HomeMy WebLinkAbout20210677.tiffRESOLUTION
RE: GRANT CHANGE OF ZONE, COZ20-0009, FROM THE A (AGRICULTURAL) ZONE
DISTRICT TO THE I-2 (MEDIUM INDUSTRIAL) ZONE DISTRICT - DURAN
ENTERPRISES, LLC
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, a public hearing was held on the 10th day of March, 2021, at 10:00 a.m., in
the Chambers of the Board for the purpose of hearing the application of Duran Enterprises, LLC,
14332 County Road 64, Greeley, Colorado 80631, requesting a Change of Zone, COZ20-0009,
from the A (Agricultural) Zone District to the I-2 (Medium Industrial) Zone District for a parcel of
land located on the following described real estate, to -wit:
NE1/4 NW1/4 of Section 33, Township 6 North,
Range 66 West of the 6th P.M., Weld County,
Colorado
WHEREAS, the applicant was represented by Kris Pickett, JKP Consulting, LLC, 1211 9th
Street, Greeley, Colorado 80631, and
WHEREAS, Section 23-2-40 of the Weld County Code provides standards for review of
such a Change of Zone, and
WHEREAS, the Board of County Commissioners heard all the testimony and statements
of those present, studied the request of the applicant and the recommendation of the Weld County
Planning Commission and, having been fully informed, finds that this request shall be approved
for the following reasons:
1. The applicant has complied with all the application requirements listed in
Section 23-2-50 of the Weld County Code.
2. The applicant has demonstrated that the request is in conformance with
Section 23-2-40.B of the Weld County Code as follows:
A. Section 23-2-40.6.1 — That the proposal is consistent with Chapter 22 of
the Weld County.
1) Section 22-2-30.B.1 states: "Encourage annexation of urban -scale
development. Zone changes and subdivisions within one -quarter
mile of municipal limits are strongly discouraged. Property owners
who want to rezone or subdivide their property are encouraged to
contact the municipality about annexation."The property is adjacent
to the City of Greeley. Zone changes are strongly discouraged
within 0.25 miles of a municipal limit in order to promote annexation
of urban development for harmonious development which benefits
both the County and the municipality. Weld County does not have
a Coordinated Planning Agreement with the City of Greeley. The
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City, in the referral dated January 9, 2021, indicated that annexation
would be required should the property require water or sanitary
services in the future. The Land Use Guidance Map for the City
designates the northern portion of the property in the Northwest
Industrial Rail Corridor and the southern portion in the Cache la
Poudre River Corridor. The site design meets in the intended
location for industrial development.
2) Section 22-2-30.B.2 states: "Urban -scale development shall only be
placed where urban services, including public water, are available."
Water and sewer service can be made available to the property.
3) Section 22-2-30.C.1 states: "Transition between land use types and
intensities with buffers. Uses that are incompatible with existing
uses must be able to mitigate conflicts." Residential properties are
separated from the industrial property by a hill and the Cache la
Poudre floodplain. Screening from residential properties will be
required on the site as it is further developed.
4) Section 22-2-30.C.3 states: "Encourage development that
preserves land for agriculture, rangeland, wetlands, and critical
habitats."
5) Section 22.2.50.C.2 states: "Encourage development to locate
outside of flood -prone areas to reduce the loss of life and property."
The site includes floodplain, but the existing uses do not encroach
into the floodplain.
6) Section 2-2-30.D.2 states: "Ensure that land use change proposals
comply with applicable transportation plans, functional
classifications, and access control plans adopted by the County."
The proposal is located adjacent to two (2) arterial roads,
O Street (County Road 64) and 71st Avenue (County Road 29).
Further development of the site will require that the roads and
access be brought up to the standard for arterial roads.
7) Section 22-2-40.A.1 states: "Identify target areas where the County
is able to encourage shovel -ready commercial and industrial
development." The site is located in a Weld County Opportunity
Zone and the North Greeley Rail Corridor Subarea, which indicates
that the site may be a good location for commercial and industrial
development including zone changes.
8) Section 22-2-40.A.5 states: "Encourage agglomeration economies
of synergistic businesses." Other industrially zoned properties are
located to the east of this property along O Street (County
Road 64). As the City did not express an interest in annexing the
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property at this time, the application is compatible with the
Comprehensive Plan.
B. Section 23-2-40.6.2 — The uses which would be allowed on the subject
property by granting the Change of Zone will be compatible with the
surrounding land uses. The proposal is located within the three (3) mile
referral area of the City of Greeley and the Town of Windsor. The Town of
Windsor, in the referral dated December 18, 2020, indicated no concerns.
The City of Greeley, in the referral dated January 9, 2021, did not indicate
any concerns with the proposed industrial zoning of the property. The
adjacent property to the east within the city limit is zoned
I -M (Medium Industrial) and is being used industrially by multiple
businesses, including Loveland Industries Company, Zateca Food, Inc.,
and Colorado Bean, Inc. The property is adjacent on two (2) sides to roads
classified on the Weld County Functional Classification Map as arterial and
is within 100 feet of the Great Western Railroad. The site is within a Weld
County Opportunity Zone, as well as the North Greeley Rail Corridor
Subarea, with most of the property designated as Rail Centric Employment
Center. The southern portion of the property is located within the Cache la
Poudre floodplain and is designated for floodplain and commercial gravel
mining. Viable gravel resource is located adjacent to the west. The property
is currently occupied by businesses permitted by Use by Special Review
Permit, MUSR15-0010, for an excavation company and mini -storage.
Potential uses for I-2 (Medium Industrial) zoned properties can be found in
Section 23-3-320 of the Weld County Code, including the current uses of
the property for fabricating, assembling and storage (Section
23-3-320.C.2), commercial storage buildings (Section 23-3-320.C.7),
offices (Section 23-3-320.C.16), outdoor storage (Section 23-3-320.C.19),
and vehicle maintenance (Section 23-3-320.C.31). The existing uses are
compatible with the I-2 (Medium Industrial) Zone District. Referrals without
concerns were received from the following agencies: North Weld County
Water District, Greeley Fire Department, Weld County Sheriff's Office and
Colorado Parks and Wildlife. There are two (2) residences on
A (Agricultural) zoned properties located to the south. Adequate screening
would be required through the site plan process, should the site be further
developed in Weld County. Any future industrial uses will have to be
approved through a Site Plan Review or Use by Special Review process.
The site cannot be classified as nonurban-scale development, so any
expansion of the site will require water and sewer service, and therefore
annexation. The Conditions of Approval applied to this Change of Zone and
further site planning processes will adequately address and mitigate
potential impacts. The City of Greeley also included several advisory
statements concerning future development of the site. Due to the proximity
of the rail line, major transportation networks, and the presence of other
industrial operations in the vicinity, a Change of Zone to I-2 (Medium
Industrial) is compatible with the surrounding land uses.
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C. Section 23-2-40.B.3 — Adequate water and sewer service can be made
available to the site to serve the uses permitted within the proposed zone
district. The site is currently served by two (2) North Weld County Water
District taps (Account #s 5188001 and 1009002) for water service. The site
is served by five (5) septic systems for sewer service, permit numbers
G19949180, G19940564, SP -1300256, SP -1500034, and SP -1800298. A
City of Greeley sewer line crosses the property. Weld County
Environmental Health Services included plat notes addressing potable
water and sewer on the site.
D. Section 23-2-40.6.4 - Street or highway facilities providing access to the
property are adequate in size to meet the requirements of the proposed
zone districts. The property is adjacent on two sides to paved roads
classified on the Weld County Functional Classification Map as arterial and
is within 100 feet of a railroad. Industrial uses are encouraged to be located
near rail and arterial roads or highways. The Department of Public Works,
in the referral dated January 13, 2021, indicated road improvements would
be required if the property use were to be further developed through Weld
County.
E. Section 23-2-40.B — In those instances where the following characteristics
are applicable to the rezoning request, the applicant has demonstrated
compliance with the applicable standards:
1) Section 23-2-40.B.5.a — If the proposed Change of Zone is located
within any Overlay District identified by maps officially adopted by
the County, that the applicant has demonstrated compliance with
the County regulations concerning Overlay Districts. Compliance
may be demonstrated in a previous public hearing or in the hearing
concerning the rezoning application. A portion of the property is
located in a FEMA 1% Annual Chance Special Flood Hazard Area.
Development in that portion of the site would require compliance
with Weld County floodplain regulations. The portion of the site
being used industrially is not in the floodplain. The site is located in
an Urbanizing Drainage Area. The site is not located within the
following overlay districts officially adopted by the County, including
airport, geologic, historic, or MS4 overlay district.
2) Section 23-2-40.B.5.b — That the proposed rezoning will not permit
the use of any area known to contain a commercial mineral deposit
in a manner which would interfere with the present or future
extraction of such deposit by an extractor to any greater extent than
under the present zoning of the property. According to the
geotechnical report, dated May 23, 2019, and submitted with the
application, some sand and gravel does exist beneath the site, but
did not indicate that the amount was considered commercially
viable. The site, as it is currently permitted, would not inhibit the
extraction of the minerals.
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3) Section 23-2-40.B.5.c — If soil conditions on the site are such that
they present moderate or severe limitations to the construction of
structures or facilities proposed for the site, that such limitations can
be overcome and that the limitations will be addressed by the
applicant and/or the applicant's successors or assigns prior to the
development of the property. The Preliminary Geotechnical
Engineering Report, dated May 23, 2019, indicated "The
subsurface soils at the site consisted of varying layers of silty sand,
silty clayey sand and well graded sand with gravel to depths of
15 feet. Groundwater was encountered at depths of approximately
4.5 to 8.5 feet below existing site grade. The results of the field
exploration and laboratory testing indicate that the soils are
non -expansive and have low load bearing capabilities. The soil
types should provide a stable subgrade for pavement, although the
relatively shallow groundwater may lead to areas of instability.
Septic systems are feasible although the shallow groundwater may
require adjustment of the leach field elevations."
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Duran Enterprises, LLC, for a Change of Zone,
COZ20-0009, from the A (Agricultural) Zone District to the I-2 (Medium Industrial) Zone District
on the above referenced parcel of land be, and hereby is, granted subject to the following
conditions:
1. Prior to recording the plat:
A. All signs and display vehicles shall be removed from the public right-of-
way.
B. The plat shall be amended to include the following:
1) All pages of the plat shall be labeled COZ20-0009.
2) The plat shall adhere to Section 23-2-50.D of the Weld County
Code.
3) All recorded easements and rights -of -way shall be shown and
dimensioned on the Change of Zone plat.
4) County Road 64 is a paved road and is designated on the Weld
County Functional Classification Map (Code Ordinance #2017-01)
as an arterial road, which requires 140 feet of right-of-way at full
buildout. The applicant shall delineate and label the future and
existing right-of-way (along with the documents creating the
existing right-of-way) and the physical location of the road on the
plat. If the existing right-of-way cannot be verified, it shall be
dedicated or reserved per Weld County Code. The applicant shall
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also delineate the physical location of the roadway. Pursuant to the
definition of setback in the Weld County Code Section 23-1-90, the
required setback is measured from the future right-of-way line. This
road is maintained by Weld County.
5) North 71st Avenue is a paved road and is designated on the Weld
County Functional Classification Map (Code Ordinance #2017-01)
as an arterial road, which requires 140 feet of right-of-way at full
buildout. The applicant shall delineate and label the future and
existing right-of-way (along with the documents creating the
existing right-of-way) and the physical location of the road on the
plat. If the existing right-of-way cannot be verified, it shall be
dedicated or reserved per Weld County Code. The applicant shall
also delineate the physical location of the roadway. Pursuant to the
definition of setback in the Weld County Code Section 23-1-90, the
required setback is measured from the future right-of-way line. This
road is maintained by Weld County.
6) The applicant shall show and label the existing access points and
the usage types (Agricultural, Residential, Commercial/Industrial, or
Oil and Gas). Public Works will review access locations as a part of
the plat submittal.
C. The following notes shall be delineated on the Change of Zone plat:
1) The Change of Zone, COZ20-0009, allows for I-2 (Medium
Industrial) uses which shall comply with the I-2 (Medium Industrial)
Zone District requirements as set forth in Chapter 23, Article III,
Division 4 of the Weld County Code, as amended.
2) The operation shall comply with all applicable rules and regulations
of state and federal agencies and the Weld County Code.
3) Any future structures or uses onsite must obtain the appropriate
Zoning and Building Permits.
4) Industrial development will require buffering and screening from
residential properties through the permitting process.
5) Building Permits may be required for any new construction or set
up manufactured structure, per Section 29-3-10 of the Weld County
Code. A Building Permit application must be completed and
submitted. Buildings and structures shall conform to the
requirements of the various codes adopted at the time of permit
application. Currently, the following have been adopted by Weld
County: 2018 International Building Codes, 2006 International
Energy Code, 2017 National Electrical Code, and Chapter 29 of the
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Weld County Code. A plan review shall be approved, and a permit
must be issued prior to the start of construction.
6) Building Permits issued on the proposed lots will be required to
adhere to the fee structure of the County -Wide Road Fee Impact,
County Facility Fee, and Drainage Impact Fee Programs.
7) The property owner or operator shall be responsible for controlling
noxious weeds on the site, pursuant to Chapter 15, Articles I and II,
of the Weld County Code.
8) Weld County will not replace overlapping easements located within
existing right-of-way or pay to relocate existing utilities within the
existing County right-of-way.
9) All access and utility easements are dedicated for the benefit of all
owners of lots depicted on this plat, including owners of future lots
created therefrom, regardless of lot configuration or number of
users, and without limitation of the use or intensity of the use of
such easements. No lot owner may install a gate or otherwise
impede the use of such easements without the approval of all
persons with rights of use of such easements.
10) Access on the site shall be maintained to mitigate any impacts to
the public road, including damages and/or off -site tracking.
11) Prior to the release of Building Permits, the applicant shall be
required to submit a complete access application for a "preliminarily
approved" access location as shown on this plat.
12) Any work that may occupy and/or encroach upon any County
rights -of -way or easement shall acquire an approved Right -of -Way
Use Permit prior to commencement.
13) The historical flow patterns and runoff amounts will be maintained
on the site.
14) Water service may be obtained from the North Weld County Water
District.
15) The parcel is currently not served by a municipal sanitary sewer
system. Sewage disposal may be by an On -site Wastewater
Treatment System (OWTS) designed in accordance with the
regulations of the Colorado Department of Public Health and
Environment, Water Quality Control Division, and the Weld County
Code in effect at the time of construction, repair, replacement, or
modification of the system.
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16) Activity or use on the surface of the ground over any part of the
OWTS must be restricted to that which shall allow the system to
function as designed and which shall not contribute to compaction
of the soil or to structural loading detrimental to the structural
integrity or capability of the component to function as designed.
17) During development of the site, all land disturbances shall be
conducted so that nuisance conditions are not created. If dust
emissions create nuisance conditions, at the request of Weld
County Environmental Health Services, a Fugitive Dust Control
Plan must be submitted.
18) If land development exceeds six (6) months in duration, the
responsible party shall prepare a Fugitive Dust Control Plan, submit
an Air Pollution Emissions Notice application, and apply for a permit
from the Colorado Department of Public Health and Environment.
19) Necessary personnel from the Weld County Departments of
Planning Services, Public Works, and Public Health and
Environment shall be granted access onto the property at any
reasonable time in order to ensure the activities carried out on the
property comply with the Conditions of Approval stated herein and
all applicable Weld County regulations.
20) RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT:
Weld County has some of the most abundant mineral resources,
including, but not limited to, sand and gravel, oil, natural gas, and
coal. Under Title 34 of the Colorado Revised Statutes, minerals are
vital resources because (a) the state's commercial mineral deposits
are essential to the state's economy; (b) the populous counties of
the state face a critical shortage of such deposits; and (c) such
deposits should be extracted according to a rational plan, calculated
to avoid waste of such deposits and cause the least practicable
disruption of the ecology and quality of life of the citizens of the
populous counties of the state. Mineral resource locations are
widespread throughout the County and people moving into these
areas must recognize the various impacts associated with this
development. Oftentimes, mineral resource sites are fixed to their
geographical and geophysical locations. Moreover, these
resources are protected property rights and mineral owners should
be afforded the opportunity to extract the mineral resource.
21) The Weld County Right to Farm Statement, as it appears in
Section 22-2-30.A.4.a of the Weld County Code, shall be placed on
the map and recognized at all times.
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2. Upon completion of Conditions of Approval #1 above, the applicant shall submit
one (1) electronic copy (.pdf) of the plat for preliminary approval to the Weld
County Department of Planning Services. The plat shall be prepared in accordance
with the requirements of Section 23-2-50.D of the Weld County Code.
3. Upon approval of the plat, Condition of Approval #2 above, the applicant shall
submit to the Department of Planning Services a Mylar plat along with all other
documentation required as Conditions of Approval. The Mylar plat shall be
recorded in the office of the Weld County Clerk and Recorder by the Department
of Planning Services. The Mylar plat and additional requirements shall be
submitted within 120 days from the date of the Board of County Commissioners
Resolution. The applicant shall be responsible for paying the recording fee.
4. The applicant shall be allowed 120 days from the date the plat is recorded to submit
a Site Plan Review application.
5. Any approved amendments to the Official Zoning Map shall be effective
immediately upon approval by the Board of County Commissioners unless
otherwise specified by the approving Resolution of the Board of County
Commissioners. However, no building permit shall be issued, and no use shall
commence on the property until the plat is recorded.
6. If a plat has not been recorded within 120 days of the date of the approval of the
Change of Zone (COZ), or within a date specified by the Board of County
Commissioners, the Board may require the landowner to appear before it and
present evidence substantiating that the COZ has not been abandoned and that
the applicant possesses the willingness and ability to record the plat. The Board of
County Commissioners may extend the date for recording the plat. If the Board
determines that conditions supporting the original approval of the COZ cannot be
met, the Board may, after a public hearing, revoke the COZ.
7. In accordance with Weld County Code Appendix 5-J, should the plat not be
recorded within the required 120 days from the date of the Board of County
Commissioners Resolution, a $50.00 recording continuance charge shall be added
for each additional three (3) month period.
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The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 10th day of March, A.D., 2021.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: da, 44) v• •�
Weld County Clerk to the Board
Date of signature: 4/O1/2 -
Steve Moreno, Chair
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