HomeMy WebLinkAbout20211196.tiffRESOLUTION
RE: GRANT CHANGE OF ZONE, COZ21-0001, FROM THE A (AGRICULTURAL) ZONE
DISTRICT TO THE 1-3 (HEAVY INDUSTRIAL) ZONE DISTRICT - HARLEY AND
PATRICIA TROYER
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 12th day of May, 2021, at 10:00 a.m., in the
Chambers of the Board for the purpose of hearing the application of Harley and Patricia Troyer,
10910 County Road 28, Fort Lupton, Colorado 80621, requesting a Change of Zone,
COZ21-0001, from the A (Agricultural) Zone District to the 1-3 (Heavy Industrial) Zone District for
a parcel of land located on the following described real estate, to -wit:
Part of the N1/2 SE1/4 /4 of Section 7,
Township 2 North, Range 66 West of the 6th P.M.,
Weld County, Colorado
WHEREAS, the applicant was present and represented by Chad Cox, Western
Engineering Consultants, 127 South Denver Avenue, Ft Lupton, Colorado 80621, 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.B.1 — The proposal is consistent with Chapter 22 of the
Weld County Code.
1) Section 22-4-10.A.1, being the Comprehensive Plan Map
section, refers to one of the two main components for siting
preference of rezonings and subdivisions. Specifically, that
areas of opportunity for commercial and industrial
development are logically developed based on
transportation infrastructure of roads and railroads. The
abutting proximity of this site to U.S. Highway 85 allows for
the convenient and efficient regional transportation of goods
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Carly Koppes, Clerk and Recorder, Weld County , CO
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CHANGE OF ZONE (COZ21-0001) - HARLEY AND PATRICIA TROYER
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and services that may be produced or received from a
potential business on this property. By rezoning the property
to 1-3 (Heavy Industrial), a larger variety of anticipated future
uses may benefit from the nearby Highway.
2) Section 22-4-10.B., being the Weld County Opportunity
Zone criteria, states that zone changes to commercial and
industrial are preferred in select areas of the County,
specifically, within one-half (1/2) mile of U.S. highways. This
property is located within the one-half (1/2) mile buffer
surrounding U.S. Highway 85; therefore, it is classified as
being located within a Weld County Opportunity Zone. As
such, the County supports a zone change in this area,
assuming compliance with all other applicable Change of
Zone requirements of the Weld County Code.
B. Section 23-2-40.6.2 — The Uses which will be allowed on the subject
property by granting the Change of Zone will be compatible with the
surrounding land uses. The surrounding lands are a mix of agricultural,
rural residential and industrial uses. The surrounding lands are zoned
A (Agricultural). The next closest, unincorporated, non -agriculturally zoned
properties are approximately 1.3 miles south of the site, located east of and
adjacent to U.S. Highway 85 and are zoned 1-3 (Heavy Industrial). There
are several Use by Special Review permits in the immediate area,
including: USR-1591 (outdoor storage facility), USR-911 (tractor and farm
implement sales), SUP -281 (compressor station), MUSR11-0002 (truck
parking and maintenance facility) and USR13-0027 (utility, excavation
company and storage yard). This Change of Zone to 1-3 and the Uses
permittable in that Zone District will be compatible with the surrounding land
uses. The Department of Planning Services sent notice to ten (10)
surrounding property owners within 500 feet of the subject parcel, no
responses were received back. The subject site is located within the Weld
County and City of Fort Lupton Coordinated Planning Agreement (CPA)
boundary. The Fort Lupton referral, dated March 16, 2021, does not
support the proposed Change of Zone to the 1-3 (Heavy Industrial) Zone
District, as this area is designated as "Commercial Transition" on the Fort
Lupton Comprehensive Plan Future Land Use Map. For reference, Fort
Lupton has annexed and zoned a nearby parcel to C-2 (Heavy
Commercial), located approximately 0.15 miles north of the subject site,
which was previously permitted by Weld County as a mineral resource
development facility (storage yard) via USR12-0019. However, future land
use permitting on the subject site, whether by Site Plan Review or Use by
Special Review will require uses to conform to appropriate Design and
Operations Standards and will include a landscaping and screening
component, to ensure compatibility with the U.S. Highway 85 corridor and
surrounding land uses.
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Carly Koppes, Clerk and Recorder, Weld County , CO
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C. 23-2-40.6.3 — Adequate water and sewer service can be made available to
the site to serve the Uses permitted within the proposed zone district. The
COZ application materials included a copy of a non-exempt commercial
water well permit application, which was submitted to the Colorado Division
of Water Resources (DWR) on January 20, 2021. Per the DWR referral
dated January 26, 2021, this application is pending review. If approved, the
commercial well would provide adequate water service to a wide variety of
potential uses in the 1-3 Zone District. Additionally, the DWR referral states
that there is an existing irrigation well on the property, permit number
4490-R. This well cannot be used at this time, unless the well is covered
under a court approved augmentation plan or State Engineer approved
substitute water supply plan. The COZ application materials included a
preliminary subsurface exploration report, dated January 19, 2021. This
report contained considerations for future On -site Wastewater Treatment
Systems (OWTS). There is no current permanent septic disposal method
onsite.
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 contains two (2) unpermitted access locations
on to County Road 25.5, classified as a local roadway on the Weld County
Functional Classification Map. Access Permits shall be obtained.
Additionally, this site is adjacent to U.S. Highway 85, which is a positive
factor to many potential commercial and industrial users of this site. The
Colorado Department of Transportation (CDOT) did not respond to this
referral request, but future coordination between the property owner and
CDOT is encouraged as the County Road 22.5 and U.S. Highway 85
intersection may be impacted by the U.S. Highway 85 PEL (Planning and
Environmental Linkage Study) and associated ACP (Access Control Plan).
Specifically, this intersection has been identified to be closed in the future,
in conjunction with proposed interchange improvements to the County
Road 22 and U.S. Highway 85 intersection, located one-half (1/2) mile to
the south.
E. Section 23-2-40.B.5 — In those instances where the following
characteristics are applicable to the rezoning request, the applicant has
demonstrated compliance with the applicable standards:
1) Section 23-2-40.6.5.a — The proposed Change of Zone
(COZ) is not located within the Airport, 1-25, Historic
Townsite, or Geological Hazard Overlay Districts and is not
located within a Special Flood Hazard Area. No additional
compliance with Overlay Districts must be demonstrated.
2) Section 23-2-40.B.5.b — The proposed Change of Zone
does not interfere with the present or future extraction of
mineral resources, more so than the existing zoning. The
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Carly Koppel, Clerk and Recorder, Wald County , CO
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preliminary subsurface exploration report, dated
January 19, 2021, as submitted in the application materials,
identifies that the mineral resources under the subject
property may contain aggregate resources, specifically
gravel deposits along stream terraces. However, open
mining and the processing of materials is permitted via a
Use by Special Review permit in both the existing
A (Agricultural) Zone District and the proposed 1-3 (Heavy
Industrial) Zone District. As a result, extraction of such
minerals is not impeded with respect to permitting if the
Change of Zone is approved. Additionally, the proposed use
of this site, as detailed in SPR21-0003, does not include
structures which would preclude mining.
3) Section 23-2-40.B.5.c — The overall use on the subject
property will not change with the approval of this Change of
Zone, as a pending Site Plan Review seeks to simply
expand the existing auction facility. The U.S.D.A. Natural
Resources Conservation Service (NRCS) Custom Soil
Report, dated December 1, 2020, as submitted in the
application materials, describes the property containing
low -slope Altvan loam soils that do not inhibit or preclude
potential on -site construction. This soil type is classified as
"Not prime farmland" and is considered well -drained soil.
Additionally, the preliminary subsurface exploration report
did not describe any moderate or severe soil limitations that
would preclude development.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Harley and Patricia Troyer for a Change of Zone,
COZ21-0001, from the A (Agricultural) Zone District to the 1-3 (Heavy 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. The applicant shall acknowledge the referral comments from the Colorado
Division of Water Resources, as stated in the referral response dated
January 26, 2021. Evidence of such shall be submitted, in writing, to the
Weld County Department of Planning Services.
B. The applicant shall attempt to address the recommendations from the Weld
County Oil and Gas Energy Department, as stated in the referral response
dated February 4, 2021. Evidence of such shall be submitted, in writing, to
the Weld County Department of Planning Services.
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Carly Koppes, Clerk and Recorder, Weld County , CO
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C. The Change of Zone plat shall delineate the following:
1) All sheets of the plat shall be labeled COZ21-0001.
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 delineated on
the plat by book and page number or reception number.
4) The applicant shall show and label the County Road 22.5 and U.S.
Highway 85 intersection in accordance with the U.S. 85 PEL
(Planning and Environmental Linkage Study).
5) County Road 22.5 is a gravel road and is designated on the Weld
County Functional Classification Map (Code Ordinance #2017-01)
as a local road, which requires 60 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. It is noted that CR 22.5 west of the
intersection with CR 25.5 is existing maintained right-of-way with no
documentation. The right-of-way east of the intersection of CR 25.5
should be researched to determine its existence.
6) County Road 25.5 is a gravel road and is designated on the Weld
County Functional Classification Map (Code Ordinance #2017-01)
as a local road, which requires 60 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. It is noted that north of CR 22.5
intersection, CR 25.5 is unmaintained petition right-of-way.
7) The applicant shall show the Colorado Department of
Transportation (CDOT) right-of-way on the plat along with the
documents creating the right-of-way.
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Carly Koppae, Clark and Recorder, Wald County , CO
X111 NU��IRI�(�'Ii+G414+:1kl4'L'i1��4 R�til�'Y4 1I 111
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8) The applicant shall show the approved CDOT access point on the
plat and label with the approved access permit number, if
applicable.
9) The applicant shall show and label the existing access point and
the usage type(s) (Agricultural, Residential, Commercial/Industrial,
or Oil and Gas). Public Works will review access locations as a part
of the plat submittal.
D. The following notes shall be delineated on the Change of Zone plat:
1) Change of Zone, COZ21-0001, allows for 1-3 (Heavy Industrial)
Zone District uses which shall comply with the requirements set
forth in Chapter 23, Article III, Division 4 of the Weld County Code,
as amended.
2) Any future structures or uses onsite may be required to obtain
approval through a Site Plan Review or Use by Special Review and
the appropriate zoning and Building Permits.
3) The operation shall comply with all applicable rules and regulations
of the state and federal agencies and the Weld County Code.
4) 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.
5) 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.
6) Access on the site shall be maintained to mitigate any impacts to
the public road, including damages and/or off -site tracking.
7) 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.
8) 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.
9) The historical flow patterns and runoff amounts will be maintained
on the site.
10) Water service may be obtained from an appropriately permitted
well.
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Carly Koppes, Clerk and Recorder, Weld County CO
III!PAY' iY I WV�IL�ItrK WMJ� 1� ��
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11) 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.
12) 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.
13) 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.
14) 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.
15) Building Permits issued on the proposed lots will be required to
adhere to the fee structure of the County -Wide Road Impact Fee,
County Facility Fee and Drainage Impact Fee Programs.
16) 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.
17) 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
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Carly Koppee, Clerk and Recorder, Weld County , CO
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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.
2. Upon completion of Condition 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. Upon approval of the plat the applicant
shall submit 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 plat shall be prepared
in accordance with the requirements of Sections 23-2-50.C and D of the Weld
County Code. 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.
3. 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.
6. 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.
7. In accordance with Weld County Code Ordinance 2012-7 approved June 1, 2012,
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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Carly Koppes, Clerk and Recorder, Weld County , CO
Kike .1011 h "Ill
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The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 12th day of May, A.D., 2021.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: de:Met) ..EL;ok.
Weld County Clerk to the Board
BY.
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Deputy Clerk to the Boa
APP' V' D A O
Mike Freeman
EXCUSED
• unty rney
Date of signature: I ELI
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Steve Moreno, Chair
Lori Saine
2021-1196
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