HomeMy WebLinkAbout20201418.tiffRESOLUTION
RE: GRANT CHANGE OF ZONE, COZ20-0003, FROM THE A (AGRICULTURAL) ZONE
DISTRICT TO THE 1-2 (MEDIUM INDUSTRIAL) ZONE DISTRICT - DOUG DERR AND
DARWIN DERR
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 20th day of May, 2020, at 10:00 a.m., in the
Chambers of the Board for the purpose of hearing the application of Doug Derr and Darwin Derr,
699 North 1st Ave., Greeley, Colorado 80631, requesting a Change of Zone, COZ20-0003, from
the A (Agricultural) Zone District to the 1-2 (Medium Industrial) Zone District, for a parcel of land
located on the following described real estate, to -wit:
Lot A of Recorded Exemption, RECX16-0165; being
part of the NE1/4 of Section 4, Township 5 North,
Range 65 West of the 6th P.M., Weld County,
Colorado
WHEREAS, the applicant was represented by J.C. York, J & T Consulting, Inc.,
305 Denver Avenue, Suite D, Fort 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 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.
1) Section 22-2-20.1.2 (A. Policy 9.2) states: "Consider the individuality
of the characteristics and the compatibility of the region of the
County that each proposed land use change affects, while avoiding
requirements that do not fit the land use for that specific region."
The City of Greeley's 2006 Comprehensive Plan Land Use
Guidance Map, adopted March 4, 2009, identifies lands east of
U.S. Highway 85 and north of the Cache La Poudre River as being
a part of the "Northeast Industrial Area" and are available for future
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industrial development. The City of Greeley updated their
Comprehensive Plan, entitled Imagine Greeley Comprehensive
Plan, adopted on February 6, 2018. The associated Land Use
Guidance map designates lands east of U.S. Highway 85 and north
of East 8th Street as "Employment, Industrial and Commercial
areas, with North Cherry Avenue identified as a multi -modal
corridor." The City of Greeley, in the referral dated April 2, 2020,
provided general advisory comments indicating "the subject sites
are within the City of Greeley's Long Range Expected Growth
Area (LREGA). Moreover, Greeley's Land Use Guidance Map
illustrates that the subject site is in an area that the community has
dedicated to industrial -manufacturing, as well as other employment
uses, such as research and development, office parks, and
distribution and logistics centers. However, high impact
heavy -industrial land uses that generate excessive noise, fumes,
odors, or other impacts are discouraged. The proposed rezoning,
and associated uses on the subject site, are a supportable land
use." The proposed Change of Zone is compatible with the current
Comprehensive and Future Development Plans for the City of
Greeley. The City of Evans, City of Garden City, and the Town of
Kersey are within the three (3) mile referral area. The City of Evans
responded with no concerns in the referral dated March 19, 2020,
and the City of Garden City responded with no concerns in the
referral dated March 17, 2020. The Town of Kersey did not respond.
B. Section 23-2-40.B.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 Department of Planning Services sent out
four (4) notices to surrounding property owners and received no letters in
opposition to the Change of Zone request. Lands to the north and east were
re -zoned to A (Agricultural) under COZ19-0001 on September 11, 2019,
and recorded under Reception number 4546891, on December 4, 2019.
Adjacent properties to the south and west are zoned A (Agricultural).
Proposed land uses to the north and east are for the expansion of the
current Mineral Resource Development Facilities including open pit mining
(sands, gravels and stones) and materials processing; stockpiling,
recycling and processing of demolition material (asphalt and concrete) and
the importation of soil amendments (topsoil, peats and compost) currently
under advisement, per 2MJUSR19-08-1660 and located to the south of this
property, and to the west is 2MUSR16-85-690 Mineral Resource
Development Facilities, including aggregate mining which is in the process
of reclamation through the DRMS and will create a water storage lake for
agriculture, municipal and industrial users. The property is also within the
Airport Overlay District and Airport Critical Flight Zone. The proposed
Change of Zone does not obstruct the airspace, nor is otherwise hazardous
to, the flight of aircraft in landing or taking off at the airport. There are two
(2) residences in the immediate area, the first being immediately to the
north of the property that is within the proposed Global Asset Recovery
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Mine expansion area and the second to the northwest, west of N. Balsam
Avenue at the top of the hill south of "C" Street.
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 City of Greeley will be the water provider for the proposed
non-residential project located in the North Weld/City of Greeley Water
Service boundary, per the Intergovernmental Agreement between the City
of Greeley and the North Weld County Water District. An On -site
Wastewater Treatment Systems (OWTS) will provide sewer services for
the proposed development of the property.
D. Section 23-2-40.B.4 - Street or highway facilities providing access to the
property are adequate in size to meet the requirements of the proposed
zone districts. The Weld County Department of Public Works has reviewed
the application materials related to access. The applicant has proposed
that the parcel continue to use the existing permitted access (AP16-00450)
on to County Road 41.5 (Balsam Avenue). No new Access Permit is
requested.
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.B.5.a — According to the "Geologic Hazard Area
Map of Potential Ground Subsidence Areas in Weld County,
Colorado", dated May 10, 1978, the site is not in a geologic hazard
area. According to the Federal Emergency Management Agency
Flood Insurance Rate Map (FIRM) Map Number 08123C -1541E,
effective date January 20, 2016, the Change of Zone area does not
lie within a flood zone area. Based on the Greeley -Weld County
Airport "Airport Layout Plan", Sheet 8 of 21 "Airport Airspace
Drawing" dated December 2016, the site is in the Weld County
Airport overlay district area.
2) Section 23-2-40.B.5.b — J&T Consulting, Inc., obtained a statement
from the Professional Engineer dated January 7, 2020, stating "The
parcel described as Lot A of RECX16-0165, which is 8.438 acres in
the SW1/4 of the NE1/4 of Section 4, Township 5 North, Range 65
West of the 6th P.M., contains a small sand and gravel resource.
Sand and gravel are present to an approximate depth of 70 feet
throughout the parcel. The parcel can be considered to contain a
sand and gravel deposit; however, the parcel is currently occupied
by oil and gas facilities on the western one-third of the property and
an oil/gas pipeline easement that runs from east to west
approximately 75 feet north of the south property line. The property
is very small and would not be considered economically feasible for
sand and gravel mining." The Weld County Sand Gravel Resources
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map, based on information obtained from Colorado Geological
Survey Special Publication 5-A, 1974, defines the Landform Units
as Stream -Terrace deposits: Older stream deposits now preserved
as benches flanking present stream courses and are comprised of
water deposited gravel, sand, silt, and clay. Given the size of the
parcel and the current infrastructure on the property, the economic
viability of a mineral extraction appears to be non -viable.
3) Section 23-2-40.B.5.c — Research conducted by the applicant
based on Natural Resources Conservation Service soil reports
indicate that the soils do not have moderate or severe limitations for
construction. Permanent structures are not planned for the site. If a
permanent structure is constructed on the site in the future, an
engineering design will be done for the structure to ensure that its
foundation is appropriate for the soils found where it is constructed.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Doug Derr and Darwin Derr for a Change of Zone,
COZ20-0003, from the A (Agricultural) Zone District to the 1-2 (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 commercial vehicles located on the property must be operational with
current license plates or be removed from the property. All other items
considered to be part of a noncommercial junkyard must also be removed
from the property.
B. The plat shall be amended to delineate the following:
1) All pages of the plat shall be labeled COZ20-0003.
2) The plat shall adhere to Section 23-2-50.C and D of the Weld
County Code.
3) All recorded easements shall be shown and dimensioned on the
Change of Zone plat.
4) All approved accesses shall be delineated on the plat.
5) County Road 41.5 is a gravel road and is designated on the Weld
County Functional Classification Map (Code Ordinance2017-01) 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. The
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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 point and
the usage types (Agriculture, Residential, Commercial/Industrial, or
Oil and Gas). Public Works will review access locations as a part of
the plat submittal.
7) Show and label a 30 -foot minimum access and utility easement to
provide legal access to the parcel on the plat.
C. The following notes shall be delineated on the Change of Zone plat:
1) Change of Zone, COZ20-0003, allows for 1-2 (Medium Industrial)
uses which shall comply with the requirements as set forth in
Chapter 23, Article III, Division 4, of the Weld County Code.
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 approval through
a Site Plan Review.
4) Water service may be obtained from the City of Greeley, per the
Intergovernmental Agreement between the City of Greeley and
North Weld County Water District.
5) The parcel is currently not served by a municipal sanitary sewer
system. Sewage disposal may be by septic systems 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.
6) 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.
7) 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.
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8) 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.
9) 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.
10) 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.
11) 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.
12) Access on the site shall be maintained to mitigate any impacts to
the public road, including damages and/or off -site tracking.
13) 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.
14) 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.
15) The historical flow patterns and runoff amounts will be maintained
on the site.
16) Building Permits may be required, per Section 29-3-10 of the Weld
County Code. Currently, the following has been adopted by Weld
County: 2018 International Codes, 2006 International Energy Code,
and 2017 National Electrical Code. A Building Permit Application
must be completed and two (2) complete sets of engineered plans
bearing the wet stamp of a Colorado registered architect or
engineer must be submitted for review. A Geotechnical Engineering
Report, performed by a Colorado registered engineer, shall be
required or an Open Hole Inspection.
17) 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.
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18) 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 and Development
Standards stated herein and all applicable Weld County
regulations.
19) 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 persons 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.
20) The Weld County Right to Farm Statement, as it appears in
Section 22-2-20.J.2 of the Weld County Code, shall be placed on
the map and recognized at all times.
3. 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. 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 Department of Planning Services' Staff. The plat shall be
prepared in accordance with the requirements of Section 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.
4. In accordance with Weld County Code Ordinance #2012-3, approved April 30,
2012, should the Change of Zone 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 20th day of May, A.D., 2020.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: deth4) xicosti
Weld County Clerk to the Board
Mike Freeman, Chair
Steve/ oreno, Pro -Tern
BY:
APP
Deputy Clerk to the Board
County Attorney
Date of signature: 6/5 /20
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