HomeMy WebLinkAbout20201404.tiffRESOLUTION
RE: GRANT CHANGE OF ZONE, COZ20-0002, FROM THE A (AGRICULTURAL) ZONE
DISTRICT TO THE 1-2 (MEDIUM INDUSTRIAL) ZONE DISTRICT - SCOTT AND LYNN
LARAMORE
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 Scott and Lynn Laramore,
1711 AA St., Greeley, Colorado 80631, requesting a Change of Zone, COZ20-0002, 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, RECX17-0067; and
Lots A and B of Recorded Exemption RECX17-0068;
all being part of the E1/2 SW1/4 of Section 19,
Township 6 North, Range 65 West of the 6th P.M.,
Weld County, Colorado
WHEREAS, at said hearing, on May 20, 2020, the Board deemed it advisable to continue
the matter to June 17, 2020, to allow the applicant's representative, Kris Pickett, JPK
Consulting, LLC, to be present.
WHEREAS, on June 17, 2020, 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 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 the policies of
Chapter 22 of this Code, and changing conditions in the area warrant a
Change of Zone.
1) Section 22-2-70.A states: "The intent of the industrial Goals is to
establish industrial areas where a balanced, diversified economy can
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be encouraged in an effort to maintain and enhance the quality of life
of Weld County citizens. These Goals and Policies intend to assure
desirable local employment opportunities and to strengthen and
stabilize the economy." The proposed Change of Zone (COZ) helps
establish an industrial area that maintains and enhances the quality of
life of Weld County citizens.
2) Section 22-6-10. Economic Development — The approval of the COZ is
a balanced approach, which enhances quality of life and encourages
the development of commercial, residential, and industrial Uses in the
appropriate locations.
3) Section 23-3-300 states: "The purpose of the Industrial Zone Districts
is to implement the goals and policies of the Comprehensive Plan and
provide areas for operation of land Uses associated with distribution
and warehousing of commodities as well as production, fabrication,
manufacturing, assembling, and processing of materials. The Industrial
Zone Districts have been established to promote economic
development and job creation; to protect industry from the
encroachment of residential and less intense Commercial Uses; to
reduce the adverse impacts of industries on surrounding, nonindustrial
properties; and to encourage industrial development in areas that are
compatible with heavy infrastructure and where necessary utilities are
in place or reasonably attainable." The site is surrounded by the
A (Agriculture) Zone District, but the COZ is warranted because of the
way things are changing in the area, partially due to a transportation
project along the U.S. Highway 85 corridor, which will include
substantial improvements to the highway, including nearby accesses
and intersections. The proposal is consistent with the Comprehensive
Plan, and a COZ is warranted due to the changing conditions in the
area.
B. Section 23-2-40.B.2 — The uses which will be allowed on the subject
property by granting this Change of Zone will be compatible with the
surrounding land uses. The proposal is consistent with the City of Greeley
Future Land Use Map, which shows Industrial and Commercial Uses just
south of the proposed COZ, and the nearby USRs are more intense than
traditional agriculture and are compatible with the Industrial Zone District.
A COZ is warranted due to the changing conditions in the area.
C. Section 23-2-40.B.3 — Adequate water and sewer service can be made
available to serve the site. If the rezoning is approved, the applicant shall
demonstrate, prior to issuance of building permits on the site, that the water
and sewer services are available at the site and are adequate and
appropriate to meet the development requirements. Water is provided by
the North Weld County Water District (NWCWD) and sewer service is
available in this area, if necessary.
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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 District. The facilities are adequate in size for the type of proposed
Industrial Use, and additional turn lanes and/or acceleration/deceleration
lanes could be accommodated by future development, if warranted,
through the Site Plan Review (SPR) and/or Use by Special Review (USR)
processes.
E. Section 23-2-40.B.5 — In those instances where the following
characteristics are applicable to the rezoning request, the applicant had
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. The site is not
in any Overlay District.
2) Section 23-2-40.B.5.b — The proposed rezoning will not permit the
use of any area known to contain a Commercial Mineral Deposit,
as defined by State statutes 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.
The proposed COZ does not interfere with the commercial mineral
deposits.
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, such limitations will be
addressed by the applicant and/or the applicant's successors or
assigns prior to development of the property. If on -site soil
conditions exist, they can be addressed by the applicant during
development.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Scott and Lynn Laramore, for a Change of Zone,
COZ20-0002, 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. The applicant shall address the concerns from the Department of Public
Works referral, relating to the proposed parcels' Access Permits.
B. An Improvements Agreement is required for on-site/off-site improvements
at this location. The Improvements Agreement shall include, but is not
limited to, information which demonstrates the applicant's willingness and
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financial capability to upgrade the internal/external street/road or highway
facilities in conformance with the Transportation Plan.
C. The plat shall be amended to delineate the following:
1) All pages of the plat shall be labeled COZ20-0002.
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) AA Street is a paved road and is designated on the Weld County
Functional Classification Map (Code Ordinance 2017-01) as a
collector road, which requires 80 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
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.
5) The applicant shall show and label the existing and proposed
access point(s) 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.
6) The applicant shall show and label a 30 -foot minimum access and
utility easement to provide legal access to the parcel on the plat.
D. The following notes shall be delineated on the Change of Zone plat:
1) The Change of Zone, COZ20-0002, allows for 1-2 (Medium
Industrial) uses which shall comply with the 1-2 (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) The existing residence shall continue to be used for residential
purposes until the lot develops non-residential purposes, at which
time, the residence shall be converted to a non-residential use or
be removed.
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4) Any future structures or uses onsite must obtain the appropriate
Zoning and Building Permits.
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
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 Impact Fee,
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.
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14) Water service may be obtained from the North Weld County Water
District or the City of Greeley.
15) 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.
16) Activity or use on the surface of the ground over any part of the
On -Site Wastewater Treatment System (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 persons moving into these
areas must recognize the various impacts associated with this
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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 22-2-20.J.2 of the Weld County Code, shall be placed on
the map and recognized at all times.
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. 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.
3. The Change of Zone plat map shall be submitted to the Department of Planning
Services' for recording within 120 days of approval by the Board of County
Commissioners.
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 17th day of June, A.D., 2020.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: dedavo w jei.:(x
Weld County Clerk to the Board
Mike Freeman, Chair
Steve Moreno, Pro -Tern
BY:
Deputy Clerk to the Board
APPR
County Attorney
Kevin D. Ross
Date of signature: 07/13 /20
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