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LAND USE APPLICATION
SUMMARY SHEET
Angela Snyder Hearing Date: June 16, 2020
COZ20-0004
Gerrard Investments, LLC, c/o Nathan Gerrard
Rock & Rail LLC, c/o James Sharn
AGPROfessionals, c/o Tim Naylor & Shannon Toomey
27154 County Road 13, Johnstown, CO 80534
Change of Zone from the A (Agricultural) Zone District to the 1-3 (Heavy Industrial)
Zone District
Lot B of Amended Recorded Exemption 1AMRECX20-00-2803, being a part of
the S2 of Section 18, Township 5 North, Range 67 West of the 6th P.M., Weld
County, Colorado
Location: East of and adjacent to County Road 13, north of and adjacent to County Road
56
Acres: ± 131 acres Parcel #s: 0957-18-0-00-009
0957-18-3-00-050
POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS
The Department of Planning Services' staff has received responses from the following agencies:
With Comment:
City of Greeley, referral dated May 14, 2020
Y Town of Milliken, referral dated May 27, 2020
Y Town of Windsor, referral dated May 13, 2020
Y Town of Johnstown, referral dated May 14, 2020
Y Hill and Brush Ditch Company, referral dated May 12, 2020
Y Reorganized Farmers Ditch Company, referral dated May 12, 2020
Y Weld County Department of Public Works, referral dated May 14, 2020, updated June 3, 2020
Y Weld County Department of Public Health and Environment, referral dated May 11, 2020
Without Comment:
V V V V V
Colorado Geological Survey, referral dated May 13, 2020
Colorado Parks and Wildlife, referral dated April 28, 2020
Weld County Sheriff's Office, referral dated April 28, 2020
Little Thompson Water District, referral dated April 30, 2020
Weld County Zoning Compliance, referral dated April 21, 2020
Front Range Fire Protection District, referral dated April 28, 2020
COZ20-0004
Page 1 of 12
The Department of Planning Services' staff has not received responses from:
V V V V V V847
La rimer County
History Colorado
Weld County Assessor
Weld County Building Inspection
Interstate Commerce Commission
Weld County School District RE -5J
Colorado Department of Transportation
COZ20-0004
Page 2 of 12
STAFF RECOMMENDATION
CHANGE OF ZONE
Planner: Angela Snyder Hearing Date: June 16, 2020
Case Number: COZ20-0004
Owner: Gerrard Investments, LLC, do Nathan Gerrard
Applicant: Rock & Rail LLC, do James Sharn
Representative: AGPROfessionals, do Tim Naylor & Shannon Toomey
Site Address: 27154 County Road 13, Johnstown, CO 80534
Request: Change of Zone from the A (Agricultural) Zone District to the 1-3 (Heavy Industrial)
Zone District
Legal
Description:
Lot B of Amended Recorded Exemption 1AM RECX20-00-2803, being a part of
the S2 of Section 18, Township 5 North, Range 67 West of the 6th P.M., Weld
County, Colorado
Location: East of and adjacent to County Road 13, north of and adjacent to County Road
56
Acres: ± 131 acres Parcel #. 1471-31-0-00-038
The property owners have requested a Change of Zone on a property zoned A (Agricultural) to 1-3
(Heavy Industrial). Potential uses for 1-3 zoned properties can be found in Section 23-3-330 of the
Weld County Code, including the current use of the property for concrete batching (Section 23-3-
330.C.5) and transloading (Section 23-3-330.C.37).
The transloading and concrete batching operation currently operating onsite was originally permitted
by Use by Special Review Permit USR15-0027. However, the USR permit was overturned on appeal
and is no longer valid. Since that time the facility has been operated in accordance with requirements
of the Surface Transportation Board (STB) via the Interstate Commerce Commission Termination Act
of 1995 (ICCTA). Therefore, the current uses do not require local zoning approval from Weld County.
Changing the zone district of the property to 1-3 would expand the types of uses available on the
property beyond those which are otherwise authorized by the STB and ICCTA.
THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST
BE APPROVED FOR THE FOLLOWING REASONS:
1. The submitted materials are in compliance with the application requirements of Section 23-2-50
of the Weld County Code.
All necessary application materials were found to be complete on April 13, 2020.
COZ20-0004
Page 3 of 12
2. The submitted materials are in compliance with Section 23-2-30 of the Weld County Code, as
follows:
A. Section 23-2-30.A.1. - That the proposal is consistent with Chapter 22 of the Weld County.
Section 22-2-801. Goal 1. Promote the location of industrial uses within municipalities, County
Urban Growth Boundary areas, Intergovernmental Agreement urban growth areas, growth
management areas as defined in municipalities' comprehensive plans, the Regional
Urbanization Areas, Urban Development Nodes, along railroad infrastructure or where
adequate services are currently available or reasonably obtainable.
The site is located within the Growth Management Area (GMA) of the Town of Johnstown
[PC Exhibit 77] and within the following Coordinated Planning Agreement (CPA) areas:
Johnstown, Milliken and Windsor. The proposed Change of Zone is also located within
Greeley's three-mile referral area. The subject site is adjacent to railroad infrastructure; an
arterial road listed on the County Functional Classification Map; and, is within a half mile ('A)
of U.S. Highway 34. Potable water is provided to the site by Little Thompson Water District.
Section 22-2-80.B I. Goal 2. states, "Encourage appropriate industrial development to annex
into a municipality if the new or expanding industrial development is adjacent to the
municipality's corporate limits."
The site is located within the three-mile referral area and Coordinated Planning Agreement
(CPA) area of the Town of Johnstown. The applicant was encouraged to consider annexation
to the Town of Johnstown through the preapplication process, in accordance with the Weld
County — Johnstown Coordinated Planning Agreement located in Weld County Code,
Chapter 19, Article XXI.
The Town of Johnstown, in their Notice of Inquiry response dated March 2, 2020, indicated
the applicant was approached by the municipality on February 5, 2020 in pursuit of a potential
annexation. According to Section 19-21-50 of the Weld County Code, the municipality has
twenty-one (21) days from the pre -application meeting to discuss the opportunity for
annexation. The property owner was not interested in annexation at the time, as stated in a
letter submitted via email dated May 26, 2020 [see PC Exhibit 70]. The Change of Zone
application was accepted by the County on April 13, 2020, forty-two (42) days after the initial
contact with the municipality.
Though the property is within the three-mile referral area of the City of Greeley and the CPA
areas of the towns of Windsor and Milliken, the property is not within any identified growth
areas of those municipalities. [PC Exhibits 78 and 79] Notice of Inquiry responses were
received from the Towns of Milliken and Windsor on February 7, 2020. Neither town indicated
an interest in annexing the property.
Section 22-2-80.C. I. Goal 3. Consider how transportation infrastructure is affected by the
impacts of new or expanding industrial developments.
Both adjacent rail and vehicle transportation infrastructure are capable of handling industrial
development.
Section 22-2-80.D. I. Goal 4. All new industrial development should pay its own way.
The infrastructure in this area has already been brought up to an industrial level of service
as a result of recorded Improvements Agreement 2016-3738, Reception Number 4335536,
with Weld County.
COZ20-0004
Page 4 of 12
Section 22-2-80.E. I. Goal 5. New industrial uses or expansion of existing industrial uses
should meet existing federal, state and local policies and legislation.
Should the Change of Zone be approved, any uses will be subject to a Site Plan Review or
Use by Special Review, which will require local, state and federal regulation compliance.
Section 22-2-80.F. I. Goal 6. Minimize the incompatibilities that occur between industrial uses
and surrounding properties.
The Department of Planning Services and the Department of Public Health and Environment
have provided Development Standards to mitigate the impacts of land use development and
will provide detailed mitigation requirements through the Site Plan Review and Building
Permit processes. For example, visual and sound barriers are required between industrial
and residential properties through the Site Plan Review or Use by Special Review process
in accordance with Section 22-2-80.F.2. The Cooperative Planning Agreement with the Town
of Windsor found in Chapter 19, Article VI of the Weld County Code also outlines Common
Development standards that apply to the site.
Section 22-2-80. G. I. Goal 7. Recognize the importance of railroad infrastructure to some
industrial uses.
Northern Colorado continues to experience significant growth. Building and road construction
require a dedicated and easily accessible supply of goods produced by industrial businesses
to meet the demand. There is a current need for industrially zoned property which is
necessary for healthy economic growth. Fostering the agglomeration of industrial businesses
along established rail lines and major transportation networks encourages the use of rail for
transport of goods, thereby reducing truck -related traffic, emissions and road damage.
Zoning property for industrial uses along rail lines in close proximity to major highways and
restricting the permitting of industrial uses in remote areas protects rural property from the
encroachment of incompatible uses.
B. Section 23-2-30.A.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 Town of Windsor and the City of Greeley both returned referral responses, dated May
13, 2020 and May 14, 2020, respectively, recommending the application be denied based on
a 2008 intergovernmental agreement between the two municipalities known as the
Cooperative Planning Land Use and Utility Area (CLUA), included with the referral response.
The CLUA defines the area as "Secondary Corridor Area" and is, therefore, outside the
defined "Principal Employment Corridor" that is limited to the area within a half mile ('A) of
U.S. Highway 34. This map is found on page 16 of the City of Greeley referral. According to
the CLUA, the Secondary Corridor Area is primarily reserved for residential, neighborhood,
commercial and related uses. This map favors vehicle transportation corridors and does not
account for the role that the railroad plays in development options. While there is a benefit to
regional planning coordination, this location is outside of the growth management areas for
both Windsor and Greeley. Weld County was not included to participate in CLUA.
The proposal is located within the growth management boundary of the Town of Johnstown,
which returned a referral response dated May 14, 2020, recommending the County deny the
Change of Zone request based on incompatibility of intense industrial uses with future
commercial, residential, and mixed -use plans for the area. The 2008 Johnstown Land Use
Framework Plan designates this area for conservation -oriented agricultural and large lot
residential land uses. The Town of Johnstown is in the process of updating their
comprehensive plan and it is unknown if the vision for this area has changed since 2008.
County Road 13 and the area around the subject site are encumbered by three (3) rail lines
within one (1) mile and, therefore, is an unlikely location for residential development. The
COZ20-0004
Page 5 of 12
land immediately to the north of the site is designated on the Johnstown Comprehensive
Plan for "Commercial Mixed Use" and "Employment" [PC Exhibit 77]. Much of the
incorporated land directly to the west of County Road 13 is being used for industrial, rail -
oriented uses and is zoned "Mixed Use." It is logical that the actual expansion of industrial
uses will follow the rail corridor across and remain within a half -mile of County Road 13.
Lands to the south of the site are split by two (2) regional rail lines and are a mix of industrial
and agricultural uses.
The Town of Milliken referral response dated May 27, 2020, expressed concern over the
possibility of increased rail and vehicle traffic heading south from the property through
Milliken, halting traffic on Colorado Highway 257 and Colorado Highway 60, and the potential
for increased noise from train travel. The County requires haul routes to be defined as part
of the application for a Site Plan Review or Use by Special Review. The Town of Milliken, or
any affected agency, will be able to address concerns relating to a proposed site plan
proposal with a referral response. The County does not have the ability to regulate railway
traffic but will encourage future applicants to address suggestions or concerns.
Two (2) irrigation ditches are adjacent to the proposed Change of Zone, the Hill and Brush
Ditch Company and the Reorganized Farmers Ditch Company. Both returned referral
responses dated May 12, 2020 expressing concern related to water contamination. Tetra
Tech, the engineering firm responsible for the drainage design onsite, responded on May 28,
2020, by outlining the mitigation measures already constructed
Northeast of the site is an urban -scale residential subdivision known as Indianhead. The
subdivision is zoned A (Agriculture). To the east there is a reservoir and a handful of
agricultural operations with residences. One (1) property to the east is permitted as an event
center via USR15-0028. Notice of the proposed Change of Zone was sent to twelve (12)
surrounding property owners in Weld County and one (1) surrounding property owner in
Larimer County. The surrounding property owner list includes the Indianhead Homeowners
Association, which includes all residents of the Indianhead Subdivision.
The Department of Planning Services received sixty-nine (69) letters from surrounding
property owners and other members of the public opposed to the project for various reasons
at the time this report was written. The most predominant concerns were train noise and dust.
There was concern that 1-3 (Heavy Industrial) zoning will make asphalt batching a use by
right on the site, which could potentially lead to health concerns.
Most of the letters received in opposition of the proposed rezoning were from residents of the
Indianhead Subdivision. The Indianhead Subdivision is a residential island with tremendous
views of the mountains and yet predestined to be surrounded by incompatibility. On
December 20, 1972, the Board of County Commissioners denied the final plat application
based on twelve (12) counts of potential incompatibility, foreshadowing decades of land use
struggle [PC Exhibit 83]. The Chair of the Board of County Commissioners was ordered to
sign the final plat approving the subdivision at the order of the Court of Appeals, State of
Colorado, on January 30 ,1976 [PC Exhibits 84 & 87]. The subdivision is bordered by U.S.
Highway 34 to the north, 700 feet south of one rail line operated by Great Western, and less
than 0.4 miles northeast of a second rail line, operated by Union Pacific.
None of the affected municipal future land use plans designate residential land uses on the
north, east and west of this subdivision. The North Front Range Metropolitan Planning
Organization (NFRMPO) 2010 Land Use Allocation Model (LUAM) [PC Exhibit 80], which
forecasts the location and timing of development and the resulting employment and
household growth at the zonal level, shows the area to the east and west of Indianhead
subdivision to be commercial, the land to the north to be Industrial, and the subject site to be
agricultural.
COZ20-0004
Page 6 of 12
It is likely that the Indianhead Subdivision may be eventually surrounded by non-residential
uses, so rather than prohibiting commercial or industrial development in this area, the
Planning Department and the applicant have sought to mitigate the effects of development
on this neighborhood and the other surrounding properties, as evidenced through the many
mitigation tools in use on the site including earthen berms, landscaping, building designed to
look agricultural, and technological advancements in the operation itself.
The main operations of the site are buffered from the Indianhead subdivision using a
landscaped berm. An attempt was made on May 21, 2020 by staff to capture video with noise
from the subject property taken from the subdivision, however, the noise from vehicle traffic
on the highway was much more pronounced. Noise from the site was more noticeable from
County Road 15, where there is a smaller berm and the topography lends itself more readily
to sound travel.
A smaller berm separates the property activity from the neighbors to the south and southeast.
A response received from a resident of the closest home to the site, 6433 County Road 56,
mentioned that the horns and noise from trains traveling through the area on the Union Pacific
and Great Western tracks to the south and transloading operations west of County Road 13
were much louder than the slow moving train and batching activity on the subject property.
Dust suppression technology and a sophisticated drainage design also help to mitigate
impacts at this site. The Department of Public Health and Environment received fourteen (14)
complaints from seven sources (7) regarding the facility [PC Exhibit 76]. All but two (2) of the
complaints were received during the initial construction of the facility. Only one (1) of the
complaints, dated February 7, 2019, resulted in a violation due to a malfunctioning pressure
switch. The plant ceased operations until the problem was resolved.
As a result of the Summary of Complaints being posted on the Accela Citizen Access portal
in case documents on Friday, May 29, 2020, nine (9) new complaints were received between
May 30, 2020 and June 2, 2020 addressed to the Zoning Compliance Division. Issues
addressed include noise, dust, landscaping and haul route concerns arising from the current
Rock & Rail transloading operation at the site. Complaints were forwarded to the Department
of Public Health and Environment for dust related concerns and to the Surface Transportation
Board for all other concerns.
Referrals without concerns were received from the following agencies: The Colorado
Geologic Survey, Little Thompson Water District, Front Range Fire Rescue, Weld County
Sheriff's Office and Colorado Parks and Wildlife.
Any future industrial uses will have to be approved through a Site Plan Review or Use by
Special Review process. Site Plan Review and Use by Special Review applications are sent
to referral agencies for comments. The Conditions of Approval and Development Standards
applied to both this Change of Zone and any future Site Plan Reviews will adequately address
and mitigate potential impacts. Due to the proximity of multiple rail lines and major
transportation networks, the presence of other industrial operations in the vicinity, and the
mitigation methods already incorporated into the site, a Change of Zone to 1-3 (Heavy
Industrial) is compatible with the surrounding land uses.
C. Section 23-2-30.A.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 domestic water from Little Thompson Water District via three
(3) tap accounts: #3902, #825001, and #832801. The site uses septic systems for sewage
disposal with the following permits: #SE -0000094, #SP -0701064, #SP -1000036, and #SP -
1600224. No concerns regarding water or sewer service were expressed by the Department
of Public Health and Environment, in their May 11, 2020 referral response or by Little
Thompson Water District, in their April 30, 2020 referral response.
COZ20-0004
Page 7 of 12
D. Section 23-2-30.A.4. - Street or highway facilities providing access to the property are
adequate in size to meet the requirements of the proposed zone districts.
Section 23-3-330 of the Weld County Code states, "... Properties zoned 1-3 should be located
near transportation infrastructure such as highways, railroads, or airports." The property
accesses onto County Road 13 (Colorado Boulevard), classified as an arterial road on the
Weld County Functional Classification Map. Traffic utilizing the site then travels north to U.S.
Highway 34. All required improvements were made to both County Road 13 and the
intersection of U.S. Highway 34 and County Road 13 and all affected rail crossings by the
applicant pursuant to an approved and recorded Improvements Agreement, 2016-3738,
Reception Number 4335536, with the County. The Improvements Agreement may be
reviewed annually and updated as appropriate.
E. Section 23-2-30.A.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 23-2-30.A.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.
The site is not located within any overlay district officially adopted by the County,
including airport, geologic, historic, MS4, or floodplain.
2) Section 23-2-30.A.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.
The Geology Report, dated December 4, 2019, submitted with the application indicates
that the site is not located within an area recognized as having economically recoverable
sand and gravel or other metallic resources. No other potential geologic hazards were
identified.
3) Section 23-2-30.A.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 Natural Resources Conservation Services (NRCS) Soil Survey, dated November20,
2019, submitted with the application indicates that most of the property consists of soils
listed as "somewhat limited" due to "shrink -swell." The Geology Report, dated December
4, 2019, submitted with the application indicates that near surface soils could be used to
support lightly to moderately loaded structures and that deep foundation systems could
be employed for heavy foundation loads.
This recommendation is based, in part, upon a review of the application materials submitted by the
applicant, other relevant information regarding the request, and responses from referral entities.
COZ20-0004
Page 8 of 12
The Change of Zone from the A (Agricultural) Zone District to the 1-3 (Heavy Industrial) Zone
District is conditional upon the following:
1. Prior to recording the plat:
A. The plat shall be amended to delineate the following:
1. All pages of the plat shall be labeled COZ20-0004. (Department of Planning Services)
2. The plat shall adhere to Section 23-2-50. D. of the Weld County Code. (Department of
Planning Services)
3. All recorded easements and rights -of -way shall be shown and dimensioned on the
Change of Zone plat. (Department of Planning Services)
4. County Road 13 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 on the plat the
future and existing right-of-way (along with the documents creating the existing right-of-
way) and the physical location of the road. 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 Sec. 23-1-90, the required setback is measured from the future
right-of-way line. This road is maintained by Weld County. (Department of Public Works)
5. County Road 56 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 on the plat the future
and existing right-of-way (along with the documents creating the existing right-of-way)
and the physical location of the road. 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 Sec. 23-1-90, the required setback is measured from the future right-of-way line.
This road is maintained by Weld County. (Department of Public Works)
6. Show and label the existing access points 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. (Department of Public Works)
2. The following notes shall be delineated on the Change of Zone plat:
1) The Change of Zone, COZ20-0004, allows for 1-3 (Heavy Industrial) uses which shall comply
with the 1-3 (Heavy Industrial) Zone District requirements as set forth in Chapter 23, Article
III Division 4 of the Weld County Code, as amended. (Department of Planning Services)
2) The operation shall comply with all applicable rules and regulations of State and Federal
agencies and the Weld County Code. (Department of Planning Services)
3) Any future structures or uses on site must obtain the appropriate zoning and building permits.
(Department of Planning Services)
4) Industrial development may require buffering and screening from residential properties
through the permitting process. (Department of Planning Services)
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
COZ20-0004
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various codes adopted at the time of permit application. Currently the following has been
adopted by Weld County: 2018 International Building Codes; 2018 International Residential
Code; 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. (Department of Building Inspection)
6) Building Permits issued on the proposed lots will be required to adhere to the fee structure
of the County -Wide Road Fee Impact Program and the County Facility Fee and Drainage
Impact Fee Programs. (Department of Planning Services)
7) The property owner or operator shall be responsible for controlling noxious weeds on the
site, pursuant to Chapter 15, Article I and II, of the Weld County Code. (Department of Public
Works)
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. (Department of Public
Works)
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. (Department of
Public Works)
10) Access on the site shall be maintained to mitigate any impacts to the public road including
damages and/or offsite tracking. (Department of Public Works)
11) The Improvements and Road Maintenance Agreement (2016-3738), adopted December 28,
2016, for this site shall be reviewed for any needed updates and/or revisions. Hereafter, the
Agreement may be reviewed on an annual basis, including a site visit and possible updates.
(Department of Public Works)
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. (Department of
Public Works)
13) The historical flow patterns and runoff amounts will be maintained on the site. (Department
of Public Works) (Department of Public Works)
14) Water service may be obtained from Little Thompson Water District. (Department of Public
Health and Environment)
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. (Department of Public Health and Environment)
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. (Department of Public Health and
Environment)
COZ20-0004
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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.
(Department of Public Health and Environment)
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. (Department of Planning Services)
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.
20) Mineral resource locations are widespread throughout the County and person moving into
these areas must recognize the various impacts associated with this development. Often
times, 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) WELD COUNTY RIGHT TO FARM STATEM ENT: Weld County is one of the most productive
agricultural counties in the United States, typically ranking in the top ten counties in the
country in total market value of agricultural products sold. The rural areas of Weld County
may be open and spacious, but they are intensively used for agriculture. Persons moving
into a rural area must recognize and accept there are drawbacks, including conflicts with
long-standing agricultural practices and a lower level of services than in town. Along with the
drawbacks come the incentives which attract urban dwellers to relocate to rural areas: open
views, spaciousness, wildlife, lack of city noise and congestion, and the rural atmosphere
and way of life. Without neighboring farms, those features which attract urban dwellers to
rural Weld County would quickly be gone forever.
Agricultural users of the land should not be expected to change their long-established
agricultural practices to accommodate the intrusions of urban users into a rural area. Well -
run agricultural activities will generate off -site impacts, including noise from tractors and
equipment; slow -moving farm vehicles on rural roads; dust from animal pens, field work,
harvest and gravel roads; odor from animal confinement, silage and manure; smoke from
ditch burning; flies and mosquitoes; hunting and trapping activities; shooting sports, legal
hazing of nuisance wildlife; and the use of pesticides and fertilizers in the fields, including the
use of aerial spraying. It is common practice for agricultural producers to utilize an
accumulation of agricultural machinery and supplies to assist in their agricultural operations.
A concentration of miscellaneous agricultural materials often produces a visual disparity
between rural and urban areas of the County. Section 35-3.5-102, C.R.S., provides that an
agricultural operation shall not be found to be a public or private nuisance if the agricultural
operation alleged to be a nuisance employs methods or practices that are commonly or
reasonably associated with agricultural production.
Water has been, and continues to be, the lifeline for the agricultural community. It is
unrealistic to assume that ditches and reservoirs may simply be moved "out of the way" of
residential development. When moving to the County, property owners and residents must
realize they cannot take water from irrigation ditches, lakes, or other structures, unless they
have an adjudicated right to the water.
COZ20-0004
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Weld County covers a land area of approximately four thousand (4,000) square miles in size
(twice the size of the State of Delaware) with more than three thousand seven hundred
(3,700) miles of state and County roads outside of municipalities. The sheer magnitude of
the area to be served stretches available resources. Law enforcement is based on responses
to complaints more than on patrols of the County, and the distances which must be traveled
may delay all emergency responses, including law enforcement, ambulance, and fire. Fire
protection is usually provided by volunteers who must leave their jobs and families to respond
to emergencies. County gravel roads, no matter how often they are bladed, will not provide
the same kind of surface expected from a paved road. Snow removal priorities mean that
roads from subdivisions to arterials may not be cleared for several days after a major
snowstorm. Services in rural areas, in many cases, will not be equivalent to municipal
services. Rural dwellers must, by necessity, be more self-sufficient than urban dwellers.
People are exposed to different hazards in the County than in an urban or suburban setting.
Farm equipment and oil field equipment, ponds and irrigation ditches, electrical power for
pumps and center pivot operations, high speed traffic, sand burs, puncture vines, territorial
farm dogs and livestock, and open burning present real threats. Controlling children's
activities is important, not only for their safety, but also for the protection of the farmer's
livelihood.
3. Upon completion of Conditions of Approval 1. and 2. 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.
4. Upon approval of the plat, Condition of Approval 3. 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 Department of Planning Services Staff. The Mylar plat and additional
requirements shall be submitted within one -hundred -twenty (120) days from the date of the Board
of County Commissioners resolution. The applicant shall be responsible for paying the recording
fee.
A. 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.
B. If a plat has not been recorded within one hundred twenty (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.
C. In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005, should the
plat not be recorded within the required one -hundred -twenty (120) days from the date of the
Board of County Commissioners Resolution, a $50.00 recording continuance charge shall
be added for each additional 3 -month period.
COZ20-0004
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DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.weldgov.com
E-MAIL: asnyder@weldgov.com
PHONE: (970) 400-3525
FAX: (970) 304-6498
April 16, 2020
TOOMEY SHANNON
3050 67TH AVENUE #200
GREELEY, CO 80634
Subject: COZ20-0004 - Change of Zone from the A (Agricultural) Zone District to the 1-3 (Heavy
Industrial) Zone District
On parcel(s) of land described as:
LOT B REC EXEMPT RE -2803, PART SW4 & PART SE4 SECTION 18, T5N, R67W OF THE 6TH P.M.,
WELD COUNTY, COLORADO.
PART SW4 SECTION 18, T5N, R67W OF THE 6TH P.M., WELD COUNTY, COLORADO.
Dear Applicants:
Your application and related materials for the request described above are complete and in order at this
time. I will schedule a meeting with you at the end of the review period to discuss the referral
comments received by our office.
It is the policy of Weld County to refer an application of this nature to any town or municipality lying
within three miles of the property in question or if the property under consideration is located within the
comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of
the submitted materials to the following Planning Departments for their review and comments:
Greeley at Phone Number 970-350-9780
Johnstown at Phone Number 970-587-4664
Windsor at Phone Number 970-674-2400
Milliken at Phone Number 970-587-4331
It is recommended that you contact the listed Planning Departments for information regarding their
process and to answer any questions that might arise with respect to your application.
If you have any questions concerning this matter, please call.
Respectfully,
fit
Angela Snyder
Planner
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