HomeMy WebLinkAbout20200355.tiffRESOLUTION
RE: GRANT CHANGE OF ZONE, COZ19-0004, FROM THE A (AGRICULTURAL) ZONE
DISTRICT TO THE 1-3 (HEAVY INDUSTRIAL) ZONE DISTRICT - RICHARD SACK
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 5th day of February, 2020, at 10:00 a.m., in
the Chambers of the Board for the purpose of hearing the application of Richard Sack, 14558 N.
Meadow Woods St., Brighton, Colorado 80603, requesting a Change of Zone, COZ19-0004, 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 SW1/4 NE1/4 of Section 31, Township 1
North, Range 66 West of the 6th P.M., Weld County,
Colorado
WHEREAS, the applicant was present, 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 23-2-40.6 of the Weld County Code
as follows:
A. Section 23-2-40.6.1 — That the proposal is consistent with Chapter 22 of
the Weld County Code.
1) Section 22-2-70.A states: "The intent of the industrial Goals is to
establish industrial areas where a balanced, diversified economy
can be encouraged in an effort to maintain and enhance the quality
of life of Weld County citizens." The U.S. Highway 85 corridor just
north of the southern border of Weld County has been developed
into an industrial area. Though a residential subdivision is adjacent
to the property to the west, several Industrially -zoned properties
and businesses surround this site.
2) Section 22-2-80.B (I.Goal 2) states: "Encourage appropriate
industrial development to annex into a municipality if the new or
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CHANGE OF ZONE (COZ19-0004) - RICHARD SACK
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expanding industrial development is adjacent to the municipality's
corporate limits." The property is adjacent to the City of Brighton.
The City of Brighton did not return a referral response. Weld County
does not have an Intergovernmental Agreement with the City of
Brighton.
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. Rocha Way, a fence and tall deciduous trees
separate the property from a residential subdivision to the west, and most
of the land in the vicinity of the property has industrial uses. Notice was
sent to 26 surrounding property owners and no responses were received.
The Change of Zone is compatible with existing surrounding land uses. Any
future industrial uses will have to submit and receive approval of a Site Plan
Review. Design Standards will need to be adhered to.
C. Section 23-2-40.B.3 — Adequate water and sewer service can be made
available to the site to serve the uses permitted within the proposed Zone
District. The site is currently served by a well permitted for domestic use
and a septic system permitted for two (2) residences (SE -1100029). The
Department of Public Health and Environment, in the referral dated
November 27, 2019, indicated the septic system will be required to be
re -permitted for Commercial Use at the time a Site Plan Review is
submitted for review. The Division of Water Resources, in the referral dated
November 12, 2019, indicated the well will need to be re -permitted for
industrial purposes.
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 District. The property accesses onto County Road 2.5, which is
maintained by the City of Brighton. The City did not return a referral
response. The applicant will need to contact Brighton to verify the future
and existing right-of-way.
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 — 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 located in a
Municipal Separate Storm Sewer System (MS4) Area and water
quality and drainage improvements may be required when the site
is developed through the Site Plan Review process.
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CHANGE OF ZONE (COZ19-0004) - RICHARD SACK
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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 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 Mineral and Aggregate
Evaluation, dated August 14, 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. Mineral Interest, Occidental Petroleum Corporation, was
notified of the proposed Change of Zone on January 9, 2020, and
granted a waiver from the 30 -day notification period according to
the information submitted by the applicant.
3) Section 23-2-40.B.5.c — If soil conditions on the site are such that
they present moderate or severe limitations to the construction of
structures or facilities proposed for the site, that such limitations can
be overcome and that the limitations will be addressed by the
applicant and/or the applicant's successors or assigns prior to the
development of the property. The Mineral and Aggregate
Evaluation dated August 14, 2019, submitted with the application
did not indicate any concerns with site soils.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Richard Sack for a Change of Zone, COZ19-0004, 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 plat shall be amended to delineate the following:
1) All pages of the plat shall be labeled COZ19-0004.
2) The plat shall adhere to Sections 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) This portion of County Road 2.5 is under the jurisdiction of the City
of Brighton. The applicant shall contact the municipality to verify the
right-of-way. The applicant shall show and label the right-of-way.
The applicant shall show the approved access on the site plan and
label with the approved access permit number, if applicable.
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CHANGE OF ZONE (COZ19-0004) - RICHARD SACK
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2. The following notes shall be delineated on the Change of Zone plat:
A. The Change of Zone, COZ19-0004, 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.
B. The operation shall comply with all applicable rules and regulations of state
and federal agencies and the Weld County Code.
C. The existing residences shall be converted to non-residential uses, such
as an office.
D. Any future structures or uses onsite must be approved through a Site Plan
Review.
E. 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.
F. Building Permits issued on the proposed lots will be required to adhere to
the fee structure of the County -Wide Road Impact Fee, the County Facility
Fee, and the Drainage Impact Fee Programs.
G. County Road 2.5 is identified on the U.S. Highway 85 Access Control Plan
and is limited to right -in, right -out access.
H. 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.
The historical flow patterns and runoff amounts will be maintained on the
site.
J. This site is located in the MS4 area and is subject to the regulations of the
state -issued MS4 Permit.
K. If applicable, once any permanent control measure has passed final
inspection by the Department of Public Works, the site shall be routinely
inspected at a frequency determined by Public Works, usually on an annual
basis unless otherwise noted, for the life of the control measure.
Inspections occur to ensure the permanent control measure remains fully
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operational and is being adequately maintained according to the site's
Operation and Maintenance Plan. Upon sale of the property, the
responsibility of maintaining permanent control measures shall be
transferred to the new owner.
L. Water service may be obtained from an appropriately permitted well.
M. 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.
N. 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.
O. 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.
P. 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.
Q. 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.
R. 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.
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CHANGE OF ZONE (COZ19-0004) - RICHARD SACK
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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.
S. 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 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. 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. 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 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.
4. In accordance with Weld County Code Ordinance #2012-3, approved April 30,
2012, 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 three (3) month
period.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 5th day of February, A.D., 2020.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: dit,f,A) xi,j0;„k,
Weld County Clerk to the Board
BY:
frork4(3,,
Mike Freeman, Chair
Steve Moreno, Pro-Tem
Deputy Clerk to the Bo-`��T�j�� VACAN
APP' • V' D A
County-"torney
Date of signature: 02/12/20
2020-0355
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