HomeMy WebLinkAbout20201419.tiff EXHIBIT
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BEFORE THE WELD COUNTY , COLORADO , PLANNING COMMISSION -06133
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Gene Stille , that the following resolution be introduced for passage by the Weld County Planning
Commission . Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER : COZ20-0003
APPLICANT : DOUG DERR AND DARWIN DERR
PLANNER : KIM OGLE
REQUEST: CHANGE OF ZONE FROM THE A (AGRICULTURAL ) ZONE DISTRICT TO THE I-
2 ( MEDIUM INDUSTRIAL ) ZONE DISTRICT.
LEGAL DESCRIPTION LOT A REC EXEMPT RECX16-0165 ; PART NE4 SECTION 4 . T5N . R65W of the
6th P . M . . WELD COUNTY , COLORADO .
LOCATION : EAST OF AND ADJACENT TO NORTH BALSAM AVENUE . APPROXIMATELY
1 100 FEET SOUTH OF EAST " C" STREET ( CR 62 ) .
be recommended favorably to the Board of County Commissioners 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 .
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 - 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 2060 Comprehensive Plan Land Use Guidance Map adopted March 4 . 2009
identifies lands east of Highway 85 and north of the Cache La Poudre River as being a part of the
- Northeast Industrial Area " and are available for future 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
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 their 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 and 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 their referral dated March 19 , 2020 and the
City of Garden City responded with no concerns in their referral dated March 17 , 2020 . and the Town
of Kersey did not respond .
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 Department of Planning Services sent out four (4 ) notices to surrounding property owners and
RESOLUTION COZ20-0003
DOUG DERR AND DARWIN DERR
PAGE 2
have 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,or 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,one immediately to the north of the property that
is within the proposed Global Asset Recovery 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 23-2-30.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 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 are proposed for development of the property.
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.
Weld County 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 1/2 (Balsam Avenue). No new access permit is requested.
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. - 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 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 23-2-30.A.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 RECX 16-0165 which
is 8.438 acres in the SW 1/4 of the NE 1/4 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
RESOLUTION COZ20-0003
DOUG DERR AND DARWIN DERR
PAGE 3
sand and gravel deposit; however the parcel is currently occupied by oil and gas facilities on the
western 1/3rd of the property and an oil/gas pipeline easement that runs from east to west
approximately 75' 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 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 23-2-30.A.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.
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.
The Change of Zone from the A (Agricultural) Zone District to 1-2 (Medium Industrial) Zone District is
conditional upon the following:
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. (Department of Planning Services)
2. The plat shall adhere to Section 23-2-50.C and D. of the Weld County Code. (Department of
Planning Services)
3. All recorded easements shall be shall be shown and dimensioned on the Change of Zone plat.
(Department of Planning Services)
4. All approved accesses shall be delineated on the plat. (Department of Public Works)
5. County Road 41 1/2 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. 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. (Department of Public Works)
6. 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. (Department of Public Works)
RESOLUTION COZ20-0003
DOUG DERR AND DARWIN DERR
PAGE 4
7. Show and label a 30-ft. minimum access and utility easement to provide legal access to the
parcel on the plat. (Department of Public Works)
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.
(Department of Planning Services)
2. The operation shall comply with all applicable rules and regulations of the State and Federal
agencies and the Weld County Code. (Department of Planning Services)
3. Any future structures or uses on site must obtain approval through a Site Plan Review.
(Department of Planning Services)
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. (City of Greeley)
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. (Department
of Public Health and Environment)
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. (Department of Public Health and Environment)
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.
(Department of Public Health and Environment)
8. If land development exceeds 6 months in duration,the responsible party shall prepare a fugitive
dust control plan,submit an air pollution emissions notice application,and apply fora permit from
the Colorado Department of Public Health and Environment. (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,Article I and II,of the Weld County Code. (Department of Public Works)
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. (Department of Public Works)
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. (Department of Public Works)
12. 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)
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.
(Department of Public Works)
RESOLUTION COZ20-0003
DOUG DERR AND DARWIN DERR
PAGE 5
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. (Department of Public
Works)
15. The historical flow patterns and runoff amounts will be maintained on the site. (Department of
Public Works)
16. Building permits may be required, per Section 29-3-10 of the Weld County Code. Currently,the
following have 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. (Department of Planning Services)
17. 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)
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.
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.
20. RIGHT TO FARM STATEMENT: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
RESOLUTION COZ20-0003
DOUG DERR AND DARWIN DERR
PAGE 6
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.
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. 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 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
Change of Zone 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.
RESOLUTION COZ20-0003
DOUG DERR AND DARWIN DERR
PAGE 7
Motion seconded by Elijah Hatch.
VOTE:
For Passage Against Passage Absent
Bruce Johnson
Michael Wailes
Tom Cope
Gene Stille
Lonnie Ford
Richard Beck
Elijah Hatch
Skip Holland
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioner's for further proceedings.
CERTIFICATION OF COPY
I, Michelle Wall, Recording Secretary for the Weld County Planning Commission, do hereby certify that the
above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County,
Colorado, adopted on May 5, 2020.
Dated the 51h of May, 2020
'tneael,illef
Michelle Wall
Secretary
EXHIBIT
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SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING) 2010 Tuesday . May 5 . 2020
A regular meeting of the Weld County Planning Commission was held in the Weld County Administration
Building , Hearing Room , 1150 O Street , Greeley , Colorado . This meeting was called to order by Chair,
Michael Wailes . at 12 : 44 pm .
Roll Call .
Present : Michael Wailes , Bruce Johnson , Gene Stille , Tom Cope , Lonnie Ford , Richard Beck . Elijah Hatch .
Skip Holland .
Also Present : Kim Ogle , Diana Aungst. and Maxwell Nader, Department of Planning Services ; Lauren
Light . Department of Health ; Mike McRoberts and Melissa King , Public Works : Bob Choate . County
Attorney , and Michelle Wall . Secretary .
CASE NUMBER : COZ20-0003
APPLICANT : DOUG DERR AND DARWIN DERR
PLANNER : KIM OGLE
REQUEST CHANGE OF ZONE FROM THE A (AGRICULTURAL ) ZONE DISTRICT TO THE
1-2 ( MEDIUM INDUSTRIAL ) ZONE DISTRICT .
LEGAL DESCRIPTION : LOT A REC EXEMPT RECX16-0165 . PART NE4 SECTION 4 . T5N . R65W of the
6th P . M . WELD COUNTY, COLORADO .
LOCATION : EAST OF AND ADJACENT TO NORTH BALSAM AVENUE : APPROXIMATELY
1100 FEET SOUTH OF EAST "C" STREET (CR 62 ) .
Kim Ogle , Planning Services , presented Case COZ20-0003 , reading the recommendation and comments
into the record . The Department of Planning Services recommends approval of this application with the
attached conditions of approval and development standards .
Melissa King , Public Works , reported on the existing traffic , access to the site and drainage conditions for
the site .
Lauren Light , Environmental Health , reviewed the public water and sanitary sewer requirements , on -site
dust control , and the Waste Handling Plan .
Commissioner Cope stated that he has worked with the Derr' s in the past , but not with this particular project .
He did not feel he had to recuse himself from the case .
Commissioner Hatch said that he has also worked with the Derr' s but did not feel he had to recuse himself
from the case .
The Chair asked if anyone had an issue with Commissioner Cope or Commissioner Hatch continuing with
the case . No one objected .
Bob Choate , County Attorney , addressed the Chair that the issue with the live streaming was resolved and
the public can now view and participate in public comments . Mr. Choate advised the Chair to allow extra
time for public comment so there is enough time for them to send an email .
J . C . York , J & T Consulting , 305 Denver Avenue , Suite D . Fort Lupton . Colorado , representing Doug and
Darwin Derr. Mr. York said the property is about 8 . 463 acres . He stated that the proposal is consistent
with the County ' s Comprehensive Plan and other industrial and commercial zoning sites are in the area .
The Chair asked if there was anyone in the audience who wished to speak for or against this application .
No one wished to speak .
The Chair explained that the public audience who are watching the live stream may email comments or
questions to pctechs weldgov. com . Commissioner Wailes called a recess at 1 : 45 p . m . to allow five
minutes for emails to arrive .
The meeting reconvened at 1:54 p.m. No emails were received from the public who were viewing the live
stream.
The Chair asked the applicant if they have read through the Development Standards and Conditions of
Approval and if they are in agreement with those. The applicant replied that they are in agreement.
Motion: Forward Case COZ20-0003 to the Board of County Commissioners along with the Conditions of
Approval and Development Standards with the Planning Commission's recommendation of approval,
Moved by Gene Stille, Seconded by Elijah Hatch.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 8).
Yes: Bruce Johnson, Elijah Hatch, Gene Stille, Lonnie Ford, Michael Wailes, Richard Beck, Skip Holland,
Tom Cope.
Meeting adjourned at 3:29 pm.
Respectfully submitted,
WtM—
Michelle Wall
Secretary
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