HomeMy WebLinkAbout20203089.tiffRESOLUTION
RE: GRANT CHANGE OF ZONE, COZ20-0006, FROM THE C-3 (BUSINESS
COMMERCIAL) ZONE DISTRICT AND THE A (AGRICULTURAL) ZONE DISTRICT TO
THE C-3 (BUSINESS COMMERCIAL) ZONE DISTRICT - BRIGGSDALE GAS AND
GO, INC., AND LASALLE RENTAL PROPERTY ONE, LLC
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 21st day of October, 2020, at 10:00 a.m., in
the Chambers of the Board for the purpose of hearing the application of Briggsdale Gas and
Go, Inc., and LaSalle Rental Property One, LLC, 44364 CR 77, Briggsdale, Colorado 80611,
requesting a Change of Zone, COZ20-0006, from the C-3 (Business Commercial) Zone District
and the A (Agricultural) Zone District to the C-3 (Business Commercial) Zone District for a parcel
of land located on the following described real estate, to -wit:
Lot A of Recorded Exemption, RE -4730; and Lot A
of First Amended Recorded Exemption,
1AMRECX20-05-1521; all being part of the SW1/4
of Section 21, Township 8 North, Range 62 West of
the 6th P.M., Weld County, Colorado
WHEREAS, the applicant was present and represented by Sheri Lockman, Lockman Land
Consulting, LLC, 36509 CR 41, Eaton, Colorado 80615, and
WHEREAS, Section 23-2-40 of the Weld County Code provides standards for review of
such a Change of Zone, and
WHEREAS, the Board of County Commissioners heard all the testimony and statements
of those present, studied the request of the applicant and the recommendation of the Weld County
Planning Commission and, having been fully informed, finds that this request shall be approved
for the following reasons:
1. The applicant has complied with all the application requirements listed in
Section 23-2-50 of the Weld County Code.
2. The request is in conformance with Section 23-2-40.B of the Weld County Code
as follows:
A. Section 23-2-40.B.1 — The proposal is consistent with Chapter 22 of the
Weld County Code.
1) Section 22-2-20.H (A.Goal 8) states: "Ensure that adequate
services and facilities are currently available or reasonably
obtainable to accommodate the requested new land use change for
more intensive development." The property is adjacent to State
Highway 14 and County Road 77, an arterial status road, and near
the Townsite of Briggsdale. The property obtained a Change of
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CHANGE OF ZONE (COZ20-0006) - BRIGGSDALE GAS AND GO, INC., AND LASALLE
RENTAL PROPERTY ONE, LLC
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Zone to C-3 (Business Commercial) in 1995. Historic use included
a farm supply business permitted under USR-656, with current uses
including the Briggsdale Gas and Go convenience store, fuel station
and oil and propane sales. Water service is obtained from the
Briggsdale Water Company.
B. Section 23-2-40.B.2 — The Uses which will be allowed on the subject
property by granting the Change of Zone will be compatible with the
surrounding land uses. The Department of Planning Services sent out
four (4) notices to surrounding property owners and have received no
letters in opposition to the Change of Zone request. The property is not
within the Airport Overlay District. The proposed Change of Zone does not
obstruct the airspace, nor is otherwise hazardous to, the flight of aircraft in
landing or taking off at the airport. There are six (6) residences within
0.5 miles of the immediate area, one (1) immediately to the north, and five
(5) located to the west, east of County Road 77. The Briggsdale Townsite
is approximately 0.5 miles to the south of State Highway 14.
C. Section 23-2-40.6.3 — Adequate water and sewer service can be made
available to the site to serve the uses permitted within the proposed zone
district. The Briggsdale Water Company will be the water provider for the
property. An On -site Wastewater Treatment System (OWTS) will provide
sewer services for development of the property.
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 Colorado Department of Transportation (CDOT) has
jurisdiction over all accesses to State Highways. This agency returned a
referral response dated September 12, 2020, indicating that an upgrade to
the current Access Permit was not warranted for this application.
E. Section 23-2-40.6.5 — In those instances where the following
characteristics are applicable to the rezoning request, the applicant has
demonstrated compliance with the applicable standards:
1) Section 23-2-40.B.5.a — According to the "Geologic Hazard Area
Map of Potential Ground Subsidence Areas in Weld County,
Colorado" dated May 10, 1978, the site is not in a geologic hazard
area. According to the Federal Emergency Management Agency
Flood Insurance Rate Map (FIRM), the property is unmapped, and
the Change of Zone area does not lie within a Flood Zone area.
2) Section 23-2-40.B.5.b — 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 unevaluated. Given the size of the parcel and the current
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CHANGE OF ZONE (COZ20-0006) - BRIGGSDALE GAS AND GO, INC., AND LASALLE
RENTAL PROPERTY ONE, LLC
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infrastructure on the property, the economic viability of a mineral
extraction appears to be non -viable.
3) Section 23-2-40.B.5.c — Research conducted by the applicant
based on Natural Resources Conservation Service soil reports
indicate that the fine, sandy, loam soils have limitations for septic
tank absorption fields due to slow water movement. There are no
limitations for small commercial buildings and residential
construction. All permanent structures planned on the site, in the
future, will submit an engineered design for the structure to ensure
that its foundation is appropriate for the soils found where it is
constructed.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Briggsdale Gas and Go, Inc., and LaSalle Rental
Property One, LLC, for a Change of Zone, COZ20-0006, from the C-3 (Business Commercial)
Zone District and the A (Agricultural) Zone District to the C-3 (Business Commercial) Zone District
on the above referenced parcel of land be, and hereby is, granted subject to the following
conditions:
1. Prior to recording the plat:
A. All commercial vehicles located on the property must be operational with
current license plates or be removed from the property. All other items
considered to be part of a noncommercial junkyard must also be removed
from the property, including all Pre -HUD mobile homes and debris.
B. The applicant and property owner shall submit for recording plat no.
1 AMRECX20-05-1521.
C. The applicant and property owner shall submit for recording plat no.
1 AMRECX20-08-4730.
D. The plat shall be amended to delineate the following:
1) All pages of the plat shall be labeled COZ20-0006.
2) The plat shall adhere to Section 23-2-50.C and D of the Weld
County Code.
3) All recorded easements and rights -of -way shall be shown and
dimensioned on the Change of Zone plat.
4) The applicant shall show the Colorado Department of
Transportation (CDOT) right-of-way on the plat along with the
documents creating the right-of-way.
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5) The applicant shall show the approved Colorado Department of
Transportation (CDOT) access point(s) on the plat and label with
the approved Access Permit number, if applicable.
E. The following notes shall be delineated on the Change of Zone plat:
1) Change of Zone, COZ20-0006, allows for C-3 (Business
Commercial) Zone District uses which shall comply with the
requirements as set forth in Chapter 23, Article III, Division 3 of the
Weld County Code.
2) The operation shall comply with all applicable rules and regulations
of the state and federal agencies and the Weld County Code.
3) Any future structures or uses onsite must obtain approval through
a Site Plan Review.
4) Water service may be obtained from the Briggsdale Water
Company.
5) The parcel is currently not served by a municipal sanitary sewer
system. Sewage disposal may be by septic systems designed in
accordance with the regulations of the Colorado Department of
Public Health and Environment, Water Quality Control Division, and
the Weld County Code in effect at the time of construction, repair,
replacement, or modification of the system.
6) Activity or use on the surface of the ground over any part of the 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.
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.
8) If land development exceeds six (6) months in duration, the
responsible party shall prepare a Fugitive Dust Control Plan, submit
an Air Pollution Emissions Notice application, and apply for a permit
from the Colorado Department of Public Health and Environment.
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9) The property owner or operator shall be responsible for controlling
noxious weeds on the site, pursuant to Chapter 15, Articles I and II,
of the Weld County Code.
10) Access on the site shall be maintained to mitigate any impacts to
the public road, including damages and/or off -site tracking.
11) The historical flow patterns and runoff amounts will be maintained
on the site.
12) 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.
13) Building Permits issued on the proposed lots will be required to
adhere to the fee structure of the County -Wide Road Fee Impact,
County Facility Fee, and Drainage Impact Fee Programs.
14) 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.
15) RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT:
Weld County has some of the most abundant mineral resources,
including, but not limited to, sand and gravel, oil, natural gas, and
coal. Under Title 34 of the Colorado Revised Statutes, minerals are
vital resources because (a) the state's commercial mineral deposits
are essential to the state's economy; (b) the populous counties of
the state face a critical shortage of such deposits; and (c) such
deposits should be extracted according to a rational plan, calculated
to avoid waste of such deposits and cause the least practicable
disruption of the ecology and quality of life of the citizens of the
populous counties of the state. Mineral resource locations are
widespread throughout the County and persons moving into these
areas must recognize the various impacts associated with this
development. Oftentimes, mineral resource sites are fixed to their
geographical and geophysical locations. Moreover, these
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resources are protected property rights and mineral owners should
be afforded the opportunity to extract the mineral resource.
16) 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 Condition 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. The plat shall be prepared in
accordance with the requirements of Section 23-2-50.C and D of the Weld County
Code. The Mylar plat and additional requirements shall be submitted within 120
days from the date of the Board of County Commissioners Resolution. The
applicant shall be responsible for paying the recording fee.
4. In accordance with Weld County Code Ordinance #2012-3, approved April 30,
2012, should the Change of Zone plat not be recorded within the required 120 days
from the date of the Board of County Commissioners Resolution, a $50.00
recording continuance charge shall be added for each additional three (3) month
period.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 21st day of October, A.D., 2020.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: d..attio jel494;edi
Weld County Clerk to the Board
BY:
AP -.'VED
a.
puty Clerk to the Boar• ,. 't�+ L
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ORM1,51:
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Coun i Attorney
Date of signature: ( t < (30-6
Mike Freeman, Chair
Stev / oreno, Pro-Tem
c: K. James
rbara Kirkmeyer
y Kevin D. Ross
2020-3089
PL2767
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