HomeMy WebLinkAbout20193951.tiffEXHIBIT
BEFORE THE WELD COUNTY; COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIO
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:
APPLICANT:
PLANNER:
REQUEST:
LEGAL DESCRIPTION:
LOCATION:
COL -t
COZ19-0001
GLOBAL ASSET RECOVERY, LLC
KIM OGLE
CHANGE OF ZONE FROM THE R-1 (LOW DENSITY RESIDENTIAL) ZONE
DISTRICT AND THE A (AGRICULTURE) ZONE DISTRICT TO THE A
(AGRICULTURE) ZONE DISTRICT.
LOT A RECX16-0165 AND LOT B RE -1638: BOTH BEING PART NE4 SECTION 4,
T5N. R65W OF THE 6TH P.M., WELD COUNTY. COLORADO.
EAST OF AND ADJACENT TO N. BALSAM AVENUE (CR 41); SOUTH OF AND
ADJACENT TO EAST "C" STREET (CR 62); WEST OF AND ADJACENT TO
NORTH CHERRY AVENUE (CR 43).
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. 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 within the North Weld County Water District boundary and served under Account
Number 1992006. 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 of the system.
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 Town of Kersey updated their Comprehensive Plan in 2016 and developed a three -tiered
planning process to identify possible development opportunities. with the first tier being the Primary
Urban Growth Boundary; the second tier is identified as the Secondary Urban Growth Boundary the
third tier as the Kersey Influence Area. The lands associated with the change of zone request, while
within the Coordinated Planning Agreement area with Weld County are outside of the primary,
secondary and influence area boundaries.
The proposed Change of Zone to address the spilt zoning on the property is compatible with the
current Comprehensive and Future Development Plans for both municipalities.
Section 22-5-80.A CM.Goal 1. states "Conserve lands which contain commercial mineral deposits
("aggregate") for potential future use in accordance with state law (Section 34-1-305, C.R.S.)".
RESOLUTION COZ19-0001
GLOBAL ASSET RECOVERY, LLC
PAGE 2
Weld County had adopted a Right to Extract Minerals Statement which is based on the State of
Colorado Legislative declaration for the preservation of commercial mineral deposits. "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". The proposed Change of Zone from R-1 to A will allow the continued exploration of
commercial mineral deposits and supports a landowner's right to extract minerals from their property.
Additionally, the quality of life of County citizens will be preserved as the subject Change of Zone and
associated mine expansion will be located in areas that are already heavily mined rather than being
located in areas that are currently free from mining.
Section 22-5-80.A.1 "CM.Policy 1.1. states "Maintain a map depicting known commercial mineral
deposits ("aggregate"). The official Commercial Mineral Deposits Map will be a component of this
commercial mineral deposit master plan and be compiled based on the Goals and Policies
discussed in this Section. The current copy of the Commercial Mineral Deposit Map is maintained
on file at the Department of Planning Services".
The Weld County Sand, Gravel Resources map dated July 1, 1975, 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. As a result, this is an area
that is suitable for mining based on the existing material composition of the site and the Sand and
Gravel Resources map.
Section 22-5-80.A.3 CM.Policy 1.3. states "The County should not, by zoning, rezoning, granting a
variance or other official action or inaction, 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. Strongly discourage other intensive land uses in areas identified on
the Commercial Mineral Deposits Map as containing commercial mineral deposits, until such time
as those deposits have been extracted".
The proposed change of zone will support the extraction of the mineral deposit and does not
reduce the ability for viable mineral extraction to occur on -site. The applicant prior to development
of any permanent structures on this property, currently zoned R-1 (Low Density Residential) and A
(Agricultural), is seeking a change of zone, which will allow for the extraction of commercial mineral
deposits to be permitted by obtaining a State of Colorado Department of Reclamation Mining
Safety permit and a Weld County Special Review Permit conditionally approved by the Board of
County Commissioners.
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 fifteen (15) notices to surrounding property owners and
have received three letters in opposition to the change of zone request citing the change in zoning
may result in an approved mining permit for the expansion of the Broken Arrow Investments, LLC —
Dust and Dirt Mine located to the east and southeast of this property. Concerns raised included the
granting of a change of zone would allow mining of the property and thereby create a hazardous
condition in airborne particulates; adverse effects on current agricultural practices, including damage
to irrigation wells and the current mining operations have decimated the neighborhood. The
applicant's representative has contacted the property owner who held concerns of possible damage to
irrigation wells and provided information on the monitoring of subsurface waters as required by the
DRMS Permit with the State of Colorado.
Lands to the northwest north and east were re -zoned to R-1 Low Density Residential (Industrial)
RESOLUTION COZ19-0001
GLOBAL ASSET RECOVERY, LLC
PAGE 3
under Z-22 on June 27, 1962. Adjacent properties zoned Residential have a Special Use Permit
for an Oil and Gas Production Facility, USR-717 and lands zoned A (Agriculture) have a Special
Use Permit for Mineral Resource Development Facilities, aggregate mining, 2MUSR16-85-690.
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.
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.
Water may be provided by a commercial well (DWR Permit 82868-F) or the North Weld County Water
Account number 1992006. 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 determined that parcel 096104100010 has a permitted access (API6-
400450)on Balsam Avenue located approximately 1,440 feet south of County Road 62 (East C
Street). Parcel 096104000067 has two (2) existing accesses on County Road 62 and one (1) existing
access on County Road 43 (Cherry Avenue) which is located approximately 1,275 feet south of
County Road 62. No new accesses to the site are proposed.
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. - The parcel is located within the 100 -year Floodplain. A Flood Hazard
Development Permit is required for all construction or development occurring in the floodplain or
floodway as delineated on Federal Emergency Management Agency (FEMA) FIRM Community
Panel Map #s 08123C -1541E dated January 20, 2016 (Cache la Poudre River Floodplain). Any
development shall comply with all applicable Weld County requirements, Colorado Water
Conservation Board requirements as described in Rules and Regulations for Regulatory
Floodplains in Colorado, and FEMA regulations and requirements as described in 44 CFR parts
59, 60, and 65. The FEMA definition of development is any man-made change to improved or
unimproved real estate, including by not limited to buildings or other structures, mining, dredging,
filling, grading, paving, excavation, drilling operations, or storage of equipment and materials.
2) Section 23-2-30.A.5.b. - The Terracon Geotechnical Engineering Report dated January 11, 2002
and the JT Consulting Memorandum dated January 29, 2019 indicated the subsurface conditions
consisted of sandy lean clay over well graded sand with underlying granular sand and gravel
ranging from 40 to 70 feet throughout the parcel and may range up to 84-1/2 feet in thickness.
The economic viability of resource appears to satisfy the quality requirements to meet the
Colorado Department of Transportation specifications. The gravel encountered appears to be of
good quality and contains durable rock fragments composed of igneous and metamorphic rock
fragments.
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.
3) Section 23-2-30.A.5.c. - The Terracon Geotechnical Engineering Report dated January 11, 2002
indicated sandy lean clay soils were encountered within 2-1/2 to 7 -feet of the surface and these
materials may be susceptible to shrink and swell and loss of strength. Therefore, over excavation
is recommended of the development areas with properly compacted materials meeting the
Colorado Department of Transportation Class 1 Structure Backfill, Class 1 to 3 Aggregate Base
Course and could be processed to obtain Class 6 and 7 Aggregate Base Course.
RESOLUTION COZ19-0001
GLOBAL ASSET RECOVERY, LLC
PAGE 4
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 R-1 (Low Density Residential) and A (Agricultural) Zone District to the A
(Agricultural) Zone District is conditional upon the following:
1. Prior to recording the plat:
A. The applicant shall provide the Weld County Department of Planning Services with a Statement of
Taxes from the Weld County Treasurer showing no delinquent taxes exist for the original parcel.
(Department of Planning Services)
B. The applicant shall either submit a copy of an agreement with the property's mineral owner/operators
stipulating that the oil and gas activities have been adequately incorporated into the design of the site
or show evidence that an adequate attempt has been made to mitigate the concerns of the mineral
owner/operators. The plat shall be amended to include any possible future drilling sites and/or
setbacks. (Department of Planning Services)
2. The plat shall be amended to delineate the following:
1. All pages of the plat shall be labeled COZ19-0001. (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 shown and dimensioned on the Change of Zone plat.
(Department of Planning Services)
4. Balsam Avenue 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, Chapter 23, Article Ill, Section 23-3-50, 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 43 (Cherry Avenue) is a paved road and is designated on the Weld County
Functional Classification Map (Code Ordinance 2017-01) as a collector road, which requires 80
feet of right-of-way at full buildout. The applicant shall delineate and label 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, Chapter 23, Article II l, Section 23-3-50, the required setback
is measured from the future right-of-way line. This road is maintained by Weld County.
(Department of Public Works)
6. County Road 62 (E. C Street) is a paved 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, Chapter 23, Article Ill, Section 23-3-50, the required setback is
measured from the future right-of-way line. This road is maintained by Weld County. (Department
of Public Works)
RESOLUTION COZ19-0001
GLOBAL ASSET RECOVERY, LLC
PAGE 5
7. 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)
8. Show and label a minimum 30 -foot wide access and utility easement to provide legal access to
the parcel on the plat if applicable. (Department of Public Works)
9. Show the floodplain and floodway (if applicable) boundaries on the map. Label the floodplain
boundaries with the FEMA Flood Zone and FEMA Map Panel Number or appropriate study.
(Department of planning Services — Floodplain)
3. The following notes shall be delineated on the Change of Zone plat:
1. The Change of Zone from the R-1 (Low Density Residential) and A (Agricultural) Zone District to
the A (Agricultural) Zone District requirements as set forth in Chapter 23, Article III, Division 1 of
the Weld County Code. (Department of Planning Services)
2. Water service may be obtained from North Weld County Water District. (Department of Public
Health and Environment)
3. 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)
4. 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)
5. 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)
6. 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)
7. 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)
8. 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)
9. 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)
10. The historical flow patterns and runoff amounts will be maintained on the site. (Department of
Public Works)
11. A Flood Hazard Development Permit is required for all construction or development occurring in
the floodplain or floodway as delineated on Federal Emergency Management Agency (FEMA)
FIRM Community Panel Map #s 08123C-1541 E dated January 20, 2016 (Cache la Poudre River
Floodplain). Any development shall comply with all applicable Weld County requirements,
Colorado Water Conservation Board requirements as described in Rules and Regulations for
RESOLUTION COZ19-0001
GLOBAL ASSET RECOVERY, LLC
PAGE 6
Regulatory Floodplains in Colorado, and FEMA regulations and requirements as described in 44
CFR parts 59, 60, and 65. The FEMA definition of development is any man-made change to
improved or unimproved real estate, including by not limited to buildings or other structures,
mining, dredging, filling, grading, paving, excavation, drilling operations, or storage of equipment
and materials. (Department of Planning Services — Floodplain)
12. FEMA's floodplain boundaries may be updated at any time by FEMA. Prior to the start of any
development activities, the owner should contact Weld County to determine if the floodplain
boundaries have been modified. (Department of Planning Services — Floodplain)
13. 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)
14. 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)
15. 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)
16. Any future structures or uses on site must obtain the appropriate zoning and building permits.
(Department of Planning Services)
17. 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)
18. 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)
19. Necessary personnel from the Weld County Departments of Planning Services, Public Works,
and Public Health and Environment shall be granted access onto the property at any reasonable
time in order to ensure the activities carried out on the property comply with the Conditions of
Approval and Development Standards stated herein and all applicable Weld County regulations.
(Department of Planning Services)
20. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of the
most abundant mineral resources, including, but not limited to, sand and gravel, oil, natural gas,
and coal. Under title 34 of the Colorado Revised Statutes, minerals are vital resources because
(a) the state's commercial mineral deposits are essential to the state's economy; (b) the populous
counties of the state face a critical shortage of such deposits; and (c) such deposits should be
extracted according to a rational plan, calculated to avoid waste of such deposits and cause the
least practicable disruption of the ecology and quality of life of the citizens of the populous
counties of the state.
Mineral resource locations are widespread throughout the County and 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
RESOLUTION COZ19-0001
GLOBAL ASSET RECOVERY, LLC
PAGE 7
extract the mineral resource.
21. 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
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. and 2. above, the applicant shall submit one (1) electronic
copy (.pdf) of the Change of Zone 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
RESOLUTION COZ19-0001
GLOBAL ASSET RECOVERY, LLC
PAGE 8
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.
Motion seconded by Tom Cope.
VOTE:
For Passage
Bruce Johnson
Michael Wailes
Tom Cope
Gene Stille
Lonnie Ford
Richard Beck
Elijah Hatch
Skip Holland
Against Passage Absent
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, Kristine Ranslem, 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 August 20, 2019.
Dated the 20'" of August, 2019
Kristine Ranslem
Secretary
toww1/4:k-c
$IZt>I zotq
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, August 20. 2019
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 12:30 pm.
Roll Call.
Present: Michael Wailes, Gene Stifle. Tom Cope, Lonnie Ford. Richard Beck, Elijah Hatch, Skip Holland.
Absent: Bruce Johnson.
Also Present: Kim Ogle, Chris Gathman, Diana Aungst. Maxwell Nader, and Tom Parko, Department of
Planning Services: Lauren Light, Department of Health; Evan Pinkham, Hayley Balzano, Zackery Roberson
and Mike McRoberts, Public Works; Bruce Barker and Karin McDougal, County Attorney.. and Kris Ranslem,
Secretary
(Bruce Johnson entered the hearing at 12:58 pm)
CASE NUMBER:
APPLICANT
PLANNER:
REQUEST -
LEGAL DESCRIPTION.
LOCATION:
COZ19-0001
GLOBAL ASSET RECOVERY. LLC
KIM OGLE
CHANGE OF ZONE FROM THE R-1 (LOW DENSITY RESIDENTIAL) ZONE
DISTRICT AND THE A (AGRICULTURE) ZONE DISTRICT TO THE A
(AGRICULTURE) ZONE DISTRICT.
LOT A RECX16-0165 AND LOT B RE -1638. BOTH BEING PART NE4 SECTION
4. T5N. R65W OF THE 6TH P.M.: WELD COUNTY. COLORADO.
EAST OF AND ADJACENT TO N. BALSAM AVENUE (CR 41); SOUTH OF AND
ADJACENT TO EAST ..C. STREET (CR 62): WEST OF AND ADJACENT TO
NORTH CHERRY AVENUE (CR 43).
Kim Ogle. Planning Services. presented Case COZ19-0001, reading the recommendation and comments
into the record. Mr. Ogle noted that several telephone calls from attorneys representing adjacent property
owners have been received and from individuals with concerns about the change of zone and future mining.
Additionally. five (5) letters were received in opposition with one (1) property owner withdrawing their
opposition. The letters outlined concerns of future land use of mineral resource development, specifically
mining, and the effect of this activity it will have on their irrigation wells and potable water supplies. The
Department of Planning Services recommends approval of this application with the attached conditions of
approval and development standards.
Mike McRoberts, 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 knows the applicant but does not have any ties to this project and feels
he can be unbiased.
JC York, J&T Consulting, 305 Denver Avenue, Ft. Lupton. Colorado, stated that the change of zone from
R-1 to Agriculture cleans up the split zoning on the property. The northern portion of the property is zoned
R-1 and the southern tip is zoned Agricultural. He said that they need to zone it back to agriculture so they
can move forward with the amendment to their USR Permit currently existing for the Derr Mine.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Joe Parker. 211 North Balsam Avenue, Greeley. Colorado. said that the Parker family is adamantly
opposed to the changing of zone away from what it is currently zoned for.
1
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 COZ19-0001 to the Board of County Commissioners along with the Conditions of
Approval and notes to the plat with the Planning Commission's recommendation of approval, Moved by
Gene Stille. Seconded by Tom Cope.
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 6:08 pm.
Respectfully submitted,
Kristine Ranslem
Secretary
2
ATTENDANCE RECORD
NAME - PLEASE
PRINT LEGIBLY
ADDRESS
EMAIL
John Doe
123 Nowhere Street,
City, State,
Zip
tri‘c '45 veto,
Lilies , fa.
icy-- c6Ici 0
mac ad /or
34 r l,31..5.---4-6.- Atie. ei .. Z
es 6 * ..
. ire T ... - I A
ii nrir-
drat Wic;:r'i
0 {rah
t�/�}
ita
...4
dr
ate_.
as
a
Arra
f
ail
Ave_
es)
C tte Ph.
D 42. airt,1(2-0-/erSte
I
Af,
5
Lit it 4,- ite, r
owc, qe • (C5
*--e447615,
CO e
sie,
thct
a k., I
0
co O let tiC r
?„ f s
a
Lao i co
ti(
1
/
e ita.
80 ‘ 1
Let gi--
€ t a1rgFT
£tczt
-Rd��(
tr1/4 t
i t e..„' v/a r? Ci2 t 1r 7
f •
IIIELA
14 PrbssI
r
cads-
amaiiirete4
Rocrtne FP,A4W4ks3SpZ
0
L 5'
/
gltrpi /one
‘94- e a
tad/
0-4 Pi /Se
al.
A Ili
., tures
W
if alliEW
I‘
Mb,'
7
0
get zo a
+�► a bet ee ribs on,
like
1
-z_
tig (a q
C e ic-2 6, 1rig
1
v
en
,„(
iitc--
t z /4,-
itza C -c
/AY '' - Co. inki
)9449e
-/vs. _d
4/4 op..
c v
,,,,r , ,r
41
:
fain 1
Al. et,. it
Icrel
inda<
erei Cita
,C4411 Ai
1 oe
4:414
cir651-1
alleribLL !Steck...lb%t493
EtiAst,O%.,Q,
Liptak
il
tf
r,+
! J'
li
- i
*
`. yt
k
z r
�
al
kill
s,:_ !i{g-�at,',rte{
.
lite
1
e
iCe k I
%A
Ile I f
is,t, LA,
-
a of
1 0 0 1
i' 'es it
. _a; ' 06 /
v a b ' .
o
r� s R
iI ' .-
C
woo
�s_
t . ` it ,,.
O s
O
..fteate
r.,-
,
ik
et � f a it 1f
Rd 74
,
r�
jfjy
1 . T l
f�,
A �� y 7r J s '.
05
rPe
J� s �1j
�.. t
Lt r IC 0
6&ea14
CAMn
co
vet
IL tcorei
it pi, f
In
ATTENDANCE RECORD
ADDRESS
EMAIL
NAME - PLEASE PRINT
LEGIBLY
John Doe
123 Nowhere Street, City, State, Zip
A 5 as
4'
c 2O
'
~
o„ -,+"Cr
s4`,, 1
a.
.
.
L ..
....
Hello