HomeMy WebLinkAbout20193489.tiffRESOLUTION
RE: GRANT CHANGE OF ZONE, PUDZ19-0001, FROM THE A (AGRICULTURAL) ZONE
DISTRICT TO THE PUD (PLANNED UNIT DEVELOPMENT) ZONE DISTRICT, FOR
FOUR (4) LOTS WITH C-3 (BUSINESS COMMERCIAL), C-4 (HIGHWAY
COMMERCIAL), I-1 (INDUSTRIAL), 1-2 (INDUSTRIAL), AND 1-3 (INDUSTRIAL) USES
- T3 LAND AND INVESTMENT, 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 22nd day of May, 2018, at 10:00 a.m., in
the Chambers of the Board for the purpose of hearing the application of T3 Land and Investment,
LLC, 23659 CR 44, LaSalle, Colorado 80645, requesting a Change of Zone, PUDZ19-0001, from
the A (Agricultural) Zone District to the PUD (Planned Unit Development) Zone District, for four
(4) lots with C-3 (Business Commercial), C-4 (Highway Commercial), I-1 (Industrial), 1-2
(Industrial), and 1-3 (Industrial) Uses for a parcel of land located on the following described real
estate, to -wit:
Lot A of Recorded Exemption, RECX19-0011; being
part of the SE1/4 of Section 13, Township 4 North,
Range 65 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the Board deemed it advisable to continue said hearing to
August 7, 2019, to allow the applicant to finalize and record the plat for Recorded Exemption,
RECX19-0011, to create the lot prior to changing the zoning, and
WHEREAS, at said hearing on August 7, 2019, the applicant was represented by Kelsey
Bruxvoort, AGPROfessionals, 3050 67th Avenue, Greeley, Colorado 80634, and
WHEREAS, Section 27-6-120 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 27-5-30 of the Weld County Code.
2. The request is in conformance with Section 27-6-120. D.5 of the Weld County Code
as follows:
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A. Section 27-6-120.D.5.a — The proposal is consistent with any
Intergovernmental Agreement in effect influencing the PUD and
Chapters 19 (Coordinated Planning Agreements), Chapter 22
(Comprehensive Plan), Chapter 23 (Zoning), Chapter 24 (Subdivision) and
Chapter 26 (Mixed Use Development) of the Weld County Code.
1) Section 22-2-120.A (R.Goal 1) states: "Ensure that adequate
services and facilities are currently available or reasonably
obtainable to serve the residential development or district." The
proposed PUD will be served by public water (Central Weld County
Water District) and On -site Wastewater Treatment Systems.
2) Section 22-2-80. D.1 (I. Policy 4.1) states: "New development should
pay for the additional costs associated with those services directly
impacted by the new industrial development." The applicant shall
enter into an Improvements and Road Maintenance Agreement; it
is required for on -site and off -site improvements associated with
this project prior to recording the final plan.
3) Section 22-2-80.F (I.Goal 6) states: "Minimize the incompatibilities
that occur between the industrial uses and surrounding properties".
The proposed PUD is near an existing Compressor Station facility
(1MUSR18-17-0023), an office and parking for oil and gas support
businesses (USR-1570 and MUSR12-0010) located to the north
and east, and is located immediately to the east of a feedlot
(SUP -202).
4) Section 22-2-100.F (C.Goal 6) states: "Consider how transportation
infrastructure is affected by the impacts of new or expanding
commercial developments." An Improvements and Road
Maintenance Agreement is required for on -site and off -site
improvements associated with this project. Off -site roadway
improvements are being required as a part of this agreement.
B. Section 27-6-120.D.5.b — The uses which would be allowed in the proposed
PUD will conform with the Performance Standards of the PUD Zone District
contained in Chapter 27, Article II, of the Weld County Code.
1) Section 27-2-30 Buffering and Screening — Uses, buildings, or
structures within and adjacent to the PUD Zone District shall be
adequately buffered and screened to make their appearance and
operation harmonious with the surrounding land uses.
2) Section 27-2-40 Bulk Requirements — The applicant has chosen to
adhere to the bulk requirements of the Commercial and Industrial
Zone Districts.
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3) Section 27-2-70 Compatibility — The density, design and location of
land uses within and adjoining a PUD shall be designed to be
compatible with other uses within and adjoining the PUD. Uses in
the proposed PUD will be required to adhere to the Design and
Performance Standards in the Commercial and Industrial Zone
Districts. Future uses in the PUD will require a Site Plan Review
application and will be required to adhere to screening requirements
for outdoor storage, as well as minimum landscaping requirements
for future uses that will locate in the PUD.
4) Section 27-2-200 — Uses — All commercial and industrial lots in a
PUD shall undergo a site plan review process, as defined in
Chapter 23, Article II, Division 3, of the Weld County Code.
C. Section 27-6-120.D.5.c — The uses which will be permitted shall be
compatible with the existing or future development of the surrounding area,
as permitted by the existing zoning, and with the future development, as
projected by Chapter 22 of the Weld County Code or master plans of
affected municipalities. This property is not located within a three (3) mile
referral boundary or cooperative planning agreement boundary of a
municipality.
D. Section 27-6-120.D.5.d — The PUD Zone District shall be serviced by an
adequate water supply and sewage disposal system in compliance with the
Performance Standards in Chapter 27, Article II, of the Weld County Code.
The proposed PUD lots will be served by public water (Central Weld County
Water District) and On -site Wastewater Treatment Systems (OWTS). The
Weld County Department of Public Health and Environment indicated in
the referral dated February 27, 2019, that engineer -designed septic
systems will be required for each property, per Section 3-8-110 of the Weld
County Code. The Colorado Division of Water Resources stated in the
referral dated April 10, 2019, their opinion that the water supply for the
proposed PUD is adequate and can be provided without injury to decreed
water rights, provided all four (4) lots within the PUD are served by the
Central Weld County Water District, and the well permit operating under
permit #82411 is plugged and abandoned prior to approval of the PUD.
E. Section 27-6-120.B.6.e — Street or highway facilities providing access to
the property are adequate in functional classification, width, and structural
capacity to meet the traffic requirements of the uses of the proposed PUD
Zone District. The proposed PUD borders County Road (CR) 44 and CR
49, which are both identified as arterial paved roads. The PUD is proposing
to access onto CR 44 (a paved road).
F. Section 27-6-120.B.6.f — An off -site Road Improvements Agreement and
an on -site Improvements Agreement proposal is in compliance with
Chapter 24 of the Weld County Code as amended and a road
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improvements agreement is complete and has been submitted, if
applicable. At Final Plan, Public Works is requiring an on -site and off -site
Improvements Agreement associated with this project. Road maintenance
including, but not limited to, damage repair, will be included. Off -site
roadway improvements are being required as a part of the agreement,
including a westbound right-hand deceleration lane, an eastbound
left-hand deceleration lane on CR 44 at the access, and extension of the
eastbound left-hand deceleration lane on CR 44 at CR 49. On -site
improvements associated with the development will be included in the
agreement.
G. Section 27-6-120.B.6.g — There has been compliance with the applicable
requirements contained in Chapter 23 of the Weld County Code regarding
overlay districts, commercial mineral deposits, and soil conditions on the
subject site. The site is not located within the Geohazard, floodplain or MS4
boundaries. The site is located within the Airport Overlay District. The
Greeley -Weld County Airport responded with no concerns in the referral
dated February 4, 2019. Building Permits issued on the proposed lots will
be required to adhere to the fee structure of the County Wide Road Impact
Fee, County Facility Fee, and Drainage Impact Fee Programs.
H. Section 27-6-120.D.5.h — Consistency exists between the proposed zone
district(s), uses, the specific or conceptual development guide. The
applicant is requesting that this PUD be approved as a specific
development versus a conceptual development, per Section 27-6-20 of the
Weld County Code. The Board determines the Change of Zone application
to be a Specific Development Guide and delegates authority to the
Department of Planning Services to administratively review the Final Plan
application if it remains substantially consistent.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of T3 Land and Investment, LLC, for a Change of Zone,
PUDZ19-0001, from the A (Agricultural) Zone District to the PUD (Planned Unit Development)
Zone District, for four (4) lots with C-3 (Business Commercial), C-4 (Highway Commercial),
I-1 (Industrial), 1-2 (Industrial), and 1-3 (Industrial) Uses on the above referenced parcel of land
be, and hereby is, granted subject to the following conditions:
1. Prior to the Board of County Commissioner's Hearing:
A. Recorded Exemption RECX19-0011 plat shall be finalized and submitted
for recording.
2. Prior to recording the Change of Zone 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.
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B. The access shall be designed using a horizontal design methodology, as
well as CDOT safety criteria, and shall be located within the boundaries of
the parcel and the access shall be off of County Road (CR) 44.
C. The applicant shall provide an updated traffic impact study with trip
generation for all uses in the PUD.
D. 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.
E. The plat shall be amended to include the following:
1) All pages of the plat shall be labeled PUDZ19-0001.
2) The applicant shall adhere to the plat requirements in preparation
of the Change of Zone plat, per Section 23-2-690 of the Weld
County Code.
3) County Road 44 is a paved road and is designated on the Weld
County Functional Classification Map as an arterial road, which
requires 140 feet of right-of-way at full buildout. The applicant shall
delineate the existing right-of-way on the site plan. All setbacks
shall be measured from the edge of the right-of-way. This road is
maintained by Weld County.
4) The reservation of future road right-of-way to accommodate the
grade separation at CR 44 and CR 49 shall be noted on the plat.
5) The County Highway (County Road 49) is designated on the Weld
County Functional Classification Map as an arterial road, which
typically requires 140 feet of right-of-way at full buildout. The
alignment of the road widening project varies along the section line
for the corridor. The applicant shall contact the Department of
Public Works for the location of the existing and future right-of-way
and easements and delineate these on the site plan.
F. The Change of Zone is conditional upon the following and that each shall
be placed on the Change of Zone plat, as notes prior to recording:
1) The Change of Zone from the A (Agricultural) Zone District to the
Planned Unit Development (PUD) Zone District for four (4) lots with
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C-3 (Business Commercial), C-4 (Highway Commercial), I-1
(Industrial), 1-2 (Industrial) and 1-3 (Industrial) Uses and subject to
and governed by the Conditions of Approval stated hereon and all
applicable Weld County Regulations. The Commercial and
Industrial uses shall comply with the bulk standards for each zone
district.
2) A Commercial -Industrial Owner's Association shall be established
prior to the sale of any lot. The association is responsible for liability
insurance, taxes, streets, private utilities and other facilities.
3) The applicant shall submit internal roadway design information for
review and approval. This design information shall include a plan
and profile of the road, pavement design information, an
intersection detail, and a Striping and Signage Plan.
4) Water service shall be obtained from the Central Weld County
Water District.
5) The parcel is currently not served by a municipal sanitary sewer
system. Sewage disposal may be by septic systems designed in
accordance with 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) The historical flow patterns and runoff amounts on the site will be
maintained.
9) Weld County is not responsible for the maintenance of on -site
drainage related features.
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10) 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.
11) 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.
12) The access on the site shall be maintained to mitigate any impacts
to the public road, including damages and/or off -site tracking.
13) Weld County is not responsible for the maintenance of on -site
subdivision roads.
14) The site shall maintain compliance, at all times, with the
requirements of the Weld County Departments of Public Works,
Public Health and the Environment, and Planning Services, and
adopted Weld County Code and Policies.
15) The applicant shall comply with Section 27-8-50 Weld County
Code, as follows: Failure to submit a Planned Unit Development
Final Plan - If a PUD Final Plan application is not submitted within
three (3) years of the date of the approval of the PUD Zone District,
the Board of County Commissioners shall require the landowner to
appear before it and present evidence substantiating that the PUD
project has not been abandoned and that the applicant possesses
the willingness and ability to continue with the submission of the
PUD Final Plan. The Board may extend the date for the submission
of the PUD Final Plan application and shall annually require the
applicant to demonstrate that the PUD has not been abandoned. If
the Board determines that conditions or statements made
supporting the original approval of the PUD Zone District have
changed, or that the landowner cannot implement the PUD Final
Plan, the Board of County Commissioners may, at a public hearing,
revoke the PUD Zone District and order the recorded PUD Zone
District reverted to the original Zone District.
16) The PUD Final Plan shall comply with all regulations and
requirements of Chapter 27 of the Weld County Code.
17) No development activity shall commence on the property, nor shall
any building permits be issued, until the final plan has been
approved and recorded. This does not apply to the existing
residence on the site.
18) RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT:
Weld County has some of the most abundant mineral resources,
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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
resources are protected property rights and mineral owners should
be afforded the opportunity to extract the mineral resource.
19) 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.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 7th day of August, A.D., 2019.
BOAR OF COUNTY COMMISSIONERS
WEL rZ OU TYRADO
ATTEST: dettittio ;
Weld County Clerk to the Board
Deputy Clerk to the Boar
ounty At orney
Date of signature: ofs/3o/!9
Barbara Kirkmeyer, Chair
Steve Moreno
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