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Home My WebLink About20194232.tiff lgbi �� LAND USE APPLICATION SUMMARY SHEET Planner: Chris Gathman Hearing Date: September 4, 2019 Case COZ19-0003 Number: Applicant: Chet Thompson Site Address: 23005 County Road 30, Hudson, CO Request: Change of Zone from the A(Agricultural)Zone District to the 1-3 (Heavy Industrial)Zone District Legal Lot A Recorded Exemption RE-3962; Being part of W2SW4 of Section 24, T3N, Description: R65W of the 6th P.M., Weld County, CO Location: North of and adjacent to County Road 30 and approximately 4,525 feet west of County Road 49. Acres: +/- 7.3 Gross acres Parcel #. 1213-24-3-00-032 (+/- 7.0 net acres) POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS The Department of Planning Services'staff has received responses from the following agencies: With Comment: v Weld County Department of Public Works, referral dated July 24, 2019 y Weld County Department of Public Health and Environment, referral dated June 27, 2019 y Colorado Division of Water Resources, referral dated July 12, 2019 Without Comment: y Colorado Department of Transportation, Electronic Mail referral dated July 22, 2019 y Weld County Zoning Compliance, referral dated July 1, 2019 y Colorado Parks and Wildlife, referral dated June 28, 2019 y Weld County RE-1 School District, referral dated June 26, 2019 The Department of Planning Services'staff has not received responses from: y Weld County Sheriff's Office y LaSalle Fire District y Platte Valley Conservancy District COZ19-0003 Page 1 of 8 lgbi ADMINISTRATIVE RECOMMENDATION r t CHANGE OF ZONE G Planner: Chris Gathman Hearing Date: September 4, 2019 Case Number: COZ19-0003 Applicant: Chet Thompson Site Address: 23005 County Road 30, Hudson, CO Request: Change of Zone from the A(Agricultural)Zone District to the 1-3 (Heavy Industrial)Zone District Legal Lot A Recorded Exemption RE-3962; Being part of W2SW4 of Section 24, T3N, Description: R65W of the 6th P.M., Weld County, CO Location: North of and adjacent to County Road 30 and approximately 4,525 feet west of County Road 49. Acres: +/- 7.3 gross acres Parcel #. 1213-24-3-00-032 (+/- 7.03 net acres) REQUEST DESCRIPTION: The applicant is proposing to change the zoning of an existing property from A(Agricultural)to 1-3 (Heavy Industrial)zone district. There is an existing oil and gas support operation on the property. USR11-0009 (Oil and Gas equipment refurbishment, storage and shop) was approved by the Board of County Commissioners in January 2012. USR11-0009 was amended under minor amendment 1MUSR16-11-0009 to change the location of an office building onsite in 2016. The site is served by an existing commercial well along with a septic system. THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED 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. This site is not located within a 3-mile referral area or within an Intergovernmental Agreement(IGA) boundary of a municipality. Section 22-2-20.A.2 (.Policy 1.2. states: "Encourage new industrial development within existing industrial areas." COZ19-0003 Page 2 of 8 Several industrial uses are in this area. The property is located approximately 400-feet from an existing oil and gas storage facility (USR16-0042) and approximately 600-feet from an oil and gas support facility (roust-a-bout business approved under USR12- 0030). Additionally, an oil and gas polishing facility (approved under 2MUSR17-15- 0012) is located approximately 1,800 feet to the north and multiple oil and gas storage and processing facilities are located approximately 1,950 feet to the east. Section 22-2-80.C 1.Goal 3. states: "Consider how transportation infrastructure is affected by the impacts of new or expanding industrial developments." The site to be rezoned is located adjacent to an existing collector road (County Road 30) and is located approximately 1 mile to the east of a major arterial road (County Road 49— Weld County Parkway). 22-2-80.F.1 1.Policy 6.1. states: "Consider the compatibility with surrounding land uses and natural site features." Multiple oil and gas (industrial related uses) are located within 1/2 mile of the proposed change of zone. An existing parcel zoned 1-3 is located approximately 3,000-feet to the south and east. 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 property to be rezoned currently has an industrial use (oil and gas support and service facility) and industrial uses (related to the oil and gas industry) are in proximity to the site. The property to be rezoned contains an oil and gas support business (oil and gas refurbishment, storage and shop) last amended under 1MUSR16-11-0009. The property is located approximately 400-feet from an existing oil and gas storage facility (USR16- 0042) and approximately 600-feet from an oil and gas support facility (roust-a-bout business approved under USR12-0030). Additionally, an oil and gas polishing facility (approved under 2MUSR17-15-0012) is located approximately 1,800 feet to the north and multiple oil and gas storage and processing facilities are located approximately 1,950 feet to the east. The proposed change of zone will be compatible with the surrounding land uses. 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 site is currently served by an existing commercial well (permit # 75846-F) and existing septic permit permitted for up to 15 people under permit#SP16-00148. 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. The site is located adjacent to adequate street or highway facilities. The property to be rezoned is immediately adjacent to a collector road (County Road 30) and is located approximately 1 mile to the west of a major arterial road (County Road 49—Weld County Parkway). 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 site is not located within an overlay district. COZ19-0003 Page 3 of 8 2) Section 23-2-30.A.5.b. — The property to be rezoned is only 7.3 gross acres. Too small to be considered for commercial mining purposes. 3) Section 23-2-30.A.5.c. —The site is covered by soil classified as Vona Loamy Sands. 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 (Agriculture) Zone District to 1-3 (Heavy Industrial) 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. All materials shall be removed from the water quality feature shown on 1MUSR16-11- 0009, in the southeast corner of the parcel. (Department of Public Works) C. The plat shall be amended to delineate the following: 1. All pages of the plat shall be labeled COZ19-0003. (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 shown and dimensioned on the Change of Zone plat. (Department of Planning Services) 4. Show and label the existing and proposed access point(s) 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) 5. County Road 30 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 III, 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 47 is an unmaintained section line right-of-way. The applicant shall verify and delineate on the map the unmaintained right-of-way and the documents creating the right-of-way. All setbacks shall be measured from the edge of right-of- way. This road is not maintained by Weld County. Any unmaintained road needs to be located/identified in relationship to the right-of-way. Show and label the section line Right-of-Way as "CR 47 Section Line Right-of-way, not County maintained". (Department of Public Works) D. The following notes shall be delineated on the Change of Zone plat: 1. The Change of Zone allows for 1-3 (Heavy Industrial)uses which shall comply with the I- COZ19-0003 Page 4 of 8 3 (Heavy Industrial)Zone District 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 the appropriate zoning and building permits. (Department of Planning Services) 4. Water service may be obtained from an appropriately permitted well. (Department of Public Health and Environment) 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 Onsite 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. (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 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. (Department of Public Health and Environment)a 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. The Access may be utilizing unmaintained County right-of-way. Maintenance of the unmaintained County right-of-way will not be the responsibility of Weld County. (Department of Public Works) 11. 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) 12. 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) 13. 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) 14. 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 COZ19-0003 Page 5 of 8 this plat. (Department of Public Works) 15. 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) 16. The historical flow patterns and runoff amounts will be maintained on the site. (Department of Public Works) 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. The historical flow patterns and run-off amounts will be maintained on site in such a manner that it will reasonably preserve the natural character of the area and prevent property damage of the type generally attributed to run-off rate and velocity increases, diversions, concentration and/or unplanned ponding of storm run-off. (Department of Public Works) 20. Building permits may be required, for any new construction or set up manufactured structure, per Section 29-3-10 of the Weld County Code. A building permit application must be completed and submitted. Buildings and structures shall conform to the requirements of the various codes adopted at the time of permit application. Currently the following has been adopted by Weld County: 2018 International Building Codes; 2018 International Residential Code; 2006 International Energy Code; 2017 National Electrical Code; and Chapter 29 of the Weld County Code. A plan review shall be approved, and a permit must be issued prior to the start of construction. (Department of Building Inspection) 21. 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. 22. 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 COZ19-0003 Page 6 of 8 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) paper copy or 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. COZ19-0003 Page 7 of 8 4. The Change of Zone plat map shall be submitted to the Department of Planning Services' for recording within one-hundred-twenty (120) days of approval by the Board of County Commissioners. With the Change of Zone plat map, the applicant shall submit a digital file of all drawings associated with the Change of Zone application. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are .shp (Shape Files), Arclnfo Coverages and Arclnfo Export files format type is .e00. The preferred format for Images is .tif(Group 4) (Group 6 is not acceptable). 5. In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005, should the plat not be recorded within the required one-hundred-twenty (120) days from the date the Board of County Commissioners resolution a $50.00 recording continuance charge shall added for each additional 3 month period. COZ19-0003 Page 8 of 8 DEPARTMENT OF PLANNING SERVICES 1555 N 17th AVE GREELEY, CO 80631 WEBSITE: www.weldgov.com E-MAIL: cgathman@weldgov.com PHONE: (970)400-3537 r r FAX: (970) 304-6498 August 05, 2019 KRIS A PI CKETT 1937 15TH AVENUE GREELEY, CO 80631 Subject: COZ19-0003 - A Change of Zone from the A (Agricultural) Zone District to the 1-3 (Industrial) Zone District. On parcel(s)of land described as: LOT A REC EXEMPT RE-3962. PART W2SW4 SECTION 24, T3N, R65W OF THE 6TH P.M., WELD COUNTY, COLORADO. Dear Applicants: I have scheduled a meeting with the Weld County Planning Commission on September 3, 2019, at 12:30 p.m. A subsequent hearing with the Board of County Commissioners will be held on October 2, 2019 at 10:00 a.m. Both hearings will be held in the Hearing Room, Weld County Administration Building, 1150 O Street, Greeley, Colorado. It is recommended that you and/or a representative be in attendance to answer any questions the Planning Commission members or Board of County Commissioners may have. Colorado Revised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01-1088) requires notification of all mineral estate owners 30 days prior to any public hearing. The applicant needs to provide the Weld County Planning Department with written certification indicating the above requirement has been met. A representative from the Department of Planning Services will be out to the property a minimum of ten days prior to the hearing to post a sign adjacent to and visible from a publicly maintained road right-of-way which identifies the hearing time, date, and location. In the event the property is not adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent place on the property and a second sign posted at the point at which the driveway (access drive) intersects a publicly maintained road right-of-way. The Department of Planning Services' staff will make a recommendation concerning this application to the Weld County Planning Commission and will be included in the staff report one week prior to the scheduled Planning Commission hearing. You may view the staff report at www.weldcountyplanningcases.org If you have any questions concerning this matter, please call. Respectfully, alL4L. Chris Gathman Planner iQ4Ao. DEPARTMENT OF PLANNING SERVICES 1555 N 17th AVE GREELEY, CO 80631 WEBSITE: www.weldgov.com E-MAIL: cgathman@weldgov.com ' PHONE: (970)400-3537 4_ G FAX: (970) 304-6498 June 26, 2019 KRIS A PI CKETT 1937 15TH AVENUE GREELEY, CO 80631 Subject: COZ19-0003 - A Change of Zone from the A (Agricultural) Zone District to the 1-3 (Industrial) Zone District. On parcel(s)of land described as: LOT A REC EXEMPT RE-3962, PART W2SW4 SECTION 24, T3N, R65W of the 6th P.M., Weld County, Colorado. Dear Applicants: Your application and related materials for the request described above are complete and in order at this time. I will schedule a meeting with you at the end of the review period to discuss the referral comments received by our office. If you have any questions concerning this matter, please call. Respectfully, Chris Gathman Planner FIELD CHECK inspection dates: 7/6/2019 APPLICANT: Front Range Landfill, Inc. CASE#: COZ19-0003 REQUEST: Change of Zone from the A (Agricultural) Zone District to the 1-3 (Heavy Industrial) Zone District. LEGAL: Lot A Recorded Exemption RE-3962; Being part of W2SW4 of Section 24, T3N, R65W of the 6th P.M., Weld County, CO LOCATION: North of and adjacent to County Road 30 and approximately 4,525 feet west of County Road 49. PARCEL ID #s: 1213-24-3-00-032 ACRES: +1- 7.3 acres (Gross) Zoning Land Use N A N Rangeland/O&G processing facility approx. 1/3 mile to north E A E Rangeland/multiple oil and gas processing facilities to east S A S Existing residences (2) to South and Southeast/O&G Support facility to SW W A W Rangeland COMMENTS: Existing fenced oil and gas storage facility (approved under 1MUSR16-11-0009) located on site. Lt.-- Chris Gathman - Planner III Hello