HomeMy WebLinkAbout20194230.tiff RESOLUTION
RE: GRANT CHANGE OF ZONE, COZ19-0003, FROM THE A (AGRICULTURAL) ZONE
DISTRICT TO THE 1-3 (INDUSTRIAL) ZONE DISTRICT- CHESTER THOMPSON
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 2nd day of October, 2019, at 10:00 a.m., in
the Chambers of the Board for the purpose of hearing the application of Chester Thompson, 9778
E. Ida Circle, Greenwood Village, Colorado 80111, requesting a Change of Zone, COZ19-0003,
from the A (Agricultural) Zone District to the 1-3 (Industrial) Zone District, for a parcel of land
located on the following described real estate, to-wit:
Lot A of Recorded Exemption, RE-3962; being part
of the W1/2 SW1/4 of Section 24, Township 3 North,
Range 65 West of the 6th P.M., Weld County,
Colorado
WHEREAS, the applicant was represented by Kris Pickett, JKP Consulting LLC,
1937 15th Avenue, Greeley, CO 80631, 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. This site is not located within a three (3) mile referral area or
within an Intergovernmental Agreement (IGA) boundary of a municipality.
1) Section 22-2-20.A.2 (I.Policy 1.2) states: "Encourage new industrial
development within existing industrial areas." 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
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CHANGE OF ZONE (COZ19-0003) - CHESTER THOMPSON
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north and multiple oil and gas storage and processing facilities are
located approximately 1,950 feet to the east.
2) Section 22-2-80.C (I.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 one (1) mile to the east of a major arterial road
(County Road 49 —Weld County Parkway).
3) Section 22-2-80.F.1 (I.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 0.5 miles 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 23-2-40.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 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 1 MUSR16-11-0009.
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.
1) Section 23-3-300. Intent, states, in part "The purpose of the
Industrial Zone Districts is to implement the goals and policies of
the COMPREHENSIVE PLAN and provide areas for operation of
land USES associated with distribution and warehousing of
commodities as well as production, fabrication, manufacturing,
assembling, and processing of materials. The Industrial Zone
Districts have been established to promote economic development
and job creation; to protect industry from the encroachment of
residential and less intense COMMERCIAL USES; to reduce the
adverse impacts of industries on surrounding, nonindustrial
properties; and to encourage industrial development in areas that
are compatible with heavy infrastructure and where necessary
utilities are in place or reasonably attainable."
C. Section 23-2-40.B.3 — Adequate water and sewer service can be made
available to the site to serve the uses permitted within the proposed zone
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district. The site is currently served by an existing commercial well (permit
#75846-F) and existing septic permit, #SP16-00148, for up to 15 people.
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 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 one (1) mile to the
west of a major arterial road (County Road 49 —Weld County Parkway).
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 23-2-30.A.5.a — The site is not located within an overlay
district.
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.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Chester Thompson, for a Change of Zone, COZ19-0003,
from the A (Agricultural) Zone District to the 1-3 (Industrial) 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. 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.
B. All materials shall be removed from the water quality feature shown on
1MUSR16-11-0009, in the southeast corner of the parcel.
C. The applicant shall do one of the following:
1) The applicant shall submit a complete Site Plan Review application for
the existing Oil and Gas Support facility on the property. The Site Plan
Review shall be approved and the Site Plan Review map shall be
submitted for recording at the same time the COZ19-0003 plat is
submitted for recording.
2) Provide evidence that the Oil and Gas Support facility has been
removed from the property.
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D. The plat shall be amended to delineate the following:
1) All pages of the plat shall be labeled COZ19-0003.
2) The plat shall adhere to Section 23-2-50.C and D. of the Weld
County Code.
3) All recorded easements shall be shown and dimensioned on the
Change of Zone plat.
4) The applicant shall 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.
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 the future and
existing right-of-way (along with the documents creating the
existing right-of-way) and the physical location of the road on the
plat. 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.
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 the 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. The
applicant shall show and label the section line right-of-way as
"CR 47 Section Line Right-of-way, not County maintained".
E. The following notes shall be delineated on the Change of Zone plat:
1) The Change of Zone, COZ19-0003, allows for 1-3 (Heavy Industrial)
uses, which shall comply with the 1-3 (Heavy Industrial) Zone
District requirements, as set forth in Chapter 23, Article III,
Division 4 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.
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3) Any future structures or uses onsite must obtain the appropriate
zoning and building permits.
4) Water service may be obtained from an appropriately permitted
well.
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.
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.
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.
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.
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
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impede the use of such easements without the approval of all
persons with rights of use of such easements.
13) Access on the site shall be maintained to mitigate any impacts to
the public road, including damages and/or off-site tracking.
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 this plat.
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.
16) The historical flow patterns and runoff amounts will be maintained
on the site.
17) 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.
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.
19) The historical flow patterns and run-off amounts will be maintained
onsite 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.
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 have been adopted by Weld
County: 2018 International Building Codes, 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.
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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 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.
22) 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 2nd day of October, A.D., 2019.
BOARD OF COUNTY COMMISSIONERS
� W LD COUNTY, COL RADO
ATTEST: d4titi,$) to;IA
arbara Kirkmeyer, hair
Weld County Clerk to the BoardBY:24YWN 11/ -
Mike Freeman , Pro-Tem
Deputy Clerk to the Board
IFa L, Sean P Conwa
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APP '�'�
1861 Cott ' . James
Count( orney ® ��
Steve Moreno
Date of signature: JQ/Io/1q �" T
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