HomeMy WebLinkAbout20194231.tiff EXHIBIT
BEFORE THE WELD COUNTY, COLORADO . PLANNING COMMISSION • \ -OOO 3
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Elijah Hatch, 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: COZ19-0003
APPLICANT: CHESTER THOMPSON
PLANNER. CHRIS GATHMAN
REQUEST A CHANGE OF ZONE FROM THE A (AGRICULTURAL) ZONE DISTRICT TO THE
1-3 (INDUSTRIAL) ZONE DISTRICT.
LEGAL DESCRIPTION LOT A REC EXEMPT RE-3962, PART W2SW4 SECTION 24, T3N , R65W OF THE
6TH P.M. . WELD COUNTY. COLORADO.
LOCATION NORTH OF AND ADJACENT TO CR 30 AND APPROXIMATELY 4.525 FEET
WEST OF CR 49.
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.
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 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
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. F1 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 % 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
RESOLUTION COZ19-0003
CHESTER THOMPSON
PAGE 2
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.
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)
RESOLUTION COZ19-0003
CHESTER THOMPSON
PAGE 3
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 1-3(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)
9. The property owner or operator shall be responsible for controlling noxious weeds on the site,
pursuant to Chapter 15,Article 1 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)
RESOLUTION COZ19-0003
CHESTER THOMPSON
PAGE 4
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 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
RESOLUTION COZ19-0003
CHESTER THOMPSON
PAGE 5
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 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,sandburs, 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
RESOLUTION COZ19-0003
CHESTER THOMPSON
PAGE 6
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.
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 be added for each additional 3-
month period.
Motion seconded by Richard Beck.
VOTE:
For Passage Against Passage Absent
Bruce Johnson
Michael Wailes
Tom Cope
Gene Stille
Lonnie Ford
Richard Beck
Elijah Hatch
Skip Holland
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 September 17, 2019.
Dated the 17'" of
September, 2019
Kristine Ranslem
Secretary
EXHIBIT
?1C, i\M\AuV7k-e--s
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
n \ 21319 4Z.IG - 0003
Tuesday, September 17. 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: Bruce Johnson, Elijah Hatch . Lonnie Ford , Michael Wailes, Richard Beck.
Absent/Excused: Skip Holland, Gene Stifle, Tom Cope.
Also Present: Diana Aungst and Angela Snyder, Department of Planning Services: Lauren Light,
Department of Health ; Hayley Balzano and Mike McRoberts, Public Works: Bob Choate, County Attorney.
and Kris Ranslem. Secretary.
CASE NUMBER: COZ19-0003
APPLICANT: CHESTER THOMPSON
PLANNER CHRIS GATHMAN/DIANA AUNGST
REQUEST: A CHANGE OF ZONE FROM THE A (AGRICULTURAL) ZONE DISTRICT TO
THE 1-3 (INDUSTRIAL) ZONE DISTRICT.
LEGAL DESCRIPTION LOT A REC EXEMPT RE-3962. PART W2SW4 SECTION 24, T3N . R65W OF
THE 6TH P. M. , WELD COUNTY, COLORADO.
LOCATION NORTH OF AND ADJACENT TO CR 30 AND APPROXIMATELY 4.525 FEET
WEST OF CR 49.
Diana Aungst. Planning Services. presented Case COZ19-0003, reading the recommendation and
comments into the record. The Department of Planning Services recommends approval of this application
with the attached conditions of approval and plat notes.
Hayley Balzano, 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 and on-
site dust control.
Kris Pickett. JKP Consulting. 1937 15th Avenue, Greeley. stated that he represents the applicant. The area
seems to be developing into oil and gas business. There is currently an oil and gas business located on
the majority of the site and added that the applicant has received interest from other oil and gas type
businesses that would like to relocate to this site.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
The Chair asked the applicant if they have read through the Conditions of Approval and if they are in
agreement with those. The applicant replied that they are in agreement.
Motion: Forward Case COZ19-0003 to the Board of County Commissioners along with the Conditions of
Approval and notes on the plat with the Planning Commission's recommendation of approval . Moved by
Elijah Hatch . Seconded by Richard Beck.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 5).
Yes: Bruce Johnson, Elijah Hatch. Lonnie Ford, Michael Wailes, Richard Beck.
Meeting adjourned at 1 :41 pm.
Respectfully submitted ,
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Kristine Ranslem
Secretary
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ATTENDANCE RECORD
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13 1 20O SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, September 3, 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 Stille. Tom Cope, Lonnie Ford , Richard Beck. Skip Holland .
Absent: Bruce Johnson , Elijah Hatch .
Also Present: Kim Ogle, Chris Gathman, and Maxwell Nader, Department of Planning Services: Lauren
Light and Ben Frissell , Department of Health; Hayley Balzano and Mike McRoberts, Public Works; Bob
Choate, County Attorney, and Michelle Wall, Secretary.
CASE NUMBER: COZ19-0003
APPLICANT: CHESTER G THOMPSON
PLANNER: CHRIS GATHMAN
REQUEST: A CHANGE OF ZONE FROM THE A (AGRICULTURAL) ZONE DISTRICT TO
THE 1-3 (INDUSTRIAL) ZONE DISTRICT.
LEGAL DESCRIPTION . LOT A REC EXEMPT RE-3962. PART W2SW4 SECTION 24, T3N. R65W OF
THE 6TH P M. , WELD COUNTY, COLORADO
LOCATION. NORTH OF AND ADJACENT TO CR 30 AND APPROXIMATELY 4,525 FEET
WEST OF CR 49
Chris Gathman, Planning Services. explained staff is requesting to continue Case COZ19-0003 to the
September 17. 2019 Planning Commission hearing to address sign posting notification .
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
Motion : Continue Case COZ19-0003 to the September 17, 2019 Planning Commission hearing. Moved
by Skip Holland , Seconded by Gene Stille.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 6).
Yes : Gene Stille, Lonnie Ford . Michael Wailes, Richard Beck. Skip Holland . Tom Cope.
Meeting adjourned at 2:30 pm.
Respectfully submitted,
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Michelle Wall
Secretary
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