HomeMy WebLinkAbout20193950.tiffRESOLUTION
RE: GRANT CHANGE OF ZONE, COZ19-0001, FROM THE R-1 (LOW DENSITY
RESIDENTIAL) ZONE DISTRICT AND A (AGRICULTURAL) ZONE DISTRICT TO THE
A (AGRICULTURAL) ZONE DISTRICT - GLOBAL ASSET RECOVERY, 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 11th day of September, 2019, at 10:00 a.m.,
in the Chambers of the Board for the purpose of hearing the application of Global Asset
Recovery, LLC, 6530 Constitution Dr., Fort Wayne, Indiana 46804, requesting a Change of Zone,
COZ19-0001, from the R-1 (Low Density Residential) Zone District and A (Agricultural) Zone
District to the A (Agricultural) Zone District, for a parcel of land located on the following described
real estate, to -wit:
Lot A of Recorded Exemption, RECX16-0165; and
Lot B of Recorded Exemption, RE -1638; being part
of the NE1/4 of Section 4, Township 5 North, Range
65 West of the 6th P.M., Weld County, Colorado
WHEREAS, the applicant was represented by J.C. York, J and T Consulting, 305 Denver
Avenue, Suite 305, Fort Lupton, Colorado 80621, 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 23-2-40.6 of the Weld County Code
as follows:
A. Section 23-2-40.6.1 — That the proposal is consistent with Chapter 22 of
the Weld County.
1) 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
PLCKo/TP),Pc f,(MI-O, EHcc.L),
CRfsc.),G.PPL R£P
10 108-11,
2019-3950
PL2701
CHANGE OF ZONE (COZ19-0001) - GLOBAL ASSET RECOVERY, LLC
PAGE 2
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.
3) 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
U.S. 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 the
Comprehensive Plan, entitled Imagine Greeley Comprehensive
Plan, adopted on February 6, 2018. The associated Land Use
Guidance map designates lands east of U.S. 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 the Comprehensive Plan in
2016, and developed a three (3) 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.
4) 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 (C. R. S. §34-1-305) ". Weld
County adopted a Right to Extract Minerals Statement, which is
based on the State of Colorado Legislative declaration for the
preservation of commercial mineral deposits stating: "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
2019-3950
PL2701
CHANGE OF ZONE (COZ19-0001) - GLOBAL ASSET RECOVERY, LLC
PAGE 3
property. Additionally, the quality of life of County citizens will be
preserved, as the subject Change of Zone and associated mine
expansion will be in areas that are already heavily mined, rather
than being located in areas that are currently free from mining.
5) 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.
6) 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 onsite. 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 Use by Special Review Permit conditionally approved
by the Board of County Commissioners.
B. Section 23-2-40.6.2 — 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 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
2019-3950
PL2701
CHANGE OF ZONE (COZ19-0001) - GLOBAL ASSET RECOVERY, LLC
PAGE 4
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) 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 (Agricultural)
have a Use by Special Review 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, nor is otherwise hazardous
to the flight of aircraft in landing or taking off at the airport.
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
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.
Section 23-2-40.B.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 (AP16-400450) 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 23-2-40.6.5 — 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 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, but not
2019-3950
PL2701
CHANGE OF ZONE (COZ19-0001) - GLOBAL ASSET RECOVERY, LLC
PAGE 5
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 84.5 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 2.5 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.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Global Asset Recovery, LLC, for a Change of Zone,
COZ19-0001, from the R-1 (Low Density Residential) Zone District and A (Agricultural) Zone
District to the A (Agricultural) 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. 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.
2019-3950
PL2701
CHANGE OF ZONE (COZ19-0001) - GLOBAL ASSET RECOVERY, LLC
PAGE 6
C. The plat shall be amended to delineate the following:
1) All pages of the plat shall be labeled COZ19-0001.
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) 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 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.
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 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 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 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.
2019-3950
PL2701
CHANGE OF ZONE (COZ19-0001) - GLOBAL ASSET RECOVERY, LLC
PAGE 7
7) The applicant shall 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.
8) The applicant shall show and label a minimum 30 -foot wide access
and utility easement to provide legal access to the parcel on the
plat, if applicable.
9) The applicant shall show the floodplain and floodway (if applicable)
boundaries on the map. The applicant shall label the floodplain
boundaries with the FEMA Flood Zone and FEMA Map Panel
Number or appropriate study.
D. The following notes shall be delineated on the Change of Zone plat:
1) The Change of Zone is 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.
2) Water service may be obtained from the North Weld County Water
District.
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.
4) 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.
5) The property owner or operator shall be responsible for controlling
noxious weeds on the site, pursuant to Chapter 15, Articles I and II,
of the Weld County Code.
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.
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
2019-3950
PL2701
CHANGE OF ZONE (COZ19-0001) - GLOBAL ASSET RECOVERY, LLC
PAGE 8
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.
8) Access on the site shall be maintained to mitigate any impacts to
the public road, including damages and/or off -site tracking.
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.
10) The historical flow patterns and runoff amounts will be maintained
on the site.
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 #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, but not
limited to, buildings or other structures, mining, dredging, filling,
grading, paving, excavation, drilling operations, or storage of
equipment and materials.
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.
13) The operation shall comply with all applicable rules and regulations
of the state and federal agencies and the Weld County Code.
14) Any future structures or uses onsite must obtain the appropriate
zoning and building permits.
15) 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
2019-3950
PL2701
CHANGE OF ZONE (COZ19-0001) - GLOBAL ASSET RECOVERY, LLC
PAGE 9
Report, performed by a Colorado registered engineer, shall be
required or an Open Hole Inspection.
16) 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.
17) 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 stated herein and
all applicable Weld County regulations.
18) 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.
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.
2019-3950
PL2701
CHANGE OF ZONE (COZ19-0001) - GLOBAL ASSET RECOVERY, LLC
PAGE 10
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 11th day of September, A.D., 2019.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, CO ORADO
ATTEST: dstitiA)
Weld County Clerk to the Board
BY:
Deputy Clerk to the Boar
APPROV,D AS
orney
Date of signature: OGI S/i 3
Mike Freeman, Pro -Tern
arbara Kirkmeye , Chair
C
Sean P. Conway
James
Steve Moreno
AYE
(AYE)
NAY
(AYE)
(AYE)
2019-3950
PL2701
Hello