HomeMy WebLinkAbout20183359.tiffRESOLUTION
RE: GRANT CHANGE OF ZONE, COZ18-0004, FROM THE 1-3 (INDUSTRIAL) ZONE
DISTRICT AND A (AGRICULTURAL) ZONE DISTRICT TO THE 1-3 (INDUSTRIAL)
ZONE DISTRICT - NGL WATER SOLUTIONS DJ, 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 31st day of October, 2018, at 10:00 a.m., in
the Chambers of the Board for the purpose of hearing the application of NGL Water Solutions DJ,
LLC, 3773 Cherry Creek N Drive, Suite 1000, Denver, Colorado 80209, requesting a Change of
Zone, COZ18-0004, from the 1-3 (Industrial) Zone District and 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 B of the 2nd Corrected Recorded Exemption,
2nd CORR RE -3362; being part of the NE1/4 of
Section 30, Township 1 North, Range 66 West of the
6th P.M., Weld County, Colorado
WHEREAS, the applicant was represented by Doug White, 3773 Cherry Creek North
Drive, Denver CO, 80209, 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 23-2-40.6.1. - The proposal is consistent with Chapter 22 of the
Weld County.
1) Section 22-2-20.G.3 (A.Policy 7.3) states: "Conversion of
agricultural land to urban residential, commercial and industrial
uses should be considered when the subject site is located inside
an Intergovernmental Agreement area, Urban Growth Boundary
area, Regional Urbanization Area or Urban Development Nodes, or
where adequate services are currently available or reasonably
obtainable. A municipality's adopted comprehensive plan should be
considered, but, should not determine the appropriateness of such
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conversion." The City of Fort Lupton adopted a Three Mile Area
Plan in January, 2018, that provides criteria to be considered when
determining which lands near the City might be desirable for
annexation. The proposed change of zone parcel is located in
Quadrant IV, south of County Road 6, outside of the Fort Lupton
City Limits and is without a designation including "lnfill."The City of
Fort Lupton Comprehensive Plan, adopted May, 2018, identifies
County Road 6 as the Brighton IGA Annexation Boundary Line. The
Brighton agreement, signed in 2009, defines a growth boundary line
between the municipalities in an effort to promote sustainable
development and avoid duplication of resources. The Future Land
Use Map identifies lands adjacent to U.S. Highway 85 between
County Road 8 and County Road 2 west of County Road 27 as Park
and Open Space and yet the Annexation Strategy presented in the
Comprehensive Plan does not include any lands south of County
Road 6. Community identify is an important element to create a
positive image to the City and to welcome individuals to a
community, the southern gateway to the City is identified as County
Road 8 at U.S. Highway 85 and at County Road 8 and County Road
27, North Main Street. The City of Brighton developed a Future
Land Use Plan as part of the 2016 Comprehensive Plan. Their
Future Land Use Plan identifies appropriate future mix of uses and
development intensity for a specific area. For example, the area
east of U.S. Highway 85 and north of 168th Avenue is assigned an
Employment Industrial land use designation to encourage that land
be retained for a mix of offices, flex -office, and light industrial uses
such as regional headquarters for energy companies. Further east
of Main Street the designation changes to Industrial to
accommodate heavier industries such as manufacturing and
outdoor assembly and storage in closer proximity to rail. The City of
Brighton Community Development Map identifies County Road 27
(North Main Street and County Road 6 (Crown Prince Boulevard)
between State Highway 85 and west of County Road 31 as
annexed and maintained by the City. For all lands annexed by the
City of Brighton industrial zoning and industrial uses are prevalent.
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.
2) Section 22-2-80.A.2 (I.Policy 1.2) states: "Encourage new industrial
development within existing industrial areas." The property has a
split zone district with approximately 19 acres zoned Industrial via
Change of Zone No. 45, approved on October 23, 1963, with the
remaining 35 acres zoned Agriculture. The proposed Change of
Zone is adjacent to U.S. Highway 85 to the west and County Road
27 (N. Main Street) to the east and adjacent to lands annexed by
the City of Brighton in 2014. The lands adjacent to or surrounding
this property are either zoned Industrial or have industrial related
uses permitted on the property.
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3) Section 22-2-80.F (I.Goal 6) states: "Minimize the incompatibilities
that occur between industrial uses and surrounding properties."
Should this Change of Zone be approved, any proposed uses on
the site will require a Site Plan Review or a Use by Special Review
permit (depending on the use) prior to developing the site. Uses will
need to meet the Industrial Operational and Design Standards
delineated in Sections 23-3-340 and 23-3-350 of the Weld County
Code. These standards address drainage, parking, loading,
setbacks, landscaping, lot coverage, noise, lighting, et cetera.
4) Section 22-2-80.D (I.Goal 4) states "All new industrial development
should pay its own way." The applicant will be responsible for
covering all costs for all on -site and any applicable off -site
improvements associated with this use.
5) Section 22-6-20.E (ECON.Goal 5) states: "Recognize and promote
specific places and resources in the County that can uniquely
support economic development." If approved, the change of zone
will expand the existing 1-3 Industrial Zoning creating a parcel of
land that is a "shovel -ready" industrial site, where primary job
providers would be able to develop and promote the expansion and
diversification of the Industrial economic base.
6) Section 23-3-330.A states: "Intent. The purpose of the 1-3 Zone
District is to provide a zone to accommodate industrial uses which
may create adverse visual impacts for adjacent uses. As a result,
such uses may require locations relatively isolated from other land
use types." Depending on the use, no land, building or structure
shall be used, changed in use or type of occupancy, developed,
erected, constructed, reconstructed, moved or structurally altered
or operated in any zone district that requires a Site Plan Review
(SPR) or a Special Use Permit (USR) until a Site Plan Review has
been approved by the Department of Planning Services or a Use
by Special Review Permit (USR) has been approved by the Board
of County Commissioners.
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. Lands to the north and southeast were re -zoned to
1-3 (Industrial) under CZ -1028 and CZ -1029 on November 5, 2003.
Adjacent properties zoned Agriculture have Special Use Permits for
industrial uses, including a commercial junkyard and salvage yard
(COPART Inc.); Oil and Gas Support and Service, including the storage of
explosives, truck and equipment parking and equipment maintenance (Ken
Shannon); lands immediately adjacent to the south were permitted for a
maintenance shop, outdoor storage of equipment and materials
(ARNHEIM, Inc.) and was annexed into the City of Brighton on January 13,
2014.
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C. Section 23-2-40.6.3. - Adequate water and sewer service can be made
available to the site to serve the uses permitted within the proposed zone
district. Water will be provided by a commercial well (DWR Permit 309599).
On -site Wastewater Treatment System (OWTS) will provide sewer
services for development of the property.
D. 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 district. The site has a historic point of ingress and egress and is
adjacent to County Road 27 (North Main Street). This portion of Main Street
is under the jurisdiction of the City of Brighton.
E. Section 23-2-40.B.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 23-2-40.B.5.a - The parcel is located outside of the
100 -year floodplain.
2) Section 23-2-40.B.5.b - The Terracon Geotechnical Engineering
Report, dated April, 2018, indicated the subsurface conditions
consisted of up to three (3) feet of sandy lean clay over well -graded
sand with silt and gravel. The economic viability of resource is
unknown on this property. 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 23-2-40.B.5.c. - The Terracon Geotechnical Engineering
Report, dated April, 2018, indicated lean clay soils were
encountered within three 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 6 aggregate base course. An
On -site area specific for development of the site, Geotechnical Soils
Report needs to be submitted prior to recording of Use by Special
Review Permit (USR) that includes a preliminary design for the
roads and foundations to be constructed on the site.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of NGL Water Solutions DJ, LLC, for a Change of Zone,
COZ18-0004, from the 1-3 (Industrial) Zone District and 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:
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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.
C. The applicant shall attempt to address the requirements of the City of
Brighton as stated in the referral response dated June 25, 2018. Evidence
of such shall be submitted, in writing, to the Weld County Department of
Planning Services.
D. The applicant shall attempt to address the concerns of the Fulton Irrigation
Company, with evidence submitted to the Department of Planning
Services.
E. The plat shall be amended to delineate the following:
1) All pages of the plat shall be labeled COZ18-0004.
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) Existing accesses shall be delineated on the plat.
5) County Road 27 (North Main Street) has been annexed at this
location. The applicant shall verify the existing right-of-way and the
documents creating the right-of-way and this information shall be
noted on the plat. All setbacks shall be measured from the edge of
future right-of-way. If the right-of-way cannot be verified, it shall be
dedicated. This road is maintained by the City of Brighton.
6) Show any future accesses on the plat and label with the approved
access permit number, if applicable.
F. The following notes shall be delineated on the Change of Zone plat:
1) The Change of Zone, COZ18-0004, allows for 1-3 (Industrial) uses
which shall comply with the Industrial Zone District requirements as
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set forth in Chapter 23, Article III, Division 4 of the Weld County
Code.
2) Water service may be obtained from a permitted commercial well.
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
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) The historical flow patterns and runoff amounts will be maintained
on the site.
7) The operation shall comply with all applicable rules and regulations
of the state and federal agencies and the Weld County Code.
8) Any future structures or uses on the site must obtain the appropriate
zoning and building permits.
9) Building permits may be required, per Section 29-3-10 of the Weld
County Code. Currently, the following have been adopted by Weld
County: 2012 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
Report, performed by a Colorado registered engineer, shall be
required or an Open Hole Inspection.
10) Building Permits issued on the proposed lots will be required to
adhere to the fee structure of the County -Wide Road Fee Impact
Fee County Facility Fee, and Drainage Impact Fee Programs.
11) 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
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property comply with the Conditions of Approval and Development
Standards stated herein and all applicable Weld County
regulations.
12) 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.
13) 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.
3. Upon completion of Conditions of Approval 1. and 2. above, the applicant shall
submit one (1) electronic copy (.pdf) of the Change of Zone 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 the Department of Planning Services.
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. In accordance with Weld County Code Ordinance #2012-3, approved April 30,
2012, should the Change of Zone plat not be recorded within the required one
hundred twenty (120) days from the date of the Board of County Commissioners
Resolution, a $50.00 recording continuance charge shall be added for each
additional three (3) month period.
5. The Department of Planning Services respectfully requests a digital copy of this
Use by Special Review, as appropriate. Acceptable format is a projected ESRI
shapefile (.shp, .shx, .dbf, .prj) with a defined coordinate system (i.e., NAD 1983
UTM Zone 13N, WGS 1984, NAD 1983 HARN StatePlane Colorado North FIPS
0501 (US Feet).... etc.). This digital file may be sent to maps@co.weld.co.us
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The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 31st day of October, A.D., 2018.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
Weld County Clerk to the Board
BY:
APP
Deputy CI
*Board
ounty torney
Date of signature: 12/1 /18
ike Freeman
St
e Moreno, Chair
arbara Kirkmeyer, Pro Tern
an P. Conway
. Cozad
YY
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