HomeMy WebLinkAbout20160745.tiff RESOLUTION
RE: GRANT CHANGE OF ZONE, COZ15-0003, FROM THE A (AGRICULTURAL) ZONE
DISTRICT TO THE 1-3 (INDUSTRIAL) ZONE DISTRICT-WES MOSER, INC.
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 17th day of February, 2016, at 10:00 a.m.,
in the Chambers of the Board for the purpose of hearing the application of Wes Moser, Inc., P.O.
Box 205, Fort Lupton, CO 80621, requesting a Change of Zone 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:
E1/2 of Section 25, Township 3 North, Range 65
West of the 6th P.M., Weld County, Colorado
WHEREAS, the Board deemed it necessary to continue the matter to March 9, 2016, at
the hour of 10:00 a.m., to allow the applicant to present to Planning Commission which was
rescheduled to February 23, 2016, due to inclement weather.
WHEREAS, on March 9, 2016, the applicant was represented by Tim Naylor,
AGPROfessionals, 3050 67th Avenue, Suite 200, Greeley, CO 80634, 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 - That the proposal is consistent with Chapter 22 of
the Weld County Code.
1) Section 22-2-80.A.2 (I.Policy 1.2) states: "Encourage new industrial
development within existing industrial areas." There are industrial
uses (oil and gas support and service facilities) located adjacent to
the proposed Change of Zone to the north and northwest.
2) Section 22-2-80.A.3 (I.Policy 1.3) states: "Encourage industrial
development by improving major transportation corridors." The
proposed Change of Zone is located adjacent to an existing
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transportation corridor (County Road 49) that is in the process of
being widened.
3) Section 22-6-20.C.1 (ECON.Policy 3.1) states: "County activities
and regulation should protect the rights of private property owners
and the public health, safety and welfare, recognizing that these
basic rights and protections allow the free market to prosper and
grow the local economy."The applicant is requesting a Change of
Zone to 1-3 Industrial in accordance with the Change of Zone
process outlined in the Weld County Code. This Industrial Zone
contributes to the growth of the local economy.
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, as required through the
Improvements Agreement.
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."This Change of Zone will add to
the land suitable for industrial development and support economic
development of the County. 1-3 Industrial zoning allows a
wide-range of uses that are available to businesses.
6) Section 22-2-80.F (I.Goal 6) of the Weld County Code states:
"Minimize the incompatibilities that occur between industrial uses
and surrounding properties." Should this Change of Zone be
approved and recorded, 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 and lot
coverage, noise, and lighting.
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 proposed Change of Zone site is located
adjacent to a number of industrial uses. USR15-0016 (oil and gas
transloading and storage) is located immediately to the north and west of
the site. MUSR13-0011 and MUSR14-0025 (crude oil tank farm, truck
unloading facility, oil polishing facility), and USR14-0048 (Central Oil
Stabilization Facility) are located to the north of (across County Road 30)
from the site. Two single-family residences are located to the east of the
site (across County Road 49). No phone calls or correspondence have
been received from surrounding property owners in regard to this case.
Should this Change of Zone be approved and recorded, any proposed uses
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on the site will require a Site Plan Review or a Use by Special Review
Permit (depending on the use) prior to site development. Uses will need to
meet the Industrial standards of the Weld County Code in regards to noise,
lighting, air quality, and property maintenance. Additionally, the
1-3 (Industrial)Zone District requires that outdoor storage be screened from
adjacent properties and rights-of-way.
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. Septic systems and wells will be installed at the time of
development.
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 districts. The site is adjacent to an existing collector road (County
Road 30) and an existing Arterial Road (County Road 49) that is in the
process of being widened.
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. — A portion of the proposed Change of
Zone is partially located in the 100-year floodplain. Any future
development within the floodplain will require a flood hazard
development permit.
2) Section 23-2-40.B.5.b. — According to the Geologic Evaluation
dated August 19, 2015, no economically recoverable gravel
resources at this site.
3) Section 23-2-40.B.5.c. — According to the Geologic Evaluation
dated August 19, 2015, based on evaluation of Soil Conservation
Service Maps indicate that could be used for support of lightly to
moderately industrial structures. An On-site Geotechnical Soils
Report needs to be submitted prior to recording of Site Plan Review
or Use by Special Review that includes a preliminary design for the
roads to be constructed on-site.Additionally, engineered foundation
plans along with a soils report or open hole inspection report are
required to be submitted with building permit(s).
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Wes Moser, Inc., for a Change of Zone 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 shall be amended to delineate the following:
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A. All pages of the plat shall be labeled COZ15-0003.
B. The plat shall adhere to Section 23-2-50.C and D. of the Weld County
Code.
C. All recorded easements shall be shall be shown and dimensioned on the
Change of Zone plat.
D. County Road 30 is a paved road and is designated on the Weld County
Road Classification Plan as a collector road, which requires 80 feet of
right-of-way at full buildout. An additional 10 feet shall be delineated on the
plat as future right-of-way. The applicant shall verify and delineate on the
plat the future and existing right-of-way and the documents creating the
existing right-of-way. If the existing right of way cannot be verified it shall
be dedicated. All setbacks shall be measured from the edge of future right-
of-way. This road is maintained by Weld County.
E. County Road 49 is designated on the Weld County Classification plan as
an arterial road, which typically requires 140ft of right-of-way at full build
out. Weld County is currently in the process of widening this corridor. The
alignment of the road widening project varies along the section line for the
corridor. Contact Public Works for the location of the existing and future
right of way and easements and delineate these on the map.
F. The Subdivision Exemption boundary (if recorded prior to the change of
zone plat) for SUBX15-0023 shall be shown.
G. Show the 50-foot access easement along the property line adjacent to the
Magellan USR.
H. Add access easement across property from County Road 49 to the
Magellan property.
I. Show a 60-foot turning radius as required on all accesses to Public Roads
to accommodate truck traffic.
J. Show and label the approved accesses (AP#15-00502).
K. Show the floodplain and floodway (if applicable) boundaries on the map.
Label the floodplain boundaries with the FEMA Flood Zone and FEMA Map
Panel Number or appropriate study.
2. The following notes shall be delineated on the Change of Zone plat:
A. The Change of Zone allows for 1-3 (Industrial) uses which shall comply with
the 1-3 (Industrial) Zone District requirements as set forth in Chapter 23,
Article III, Division 5, of the Weld County Code.
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B. Any access to County Road 49 will need to adhere to the Weld County
Road 49 Access Management Plan.
C. The operation shall comply with all applicable rules and regulations of the
state and federal agencies and the Weld County Code.
D. Any future structures or uses on the site must obtain the appropriate zoning
and building permits.
E. Water service will be obtained from an individual well or public water, if
available.
F. 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.
G. Language for the preservation and/or protection of the absorption field shall
be placed on the plat. The note shall state: "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."
H. 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 the Weld County Health Department, a
Fugitive Dust Control Plan must be submitted.
I. If land development creates more than a 25-acre contiguous disturbance,
or exceeds six (6) months in duration, the responsible party shall prepare
a Fugitive Dust Control Plan, submit an Air Pollution Emissions Notice, and
apply for a permit from the Colbrado Department of Public Health and
Environment.
J. A Stormwater Discharge Permit may be required for a development/
redevelopment/construction site where a contiguous or non-contiguous
land disturbance is greater than or equal to one (1) acre in area. Contact
the Water Quality Control Division of the Colorado Department of Public
Health and Environment at www.cdphe.state.co.us/wq/PermitsUnit for
more information.
K. The property owner shall control noxious weeds on the site.
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L. The historical flow patterns and runoff amounts will be maintained on the
site.
M. An Improvements and Road Maintenance Agreement will be required as
part of a Site Plan Review, Use by Special Review, or Subdivision
application.
N. Building permits shall be obtained prior to the construction of any new
building. A plan review is required for each building. Plans shall bear the
wet stamp of a Colorado registered architect or engineer. Two complete
sets of plans are required when applying for each permit.
O. Buildings or 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: 2012 International Codes,
International Energy Code, 2006 International Fuel Gas Code, 2014
National Electrical Code, 2003 ANSI 117.1 Accessibility Code and
Chapter 29 of the Weld County Code.
P. 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-1975E, effective January 20, 2016 (Box Elder 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.
Q. Building Permits issued on the proposed lots will be required to adhere to
the fee structure of the County-Wide Road Impact Fee Program.
R. Building Permits issued on the proposed lots will be required to adhere to
the fee structure of the County Facility Fee and Drainage Impact Fee
Programs.
S. 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.
T. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld
County has some of the most abundant mineral resources, including, but
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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 andperson moving into these areas
p 9
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 resources.
U. 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 9th day of March, A.D., 2016.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: �( /� ` (nei
„i Syr•`__ , G► ��C_..(+�D l,C
���/ Mike Freeman, Chair
Weld County Clerk to the Board
• Co way, Pro-T m
BY: . 1 / �i .
�. O
!•uty Clerk to the =•'"•�y '��
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A. . .OV FORtt6t -,,�:, - .rr
arbara Kirkmeyer
o y Attorneyjej2,4:71
Steve Moreno
Date of signature: _
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