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I .� >_ ��. ^I � � � e�wr'`,`o w $ - — �=� �m _ � , �. �� p a/;� �� =� - � �� !�B� �'` � �� c� � � �� + I 3,I �� y� g$� a RESOLUTION RE: GRANT CHANGE OF ZONE, COZ15-0002, FROM THE A (AGRICULTURAL) ZONE DISTRICT TO THE 1-3 (INDUSTRIAL) ZONE DISTRICT- M2 LANDCO, LLC, C/O ERIK HALVERSON 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 16th day of September, 2015, at 10:00 a.m., in the Chambers of the Board for the purpose of hearing the application of M2 Landco, LLC, 252 Clayton Street, 4th Floor, Denver, CO 80206, do Erik Halverson, 2005 Howard Smith Drive East, Windsor, CO 80550, 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: Lot B of Amended Recorded Exemption, AMRE-833, being part of the E1/2 NE1/4 of Section 25, and part of the W1/2 NW1/4 of Section 30, all being in Township 6 North, Range 66 West of the 6th P.M., Weld County, Colorado WHEREAS, the applicant was present, 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 23-2-30.B.1 - That the proposal is consistent with Chapter 22 of the Weld County. 1) Section 22-2-80.A (I.Goal 1) states: "Promote the location of industrial uses within municipalities, County Urban Growth Boundary areas, Intergovernmental Agreement urban growth areas, growth management areas as defined in municipalities' comprehensive plans, the Regional Urbanization Areas, Urban Development Nodes, along railroad infrastructure or where adequate services are currently available or reasonably obtainable." The proposed Change of Zone is located adjacent to 2015-2965 PL2371 CHANGE OF ZONE (COZ15-0002) - M2 LANDCO, LLC, C/O ERIK HALVERSON PAGE 2 the City of Greeley's corporate limits. The site is adjacent to the Great Western Rail Road, which borders the site along the northern property boundary and it is also in the North Greeley Rail Corridor Subarea. Vestas Blades America, Inc., is located to the west of the site in an industrial subdivision in the Town of Windsor and Owens-Illinois (Brockway Glass Container, Inc.) is also west of the site. Adequate services are considered reasonably obtainable. 2) Section 22-2-70.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. 3) Section 22-2-70.B (I.Goal 2) states: "Encourage appropriate industrial development to annex into a municipality if the new or expanding industrial development is adjacent to the municipality's corporate limits."The proposed Change of Zone is located adjacent to the City of Greeley's corporate limits. The City of Greeley has annexed the land adjacent to the east and west of the site and those properties are zoned Industrial Medium Intensity, per the City of Greeley. The applicant had a meeting with the City of Greeley and discussed the option of future annexation. 4) Section 22-2-80.C (I.Goal 3) states: "Consider how transportation infrastructure is affected by the impacts of new or expanding industrial developments." Section 22-2-80.G (I.Goal 7) states: "Recognize the importance of railroad infrastructure to some industrial uses." The site is adjacent to the Great Western Rail Road, which borders the site along the northern property boundary and it is also in the North Greeley Rail Corridor Subarea. 5) Section 22-6-20.C (ECON.Goal 3) states: "Structure land use policies and regulations so that they encourage County-wide economic prosperity and economic growth." 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." Section 22-6-20.E (ECON.Policy 5.1) states: "The County should encourage an adequate supply of both services and land suitable for industrial development and redevelopment."This Change of Zone will add to the land suitable for industrial development and support economic development. B. Section 23-2-30.B.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. Any proposed use in the 1-3 Industrial Zone District will require either a Site Plan Review(if a Use by Right) or a Use by Special Review Permit. Depending on the uses proposed, a buffer may be 2015-2965 PL2371 CHANGE OF ZONE (COZ15-0002) - M2 LANDCO, LLC, C/O ERIK HALVERSON PAGE 3 required between the residential development to the north and the subject property. C. Section 23-2-30.B.3 - Adequate water and sewer service can be made available to the site to serve the uses permitted within the proposed zone district. According to the referral comments from the Department of Public Health and Environment, North Weld County Water District will provide water. Sewage disposal will be handled by an on-site wastewater treatment system (septic system). Septic systems will be evaluated at the time of Site Plan Review and prior to the issuance of a Building Permit. D. Section 23-2-30.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 current access points are not changing. The subject property has an access off of CR 23.75 with an approved Access Permit Number, AP #15-00088. The application materials are not proposing any development on the site and the site is primarily vacant land. When development is proposed for the site, the roads may require improvements. The City of Greeley has indicated that their 2035 Transportation Plan classifies County Roads 64.5 and 23.75 as two-lane minor-arterial roadways requiring a 100 feet total public right-of-way (50 feet half right-of-way). The Department of Planning Services is recommending that this future right-of-way be delineated on the plat. E. Section 23-2-30.B.5- In those instances where the following characteristics are applicable to the re-zoning request, the applicant has demonstrated compliance with the applicable standards: 1) Section 23-2-30.B.5.a — The proposed Change of Zone is not located within an Overlay District. The site will be located in a Special Flood Hazard Area (Zone A) according to the recently FEMA accepted DFIRMs, effective on January 20, 2016. A Flood Hazard Development Permit will be required for any development in the floodplain. 2) Section 23-2-30.B.5.b — The Weld County Sand and Gravel Resources Map identifies this area as Unevaluated Aggregate — Stream Terrace deposits (T4). Unevaluated Aggregate is classified as coarse and fine aggregate resources that were not evaluated because of inadequate exposures, lack of drill-hole data, location, access, poor potential, areal extent, or a prior land use that excludes the possibility of recovering aggregate. According to the Mineral and Soil Study prepared by Earth Engineering Consultants, LLC, dated May 5, 2015, and signed and stamped by a Professional Engineer, the property is not suitable for sand and gravel operations or mineral extraction. The proposed Change of Zone will not preclude or prohibit the future extraction of a mineral deposit such as oil and gas. 2015-2965 PL2371 CHANGE OF ZONE (COZ15-0002) - M2 LANDCO, LLC, C/O ERIK HALVERSON PAGE 4 3) Section 23-2-30.B.5.c — The West Greeley Soil Conservancy District referral response dated August 10, 2015, recommends that the applicant do an on-site soil test prior to any construction. Additionally, the West Greeley Soil Conservancy District states that the two primary soil types on the site have slight to moderate limitations for dwellings with or without basements and small commercial buildings. The Mineral and Soil Study prepared by Earth Engineering Consultants, LLC, dated May 5, 2015, states that the near surface soils at this site appear to range from low plasticity clay and clayey sand soils to non-plastic granular sands with varying amount of silt. Areas of non-cohesive to low cohesive materials exist on the parcel and may be susceptible to erosion. A geotechnical investigation should be conducted at each proposed building site to identify if these conditions exist. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application of M2 Landco, LLC, do Erik Halverson, 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. The plat shall be amended to delineate the following: A. All pages of the plat shall be labeled COZ15-0002. B. The plat shall adhere to Section 23-2-50.C and D of the Weld County Code. C. Show and label all easements with the recorded document reception number and date. D. The City of Greeley has indicated that their 2035 Transportation Plan classified County Roads 64.5 and 23.75 as 2-lane minor-arterial roadways requiring a 100 feet total public right-of-way (50 feet half right-of-way). The applicant shall delineate the 20-foot future right-of-way. E. Show and label the approved access with the Access Permit, #AP15-00088. 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 4, of the Weld County Code. B. The operation shall comply with all applicable rules and regulations of the state and federal agencies and the Weld County Code. C. All surrounding property owners in the Hillcrest Subdivision, the property owner(s) located at 12242 CR 66, Greeley, CO 80631, and the surrounding 2015-2965 PL2371 CHANGE OF ZONE (COZ15-0002) - M2 LANDCO, LLC, C/O ERIK HALVERSON PAGE 5 property owners within 500 feet of the original parcel shall be notified of any Site Plan Review applications. D. At the time of Site Plan Review, buffering and screening will be required along CR 64.5, CR 23.75, and between the site and Hillcrest Subdivision to the north. E. At the time of Site Plan Review, the applicant shall submit a Traffic Impact Study. F. 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-1504E that will be effective January 20, 2016 (John Law Ditch 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. G. Should noxious weeds exist on the property, or become established as a result of the proposed development, the applicant/landowner shall be responsible for controlling the noxious weeds, pursuant to Chapter 15, Articles I and II, of the Weld County Code. H. The historical flow patterns and runoff amounts will be maintained on the site. Water service shall be obtained from North Weld County Water District. J. This parcel is not served by a municipal sanitary sewer system. Sewage disposal shall 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. K. Activity or use on the surface of the ground over any part of the On-site Wastewater Treatment System 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. M. 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 2015-2965 PL2371 CHANGE OF ZONE (COZ15-0002) - M2 LANDCO, LLC, C/O ERIK HALVERSON PAGE 6 wet stamp of a Colorado registered architect or engineer. Two (2) complete sets of plans are required when applying for each permit. N. 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 2011 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. O. 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. P. 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 notes stated herein and all applicable Weld County regulations. Q. 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. R. 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) 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 2015-2965 PL2371 CHANGE OF ZONE (COZ15-0002) - M2 LANDCO, LLC, C/O ERIK HALVERSON PAG E 7 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. 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 #2012-3, approved April 30, 2012, should the 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 added for each additional three (3) month period. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 16th day of September, A.D., 2015. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, C LORADO � ATTEST:C� �� ( . �� ~��(l�- ��-f�'� �=��- U,,Q��st�/ Q►% �•� , arbara Kirkmeyer Chair Weld County Clerk to the Board �� -�� t.ti-1'e-c. � " Mike Freeman, Pro-Tem BY: � `� uty Clerk to the oar �� • an P. Conway � i , IE61 � / AP E FORM: � ,_`.. -�I�.C�r ( � �-,p . Cozad ' � V�Y , � C fsunty Attorney 1� �i�-'�-��'---�^�� / Steve Moreno Date of signature: �� 2015-2965 PL2371 Hello