HomeMy WebLinkAbout20241001.tiffEXHIBIT
Before the Weld County, Colorado, Planning Commission
Resolution of Recommendation to the Board of County Commissioners
Moved by Michael Wailes, 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:
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Case Number:
Applicant:
Planner:
Request:
Legal Description:
Location:
COZ23-0005
Robert L. Seltzer Family, LLC
Diana Aungst
Change of Zone from the A (Agricultural) Zone District to the C-3 (Business
Commercial) Zone District.
Lot B Lot Line Adjustment, LLA21-0033; being part of the S1/2 of Section 34,
Township 1 North, Range 67 West of the 6th P.M., Weld County, Colorado.
East of and adjacent to County Road 19: north of and adjacent to County Road 2.
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 [Comprehensive Plan] of
the Weld County Code.
Section 22-2-30.8 states: "Locate urban development in urban areas."
Section 22-2-30. 8.1 states: "Encourage annexation of urban -scale development. Zone changes
and subdivisions within one -quarter mile of municipal limits are strongly discouraged. Property
owners who want to rezone or subdivide their property are encouraged to contact the
municipality about annexation."
The property is located more than one (1) mile from the nearest municipality. This Change of
Zone is consistent with the Section 22-2-30.B.1. because the closest municipality is more than
one (1) mile from the site.
Section 22-2-30. 8.2 states: "Urban -scale development shall only be placed where urban
services, including public water, are available."
Todd Creek Village Metropolitan District (TCVMD) submitted a Will Serve letter dated September
7, 2023. TCVMD will provide water to the site.
Per the Weld County Department of Public Health and Environment, referral dated January 29.
2024, an on -site wastewater treatment system (OWTS) will serve the site.
Section 22-2-40.A. states: "Support compatible economic development opportunities."
This site is in a Weld County Opportunity Zone. The location of the site is consistent with the
Comprehensive Plan's intent to place commercial businesses within one-half mile of an
intersection of a collector and an arterial road.
Section 22-4-10.8.1. the Weld County Opportunity Zone criteria, states that zone changes to
commercial and industrial are preferred in select areas of the County. Specifically, within one-half
(1/2) mile of collector/arterial intersections.
This property is located within the one-half mile (1/2) of the intersection of County Road 2 and
County Road 19 therefore it is within a Weld County Opportunity Zone as defined by the
Comprehensive Plan. The Comprehensive Plan states that zone changes to commercial and
industrial are preferred in the Opportunity Zones.
Section 22-2-30. C. states: "Harmonize development with surrounding land uses..,
Resolution COZ23-0005
Robert L Seltzer Family, LLC
Page 2
The properties to the north and east are owned by the applicant Any proposed commercial uses
are required to screen all outdoor storage from all other properties except those properties that
are zoned 1-3 (Heavy Industrial) The property to the north was recently rezoned to C-3 (Business
Commercial) under case #COZ23-0002 Additionally, the property directly to the west of County
Road 19 (across the street from the subject property) was rezoned to C-3 (Business
Commercial) under case #COZ22-0010 The site is currently vacant land
B 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 adjacent surrounding lands to the north and west are zoned C-3 (Business Commercial) and
the property to the east is zone A (Agricultural), and the property to the south is locate in Adams
County The properties to the north and east are owned by, Robert L Seltzer Family, LLC, the
owner of the subject property
The land uses include rural residential, agricultural, and a self -storage facility that is surrounded
by the subject property approved under USR17-0067 There is a C-3 (Business Commercial)
zoned property directly west of the site, on the west side of County Road 19, approved under
case #COZ22-0010
There are twelve (12) USRs within one (1) mile of the site USR-1063 and USR-1077 are for 24 -
inch natural gas pipelines Amended AMUSR-256 and USR21-0017 are for oil and gas support
and service facilities MUSR12-0013 fora Class II oilfield waste disposal facility, USR19-0019 for
a storage and staging yard for oil and gas equipment, USR-1376 for a landscaping business,
USR18-0128 fora contractor shop, USR17-0032 fora greater than 12 -inch high-pressure natural
gas pipeline, Fourth Amended 4MUSR22-87-778 for oil and gas support and service, USR12-
0022 for a RV and Boat facility, and USR17-0067 fora self -storage facility
The site is located within the three (3) mile referral area for the Cities of Northglenn, Dacono, and
Brighton as well as Adams County Adams County and the City of Brighton did not return referral
agency comments
The Cities of Dacono and Northglenn submitted referral agency comments stating no concerns
both dated January 8, 2024
The current land use on the south side of County Road 2 (168"' Avenue) is a well pad with about
thirty (30) wells via Adam's County case #s USR2018-00002, USR2022-00007 and USR2022-
00009 Additionally, the Pioneer Water Pipeline via Adam's County case # RCU2020-00004 was
approved for this area The Adam's County Future Land Use Map adopted in 2012 depicts the
properties as Estate Residential and the proposed 2022 revised Future Land Use Map states
that the density for these properties is proposed to be about six (6) dwelling units per acre
designated as Residential Low
The subject site is not located within a Coordinated Planning Agreement (CPA) boundary of any
municipality
On January 8, 2024, the Department of Planning Services sent notice to seven (7) surrounding
property owners within 500 -feet of the subject parcel Four (4) surrounding property owners
responded with objections to this Change of Zone One (1) of the surrounding property owners is
within the 500 -foot buffer while the other three (3) are outside the buffer zone The concerns
outlined in the letters include property values, [agricultural] way of living, lack of existing
infrastructure, removal of land from agricultural uses, the addition of more of the same
[businesses], uncertainty of what can be built on the site, increased traffic, eroding of the integrity
of residential/agricultural community
The site in a Weld County Opportunity Zone which is a preferred site for rezoning to commercial
and industrial Any future commercial/industrial uses will have to be approved through a Site Plan
Resol ution` COZ23-0005
Robert L Seltzer Family, LLC
Page 3
Review, Use by Special Review, or a Zoning Permit process Site Plan Review and Use by
Special Review applications are sent to referral agencies and, with the Use by Special Review
and Zoning Permit processes, also sent to the surrounding property owners for comment The
Conditions of Approval and Development Standards applied to both this Change of Zone and any
future Site Plan Review or Use by Special Review permits will adequately address and mitigate
' potential impacts \
' C 23-2-30 A 3 — That adequate water and sewer service can be made available to the site to serve
,the uses permitted within the proposed zone district_
Todd Creek Village Metropolitan District (TCVMD) submitted a Will Serve letter dated September
' 7, 2023 TCVMD will provide water to the site '
Per the Weld County Department of Public Health and Environment, referral dated January 29,
2024, an on -site wastewater treatment system (OWTS) will serve the site
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
Per the referral dated February 1,- 2024, from the Department,, of Planning Services —
Developinent Review County Road 19 is an arterial road and County Road 2 is a collector road
These two roads meet the criteria specified in Section 23-2-30 A 4 and Section 23-2-40 B 4 for
change of zone in that these are paved roads ,
This portion of County Road 2 is under the jurisdiction of the(Adams County Weld County has
right-of-way on the north side of County Road 2
The subject parcel has a, permitted shared, commercial access point 'onto County Road 2 via
AP18-00749 This access point is shared by Lots A and B of LLA21-0033 Lot A uses an access
easement to cross Lot B (reception # 4590240) The subject parcel has a permitted commercial
access point onto County Road 19 via AP12-00370 -
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 — If the proposed Change of Zone is located within any' Overlay
District identified by 'maps officially adopted by ,the County, that the applicant has
demonstrated compliance with the County regulations concerning Overlay Distncts
Compliance maybe demonstrated in a previous public hearing or in the hearing concerning
the rezoning application
The proposed Change of Zone (COZ) site is not located within any overlay district officially
adopted by the County, including A -P (Airport) Overlay District, I-25, Overlay District,
Geologic Hazard Overlay District, MS4 - Municipal Separate Storm Sewer,System area,
Special Flood Hazard Area, Historic Townsites, Overlay District, or Agricultural Heritage
Overlay District
2) Section 23-2-30 A 5 b - That the proposed rezoning will not permit the use of any area
known t000ntarn a commercial mineral deposit in a manner which would interfere with the
present or future extraction of such deposit by an extractor to any greater extent than under
the present zoning of the property
The proposed zoning will not interfere with the future extract of mineral deposits anymore
that the existing zoning The Geologic Hazards and Mineral Resources Report from Earth
Engineering Consultants, LLC, dated September 29, 2023, submitted in the application
materials, state that no sources of critical minerals are inferred at this site and no significant
resources of sand and gravel exist below ground surface It goes on to state that oil/gas
Resolution COZ23-0005
Robert L Seltzer Family, LLC
Page 4
facilities and/or wells are present on the property Therefor it appears that potential oil/gas
resources could exist, thus, an evaluation by others would be needed to evaluate the
economic value of that potential resource
3) Section 23-2-30 A 5 c - If soil conditions on the site are such that they present moderate or
severe limitations to the construction of structures or facilities proposed for the site, that
such limitations can be overcome and that the limitations will be addressed by the
applicant and/or the applicant's successors or assigns prior to the development of the
property
The Natural Resources Conservation Services (NRCS) Soil Survey, dated November 7,
2023, indicates that 86% of the site consists of low -slope (1-3%) Nunn loam soils and 1 7%
low -slope (1-3%) Wiley -Colby complex soils and 8% of the site is classified as water
although there are no visible water bodies on the site Both the Nunn and the Wiley -Colby
complex soils are classified as "Prime Farmland if Irrigated' Additionally, 3% of the site
consists or moderate -slope (3-5%) Ulm clay loam which is classified as "Farmland of
Statewide Importance"
Geotechnical subsurface explorations are recommended for each building to identify existing
subsurface conditions and provide geotechnical engineering recommendations Pre -
mitigation radon control methods, such as sub -slab piping, as well as radon tests should be
considered
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 (AGRICULTURAL) ZONE DISTRICT TO THE C-3 (BUSINESS
COMMERICAL) ZONE DISTRICT IS CONDITIONAL UPON THE FOLLOWING
1 Prior to recording the plat
A The applicant shall acknowledge the referral comments from the Weld County Oil and Gas
Energy Department, as stated in the referral response dated January 24, 2024 Evidence of such
shall be submitted in writing to the Weld County Department of Planning Services (Department
of Planning Services)
2 The Change of Zone plat shall be amended to delineate the following
A All sheets of the plat shall be labeled COZ23-0005 (Department of Planning Services)
B The plat shall adhere to Section 23-2-50 D of the Weld County Code (Department of Planning
Services)
C All recorded easements and rights -of -way shall be delineated on the plat by book and page
number or reception number (Department of Planning Services)
D County Road 19 is a paved road and is designated on the Weld County Functional Classification
Map (Code Ordinance 2017-01) as an arterial road, which requires 1400 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 Sec 23-1-90, the required setback is measured from the future right-of-way line
This road is maintained by Weld County (Development Review)
E This portion of County Road 2 is under the jurisdiction of Adams County However, Weld County
has right-of-way on the northern side of County Road 2 The applicant shall delineate and label
Resolution COZ23-0005
`Robert L Seltzer Family, LLC
Page 5
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 Sec 23-1-90, the required setback
,„is measured from,the,future right-of-way line (Development Review) ,
F , Show and label the existing permitted shared access point onto County Road 2 and the usage
type (Commercial) (Development Review)'
3 The following notes shall be delineated on the Change of Zone plat
1) U Change of Zone, COZ23-0005, allows for C-3 (Business Commercial) Zone District uses which
shall -comply with the requirements set forth in Chapter 23, Article III,, Division 4 -of the Weld
.County Code (Department of Planning Services)
2) r Any future,structures or uses on site must obtain the -appropriate zoning and building permits
(Department of Planning Services)
3) The operation shall comply with all applicable rules and regulations of the State end Federal
agencies and the Weld County Code (Department of Planning Services)
4) The property owner or operator shall be responsible for controlling noxious weeds on the site, ,
pursuant to Chapter 15, Article I and II, of the Weld County Code (Development Review) '
5)- Access on, the site shall be maintained to mitigate any impacts to the public road including
damages and/or offsite tracking (Development Review)
6) The historical flow patterns and runoff amounts will be maintained on they site (Development
Review)
7) ' Water service may be obtained from Todd Creek Village Metropolitan District (Department of
Public Health and Environment) ' U
8) The parcel is currently not served by a municipal sanitary sewer system Sewage disposal may
be by an on -site wastewater treatment system (OWTS) designed in accordance' with the
regulations of the ColoradoDepartment 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)
9) 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 (Department of Public Health and Environment) `
10) Building permits maybe required, for any new construction, setup of manufactured structures, or
change of use of existing buildings per Section 29-3-10 of the Weld County Code 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 EnergyCode, 2020 National Electrical Code, and Chapter29
, of the Weld County Code A Building Permit Application mustUbe 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 A building permit must be
issued prior to the start of construction (Department of Building Inspection)
Resolution COZ23-0005
Robert L Seltzer Family, LLC
Page 6
11) 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)
12) 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) '
13) 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 fof 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 people 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 _
4 Upon completion of Conditions of Approval 1, 2, and 3 above, the applicant shall submit 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 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 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 -
5` If a plat has not been recorded within one hundred twenty (120) days of the date of the approval of
the Change of Zone (COZ), or within a date ,specified by the Board of County Commissioners, the
Board may,require the landowner to appear before it and present evidence substantiating that the
COZ has not been abandoned and that the applicant possesses the willingness and ability to record
the plat The Board of County Commissioners may extend the date for recording the plat If the Board
determines that conditions supporting the original approval of the COZ cannot beTnet, the Board
may, after a public hearing, revoke the COZ '
6 In accordance with Appendix 5-J of the Weld County Code, should the Change of Zone plat not be
recorded within ,the specified `timeline from the date of the Board of County Commissioners
Resolution, a $50 00 recording continuance fee shall be added for each additional 3 -month period
7 Any approved amendments to the Official Zoning Map shall be effective immediately upon approval
by the Board of County Commissioners unless otherwise specified by the approving resolution of the
Board of County Commissioners However, no building permit shall be issued, and no use shall
' commence on the property until the plat is recorded -
Resolution COZ23-0005
Robert L Seltzer Family, LLC
Page 7
Motion seconded by Michael Pahzzi
VOTE
For Passage
Against Passage Absent
'Elijah Hatch
Skip Holland
Butch White
Pamela Edens
Michael Wailes \
Michael'Palizzi
Shana Morgan
Virginia Guderjahn
Barney Hammond
The Chair declared the resolution passed and ordered that a certified copy beforwarded with the file of this
case to the Board of County Commissioners 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 Aped 2, 2024 _
Dated the 2"d of April, 2024
Kristine Ranslem
Secretary
Summary of the Weld County Planning Commission Meeting
Tuesday, April 2, 2024
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 Vice -Chair
Butch White, at 1:30 p.m.
Roll Call
Present: Skip Holland, Butch White, Michael Wailes, Pamela Edens, Michael Palizzi, Shana Morgan,
Virginia Guderjahn, Barney Hammond.
Absent: Elijah Hatch.
Also Present: Chris Gathman, Diana Aungst, Molly Wright, and Maxwell Nader, Department of Planning
Services, Lauren Light, Department of Health, Karin McDougal, County Attorney, and Kris Ranslem,
Secretary.
Case Number:
Applicant:
Planner:
Request:
Legal Description:
Location:
COZ23-0005
Robert L. Seltzer Family, LLC
Diana Aungst
Change of Zone from the A (Agricultural) Zone District to the C-3 (Business
Commercial) Zone District.
Lot B Lot Line Adjustment, LLA21-0033; being part of the S1/2 of Section 34,
Township 1 North, Range 67 West of the 6th P.M., Weld County, Colorado.
East of and adjacent to County Road 19; north of and adjacent to County Road 2.
Diana Aungst, Planning Services, presented Case COZ23-0005, reading the recommendation and
comments into the record. Ms. Aungst noted that Staff received four (4) letters from surrounding property
owners with objections to this application. She added that one (1) of the surrounding property owners is
within 500 -feet of the subject property, while the other three (3) letters are outside the buffer zone. The
letters outlined concerns regarding property values, agricultural way of living, lack of existing infrastructure,
removal of land from agricultural uses, increased traffic, and eroding of the integrity of the residential and
agricultural community. Ms. Aungst noted that a letter of support was received this morning from the owner
of the property on the northwest corner of County Roads 19 and 2.
The Department of Planning Services recommends approval of this application along with conditions of
approval.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements.
Bob Choate, Coan, Payton & Payne, LLC, 1711 61St Ave, Greeley, stated that he is representing the Robert
L. Seltzer, LLC family. Mr. Choate said that this property is located directly adjacent to County Road 2 and
County Road 19. He added that this property is located within the Weld County Opportunity Zone and this
is a preferred place for a rezone to commercial or industrial.
Mr. Choate said that this is a growing and developing area. He added that the future land use plan for
Adams County is low -density residential, which is six (6) units per acre. Mr. Choate said that it is important
to recognize that all this property is developing and added that his team has been in conversations with the
developer and are expecting about 2200 new units in this blank area. He said the reason there is so much
development is because Todd Creek Water supplies water to the area and added that they expect to have
sewer in two years, therefore, they believe this property will have water and sewer for development in 18
to 24 months. He referred to the surrounding property letters that were submitted and understands that
they want to protect their way of life; however, there is infrastructure to support the additional development.
Commissioner Wailes clarified if that property is expected to have sewer. Mr. Choate said sewer would
become available to this property.
1
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 COZ23-0005 to the Board of County Commissioners along with the Conditions of
Approval with the Planning Commission's recommendation of approval, Moved by Michael Wailes,
Seconded by Michael Palizzi
Vote Motion carried by unanimous roll call vote (summary Yes = 8)
Yes Barney Hammond, Butch White, Michael Palizzi, Michael Wailes, Pamela Edens, Shana Morgan, Skip
Holland, Virginia Guderjahn
Meeting adjourned at 4 28 p m
Respectfully submitted,
/
Kristine Ranslem
Secretary
2
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