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CHANGE OF ZONE
STAFF COMMENTS
Diana Aungst
COZ23-0005
Robert L. Seltzer Family, LLC do Jack Seltzer
33641 County Road 83, Briggsdale, CO 80611
Blackfoot Properties, LLC c/o Bob Demaree
1142 Judson Street, Longmont, CO 80501
Hearing Date: April 2, 2024
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 S2 Section 34, T1 N, R67W of
the 6th P.M., Weld County, CO
Location: East of and adjacent to County Road 19 and north of and adjacent to County Road 2
Parcel Size:
+1- 60.1 acres Parcel No. 1469-34-3-00-010
The criteria for review of this Change of Zone are listed in Section 23-2-30 of the Weld County Code.
The Department of Planning Services' staff has received referral responses with comments from the
following agencies:
➢ Weld County Oil and Gas Energy Department, January 24, 2024
➢ Weld County Department of Environmental Health Services, referral dated January 29, 2024
➢ Weld County Department of Planning Services — Development Review, referral dated February 1, 2024
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
➢ City of Dacono, referral dated January 8, 2024
➢ City of Northglenn, referral dated January 8, 2024
➢ Weld County Sheriff's Office, referral dated January 8, 2024
➢ Colorado Parks and Wildlife, referral dated February 21, 2024
➢ Weld County School District RE -8, referral dated January 9, 2024
➢ Todd Creek Village Metropolitan District, referral dated January 9, 2024
➢ State of Colorado, Division of Water Resources, referral dated February 21, 2024
The Department of Planning Services' staff has not received responses from the following agencies:
➢ Adams County
➢ City of Brighton
➢ Crestone Peak Resources
➢ Occidental Petroleum Corporation
➢ Brighton Fire Rescue District
➢ K.P. Kauffman Company, Inc.
➢ West Adams Conservation District
➢ Colorado Department of Transportation
COZ23-0005 I Robert L. Seltzer Family LLC
Page 1 of 7
CASE SUMMARY:
The applicant is requesting a Change of Zone from A (Agricultural) Zone District to the C-3 (Business
Commercial) Zone District. The parcel is 60 acres in size of vacant land. Any new business will require a
Site Plan Review (SPR), a Use by Special Review Permit (USR) or a Zoning Permit.
THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE
APPROVED 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."
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
COZ23-0005 I Robert L. Seltzer Family LLC
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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 for a 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 for a contractor shop; USR17-0032 for a 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 for a 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 (168th 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 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
COZ23-0005 I Robert L. Seltzer Family LLC
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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 —
Development 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 Districts.
Compliance may be 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, 1-25 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 to contain 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
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.
COZ23-0005 I Robert L. Seltzer Family LLC
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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 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)
COZ23-0005 I Robert L. Seltzer Family LLC
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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) 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) 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 and 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 the site. (Development
Review)
7) Water service may be obtained from Todd Creek Village Metropolitan District. (Department of
Public Health and Environment)
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 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. (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 may be required, for any new construction, set up 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 Energy Code, 2020 National Electrical Code,
and Chapter 29 of the Weld County 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. A
building permit must be issued prior to the start of construction. (Department of Building
Inspection)
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)
COZ23-0005 I Robert L. Seltzer Family LLC
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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 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 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 be met, 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.
COZ23-0005 I Robert L. Seltzer Family LLC
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February 29, 2024
DEPARTMENT OF PLANNING SERVICES
1402 North 17th Ave
Greeley, CO 80631
Website: www.weld.gov
Email: daungst@weld.gov
Phone: (970) 400-3524
Fax: (970) 304-6498
Bob Demaree
1142 Judson St
Longmont, CO 80501
Subject: COZ23-0005 - Change of Zone from the A (Agricultural) Zone District to the C-3 (Business
Commercial) Zone District.
On parcel(s) of land described as:
LOT B LOT LINE ADJUSTMENT LLA21-0033; PART S2 SECTION 34, TIN, R67W of the 6th P.M., Weld
County, Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on April 2, 2024 at 1:30 p.m.
A subsequent hearing with the Board of County Commissioners will be held on May 8, 2024 at 10:00
a.m. Both hearings will be held in the Hearing Room, Weld County Administration Building, 1150
O Street, Greeley, Colorado. The property owner and/or authorized agent must be in attendance to
answer any questions the Planning Commission members or Board of County Commissioners may
have.
Colorado Revised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01-1088) requires notification of
all mineral estate owners 30 days prior to any public hearing. The applicant needs to provide the
Weld County Planning Department with written certification indicating the above requirement has
been met.
A representative from the Department of Planning Services will be out to the property a minimum of
ten days prior to the hearing to post a sign, adjacent to and visible from a publicly maintained road
right-of-way which identifies the hearing time, date, and location. In the event the property is not
adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent
place on the property and a second sign posted at the point at which the driveway (access drive)
intersects a publicly maintained road right-of-way.
The Department of Planning Services' staff will make a recommendation concerning this application
to the Weld County Planning Commission and will be included in the staff report one week prior to
the scheduled Planning Commission hearing. You may view the staff report at https://accela-
aca.co.weld.co.us/CitizenAccess
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Diana Aungst
Planner
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