HomeMy WebLinkAbout20242855.tiffRESOLUTION
RE: GRANT CHANGE OF ZONE, COZ24-0004, FROM THE A (AGRICULTURAL) ZONE
DISTRICT TO THE C-3 (BUSINESS COMMERCIAL) ZONE DISTRICT -
HANKINS FARMS, 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 6th day of November, 2024, at 10:00 a.m.,
in the Chambers of the Board for the purpose of hearing the application of Hankins Farms, LLC,
27001 County Road 17, Johnstown, Colorado 80534, requesting a Change of Zone,
COZ24-0004, from the A (Agricultural) Zone District to the C-3 (Business Commercial) Zone
District for a parcel of land located on the following described real estate, to -wit:
Part of the E1/2 SE1/4 of Section 20, Township 5
North, Range 67 West of the 6th P.M., Weld County,
Colorado
WHEREAS, the applicant was represented by Bob Choate, 1711 61st Avenue, Suite 100,
Greeley, Colorado 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 applicant has demonstrated that 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
[Comprehensive Plan] of the Weld County Code.
1) Section 22-2-30.B states: "Locate urban development in urban
areas."
2) Section 22-2-30.B.1 states: "Encourage annexation of urban -scale
development. Zone changes and subdivisions within
one -quarter (1/4) 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." This
Change of Zone is consistent with Section 22-2-30.6.1 because the
closest municipality is more than one -quarter (1/4) mile from the
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Carly Koppes, Clerk and Recorder, Weld County , CO APPL• RCP.
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nearest municipality. The City of Greeley has annexed land to the
north along the east side of County Road (CR) 17, which is about
three-quarters (3/4) of a mile from the subject site.
3) Section 22-2-30.6.2 states: "Urban -scale development shall only be
placed where urban services, including public water, are available."
Public water from the Little Thompson Water District (LTWD) is
within proximity of the site. LTWD did not provided a Will Serve
letter, but rather an email that was submitted with the application
materials, dated April 16, 2024. The email stated, in part, the LTWD
owns and operates a two and one-half (2.5) -inch diameter waterline
along the eastern portion of the subject property that transitions to
a six (6) -inch diameter waterline, and a six (6) -inch diameter
waterline along the south side of CR 54. These waterlines are in
20 -foot -wide easements owned by LTWD. The LTWD stated they
are not opposed to serving the subject property; however, in order
to evaluate any future development's impact on LTWD's
infrastructure, and the ability to serve, the applicant will need to
work through LTWD's commitment letter process. The LTWD
submitted referral comments, dated June 19, 2024, that reiterated
the same information as the email, and stated there is an existing
20 -foot water easement, exclusive to LTWD, in the southwest
corner of the site, recorded at Reception #1434543. Per a phone
call October 3, 2024, the LTWD stated any commercial
development will require the developer provide the LTWD with the
requested amount of raw water. Once the raw water has been
provided, LTWD will review the pipelines to determine if the current
pipeline can handle the additional capacity, and if not, the developer
would be required to upgrade the pipelines. The applicant has
stated the current owner is in possession of enough raw water
shares to develop the property. The future development plan was
not provided to County staff. Per the Weld County Department of
Public Health and Environment's referral, dated June 12, 2024, an
On -site Wastewater Treatment System (OVVTS) may serve the site,
as appropriate.
4) 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
intent of the Comprehensive Plan to place commercial businesses
within one-half (1/2) mile of an intersection of two (2) arterial roads.
5) Section 22-4-10.6.1 — Weld County Opportunity Zone criteria
states: "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." Reliable and efficient transportation
networks allow business owners to save on inventory costs
because the amount of inventory can be minimized while
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maximizing the use of efficient infrastructure to ensure timely
delivery. Arterial roadways are designed for the rapid and efficient
movement of goods and people. These two (2) roadways are part
of a local and regional transportation network that will attract
development and lead to economic growth by providing developers
confidence to invest in new business locations.
6) Section 22-2-30.C states: "Harmonize development with
surrounding land uses." The properties surrounding the site are
productive agricultural land; however, the relatively new (c. 2020)
round -a -bout at this intersection, and the expansion of CR 54
(Freedom Parkway), is a stimulus for commercial and industrial
development. Future Land Use Maps are utilized by municipalities,
in particular, to outline the land uses for a municipality at full
buildout. The site is shown on the Future Land Use Map for the
Town of Johnstown within their Growth Management Area
boundary; therefore, it is expected that this intersection will be
annexed by the Town of Johnstown in the future. The Town of
Johnstown submitted referral comments, dated August 22, 2024,
which did not object to this Change of Zone, but did state, among
other things, that right-of-way for the ultimate buildout of CR 17
should also be dedicated, at no cost, in conjunction with any future
project to secure appropriate lands for future improvements. They
also requested any future uses that include outdoor storage be
sited, screened, and landscaped in ways to minimize visual offense.
Likewise, any odor or noise inducing uses should also be mitigated
to minimize any offenses.
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 adjacent surrounding lands are zoned
A (Agricultural) and the land uses include rural residential and agricultural.
There are six (6) USRs within one (1) mile of the site. USR-1296, for a
wholesale/retail nursery; USR-585, for a natural gas facility; Amended
AMUSR-672, for gravel mining (mostly reclaimed); USR-871, for three (3)
249 -foot radio towers; USR16-0010, for an office and a shop; and
USR14-0033, for a recreational facility (corn maze). USR14-0033 is also
on the subject property and will need to be partially vacated prior to any
development on the site. On January 8, 2024, the Department of Planning
Services sent notice to eight (8) surrounding property owners (SPOs)
within 500 feet of the subject parcel and no correspondence was received.
The site is located within the Coordinated Planning Agreement (CPA)
boundaries of the Towns of Windsor, Milliken, and Johnstown. The site is
not located within the Growth Management area for Windsor or Milliken and
is not shown on their respective Future Land Use Maps. The land use
depiction on the Town of Johnstown's Future Land Use Map for this site is
Medium Density/Intensity (MDI). According to the Johnstown
Comprehensive Plan, MDI areas will generally be characterized by a more
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balanced and a wider -ranging mix of land uses and will act as a transition
between the lower density neighborhoods and the High Density/Intensity
(HDI) areas. Uses in the MDI designation include suburban -style
development, and walkable, pedestrian -scale commercial that connects to
adjacent neighborhoods, with a density of five (5) to 16 dwelling-units/acre,
four (4) story buildings, and 70% lot coverage. The land uses are expected
to be 30-40% non-residential to 60-70% residential uses.
The Town of Johnstown submitted referral agency comments, dated
August 22, 2024, that state the functional classification of CR 17, pursuant
to the Town of Johnstown's Transportation Master Plan, is identified as a
Regionally Significant Corridor - Major Arterial, and notes the Weld County
Code indicates, "The purpose of the C-3 Zone District is to designate areas
of commerce for the benefit of the broader region, such as large-scale
regional shopping centers and entertainment districts. C-3 District
properties may require large amounts of space or generate high traffic
volumes. Properties zoned C-3 are typically located near high -traffic
corridor." The Town of Johnstown's referral also stated, given the intent of
the C-3 Zone District and the extensive list of Uses Allowed by Right in said
zone, they requested the appropriate traffic analysis be conducted when a
project is proposed. Right-of-way for the ultimate buildout of CR 17 should
also be dedicated, at no cost, in conjunction with any future project to
secure appropriate lands for future improvements. They also requested any
future uses that include outdoor storage be sited, screened, and
landscaped in ways to minimize visual offense. Likewise, any odor or noise
inducing uses should also be mitigated to minimize any offenses. They
would like to be notified of any future applications for site development on
the subject property. The site is located within the three (3) mile referral
area for the City of Greeley and the Towns of Windsor, Johnstown, and
Milliken, as well as Larimer County. The Town of Windsor submitted
referral agency comments, dated May 31, 2024, which stated no concern,
and the Town of Milliken did not submit referral agency comments. The City
of Greeley submitted referral agency comments, dated June 21, 2024, that
stated the subject site is located outside of Greeley's Long Range Expected
Growth Area (LREGA), the area in which the community anticipates
annexation and urban development to occur in the future. There is adjacent
proposed development located east of the proposal. Future coordination
with the developer and applicant may be necessary. It is unclear where this
'future development' is located, as the closest annexed area is east of State
Highway 257, about two (2) miles east of the subject site. The site is 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. All of these processes are sent to referral agencies
and, with the Use by Special Review and Zoning Permit processes, also
sent to the SPOs for comment. The Conditions of Approval and
Development Standards applied to both this Change of Zone and any
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future Site Plan Review or Use by Special Review Permits will adequately
address and mitigate potential impacts.
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. The LTWD submitted referral comments, dated June 19, 2024, that
reiterated the same information as the April 16, 2024, email and stated
there is an existing 20 -foot water easement, exclusive to LTWD, in the
southwest corner of the site, recorded at Reception #1434543. Per a phone
call on October 3, 2024, the LTWD stated that any commercial
development requires the developer provide LTWD with the requested
amount of raw water. Once the raw water has been provided LTWD will
review the pipelines to determine if the current pipeline can handle the
additional capacity, and if not, the developer would be required to upgrade
the pipelines. The applicant has stated that the current owner is in
possession of enough raw water shares to develop the property. The future
development plan was not provided to County staff. Per the Weld County
Department of Public Health and Environment's referral, dated June 12,
2024, an OWTS may serve the site, as appropriate.
D. Section 23-2-40.6.4 - Street or highway facilities providing access to the
property are adequate in size to meet the requirements of the proposed
zone districts. Per Section 23-2-40.B.4, a Change of Zone to a Commercial
or Industrial Zone District requires an abutment to a paved road. The
referral from the Department of Planning Services — Development Review,
dated July 27, 2024, stated CR 17 and CR 54 (Freedom Parkway) are
paved arterial roads.
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 — If the proposed Change of Zone is located
within any Overlay District identified by maps officially adopted by
the County, 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
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 23-2-40.6.5.b — 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
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of such deposit, by an extractor, to any greater extent than under
the present zoning of the property. The Geologic Hazards and
Mineral Resources Report submitted with the application materials,
dated April 11, 2024, from Earth Engineering Consultants, LLC,
stated 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 the Colorado Energy and Carbon
Management Commission (ECMC) indicated the site is located
within an identified oil and gas field; furthermore, oil/gas facilities
and/or wells (either active, abandoned or closed) are present on the
property. Based on the available information, it appears potential
oil/gas resources could exist; however, a comprehensive evaluation
by others would be required to evaluate that possibility.
3) Section 23-2-40.B.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 indicated 59% of the site consists of
low -slope (1-3%) Colby loam soils, 11% moderate -slope (3-5%)
Kim loam, and 30% low -severe slope (3-9%) Thedalund loam soils.
The Kim Loam is classified as "Farmland of Statewide Importance."
Granting the Change of Zone will remove 4.5 acres of Farmland of
Statewide Importance from production. Geotechnical subsurface
explorations are recommended to evaluate the subsurface
conditions and provide site specific recommendations for any future
site improvements.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Hankins Farms, LLC, for a Change of Zone,
COZ24-0004, from the A (Agricultural) Zone District to the C-3 (Business Commercial) Zone
District on the above referenced parcel of land be, and hereby is, granted subject to the following
conditions:
1. The Change of Zone plat shall be amended to delineate the following:
A. All sheets of the plat shall be labeled COZ24-0004.
B. The plat shall adhere to Section 23-2-50.D of the Weld County Code.
C. All recorded easements and rights -of -way shall be delineated on the plat
by book and page number or Reception number.
D. County Road 17 is a paved road and is designated on the Weld County
Functional Classification Map as an arterial road, which requires 140 feet
of right-of-way at full buildout. The applicant shall delineate and label the
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future and existing right-of-way (along with the documents creating the
existing right-of-way) and the physical location of the road on the plat. All
setbacks shall be measured from the edge of the right-of-way. This road is
maintained by Weld County.
E. County Road 54 (Freedom Parkway) is a paved road and is designated on
the Weld County Functional Classification Map as an arterial road, which
requires 140 feet of right-of-way at full buildout. The applicant shall
delineate and label the future and existing right-of-way (along with the
documents creating the existing right-of-way) and the physical location of
the road on the plat. All setbacks shall be measured from the edge of the
right-of-way. This road is maintained by Weld County.
F. The applicant shall show the existing access point on County Road 17,
located approximately 750 feet north of County Road 54 and label,
"PROPOSED COMMMERCIAL ACCESS."
G. The applicant shall show the existing access point on County Road 17,
located approximately 1,340 feet north of the County Road 54 and label,
"TO BE CLOSED AND RECLAIMED."
H. The applicant shall show the existing access point on County Road 54,
located approximately 1,040 feet west of County Road 17 and label, "TO
BE CLOSED AND RECLAIMED."
I. The following notes shall be delineated on the Change of Zone plat:
1) Change of Zone, COZ24-0004, allows for C-3 (Business
Commercial) Zone District uses, which shall comply with the
requirements set forth in Chapter 23, Article III, Division 3 of the
Weld County Code.
2) Any future structures or uses onsite must obtain the appropriate
Zoning and Building Permits.
3) The operation shall comply with all applicable rules and regulations
of the state and federal agencies and the Weld County Code.
4) 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.
5) The access to the site shall be maintained to mitigate any impacts
to the public road, including damages and/or off -site tracking.
6) The historical flow patterns and runoff amounts will be maintained
on the site in such a manner that it will reasonably preserve the
natural character of the area and prevent property damage of the
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type generally attributed to runoff rate and velocity increases,
diversions, concentration and/or unplanned ponding of stormwater
runoff.
7) Water service may be obtained from the Little Thompson Water
District, or an appropriately permitted well.
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.
9) 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.
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
have been adopted by Weld County: 2018 International Codes,
2018 International Energy Conservation 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, or an Open Hole Inspection shall be
required. A Building Permit must be issued prior to the start of
construction.
11) 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.
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
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Standards stated herein and all applicable Weld County
regulations.
2. Upon completion of Condition of Approval #1 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. 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 120 days from
the date of the Board of County Commissioners Resolution. The applicant shall be
responsible for paying the recording fee.
3. If a plat has not been recorded within 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.
4. 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 three (3) month period.
5. 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.
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The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 6th day of November, A.D., 2024.
BOARD OF COUNTY COMMISSIONERS
WELD COU► ° . • • :' eO
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Weld County Clerk to the Board
By:UV:fig. 61Atadc_
Deputy Clerk to the Board
AP' - OVED AS T
County Atto ey
Date of signature: I
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Carly Koppes, Clerk and Recorder, Weld County CO
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2024-2855
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