HomeMy WebLinkAbout20241000.tiffRESOLUTION
RE: GRANT CHANGE OF ZONE, COZ23-0005, FROM THE A (AGRICULTURAL) ZONE
DISTRICT TO THE C-3 (BUSINESS COMMERCIAL) ZONE DISTRICT -
ROBERT L. SELTZER FAMILY, 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 8th day of May, 2024, at 10:00 a.m., in the
Chambers of the Board for the purpose of hearing the application of Robert L. Seltzer Family,
LLC, 33641 County Road 83, Briggsdale, Colorado 80611, requesting a Change of Zone,
COZ23-0005, 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:
Lot B of 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
WHEREAS, the applicant was represented by Bob Choate, Coan, Payton and Payne,
LLC, 103 West Mountain Avenue #200, Fort Collins, Colorado 80524, 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 — The proposal is consistent with Chapter 22
[Comprehensive Plan] of the Weld County Code.
1) Section 22-2-3013 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
cc : PL CcR/MN/ vAAiw/KR), CA 600, ASR WA
APPL., APPL. REP.
0(,/04124
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annexation." The property is located more than one (1) mile from
the nearest municipality. This Change of Zone is consistent with
Section 22-2-30.6.1 because the closest municipality is more than
one (1) mile from the site.
3) Section 22-2-30.6.2 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.
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
Comprehensive Plan's intent to place commercial businesses
within one-half (1/2) mile of an intersection of a collector and an
arterial road.
5) Section 22-4-10.B.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
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.
6) 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 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
COZ22-0010. The subject site is currently vacant land.
B. Section 23-2-40.B.2 — The uses that 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 to the north and west are zoned
C-3 (Business Commercial), the property to the east is zoned
A (Agricultural), and the property to the south is located in Adams County.
The properties to the north and east are owned by Robert L. Seltzer Family,
LLC, the owner of the subject property.
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The surrounding land uses include rural residential, agricultural, and a
self -storage facility (USR17-0067), that is surrounded by the subject
property. There is a C-3 (Business Commercial) zoned property directly
west of the site, on the west side of County Road 19, approved under
COZ22-0010.
There are 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 is for a Class II oilfield waste disposal facility; USR19-0019
is for a storage and staging yard for oil and gas equipment; USR-1376 is
for a landscaping business; USR18-0128 is for a contractor shop;
USR17-0032 is for a greater than 12 -inch high-pressure natural gas
pipeline; Fourth Amended 4MUSR22-87-778 is for oil and gas support and
service; USR12-0022 is for a RV and Boat facility; and USR17-0067 is 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 30 wells, via Adam's County case numbers
USR2018-00002, USR2022-00007 and USR2022-00009. Additionally, the
Pioneer Water Pipeline, via Adam's County case number 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 (SPOs) within 500 feet of the
subject parcel. Four (4) SPOs responded with objections to this Change of
Zone. One (1) of the SPOs is within the 500 -foot buffer, while the other
three (3) are outside the buffer zone. 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, and the eroding of integrity of residential/agricultural
community.
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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. Site Plan Review and Use by Special
Review applications are sent to referral agencies, and Use by Special
Review and Zoning Permit applications are also sent to SPOs 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. Section 23-2-40.B.3 — Adequate water and sewer service can be made
available to the site to serve the uses permitted within the proposed zone
district. TCVMD submitted a Will Serve letter, dated September 7, 2023,
and will provide water to the site. Per the Weld County Department of Public
Health and Environment referral, dated January 29, 2024, an OWTS will
serve the site.
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 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 (2)
roads meet the criteria specified in Section 23-2-30.A.4 and
Section 23-2-40.6.4 for Change of Zones, 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 onto
County Road 2, via Access Permit #AP18-00749. This access point is
shared by Lots A and B of LLA21-0033, as Lot A uses an access easement
to cross Lot B (Reception No. 4590240). The subject parcel has a
permitted, commercial access onto County Road 19, via Access Permit
#AP12-00370.
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
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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.B.5.b — The proposed Change of Zone 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 extraction of mineral deposits
any more than the existing zoning. The Geologic Hazards and
Mineral Resources Report from Earth Engineering Consultants,
LLC, dated September 29, 2023, stated no sources of critical
minerals will be inferred at this site and no significant resources of
sand and gravel exist below ground surface. It also stated oil/gas
facilities, and/or wells, are present on the property. Therefore, 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 23-2-40.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 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, indicated
86% of the site consists of low -slope (1-3%) Nunn loam soils; 1.7%
is 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.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Robert L. Seltzer Family, LLC, for a Change of Zone,
COZ23-0005, 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:
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1 Prior to recording the plat:
A. The applicant shall acknowledge the comments of 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.
B. The Change of Zone plat shall be amended to delineate the following:
1) All sheets of the plat shall be labeled COZ23-0005.
2) The plat shall adhere to Section 23-2-50.D of the Weld County
Code.
3) All recorded easements and rights -of -way shall be delineated on
the plat by book and page number or Reception number.
4) 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 1,400 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. 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 Weld County
Code Section 23-1-90, the required setback is measured from the
future right-of-way line. This road is maintained by Weld County.
5) 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 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. 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 Weld County
Code Section 23-1-90, the required setback is measured from the
future right-of-way line.
6) The applicant shall show and label the existing, permitted, shared
access onto County Road 2, as well as the usage type.
C. The following notes shall be delineated on the Change of Zone plat:
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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.
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) Access on 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.
7) Water service may be obtained from Todd Creek Village
Metropolitan District.
8) The parcel is currently not served by a municipal sanitary sewer
system. Sewage disposal may be by an On -site Wastewater
Treatment System (OVVTS), 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
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
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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 Fee Impact,
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 stated herein and
all applicable Weld County regulations.
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. Oftentimes, 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.
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
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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.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 8th day of May, A.D., 2024.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY
ATTEST: ac
Weld County Clerk to the Board
BY: OCCIOGHlt • Uif (--C.
Deputy Clerk to the Board
APP: OVED AS
County Attorney
Date of signature: 5IZZ`�
4962874 Pages: 9 of 9
05/29/2024 12:00 PM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County Co
K
erry L. B ; k, Pro-Tem
Freeman
. James
ri Saine
2024-1000
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