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Home My WebLink About20230732.tiffPlanner: Case Number: Owner: CHANGE OF ZONE STAFF COMMENTS Diana Aungst COZ22-0014 George L. Sandberg Irrevocable Trust, FBO Jennifer Lynn Sandberg and George L. Sandberg Irrevocable Trust, FBO Michelle K. Sandberg Applicant: Big Bend Boat and RV Storage, LLC c/o Jeff Winter 17215 County Road 46 LaSalle, CO 80645 Request: Legal Description: Hearing Date: March 7, 2023 Change of Zone from the A (Agricultural) Zone District to the 1-2 (Medium Industrial) Zone District Lot A and Lot B of LLA22-0004; Being part of the SW4 Section 12, T4N, R66W of the 6th P.M., Weld County, CO Location: North of and adjacent to County Road 46 and west of and adjacent to County Road 35.5 Parcel Sizes: Lot A: +/- 6.8 acres +/- 3.9 acres Lot B: +/- 38.7 acres Total: +/- 49.4 acres Parcel Nos. Lot A: 1057-12-3-00-011 1057-12-3-00-012 Lot B: 1057-12-3-00-013 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: ➢ Central Weld County Water District, referral dated December 29, 2022 ➢ Weld County Department of Environmental Health Services, referral dated December 15, 2022 ➢ Weld County Department of Planning Services — Development Review, referral dated January 17, 2023 The Department of Planning Services' staff has received referral responses without comments from the following agencies: ➢ City of Evans, referral dated January 5, 2023 ➢ Town of LaSalle, referral dated January 10, 2023 ➢ Weld County Sheriff's Office, referral dated December 5, 2022 ➢ Colorado Parks and Wildlife, referral dated December 5, 2022 ➢ Weld County Oil and Gas Energy Department, referral dated December 9, 2022 ➢ State of Colorado, Division of Water Resources, referral dated December 6, 2022 The Department of Planning Services' staff has not received responses from the following agencies: ➢ DCP Midstream ➢ Town of Gilcrest ➢ Union Pacific Railroad ➢ LaSalle Fire Protection District ➢ Weld County School District RE -1 ➢ West Greeley Conservation District ➢ Colorado Department of Transportation ➢ Weld County Department of Planning Services - Code Compliance COZ22-0014 I George L. Sandberg Trust Page 1 of 7 CASE SUMMARY: The applicant is proposing to change the zone to two (2) legal lots from the A (Agricultural) Zone District to the 1-2 (Medium Industrial) Zone District. This parcel is just east of U.S. Highway 85 on the east side of the Union Pacific railroad tracks. Due to the location of the highway and the railroad tracks this site is located within the Weld County Opportunity Zone. Opportunity Zones are areas that are conducive for a Change of Zone request per the 2020 Weld County Comprehensive Plan. In 2017 a Use by Special Review (USR) for an RV and boat storage facility and Winter Seed was approved on about 6 acres. In 2019 this USR was amended to add Mosquito Joes. In 2022 a major amendment was submitted to the Department of Planning Services to expand the site by 4 acres and add a fertilizer distribution business, that request has since been withdrawn. This Change of Zone encompasses all of Lot A and Lot B of LLA22-0004, about forty-nine (49) acres. The applicant has stated that the purpose of the Change of Zone is to eventually expand the RV and boat storage facility to add enclosed portable storage vaults to the items being stored or rented onsite the other two businesses will remain unchanged. In 2022 a Lot Line Adjustment (LLA22-0004) was approved to amend the lot lines between Lot A and Lot B of RECX17-0013. Lot A of LLA22-0004 was expanded by 4 acres and it is now in two taxing districts and therefore has two parcel numbers. 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 of the Weld County Code. Section 22-2-40.A. states: "Support compatible economic development opportunities." This site is in a Weld County Opportunity Zone and the applicant is proposing to expand the existing industrial use. The location of the site is consistent with the Comprehensive Plan's intent to place commercial businesses within one-half mile of highways. Section 22-2-10.B. states, "Respecting Private Property Rights. One of the basic principles upon which the United States was founded is the right of citizens to own and utilize property so long as that use complies with local regulations and does not interfere with or infringe upon the rights of others." The applicant has owned and operated the existing RV storage business since 2017 and has recently acquired the parcel to the east. The Change of Zone will facilitate the expansion of the existing use or allow for other industrial uses in this area. 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 U.S. highways and within one -quarter (1/4) mile of railroads. This property is located within the one-half mile (1/2) of US Highway 85 and within one -quarter (1/4) mile of the Union Pacific Railroad tracks therefore it is within a Weld County Opportunity Zone as defined by the Comprehensive Plan. The Comprehensive Plan also states that zone changes to commercial and industrial are preferred in the Opportunity Zones. COZ22-0014 I George L. Sandberg Trust Page 2 of 7 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, east, and south are all zoned A (Agricultural) and the land uses are agricultural and rural residential. There are eight (8) USRs within one (1) mile of the site. With three (3) of the eight (8) USRs being located west of U.S. Highway 85, the site is located east of U.S. Highway 85. USR11-0010 for an oil and gas support and service facility, USR13-0012 for agricultural services, and USR-1053 for seed production are all located northwest of the site on the west side of U.S. Highway 85. USR17-0050 for a greater than 12 - inch high-pressure natural gas pipeline is located west of U.S. Highway 85 and travels under U.S. Highway 85 just south of the site. USR11-0016 is a 12 -inch natural gas pipeline and this pipeline crosses the subject property along the north/west boundary adjacent to the Union Pacific railway. There is an easement on the subject property for this pipeline. USR-31 for a dairy is located south of and adjacent to the site. MUSR12-0004 for onion storage a processing and USR18-0092 for vehicle repair and service are located south of the site along County Road 44. There is one (1) SPR located within one (1) mile of the site. SPR21-0001 which was approved for Dan's Garage with outdoor storage and vehicle service and repair is directly west of the site, on the west side of U.S. Highway 85. The site is located within the three (3) mile referral area for the City of Evans and the Towns of LaSalle and Gilcrest. The City of Evans stated no concerns on their referral agency comments dated January 4, 2023. The Town of LaSalle stated, "It is our understanding that all activity outside an enclosed building must be screened from the adjacent ROW in the 1-2 Zone and that any change or expansion of the of use on this property will require a Site Plan Review. Please forward the Site Plan for our review and comment when this property is developed. Thank you for your consideration." in their referral agency comments dated January 10, 2023. The Town of Gilcrest did not submit referral agency comments. The subject site is located within City of Evans and the Town of LaSalle's Coordinated Planning Agreement (CPA) boundaries. As part of the pre -application process the municipalities were sent a Notice of Inquiry (NOI). The City of Evans submitted a signed NOI, dated July 29, 2022, which stated that the site is outside of the City's future growth boundary and they City is not interested in annexation. The Town of LaSalle submitted a signed NOI, dated September 9, 2022, where they stated, "Applicant [shall] consider annexing at the time they become eligible." The Future Land Use Map for the City of Evans shows the intersection of County Road 46 and U.S. Highway 85 as a Community Commercial Center although the Urban Growth area for Evans does not extend east of U.S. Highway 85 and therefor does not encompass this site. The site is located on the southwestern corner of the comprehensive plan map for the Town of LaSalle and the furthest point to the southwest is labeled as possible switching station location. On January 27, 2023, the Department of Planning Services sent notice to ten (10) surrounding property owners within 500 -feet of the subject parcel. No responses were received back. The site is adjacent to the Union Pacific railroad track and U.S. Highway 85. The adjacencies of the railroad track and the highway place the site in a Weld County Opportunity Zone which is a preferred site for rezoning to commercial and industrial. The RV and Boat Storage facility, Winter Seeds, and Mosquito Joes occupy about 6 of the 49 acres. Any future commercial/industrial uses will have to be approved through a Site Plan Review or Use by Special Review process. Site Plan Review and Use by Special Review applications are sent to referral agencies and, with the Use by Special Review process, 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. COZ22-0014 I George L. Sandberg Trust Page 3 of 7 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. Water is currently provided by a Central Weld County Water District (District) tap # 3229. The District, in their referral agency comments dated December 29, 2022, states, in part, that the applicant must sign and return an original Petition of Inclusion to CWCWD in order for Lot B to be eligible to receive water from the existing tap. Providing service to Lot B is an exception being made by the District in consideration of the same business occupying more than one parcel. Sale of any parcel separately from another will require a new tap purchase. Per the Weld County Department of Public Health and Environment, referral dated December 15, 2022, an on -site wastewater treatment system (SP -1700352) is permitted for office/warehouse use on this 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. There are two permitted access points onto County Road 46 (AP17-00070 — Commercial and Oil/Gas). No other access points are requested. Per the referral dated January 17, 2023, from the Department of Planning Services — Development Review this portion of County Road 46 is a local gravel road and is designated on the Weld County Functional Classification Map (Code Ordinance 2017-01) as a local road, which requires 60 feet of right-of-way. County Road 46 has been reviewed with regard to Section 23-2-30.A.4. which requires any zone district other than A (Agriculture), with an unpaved road providing access to the subject parcels to have a minimum 26 -foot- wide travel surface with a minimum 4 -inch depth of aggregate surface course (gravel) and a minimum right-of-way width of sixty (60) feet. Development Review found that this this portion of County Road 46 meets the minimum criteria. On February 28, 2022, the Board of County Commissioners voted to approve Resolution 2022-0674. This resolution is a Crossing Closure and Maintenance Agreement between Weld County and Union Pacific Railroad (UPRR) to permanently close the at -grade public road crossing for County Road 46 and 35. This is the intersection that is currently being utilized by most of the customers and employees of these businesses. This traffic will now need to use County Road 44 and then drive north on County Roads 35 and then east on County Road 46 to access the subject property. This closure is expected to occur in early 2023. The applicant is aware of this closure. On January 5, 2023 staff met with the property owner, Mr. Jeff Winter, to discuss the re- alignment of County Road 46 to move this portion of County Road 46 out of the railroad right- of-way and how this re -alignment would affect the drainage on the subject property. 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. COZ22-0014 I George L. Sandberg Trust Page 4 of 7 The proposed Change of Zone does not interfere with the present or future extraction of mineral resources, more so than the existing zoning. The Geotechnical Engineering report from Northern Colorado Geotech, dated May 4, 2017, with a follow up cover letter dated October 21, 2022 submitted in the application materials, states that the size and range of the material present would not contain the necessary constituents to produce economically viable aggregate including hard rock mineral. 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 September 7, 2022, submitted with the application, indicates that the property contains low -slope (0-1%) Julesburg Sandy Loam, Olney Fine Sandy Loam, and Vona Sandy Loam. These soil types do not limit the construction of dwellings or small commercial buildings. The property consists of about 15 acres of Julesburg Sandy Loam and Olney Fine Sandy Loam both of which are classified as "Prime Farmland if Irrigated (Soils Erodibility)", the remaining acreage is Vona Sandy Loam which is classified as "Farmland of Statewide Importance". The area where the Vona Sandy Loam is located has been utilized as a RV Storage Facility since about 2017 and is too small to farm. 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 1-2 (MEDIUM INDUSTRIAL) ZONE DISTRICT IS CONDITIONAL UPON THE FOLLOWING: 1. The Change of Zone plat shall delineate the following: A. All sheets of the plat shall be labeled COZ22-0014. (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 46 is a gravel road and is designated on the Weld County Functional Classification Map (Code Ordinance 2017-01) as a local road, which requires 60 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. Show and label the existing and proposed access points and the usage types (Agriculture, Residential, Commercial/Industrial, or Oil and Gas). Development Review will review access locations as a part of the plat submittal. (Development Review) 2. The following notes shall be delineated on the Change of Zone plat: 1) Change of Zone, COZ22-0014, allows for 1-2 (Medium Industrial) 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) COZ22-0014 I George L. Sandberg Trust Page 5 of 7 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) Weld County will not replace overlapping easements located within existing right-of-way or pay to relocate existing utilities within the existing County right-of-way. (Development Review) 7) Any work that may occupy and or encroach upon any County rights -of -way or easement shall acquire an approved Right -of -Way Use Permit prior to commencement. (Development Review) 8) The historical flow patterns and runoff amounts will be maintained on the site. (Development Review) 9) Water service may be obtained from Central Weld County Water District. (Department of Public Health and Environment) 10) 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) 11) 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) 12) 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) 13) 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) 14) 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) COZ22-0014 I George L. Sandberg Trust Page 6 of 7 15) 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. 3. Upon completion of Conditions of Approval 1 and 2 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. 4. 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. 5. 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. 6. 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. COZ22-0014 I George L. Sandberg Trust Page 7 of 7 January 25, 2023 DEPARTMENT OF PLANNING SERVICES 1555 N 17th AVE GREELEY, CO 80631 WEBSITE: www.weldgov.com E-MAIL: daungst@co.weld.co.us PHONE: (970) 400-3524 FAX: (970) 304-6498 Jeff Winter 17215 COUNTY ROAD 46 LaSalle, CO 80645 Subject: COZ22-0014 - Change of Zone from the A (Agricultural) Zone District to the 1-2 (Medium Industrial) Zone District. On parcel(s) of land described as: Lot A and Lot B of Lot Line Adjustment LLA22-0004; being a part of the SW4 Section 12, T4N, R66W of the 6th P.M., Weld County, Colorado. Dear Applicants: I have scheduled a meeting with the Weld County Planning Commission on March 7, 2023 at 1:30 p.m. A subsequent hearing with the Board of County Commissioners will be held on March 22, 2023 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 Respectfully, Ok/k/S29,CtUfkla, Diana Aungst Planner Hello