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LAND USE APPLICATION
SUMMARY SHEET
Kim Ogle Hearing Date: February 7, 2023
COZ22-0012
Sunset Industrial, LLC, 105 Coronado Court, Unit A-101, Fort Collins, CO
J. C. York, J&T Consulting, Inc., 305 Denver Avenue, Suite D, Fort Lupton, CO
Change of Zone from the A (Agricultural) and 1-3 (Heavy Industrial) Zone District to
the 1-3 (Heavy Industrial) Zone District
Part of the W2 of Section 3, T5N, R65W of the 6th PM, Weld County, Colorado
North of and adjacent to East 8th Street, approximately 670 -feet east of Cherry
Avenue (County Road 43)
+1- 85.166 acres
Parcel #. 0961-03-3-00-067
The Department of Planning Services' Staff has received referral responses with comments from the
following agencies:
➢ Weld County Oil & Gas Energy Department, referral dated November 14, 2022
➢ State of Colorado, Division of Water Resources, referral dated November 14, 2022
➢ Weld County Department of Planning Services, Code Compliance, referral dated November 14, 2022
➢ Weld County Department of Planning Services, Development Review, referral dated November 15, 2022
➢ Weld County Department of Planning Services, Floodplain Administrator referral dated November 15, 2022
➢ Weld County Department of Public Health and Environment, referral dated November 20, 2022
➢ City of Greeley, referral dated November 22, 2022
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
➢ City of Evans, referral dated November 8, 2022
➢ Town of Kersey, referral dated November 8, 2022
➢ City of Greeley Fire Department, referral dated November 8, 2022
➢ State of Colorado Geologic Survey, referral dated November 10, 2022
➢ West Greeley Conservation District, referral dated November 14, 2022
➢ State of Colorado Parks and Wildlife, referral dated November 15, 2022
➢ XCEL Energy, Inc. , referral dated November 18, 2022
COZ22-0012
Page 1 of 10
The Department of Planning Services' staff has not received referral responses from the following
agencies:
➢ CenturyLink
➢ History Colorado
➢ City of Garden City
➢ Extraction Oil & Gas , Inc.
➢ DCP Operating Company, LP
➢ North Weld County Water District
➢ Weld County School District RE -6
➢ Greeley Weld County Airport Authority
➢ Weld County Department of Planning Services, Building Inspection
COZ22-001 2
Page 2 of 10
Narrative:
The property owner has requested a Change of Zone on a property zoned A (Agricultural) and 1-3
(Heavy Industrial) to 1-3 (Heavy Industrial). Potential uses for 1-3 zoned properties can be found in
Section 23-3-330 of the Weld County Code. Per the Assessor's record, there are four (4) single family
residences located on the property. All residences except for one (1) will be demolished as part of the
site development. The one residence remaining will be utilized as a home for a caretaker, or security
personnel in accordance with Section 23-3-330.E.1 of the Weld County Code as part of an approved site
plan. As the property is not currently being used commercially, any new business will require a Site Plan
Review or a Special Use Permit (USR) for any development activity.
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.
Sec. 22-2-30. - Land Use Goals and Objectives.
Section 22-2-30.B. Locate urban development in urban areas.
North Weld County Water District currently serves the subject property with public water. Should
future development of the site require sanitary sewer, service could be made available from the
City of Greeley and would require annexation, according to the November 22, 2022 referral.
Urban use of this property is acceptable because it is located in an urban area.
Section 22-2-30.C. Harmonize development with surrounding land uses.
The adjacent lands to the west also have split zoning of A (Agricultural) and 1-3 (Heavy Industrial)
and are being utilized in farming operations. Further west is the Arc Industrial Business Park
Subdivision zoned 1-3 (Heavy Industrial) Land to the north and east have been annexed into the
City of Greeley and are associated with the Greeley -Weld County Airport Authority operations,
and lands located south of E. 8th Street are zoned 1-3 (Heavy Industrial) and utilized as a
residence with lands surrounding five (5) acre parcel annexed into the City of Greeley an utilized
by the Bliss Produce Company. Industrial use of this property is in harmony with the majority of
surrounding land uses.
Section 22-2-40.A. Support compatible economic development opportunities.
The site is located within a Weld County Opportunity Zone on the Comprehensive Plan Map and
is in an industrial area, thus encouraging the agglomeration of synergistic businesses.
B. Section 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.
Surrounding land is being used commercially. Notice was sent to one hundred twelve (112)
surrounding properties and no responses were received.
The City of Greeley referral dated November 22, 2022 contained only advisory comments for
future development and no concerns with the present request. Per the referral, the city states
"The subject site is located with the City of Greeley's Long Range Expected Growth Area
COZ22-001 2
Page 3 of 10
(LREGA). If the site should be annexed into the City of Greeley, any development would be
required to follow the Municipal Code criteria...."
The Greeley Land Use Guidance Map (2017) designates the area as the Northeast Industrial
Area for future industrial development land uses. The City of Evans expressed no concerns in
the November 8, 2022 referral stating "The proposed development is outside the City of Evans
Future Land Use Map area and have no comment on the application," and the Town of Kersey
expressed no concerns in the November 8, 2022 referral. The Town of Garden City did not
respond to the referral. The City of Greeley Fire Department also expressed no concerns in the
November 8, 2022 referral.
Future 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 for comments. The Conditions of Approval and Development Standards applied to both
this Change of Zone and any future Site Plan Reviews will adequately address and mitigate
potential impacts. Due to the proximity of other industrial operations in the vicinity, a Change of
Zone to 1-3 (Heavy Industrial) is compatible with the surrounding land uses.
C. Section 23-2-30.A.3. - Adequate water and sewer service can be made available to the site to
serve the uses permitted within the proposed zone district.
The existing residence is currently served with domestic water from North Weld County Water
District via account #2184003 and an on -site wastewater treatment system that is not
documented/ permitted. This existing OWTS which is not currently permitted/documented
through the Weld County Department of Public Health & Environment will require an OWTS
Evaluation prior to the issuance of the required permit/documentation. In the event the system is
found to be inadequate, the system must be brought into compliance with current OWTS
regulations, as expressed by the Department of Public Health and Environment in the November
20, 2022 referral response. The City of Greeley in their November 22, 2022 referral stated "If in the
future, water and sanitary sewer services are requested to serve the property, then annexation
into the City of Greeley will be required, prior to the City of Greeley providing those utility
services. The City of Greeley does not currently provide utility services to the subject property."
North Weld County Water District did not respond to the referral request. Section 24-1-40 of the
Weld County Code states "Urban -scale commercial and industrial developments require public
or private sewer systems (Onsite Wastewater Treatment Systems)."
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.
Section 23-3-330 of the Weld County Code states, "... Properties zoned 1-3 should be located
near transportation infrastructure such as highways, railroads, or airports." East 8th Street is
designated on the 2011 Greeley Transportation Plan as a minor arterial and a collector road on
the Weld County Functional Classification Map (2020). The Weld County Development Review
referral dated November 15, 2022 indicated that per Sec. 23-2-30.A.4. of the Code, paved
roadways are considered adequate in functional classification, width and structural capacity to
meet the traffic requirements of the change of zone.
The City of Greeley Real Estate Management Department commented on a parcel acquired for
right-of-way that is adjacent to the property in review here. The City is currently working with a
surveyor to obtain the necessary legal descriptions and recording the documents to create
future right-of-way and not a separate legal parcel.
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:
COZ22-0012
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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 site is located within the A -P (Airport) Overlay District. Development of the site will be
required to comply with applicable requirements in Chapter 23, Article V, Division 1 of the
Weld County Code. The Greeley Weld County Airport Authority did not respond to the
request for comment. Future development applications will be sent to the airport for review.
The site is also located in the Floodplain Management Overlay District. Development of the
site will be required to comply with applicable requirements in Chapter 23, Article XI of the
Weld County Code The site is not located within the following overlay districts officially
adopted by the County: geologic, historic, or Multiple Separate Storm Sewer System (MS4).
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.
This property contains a significant and sizeable sand and gravel resource. Sand and gravel
are present to a depth ranging from 35 to 112 feet throughout the parcel. The parcel can be
considered to contain a sand and gravel deposit; and the property owner will be pursuing a
Division of Reclamation, Mining, and Safety (DRMS) 112 Construction Materials permit with
the application being submitted in December 2022 to the DRMS. A Weld County Use by
Special Review Permit will be pursued once the DRMS has approved the 112 Construction
Materials permit application. The land that is being proposed as an RV storage area will also
be included in the DRMS permit application as a future phase for mining where potential
batch plants and stockpiling would occur.
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.
Subsurface conditions are varied but consisted of gravelly sands to sandy gravels with
localized layers of sandy clay. Claystone to sandstone bedrock was encountered at depths
ranging from forty (40) feet to one hundred twelve (112) feet below ground surface. The
NRCS Report submitted with the application also considered soils. On the lower terrace
within the floodplain soils that are poorly drained, have a low shrink swell potential and the
substratum consists of recent alluvium and gravelly substratum and are frequently flooded.
Soils primarily located on drainageways on uplands, flood plains on intermittent streams on
uplands have a shrink -swell potential is low and are rarely flooded, with the upper terrace
soils identified as excessively drained, with a low shrink swell and consists of gravelly alluvium.
The soils do not have moderate or severe limitations for construction. Permanent structures
are not planned for the site. If a permanent structure is constructed on the site in the future,
an engineering design will be done for the structure to ensure that its foundation is
appropriate for the soils found where it is constructed.
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) and 1-3 (Heavy Industrial) Zone District to the 1-3 (Heavy
Industrial) Zone District is conditional upon the following:
COZ22-001 2
Page 5 of 10
1. Prior to recording the plat:
A. All on -site wastewater treatment systems (OWTS) located on the property shall have appropriate
permits/documentation from the Weld County Department of Public Health & Environment. Any
existing OWTS which is not currently permitted/documented through the Weld County
Department of Public Health & Environment will require an OWTS Evaluation prior to the issuance
of the required permit/documentation. In the event the system is found to be inadequate, the
system must be brought into compliance with current OWTS regulations. (Department of Public
Health and Environment)
B. The applicant shall either submit a copy of an agreement with the property's mineral
owner/operators stipulating that the oil and gas activities have been adequately incorporated into
the design of the site or show evidence that an adequate attempt has been made to mitigate the
concerns of the mineral owner/operators. The plat shall be amended to include any possible
future drilling sites and/or setbacks. (Department of Planning Services)
C. The applicant shall acknowledge the requirements of the Colorado Division of Water Resources ,
as stated in the referral response dated November 14, 2022. Evidence of such shall be
submitted in writing to the Weld County Department of Planning Services.
D. All vehicles located on the property must be operational with current license plates or be
screened from all adjacent properties and public rights of way or be removed from the property.
All other items considered to be part of a noncommercial junkyard must also be removed from the
property or screened from adjacent properties and public rights -of -way.
E. The applicant shall provide to the Weld County Department of Planning Services a copy of the
access permit issued by the City of Greeley which grants access to East 8th Street, or written
evidence that the applicant has complied with the requirements of the City of Greeley.
F. The applicant shall provide to the Weld County Department of Planning Services a copy of the
recorded documents association with the conversion of a legal parcel into future right -if -way for E.
8th Street.
G. The applicant shall receive approval for resubdivision to vacate all road rights -of -way shown on
the Map of Union Colony Lands and contained within the property boundary to the
Department of Planning Services per Chapter 24, Article IX, Section 24-9-10 of the Weld
County Code. The accepted plat shall be submitted for recording.
H. The plat shall be amended to delineate the following:
1. All pages of the plat shall be labeled COZ22-0012. (Department of Planning Services)
2. The plat shall adhere to Section 23-2-50.C and D. of the Weld County Code. (Department of
Planning Services)
3. All recorded easements shall be shown and dimensioned on the Change of Zone plat.
(Department of Planning Services)
4. All approved accesses shall be delineated on the plat. (Department of Planning Services)
5. This portion of E 8th Street is under the jurisdiction of the City of Greeley. Please contact the
municipality to verify the right-of-way. Show and label the right-of-way. Show the approved
access(es) on the site plan and label with the approved access permit number if applicable.
(Development Review)
COZ22-0012
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6. Show the approved access point(s) on the plat and label with the approved City of Greeley
access permit number if applicable. (Development Review)
7. Show the floodplain and floodway (if applicable) boundaries on the map. Label the
floodplain boundaries with the FEMA Flood Zone and FEMA Map Panel Number or
appropriate study. (Department of Planning Services — Floodplain)
8. The following notes shall be delineated on the Change of Zone plat:
1. The Change of Zone allows for 1-3 (Heavy Industrial) uses which shall comply with the for
1-3 (Heavy Industrial) Zone District requirements as set forth in Article III Division 4 of the
Weld County Code. (Department of Planning Services)
2. 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)
3. Any future structures or uses on site must obtain approval through a Site Plan Review or
Use by Special Review. (Department of Planning Services)
4. Any future structures or uses on site must obtain the appropriate zoning and building
permits. (Department of Planning Services)
5. 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)
6. Access on the site shall be maintained to mitigate any impacts to the public road
including damages and/or offsite tracking. (Development Review)
7. The historical flow patterns and runoff amounts will be maintained on the site.
(Development Review)
8. Water service may be obtained from North Weld County Water District. (Department of
Public Health and Environment)
9. 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)
10. 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)
11. A Flood Hazard Development Permit is required for all construction or development
occurring in the floodplain or floodway as delineated on Federal Emergency Management
Agency (FEMA) FIRM Community Panel Map # 08123C -1542F and 1541F dated March
23, 2022 (Cache la Poudre River Floodplain). Any development shall comply with all
applicable Weld County requirements, Colorado Water Conservation Board requirements
as described in Rules and Regulations for Regulatory Floodplains in Colorado, and
FEMA regulations and requirements as described in 44 CFR parts 59, 60, and 65. The
FEMA definition of development is any man-made change to improved or unimproved real
COZ22-001 2
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estate, including by not limited to buildings or other structures, mining, dredging, filling,
grading, paving, excavation, drilling operations, or storage of equipment and materials.
(Department of Planning Services — Floodplain)
12. FEMA's floodplain boundaries may be updated at any time by FEMA. Prior to the start of
any development activities, the owner should contact Weld County to determine if the
floodplain boundaries have been modified. (Department of Planning Services —
Floodplain)
13. Building permits shall be required for any new construction or set up manufactured
structure, per Section 29-3-10 of the Weld County Code. A building permit application
must be completed and submitted. 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 Building Codes;
2018 International Residential Code; 2018 International Energy Code; 2020 National
Electrical Code; and Chapter 29 of the Weld County Code. A plan review shall be
approved, and a permit must be issued prior to the start of construction. (Department of
Building Inspection)
14. Building Permits issued on the proposed lots will be required to adhere to the fee
structure of the County -Wide Road Fee Impact Program, the County Facility Fee, and
Drainage Impact Fee Programs. (Department of Planning Services)
15. 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)
16. 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.
17. RIGHT TO FARM STATEMENT: Weld County is one of the most productive agricultural
counties in the United States, typically ranking in the top ten counties in the country in
total market value of agricultural products sold. The rural areas of Weld County may be
open and spacious, but they are intensively used for agriculture. Persons moving into a
rural area must recognize and accept there are drawbacks, including conflicts with long-
standing agricultural practices and a lower level of services than in town. Along with the
drawbacks come the incentives which attract urban dwellers to relocate to rural areas:
open views, spaciousness, wildlife, lack of city noise and congestion, and the rural
atmosphere and way of life. Without neighboring farms, those features which attract
urban dwellers to rural Weld County would quickly be gone forever.
COZ22-001 2
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Agricultural users of the land should not be expected to change their long-established
agricultural practices to accommodate the intrusions of urban users into a rural area.
Well -run agricultural activities will generate off -site impacts, including noise from tractors
and equipment; slow -moving farm vehicles on rural roads; dust from animal pens, field
work, harvest and gravel roads; odor from animal confinement, silage and manure;
smoke from ditch burning; flies and mosquitoes; hunting and trapping activities; shooting
sports, legal hazing of nuisance wildlife; and the use of pesticides and fertilizers in the
fields, including the use of aerial spraying. It is common practice for agricultural
producers to utilize an accumulation of agricultural machinery and supplies to assist in
their agricultural operations. A concentration of miscellaneous agricultural materials often
produces a visual disparity between rural and urban areas of the County. Section 35-3.5-
102, C.R.S., provides that an agricultural operation shall not be found to be a public or
private nuisance if the agricultural operation alleged to be a nuisance employs methods
or practices that are commonly or reasonably associated with agricultural production.
Water has been, and continues to be, the lifeline for the agricultural community. It is
unrealistic to assume that ditches and reservoirs may simply be moved "out of the way"
of residential development. When moving to the County, property owners and residents
must realize they cannot take water from irrigation ditches, lakes, or other structures,
unless they have an adjudicated right to the water.
Weld County covers a land area of approximately four thousand (4,000) square miles in
size (twice the size of the State of Delaware) with more than three thousand seven
hundred (3,700) miles of state and County roads outside of municipalities. The sheer
magnitude of the area to be served stretches available resources. Law enforcement is
based on responses to complaints more than on patrols of the County, and the distances
which must be traveled may delay all emergency responses, including law enforcement,
ambulance, and fire. Fire protection is usually provided by volunteers who must leave
their jobs and families to respond to emergencies. County gravel roads, no matter how
often they are bladed, will not provide the same kind of surface expected from a paved
road. Snow removal priorities mean that roads from subdivisions to arterials may not be
cleared for several days after a major snowstorm. Services in rural areas, in many
cases, will not be equivalent to municipal services. Rural dwellers must, by necessity, be
more self-sufficient than urban dwellers.
People are exposed to different hazards in the County than in an urban or suburban
setting. Farm equipment and oil field equipment, ponds and irrigation ditches, electrical
power for pumps and center pivot operations, high speed traffic, sand burs, puncture
vines, territorial farm dogs and livestock, and open burning present real threats.
Controlling children's activities is important, not only for their safety, but also for the
protection of the farmer's livelihood.
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. The plat shall be prepared in accordance with the requirements of Section 23-2-50. D. of
the Weld County Code.
4. Upon approval of the plat, Conditional of Approval 3. above, the applicant shall submit to the
Department of Planning Services 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 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. 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
COZ22-0012
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Board of County Commissioners. However, no building permit shall be issued, and no use shall
commence on the property until the plat is recorded and a land use permit perfected.
6. 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.
7. In accordance with Appendix 5-J of the Weld County Code, should the 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.
COZ22-001 2
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January 11, 2023
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.weldgov.com
E-MAIL: kogle@weldgov.com
PHONE: (970) 400-3549
FAX: (970) 304-6498
York JC
J & T Consulting Inc
305 Denver Avenue, Suite D
Fort Lupton, CO 80621
Subject: COZ22-0012 - Change of Zone from the A (Agricultural) and 1-3 (Heavy Industrial) Zone
Districts to the 1-3 (Heavy Industrial) Zone District
On parcel(s) of land described as:
PT W2 SECTION 3, T5N, R65W of the 6th P.M., Weld County, Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on February 07, 2023 at 1:30
p.m. A subsequent hearing with the Board of County Commissioners will be held on March 08, 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,
Kim e
Planner
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