HomeMy WebLinkAbout20223486.tiffPlanner:
Case Number:
Applicant:
LAND USE APPLICATION
SUMMARY SHEET
C. Gathman
COZ22-0010
Kennard M. Knudson — 14971 Vine Street, Thornton, CO. 80602
Hearing Date: November 1, 2022
Representative Empson Investments c/o David Rusaw — 11052 Cimarron Street Unit E,
Firestone, CO. 80504
Request:
Legal
Description:
Location:
Acres:
Change of Zone from the A (Agricultural) Zone District to the C-3 (Business
Commercial) Zone District
Lot A Recorded Exemption RECX16-0028; being part of the SE4 of Section 33,
T1 N, R67W of the 6th PM, Weld County, Colorado
North of and adjacent to County Road 2 and west of and adjacent to County
Road 19.
+/- 19.97 acres Parcel #. 1469-33-4-00-039
The criteria for review of this Change of Zone are listed in Section 23-2-30 of the Weld County
Code.
The Department of Planning Services' staff has received referral responses with comments from
the following agencies:
➢ Weld County Department of Planning Services — Development Review, referral dated
8/23/2022
➢ Weld County Department of Public Health and Environment, referral dated 9/21/2022
➢ State of Colorado, Division of Water Resources, referral dated 8/18/2022
➢ Adams County, referral dated 8/19/2022
➢ Weld County Oil & Gas Energy Department, referral dated 8/30/2022
The Department of Planning Services' staff has received referral responses without comments
from the following agencies:
➢ City of Northglenn, referral dated 8/13/2022
➢ Weld County Department of Planning Services - Code Compliance, referral dated 8/17/2022
➢ Weld School District RE -8, referral dated 8/17/2022
➢ United Power, referral dated 9/7/2022
The Department of Planning Services' staff has not received responses from the following
agencies:
➢ City of Northglenn
➢ Town of Dacono
➢ Colorado Parks and Wildlife
➢ West Adams Seal Conservation District
➢ Brighton Fire Protection District
➢ City of Thornton
➢ City of Brighton
➢ Todd Creek Village Metropolitan District
C OZ22-0010
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➢ Union Rural Electric
➢ Pioneer Water Pipeline
➢ Western Gas Supply
➢ KP Kauffman
➢ Occidental Petroleum Corporation
C OZ22-0010
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CASE SUMMARY:
The applicant is proposing to rezone the property from A (Agricultural) to C-3 (Business
Commercial). The site is currently vacant. Future development is proposed to be served by the
Todd Creek Village Metropolitan District for water and by septic systems. Sewer from the Todd
Creek Village is anticipated in the future (anticipated in the next three (3) years.
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 VVeld 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.
B. Locate urban development in urban areas.
1. Encourage annexation of urban -scale development. Zone changes and
subdivisions within one -quarter mile of municipal limits are strongly discouraged.
Property owners who want to rezone or subdivide their property are encouraged
to contact the municipality about annexation.
The property is located more than 1/4 mile from the municipal limits of the nearest
municipality. The nearest municipal limits are approximately 1 -mile from the
property. The City of Thornton is one-half mile south of County Road 2 in Adams
County
2. Urban -scale development shall only be placed where urban services, including
public water, are available.
The property is proposed to be served by Todd Creek Metropolitan District for
water.
C. Harmonize development with surrounding land uses.
1. Transition between land use types and intensities with buffers. Uses that are
incompatible with existing uses must be able to mitigate conflicts.
Future commercial 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 surrounding property owner for
comments. These future uses are subject to the bulk standards of the C-3
(Business Commercial) Zone District which requires outdoor storage to be
screened from public rights -of -way and all adjacent properties. Based on the
existing uses in the vicinity, a Change of Zone to C-3 (Business Commercial) is
compatible with the surrounding land uses.
Sec. 22-2-40. - Economic Development Goals and Objectives.
A. Support compatible economic development opportunities.
1. Identify target areas where the County is able to encourage shovel -ready
commercial and industrial development.
The property is located within a VVeld County Opportunity Zone. Commercial and
Industrial Zoning are preferred in these locations.
C OZ22-0010
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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.
The property is located adjacent to a property containing an outbuilding being used for
personal storage and an office. A residence and outbuilding are located on a property
located to the north/northeast of the site. An RV and Boat Storage facility (approved
under USR12-0022) and a self -storage facility (approved under USR17-0067) are located
to the east of the property (on the east side of County Road 19).
The property is not located within a Coordinated Planning Area boundary.
Adams County, in their referral response dated August 19, 2022, commented that
residential development is anticipated on the Adams County side of 168th Avenue.
Adams County supports low -intensity, neighborhood -serving commercial uses in this
area.
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.
Public Water (the applicant has provided a conditional will serve letter from Todd Creek
Village Metropolitan District) and individual septic systems are proposed.
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.
County Road 19 is found to be adequate in functional classification, width and structural
capacity to meet the traffic requirements of the proposed zone. County Road 19 is a
paved two-lane road.
The property is bounded on the south by County Road 2. While the County does have
right-of-way in this area, it is not maintained by the County. This segment of County
Road 2 is under the jurisdiction of Adams County.
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.
This property is not located within any overlay district officially adopted by the
County, including Special Flood Hazard Area, Geologic Hazard Overlay District, A -P
(Airport) Overlay District, 1-25 Overlay District, MS4 - Municipal Separate Storm
Sewer System 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.
Earth Engineering Consultants, LLC, in their Geological Hazards and Mineral
Extraction Report, dated July 12, 2022, indicates that the site may be located within
the Denver Coal Region and may contain bituminous and subbituminous coal.
However, the coal may be under approximately 150 to 2,000 feet of overburden
materials. The report also states that no significant sand and gravel deposits are
expected on this property.
C OZ22-0010
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3) Section 23-2-30.A.5.c. — If soil conditions on the site are such that they present
moderate or severe limitations to the construction of structures or facilities proposed
for the site, that such limitations can be overcome and that the limitations will be
addressed by the applicant and/or the applicant's successors or assigns prior to the
development of the property.
Earth Engineering Consultants, LLC, in their Preliminary Geotechnical Report
prepared June 27, 2022, states that the site was underlain by lean clay with sand that
extends to depths approximately 9 to 13 feet below ground level extending to
claystone with imbedded sandstone. The report states that site preparation and
design of improvements should include measures to mitigate the potential site
improvements due to the expansion of soils. The report included preliminary
recommendations/measures regarding shallow foundations, deep foundations and
below grade areas.
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 C-3 (Business Commercial) Zone
District is conditional upon the following:
1. Prior to recording the plat:
A. The applicant shall provide the Weld County Department of Planning Services with a
Statement of Taxes from the Weld County Treasurer showing no delinquent taxes exist
forthe original parcel. (Department of Planning Services)
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 comments from the Weld County Oil & Gas Energy
Department (OGED) as stated in their referral dated August 30, 2022. Written evidence
of such shall be provided to the Department of Planning Services. (OGED)
D. The plat shall be amended to delineate the following:
1. All pages of the plat shall be labeled COZ22-0010. (Department of Planning
Services)
2. The plat shall adhere to Section 23-2-50.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. 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 140
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
C OZ22-0010
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location of the roadway. Pursuant to the definition of setback in the VVeld County
Code Sec. 23-1-90, the required setback is measured from the future right-of-way
line. This road is maintained by VVeld County. (Development Review)
6. This portion of County Road 2 is under the jurisdiction of Adams County. Please
contact the County to verify the right-of-way. Show and label the right-of-way.
(Development Review)
7. Show and label the existing permitted access point onto County Road 19 and the
usage type. (Development Review)
8. Show and label a sixty (60) -ft. access and utility easement (Rec. No. 3985122) to
provide legal access to the parcel on the plat. (Development Review)
2. The following notes shall be delineated on the Change of Zone plat:
A. The Change of Zone allows for C-3 (Business Commercial) uses which shall comply with
the requirements as set forth in Chapter 23, Article Ill, Division 3 of the Weld County
Code. (Department of Planning Services)
B. 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)
C. Any future structures or uses on site must obtain approval through a Site Plan Review or
Use by Special Review. (Department of Planning Services)
D. Any future structures or uses on site must obtain the appropriate zoning and building
permits. (Department of Planning Services)
E. Water service may be obtained from Todd Creek Metropolitan District. (Department of
Public Health and Environment)
F. The parcel is currently not served by a municipal sanitary sewer system. Sewage
disposal may be by an on -site wastewater treatment system 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)
G. 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)
H. 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)
I. Access on the site shall be maintained to mitigate any impacts to the public road
including damages and/or offsite tracking. (Development Review)
J. All access and utility easements are dedicated for the benefit of all owners of lots
depicted on this plat, including owners of future lots created therefrom, regardless of lot
configuration or number of users, and without limitation of the use or intensity of the use
of such easements. No lot owner may install a gate or otherwise impede the use of such
easements without the approval of all persons with rights of use of such easements.
(Development Review)
C OZ22-0010
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K. VVeld 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)
L. 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)
M. The historical flow patterns and runoff amounts will be maintained on the site.
(Development Review)
N. Building permits shall be obtained prior to the construction of any new building. A plan
review is required for each building. Plans shall bear the wet stamp of a Colorado
registered architect or engineer. Two complete sets of plans are required when applying
for each permit.
O. 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; 2020 International Energy Code;
2017 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.
P. 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.
Q. 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.
R. 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. The plat shall be prepared in accordance with the requirements of Section
23-2-50. D. of the VVeld 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
C OZ22-0010
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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 Board of County Commissioners. However, no building permit shall be
issued, and no use shall commence on the property until the plat is recorded.
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.
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September 29, 2022
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.weldgov.com
E-MAIL: cgathman@weldgov.com
PHONE: (970) 400-3537
FAX: (970) 304-6498
RU SAW DAVID
11052 Cimarron St Unit E
FIRESTONE, CO 80504
Subject: COZ22-0010 - Change of Zone from the A (Agricultural) Zone District to the C-3 (Business
Commercial) Zone District.
On parcel(s) of land described as:
LOT A REC EXEMPT RECX16-0028; PART SE4 SECTION 33, Ti N, R67W of the 6th P.M., Weld County,
Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on November 1, 2022 at
12:30 p.m. A subsequent hearing with the Board of County Commissioners will be held on
December 21, 2022 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,
Chris Gathman
Planner
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