HomeMy WebLinkAbout20220141.tiffRESOLUTION
RE: GRANT CHANGE OF ZONE, COZ21-0006, FROM THE A (AGRICULTURAL) ZONE
DISTRICT TO THE C-3 (BUSINESS COMMERCIAL) ZONE DISTRICT -
GENELL HULSTROM, C/O MACRITCHIE STORAGE VENTURES, 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 19th day of January, 2022, at 10:00 a.m., in
the Chambers of the Board for the purpose of hearing the application of Genell Hulstrom, 2714
County Road 7, Erie, Colorado 80516, c/o Macritchie Storage Ventures, LLC, Suite 1700, 715 5th
Avenue SW, Calgary, Alberta, Canada T2P 2X6, requesting a Change of Zone, COZ21-0006,
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 Recorded Exemption, RE -3854; being part
of the S1/2 NW1/4 of Section 22, Township 1 North,
Range 68 West of the 6th P.M., Weld County,
Colorado
WHEREAS, the applicant was represented by Stephen Litsas, Kimley-Horn and
Associates, Inc., 4582 South Ulster Street #1500, Denver, Colorado 80237, 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:
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 of the
Weld County.
1) Section 22-2-30.B states: "Locate urban development in urban
areas." The site is located within the three (3) mile referral area of
the Cities of Dacono and Northglenn as well as the Towns of
Frederick and Erie. The City of Dacono did not return a referral. The
City of Northglenn and the City and County of Broomfield did not
have any concerns with the request, as stated in their referrals. The
proposed Change of Zone is within the Town of Erie Growth
Management Area. The Erie Land Use Plan Map (2019) designates
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CHANGE OF ZONE (COZ21-0006) - GENELL HULSTROM, C/O MACRITCHIE STORAGE
VENTURES, LLC
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the proposed location as two (2) land use categories, B -Business
and I -Industrial. The Town of Erie returned a referral dated October
26, 2021, indicating "The Business zone district is a transition from
our anticipated- Regional Commercial development to the north,
which is our gateway into the community from 1-25. Within the Town
of Erie Unified Development Code (UDC), Outdoor recreational
Vehicle Storage is not allowed in the Business zone district; and
would be considered as a Special Review Use within our Light
Industrial zone district." Weld County staff finds the proposed
commercial use of the property is compatible with the Town of Erie's
expected Business and Industrial use of the area.
2) Section 22-4-10.B — The proposal is located within a Weld County
Opportunity Zone, as defined by the Comprehensive Plan Map,
adopted in 2020. A Weld County Opportunity Zone is an area
designated for potential commercial and industrial opportunity,
which has the potentia► to be rezoned to commercial or industrial.
The property is located within a Weld County Opportunity Zone due
to its proximity to Interstate 25. Additionally, County Road 7 is
considered a Principal Arterial roadway in the Town of Erie and
connects to Erie Parkway, which is appropriate transportation
infrastructure for commercially zoned properties. The property is
also located within the 1/4 mile encouraged annexation area.
Planning staff recommended the applicant speak with the Town of
Erie prior to submitting the Change of Zone, and the Town of Erie,
at the time, did not desire annexation.
B. Section 23-2-40.B.2 — The uses which will be allowed on the subject
property, by granting the Change of Zone, will be compatible with the
surrounding land uses. The property is located adjacent to a property
permitted for an RV Storage Facility through Use by Special Review Permit,
USR17-0017. The proposed Change of Zone and the proposed use of the
property will be similar to the current use of the surrounding property.
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. Water is currently provided by the Left Hand Water District (LHWD).
The LHWD did not return a referral; however, the application materials
include a letter dated August 25, 2021, from the LHWD, which stated the
subject property is within the "Service Area" and has an existing 5/8 -inch
commercial tap. An On -site Wastewater Treatment System (OWTS) will be
installed for the office. The Weld County Department of Public Health and
Environment did not have any concerns in their referral dated October 12,
2021.
D. Section 23-2-40.B.4 - Street or highway facilities providing access to the
property are adequate in size to meet the requirements of the proposed
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CHANGE OF ZONE (COZ21-0006) - GENELL HULSTROM, C/O MACRITCHIE STORAGE
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zone districts. The applicant is proposing to access off of County Road 7.
This portion of County Road 7 is under the jurisdiction of the Town of Erie.
The Town of Erie's referral dated October 25, 2021, indicated this is a
principal arterial and they require a 140 -foot right-of-way, with an additional
30 -foot landscape buffer between the right-of-way and development. A
Condition of Approval has been included to ensure the applicant
communicates with the Town of Erie regarding any concerns, including the
access off of County Road 7, which is under the jurisdiction of the Town of
Erie.
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 — The proposed Change of Zone is not
located within an Overlay District, Municipal Separate Storm Sewer
System Area (MS4) or Special Flood Hazard Area, but is located in
a Geological Hazard Area. The applicant is notifying the appropriate
mineral owner, in relation to the coal that is located roughly 400 feet
deep.
2) Section 23-2-40.B.5.b — The proposed Change of Zone does not
interfere with the present extraction of mineral resources. The
applicant included a letter dated September 1, 2021, from Lyons
Gaddis Attorneys and Counselors regarding the minerals on the
site. It was determined there are mineral lessees onsite but there
are not any existing subsurface use agreements. Additionally, the
applicant, per their mineral research, has indicated all future
development will not interfere with future extraction of mineral
resources and the mineral estate.
3) Section 23-2-40.B.5.c — The NRCS Soil Survey, provided by the
applicant, indicated the following soils on site: 42 -Nunn clay loam,
67 Ulm clay loam, 82 Wiley -Colby complex, and 83 Wiley -Colby
complex. There are not any concerns for development with the soils
onsite.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Genell Hulstrom, c/o Macritchie Storage Ventures, LLC,
for a Change of Zone, COZ21-0006, 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:
Prior to recording the plat:
A. The applicant shall attempt to address the requirements of the Town of
Erie, as stated in the referral response dated October 25, 2021. Evidence
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Carly Koppel, Clark and Recorder, Weld County , CO PL2808
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CHANGE OF ZONE (COZ21-0006) - GENELL HULSTROM, C/O MACRITCHIE STORAGE
VENTURES, LLC
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of such shall be submitted, in writing, to the Weld County Department of
Planning Services.
B. The applicant shall attempt to address the requirements of the Farmers
Reservoir and Irrigation Company (Community Ditch Company), as stated
in the referral response dated October 26, 2021. Evidence of such shall be
submitted, in writing, to the Weld County Department of Planning Services.
C. The plat shall be amended to delineate the following:
1) All pages of the plat shall be labeled COZ21-0006.
2) The plat shall adhere to Sections 23-2-50.C and D of the Weld
County Code.
3) All recorded easements and rights -of -way shall be shown and
dimensioned on the Change of Zone plat by book and page or
reception number.
4) This portion of County Road 7 is under the jurisdiction of the Town
of Erie. Please contact the municipality to verify the right-of-way.
Show and label the right-of-way, along with the approved
access(es), on the site plan and label with the approved access
permit number, if applicable.
D. The following notes shall be delineated on the Change of Zone plat:
1) Change of Zone, COZ21-0006, allows for C-3 (Business
Commercial) uses, which shall comply with the requirements set
forth in Chapter 23, Article III, Division 3 of the Weld County Code.
2) Any future structures or uses onsite must obtain the appropriate
Zoning and Building Permits.
3) Water service may be obtained from the Left Hand Water District.
4) 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.
5) 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
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CHANGE OF ZONE (COZ21-0006) - GENELL HULSTROM, C/O MACRITCHIE STORAGE
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of the soil, or to structural loading detrimental to the structural
integrity or capability of the component to function as designed.
6) 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. -
7) Access on the site shall be maintained to mitigate any impacts to
the public road, including damages to and/or off -site tracking.
8) The historical flow patterns and runoff amounts will be maintained
on the site.
9) Building Permits may 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
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.
10) Building Permits issued on the proposed lots will be required to
adhere to the fee structure of the County -Wide Road Impact Fee,
County Facility Fee, and Drainage Impact Fee Programs.
11) 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
al! applicable Weld County regulations.
12) 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
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- GENELL HULSTROM, C/O MACRITCHIE STORAGE
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. The plat shall be prepared in accordance with
the requirements of Section 23-2-50.D of the Weld County Code.
3. Upon approval of the plat and satisfaction of Condition of Approval #2 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 the
Department of Planning Services. 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.
4. 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.
5. If a plat has not been recorded within 120 days of the date of the approval of the
Change of Zone (COZ), or within a date specified by the Board of County
Commissioners, the Board may require the landowner to appear before it and
present evidence substantiating that the COZ has not been abandoned and that
the applicant possesses the willingness and ability to record the plat. The Board of
County Commissioners may extend the date for recording the plat. If the Board
determines that conditions supporting the original approval of the COZ cannot be
met, the Board may, after a public hearing, revoke the COZ.
6. In accordance with Weld County Code Ordinance #2012-7 approved June 1, 2012,
should the plat not be recorded within the required 120 days from the date the
Board of County Commissioners Resolution a $50.00 recording continuance
charge shall added for each additional three (3) month period.
7. The property owner shall be allowed 120 days from the date the Change of Zone
plat is recorded to submit a Site Plan Review application.
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2022-0141
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CHANGE OF ZONE (COZ21-0006) - GENELL HULSTROM, C/O MACRITCHIE STORAGE
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 19th day of January, A.D., 2022.
ATTEST: ddW. •�CLLo•4i
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Carly Koppes, Clerk and Reoorder, Weld County , CO
1111 'iii' 1I III
BOARD OF COUNTY COMMISSIONERS
WE COUNTY, COLORADO
S ott K. James, Chair
2022-0141
PL2808
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