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Angela Snyder
COZ21-0010
LAND USE APPLICATION
STAFF COMMENTS
Hearing Date: February 15, 2021
R.H. Amen Farms, LLC, c/o Michael Wailes and David Wailes,
26547 County Road 15, Johnstown, CO 80534
AGPROfessionals, c/o Shacaira Munoz, 3050 67th Ave, Greeley, CO 80634
Change of Zone from the A (Agricultural) Zone District to the 1-3 (Heavy Industrial)
Zone District
Part of the E2 and part of the NW4 of Section 19, Township 5 North, Range 67
West of the 61F P.M., Weld County, Colorado
South of and adjacent to County Road 56; approximately 0.5 miles east of County
Road 13
± 145 acres
Parcel #s: 0957-19-1-00-009
0957-19-4-00-011
0957-19-4-00-012
POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS
The Department of Planning Services' staff has received responses from the following agencies:
With Comment:
• Town of Windsor, referral dated December 6, 2021
• Front Range Fire Rescue, referral dated December 10, 2021
• Colorado Division of Water Resources, referral dated December 15, 2021
• Weld County Department of Public Health and Environment, referral dated December 9, 2021
• Weld County Department of Planning Services — Floodplain, referral dated December 6, 2021
• Weld County Department of Planning Services — Development Review, referral dated January 6,
2022
Without Comment:
• Larimer County, referral December 16, 2021
• Weld County Sheriff's Office, referral dated December 17, 2021
• Little Thompson Water District, referral dated December 16, 2021
• Weld County Zoning Compliance, referral dated December 9, 2021
The Department of Planning Services' staff has not received responses from:
• City of Greeley
• City of Loveland
• Town of Milliken
• Town of Johnstown
• Union Pacific Railroad
• Weld County Assessor
• Great Western Railway
• Colorado Parks and Wildlife
• Hill and Brush Ditch Company
• Weld County School District RE -5J
COZ21-0010
Page 1 of 10
■ Big Thompson Conservation District • Colorado Department of Transportation
■ Reorganized Farmer's Ditch Company
Narrative
The property owner, R.H. Amen Farms, LLC, has requested a Change of Zone on a property zoned
A (Agricultural) to 1-3 (Heavy Industrial). The request includes three (3) vacant properties along the
Great Western (OmniTRAX) and the Union Pacific Railroads. The properties are currently used for
agricultural production. Potential uses for 1-3 zoned properties can be found in Section 23-3-330 of
the Weld County Code. The recommendation includes dedication of right-of-way that may be
accomplished on the Change of Zone plat.
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.
All necessary application materials were found to be complete on November 10, 2021.
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 this Code; if not,
then that the zoning of the property under consideration is faulty, or that changing conditions
in the area warrant a Change of Zone.
Section 22-2-30.B. - Locate urban development in urban areas.
Industrial development naturally follows along the rail lines.
Section 22-2-30.C. - Harmonize development with surrounding land uses.
Adjacent lots to the north are zoned 1-3 and being used agriculturally and industrially.
Residential and floodplains will need adequate buffering as part of the site design. Industrial
use of this property can be made to integrate with surrounding land uses and the
incompatibilities can be mitigated by with Conditions of Approval, Design Standards, and
Operational Standards that will be employed as part of the Site Plan Review.
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.
uses.
Section 22-2-60.A. — Preserve wetlands and critical habitats.
The site includes a portion of the Big Thompson River and the wetlands surrounding it. Site
design, such as location of surface disturbance and water quality features, will need to
incorporate protection of these vital wetlands. Enough land within the proposal lies outside
of this sensitive area to justify industrial use.
B. Section 23-2-30.A.2. - That 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 Town of Johnstown, the Town of Loveland, the Town of Milliken and the City of Greeley
did not return referral responses. The Town of Windsor submitted a referral response on
COZ21-0010
Page 2 of 10
December 6, 2021, indicating concerns with the following intersections with U.S. Highway
34: increased traffic at County Roads 13 and 17 and safety concerns at unregulated County
Road 15. The property is not within the Growth Management Area of the Town of Windsor.
The proposal is located within the growth management boundary of the Town of Johnstown.
The 2020 Johnstown Comprehensive Plan designates the two northern parcels and a part of
the southern parcel of the request as areas of low-density/intensity development with an
agricultural preservation overall. The recommended density is two dwelling units per acre.
The Plan states the following regarding this designation:
This agriculture preservation overlay represents areas identified by the United States
Department of Agriculture (USDA) as prime for agriculture. As a `Right to Farm
County", Weld County recognizes the importance of maintaining productive
agricultural lands to support the economies of scale required for agricultural
operations. Johnstown concurs and welcomes the continued production of
agricultural products within its Growth Management Area. While many acres of
Johnstown's prior surrounding agricultural lands have been converted to
development, the Town is open to working with the community to preserve and
conserve areas of ongoing production and prime agricultural lands. Innovative
financing and land use tools exist and should be considered to assist those interested
in maintaining their agricultural businesses and way of life.
The southern parcel is also located within the Very Low Density/Intensity, Greenway and
Floodplain areas. The Greenway and Floodplain areas are located near the Big Thompson
River. The plan indicates,
This designation is primarily intended for floodplain areas, as established by the
adopted FIRM/FEMA maps and studies. These areas are natural areas for
flooding —to capture and channel stormwater in large storm events, offer high habitat
and ecosystem value, and should be avoided when considering areas for new
development or redevelopment to protect life, property, and natural assets. These
areas offer opportunities for conservation of natural areas and landscapes, as well
as low impact recreational trails. Greenways may also be located adjacent to
irrigation ditches, reservoirs, wetlands, and other ecologically -significant areas. The
green way/floodplain areas include natural open space, trails, and river access. While
sections of this land use may be on private land, efforts should be made to increase
and maintain public access and to enhance connections for regional recreation and
wildlife movement.
The proposed use of the property does not align with the Johnstown Comprehensive Plan.
However, the Plan does not incorporate the influence of the two railroads bisecting the area.
Industrial development can be found all along these railroads as they traverse Northern
Colorado and should be expected in this location as well.
The river corridor will need to be protected as the site is developed. The Weld County
Comprehensive Plan includes Section 22-2-60.A.1., "Wetlands and critical or unique habitat
areas... should be identified in application materials as potential limiting site factors."
The land northwest of this area has been recently rezoned 1-3 Heavy Industrial and is being
used industrially. Much of the land incorporated into Johnstown directly to the west of County
Road 13 is being used for industrial, rail -oriented uses and is zoned "Mixed Use." Typically
expansion of industrial uses will follow the rail corridor south. Lands to the south of the site
are split by two (2) regional rail lines and are a mix of residential, mining, and agricultural
uses.
Surrounding property owners were notified in advance of the hearings. Responses will be
incorporated into the staff presentation at the hearings. One phone call was received from
COZ21-0010
Page 3 of 10
an adjacent property owner expressing concern with unlimited industrial use but was not
opposed to the use of the property for recreational vehicle storage. One phone call was
received from a property owner outside the notification area, but in the vicinity. The caller
was opposed to the change of zone.
Screening of industrial uses is required through the Site Plan Review process to all adjacent
properties unless the adjacent property is zoned 1-3. This may be accomplished through
many ways, but usually with berms or fencing. Stormwater detention design is required for
most industrial sites. Water quality features are not automatically required for site plans but
may be required if certain triggers are met.
Within a half -mile of the site there are several residences, two residential neighborhoods,
Coyote Ridge and Indian Head, and a wedding/event venue, Rockin' S Ranch. Mitigating
nuisance to these surrounding land uses will be addressed in the Site Plan Review process.
In addition to the standard nuisance mitigation requirements, such as dust mitigation, water
quality measures, noise limitations, and traffic control measures, earthen berms and
landscaping will help to separate industrial uses from non -industrial uses. No screening is
required between 1-3 properties or from rights -of -way, as is often required when the use is
permitted by a USR or in a lower intensity zone.
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 multiple rail lines and major transportation networks, the presence of
other industrial operations in the vicinity, and the mitigation methods that can be incorporated
into the site, a Change of Zone to 1-3 (Heavy Industrial) is compatible with the surrounding
land uses.
C. Section 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.
A commitment letter from Little Thompson Water District for three non-residential taps was
submitted with the application. The commitment letter, dated October 20, 2021, expires in
two (2) years. The use of onsite wastewater treatment systems are proposed, which is
allowable in the 1-3 Zone District. No concerns regarding water or sewer service were
expressed by the Department of Public Health and Environment, in the December 9, 2021
referral response or by Little Thompson Water District, in their December 16, 2021 referral
response.
D. Section 23-2-30.A.4. - That street/road or highway facilities providing access to the property
are adequate in size to meet the requirements of the proposed zone district. This will include
updating and obtaining any new Access Permits, as required. The Access Permit may require
an Improvements Agreement. In the event that the street/road or highway facilities are not
properly sized and are planned to be properly sized in the future, in conformance with the
Transportation Plan or in conformance with the master plans of affected municipalities, the
applicant may either wait to secure the rezoning until the improvements are made by the
appropriate unit of government or the applicant may express a willingness to upgrade the
street/road or highway facilities at his or her own expense in order to expedite approval of
the requested Change of Zone. In the latter event, it will be necessary for the applicant to
either construct the necessary improvements before the building permits are issued or submit
suitable performance guarantees to the County to ensure construction of the required
street/road or highway facility improvements.
COZ21-0010
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And also, 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."
This is interpreted that all lots shall have safe and direct access to adequate roads within
public right-of-way prior to increasing the intensity of the zone district. There are three
separate, legal lots associated with this request. All three lots need direct access to public
road right-of-way.
The first lot accesses onto County Road 56, which is a local, gravel road that, while adequate
for agricultural traffic, is not adequate for industrial traffic. Industrial traffic from existing
businesses using this access via an easement agreement, traffic from businesses on County
Road 15 and from gravel mining operations to the south using the road to get to the traffic
light at County Road 13 and US Highway 34, have resulted in a dust problem often brought
to the attention of Planning and Environmental Health staff by surrounding property owners.
The existing roadway is not adequate for industrial traffic.
Furthermore, County Road 56 is not within the right-of-way at the existing access location.
As both the existing right-of-way and the built road are within property owned by the applicant,
correction may be achieved through the vacation and dedication of right-of-way via the
change of zone plat. This has been requested as a condition of approval. The vacation of
unnecessary road right-of-way is accomplished via Board of County Commissioner
Resolution. The applicant may elect to further dedicate right-of-way along the existing access
from County Road 56 to provide existing land -locked parcels to the south with direct right-of-
way access.
To justify a recommendation of approval for a change of zone to permanent industrial use in
this location, an Improvements Agreement is requested. The agreement will include
improvements to upgrade the County Road 56 to the Chapter 8 Weld County Code local road
width and the abatement of dust by routine magnesium -chloride treatment. The
improvements would be required to be complete prior to the issuance of building permits,
which follows a site plan review. This would protect the applicant from making road
improvements only to potentially pave the road immediately thereafter. An Improvements
Agreement at the Change of Zone establishes a minimum road standard for future
development. Further improvements, such as pavement or auxiliary lanes, will be addressed
at the time of the Site Plan Review, when the future use of the property is clear.
As the approval is justified by a condition of approval, staff recommends the zoning
amendment be effective upon recording of the Change of Zone plat, rather than immediately
upon approval, in accordance with Section 23-2-60.
The second lot has an existing agricultural access onto County Road 15, a paved local road,
in between the Union Pacific and Great Western railroads. This access point shall be closed
and reclaimed. Access onto County Road 15 shall be at a location that is outside of the
existing railroad right-of-way, configured at an 80-100 degree angle off of County Road 15,
a maximum of 40 feet in width, that allows for a 65 -foot turning radii, and that meets Chapter
8 safety criteria.
The third lot does not have direct access to the public right-of-way outside of railroad right-
of-way. A condition of approval has been added that a 60 -foot road right-of-way shall be
dedicated to provide access to the parcel. Alternatively, the parcel may be removed from the
change of zone request during the Board of County Commissioner public hearing.
E. Section 23-2-30.A.5. - That, in those instances where the following characteristics are
applicable to the rezoning request, the applicant has demonstrated compliance with the
applicable standards:
COZ21-0010
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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.
A small portion of the property on the southern end is located within the Big Thompson
River floodplain. The Department of Planning Services — Floodplain has included
advisory information. As the floodplain area is not a significant portion of the subject
property, there are no concerns. The remainder of the site is not located within any
overlay district officially adopted by the County, including A -P (Airport) Overlay District,
Geologic Hazard Overlay District, MS4 - Municipal Separate Storm Sewer System area,
Special Flood Hazard Area, Historic Townsite Overlay District, or the Agricultural
Heritage Overlay District boundary. No other potential geologic hazards were identified
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.
Both the Geology Report, dated August 10, 2021 and the Soil Report, dated October 6,
2021, submitted with the application indicate that the site is not located within an area
recognized as having economically recoverable sand and gravel or other metallic
resources.
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 October 6,
2021, submitted with the application indicates that most of the property consists of Nunn
clay loam, Kim loam and Colby loam soils, all of which are well -drained, and the water
table is below 80 inches deep. Some of the property is located within the floodplain of
the Big Thompson River. Using the land in these areas for industrial development is not
advised. The Geology Report, dated August 10, 2021, submitted with the application
indicates the soils are capable of handling even deep foundations.
This recommendation for approval 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 1-3 (HEAVY
INDUSTRIAL) ZONE DISTRICT IS CONDITIONAL UPON THE FOLLOWING:
1. Prior to recording the plat:
A. The applicant shall obtain preliminary approval for industrial access locations to each parcel.
(Development Review)
B. The applicant may dedicate a 60 -foot public road right-of-way that meets the design
standards of Chapter 8 of the Weld County Code to provide access to parcel number
095719400011. Alternatively, the applicant may remove the parcel from the request. Right-
of-way may be dedicated on the change of zone plat. (Department of Planning Services)
C. The applicant may dedicate a 60 -foot public road right-of-way that meets the design
COZ21-0010
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standards of Chapter 8 of the Weld County Code to provide access to parcels 095719100064
and 095719100065 from the shared access point onto County Road 56 (Currently permitted
as AP15-00293). The right-of-way shall stop at the Union Pacific railroad right-of-way. Right-
of-way may be dedicated on the change of zone plat. (Department of Planning Services)
D. The applicant shall dedicate a 60 -foot public road right-of-way as necessary to align the
County Road 56 road right-of-way with the constructed road. Right-of-way may be dedicated
on the change of zone plat. (Department of Planning Services)
E. The applicant may petition the Board of County Commissioners for a vacation of the existing
curved portion of County Road 56 road right-of-way that does not align with the constructed
road. (Department of Planning Services)
F. An Improvements Agreement is required for off -site improvements to County Road 56 and
on -site improvements for the internal roadway. Road maintenance includes, but is not limited
to, dust control and damage repair. The Agreement shall include provisions addressing
engineering requirements, submission of collateral, and testing and approval of completed
improvements. A recorded Improvements Agreement is required prior to issuance of an
access permit. (Development Review)
G. The applicant may enter into a Capital Contribution Front End Agreement with Weld County
to construct eligible capital improvements. To the extent that the fair market value of the
construction of these capital improvements exceeds the obligation to pay impact fees for
which a credit is provided pursuant to this Section, the Capital Contribution Front End
Agreement shall provide proportionate and fair -share reimbursement for such excess
contribution. (Department of Planning Services)
H. The plat shall be amended to delineate the following:
1. All pages of the plat shall be labeled COZ21-0010. (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. Add the following plat certificates:
a. PROPERTY OWNERS CERTIFICATE:
I (We), the undersigned, being the sole owners in fee of the above -described
property, do hereby certify the zoning as shown on the attached map. I (We) dedicate
all roads and rights -of -way as shown on this plat to Weld County for the use of the
traveling public.
RH AMEN FARMS, LLC C/O DAVID WAILES
b. PLANNING COMMISSION CERTIFICATE:
This is to certify that the Weld County Planning Commissioner has considered this
Change of Zone, as shown and described hereon, and made recommendation to the
Board of County Commissioners, Weld County this day of
20 .
CHAIR, PLANNING COMMISSION
c. BOARD OF COUNTY COMMISSIONERS CERTIFICATE OF APPROVAL:
This Change of Zone plat is approved by the Board of County Commissioners of
Weld County, State of Colorado. Approval of this plat constitutes an acceptance of
COZ21-0010
Page 7 of 10
the dedication of public roads and rights -of -way described and/or depicted on this
plat but does not constitute acceptance of the road and rights -of -way for
maintenance by Weld County. The construction, maintenance, now removal and all
other matters pertaining to or affecting the road and rights -of -way are the sole
responsibility of the landowners within the Change of Zone.
Witness my hand and the corporate seal of Weld County this day of
, 20
CHAIR, BOARD OF COUNTY COMMISSIONERS
ATTEST:
Weld County Clerk to the Board
BY:
Deputy Clerk to the Board DATE
4. All recorded easements and rights -of -way shall be shown and dimensioned on the
Change of Zone plat, including rights -of -way to be vacated and rights -of -way to be
dedicated, if applicable. (Department of Planning Services)
5. 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)
6. County Road 15 is a paved road and is designated on the Weld County Functional
Classification Map as a local road, which requires 60 feet of right-of-way at full buildout.
The applicant shall delineate and label on the site map or 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. All setbacks shall be measured from the edge right-of-way.
This road is maintained by Weld County. (Development Review)
7. County Road 56 is a gravel road and is designated on the Weld County Functional
Classification Map as a local road, which requires 60 feet of right-of-way at full buildout.
The applicant shall delineate and label on the site map or 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. All setbacks shall be measured from the edge right-of-way.
This road is maintained by Weld County. (Development Review)
8. Show and label the public right-of-way that meets the design standards in Chapter 8 of
the Weld County Code to be dedicated by the plat
9. Show and label the approved access locations onto CR 15 and onto CR 56, approved
access width, and the appropriate turning radii (65') on the plat. (Development Review)
2. The following notes shall be delineated on the Change of Zone plat:
1) The Change of Zone, COZ21-0010, allows for 1-3 (Heavy Industrial) uses which shall comply
with the 1-3 (Heavy Industrial) Zone District requirements as set forth in Chapter 23, Article
III Division 4 of the Weld County Code, as amended. (Department of Planning Services)
2) The operation shall comply with all applicable rules and regulations of State and Federal
agencies and the Weld County Code. (Department of Planning Services)
3) Any future structures or uses on site must obtain the appropriate zoning and building permits.
(Department of Planning Services)
COZ21-0010
Page 8 of 10
4) Industrial development may require buffering and screening from residential properties
through the permitting process. (Department of Planning Services)
5) 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 -1495F effective date September 17, 2020
(Big Thompson 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 estate, including but
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)
6) 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)
7) Access on the site shall be maintained to mitigate any impacts to the public road including
damages and/or offsite tracking. (Development Review)
8) The property owner shall comply with all requirements provided in the executed
Improvements Agreement. (Development Review)
9) The Improvements Agreement for this site may be reviewed on an annual basis, including a
site visit and possible updates. (Development Review)
10) 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)
11) The historical flow patterns and runoff amounts will be maintained on the site. ( Development
Review)
12) Water service may be obtained from Little Thompson Water District. (Department of Public
Health and Environment)
13) The parcel is currently not served by a municipal sanitary sewer system. Sewage disposal
may be by septic systems 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)
14) 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)
15) During development of the site, all land disturbances shall be conducted so that nuisance
conditions are not created. If dust emissions create nuisance conditions, at the request of
Weld County Environmental Health Services, a fugitive dust control plan must be submitted.
(Department of Public Health and Environment)
16) If land development exceeds 6 months in duration, the responsible party shall prepare a
fugitive dust control plan, submit an air pollution emissions notice application, and apply for
a permit from the Colorado Department of Public Health and Environment. (Department of
COZ21-0010
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Public Health and Environment)
17) 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)
18) 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 Weld County Code.
4. Upon approval of the plat, Condition 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 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 Weld County Code Ordinance 2005-7 approved June 1, 2005, should the plat
not be recorded within the required one -hundred -twenty (120) days from the date of the Board of
County Commissioners Resolution, a $50.00 recording continuance charge shall be added for
each additional 3 -month period.
COZ21-0010
Page 10 of 10
January 26, 2022
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.weldgov.com
E-MAIL: asnyder@weldgov.com
PHONE: (970) 400-3525
FAX: (970) 304-6498
TIM NAYLOR
3050 67TH AVE STE 200
GREELEY, CO 80634
Subject: COZ21-0010 - Change of Zone from the A (Agricultural) Zone District to the 1-3 (Heavy
Industrial) Zone District
On parcel(s) of land described as:
BEING PART OF THE E2 AND PART OF THE NW4 OF SECTION 19, T5N, R67W OF THE 6TH P.M., WELD
COUNTY, COLORADO.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on February 15, 2022 at 12:30
p.m. A subsequent hearing with the Board of County Commissioners will be held on March 23, 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,
Angela Snyder
Planner
January 3, 2022
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.weldgov.com
E-MAIL: asnyder@weldgov.com
PHONE: (970) 400-3525
FAX: (970) 304-6498
TIM NAYLOR
3050 67TH AVE STE 200
GREELEY, CO 80634
Subject: COZ21-0010 - Change of Zone from the A (Agricultural) Zone District to the 1-3 (Heavy
Industrial) Zone District
On parcel(s) of land described as:
BEING PART OF THE E2 AND PART OF THE NW4 OF SECTION 19, T5N, R67W OF THE 6TH P.M., WELD
COUNTY, COLORADO.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on February 15, 2022 at 12:30
p.m. A subsequent hearing with the Board of County Commissioners will be held on March 9, 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,
Angela Snyder
Planner
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