HomeMy WebLinkAbout20220848.tiffPlanner:
Case
Number:
Applicant:
Site Address:
Request:
Legal
Description:
Location:
Acres:
LAND USE APPLICATION
SUMMARY SHEET
Chris Gathman
COZ21-0012
Hearing Date: February 15, 2022
W3 Legacy LLC C/O Shacaira Munoz & Kelsey Bruxvoort - AGPROfessionals
15715 CR 25, Platteville, CO
Change of Zone from the A (Agricultural) Zone District to the 1-3 (Heavy
Industrial) Zone District
Lot B of Recorded Exemption RECX15-0078; Being part of the NE4 of Section
19, T5N, R67W of the 6th P.M., Weld County, CO
Approximately 500 -feet south of County Road 56 and approximately 2,000 -feet
west of 15.
+/- 9.48 acres Parcel #. 0957-19-1-00-065
POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS
The Department of Planning Services' staff has received responses from the following agencies:
With Comment:
Weld County Planning Services - Development Review, referral dated January 6, 2022
Y Weld County Department of Public Health and Environment, referral dated December 9, 2021
Y Front Range Fire Rescue, referral dated December 10, 2021
Y Town of Windsor, referral dated December 6, 2021
Y Little Thompson Water District, referral dated December 27, 2021
Without Comment:
Y City of Greeley, referral dated December 7, 2021
Y Larimer County Planning, referral dated December 14, 2021
Y Weld County Zoning Compliance, referral dated December 9, 2021
Y Colorado Division of Water Resources, referral dated December 28, 2021
Y Colorado Parks and Wildlife, referral dated December 6, 2021
Y Weld County Sheriff's Office, referral dated December 17, 2021
Y Colorado Department of Transportation, referral dated December 6, 2021
The Department of Planning Services' staff has not received responses from:
V V V V V
Weld County Assessor's Office
Great Western Railway
Union Pacific Railroad
Big Thompson Conservation District
City of Loveland
COZ21-0012
Page 1 of 8
Town of Johnstown
Narrative:
The applicant and property owner have requested a Change of Zone on a property zoned A
(Agricultural) to 1-3 (Heavy Industrial). Potential uses for 1-3 zoned properties can be found in
Chapter 23, Article III, Division 4 of the Weld County Code. There is an industrial use located on
the property. The Board of County Commissioners approved a Use by Special Review Permit
(USR15-0040) for this property (and the adjacent property to the east is also proposing to rezone
to 1-3 Industrial) for a Parking and Staging area for a trucking and construction business, along
with transloading of fly ash on November 25, 2015. This USR map was recorded 5/18/2016 under
reception #4204625. No new use is proposed on the property at this time. In the event this
change of zone is approved and a new use is proposed in the future, a Site Plan Review (SPR)
application will need to be submitted and approved. The property was originally part of a larger
twenty-three (23) acre parcel that was divided into the current parcel through Recorded
Exemption RECX15-0078 recorded under reception #4204626 on 5/18/2016. This property and
the adjacent property to the west border the Union Pacific Railroad to the north and the Great
Western Railway (Omni Trax) to the south. The property utilizes an existing 30 -foot access, utility
and drainage easement to access the property from the north delineated on the RE -1247 plat
recorded on April 12, 1990, under reception # 2210645 and identified on a warranty deed
recorded September 26, 1990, under reception #2228464. The access easement, utility and
drainage easement crosses the adjacent property to the north and crosses the Union Pacific
Railroad. Written permission to utilize this access, utility and drainage easement was required
from the adjacent property owner when the property was divided by RECX15-0078. A letter of
permission was provided from the adjacent property owner to utilize this easement in 2015.
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.
23-2-30.A - Land use changes should not inhibit agricultural production nor operations.
No agricultural production will be removed because of this change of zone.
23-2-30.B. - Locate urban development in urban areas.
The site is bordered by the Union Pacific Railroad on the north and the Great Western
Railroad on the south. Industrial development is conducive to rail access.
23-2-30. C. - Harmonize development with surrounding land uses.
This property is currently being utilized for Industrial purposes. A parking and staging
area for a trucking and construction business on the site was approved under Use by
Special Review Permit USR15-0040. There are existing construction uses approved
under USR15-0075 and USR15-0027 in the vicinity.
23-2-30.C.1.- Transition between land use types and intensities with buffers. Uses that
are incompatible with existing uses must be able to mitigate conflicts.
COZ21-0012
Page 2 of 8
The property is separated from adjacent properties by rail on the north and the south.
The site is located approximately 800 -feet from the nearest residence to the north.
Sec. 22-2-40. - Economic Development Goals and Objectives.
23-2-30.A. Support compatible economic development opportunities.
The site is located within the Weld County Opportunity Zone on the Comprehensive Plan
Map approved/adopted on November 9, 2020, contains an existing Industrial use and is
adjacent to rail. There are existing 1-3 Industrial zoned properties approximately 400-600
feet to the north approved under (approved under COZ20-0004 and COZ21-0002 for
Gerrard Investments) and is currently being used for industrial use. This encourages the
agglomeration of synergistic business uses.
23-2-40.A.1. Identify target areas where the County is able to encourage shovel -ready
commercial and industrial development.
This property is adjacent to rail on two sides and is conducive to existing and future
Industrial Development.
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 Town of Johnstown, City of Loveland and the Town of Milliken did not return referral
responses. The City of Greeley stated no conflicts with our interests in their referral
response dated December 7, 2021. The Town of Windsor, as stated in their referral
response dated December 6, 2021:
"This is a large amount of heavy industrial zoning near Weld County residential
subdivisions (Coyote Ridge approximately 1/3 mile to the east and Indianhead just over
1/2 mile to the north). While the application refers to proximity to US 34, the intersection of
WCR 15 and US 34 is currently uncontrolled, therefore, the industrial traffic generated by
this proposal will likely use WCR 13 and WCR 17 for access to traffic signals. Commuter
traffic on WCRs 13 and 17 currently backs up regularly at the US 34 intersections and the
addition of industrial traffic at these intersections should be studied. CDOT is currently
studying potential future improvements to the WCR 17 intersection."
The 2021 Town of Johnstown Area Comprehensive Plan Future Land Use map identifies
this area as Low Density/Residential with an Agricultural Overlay.
1-3 Industrial Zoning is located approximately 400-600 feet to the north as (approved
under COZ20-0004 and COZ21-0002) and is currently being used for industrial use.
There is an existing Industrial Use and improvements on the property approved under
U SR 15-0040.
This property is located outside of Windsor's Growth Management Area. The Colorado
Department of Transportation had no comment in their referral response dated December
6, 2021. No referral responses or phone calls have been received from surrounding
property owners regarding this case.
Future industrial uses to be located on the property will have to be administratively
approved through a Site Plan Review (SPR) or approved by the Board of County
Commissioners through a Use by Special Review Permit (USR). Conditions of approval
and Development Standards through this Change of Zone and future USRs or SPRs will
adequately address and mitigate future impacts. Due to the proximity of multiple rail lines,
COZ21-0012
Page 3 of 8
the location of other industrial uses in the vicinity (as well as the existing industrial use on
the site), this proposed change of zone 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.
There is an existing septic system on the property sized for an office with six (6)
employees. The Left -Hand Water District, in their referral response dated December 27,
2021, stated that Left -Hand Water is requiring an exclusive easement for a waterline that
was recently installed on the property. This has been included as a condition of approval.
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."
This is interpreted that the lots shall have safe and direct access to adequate roads within
public right-of-way prior to increasing the intensity of the zone district.
The property is located approximately 500 -feet to the south and west of County Road 56.
The property currently accesses County Road 56 across the adjacent property to the
north via a 30 -foot access easement delineated on the RE -1247 (recorded 4/12/90) and
granted a perpetual 30 -foot non-exclusive easement and right-of-way for ingress, egress,
road, utilities, and drainage by a warranty deed recorded 9/26/90.
County Road 56 is a local, gravel road that is undersized and in disrepair. The existing
roadway is not adequate for industrial traffic. To justify a recommendation of approval for
this change of zone to Industrial, staff requests an Improvements Agreement that
includes a proportional share of all required improvements to upgrade the road to the
proper width and for magnesium chloride treatment and address improvements . Paving,
if necessary, can be addressed at the time of Site Plan Review when the future use of the
property is defined.
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 road
improvements agreement would also address on -site improvements (internal access
improvements). The improvements would be required to be complete prior to the
issuance of building permits (or prior to the issuance of grading permits in the event that
building permits are not required for the use) 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.
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:
COZ21-0012
Page 4 of 8
1) Section 23-2-30.A.5.a. — The site is not located within a Floodplain, Geological
Hazard area or Airport Overlay Zone.
2) Section 23-2-30.A.5.b. — The Geology Report dated August 10, 2021, states that the
property does not fall in areas identified as having economically recoverable sand
and gravel, or metallic mineral resources. Additionally, the site is covered by existing
buildings and improvements.
3) Section 23-2-30.A.5.c. — The Geology Report dated August 10, 2021, states that
near surface soils could be used for support of lightly to moderately loaded
structures. Deep foundation systems could be employed if heavy foundation loads
are anticipated or if moderately to highly expansive soils and/or bedrock are
encountered within proximity to proposed foundation bearing elevations.
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 Zone District to 1-3 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. 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)
C. The applicant shall address the comments of the Front Range Fire Rescue as stated in
their referral comments dated December 10, 2021. Written evidence of such shall be
provided to the Department of Planning Services. (Front Range Fire Rescue)
D. The applicant shall address the comments of the Little Thompson Water District as stated
in their referral dated December 27, 2021. Written evidence of such shall be provided to
the Department of Planning Services. (Little Thompson Water District)
E. Dedicate a public right-of-way that meets the design standards of Chapter 8 that
connects to the right-of-way access onto CR 56 that crosses parcel 095719100009 from
the shared access point onto County Road 56 (currently permitted as AP15-00293).
Right -of -Way may be dedicated on the change of zone plat. Existing buildings and
structures shall meet the 1-3 setback requirements as delineated in Section 23-3-240
(Bulk Standards) of the Weld County Code. If any buildings and structures do not meet
setback requirements, a nonconforming structure application shall be submitted to the
Department of Planning Services. (Department of Planning Services)
F. The County may enter into a Capital Contribution Front End Agreement with any person
commencing development who proposes 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)
COZ21-0012
Page 5 of 8
G. The plat shall be amended to delineate the following:
1. All pages of the plat shall be labeled COZ21-0011. (Department of Planning
Services)
2. The plat shall adhere to Sections 23-2-50.C and D. of the Weld County Code.
(Department of Planning Services)
3. 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
of right-of-way. This road is maintained by Weld County. (Development Review)
4. Show and label the approved access location onto CR 56, approved access width,
and the appropriate turning radii (65') on the plat. The applicant must obtain the
updated access permit as a Condition of Approval. (Development Review)
5. Show and label the public road right-of-way that meets the design standards in
Chapter 8 of the Weld County Code to be dedicated by the plat. (Development
Review)
6. 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 or dedicated, if applicable.
The right-of-way that crosses the adjacent property to the north (parcel #
095719100009) and the Union Pacific Railroad shall be referred to on the plat.
(Department of Planning Services)
2. The following notes shall be delineated on the Change of Zone plat:
A. The Change of Zone allows for 1-3 (Heavy Industrial) uses which shall comply with the 1-3
(Heavy Industrial) Zone District requirements as set forth in Article III Division 4 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.
(Department of Planning Services)
D. Water service may be obtained from Little Thompson Water District. (Department of
Public Health and Environment)
E. 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)
F. Activity or use on the surface of the ground over any part of the OWTS must berestricted 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
COZ21-0012
Page 6 of 8
Environment)
G. 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)
H. Access on the site shall be maintained to mitigate any impacts to the public road
including damages and/or offsite tracking. (Development Review)
I. The Property Owner shall comply with all requirements provided in the executed
Improvements Agreement. (Development Review)
J. The Improvements Agreement for this site may be reviewed on an annual basis,
including a site visit and possible updates. (Development Review)
K. 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)
L. The historical flow patterns and runoff amounts will be maintained on the site.
(Development Review)
M. 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. (Department of Building Inspection)
N. New buildings shall conform to the requirements of the various codes adopted at the time
of permit application. Currently, the following has been adopted by Weld County: 2018
International Building Codes; 2018 International Residential Code; 2020 International
Energy Code; 2017 National Electrical Code; and Chapter 29 of the Weld County Code.
(Department of Building Inspection)
O. Building Permits issued on the proposed lots will be required to adhere to the fee
structure of the County -Wide Road Fee Impact Program and the County Facility Fee and
Drainage Impact Fee Programs. (Department of Planning Services)
P. 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)
Q. The historical flow patterns and run-off amounts will be maintained on site in such a
manner that it will reasonably preserve the natural character of the area and prevent
property damage of the type generally attributed to run-off rate and velocity increases,
diversions, concentration and/or unplanned ponding of storm run-off. (Department of
Public Works)
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.
COZ21-0012
Page 7 of 8
Mineral resource locations are widespread throughout the County and persons 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, 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.
A. 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.
B. 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.
C. 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.
COZ21-0012
Page 8 of 8
January 26, 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
BRUXVOORT KELSEY
3050 67TH AVENUE
GREELEY, CO 80634
Subject: COZ21-0012 - Change of Zone from the A (Agricultural) Zone District to the 1-3 (Heavy
Industrial) Zone District.
On parcel(s) of land described as:
LOT B REC EXEMPT RECX15-0078, BEING PART NE4 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,
Chris Gathman
Planner
January 3, 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
BRUXVOORT KELSEY
3050 67TH AVENUE
GREELEY, CO 80634
Subject: COZ21-0012 - Change of Zone from the A (Agricultural) Zone District to the 1-3 (Heavy
Industrial) Zone District.
On parcel(s) of land described as:
LOT B REC EXEMPT RECX15-0078, BEING PART NE4 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,
Chris Gathman
Planner
Hello