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CHANGE OF ZONE
STAFF COMMENTS
Michael Hall
Case Number: COZ22-0011
Owner: R&N Properties, LLC c/o Nate Hewson
14101 E. 33rd Place #F, Aurora, CO 80111
Representative: Ridgetop Engineering c/o Mike Beach
541 E. Garden Drive, Unit N, Windsor, CO 80550
Hearing Date: December 6, 2022
Request: Change of Zone from the A (Agricultural) Zone District to the 1-2
District
Legal Lots A and B of Recorded Exemption RE -1300; being a part of
Description: T1 N, R68W of the 6th P.M., Weld County, Colorado
Location:
COZ Size:
West of and adjacent to the West Interstate -25 Frontage Road;
north of County Road 6
+/- 49.5 acres Parcel Nos. 1467-22-4-00-011
1467-22-4-00-034
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:
(Medium Industrial) Zone
the N2SE4 of Section 22,
approximately 0.25 miles
■ Left Hand Water District, referral dated September 13, 2022
■ Mountain View Fire Rescue, referral dated September 2, 2022
■ Weld County Department of Public Health and Environment, referral dated September 13, 2022
■ Weld County Department of Planning Services — Development Review, referral dated September 7, 2022
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
■ City of Dacono, referral dated August 31, 2022
■ Farmers Reservoir and Irrigation Company (FRICO), referral dated September 13, 2022
■ Weld County Department of Planning Services — Code Compliance, referral dated August 31, 2022
■ Adams County Community and Economic Development Department, referral dated September 9, 2022
The Department of Planning Services' staff has not received responses from the following agencies:
■ Town of Erie
■ Boulder County
■ City of Northglenn
■ City and County of Broomfield
■ Boulder Valley Conservation District
■ Colorado Department of Transportation
■ Colorado Division of Reclamation, Mining and Safety
COZ22-0011 — R&N Properties LLC
Page 1 of 7
CASE SUMMARY:
The subject Change of Zone seeks to rezone a parcel of land from the A (Agricultural) Zone District to the
1-2 (Medium Industrial) Zone District. This parcel is adjacent to Interstate -25 and is located within the Weld
County Opportunity Zone, as defined in the 2020 Weld County Comprehensive Plan, being areas conducive
for a Change of Zone request. The property owner proposes to develop this property into a flexible industrial
business park with building and business yard components and that such anticipated uses will be best
supported by 1-2 Zoning. Future land use applications have not yet been submitted. Therefore, the physical
development of the site has not yet been reviewed.
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.
Section 22-4-10.A.1, being the Comprehensive Plan Map section, refers to one of the two main
components for siting preference of rezonings and subdivisions. Specifically, that areas of
opportunity for commercial and industrial development are logically developed based on
transportation infrastructure of roads and railroads.
The proximity of this site to Interstate -25 and Erie Parkway allows for the convenient and
efficient regional transportation of goods and services that will be produced or based from
potential businesses on this property. By rezoning the property to 1-2 (Medium Industrial), a
larger variety of anticipated future users may benefit from the nearby vehicular transportation
network. As the applicant has voluntarily selected 1-2 rather than 1-3, many heavy industrial
activities will not be present in this development. As a result, railroad service, which is often a
desired feature of heavy industrial users, was not a contributing factor for the locational siting
decision of the developer.
Section 22-4-10.8.1, being the Weld County Opportunity Zone criteria, states that zone
changes to commercial and industrial are preferred in select areas of the County. Specifically,
within one-half mile of US highways.
This property is located within the one -mile buffer surrounding Interstate -25 and is classified
as being located within a Weld County Opportunity Zone. As such, the County supports a
Change of Zone in this area, assuming compliance with other applicable Change of Zone
requirements of the Weld County Code. Specifically, this property is located in a preferred
location for a Change of Zone given the ability to access markets, the transitional nature of this
portion of Weld County and the location within an urbanizing region with a rapidly growing
population base. Furthermore, by creating a centralized business park in an area that can
support such development, it may directly reduce the amount of individual commercial and
industrial businesses locating sporadically in inappropriate areas throughout Weld County,
often at cost to agricultural communities.
B. 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 subject property is comprised of two legal lots, both with single family residence and
multiple outbuildings and sheds, located in the north -central portion of the property. The
remaining land is utilized for agricultural purposes. The FRICO owned and managed Stanley
Ditch (Bull Canal) is located along the east property line.
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The surrounding lands area are a mix of agricultural, rural residential, industrial and public
infrastructure uses. No residences are located north or east of the property for at least one-half
mile. Sporadic farm residences are located to the west. The closest concentration of residence
lies approximately one -quarter mile to the south, being roughly ten (10) unincorporated
residences that access south onto County Road 6. The nearest of which is approximately 1,200
feet away from the subject Change of Zone southern property line. Of those residences, three
(3) comprise the platted Baker Subdivision.
The parcel directly to the northwest was recently zoned C-3 (Business Commercial) and has
an in -progress Site Plan Review application for an outdoor storage facility. The parcel directly
to the north is zoned A (Agricultural) and has a Use by Special Review permit for an outdoor
storage facility. One of the two parcels directly to the south of the property is zoned A
(Agricultural) and has a Use by Special Review permit for a landscaping business, currently
occupied by the Asphalt Specialties. The second parcel to the south was incorporated into the
municipal limits of Erie in April of 2000, via the Baker Annexation No. 2, is zoned RP -3 (Rural
Preservation) and is vacant. The parcel directly to the west is zoned A (Agricultural) and has a
use by right livestock feeding operation. The land to the east, being that which is located on
the east side of 1-25, is located in Broomfield City and County. However, to the southeast is the
Althen-Boyer Commercial Unit Development, which contains nine (9) lots of industrial
businesses. There are several other Use by Special Review permits in the immediate area for
diverse uses including an excavation company, fence company, trucking company and mineral
resource development facility. Notably, several of these USR permits are located on lots within
the grouping of aforementioned residences located south of the R&N site. The subject Change
of Zone to 1-2 and the uses permittable in that Zone District will be compatible with the existing
surrounding land uses.
The Department of Planning Services sent notice to nine (9) surrounding property owners
within 500 -feet of the subject parcel. No responses were received back.
The subject site is not located within a Coordinated Planning Agreement (CPA) boundary. The
site is located in the three-mile referral area of Adams County, City of Dacono, Town of Erie,
Boulder County, City of Northglenn and City and County of Broomfield. The Adams County and
City of Dacono both responded to the referral notice and did not express any concerns about
the Change of Zone, referrals respectively dated September 9, 2022 and August 31, 2022.
None of the other listed jurisdictions responded to the referral notice, including the Town of
Erie, whose boundaries lie immediately to the south of the property. It is anticipated that Weld
County Department of Planning Services will receive comments from the Town of Erie on future
individual land use application submittals within the proposed industrial business park.
Moreover, upon review by Weld County staff, it appears that the proposed Change of Zone
complies with the goals of the 2015 Town of Erie Comprehensive Plan — Land Use Plan Map.
Specifically, this property is designated as I (Industrial) for the intended future land uses.
In any event, future land use permitting on the subject site, whether by Site Plan Review or
Use by Special Review will require uses to conform to appropriate Design and Operations
Standards and will include a landscaping and screening component, to ensure compatibility
with the Interstate -25 corridor and surrounding land uses.
C. 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.
The COZ application materials included a letter from Left Hand Water District (LHWD), which
states the property has an existing 3/4" equivalent tap for water service. The Environmental
Health questionnaire, as submitted by the applicant, states that the applicant has been in
contact with LHWD regarding the design of a Water Main Loop, likely from a water vault
connection at the corner of 1-25 and County Road 6, then north parallel to 1-25, then west,
connecting to a water main on County Road 7. LHWD provided a referral, dated September
13, 2022, in response to this COZ application, which requires the applicant to submit a Tap
Availability Review Request Form and Commercial Supplemental Form in order to evaluate the
COZ22-0011 — R&N Properties LLC
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future commercial needs of this industrial park. There was no objection to the proposed water
demand of the property nor any stated inability to obtain commercial water service.
As this Change of Zone seeks to establish the zoning for a large industrial business park, the
COZ application materials state the future land use applications will further evaluate the specific
needs for individual users. There are two existing permitted septic systems on the property for
the existing residences. When the property is redeveloped, these residences and utilities are
expected to be demolished and removed.
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.
The parcel has an existing access onto the West Interstate 25 Frontage Road, under the
jurisdiction of the Colorado Department of Transportation. This Frontage Road extends south
from Erie Parkway (County Road 8) to the existing site access location and then dead ends
approximately 600 feet further to the south. A CDOT State Highway Access Permit, dated
November 9, 2022 has been submitted by LSC Transportation Consultants, Inc., on behalf of
the property owner. Per the CDOT access application, anticipated peak hour vehicles volumes
are approximately 172, subject to future build -out. No other access is proposed. No gates are
being proposed at the main access location onto the Frontage Road.
There are no indications that the West Interstate 25 Frontage Road would not be adequate to
meet the access needs of the future proposed development. The Colorado Department of
Transportation (CDOT) did not respond to this referral request.
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. — The proposed Change of Zone (COZ) is not located within the
Airport, 1-25, MS4, Historic Townsite or Special Flood Hazard Area. No additional
compliance with these Overlay Districts must be demonstrated. However, the site is located
within the Geologic Hazard Overlay District. As displayed on the Weld County Property
Portal a geologic mapping layer developed jointly by the Colorado Geological Survey
(CGS) and US Geological Survey (USGS), the property is shown as underlain by the
abandoned Washington underground coal mine in the Boulder -Weld coal field at a depth
of over 400 -feet. As a result, the soils report submitted with any future building permit
application shall include geotechnical recommendations stamped by a registered engineer
and shall be submitted to the Building Department along with the building permit
application. The study shall specify that the foundation and structure design are appropriate
for the specific site. No certificate of occupancy shall be issued until the Building Official is
satisfied that the structures have been constructed in compliance with the geotechnical
recommendations, per Section 23-5-130 of the Weld County Code.
2) Section 23-2-30.A.5.b. — The proposed Change of Zone does not interfere with the present
or future extraction of mineral resources, more so than the existing zoning. Open mining
and the processing of materials is permitted via a Use by Special Review permit in both
the existing A (Agricultural) Zone District and the proposed 1-2 (Medium Industrial) Zone
District. Per the Zeren Land Services research, dated August 1, 2022, the only mineral
owner and mineral leasehold owners entitle to notice under the Surface Development
Notification Act of the C.R.S, is Crestone Peak Resources Holdings, LLC. Crestone was
notified by the applicant as part of the required Weld County mineral owner notice
requirement. No response has been received by Crestone. Additionally, the hard rock
minerals, being coal, have already been extensively mined in this area in the 1940s -1960s.
Furthermore, there are no recoverable aggregate resources in the area per the 1975 Weld
County Sand and Gravel Resources map and nearby deposits were identified as low -
quality upland gravel deposits with significant amounts of silt, clay and incompetent rock.
COZ22-0011 — R&N Properties LLC
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3) Section 23-2-30.A.5.c. — The site is relatively flat with an approximate relief across the site
of twenty (20) feet from northwest to southeast. The generated USDA Natural Resources
Conservation Service (NRCS) Custom Soil Report describes the property containing
primarily low -slope clay soils. Per the Limited Geotechnical Engineering Study prepared
by Earth Engineering Consultants, LLC, subsurface backhoe test pits were conducted to
evaluate the potential of collapsible soils on the subject site, as this site is located in a
Geological Hazard area. Notably, the site contains soils which were loosely deposited and
highly porous, achieving a proclivity for collapse, as corroborated by Colorado Geological
Survey literature. As a result, the Study recommends that further subsurface exploration
should occur in order to best determine the proper over -excavation and soil replacement
methods to address the collapsible subsoils and that a geotechnical engineer be retained
for testing and observations during earthwork phases of future site development to help
guide design requirements.
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 THE 1-2 (MEDIUM
INDUSTRIAL) ZONE DISTRICT IS CONDITIONAL UPON THE FOLLOWING:
1. Prior to recording the plat:
A. The applicant shall acknowledge the advisory comments from Mountain View Fire Rescue, as
stated in the referral response dated September 2, 2022. Evidence of such shall be submitted
in writing to the Weld County Department of Planning Services. Integration of applicable
requirements shall be included in any future Site Plan Review or Use by Special Review
submittal. (Department of Planning Services)
B. The applicant shall acknowledge the advisory comments from Left Hand Water District, as
stated in the referral response dated September 13, 2022. Evidence of such shall be submitted
in writing to the Weld County Department of Planning Services. (Department of Planning
Services)
C. Show the Colorado Department of Transportation (CDOT) right-of-way on the plat along with
the documents creating the right-of-way. (Department of Planning Services — Development
Review)
D. Show the approved Colorado Department of Transportation (CDOT) access point(s) on the plat
and label with the approved access permit number if applicable. (Department of Planning
Services — Development Review)
2. The Change of Zone plat shall delineate the following:
A. All sheets of the plat shall be labeled COZ22-0011. (Department of Planning Services)
B. The plat shall adhere to Section 23-2-50.D. of the Weld County Code. (Department of Planning
Services)
C. All recorded easements and rights -of -way shall be delineated on the plat by book and page
number or reception number. (Department of Planning Services)
3. The following notes shall be delineated on the Change of Zone plat:
1) Change of Zone, COZ22-0011, allows for 1-2 (Medium Industrial) Zone District uses which shall
comply with the requirements set forth in Chapter 23, Article III, Division 4 of the Weld County
Code, as amended. (Department of Planning Services)
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2) Any future structures or uses on site may be required to obtain approval through a Site Plan
Review or Use by Special Review and the appropriate zoning and building permits.
(Department of Planning Services)
3) 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)
4) 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. (Department of Planning
Services — Development Review)
5) Access on the site shall be maintained to mitigate any impacts to the public road including
damages and/or offsite tracking. (Department of Planning Services — Development Review)
6) The historical flow patterns and runoff amounts will be maintained on the site. (Department of
Planning Services — Development Review)
7) Water service may be obtained from Left Hand Water District. (Department of Public Health
and Environment)
8) 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)
9) 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)
10) 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)
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 and Development Standards stated herein and all applicable Weld
County regulations. (Department of Planning Services)
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 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.
4. 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. Upon approval of the plat the applicant shall submit a Mylar plat along with all
COZ22-0011 — R&N Properties LLC
Page 6 of 7
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 plat
shall be prepared in accordance with the requirements of Section 23-2-50.C. and D. of the Weld
County Code. 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. 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.
6. 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.
7. In accordance with Appendix 5-J of the Weld County Code, should the map 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 three (3)
month period. (Department of Planning Services)
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October 17, 2022
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.weldgov.com
E-MAIL: mhall@weldgov.com
PHONE: (970) 400-3528
FAX: (970) 304-6498
Beach Mike
541 E. Garden Drive, Unit N
Windsor, CO 80550
Subject: COZ22-0011 - Change of Zone from the A (Agricultural) Zone District to the 1-2 (Medium
Industrial) Zone District
On parcel(s) of land described as:
LOTS A & B OF RE -1300, BEING PART OF NW2SE4 OF SECTION 22, Ti N, R68W of the 6th P.M., Weld
County, Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on December 06, 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,
✓fic`heel Hall
Planner
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