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CHANGE OF ZONE
STAFF COMMENTS
Diana Aungst
Case Number: COZ22-0005
Owner: Keith Cowan
3240 Iris Court, Wheatridge, CO 80333
Hearing Date: September 6, 2022
Representative: Wernsman Engineering and Land Development LLC do Eric Wernsman
PO Box 105, LaSalle, CO 80645
Request: Change of Zone from the R-1 (Low -Density Residential) Zone District to the C-3 (Business
Commercial) Zone District
Legal Lot 1 of RES21-0009 Union Colony; Being part of the NE4NW4 and the NW4NW4 of
Description: Section 15, T5N, R65W of the 61h P.M., Weld County, Colorado
Location: South of and adjacent to E. 20th Street and approximately 0.2 miles east of Cherry Avenue
0961-15-2-00-018
Parcel Size: +1- 40.72 acres Parcel Nos.
0961-15-2-00-007
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:
• City of Greeley, referral dated June 3, 2022
• Weld County Planning Department — Development Review, referral dated May 31, 2022
• Weld County Department of Public Health and Environment, referral dated May 26, 2022
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
• City of Evans, referral date May 29, 2022
• Town of Garden City, referral dated June 7, 2022
• Weld County Sheriff's Office, referral dated May 25, 2022
• Colorado Parks and Wildlife, referral dated June 7, 2022
• City of Greeley Fire Department, referral dated May 25, 2022
• West Greeley Conservation District, referral dated June 13, 2022
• Colorado Division of Water Resources, referral dated June 16, 2022
• Weld County Oil and Gas Energy Department, referral dated May 31, 2022
• Weld County Department of Planning Services - Code Compliance, referral dated May 27, 2022
The Department of Planning Services' staff has not received responses from the following agencies:
• Greeley - Weld County Airport
• City of Greeley Water Department
• Weld County School District RE -6
• Colorado Department of Transportation (CDOT)
• Farmers Reservoir and Irrigation Company (Greeley #3 Ditch)
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CASE SUMMARY:
The applicant is proposing to change the zone to a legal lot in Union Colony from the R-1 (Low Density
Residential) Zone District to the C-3 (Business Commercial) Zone District. This parcel is adjacent to US
Highway 34 business route and is located within the Weld County Opportunity Zone. Opportunity Zones
are areas that are conducive for a Change of Zone request per the 2020 Weld County Comprehensive
Plan. The site is vacant. The applicant is proposing to rezone the site and submit a Site Plan Review
application to establish an outdoor RV storage facility on the property.
In 2021 the applicant submitted a resubdivision application to combine the two subject parcels. The parcel
number for this new lot (Lot 1 of RES21-0009) has not been created yet so there are two parcel numbers
listed even though there is only one (1) parcel.
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
Code.
Section 22-4-10.A.1, the Comprehensive Plan Map section, refers to one of the two main
components for siting preference of rezonings and subdivisions. Specifically, that area of
opportunity for commercial and industrial development are logically developed based on
transportation infrastructure of roads and railroads.
The proximity of this site to US Highway 34 business route allows for the convenient and
efficient transportation of goods and services that may be produced or received from a potential
business on this property. By rezoning the property to C-3 (Business Commercial), a larger
variety of anticipated future uses may benefit from the nearby Highway.
Section 22-4-10.B.1, 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-half mile buffer surrounding US Highway 34; therefore,
it is within a Weld County Opportunity Zone. The Weld County Comprehensive Plan supports
zone changes in the Opportunity Zones.
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 site is located east of Greeley along E. 20th Street and in this area there is a mixture of
zonings and uses within one (1) mile of the site. The immediate area consists of
industrial/commercial, institutional (Bella Romero school), and residential uses. The majority of
the adjacent surrounding lands are zoned R-1 (Low Density Residential) with one parcel north
of the site zoned C-3 (Business Commercial). The site is located in an Opportunity Zone due
to the proximity of US Highway 34 business route.
The Use by Special Review permits within one (1) mile of the site include, USR16-0009, USR-
832, USR-693, and USR-665 for an oil and gas production facilities all located south of the site.
Amended USR-1208 for a public recreational facility (paint ball field) and USR-808 for a private
recreational facility (RV campground) are also located south of the site. Approximately one-half
(0.5) to one (1) mile north of the site, along the Cache la Poudre River, are a few gravel pits
specifically SUP -345, USR14-0023 and USR-1760. Also included in this area is USR-1097 for
an art gallery, USR-926 for RV storage, USR-503 for sales of cemetery monuments, USR-834
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for a home business, USR-1006 for the storage of empty trash dumpster/containers, USR-1726
for accessory parking and a home business, USR-771 for cultured marble fabrication, USR-
755 for plastic products manufacturing, USR18-0070 for an accessory building, and USR15-
0009 for a trucking company with outdoor storage of equipment and vehicles.
There are about twenty-nine (29) Site Plan Reviews (SPRs) approved for the properties that
have been rezoned to commercial (C-2 and C-3) or industrial (I-1 and 1-2) north of the site. On
the C-3 zoned property north of and adjacent to the site there is an approved Site Plan Review,
SPR14-0001. This SPR was approved for maintenance, repair, and outdoor parking of
vehicles.
The site is located within the three (3) mile referral area for the Cities of Evans and Greeley
and the Towns of Kersey and Garden City. The City of Evans and the Town of Garden City
stated no concerns on their referral agency comments dated May 29, 2022 and June 7, 2022
respectively. The City of Greeley did submit referral agency comments dated June 3, 2022, but
these comments related to the proposed development on the site rather than the proposed
Change of Zone. The Town of Kersey did not respond with referral agency comments.
The subject site is located within City of Evans and the Town of Kersey's Coordinated Planning
Agreement (CPA) boundaries. As part of the pre -application process the municipalities were
sent a Notice of Inquiry (NOI). Both the City of Evans and the Town of Kersey indicated that
they are not interested in annexation of the subject property. The future land use maps for the
City of Evans and the Town of Kersey do not include the subject property. The Land Use
Guidance Map for the City of Greeley depict this area as suburban.
On May 31, 2022, the Department of Planning Services sent notice to twenty-eight (28)
surrounding property owners within 500 -feet of the subject parcel. No responses were received
back.
Any use proposed on the subject site will go through a permitting process, whether this is a
Site Plan Review or Use by Special Review process. All permitting processes require mitigation
methods for properties adjacent to the subject property that are not like to like zoning. Visual
mitigation will be required for outdoor storage and parking or staging. These methods/practices
are reviewed and enforced by Planning staff to ensure the property owner is compliant.
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 subject property is currently vacant and there are no utilities to the site. The application
materials include a will serve letter from the City of Greeley which states that the City will
provide water service for outdoor storage (RV storage facility). The will serve letter states that,
"The service will be provided once any and all necessary on and offsite infrastructure
improvements are completed, and applicable fees are paid."
According to the application the existing sewer line is currently six -hundred (600) feet from the
proposed office building therefore an on -site wastewater treatment system may provide sewer
as the site.
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 applicant submitted a revised questionnaire concerning the access point on August 22,
2022. The revision states that the access point will be from E. 20th Street but will be located
east of the private drive that is currently utilized by Bella Romero and the new access point will
meet required spacing.
US Highway 34 business route is on the northeast boundary of the site. There is a thirty (30)
foot access easement (reception #4292873, dated April 11, 2017) that travels north/south along
the far eastern portion of the property to provide access to USR16-0009, a USR for an oil and
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gas production facility, just south of the subject property. This easement has an access onto
US Highway 34 (CDOT access permit #416104). The applicant is not requesting to use this
access point or easement. The Colorado Department of Transportation (CDOT) did not
respond to the referral request. This access point is located entirely on the subject property
and is not a shared driveway.
E. Section 23-2-30.A.5. — In those instances where the following characteristics are applicable to
the rezoning request, the applicant has demonstrated compliance with the applicable
standards:
1) Section 23-2-30.A.5.a. — If the proposed Change of Zone is located within any Overlay
District identified by maps officially adopted by the County, that the applicant has
demonstrated compliance with the County regulations concerning Overlay Districts.
Compliance may be demonstrated in a previous public hearing or in the hearing concerning
the rezoning application.
The proposed Change of Zone (COZ) site is not located within the 1-25 Overlay District,
Geologic Hazard Overlay District, Special Flood Hazard Area, or Agricultural Heritage
Overlay District.
The site is located within the A -P (Airport), Overlay District MS4 - Municipal Separate Storm
Sewer System area, and Historic Townsites Overlay District. The Greeley/Weld Airport did
not submit any referral agency comments and the comments concerning MS4 are included
in the Development Review referral agency comments dated May 31, 2022.
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.
The proposed Change of Zone does not interfere with the present or future extraction of
mineral resources, more so than the existing zoning. The Aggregate Evaluation report from
CDS Engineering Corporation, dated December 10, 2021, submitted in the application
materials, states that the site would not be suitable for mining gravel.
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 November 3,
2021, submitted with the application, indicates that the property contains low -slope Altvan
loam soils and that this type of soil does not limit the construction of dwellings or small
commercial buildings. This soil type is classified as "Not prime farmland" and is considered
well -drained soil.
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 R-1 (LOW DENSITY RESIDENTIAL) ZONE DISTRICT TO THE C-
3 (BUSINESS COMMERCIAL) ZONE DISTRICT IS CONDITIONAL UPON THE FOLLOWING:
1. The Change of Zone plat shall delineate the following:
A. All sheets of the plat shall be labeled COZ22-0005. (Department of Planning Services)
B. The plat shall adhere to Section 23-2-50.D. of the Weld County Code. (Department of Planning
Services)
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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)
D. East 20th Street is a paved road and is designated on the Weld County Functional
Classification Map (Code Ordinance 2017-01) as a local road, which requires 60 feet of right-
of-way at full buildout. The applicant shall delineate and label on the plat the future and existing
right-of-way (along with the documents creating the existing right-of-way) and the physical
location of the road. If the existing right-of-way cannot be verified it shall be dedicated. The
applicant shall also delineate the physical location of the roadway. Pursuant to the definition of
setback in the Weld County Code Sec. 23-1-90, the required setback is measured from the
future right-of-way line. This road is maintained by Weld County. (Development Review)
E. Show and label the proposed access point and the usage types (Agriculture, Residential,
Commercial/Industrial, or Oil and Gas). Development Review will review access location as a
part of the plat submittal. (Development Review)
2. The following notes shall be delineated on the Change of Zone plat:
1) Change of Zone, COZ22-0005, allows for C-3 (Business Commercial) Zone District uses which
shall comply with the requirements set forth in Chapter 23, Article III, Division 3 of the Weld
County Code. (Department of Planning Services)
2) Any future structures or uses on site must obtain 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. (Development Review)
5) Access on the site shall be maintained to mitigate any impacts to the public road including
damages and/or offsite tracking. (Development Review)
6) All access and utility easements are dedicated for the benefit of all owners of lots depicted on
this plat, including owners of future lots created therefrom, regardless of lot configuration or
number of users, and without limitation of the use or intensity of the use of such easements.
No lot owner may install a gate or otherwise impede the use of such easements without the
approval of all persons with rights of use of such easements. (Development Review)
7) This site is located in the MS4 area and is subject to the regulations of the state -issued MS4
Permit. (Development Review)
8) The historical flow patterns and runoff amounts will be maintained on the site. (Development
Review)
9) Water service may be obtained from the City of Greeley. (Department of Public Health and
Environment)
10) 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)
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11) 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)
12) Building permits may be required, for any new construction or set up manufactured structure,
per Section 29-3-10 of the Weld County Code. A building permit application must be completed
and submitted. Buildings and structures shall conform to the requirements of the various codes
adopted at the time of permit application. Currently the following has been adopted by Weld
County: 2018 International Building Codes; 2018 International Residential Code; 2018
International Energy Code; 2020 National Electrical Code; and Chapter 29 of the Weld County
Code. A plan review shall be approved, and a permit must be issued prior to the start of
construction. (Department of Building Inspection)
13) 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)
14) 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)
15) 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. Upon approval of the plat the applicant shall submit 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 plat
shall be prepared in accordance with the requirements of Section 23-2-50.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.
4. 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.
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5. In accordance with Appendix 5-J of the Weld County Code, should the Change of Zone plat not be
recorded within the specified timeline from the date of the Board of County Commissioners
Resolution, a $50.00 recording continuance fee shall be added for each additional 3 -month period.
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.
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May 31, 2022
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.weldgov.com
E-MAIL: daungst@co.weld.co.us
PHONE: (970) 400-3524
FAX: (970) 304-6498
Eric Wernsman
PO Box 105
LaSalle, CO 80651
Subject: COZ22-0005 - Change of Zone from the R-1 (Low -Density Residential) Zone District to the
C-3 (Business Commercial) Zone District.
On parcel(s) of land described as:
LOT 1 OF RES21-0009; PART NW4NW4 SECTION 15, T5N, R65W of the 6th P.M., Weld County,
Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on September 6, 2022 at
12:30 p.m. A subsequent hearing with the Board of County Commissioners will be held on
September 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,
C44/14 -P4 -j
Diana Aungst
Planner
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