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Case Number:
Owner:
LAND USE APPLICATION
SUMMARY SHEET
Maxwell Nader
COZ22-0004
International Farms, LLC c/o Jorge Borrego
11402 CR 6, Fort Lupton, CO 80621
Hearing Date: May 3, 2022
Representative: Colorado Construction Services c/o Scott Cobb
941 Main Street, Longmont, CO 80501
Request:
Legal
Description:
Change of Zone from the A (Agricultural) Zone District to the C-3 (Business
Commercial) Zone District.
Lot B, RE -373 being part of the N2NW4 of Section 25, Township 1 North,
Range 67 West of the 6th P.M., County of Weld, State of Colorado
Location: South of and Adjacent to County Road 6; west of and adjacent to Leona
Street
Acres: +/- 16.66 acres Parcel #: 1469-25-0-00-011
POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS
The Department of Planning Services' staff has received referral responses with comments from
the following agencies:
v Colorado Division of Water Resources, referral date February 9, 2022
Y Weld County Department of Public Health and Environment, referral dated February 16, 2022
Y Weld County Department of Planning Services — Floodplain, referral dated February 16, 2022
Y Weld County Department of Planning Services— Development Review, referral dated February
8, 2022
The Department of Planning Services' staff has received referral responses without comments
from the following agencies:
Y Adams County, referral dated February 4, 2022
Y City of Fort Lupton, referral dated February 23, 2022
Brighton Fire Rescue District, referral date March 10, 2022
Weld County Zoning Compliance, referral dated February 7, 2022
The Department of Planning Services' staff has not received responses from the following
agencies:
City of Brighton
Colorado Division of Wildlife
West Adams Conservation District
Department of Planning Services — Building Inspection
COZ22-0004
Page 1 of 7
NARRATIVE:
The applicants are requesting to rezone the property from A (Agricultural) Zone District Zone
District to the C-3 (Business Commercial) Zone District. There is a pending Site Plan Review
application, SPR22-0002. The Site Plan Review is being processed in conjunction with this
application and is pending the approval and recording of this Change of Zone COZ22-0004.
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 22-2-30.A. — states: "Commit to the economic future of agriculture."
The proposed change of zone will support the economic future of the agriculture industry.
The proposed use of the land will be a commercial trucking business that does general
freight that includes the hauling of hay and alfalfa in addition to other materials. The current
building on site will be used to store the hay and alfalfa before transit. For agricultural
operations to function and continue to promote fiscally responsible growth, they require
support systems and facilities (infrastructure), to remain viable. This infrastructure in some
cases can be specific to agriculture, and in others used by the public as well, and includes
commodity trucking of products that provide a critical link between County farmers,
ranchers, manufacturers, feedlots, and the inter -modal railways
Section 22-2-30.C. — states: "Harmonize development with surrounding land uses."
The site is located within the three (3) mile referral area of the Cities of Brighton and Fort
Lupton. The City of Brighton did not return referral agency comments. The City of Fort
Lupton did not have any concerns with the request as stated in their referral. The transition
of the change of zone will not actually be a transition of land use but transition of zones
and with that will require mitigation practices and buffers between opposing zone districts
and uses.
The surrounding properties located adjacent to the east are lands associated with the
Wattenberg Townsite utilized as single family residences; to the south are lands utilized for
agriculture production and lie within the 100 year floodplain associated with the South
Platte river, to the west are lands in agricultural production and have oil and gas
encumbrances and to the north, across County Road 6 are agricultural lands with oil and
gas encumbrances and without improvements
Section 22-4-10.B. — "Comprehensive Plan Compatibility
The proposal is located within a Weld County Opportunity Zone as defined by the
Comprehensive Plan Map, adopted in 2020. A Weld County Opportunity Zone is an area
designated for potential commercial and industrial opportunity. These areas have the
potential to be rezoned to commercial or industrial. The property is located within a Weld
County Opportunity Zone due to its proximity to the intersection of County Road 23 and
County Road 6. Per the Functional Classification Map (Code Ordinance 2017-01) County
Road 23 is considered a collector road and County Road 6 is considered an arterial road
therefore making it an Opportunity Zone Node. The property is also located in the Urban
and Urban/Non-Urban Mix Development Classification.
COZ22-0004
Page 2 of 7
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 property is located adjacent to the unincorporated Historic Townsite of Wattenberg.
Any use proposed on the subject site will go through a permitting process, whether this is
a Zoning Permit, 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. These methods/practices are reviewed and enforced by Planning
staff to ensure the property owner is compliant. The other surrounding properties consist
of ongoing oil and gas activity to the north permitted through a Weld Oil and Gas Location
Assessment, WOGLA17-0052 and property to the west and south permitted for a mining
operation through a Use by Special Review Permit, USR-1533; this operation has not yet
begun.
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.
Water is currently provided by a commercially permitted well, Permit no. 307777, with the
Division of Water Resources. The Division of Water Resources returned a referral dated
February 9, 2022, and outlined that the commercial well permit shall only be used for the
use of sanitary/drinking for the business and shall not be used for irrigation of alfalfa or any
other uses not permitted. Per the Weld County Department of Public Health and
Environment, referral dated February 16, 2022, an unpermitted on -site wastewater
treatment system (OWTS) is present on site (SE -1900021). A registered engineer reviewed
the OWTS and determined the system was adequate for thirty (31) employees.
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 is proposing to access off of County Road 6 and has an existing access
permit, AP18-00113, for commercial use; no other access is proposed. Per the referral
dated February 8, 2022, from the Department of Planning Services — Development Review
this portion of County Road 6 is a paved road and is designated on the Weld County
Functional Classification Map (Code Ordinance 2017-01) as an arterial road, which
requires 140 feet of right-of-way. This road buildout and designation is appropriate
transportation infrastructure for commercially zoned properties.
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 is not located within the
Municipal Separate Storm Sewer System Area (MS4) or Geological Hazard Area. But
is located in a Special Flood Hazard Area. The Department of Planning Services —
Floodplain retuned a referral on February 16, 2022, that is requiring the applicant to
label the FEMA Flood Zone and FEMA Map Panel Number or appropriate study on the
Change of Zone plat. The current structure on site is not located in the floodplain and
no buildings are proposed at this time, additionally there shall be storage of vehicles
or equipment in the floodplain.
2) Section 23-2-30.A.5.b. — The proposed Change of Zone does not interfere with the
present extraction of mineral resources. The applicant included a Geotechnical
Engineering Report from Cole Garner Geotechnical prepared on February 4, 2022.
The report assessed the site geology and stated that the site consisted of "River
Gravel" of Upper Pleistocene Age which includes fine to coarse sands, and beds of silt
and clay, varying with gravel, cobbles, and boulders. These materials are located
COZ22-0004
Page 3 of 7
roughly 550 to 600 feet deep. Recorded Exemption, RE -373, was recorded on
February 14, 1979, creating the sixteen (16) acre property. Furthermore, USR-1533
was recorded on October 18, 2007, for a mining operation and specifically excluded
the subject property from the proposed mineable area, thus determining the area not
viable for mining.
3) Section 23-2-30.A.5.c. — The Geotechnical Engineering Report from Cole Garner
Geotechnical prepared on February 4, 2022, indicated there are fine to coarse sands
with silt and gravel on site and sandy soils are medium dense in relative density. The
sand soils are generally considered non -plastic and non -expansive. Due to the size of
the property at sixteen (16) acres, no further development proposed and the geotech
report there are not any concerns with the soils on site for development if it occurs.
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 A (AGRICULTURAL) ZONE DISTRICT TO THE C-3 (BUSINESS
COMMERCIAL) ZONE DISTRICT IS CONDITIONAL UPON THE FOLLOWING:
1. Prior to recording the plat:
A. The plat shall be amended to delineate the following:
1. All pages of the plat shall be labeled COZ22-0004. (Department of Planning Services)
2. The plat shall adhere to Section 23-2-50.C and D. of the Weld County Code.
(Department of Planning Services)
3. All recorded easements and rights -of -way shall be shown and dimensioned on the
Change of Zone plat by book and page or reception number. (Department of Planning
Services)
4. 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)
5. County Road 6 is a paved road and is designated on the Weld County Functional
Classification Map (Code Ordinance 2017-01) as an arterial road, which requires 140
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)
6. Show and label the existing permitted access point and the usage types (e.g.
Agriculture, Residential, Commercial/Industrial, or Oil and Gas). Public Works will
review access locations 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, COZ22-0004, allows for C-3 (Business Commercial) uses which shall
comply with the requirements set forth in Chapter 23, Article III, Division 3 of the Weld
County Code. (Department of Planning Services)
2. Any future structures or uses on site must obtain the appropriate zoning and building
COZ22-0004
Page 4 of 7
permits. (Department of Planning Services)
3. 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 -2115F dated September 17, 2020
(South Platte 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
by 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)
4. FEMA's floodplain boundaries may be updated at any time by FEMA. Prior to the start of
any development activities, the owner should contact Weld County to determine if the
floodplain boundaries have been modified. (Department of Planning Services — Floodplain)
5. Water service may be obtained from an appropriately permitted well. (Department of Public
Health and Environment)
6. The parcel is currently not served by a municipal sanitary sewer system. Sewage disposal
may be by an on -site wastewater treatment system 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)
7. 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)
8. 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)
9. Weld County will not replace overlapping easements located within existing right-of-way or
pay to relocate existing utilities within the existing County right-of-way. (Development
Review)
10. Access on the site shall be maintained to mitigate any impacts to the public road including
damages and/or offsite tracking. (Development Review)
11. 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)
12. The historical flow patterns and runoff amounts will be maintained on the site.
(Development Review)
13. 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
COZ22-0004
Page 5 of 7
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)
14. 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)
15. 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)
16. 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.
COZ22-0004
Page 6 of 7
7. 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.
8. The property owner shall be allowed one hundred twenty (120) days from the date the change
of zone plat is recorded to submit a Site Plan Review application.
COZ22-0004
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April 6, 2022
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.weldgov.com
E-MAIL: mnader@weldgov.com
PHONE: (970) 400-400-3527
FAX: (970) 304-6498
COBB SCOTT
941 MAIN STREET
LONGMONT, CO 80501
Subject: COZ22-0004 - Change of Zone from the A (Agricultural) Zone District to the C-3 (Business
Commercial) Zone District.
On parcel(s) of land described as:
LOT B REC EXEMPT RE -373; PART N2NW4 SECTION 25, T1 N, R67W of the 6th P.M., Weld County,
Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on May 3, 2022 at 12:30
p.m. A subsequent hearing with the Board of County Commissioners will be held on May 25, 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,
Maxwell Naderl
Planner
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