HomeMy WebLinkAbout20220578.tiffCHANGE OF ZONE
STAFF COMMENTS
Planner: Michael Hall Hearing Date: February 1, 2022
Case Number: COZ21-0008
Owner: George G. Zadel
18100 County Road 19, Johnstown, CO 80534
Representative: Baseline Engineering Corporation c/o Andrew Baker
112 North Rubey Drive, Suite 210, Golden, CO 80403
Request: Change of Zone from the A (Agricultural) Zone District to the E (Estate) Zone District
Legal Lot B of Recorded Exemption RE -1359, being a part of the SW4SW4 of Section 34, T4N,
Description: R67W of the 6th P.M., Weld County, CO
Location: North of and adjacent to County Road 38, east of and adjacent to County Road 19
Parcel Size: +1- 24.38 acres Parcel No. 1059-34-0-00-027
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:
• Little Thompson Water District, referral dated November 11, 2021
• Weld County School District RE -1, referral dated October 21, 2021
• Colorado Division of Water Resources, referral dated October 27, 2020
• Weld County Department of Public Health and Environment, referral dated October 27, 2021
• Weld County Department of Planning Services — Development Review, referral dated October 28, 2021
• Weld County Department of Planning Services — Building and Addressing, referral dated November 8, 2021
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
• Town of Platteville, referral dated November 2, 2021
• United Power Inc., referral dated November 18, 2021
• Weld County Sheriff's Office, referral dated November 1, 2021
• Weld County Zoning Compliance, referral dated January 3, 2021
• Northern Colorado Water Conservancy District, referral dated November 18, 2021
The Department of Planning Services' staff has not received responses from the following agencies:
• Town of Milliken
• Town of Johnstown
• Colorado Parks and Wildlife
• Colorado Geological Survey
• Weld County Extension Office
• Weld County Attorney's Office
• Occidental Petroleum Corporation
• United States Army Corps of Engineers
• Platteville-Gilcrest Fire Protection District
• United States Postal Service - Johnstown
• Weld County Office of Emergency Management
COZ21-0008 - Zadel
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CASE SUMMARY:
The subject Change of Zone seeks to rezone a parcel of land from the A (Agricultural) Zone District to the
E (Estate) Zone District. This Change of Zone is the second step of the proposed Zadel Minor Subdivision,
which is a Non -urban Scale Development of five (5) residential lots on an approximately twenty-four (24)
acre parcel. The applicant has satisfied the requirements of the Sketch Plan process, case number
MINK20-0002, being the first step of a proposed Minor Subdivision, prior to advancing to the Change of
Zone. The Minor Subdivision Final Plan application, case number MINF21-0001, being the third step of the
process, is being processed concurrently with this Change of Zone; however, will involve separate review
and forthcoming hearings. Per Section 24-5-10.B of the Weld County Code: a Minor Subdivision Change
of Zone application may be processed before or concurrent with the Final Plan application.
The existing and proposed uses on the property are consistent with the Estate Zone District. There is one
(1) residence and associated outbuildings located in the southwest portion of the site. USR-951 recorded
February 12, 1992, reception # 2277949, for an excavating contractor shop is located on the subject parcel
and shall be completely vacated as a condition of approval, should this Change of Zone be approved.
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 Change of Zone application requirements per
Section 23-2-50 of the Weld County Code.
2. The submitted materials are in compliance with Change of Zone review criteria per 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 22-2-10.D., being the Guiding Principles section regarding Protecting Health, Safety,
and General Welfare states that "Land use regulations and policies will protect and enhance
the health, safety, and general welfare of the citizens of Weld County."
The proposed Change of Zone and associated Minor Subdivision supports this guiding
principle in that the applicant is utilizing a proper subdivision process that directly accounts for
health, safety, and general welfare of both future property owners and the surrounding public.
This development is the opposite of haphazard development and is being designed to positively
integrate into the surrounding lands and will provide a quality subdivision for future residents.
Section 22-2-30.C.2., being the Land use goals and objectives section, states that the County
should "Establish residential development options based on compatibility, proximity to
municipalities, and availability of services that reflect the desired density and character of that
location. "
The proposed Change of Zone, and by extension the proposed subdivision, is located in an
ideal area for such development, as the property is within one (1) mile of municipal boundaries
(Milliken); however, it is farther than one (1) mile from a municipal sanitary sewer line and
annexation options are greatly limited. Therefore, the proposed Change of Zone and Non -
urban Scale Development, is an appropriate land use in this area. The proposed density and
intensity of this development is compatible with the character of the area.
For reference, a Minor Subdivision may be classified as a Non -urban Scale Development per
Section 24-5-10.E of the Weld County Code. This Minor Subdivision meets the definition of a
"Non -urban Scale Development" per Section 24-1-40 of the Weld County Code, defined as
"Developments comprised of nine (9) or fewer lots. These types of developments are only
permitted outside of one (1) mile of a municipal sewer line. Non -urban Scale Developments
require a public water source and public sewer or onsite wastewater treatment systems
(OWTS). Internal paved roads and storm drainage may be required." The proposed Minor
Subdivision will have a paved internal roadway.
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Section 22-4-10.A., being the Comprehensive Plan Map section, indicates the County's
preference for rezonings and subdivisions to occur within defined Opportunity Zones.
The property is located within an Opportunity Zone. While such areas are normally applied to
commercial and industrial rezonings, an Opportunity Zone justifiably applies to the subject
rezoning to the E (Estate) Zone District, as the property owner has identified the potential for a
small, viable subdivision at this location, which will be supported by adequate access, utilities
and services.
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 surrounding lands are a mix of agricultural farmland, rural residential, on -going oil and gas
operations, public utility infrastructure facilities and natural areas, including the Saint Vrain
Creek. The surrounding lands are zoned A (Agricultural). The next closest, unincorporated,
non -agriculturally zoned properties are approximately 0.75 miles south of the site, located east
of and adjacent to County Road 191/2 and are zoned 1-3 (Heavy Industrial), being the Fort Saint
Vrain Generating Station. There are several Use by Special Review permits in the immediate
area including USR-1 183 (gas line) to the east; USR18-0124 (wedding and event venue) to the
east, USR-823 (230kV transmission line) to the east; USR-1063 (power plant) to the south and
east, USR-1647 (power generation facility) to the south; and USR-1735 (custom metal working
studio) to the northwest.
None of the existing surrounding land uses, including the aforementioned USR permits, appear
to be incompatible with the subject Change of Zone and the allowed land uses which may occur
within the E (Estate) Zone District.
The Department of Planning Services sent notice to eleven (11) surrounding property owners
within 500 -feet of the subject parcel. No responses have been received back. If any responses
are received prior to the public hearings, they will be included as exhibits for the case.
The subject site is located within the Johnstown, Milliken and Platteville Coordinated Planning
Agreement (CPA) boundaries. The municipalities all returned signed Notice of Inquiry forms
which collectively stated no concerns and no annexation interest, respectively dated May 11,
April 29 and May 13, 2021.
These three municipalities were also sent a referral notice during the Change of Zone
processing. Platteville returned a referral, dated November 2, 2021 and expressed no
concerns. Johnstown and Milliken did not respond. For reference, these towns were also
notified of the previous Sketch Plan application (MINK20-0002) and the pending Final Plan
application (MINF21-0001). No comments or concerns have been received for this case under
those separate applications.
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 application indicates that the property and future lots will receive potable water from the
Little Thompson Water District (LTWD). The existing residence is served by Little Thompson
Water District, tap #3564. Sewer Service will be provided by on -site wastewater treatment
systems (OWTS). The existing residence is served by a septic system, permit #G19860121.
The Change of Zone application materials included a Commitment Letter from the Little
Thompson Water District (LTWD), dated August 20, 2020. The LTWD did not issue new
comments in the referral response, dated November 11, 2021; rather, they reaffirmed that
requirements for water service are detailed in the Commitment Letter. Notably, new residences
will require new individual 5/8 -inch standard residential taps and extension of an existing water
line. LTWD currently owns and operates a six-inch (6") diameter waterline, located south of the
site, along Count Road 38 that extends approximately 910 feet east of County Road 19. The
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District also owns and operates a two and one-half inch (2.5") diameter waterline along County
Road 19. New water service to the four (4) net lots is subject to the limitations in the letter.
The referral details the requirements for water service which include the design and installation
of a new six-inch (6") mainline extension off of the existing waterline in County Road 38,
branching north into the development within the proposed cul-de-sac; the requirement for the
applicant to provide 2.8 acre-feet of water rights for the development (0.7 acre-feet per new
tap); the requirement for the applicant to complete the inclusion process into the LTWD tax
authority; guidelines for fire hydrant installation and the requirement for the applicant to
evaluate fire flow demand and if system upgrades are needed to meet the fire flow
requirements, detailed in the following subsection. The LTWD Commitment Letter expires on
August 20, 2022 if the taps have not been purchased, paid for and installed by that date.
Additionally, the Colorado Division of Water Resources referral, dated October 27, 2020 as
submitted for the Sketch Plan application, gave the opinion that water supply from the LWTD
is adequate for the development.
The Sketch Plan application materials included a Geologic Report, prepared by Soilogic Inc.,
dated and revised October 20, 2020. This report contained considerations for future on -site
wastewater treatment systems (OWTS) and their installation given the sandy loam soil quality
of the property.
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.
An acceptable Traffic Narrative was submitted, memo dated June 2, 2020. Based on this Traffic
Narrative, the County road facilities providing access to the property are adequate in functional
classification, width and structural capacity to meet the traffic requirements.
The property contains two (2) unpermitted access locations on County Road 38, being a paved
collector roadway per the Weld County Functional Classification Map. The existing access point
that serves the existing residence shall be closed and reclaimed following the Final Plan
application. A new development intersection is proposed off of County Road 38, in roughly the
center of the parcel, connecting to a proposed internal subdivision roadway. This location does
not meet the Minimum Access Spacing Criteria; however, a variance has been applied for and
has been approved by Weld County Development Review contingent upon BOCC approval of
COZ21-0008 and of the Minor Subdivision Final Plan. The other unpermitted access point on
the far east side of the property serves existing on -site oil and gas wells and appurtenances. An
executed Easement, Right-of-way and Surface Use Agreement, recorded February 21, 2006,
reception # 3364440 provides legal access for the operator, Kerr McGee Gathering (Western
Midstream Partners), to access and maintain their infrastructure. Oilfield traffic may continue
to use this eastern access point. An Improvements Agreement and final review of the access
location via Access Permit will be required as part of the Minor Subdivision Final Plan
conditional approval process.
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 Overlay District, 1-25 Overlay District, Historic Townsite Overlay District, Geological
Hazard Overlay District or within a Special Flood Hazard Area. Therefore, no additional
compliance with Overlay Districts must be demonstrated.
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. The Geologic
Report, prepared by Soilogic Inc., dated and revised October 20, 2020 states that the area
has the potential for economically recoverable oil and gas resources. This assumption is
correct given there are active wells within and around the subject parcel. The proposed
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Change of Zone and Minor Subdivision will not impede the continued recovery of such
resources. Furthermore, the Geologic Report states the subject parcel does not fall within
those areas identified as having economically recoverable sand and gravel resources and
no economically recoverable coal or metallic minerals were identified. A Surface Use
Agreement is in place for oil and gas resources.
3) Section 23-2-30.A.5.c. — The overall land use on the subject property will not change with
the approval of this Change of Zone, as the property will continue to be used for residential
purposes. The Colorado Geological Survey (CGS) referral dated November 18, 2020, as
submitted during the Sketch Plan application, stated that the site does not contain steep
slopes, is not undermined and is not exposed to any geologic hazards or unusual
geotechnical constraints that would preclude the residential development. Therefore, the
CGS has no objection to the development as proposed, provided that the Soilogic Geologic
Report recommendations are followed, dated October 20, 2020, as submitted in the
application materials.
The USDA Natural Resources Conservation Service (NRCS) Custom Soil Report, dated
August 23, 2018, as submitted in the application materials, describes the property
containing primarily well drained and low/moderate-slope sandy loam soils. These soils are
classified as "Prime farmland if irrigated" and "Farmland of local importance"; however, the
property is not irrigated and is not utilized for farming activities. Additionally, the Soilogic
Geologic Report did not describe any moderate or severe soil limitations that would
preclude residential development, which is characteristic in the E (Estate) Zone District.
The subject parcel is not located within a soil conservation district. No comments on the
soil's suitability for development were received from any other referral agency.
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 E (ESTATE) ZONE
DISTRICT IS CONDITIONAL UPON THE FOLLOWING:
1. Prior to recording the plat:
A. The applicant shall submit a complete vacation request letter for Use by Special Review (USR-
951). The vacation shall be approved by Board of County Commissioners Resolution prior to
recording COZ21-0008. (Department of Planning Services)
B. The applicant shall acknowledge the advisory comments from the Weld County School District
RE -1, as stated in the referral response dated October 21, 2021. Evidence of such shall be
submitted in writing to the Weld County Department of Planning Services. (Department of
Planning Services)
C. The applicant shall acknowledge the advisory comments from the Colorado Division of Water
Resources, as stated in the referral response dated October 27, 2020. Evidence of such shall
be submitted in writing to the Weld County Department of Planning Services. (Department of
Planning Services)
D. The applicant shall acknowledge the advisory comments from the Weld County Department of
Planning Services — Building and Addressing, as stated in the referral response dated
November 8, 2021. Evidence of such shall be submitted in writing to the Weld County
Department of Planning Services. (Department of Planning Services)
2. The Change of Zone plat shall delineate the following:
A. All sheets of the plat shall be labeled COZ21-0008. (Department of Planning Services)
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B. The plat shall adhere to Section 23-2-50.D. of the Weld County Code. (Department of Planning
Services)
C. The Change of Zone plat shall only show the boundary of the parcel to be changed and no
proposed internal lot lines of the Minor Subdivision shall be shown. (Department of Planning
Services)
D. 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)
E. Show and label the existing oil and gas infrastructure on site. Setback radiuses for existing oil
and gas tank batteries and wellheads shall be indicated on the plat per the setback
requirements of 23-3-70.E of the Weld County Code. Reference the recorded Easement, Right-
of-way and Surface Use Agreement and access roads related thereto. (Department of Planning
Services)
F. County Road 38 is a paved road and is designated on the Weld County Functional
Classification Map (Code Ordinance 2017-01) as a collector road, which requires 80 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)
G. County Road 19 is a paved road and is designated on the Weld County Functional
Classification Map (Code Ordinance 2017-01) as a collector road, which requires 80 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)
H. Show and label the existing access point as "close and reclaim." Show and label the proposed
development access point and the usage type (Commercial). Final review of the access
location is part of the plat submittal. (Development Review)
3. The following notes shall be delineated on the Change of Zone plat:
1) Change of Zone, COZ21-0008, allows for E (Estate) Zone District which shall comply with the
requirements set forth in Chapter 23, Article III, Division 5 of the Weld County Code, as
amended. (Department of Planning Services)
2) Any future structures or uses on site may be required to obtain approval through a Use by
Special Review and the appropriate zoning and building permits. (Department of Planning
Services)
3) Any future subdivision of land shall be in accordance with Chapters 24 and 27 of the Weld
County Code, as amended. (Department of Planning Services)
4) 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)
5) 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)
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6) 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)
7) Access on the site shall be maintained to mitigate any impacts to the public road including
damages and/or offsite tracking. (Development Review)
8) 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)
9) The historical flow patterns and runoff amounts will be maintained on the site. (Development
Review)
10) Water service may be obtained from Little Thompson Water District. (Department of Public
Health and Environment)
11) 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)
12) 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)
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.
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
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-
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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 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.
8. No subdivision development shall commence until a Minor Subdivision Final Plan application is
approved and a Minor Subdivision Final Plat is recorded in the Weld County Clerk and Recorder's
Office and the improvements be constructed per the terms of the Improvements Agreement.
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December 30, 2021
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
BAKER ANDREW
112 N RUBEY DRIVE
SUITE 210
GOLDEN, CO 80403
Subject: COZ21-0008 - Change of Zone from the A (Agricultural) Zone District to the E (Estate) Zone
District
On parcel(s) of land described as:
LOT B RE -1359 BEING PART OF THE SW4SW4 SECTION 34, T4N, R67W of the 6th P.M., Weld County,
Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on February 01, 2022 at 12:30
p.m. A subsequent hearing with the Board of County Commissioners will be held on February 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.24-65.5-1 03 (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
Res ctfully, // :///(/
Michael Hall
Planner
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