HomeMy WebLinkAbout20220142.tiffEXHIBIT
BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION %1
s %\
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSION (ba&z _fin le
Moved by Tom Cope, that the following resolution be introduced for passage by the Weld County Planning
Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER: COZ21-0006
APPLICANT: GENELL HULSTROM, C/O MACRITCHIE STORAGE VENTURES, LLC
PLANNER: MAXWELL NADER
REQUEST: CHANGE OF ZONE FROM THE A (AGRICULTURAL) ZONE DISTRICT TO THE C-
3 (BUSINESS COMMERCIAL) ZONE DISTRICT.
LEGAL DESCRIPTION: LOT B REC EXEMPT RE -3854; BEING PART S2NW4 SECTION 22, Ti N, R68W
OF THE 6TH P.M., WELD COUNTY, COLORADO.
LOCATION: EAST OF AND ADJACENT TO CR 7; APPROXIMATELY 0.25 MILES SOUTH OF
CR 8 (ERIE PARKWAY).
be recommended favorably to the Board of County Commissioners 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.B. — states "Locate urban development in urban areas."
The site is located within the three (3) mile referral area of the Cities of Dacono and Northglenn as
well as the Towns of Frederick and Erie. The City of Dacono did not return a referral. The City of
Northglenn and Town Northglenn did not have any concerns with the request as stated in their
referrals.
The proposed Change of Zone is within the Town of Erie Growth Management Area. The Erie Land
Use Plan Map (2019) designates the proposed location as two land use categories, B -Business and
I -Industrial. The Town of Erie returned a referral dated October 26, 2021 indicating "The Business
zone district is a transition from our anticipated Regional Commercial development to the north which
is our gateway into the community from 1-25. Within the Town of Erie Unified Development Code
(UDC), Outdoor recreational Vehicle Storage is not allowed in the Business zone district; and would
be considered as a Special Review Use within our Light Industrial zone district." Weld County staff
finds that the proposed commercial use of the property is compatible with the Town of Erie's
expected Business and Industrial use of the area.
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
Interstate 25. Additionally, County Road 7 is considered a Principal Arterial roadway in the Town of
Erie and connects to Erie Parkway which is appropriate transportation infrastructure for
commercially zoned properties. The property is also located within the Y4 mile encouraged
annexation area. Planning staff recommended the applicant to speak with the Town of Erie prior to
submitting. The applicant spoke with the Town of Eire who at the time did not desire annexation.
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 a property permitted for a RV Storage Facility through Use by
Special Review Permit, USR17-0017. The proposed Change of Zone and the proposed use of the
property will be similar to the current use of the surrounding property.
RESOLUTION COZ21-0006
GENELL HULSTROM, C/O MACRITCHIE STORAGE VENTURES, LLC
PAGE 2
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 Left Hand Water District (LHWD). LHWD did not return a referral;
however, the application materials include a letter dated August 25, 2021 from LHWD. The letter
stated the subject property is within the "Service Area" and has an existing 5/8" commercial tap. An
on -site wastewater treatment system (OWTS) will be installed for the office. The Weld County
Department of Public Health and Environment did not have any concerns in their referral dated
October 12, 2021.
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 7. This portion of County Road 7 is under
the jurisdiction of the Town of Erie. The Town of Erie's referral dated October 25, 2021 indicated this
is principal arterial and that they require a 140 right of way with an additional 30 -foot landscape buffer
between the right of way and development. A condition of approval has been included to ensure that
the applicant communicates with the Town of Erie regarding any concerns including the access off of
County Road 7 that is under the jurisdiction of the Town of Erie.
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 an Overlay District,
Municipal Separate Storm Sewer System Area (MS4) or Special Flood Hazard Area. But is
located in a Geological Hazard Area. The applicant is notifying the appropriate mineral owner in
relation to the coal that is located roughly 400 feet deep.
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 letter dated September 1, 2021 from
Lyons Gaddis Attorneys and Counselors regarding the minerals on the site. It was determined
there are mineral lessees on site but that there not any existing subsurface use agreements.
Additionally, the applicant per their mineral research has indicated all future development will not
interfere with future extraction of mineral resources and the mineral estate.
3) Section 23-2-30.A.5.c. —The NRCS Soils Survey provided by the applicant indicate the following
soils on site: 42 -Nunn clay loam, 67 Ulm clay loam, 82 Wiley -Colby complex, and 83 Wiley -Colby
complex. There are not any concerns with the soils on site for development.
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 applicant shall attempt to address the requirements of the Town of Erie, as stated in the referral
response dated October 25, 2021. Evidence of such shall be submitted in writing to the Weld County
Department of Planning Services. (Department of Planning Services)
B. The applicant shall attempt to address the requirements of Farmers Reservoir & Irrigation Company
(Community Ditch Company), as stated in the referral response dated October 26, 2021. Evidence of
such shall be submitted in writing to the Weld County Department of Planning Services. (Department
of Planning Services)
C. The plat shall be amended to delineate the following:
RESOLUTION COZ21-0006
GENELL HULSTROM, C/O MACRITCHIE STORAGE VENTURES, LLC
PAGE 3
1 All pages of the plat shall be labeled COZ21-0006 (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 This portion of County Road 7 is under the jurisdiction of the Town of Erie Please contact the
municipality to verify the right-of-way Show and label the right-of-way Show the approved
access(es) on the site plan and label with the approved access permit number if applicable
(Development Review)
2 The following notes shall be delineated on the Change of Zone plat
1 Change of Zone, COZ21-0006, 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 permits
(Department of Planning Services)
3 Water service may be obtained from Left Hand Water District (Department of Public Health and
Environment)
4 The parcel is currently not served by a municipal sanitary sewer system Sewage disposal maybe 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)
5 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)
6 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)
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 The historical flow patterns and runoff amounts will be maintained on the site (Development Review)
9 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, 2006 International Energy Code,
2017 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)
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)
RESOLUTION COZ21-0006
GENELL HULSTROM, C/O MACRITCHIE STORAGE VENTURES, LLC
PAGE 4
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
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
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 the Board of County
Commissioners resolution a $50 00 recording continuance charge shall 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
RESOLUTION COZ21-0006
GENELL HULSTROM, C/O MACRITCHIE STORAGE VENTURES, LLC
PAGE 5
Motion seconded by Sam Gluck
VOTE
For Passage Against Passage Absent
Tom Cope
Elijah Hatch
Skip Holland
Sam Gluck
Butch White
Pamela Edens
Michael Wailes
Michael Palizzi
Lonnie Ford
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioners for further proceedings
CERTIFICATION OF COPY
I, Kristine Ranslem, Recording Secretary for the Weld County Planning Commission, do hereby certify that
the above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld
County, Colorado, adopted on January 4, 2022
Dated the 4th of January, 2022
Kristine Ranslem
Secretary
EXHIBIT
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, January 4, 2022
A regular meeting of the Weld County Planning Commission was held in the Weld County Administration
Building, Hearing Room, 1150 O Street, Greeley, Colorado. This meeting was called to order by Chair,
Elijah Hatch, at 12:30 pm.
Roll Call.
Present: Tom Cope, Elijah Hatch, Skip Holland, Sam Gluck, Butch White, Michael Wailes, Pamela Edens,
Michael Palizzi.
Absent: Lonnie Ford.
Also Present: Kim Ogle, Chris Gathman, Diana Aungst, Michael Hall, Maxwell Nader, Department of
Planning Services; Lauren Light, Department of Health; Bob Choate, County Attorney, and Kris Ranslem,
Secretary.
CASE NUMBER: COZ21-0006
APPLICANT: GENELL HULSTROM, C/O MACRITCHIE STORAGE VENTURES, LLC
PLANNER: MAXWELL NADER
REQUEST: CHANGE OF ZONE FROM THE A (AGRICULTURAL) ZONE DISTRICT TO THE
C-3 (BUSINESS COMMERCIAL) ZONE DISTRICT.
LEGAL DESCRIPTION: LOT B REC EXEMPT RE -3854; BEING PART S2NW4 SECTION 22, T1 N, R68W
OF THE 6TH P.M., WELD COUNTY, COLORADO.
LOCATION: EAST OF AND ADJACENT TO CR 7; APPROXIMATELY 0.25 MILES SOUTH OF
CR 8 (ERIE PARKWAY).
Maxwell Nader, Planning Services, presented Case COZ21-0006, reading the recommendation and
comments into the record. Mr. Nader noted that ten (10) letters from surrounding property owners outside
of the 500 -foot buffer were received in opposition to this application. The major concerns listed in the letters
were focused on the changing environment and the potential increase in traffic. Additionally, there was an
anonymous phone call received in support from a farmer in the direct area that was in support of the request.
Mr. Nader added that Staff received a letter of support from an adjacent landowner to the south detailing
that large scale farming in Erie does not have a future anymore with the development that is occurring in
the area.
Mr. Nader commented that the Town of Erie has classified County Road 7 as a principal arterial road that
has a required 140 foot right-of-way. He noted that the zoning in the area of the site consists of agricultural
and C-3 Zoning. According to the Town of Erie's Land Use Map, this area is designated for business and
industrial.
The Department of Planning Services recommends approval of this application along with conditions of
approval.
Commissioner Wailes referred to the referral submitted by the Town of Erie and added that he doesn't
understand what they are asking for. Mr. Nader said that when a Change of Zone and Site Plan Review
are processed concurrently, it is confusing and you can see a little bit of that in the referral. However, Mr.
Nader said that he spoke to the Town of Erie following their referral and he added that Erie is not concerned
with the Change of Zone request, but more concerned with the Site Plan Review request regarding the
conditions of approval.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements.
Steve Litsas, 4582 South Ulster Street, Denver, Colorado, stated that the applicant is looking to change the
zone from agricultural to commercial to have a high -quality RV storage facility. Mr. Litsas noted that there
are concerns regarding the Site Plan Review and added that in general RV storage is very low traffic
generating. He added that they are looking at 16 total trips (8 trips in, 8 trips out) in the peak hour. Mr.
Litsas said that of that traffic, 15% would go down County Road 6.
1
The Chair asked if there was anyone in the audience who wished to speak for or against this application
Ed Kosorok, 3923 CR 6, stated that he has lived there for 25 years He said that he is against any zoning
changes in development, however, he knows it is inevitable and resigns to working to minimizing the impact
on them He respects the right of landowners to do what they want within reason Mr Kosorok said that
their biggest issues are regarding traffic and lack of law enforcement He expressed concern for the
increased traffic and speeding and recommended that the speed limit should be reduced on County Road
7 as there are hills that would reduce visibility for large units exiting onto County Road 7 He added that
since this is a zoning change request, it could open up properties to other businesses that might be less
compatible or desirable
Genell Hulstrom, 2714 CR 7, Erie, stated that 50 years ago they moved onto the property and farm ground
surrounded them, however, as time has gone on they have been engulfed with development Ms Hulstrom
said that as farmers the only thing they have to retire on is their land so they decided to put part of the
ground up for sale She requested that this application be approved
Mike Schweitzer, 3298 CR 4, Erie, stated that over the last few years all RV projects in this area have been
denied by the Weld County Commissioners He said that County Roads 4 and 7 are seeing more and more
traffic as more homes are being built The problem with changing zone from rural residential to commercial
is that there is no infrastructure in place such as fire protection, fire hydrants, runoff of water from paved
area, and sewer He expressed concern with dropping a commercial property in the middle of a residential
area and the impacts it has to the surrounding area
Commissioner Gluck asked if there is an RV storage facility close to this site Mr Schweitzer said that it is
close but it is next to 1-25
Dee Trembath, 3376 Longview Road, stated that she lives about one-half mile from this subject site She
said that they have dealt with three other RV storage facilities on County Road 6 but they are east of the
Frontage Road She added that those facilities use County Road 6 to transport vehicles so there is a lot of
storage traffic on their roads Ms Trembath said that there are very large drainage ditches on the sides of
the roads so there is no room for safety for people that are riding horses or walking their dogs Ms Trembath
said that farming is getting to be very difficult for all of the farmers, but the impact of lighting and traffic
would have on their area is scary
Dave Hulstrom, 2600 CR 7, Erie, stated that said that he lives on his own piece of property and the proposed
storage facility will be 50 feet from his back yard Mr Hulstrom said that he would rather have a storage
facility as opposed to hundreds of people being nosey in his window He said that his family has farmed
about 3000 acres of which 90% has been developed and has little ground left to farm Mr Hulstrom said
that he fears a lot of time moving his farm equipment in the area with all the people that someone will get
irritated because of his equipment He said that he hopes the Commissioners can see where the farmers
are coming from and a farmer deserves to reap his benefits in the end
Commissioner Cope said that directly north of Mr Hulstrom's property is the Erie Exchange, LLC and asked
what that is Mr Hulstrom believed that it is an AA Storage business and added that it is under Erie's
jurisdiction Mr Cope asked if it is some kind of storage facility Mr Hulstrom said that if there is anything
that you want to store you can store it there
Rick Hulstrom, 2716 CR 7, stated that his parents bought that place in 1972 and prior to that Jiis great
grandparents lived there and added that they have seen a lot of changes through the years He added that
farming is in their blood and had a dairy farm up until 10 years ago He said it is hard to let it go but this
will ensure financial stability for their mom He said that there are hundreds of homes next to them that are
being built and added that they will need this facility
Mr Litsas referred to the comments regarding infrastructure and said that an RV storage facility works here
because it is very low water and sewer generating and added that the nearest public sewer line is about 1
mile away and it is cost prohibitive to bring it to this site He further added that because it is cost prohibitive
the site has not been able to sell since 2007 Therefore, infrastructure should not be a concern here
2
Mr Litsas referred to traffic on County Road 7 and noted that the peak hour demand is very low and added
that if there were housing it would be a much larger number of trips during peak hour He added that
according to the traffic study it shows 8 trips in and 8 trips out which is very low Mr Litsas stated that the
current right-of-way on County Road 7 is 60 foot and as part of this development they will be dedicating the
additional 40 -foot right-of-way, as per the Town of Erie's request He added that this would allow, in the
future, for the mitigation for the widening of the road and traffic
Mr Litsas provided visual pictures of other RV storage facilities owned by Macritchie showing the canopies
and high scale facility
Commissioner Gluck asked if the site will be fenced or gated Mr Litsas replied that it will be fenced and
gated
Commissioner Palizzi asked if there will be lighting on site Mr Litsas replied that they will use dimmable
lights at nighttime so as you drive down the row it might brighten a little but is still in the dark sky compliance
Commissioner Wailes commented that questions of the facility are irrelevant as they are reviewing the
change of zone He said that drainage, infrastructure requirements and access points will be addressed in
the Site Plan Review application process
Commissioner Gluck asked about the tax rate for commercial and agricultural Bob Choate, County
Attorney, stated that it is based on use and not zoning
The Chair asked the applicant if they have read through the Conditions of Approval and if they are in
agreement with those The applicant replied that they are in agreement
Motion Forward Case COZ21-0006 to the Board of County Commissioners along with the Conditions of
Approval with the Planning Commission's recommendation of approval, Moved by Tom Cope, Seconded
by Sam Gluck
Vote Motion passed (summary Yes = 7, No = 1, Abstain = 0)
Yes Elijah Hatch, Michael Palizzi, Michael Wailes, Pamela Edens, Sam Gluck, Skip Holland, Tom Cope
No Butch White
Commissioner Cope stated that the County has gone away from Special Use Permits to prevent properties
like this from being spot zoned in the county He added that the change of zone needs to be in close
proximity of other transportation properties, infrastructure, etc and he believes Staff has done a very good
job identifying that this actually does meet those criteria for an adequate change of zone
Meeting adjourned at 5 02 pm
Respectfully submitted,
Kristine Ranslem
Secretary
ATTENDANCE RECORD
NAME - PLEASE PRINT LEGIBLY
ADDRESS
EMAIL
John Doe
123 Nowhere Street, City, State, Zip
o
U
3 L
�,J coo
�h Allaw(
Sir 4.t1-4. BoSb
&1s 4S1t f ( e
tt
/`,,p
L) C,C
_fliea_
Cthk1 'j
_ _
__ _
-actskp--------
a
a-�.�.. CA 3 .�S��
s-
34) S 1� ? l Co S O 1
•
Q
LA W �V QV
As- Nn
N4 o c Ct v c,
•ci ut3i•--
505 Gito. 11,4. pros '2 C., 5v 50
--a m--
1 / Li U
Hello