HomeMy WebLinkAbout20223100.tiffPlanner:
Maxwell Nader
Case Number: COZ22-0008
Owner:
Representative:
Request:
Legal
Description:
Location:
Acres:
LAND USE APPLICATION
SUMMARY SHEET
Jamm Power Service, LLC c/o Josh Pralle
32495 CR 14, Keenesburg, CO 80643
Emily Tarantini
2912 Ariel Drive, Loveland, CO 80537
Hearing Date: November 1, 2022
Change of Zone from the A (Agricultural) Zone District to the C-3 (Business
Commercial) Zone District.
Lot B, RECX16-0018; being part of the W2SE4 of Section 19, Township 2
North, Range 64 West of the 6th P.M., County of Weld, State of Colorado
North of and adjacent to County Road 18; approximately 0.50 miles east of
County Road 49
+/- 55.24 acres Parcel #: 1305-19-4-00-012
POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS
The Department of Planning Services' staff has received referral responses with comments from the
following agencies:
➢ Town of Hudson, referral dated August 10, 2022
➢ Weld County Department of Public Health and Environment, referral dated July 21, 2022
➢ Weld County Department of Planning Services — Development Review, referral dated July 28, 2022
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
➢ Weld County School District RE -3J, referral July 20, 2022
➢ Colorado Division of Water Resources, referral date July 29, 2022
➢ Weld County Department of Planning Services — Code Compliance, referral dated July 22, 2022
The Department of Planning Services' staff has not received responses from the following agencies:
➢ Town of Keenesburg
➢ Hudson Fire Protection District
➢ Southeast Weld Conservation District
COZ22-0008
Page 1 of 6
CASE SUMMARY:
The owner, Jamm Power Service, LLC, is requesting to rezone a parcel of land from the A (Agricultural)
Zone District to the C-3 (Business Commercial) Zone District. This parcel is adjacent to the Town of
Keenesburg. The Town of Keenesburg stated in the Notice of Inquiry form, dated March 15, 2022, that the
Town is not interested in annexing the property even though the plan for development is in alignment with
the Town's Comprehensive Plan. Jamm Power Service, LLC purchased the property from Meadow Ridge
Holdings, LLC on September 2, 2022.
The site is also located primarily within the Weld County Opportunity Zone due to the fact that it is within
one mile of 1-76. As defined in the 2020 Weld County Comprehensive Plan, Opportunity Zones are areas
of potential opportunity for commercial and industrial development. These are potentially logical areas for
rezoning land to C (Commercial) or I (Industrial), based on transportation infrastructure of roads and
railroads. The site is currently vacant land.
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 22-3-30.8.4 — states: "Pursue Coordinated Planning Agreements with all municipalities
within the County."
The proposed change of zone is located within the Town of Keenesburg Coordinated Planning
Agreement area. The applicant submitted a signed Notice of Inquiry (NOI) Form dated March 15,
2022. The details of the NOI Form stated the following "Met with applicant and although this
property and the plans for development are in alignment with the town's comprehensive planning
map for land use, the applicant does not wish to annexation at this time." The 2019 Keenesburg
Land Use Plan identifies the area of the subject property as Highway Commercial.
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 towns of Hudson and Keenesburg.
The Town of Hudson did return referral, dated August 10, 2022 stating they do not favor the request
due to unknown traffic counts, fire code and fire suppression, and the proximity to Keenesburg
municipal limits. The Town of Keenesburg did not return a referral but the NOI form dated March
15, 2022 as mentioned before states this request is in line with the future goals of the town.
The surrounding properties located to the east, west and south contain a residence along with
associated farming and/or commercial uses (like vehicle towing, repair and outdoor storage). The
small parcel located northwest of the site contains a residence along with buildings for agricultural
use, other lands to the north are used for a current cryogenic processing plat. There will be no
negative impacts to the surrounding neighborhood's health, safety and welfare.
Future commercial uses will have to be approved through a Site Plan Review or Use by Special
Review process. Site Plan Review and Use by Special Review applications are sent to referral
agencies and surrounding property owner for comments. The Conditions of Approval and
Development Standards applied to both this Change of Zone and any future Site Plan Reviews or
Use by Special Review permits will adequately address and mitigate potential impacts. Based on
the existing uses in the vicinity, a Change of Zone to C-3 (Business Commercial) is compatible with
the surrounding land uses.
COZ22-0008
Page 2 of 6
Section 22-4-10.B. — "Comprehensive Plan Compatibility: Weld County Opportunity Zones."
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 too
commercial or industrial. The property is located within a Weld County Opportunity Zone due to
its proximity to Interstate 76. The property is also located in the Urban and Urban/Annexation Mix
Development Classification. The reason for being located in the 0.25 mile annexation ring is due
to County Road 18 having been annexed by the Town of Keenesburg.
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.
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. All lands around the subject property are located within the County. The uses
specifically consist of ongoing oil and gas activity and a Cryogenic Processing Plant permitted
through 1MUSR18-17-0065. Approximately 0.50 miles to the north of the subject property is the
future Pioneer Village, which is a planned master community within the Town of Keenesburg. The
zoning and uses within the community vary but there are commercial and industrial uses proposed.
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 will be provided by a commercially permitted well, Permit no. 86845-F, with the Division of
Water Resources. The Division of Water Resources returned a referral dated July 29, 2022 and
outlined well permit no. 86845-F was issued on April 1, 2022 pursuant to §37-90-137(4) C.R.S.,
and the Findings of the State Engineer to construct a well to withdraw 11.5 acre-feet per year from
the Laramie -Fox Hills aquifer. The well permit allows for commercial and light industrial use. Per
the Weld County Department of Public Health and Environment, referral dated July 21, 2022, the
property is currently vacant and will be served by an on -site wastewater treatment system when
development occurs.
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.
Per the Development Review referral dated July 28, 2022, this portion of County Road 18 is under
the jurisdiction of the Town of Keenesburg. The municipality has jurisdiction over access to the
road. The applicant shall delineate on the plat the future and existing right-of-way and the physical
location of the road. 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. Physical roadways may not be
centered in the right-of-way.
County Road 18 is found to be adequate in functional classification, width and structural capacity
to meet the traffic requirements of the proposed zone. County Road 18 is a paved two-lane road.
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.
COZ22-0008
Page 3 of 6
The proposed Change of Zone is not located within the within any overlay district officially
adopted by the County, including A -P (Airport) Overlay District, 1-25 Overlay District, Municipal
Separate Storm Sewer System Area (MS4), Geological Hazard Area, Special Flood Hazard
Area, Historic Townsites Overlay District, or Agricultural Heritage Overlay District
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 extraction of mineral
resources. The applicant included a Geotechnical Engineering Letter from High Plains
Engineering & Consulting, LLC prepared on July 14, 2022. The applicant determined there are
no mineral lessees per their mineral research and the Sand and Gravel Map prepared by
Colorado Geologic Survey in 1974 and accepted by Weld County does not designate any hard
rock minerals on this parcel.
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 NRCS Soils Survey provided by the applicant indicate the following soils on site: 15 - Colby
loam, 47 - Olney fine sandy loam, and 79 - Weld loam. There are no 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 plat shall be amended to delineate the following:
1. All pages of the plat shall be labeled COZ22-0008. (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 18 is under the jurisdiction of the Town of Keenesburg. 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)
5. Show and label the access point and the permitting information from the Town of Keenesburg.
(Development Review)
2. The following notes shall be delineated on the Change of Zone plat:
1. Change of Zone, COZ22-0008, 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)
COZ22-0008
Page 4 of 6
2. Any future structures or uses on site may be required to obtain approval through a Site Plan Review
or Use by Special Review and the appropriate zoning and building permits. (Department of
Planning Services)
3. Water service may be obtained from an appropriately permitted well. (Department of Public Health
and Environment)
4. 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)
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 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)
10. Building Permits issued on the proposed lots will be required to adhere to the fee structure of the
County -Wide Road Fee Impact Program and the County Facility Fee and Drainage Impact Fee
Programs. (Department of Planning Services)
11. Necessary personnel from the Weld County Departments of Planning Services, Public Works, and
Public Health and Environment shall be granted access onto the property at any reasonable time
in order to ensure the activities carried out on the property comply with the Conditions of Approval
and Development Standards stated herein and all applicable Weld County regulations.
(Department of Planning Services)
12. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of the most
abundant mineral resources, including, but not limited to, sand and gravel, oil, natural gas, and
coal. Under title 34 of the Colorado Revised Statutes, minerals are vital resources because (a) the
state's commercial mineral deposits are essential to the state's economy; (b) the populous counties
of the state face a critical shortage of such deposits; and (c) such deposits should be extracted
according to a rational plan, calculated to avoid waste of such deposits and cause the least
practicable disruption of the ecology and quality of life of the citizens of the populous counties of
the state.
Mineral resource locations are widespread throughout the County and people moving into these
areas must recognize the various impacts associated with this development. Often times, mineral
COZ22-0008
Page 5 of 6
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 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.
COZ22-0008
Page 6 of 6
September 14, 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
TARANTINI EMILY
2912 ARIEL DRIVE
LOVELAND, CO 80537
Subject: COZ22-0008 - 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 RECX16-0018; PART W2SE4 SECTION 19, T2N, R64W of the 6th P.M., Weld
County, Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on November 1, 2022 at
12:30 p.m. A subsequent hearing with the Board of County Commissioners will be held on
November 30, 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 Nader
Planner
Hello