HomeMy WebLinkAbout20222593.tiffRESOLUTION
RE: GRANT CHANGE OF ZONE, COZ22-0005, FROM THE R-1 (LOW -DENSITY
RESIDENTIAL) ZONE DISTRICT TO THE C-3 (BUSINESS COMMERCIAL) ZONE
DISTRICT - KEITH COWAN
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, a public hearing was held on the 21st day of September, 2022, at 10:00 a.m.,
in the Chambers of the Board for the purpose of hearing the application of Keith Cowan,
3240 Iris Court, Wheatridge, Colorado 80033, requesting a Change of Zone, COZ22-0005, from
the R-1 (Low -Density Residential) Zone District to the C-3 (Business Commercial) Zone District
for a parcel of land located on the following described real estate, to -wit:
Lot 1 of Resubdivision, RES21-0009; being part of
the NW1/4 of Section 15, Township 5 North,
Range 65 West of the 6th P.M., Weld County,
Colorado
WHEREAS, the applicant was present, and
WHEREAS, Section 23-2-40 of the Weld County Code provides standards for review of
such a Change of Zone, and
WHEREAS, the Board of County Commissioners heard all the testimony and statements
of those present, studied the request of the applicant and the recommendation of the Weld County
Planning Commission and, having been fully informed, finds that this request shall be approved
for the following reasons:
1. The applicant has complied with all the application requirements listed in
Section 23-2-50 of the Weld County Code.
2. The applicant has demonstrated that the request is in conformance with
Section 23-2-40.B of the Weld County Code as follows:
A. Section 23-2-40.B.1 — The proposal is consistent with Chapter 22 of the
Weld County Code.
1) Section 22-4-10.A.1, being the Comprehensive Plan Map section,
refers to one of the two (2) main components for siting preference
of rezonings and subdivisions. Specifically, that area of opportunity
for commercial and industrial development are logically developed
based on transportation infrastructure of roads and railroads. The
proximity of this site to U.S. Highway 34 business route allows for
the convenient and efficient transportation of goods and services
that may be produced or received from a potential business on this
property. By rezoning the property to C-3 (Business Commercial),
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Carly Koppes, Clerk and Recorder, Weld County , CO
wA Li '11111
CC: PL(TP/MN/DA), CA (km),
APPL., APPL•REP.
1o/1.1/22.
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CHANGE OF ZONE (COZ22-0005) - KEITH COWAN
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a larger variety of anticipated future uses may benefit from the
nearby Highway.
2) Section 22-4-10.B.2, being the Weld County Opportunity Zone
criteria, states that zone changes to Commercial and Industrial are
preferred in select areas of the County, specifically, within
one-half (0.5) mile of U.S. highways. This property is located within
the one-half (0.5) mile buffer surrounding U.S. Highway 34;
therefore, it is within a Weld County Opportunity Zone. The Weld
County Comprehensive Plan supports zone changes in the
Opportunity Zones.
B. Section 23-2-40.B.2 — The uses which will be allowed on the subject
property by granting the Change of Zone will be compatible with the
surrounding land uses. The site is located east of Greeley, along
East 20th Street. and in an area where there is a mixture of zonings and
uses within one (1) mile of the site. The immediate area consists of
industrial/commercial, institutional (Bella Romero Grades 4-8 school), and
residential uses. The majority of the adjacent surrounding lands are zoned
R-1 (Low Density Residential) with one (1) parcel north of the site zoned
C-3 (Business Commercial). The site is located in an Opportunity Zone due
to the proximity of the U.S. Highway 34 business route. The Use by Special
Review permits within one (1) mile of the site include: USR16-0009,
USR-832, USR-693, and USR-665, for oil and gas production facilities, all
located south of the site. Amended USR-1208, for a public recreational
facility (paint ball field) and USR-808, for a private recreational facility
(RV campground) are also located south of the site. Approximately one-half
(0.5) to one (1) mile north of the site, along the Cache la Poudre River, are
gravel pits, specifically: SUP -345, USR14-0023 and USR-1760. Also
included in this area is USR-1097, for an art gallery, USR-926, for RV
storage, USR-503, for sales of cemetery monuments, USR-834, for a home
business, USR-1006, for the storage of empty trash dumpster/containers,
USR-1726, for accessory parking and a home business, USR-771, for
cultured marble fabrication, USR-755, for plastic products manufacturing,
USR18-0070, for an accessory building, and USR15-0009, for a trucking
company with outdoor storage of equipment and vehicles. There are about
29 Site Plan Reviews (SPRs) approved for the properties that have been
rezoned to Commercial (C-2 and C-3) or Industrial (I-1 and 1-2), north of
the site. On the C-3 (Business Commercial) zoned property, north of and
adjacent to the site, there is a Site Plan Review, SPR14-0001, which was
approved for maintenance, repair, and outdoor parking of vehicles. The site
is located within the three (3) mile referral area for the Cities of Evans and
Greeley and the Towns of Kersey and Garden City. The City of Evans and
the Town of Garden City stated no concerns on their referral agency
comments, dated May 29, 2022, and June 7, 2022, respectively. The City
of Greeley did submit referral agency comments, dated June 3, 2022, but
these comments related to the proposed development on the site, rather
than the proposed Change of Zone. The Town of Kersey did not respond
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Carly Koppel, Clerk and Recorder, Weld County , CO
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with referral agency comments. The subject site is located within City of
Evans and the Town of Kersey's Coordinated Planning Agreement (CPA)
boundaries. As part of the pre -application process the municipalities were
sent a Notice of Inquiry (NOI). Both the City of Evans and the Town of
Kersey indicated they are not interested in annexation of the subject
property. The future land use maps for the City of Evans and the Town of
Kersey do not include the subject property. The Land Use Guidance Map
for the City of Greeley depict this area as suburban. On May 31, 2022, the
Department of Planning Services sent notice to 28 surrounding property
owners (SPOs) within 500 feet of the subject parcel. No responses were
received back. Any use proposed on the subject site will go through a
permitting process, whether this is a Site Plan Review or Use by Special
Review process. All permitting processes require mitigation methods for
properties adjacent to the subject property that are not like -to -like zoning.
Visual mitigation will be required for outdoor storage and parking or staging.
These methods/practices are reviewed and enforced by the Department of
Planning Services staff to ensure the property owner is compliant.
C. Section 23-2-40.6.3 — Adequate water and sewer service can be made
available to the site to serve the uses permitted within the proposed zone
district. The subject property is currently vacant and there are no utilities to
the site. The application materials include a "will serve" letter from the City
of Greeley, which states the City of Greeley will provide water service for
outdoor storage (RV storage facility). The letter states, "The service will be
provided once any and all necessary on- and off -site infrastructure
improvements are completed, and applicable fees are paid." According to
the application, the existing sewer line is currently 600 feet from the
proposed office building, therefore, an On -site Wastewater Treatment
System (OWTS) may provide sewer at the site.
D. Section 23-2-40.6.4 - Street or highway facilities providing access to the
property are adequate in size to meet the requirements of the proposed
zone districts. The applicant submitted a revised questionnaire concerning
the access point on August 22, 2022. The revision states the access point
will be from East 20th Street but will be located east of the private drive that
is currently utilized by Bella Romero 4-8, and the new access point will
meet required spacing. U.S. Highway 34 business route is on the northeast
boundary of the site. There is a 30 -foot access easement (reception
#4292873, dated April 11, 2017) that travels north/south along the far
eastern portion of the property to provide access to USR16-0009, for an oil
and gas production facility, just south of the subject property. This
easement has an access onto U.S. Highway 34 (CDOT access permit
#416104). The applicant is not requesting to use this access point or
easement. The Colorado Department of Transportation (CDOT) did not
respond to the referral request. This access point is located entirely on the
subject property and is not a shared driveway.
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Carly Koppes, Clerk and Recorder, Weld County , CO
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E. Section 23-2-40.B.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 23-2-40.B.5.a — If the proposed Change of Zone is located
within any Overlay District identified by maps officially adopted by
the County, that the applicant has demonstrated compliance with
the County regulations concerning Overlay Districts. Compliance
may be demonstrated in a previous public hearing or in the hearing
concerning the rezoning application. The proposed Change of
Zone (COZ) site is not located within the 1-25 Overlay District,
Geologic Hazard Overlay District, Special Flood Hazard Area, or
Agricultural Heritage Overlay District. The site is located within the
A -P (Airport), Overlay District MS4 - Municipal Separate Storm
Sewer System area, and Historic Townsites Overlay District. The
Greeley/Weld Airport did not submit any referral agency
comments and the comments concerning MS4 are included in
the Development Review referral agency comments dated
May 31, 2022.
2) Section 23-2-40.B.5.b — The proposed rezoning will not permit the
use of any area known to contain a commercial mineral deposit in
a manner which would interfere with the present or future extraction
of such deposit by an extractor to any greater extent than under the
present zoning of the property. The proposed Change of Zone does
not interfere with the present or future extraction of mineral
resources, more so than the existing zoning. The Aggregate
Evaluation report from CDS Engineering Corporation, dated
December 10, 2021, submitted in the application materials, states
the site would not be suitable for mining gravel.
3) Section 23-2-40.B.5.c — If soil conditions on the site are such that
they present moderate or severe limitations to the construction of
structures or facilities proposed for the site, that such limitations can
be overcome and that the limitations will be addressed by the
applicant and/or the applicant's successors or assigns prior to the
development of the property. The Natural Resources Conservation
Services (NRCS) Soil Survey, dated November 3, 2021, submitted
with the application, indicates that the property contains low -slope
Altvan loam soils and that this type of soil does not limit the
construction of dwellings or small commercial buildings. This soil
type is classified as "Not prime farmland" and is considered
well -drained soil.
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Carly Koppel, Clerk and Recorder, Weld County , CO
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NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Keith Cowan for a Change of Zone, COZ22-0005, from
the R-1 (Low -Density Residential) Zone District to the C-3 (Business Commercial) Zone District
on the above referenced parcel of land be, and hereby is, granted subject to the following
conditions:
1. The Change of Zone plat shall delineate the following:
A. All sheets of the plat shall be labeled COZ22-0005.
B. The plat shall adhere to Section 23-2-50.D of the Weld County Code.
C. All recorded easements and rights -of -way shall be delineated on the plat
by book and page number or Reception number.
D. East 20th Street is a paved road and is designated on the Weld County
Functional Classification Map (Code Ordinance #2017-01) as a local road,
which requires 60 feet of right-of-way at full buildout. The applicant shall
delineate and label the future and existing right-of-way (along with the
documents creating the existing right-of-way) and the physical location of
the road on the plat. 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 Weld County Code
Section 23-1-90, the required setback is measured from the future
right-of-way line. This road is maintained by Weld County.
E. The applicant shall show and label the proposed access point and the
usage types (Agriculture, Residential, Commercial/Industrial, or Oil and
Gas). Development Review will review access location as a part of the plat
submittal.
F. The following notes shall be delineated on the Change of Zone plat:
1) Change of Zone, COZ22-0005, allows for C-3 (Business
Commercial) Zone District uses, which shall comply with the
requirements set forth in Chapter 23, Article III, Division 3 of the
Weld County Code.
2) Any future structures or uses onsite must obtain the appropriate
Zoning and Building Permits.
3) The operation shall comply with all applicable rules and regulations
of the state and federal agencies and the Weld County Code.
4) The property owner or operator shall be responsible for controlling
noxious weeds on the site, pursuant to Chapter 15, Articles I and II,
of the Weld County Code.
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Carly Koppel, Clerk and Recorder, Weld County , CO
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5) Access on the site shall be maintained to mitigate any impacts to
the public road, including damages and/or off -site tracking.
6) All access and utility easements are dedicated for the benefit of all
owners of lots depicted on this plat, including owners of future lots
created therefrom, regardless of lot configuration or number of
users, and without limitation of the use or intensity of the use of
such easements. No lot owner may install a gate or otherwise
impede the use of such easements without the approval of all
persons with rights of use of such easements.
7) This site is located in the MS4 area and is subject to the regulations
of the state -issued MS4 Permit.
8) The historical flow patterns and runoff amounts will be maintained
on the site.
9) Water service may be obtained from the City of Greeley.
10) The parcel is currently not served by a municipal sanitary sewer
system. Sewage disposal may be by an 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.
11) Activity or use on the surface of the ground over any part of the
OWTS must be restricted to that which shall allow the system to
function as designed and which shall not contribute to compaction
of the soil or to structural loading detrimental to the structural
integrity or capability of the component to function as designed.
12) Building Permits may be required for any new construction or set
up of a 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 have 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.
13) Building Permits issued on the proposed lots will be required to
adhere to the fee structure of the County -Wide Road Impact Fee,
the County Facility Fee, and Drainage Impact Fee Programs.
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Carly Koppes, Clerk and Recorder, Weld County , CO
lilt PAM WWII ' MOANS Mil
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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 stated herein and
all applicable Weld County regulations.
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. Oftentimes, 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.
2. Upon completion of Condition of Approval #1 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 the 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. The Mylar plat and additional requirements shall be submitted within
120 days from the date of the Board of County Commissioners Resolution. The
applicant shall be responsible for paying the recording fee.
3. If a plat has not been recorded within 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.
4. 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
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Carly Koppel, Clerk and Recorder, Weld County , CO
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of County Commissioners Resolution, a $50.00 recording continuance fee shall be
added for each additional three (3) month period.
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.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 21st day of September, A.D., 2022.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: dit,f,A) jej,,,;(1
Weld County Clerk to the Board
BY:
LkJ
Deputy Clerk tooard
AP' ' :VED AS
County A'orney
Date of signature: 10/6/22
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Carly Koppes, Clerk and Recorder, Weld County , CO
Scb"tt K. James, Chair
Meeman, Pro -T,
teve Moreno
Lori Saine
2022-2593
PL2834
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