HomeMy WebLinkAbout20220143.tiffPlanner:
Case Number:
Owner:
Applicant:
Representative
Request:
Legal
Description:
LAND USE APPLICATION
SUMMARY SHEET
Maxwell Nader
COZ21-0006
Hearing Date: January 4, 2022
Genell F. Hulstrom, 2714 County Road 7, Erie, CO 80516
Macritchie Storage Ventures, LLC
715 5th Ave SW Suite 1700, Calgary AB T2P 2X6, Canada
Kimley-Horn and Associates, Inc. c/o Stephen Litsas
4582 S. Ulster Street #1500, Denver, CO 80237
Change of Zone from the A (Agricultural) Zone District to the C-3 (Business
Commercial) Zone District.
Lot B of Recorded Exemption RE -3854; being part of S2SW4 of Section 22,
Ti N, R68W of the 6th P.M., Weld County, CO
Location: East of and adjacent to County Road 7; approximately 0.25 miles south of
County Road 8 (Erie Parkway)
Acres: +1- 73.43 acres Parcel #. 1467-22-2-00-007
POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS
The Department of Planning Services' staff has received referral responses with comments from
the following agencies:
Town of Erie, referral dated October 25, 2021
Y Weld County Department of Public Health and Environment, referral dated October 11, 2021
Y Weld County Department of Planning Services — Development Review, referral dated
September 29, 2021
The Department of Planning Services' staff has received referral responses without comments
from the following agencies:
Y Boulder County, referral dated October 12, 2021
Adams County, referral dated September 29, 2021
City of Northglenn, referral dated September 28, 2021
Town of Frederick, referral dated September 28, 2021
City and County of Broomfield, referral dated October 25, 2021
Weld County Zoning Compliance, referral dated September 29, 2021
Boulder Valley Conservation District, referral dated November 1, 2021
Farmers Reservoir & Irrigation Company (Community Ditch Company), referral dated
October 28, 2021
The Department of Planning Services' staff has not received responses from the following
agencies:
City of Dacono
Mountain View Fire Rescue
COZ21-0006
Page 1 of 6
NARRATIVE:
The applicants are requesting to rezone the property from A (Agricultural) Zone District Zone
District to the C-3 (Business Commercial) Zone District. There is a pending Site Plan Review
application, SPR21-0009, for an RV Storage Facility. The Site Plan Review is being processed in
conjunction with this application and is pending the approval and recording of COZ21-0006.
THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST
BE APPROVED FOR THE FOLLOWING REASONS:
1. The submitted materials are in compliance with the application requirements of Section 23-2-
50 of the Weld County Code.
2. The submitted materials are in compliance with Section 23-2-30 of the Weld County Code, as
follows:
A. Section 23-2-30.A.1. - That the proposal is consistent with Chapter 22 of the Weld County.
Section 22-2-30.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 1/4 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.
COZ21-0006
Page 2 of 6
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 518" 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)
COZ21-0006
Page 3 of 6
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:
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
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)
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)
COZ21-0006
Page 4 of 6
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)
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.
2. 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.
3. 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.
4. 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.
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
COZ21-0006
Page 5 of 6
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. 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.
7. 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.
COZ21-0006
Page 6 of 6
November 15, 2021
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
LITSAS STEPHEN
4582 SOUTH ULSTER ST STE 1500
DENVER, CO 80237
Subject: COZ21-0006 - Change of Zone from the A (Agricultural) Zone District to the C-3 (Business
Commercial) Zone District.
On parcel(s) of land described as:
LOT B REC EXEMPT RE -3854; BEING PART S2NW4 SECTION 22, T1 N, R68Wof the 6th P.M., Weld
County, Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on January 4, 2022 at 12:30
p.m. A subsequent hearing with the Board of County Commissioners will be held on January 19, 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