HomeMy WebLinkAbout20210083.tiffLAND USE APPLICATION
SUMMARY SHEET
Planner:
Case Number:
Applicant:
Representative: Wemsman Engineering and Land Development c/o Eric Wernsman P.O.
Box 105 LaSalle, CO 80645
Request:
Legal
Description:
Location:
Acres:
Maxwell Nader Hearing Date: December 15, 2020
COZ20-0007
Western Truck and Equipment Inc. c/o Craig Sparrow
Change of Zone from the A (Agricultural) Zone District to the I-2 (Medium
Industrial) Zone District
Lot B of Recorded Exemption RE -4059; being part of S2SE4 of Section 11,
T4N, R66W of the 6th P.M., Weld County, CO
North of and adjacent to County Road 46; west of and adjacent to County
Road 35
+/- 81.9 acres
Parcel #. 1057-11-4-00-002
POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS
The Department of Planning Services' staff has received referral responses with comments from
the following agencies:
VVVV 84
City of Evans, referral dated September 24, 2020
Colorado Department of Transportation, September 25, 2020
West Greeley Conservation District, referral dated October 14, 2020
Farmers Independent Ditch Company, referral dated October 13, 2020
Weld County Department of Public Works, referral dated October 5, 2020
Weld County Department of Public Health and Environment, referral dated October 6, 2020
The Department of Planning Services' staff has received referral responses without comments
from the following agencies:
Y Weld County Zoning Compliance, referral dated September 21, 2020
Y Central Weld County Water District, referral dated September 23, 2020
The Department of Planning Services' staff has not received responses from the following
agencies:
Y Town of Milliken
Y Town of LaSalle
Y Town of Gilcrest
Y LaSalle Fire Protection District
COZ20-0007
Page 1 of 7
ADMINISTRATIVE RECOMMENDATION
CHANGE OF ZONE
Planner: Maxwell Nader Hearing Date: December 15, 2020
Case Number: COZ20-0007
Applicant: Western Truck and Equipment Inc. c/o Craig Sparrow
Representative: Wernsman Engineering and Land Development c/o Eric Wernsman P.O.
Box 105 LaSalle, CO 80645
Request: Change of Zone from the A (Agricultural) Zone District to the I-2 (Medium
Industrial) Zone District
Legal
Description:
Lot B of Recorded Exemption RE -4059; Being part of W2NW4 of Section
11, T4N, R66W of the 6th P.M., Weld County, CO
Location: North of and adjacent to County Road 46; west of and adjacent to County
Road 35
Acres: +/- 81.9 acres
Parcel #. 1057-11-4-00-002
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 Towns of Milliken, LaSalle
and Gilcrest and the City of Evans. The Towns of Milliken, LaSalle, and Gilcrest had no
concerns. The City of Evans had comments on their referral dated, September 24, 2020,
that reflected their Notice of Inquiry (NOI) Form. The proposed Change of Zone is located
just outside of the one -quarter mile line of the City of Evans therefore the applicant was
encouraged to speak with the City of Evans.
Additionally, the property is located within the City of Evans Coordinated Planning
Agreement Area (CPA). As part of the pre -application process, Evans submitted a signed
Notice of Inquiry form which requested the property owner to consider a pre -annexation
agreement. During the duration of the twenty-one (21) day period the applicant and City
of Evans attempted to create an annexation agreement but ultimately no agreement was
pursued. Furthermore, the City of Evans Future Land Use Plan, adopted in 2014,
identifies the subject property as commercial and Industrial Clean Energy.
COZ20-0007
Page 2 of 7
The City Comprehensive Plan has designated two similar uses and users for Community
Commercial Centers include commercial activities that serve a portion of a region
comprised of numerous neighborhoods and employment areas. They may include many
of the uses that are found in Neighborhood Commercial Centers, such as a grocery store,
but typically also include a small department store or specialty variety store as an
additional anchor. Retail and service uses (i.e., typically a large grocery store, junior
department store, convenience stores, personal and business services and offices,
restaurants, and community facilities). All uses are intended to serve the community as a
whole, as well as nearby neighborhoods
The Industrial Clean Energy designation is intended to provide a location with an
emphasis on renewable energy projects. The site should be adequately sized to
accommodate parking, heavy truck traffic, loading, storage, open space, and other
service needs. Uses include renewable energy projects and producers of renewable
energy technology are strongly encouraged. Other industrial land uses are allowed,
though petrochemical industries and similar uses are discouraged. Future development is
supportable of these two land use designations
Section 22-2-30.C. — states "Harmonize development with surrounding lands uses."
The proposed Change of Zone is adjacent to US Highway 85 and there are many
properties around the subject property that are being utilized for commercial or
industrial purposes, permitted via a Weld County Site Specific Development Review
Permit. However, the surrounding lands are zoned Agricultural and numerous parcels
have residences located on them. Through the Site Plan Review process or Use by
Special Review process there are standards and mitigation practices set in place to
ensure the surrounding properties that are not similar in use are not negatively
impacted by any future use. As stated before the City of Evans Future Land Use Plan
has lands designated to the northwest of the subject property as Industrial Clean
Energy and these lands will also have design criteria to go through in order to help with
mitigation for surrounding properties located in the municipal limits and outside.
Section 22-4-10.B. — "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 to commercial or industrial. The property is located directly
adjacent to US Highway 85 which is appropriate transportation infrastructure for
industrially zoned properties.
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 lands in the surrounding area are a mix of commercial and industrial related uses
are permitted under USR17-0003 for and RV Storage facility which is located on the
east side of US Highway 85. MUSR14-0031 for a Mineral Resource Development
Facility (Storage) which is one (1) mile east of the subject property. The Weld County
Industrial Park, zoned I-3 (Heavy Industrial), is located approximately one (1) mile to
the southeast of the subject property. Additionally, the City of Evans have lands zoned
-3 approximately 0.50 miles to the northwest of the subject property, per their
interactive zoning map.
COZ20-0007
Page 3 of 7
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 Central Weld County Water District (CWCWD). CWCWD on
their referral dated September 23, 2020 had no comments. An on -site wastewater
treatment systems (OWTS) will provide sewer services for the proposed development 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.
The applicant is proposing to access off of County Road 35. Colorado Department of
Transportation (CDOT) has plans to upgrade the intersection of County Road 46 and
State Highway 85, and this may impact the design of the access to the property. A
condition of approval has been added to ensure the applicant acknowledges this potential
impact and to make sure certain property owners work with CDOT on future
development. CDOT had advisory comments on their referral dated September 24, 2020.
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, Geological Hazard Area, Municipal Separate Storm Sewer System
Area (MS4) or Special Flood Hazard Area.
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 previously reached out to
Occidental Petroleum, Anadarko Oil and Gas OnShore, LP, Kerr-McGee Gathering,
Noble Energy, and PDC Energy prior to submitting the change of zone application as
evidenced in the electronic mail dated September 30, 2020. During the Site Plan
Review or Use by Special Review development process, the applicant 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 Soils Survey from the Natural Resources Conservation
Service dated August 20, 2020 indicates Julesburg sandy loam, Nunn loam and
Vona loamy sand were located. Julesburg sandy loam is the only soil considered
somewhat limited. The other soils encountered are not limited. Future development
will be required to take into consideration any limiting site factors prior to
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 I-2 (MEDIUM
INDUSTRIAL) ZONE DISTRICT IS CONDITIONAL UPON THE FOLLOWING:
1. Prior to recording the plat:
A. The applicant shall address the concerns of the Public Works Referral, dated October 5,
2020, relating to access location(s) and Rights -of -Way. (Department of Public Works)
B. The applicant shall attempt to address the requirements of Farmers Independent Ditch
Company, as stated in the referral response dated October 13, 2020. Evidence of such
shall be submitted in writing to the Weld County Department of Planning Services.
COZ20-0007
Page 4 of 7
(Department of Planning Services)
C. The applicant shall attempt to address the requirements of the City of Evans, as stated in
the referral response dated September 24, 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 of the Colorado Department of
Transportation as stated in the referral response dated September 24, 2020. Evidence of
such shall be submitted in writing to the Weld County Department of Planning Services.
(Department of Planning Services)
E. The plat shall be amended to delineate the following:
1. All pages of the plat shall be labeled COZ20-0007. (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. (Department of Planning Services)
4. County Road 35 is a paved road and is designated on the Weld County Functional
Classification Map (Code Ordinance 2017-01) as an arterial road, which requires 140
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. (Department of Public Works)
5. County Road 46 is a paved road and is designated on the Weld County Functional
Classification Map (Code Ordinance 2017-01) as a collector road, which requires 140
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. (Department of Public Works)
3. The following notes shall be delineated on the Change of Zone plat:
1. The Change of Zone allows for I-2 (Medium Industrial) uses which shall comply with the
requirements set forth in Article III, Division 4 of the Weld County Code. (Department of
Planning Services)
2. Any future structures or uses on site must obtain approval through a Site Plan Review or
Use by Special Review. (Department of Planning Services)
3. Water service may be obtained from Central Weld County 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
COZ20-0007
Page 5 of 7
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. During development of the site, all land disturbances shall be conducted so that nuisance
conditions are not created. If dust emissions create nuisance conditions, at the request of
Weld County Environmental Health Services, a fugitive dust control plan must be
submitted. (Department of Public Health and Environment)
7. If land development exceeds 6 months in duration, the responsible party shall prepare a
fugitive dust control plan, submit an air pollution emissions notice application, and apply
for a permit from the Colorado Department of Public Health and Environment.
(Department of Public Health and Environment)
8. 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. (Department of
Public Works)
9. 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. (Department of
Public Works)
10. 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.
(Department of Public Works)
11. Access on the site shall be maintained to mitigate any impacts to the public road
including damages and/or offsite tracking. (Department of Public Works)
12. Prior to the release of building permits, the applicant shall be required to submit a
complete access application for a "preliminarily approved" access location as shown on
this plat. (Department of Public Works)
13. 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.
(Department of Public Works)
14. The historical flow patterns and runoff amounts will be maintained on the site.
(Department of Public Works)
15. 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)
COz20-0007
Page 6 of 7
16. 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)
17. 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 person 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)
paper copy or 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 -twenty (120) days from the
date of the Board of County Commissioners resolution. The applicant shall be responsible for
paying the recording fee.
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.
COz20-0007
Page 7 of 7
October 19, 2020
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
ERIC WERNSMAN
P.O. BOX 105
LASALLE, CO 80645
Subject: COZ20-0007 - Change of Zone from the A (Agricultural) Zone District to the I-2 (Medium
Industrial) Zone District.
On parcel(s) of land described as :
PT S2SE4 & S2S2N2SE4 SECTION 11 T4N R66W LOT B REC EXEMPT RE -4059 (2.27R) of the 6th
P.M., Weld County, Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on December 15, 2020, at
12:30 p.m. A subsequent hearing with the Board of County Commissioners will be held on January 6,
2021 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
If you have any questions concerning this matter, please call.
Respectfully,
Maxwell Nader
Planner
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