HomeMy WebLinkAbout20211289.tiffMEMORANDUM
TO: Angela Snyder, Planning Services
FROM: Melissa J King, PE, Public Works
DATE: March 1, 2021
SUBJECT: COZ21-0002 Gerrard
The Weld County Department of Public Works has reviewed this proposal. Staff comments made during
this phase of the application process may not be all-inclusive, as other issues may arise during the
remaining application process.
COMMENTS:
Parcel(s): 095718300047
The project proposes to: Change of zone from the A (Agricultural) Zone District to the 1-3 (Heavy Industrial)
Zone District
ACCESS:
Weld County Public Works has reviewed the application materials related to access.
The parcel has existing permitted industrial access onto County Road 13 (also known as Colorado
Boulevard). AP15-00271
No other access is requested.
ROADS AND RIGHT-OF-WAY:
County Road 13 (also known as Colorado Boulevard) 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. The applicant shall delineate on the plat the future and existing right-of-way and the
physical location of the road. If the right-of-way cannot be verified it shall be dedicated or reserved per Weld
County Code. 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. Be aware that physical roadways may not be centered
in the right-of-way. This road is maintained by Weld County.
Per Chapter 8, Article 13, Section 8-13-30, a Weld County Right -of -Way Use Permit is required for any
project that will be occupying, constructing or excavating facilities within, and or encroaching upon, any
County rights -of -way or easement. Right -of -Way Use Permit instructions and application can be found at
https://www.weldoov.com/departments/public works/permits/.
Weld County will not replace overlapping easements located within existing right-of-way or pay to relocate
existing utilities within the County right-of-way.
CONDITIONS OF APPROVAL:
The plat shall be amended to delineate the following:
1. County Road 13 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)
2. Show and label the existing permitted access point (AP15-00271) and the usage type
(Industrial). (Department of Public Works)
DEVELOPMENT STANDARDS (NOTES ON THE PLAT)
1. 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)
2. 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)
3. 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)
4. 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)
5. The historical flow patterns and runoff amounts will be maintained on the site. (Department
of Public Works)
r1
couNTY
WELD COUNTY DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
1555 North 17th Avenue, Greeley, CO 80631 www,weldhealth,org
Memorandum
To:
From:
Date:
Re:
Angela Snyder
Lauren Light, Environmental Health Services
March 5, 2021
COZ21-0002 Gerrard Investments, LLC
Environmental Health Services has reviewed this proposal for a Change of Zone from
the A (Agricultural) Zone District to the 1-3 (Heavy Industrial) Zone District.
The site is currently served by Little Thompson Water District and an on -site wastewater
treatment system sized for 30 people. (SP -1600128)
We recommend the following appear as notes on the plat:
1. Water service may be obtained from Little Thompson Water District.
2. 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.
3. 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.
4. 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.
5. 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.
Health Administration
Vital Records
Icic: W/0 304 6410
Fax: 9/0-30.1-64I2
Public Health &
Clinical Services
lobo: 9/0 :304 6420
Fax: 9/0-304-64 16
Environmental Health
Services
Tele: 970-304-6415
Fux: 970-304-6411
Communication,
Education & Planning
Tele: 970-304-6470
Fox: 970-304-6452
Emergency Preparedness
& Response
Tele: 970-304-6470
Fax: 970-304-6462
Public Health
Submit by Email
Weld County Referral
February 24, 2021
The Weld County Department of Planning Services has received the following item for review:
Applicant: Gerrard Investments, LLC Case Number: COZ21-0002
Please Reply 13y: March 24, 2021 Planner: Angela Snyder
Project: Change of Zone from the A (Agricultural) Zone District to the I-3 (Heavy Industrial) Zone District
Parcel Number: 095718300047-R3853805
Legal: LOT B REC EXEMPT RE -4033, PART SW4 SECTION 18, T5N, R67W of the 6th P.M., Weld County,
Colorado.
Location: East of and adjacent to County Road 13, north of and adjacent to County Road 56.
The application is submitted to you for review and recommendation. Any comments or
recommendation you consider relevant to this request would be appreciated. Please reply by the
above listed date so that we may give full consideration to your recommendation. Any response
not received before or on this date may be deemed to be a positive response to the Department of
Planning Services. If you have any further questions regarding the application, please call the
Planner associated with the request. Please note that new information may be added to
applications under review during the review process. If you desire to examine or obtain this
additional information, please call the Department of Planning Services.
We have reviewed the request and find that it does / does not comply with our
Comprehensive Plan because:
We have reviewed the request and find no conflicts with our interests.
See attached letter.
Signature i� Date O'3 -O)-
Agency F2.O►JC7C
Weld County Planning Dept. 1555 N. 17th Ave, Greeley, CO 80631 (970)-440-6100 (970)-304-6498 fax
Applicant:
Project:
Location:
Application Date:
Comment Date:
Comments By:
FRONT RANGE FIRE RESCUE
PO Box 130, Milliken, CO 80543
970-587-4464 / Fax: 970-587-0324
Courage * Compassion * Professionalism
Serving Johnstown, Milliken, and Weld County for more than 100 years
FIRE DISTRICT REVIEW COMMENTS
Gerrard Investments, LLC
COZ21-0002
27154 Weld County Road 13, Johnstown
02/24/2021
03/05/2021
Tyler Drage, Deputy Fire Chief/Fire Marshal
These comments pertain to an application for a change of zoning for Weld County Parcel #
0957-18-3-00-047, a parcel of approximately 37 acres addressed at 27154 Weld County
Road 13. The property is currently zoned agricultural and the application seeks to change
the zoning classification to 1-3. The property is being used as the headquarters and
operations center for Gerrard Excavating, Inc. The property is within FRFR jurisdiction.
Information about this application was provided to Front Range Fire Rescue (FRFR) by
Weld County for review and comment, pursuant to the 2018 International Fire Code (IFC).
FIRE CODE REVIEW COMMENTS
This property is not currently being used for agricultural purposes, and it does appear
reasonable that its use will ever return to an agricultural basis. Current land uses in the
immediate area of this subject property are primarily industrial in nature. There is a
tremendous volume of commercial/industrial development to the west and north of this
property. In acknowledgement of the permitted uses on this property and to encourage and
promote future commercial growth in the area, it makes sense to change zoning to 1-3.
Any proposed future commercial and/or industrial development shall be submitted to the
fire district for review and approval by the fire district prior to such development
occurring, so that appropriate access and water supply are provided for fire and life safety.
FRFR Comments: 27154 WCR 13 (CO221-0002)
State of Colorado Fire Inspector 111/Plans Examiner cert 8 136302270
State of Colorado Fire Suppression Plans Examiner cert rY 186706560
Page 1
From: Kim Meyer
To: Angela Snyder
Cc: Tom Parko Jr.; Matt LeCerf
Subject: COZ21-0002 Gerrard Rezone to I-3
Date: Monday, April 12, 2021 4:54:14 PM
Attachments: image001.Dna
Resolution No. 2020-13 - Opposing Rock & Rail, LLC"s Application.pdf
Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless
you recognize the sender and know the content is safe.
Ms. Snyder,
The Town of Johnstown would like to acknowledge appropriate receipt of the referral from the
County related to this proposed change of zone project.
As with the 2020 rezoning in this immediate area to 1-3, this change of zone site is within the Town's
Growth Management Area, and the zoning to 1-3 does not conform to the intended residential and
low intensity uses that Johnstown foresaw in this area with the approved Johnstown Area
Comprehensive Plan Land Use Framework Plan. The Town felt it appropriate to at least ensure that
the Town's considerable concerns expressed in Resolution 2020-13 (see attached), in response to
the prior COZ20-0004 Change of Zone case, remain valid in regard to this current case, and we
oppose this change of zone to this most intense zone designation.
Sincerely,
Kim
Kim Meyer, AICP, MBA Planning & Development Director
Town of Johnstown
p: 970.587.4664
kmeyer@)townofjohnstown.com
Facebook I Twitter I TownofJohnstown.com
450 S Parish Ave. PO Box 609 Johnstown, CO 80534
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TOWN OF JOHNSTOWN, COLORADO
RESOLUTION NO. 2020-13
OPPOSING ROCK & RAIL, LLC'S APPLICATION FOR A CHANGE OF
ZONE (WELD COUNTY CASE NO. COZ20-004)
WHEREAS, after multiple efforts to obtain the right to use the subject property for
substantial industrial uses that are wholly incompatible with existing and anticipated land use in
the surrounding area, Rock & Rail, LLC, a Colorado limited liability company and/or Gerrard
Investments, LLC, a Colorado limited liability company, submitted an application for a change
of zone from A (Agriculture) to I-3 (Heavy Industrial) for a 133 -acre tract of land located at
27486 CR 13 & 6433 County Road 56, known by legal description as Lot B of RE -2803 & PPT
SW4, County of Weld of Weld, State of Colorado, and located approximately % mile south of
U.S. Highway 34 on Weld County Road 13 and east of Weld County Road 56 ("Property"),
designated as Weld County Case No. COZ20-004 ("Application"); and
WHEREAS, being in close proximity to and within three miles of the boundaries of the
Town of Johnstown ("Town"), Weld County referred the Application to the Town for review and
recommendation; and
WHEREAS, the Town has adopted the "Johnstown Area Comprehensive Plan," a copy of
which may be viewed at www.townofjohnstown.corn./DocumentCenter/Home/View/192
("Comprehensive Plan"), illustrating the Town's anticipated land uses within the Town's
boundaries and within the Town's Growth Management Area; and
WHEREAS, the Property is within the Growth Management Area contemplated in the
Comprehensive Plan, an area into which urban development and annexation is anticipated to
occur in the future; and
WHEREAS, as set forth in the Comprehensive Plan, the Town anticipates the
development of low -density, single-family residential homes in the area surrounding the
Property; and
WHEREAS, in addition to the Town's contemplated residential development, the
proposed facility abuts the existing Indianhead residential subdivision; and
WHEREAS, the heavy industrial uses permitted in an I-3 zone, including, but not limited
to, operation of an asphalt plant, cement batch plant, aggregate processing facility, asphalt
storage, cement storage and fuel storage, are wholly inconsistent with residential development
and with the Town's Comprehensive Plan; and
WHEREAS, heavy industrial uses on the Property, along with increased truck traffic,
negatively impact existing and future residential development by exposing residents to
continuous industrial operations, forcing them to coexist with large, otherwise unplanned,
industrial development and creating potential losses of property value, quiet enjoyment and
quality of life; and
WHEREAS, on a broader scale, the Town envisions growth along the U.S. Highway 34
corridor to include commercial, residential and mixed use development, consistent and
harmonious with the current development; and
WHEREAS, an I-3 zone is not only inconsistent with the Town's vision of the growth
along the U.S. Highway 34, but has considerable potential to lead to an expanded and unplanned
heavy industrial presence along the U.S. Highway 34 corridor and is, simply put, misplaced in
that location; and
WHEREAS, even if certain industrial uses were compatible in the area, an I-3 zone, the
most significant and impactful of all the industrial zones, is far too intense and far beyond the
type of use the Town desires near its municipal boundary; and
WHEREAS, after careful review and consideration, the Town finds that a change of zone
of the Property from A (Agriculture) to I-3 (Heavy Industrial) would create undesirable,
offensive and harmful consequences, inconsistent with the Town's long-range planning and
inconsistent with the best growth and development along the U.S. Highway 34 corridor.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF JOHNSTOWN, COLORADO, THAT:
1. The Town Council strongly opposes Rock & Rail, LLC's application for change
of zone of the Property from A (Agriculture) to I-3 (Heavy Industrial).
2. The Town Council respectfully requests that the Weld County Board of County
Commissioners deny Rock & Rail, LLC's application, designated as Weld County Case No.
COZ20-004.
PA. SIGNED, APPROVED, AND ADOPTED this t i day of May, 2020.
Y Or,
TTEST:
614_,Parrdt eel e, Town Clerk
TOWN OF JOHNSTOWN, COLORADO
By:
Gary Lcbsayor
TOWN OF
WINDSOR
PLANNING
May 12, 2020
Ms. Angela Snyder, Planner I
Weld County Planning of Planning Services
1555 N. 17th Avenue
Greeley, CO 80631
Sent via email: asnyder aaweldgov.com
Subject: Application Referral for Change of Zone (COZ20-0004) — Rock and Rail
Dear Ms. Snyder
The proposed development is located outside of the Town's Growth Management Area
(GMA) and Community Influence Area (CIA). However, the property is located within a
sensitive location with various competing interests.
In 2008, the Town of Windsor and City of Greeley entered into an amended
intergovernmental agreement (IGA), that identified a defined Cooperative Planning, Land
Use and Utility Area (CLUA) as a means to attempt to identify and support a land use
pattern for the US Highway 34 corridor that would be consistent with the jurisdictions'
visions and infrastructure planned and existing in the area. The CLUA outlines permitted
uses and site design characteristics within the Principal Employment Corridor and
Secondary Corridor Area. The property is located within this Secondary Corridor Area.
The proposed zoning of 1-3 (Heavy Industrial) is incompatible with this particular vision
that the Town of Windsor and City of Greeley have developed for this area. Additionally,
many of uses permitted under the proposed heavy industrial zone district are incompatible
with the surrounding area uses, which includes a residential neighborhood in close
proximity to the site.
We urge careful consideration for the proposed uses and its regional impact, particularly
concerning future land use patterns for the area and along Highway 34. You are aware
of the decades of discussion about preserving the unique identities of the Northern
Colorado communities, with community buffers that allow cities and towns to maintain their
character and thereby contributing to a larger regional economy. With the proposed scale
and location, this proposal may frustrate that vision, or at least contribute to the beginnings
of a land use pattern with significant impacts to the gateway into the City of Greeley and
Town of Windsor.
301 Walnut Street Office: 970-674-2400
Windsor, CO 80550 Fax: 970-674-2456
www.windsorgov.com
As currently presented with the limited information regarding potential land uses provided
in the application materials, the Town of Windsor Planning Commission recommends
Weld County deny the Change of Zone application COZ20-0004 until further information is
presented, including proposed area and type of potential future land uses.
If the Change of Zone application moves forward without further opportunity to comment,
the Town requests that future site plan applications be referred to the Town to review for
compliance with the Common Development Standards as adopted in Section 19-6-90 of
the Weld County Code including screening, lighting and other adopted standards.
Thank you for the opportunity to review the referral for the subject property.
Sincerely,
Carlin Malone, AICP, Chief Planner
cmalone(a�windsorgov.com
copy: Town of Windsor Planning Commission
City of Greeley Planning Department
Windsor Planning
301 Walnut Street Office: 970-674-2400
Windsor, CO 80550 Fax: 970-674-2456
www.windsorgov.com
I.i, '1
From: Carlin Malone
To: Angela Snyder; Tom Parko Jr.
Cc: Scott Ballstadt; Kimberly Lambrecht
Subject: RE: PRE21-OOO5
Date: Wednesday, February 17, 2021 11:55:38 AM
Attachments: COZ20-0004 TOW referral response.pdf
Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless
you recognize the sender and know the content is safe.
Tom and Angela,
Thank you for the opportunity to review the proposed pre -application information. The Town of
Windsor's response is below.
The request will be to rezone from Agriculture zoning to 1-3 (Heavy Industrial). The Town of Windsor
recognizes that the purpose for the requested zone change is to eliminate a non -conformity (an
existing business no longer a permitted use within the property's existing AG zone district). Windsor
requests that, with the future change of zone request, that County consider limiting the 1-3 uses to
those that would be compatible with the existing business and its future operations, restricting those
uses that would be incompatible with the surrounding neighborhood and future vision for the Hwy
34 Corridor. The nonconforming use was created after the surrounding uses were already in
existence and should not be used as justification to expand incompatible land uses.
Without proposed uses within the proposed industrial district, the Town of Windsor maintains the
position stated in the attached referral response letter from May 12, 2020, for COZ20-0004.
Sincerely,
Carlin Malone, AICP
Chief Planner
Dir: 970-674-2412 Mobile: 970-388-5036
www.windsorgov.com
From: Angela Snyder <asnyder@weldgov.com>
Sent: Tuesday, January 26, 2021 2:04 PM
To: Scott Ballstadt <sballstadt@windsorgov.com>; Tom Parko Jr. <tparko@weldgov.com>
Cc: Carlin Malone <cmalone@windsorgov.com>
Subject: RE: PRE21-0005
Scott,
The applicant has not proposed any expansion of the uses at this time.
The impetus for the change of zone is that the use of the property for a construction business is not
longer allowed in the A Zone District, so his current use of the property has become non -conforming
and cannot be amended without a change of zone.
I hope this sheds some light on the proposal.
Kind Regards,
Angela
Angela Snyder, CFM
Planner II
1555 N 17th Ave
Greeley, CO 80631
asnyderPweldgov.corn
(970) 400-3525
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the
person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected
from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and
destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this
communication or any attachments by anyone other than the named recipient is strictly prohibited.
From: Scott Ballstadt <sballstadt@windsorgov.com>
Sent: Tuesday, January 26, 2021 1:38 PM
To: Tom Parko Jr. <tparko@weldgov.com>
Cc: Carlin Malone <cmalone@windsorgov.com>; Angela Snyder <asnyder@weldgov.com>
Subject: RE: PRE21-0005
Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless
you recognize the sender and know the content is safe.
Thanks Tom and Angela,
Staff is reviewing this referral, however, it appears that all of the proposed uses are still, "To be
determined at a later date." Since it appears to be the same as previous, can you say if there are
changes which we may be missing? Will the county recommendation require more (any)
information or proposed uses on which to base the rezoning?
Thanks for any clarification you can provide. Scott
Scott Ballstadt, AICP
Director
Town of Windsor Planning
Dir: 970-674-2411
From: Tom Parko Jr. <tparko@weldgov.com>
Sent: Thursday, January 21, 2021 4:25 PM
To: Scott Ballstadt <sballstadt@windsorgov.com>
Cc: Carlin Malone <cmalone@windsorgov.com>; Angela Snyder <asnyder@weldgov.com>
Subject: FW: PRE21-0005
Scott,
Good afternoon. Attached is a pre application for a project located in the Windsor CPA. As always,
call or email us with any questions.
Sincerely,
Tom Parko
Director, Dept. of Planning Services
Weld County
970-400-3572
From: Angela Snyder <asnyder@weldgov.com>
Sent: Thursday, January 21, 2021 10:56 AM
To: Tom Parko Jr. <tparko@weldgov.com>
Subject: PRE21-0005
Tom,
I held a preapplication meeting with Nathan Gerrard regarding a change of zone to 1-3 to his
property at 27154 County Road 13, which is in the IGA areas of Johnstown and Windsor. This
property currently has a USR for a construction business.
Regards,
Angela
Angela Snyder, CFM
Planner II
1555 N 17th Ave
Greeley, CO 80631
asnyderPweldgov.corn
(970) 400-3525
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the
person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected
from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and
destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this
communication or any attachments by anyone other than the named recipient is strictly prohibited.
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