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LAND USE APPLICATION
SUMMARY SHEET
Maxwell Nader Hearing Date: October 5, 2021
COZ21-0003
Circle B Land Company LLC
JSB Interests, LLLP c/o Andy Gerk, 3780 West 10Ih Street, Unit 200
Greeley, CO 80634
Change of Zone from the A (Agricultural) Zone District to the C-3 (Business
Commercial) Zone District.
Lot C of Recorded Exemption RECX13-0066; being part of SE4 of Section
15, T6N, R66W of the 6th P.M., Weld County, CO
North of and adjacent to Highway 392; west of and adjacent to County
Road 33
+/- 5.5 acres Parcel #.
0805-15-4-00-003
POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS
The Department of Planning Services' staff has received referral responses with comments from
the following agencies:
New Cache La Poudre Irrigating Co, referral dated August 3, 2021
West Greeley Conservation District, referral dated August 10, 2021
Weld County Department of Public Works, referral dated August 3, 2021
Weld County Department of Public Health and Environment, referral dated August 5, 2021
The Department of Planning Services' staff has received referral responses without comments
from the following agencies:
Y City of Greeley, referral dated August 4, 2021
Y Colorado Department of Transportation, August 16, 2021
Y Weld County Zoning Compliance, referral dated July 29, 2021
The Department of Planning Services' staff has not received responses from the following
agencies:
Y Town of Eaton
Y Eaton Fire Protection District
Y North Weld County Water District
COZ21-0003
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 also a Site Plan Review,
SPR21-0008, being processed in conjunction with this application and is pending the approval
and recording of COZ21-0003.
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.A. — states "Commit to the economic future of agriculture."
The proposed Change of Zone will not be taking any agricultural land out of use. The
property was already divided from the original farm through a Recorded Exemption
process (RECX13-0066), recorded August 27, 2013 via reception number 3959348.
Additionally, the property was already utilized for an oil and gas field office and garage
through a Use by Special Review Permit (USR14-0002), recorded June 12, 2014 via
reception number 4023036. This business has closed, and the property is for sale.
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 City of Greeley and Town
of Eaton. Both municipalities had no concerns with the request. The proposed Change of
Zone is located just outside of Greeley's Long Range Expected Growth Area per Imagine
Greeley document prepared on May 16, 2017. Although the subject property is located
outside of Greeley's Long Range Expected Growth Area the area within the Expected
Growth Area of Greeley is designated as I -L (Industrial Low Intensity) and I -M (Industrial
Medium Intensity) which are both more intense designations than the proposed zoning of
C-3 (Business Commercial). Town of Eaton had no additional comments
Section 22-2-30.C.1 — states "Transition between land use types and intensities with
buffers. Uses that are incompatible with existing uses must be able to mitigate conflicts."
The proposed Change of Zone is located on a property that was already being utilized
for a commercial purpose that went through a Use by Special Review Permit in the A
(Agricultural) Zone District. Through that permitting process there were many mitigation
practices put into place for buffering, screening and lighting. These same practices will
be in place for any use that will be permitted via a Site Plan Review on the newly
created zoning. The USR is considered by many to be temporary whereas the Change
of Zone is more permanent and allows a greater flexibility of users and uses.
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 State Highway 392 which is appropriate transportation infrastructure for
commercially zoned properties.
COZ21-0003
Page 2 of 6
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 currently permitted via USR14-0002 for what was an Oil and Gas Support
and Service Site. The proposed Change of Zone and use following the Change of Zone
will not expand the existing footprint of the building and property, therefore not making it
any more intense for the area.
As stated previously the lands to the south are designated as I -L (Industrial Low
Intensity) and I -M (Industrial Medium Intensity) in the Greeley's Long Range Expected
Growth Area therefore the proposed Change of Zone will be similar or less intense than
uses allowed in the lands to the south.
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 North Weld County Water District (NWCWD). NWCWD did
not return a referral, therefore staff has considered this as not having any concerns with
the proposal. An on -site wastewater treatment systems (OWTS) is permitted on site (SP -
1400093) and is sized for twenty-five (25) people. The Weld County Department of Public
Health and Environment did not have any concerns in their referral dated August 5, 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 33. Colorado Department of
Transportation (CDOT) in their referral dated August 16, 2021 stated they had no
concerns due to the impact and traffic numbers being similar to the existing use. Per the
Engineering referral dated August 3, 2021 there is an existing commercial access permit
(AP14-00053) that will suffice for this Change of Zone request.
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 included an existing
subsurface use agreement. This agreement details limitations that the applicant has
already agreed to. Additionally, during the Site Plan Review and previous 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 prepared by Earth Engineering
Consultants, LLC dated November 12, 2013 indicates sandy lean clay at what was
the proposed build site. There were not any concerns with the development of the
site at the time. The proposed change of zone will not require any additional
development of the existing site.
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.
COZ21-0003
Page 3 of 6
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. There is a Use by Special Review Permit USR14-0002, Reception # 4023036, for an Oil
and Gas Support and Service Facility (Storage area for oil and gas production control
units and other well site related equipment, parking for employee vehicles and
commercial trucks, and 13,600 square foot field operations building) in the A
(Agricultural) Zone District. This USR encompasses the entire subject property. The
applicant shall address the continued operation of USR14-0002. The applicant shall have
a complete vacation completed prior to recording the Change of Zone map.
B. The plat shall be amended to delineate the following:
1. All pages of the plat shall be labeled COZ21-0003. (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 33 is a paved road and is designated on the Weld County Functional
Classification Map (Code Ordinance 2017-01) as a collector road, which requires 80
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. Show the Colorado Department of Transportation (C DOT) right-of-way on the plat
along with the documents creating the right-of-way for State Highway 392.
(Department of Public Works)
6. Show and label the existing permitted access point and the usage type (Commercial).
(Department of Public Works)
2. The following notes shall be delineated on the Change of Zone plat:
1. The Change of Zone allows for C-3 (Business Commercial) uses which shall comply with
the requirements set forth in Article III, Division 3 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 North 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
accordance with the regulations of the Colorado Department of Public Health and
COZ21-0003
Page 4 of 6
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. (Department of
Public Works)
7. 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)
8. 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)
9. 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)
10. The historical flow patterns and runoff amounts will be maintained on the site.
(Department of Public Works)
11. 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)
12. 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)
13. 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.
2. 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
COZ21-0003
Page 5 of 6
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.
3. 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.
4. 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.
COZ21-0003
Page 6 of 6
September 10, 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
GERK ANDREW
3780 W 10th St Unit #200
GREELEY, CO 80634
Subject: COZ21-0003 - 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 C REC EXEMPT RECX13-0066; PART SE4 SECTION 15, T6N, R66W of the 6th P.M., Weld County,
Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on October 5, 2021 at 12:30
p.m. A subsequent hearing with the Board of County Commissioners will be held on October 27, 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
Respectfully,
/;_ /
Maxwell Nader
Planner
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