HomeMy WebLinkAbout20211198.tiffPlanner:
CHANGE OF ZONE
STAFF COMMENTS
Michael Hall
Case Number: COZ21-0001
Owner: Harley D. Troyer and Patricia S. Troyer
10910 County Road 28, Fort Lupton, CO 80621
Hearing Date: April 20, 2021
Representative: Western Engineering Consultants, inc. LLC do Chadwin Cox
127 South Denver Avenue, Fort Lupton, CO 80621
Request: Change of Zone from the A (Agricultural) Zone District to the 1-3 (Heavy Industrial) Zone
District
Part of the N2SE4 of Section 7, T2N, R66W of the 61h P.M., Weld County, Colorado
South of and adjacent to County Road 22.5; east of and adjacent to County Road 25.5;
west of and adjacent to US Highway 85
Legal
Description:
Location:
Parcel Size:
+1- 17.5 acres Parcel No. 1309-07-4-00-033
The criteria for review of this Change of Zone is listed in Section 23-2-30 of the Weld County Code.
The Department of Planning Services' staff has received referral responses with comments from the
following agencies:
• City of Fort Lupton, referral dated March 16, 2021
• Colorado Division of Water Resources, referral dated January 26, 2021
• Weld County Department of Public Works, referral dated January 26, 2021
• Weld County Oil and Gas Energy Department, referral dated February 4, 2021
• Weld County Department of Public Health and Environment, referral dated February 5, 2021
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
• Weld County Zoning Compliance, referral dated January 22, 2021
• Weld County School District RE -8, referral dated January 28, 2021
• Platteville-Gilcrest Fire Protection District, referral dated January 26, 2021
The Department of Planning Services' staff has not received responses from the following agencies:
• Town of Platteville
• Union Pacific Railroad
• Weld County Assessor's Office
• Platte Valley Conservation District
• Colorado Department of Transportation
• Platteville Irrigating and Milling Company
• Farmers Reservoir and Irrigation Company
Weld County Office of Emergency Management
COZ21-0001 - Troyer
Page 1 of 7
CASE SUMMARY:
The subject Change of Zone seeks to rezone a parcel of land from the A (Agricultural) Zone District to the
1-3 (Heavy Industrial) Zone District. This parcel is adjacent to US Highway 85 and is located within the Weld
County Opportunity Zone, as defined in the 2020 Weld County Comprehensive Plan, being areas conducive
for a Change of Zone request. An existing commercial business operates on the subject site, for an auction
yard, limited to the sale of hay and agricultural equipment consignment twice per year. This business is
currently permitted by Use by Special Review Permit USR-1564, recorded January 9, 2008, reception #
3528104.
Following Ordinance 2019-02, effective July 25, 2019, USRs for general commercial or industrial uses in
the Agricultural Zone District are no longer permittable or amendable unless expressly called -out in Section
23-3-40 of the Weld County Code. This facility is not such classified. The property owner seeks to expand
the auction facility and type of items to be sold on site, which requires the subject Change of Zone COZ21-
0001 and an associated pending Site Plan Review SPR21-0003 application, as an auction facility is
comprised of use by right activities in the 1-3 (Heavy Industrial) Zone District. If the Change of Zone and
Site Plan Review are approved, USR-1564 will be completely vacated as a condition of approval of SPR21-
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 22-4-10.A.1, being the Comprehensive Plan Map section, refers to one of the two main
components for siting preference of rezonings and subdivisions. Specifically, that areas of
opportunity for commercial and industrial development are logically developed based on
transportation infrastructure of roads and railroads.
The abutting proximity of this site to US Highway 85 allows for the convenient and efficient
regional transportation of goods and services that may be produced or received from a potential
business on this property. By rezoning the property to 1-3 (Heavy Industrial), a larger variety of
anticipated future uses may benefit from the nearby Highway.
Section 22-4-10.B.1, 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 mile of US highways.
This property is located within the one-half mile buffer surrounding US Highway 85; therefore,
is classified as being located within a Weld County Opportunity Zone. As such, the County
supports a zone change in this area, assuming compliance with all other applicable Change of
Zone requirements of the Weld County Code.
B. 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 surrounding lands area are a mix of agricultural, rural residential and industrial uses. The
surrounding lands are zoned A (Agricultural). The next closest, unincorporated, non -
agriculturally zoned properties are approximately 1.3 miles south of the site, located east of
and adjacent to US Highway 85 and are zoned 1-3 (Heavy Industrial). There are several Use
by Special Review permits in the immediate area including USR-1591 (outdoor storage facility),
USR-911 (tractor and farm implement sales), SUP -281 (compressor station), MUSR11-0002
(truck parking and maintenance facility) and USR13-0027 (utility, excavation company and
COZ21-0001 - Troyer
Page 2 of 7
storage yard). This Change of Zone to 1-3 and the uses permittable in that Zone District will be
compatible with the surrounding land uses.
The Department of Planning Services sent notice to ten (10) surrounding property owners
within 500 -feet of the subject parcel. No responses were received back.
The subject site is located within Weld County and City of Fort Lupton Coordinated Planning
Agreement (CPA) boundary. The Fort Lupton referral, dated March 16, 2021, does not support
the proposed Change of Zone to the 1-3 (Heavy Industrial) Zone District, as this area is
designated as "Commercial Transition" on the Fort Lupton Comprehensive Plan Future Land
Use Map. For reference, Fort Lupton has annexed and zoned a nearby parcel to C-2 (Heavy
Commercial), located approximately 0.15 miles north of the subject site, which was previously
permitted by Weld County as a mineral resource development facility (storage yard) via
USR12-0019.
However, future land use permitting on the subject site, whether by Site Plan Review or Use
by Special Review will require uses to conform to appropriate Design and Operations
Standards and will include a landscaping and screening component, to ensure compatibility
with the US Highway 85 corridor and surrounding land uses.
C. 23-2-30.A.3. — That adequate water and sewer service can be made available to the site to
serve the uses permitted within the proposed zone district.
The COZ application materials included a copy of a non-exempt commercial water well permit
application, which was submitted to the Colorado Division of Water Resources (DWR) on
January 20, 2021. Per the DWR referral dated January 26, 2021, this application is pending
review. If approved, the commercial well would provide adequate water service to a wide variety
of potential uses in the 1-3 Zone District. Additionally, the DWR referral states that there is an
existing irrigation well on the property, permit number 4490-R. This well cannot be used at this
time, unless the well is covered under a court approved augmentation plan or State Engineer
approved substitute water supply plan.
The COZ application materials included a preliminary subsurface exploration report, dated
January 19, 2021. This report contained considerations for future on -site wastewater treatment
systems. (OWTS). There is no current permanent septic disposal method on -site.
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 property contains two (2) unpermitted access locations on to County Road 251/A, classified
as a local roadway on the Weld County Functional Classification Map. Access permits shall be
obtained. Additionally, this site is adjacent to US Highway 85, which is a positive factor to many
potential commercial and industrial users of this site. The Colorado Department of
Transportation (CDOT) did not respond to this referral request, but future coordination between
the property owner and CDOT is encouraged as the County Road 22 1/2 and US Highway 85
intersection may be impacted by the US 85 PEL (Planning and Environmental Linkage Study)
and associated ACP (Access Control Plan). Specifically, this intersection has been identified
to be closed in the future, in conjunction with proposed interchange improvements to the
County Road 22 and US Highway 85 intersection, located one-half (1/2) mile to the south.
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 (COZ) is not located within the
Airport, 1-25, Historic Townsite, or Geological Hazard Overlay Districts and is not located
within a Special Flood Hazard Area. No additional compliance with Overlay Districts must
be demonstrated.
COZ21-0001 - Troyer
Page 3 of 7
2) Section 23-2-30.A.5.b. — The proposed Change of Zone does not interfere with the present
or future extraction of mineral resources, more so than the existing zoning. The preliminary
subsurface exploration report, dated January 19, 2021, as submitted in the application
materials, identifies that the mineral resources under the subject property may contain
aggregate resources, specifically gravel deposits along stream terraces. However, open
mining and the processing of materials is permitted via a Use by Special Review permit in
both the existing A (Agricultural) Zone District and the proposed 1-3 (Heavy Industrial) Zone
District. As a result, extraction of such minerals is not impeded with respect to permitting if
the Change of Zone is approved. Additionally, the proposed use of this site as detailed in
SPR21-0003, does not include structures which would preclude mining.
3) Section 23-2-30.A.5.c. — The overall use on the subject property will not change with the
approval of this Change of Zone, as a pending Site Plan Review seeks to simply expand
the existing auction facility. The USDA Natural Resources Conservation Service (NRCS)
Custom Soil Report, dated December 1, 2020, as submitted in the application materials,
describes the property containing low -slope Altvan loam soils that do not inhibit or preclude
potential on -site construction. This soil type is classified as "Not prime farmland" and is
considered well -drained soil. Additionally, the preliminary subsurface exploration report did
not describe any moderate or severe soil limitations that would preclude 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 FROM THE A (AGRICULTURAL) ZONE DISTRICT TO THE 1-3 (HEAVY
INDUSTRIAL) ZONE DISTRICT IS CONDITIONAL UPON THE FOLLOWING:
1. Prior to recording the plat:
A. The applicant shall acknowledge the referral comments from the Colorado Division of Water
Resources, as stated in the referral response dated January 26, 2021. Evidence of such shall
be submitted in writing to the Weld County Department of Planning Services. (Department of
Planning Services)
B. The applicant shall attempt to address the recommendations from the Weld County Oil and
Gas Energy Department, as stated in the referral response dated February 4, 2021. Evidence
of such shall be submitted in writing to the Weld County Department of Planning Services.
(Department of Planning Services)
2. The Change of Zone plat shall delineate the following:
A. All sheets of the plat shall be labeled COZ21-0001. (Department of Planning Services)
B. The plat shall adhere to Section 23-2-50.D. of the Weld County Code. (Department of Planning
Services)
C. All recorded easements and rights -of -way shall be delineated on the plat by book and page
number or reception number. (Department of Planning Services)
D. Show and label the County Road 22 1/2 and US Highway 85 intersection in accordance with the
US 85 PEL (Planning and Environmental Linkage Study). (Department of Planning Services)
E. County Road 22 1/2 is a gravel 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 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 or
reserved per Weld County Code. 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
COZ21-0001 - Troyer
Page 4 of 7
County. It is noted that CR 22 1/2 west of the intersection with CR 25 1/2 is existing maintained
right-of-way with no documentation. The right-of-way east of the intersection of CR 25 1/2 should
be researched to determine its existence. (Department of Public Works)
F. County Road 25 1/2 is a gravel 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 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 or
reserved per Weld County Code. 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. It is noted that north of CR 22 1/2 intersection, CR 25 1/2 is unmaintained petition right-
of-way. (Department of Public Works)
G. Show the Colorado Department of Transportation (CDOT) right-of-way on the plat along with
the documents creating the right-of-way. (Department of Public Works)
H. Show the approved Colorado Department of Transportation (CDOT) access point on the plat
and label with the approved access permit number if applicable. (Department of Public Works)
I. Show and label the existing access point and the usage type(s) (Agricultural, Residential,
Commercial/Industrial, or Oil and Gas). Public Works will review access locations as a part of
the plat submittal. (Department of Public Works)
J. Show and label a 30 -ft. minimum access and utility easement to provide legal access to the
parcel on the plat. (Department of Public Works)
3. The following notes shall be delineated on the Change of Zone plat:
1) Change of Zone, COZ21-0001, allows for 1-3 (Heavy Industrial) Zone District uses which shall
comply with the requirements set forth in Chapter 23, Article III, Division 4 of the Weld County
Code, as amended. (Department of Planning Services)
2) Any future structures or uses on site may be required to obtain approval through a Site Plan
Review or Use by Special Review and the appropriate zoning and building permits.
(Department of Planning Services)
3) The operation shall comply with all applicable rules and regulations of the State and Federal
agencies and the Weld County Code. (Department of Planning Services)
4) 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)
5) If the access will be utilizing unmaintained County right-of-way, maintenance of the
unmaintained County right-of-way will not be the responsibility of Weld County. (Department of
Public Works)
6) 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)
7) 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)
COZ21-0001 - Troyer
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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) 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)
10) 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)
11) The historical flow patterns and runoff amounts will be maintained on the site. (Department of
Public Works)
12) Water service may be obtained from an appropriately permitted well. (Department of Public
Health and Environment)
13) The parcel is currently not served by a municipal sanitary sewer system. Sewage disposal may
be by an on -site wastewater treatment system 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)
14) 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)
15) 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)
16) 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)
17) 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)
18) 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)
19) 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.
COZ21-0001 - Troyer
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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.
4. 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. 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.
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 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. 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.
7. 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 of the Board of
County Commissioners Resolution, a $50.00 recording continuance charge shall be added for each
additional 3 -month period.
COZ21-0001 - Troyer
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March 22, 2021
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.weldgov.com
E-MAIL: mhall@weldgov.com
PHONE: (970) 400-3528
FAX: (970) 304-6498
COX CHADWIN
127 SOUTH DENVER AVENUE
FORT LUPTON, CO 80621
Subject: COZ21-0001 - Change of Zone from the A (Agricultural) Zone District to the 1-3 (Heavy
Industrial) Zone District
On parcel(s) of land described as:
PART N2SE4 SECTION 7, T2N, R66W of the 6th P.M., Weld County, Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on April 20, 2021 at 12:30
p.m. A subsequent hearing with the Board of County Commissioners will be held on May 12, 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
'ctfu I ly,
/-Michael Hall
Planner
Hello