HomeMy WebLinkAbout20211285.tiffLAND USE APPLICATION
STAFF COMMENTS
Planner: Angela Snyder Hearing Date: April 20, 2021
Case Number: COZ21-0002
Owner: Gerrard Investments, LLC, c/o Nathan Gerrard
Representative: Gerrard Investments, LLC, c/o Tom Donkle
Site Address: 27154 County Road 13, Johnstown, CO 80534
Request: Change of Zone from the A (Agricultural) Zone District to the 1-3 (Heavy Industrial)
Zone District
Legal Lot B of Recorded Exemption RE -4033, being a part of the SW4 of Section 18,
Description: Township 5 North, Range 67 West of the 6th P.M., Weld County, Colorado
Location: East of and adjacent to County Rd 13, north of and adjacent to County Rd 56
Acres: ± 39.4 acres Parcel #: 0957-18-3-00-047
POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS
The Department of Planning Services' staff has received responses from the following agencies:
With Comment:
• Town of Windsor, referral dated February 17, 2021
• Front Range Fire Protection District, referral dated March 5, 2021
• Weld County Department of Public Works, referral dated March 1, 2021
• Weld County Department of Public Health and Environment, referral dated March 5, 2021
• Hill and Brush and Reorganized Farmers Ditch Companies, referral dated March 17, 2021
Without Comment:
• City of Greeley, referral dated March 4, 2021
• Town of Milliken, referral dated March 8, 2021
• City of Loveland, referral dated March 9, 2021
• Larimer County, referral dated March 10, 2021
• Town of Johnstown, referral dated April 12, 2021
• Weld County Sheriff's Office, referral dated March 1, 2021
• Colorado Geological Survey, referral dated March 23, 2021
• Little Thompson Water District, referral dated March 4, 2021
• Weld County Zoning Compliance, referral dated February 24, 2021
The Department of Planning Services' staff has not received responses from:
• History Colorado
• Weld County Assessor
• Weld County Building Inspection
• Weld County School District RE -5J
• Colorado Department of Transportation
COZ21-0002
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Narrative
The property owner has requested a Change of Zone on a property zoned A (Agricultural) to 1-3
(Heavy Industrial). Potential uses for 1-3 zoned properties can be found in Section 23-3-330 of the
Weld County Code, including the current use of the property for construction, as a use for research,
repairing, manufacturing, fabricating, assembling, processing, or storage nature. (Section 23-
3-330.C.4). The construction operation operating onsite was originally permitted by Use by Special
Review Permit USR15-0075. The Use by Special Review Permit is only valid in the A (Agricultural)
Zone District and will be invalidated upon approval of a Change of Zone. Submittal of a Site Plan
Review is required as a condition of recording the Change of Zone plat. The USR15-0075 shall be
vacated upon approval of the Site Plan.
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.
All necessary application materials were found to be complete on February 24, 2021.
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 22-2-801. Goal 1. Promote the location of industrial uses within municipalities, County
Urban Growth Boundary areas, Intergovernmental Agreement urban growth areas, growth
management areas as defined in municipalities' comprehensive plans, the Regional
Urbanization Areas, Urban Development Nodes, along railroad infrastructure or where
adequate services are currently available or reasonably obtainable.
The site is located within a Weld County Opportunity Zone on the Comprehensive Plan Map.
The site is located within the Growth Management Area (GMA) of the Town of Johnstown
[PC Exhibit 77] and within the following Coordinated Planning Agreement (CPA) areas:
Johnstown and Windsor. The proposed Change of Zone is also located within Greeley's
three-mile referral area. The subject site is adjacent to railroad infrastructure; an arterial road
listed on the County Functional Classification Map, Colorado Blvd / County Rd 13; and, is a
half mile (1/2) from U.S. Highway 34. Potable water is provided to the site by Little Thompson
Water District.
Section 22-2-80.B I. Goal 2. states, "Encourage appropriate industrial development to annex
into a municipality if the new or expanding industrial development is adjacent to the
municipality's corporate limits."
The site is located within the three-mile referral area and Coordinated Planning Agreement
(CPA) area of the Town of Johnstown. The applicant was encouraged to consider annexation
to the Town of Johnstown through the preapplication process, in accordance with the Weld
County — Johnstown Coordinated Planning Agreement located in Weld County Code,
Chapter 19, Article XXI.
The Town of Johnstown was contacted on January 21, 2021. According to Section 19-21-50
of the Weld County Code, the municipality has twenty-one (21) days from the pre -application
meeting to discuss the opportunity for annexation. The property owner was not interested in
annexation at the time. The Change of Zone application was accepted by the County on
February 24, 2021, thirty-four (34) days after the initial contact with the municipality.
COZ21-0002
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Though the property is within the three-mile referral area of the City of Greeley and the CPA
area of the town of Windsor, the property is not within any identified growth areas of those
municipalities.
Section 22-2-80.C. I. Goal 3. Consider how transportation infrastructure is affected by the
impacts of new or expanding industrial developments.
Both adjacent rail and vehicle transportation infrastructure are capable of handling industrial
development.
Section 22-2-80.D. I.Goal 4. All new industrial development should pay its own way.
The infrastructure in this area, including road and rail improvements, has already been
brought up to an industrial level of service as a result of recorded Improvements Agreement
2016-3738, Reception Number 4335536, with Weld County. The agreement is with this
applicant, though it is related to an adjacent parcel also owned by the applicant.
Section 22-2-80.E. I. Goal 5. New industrial uses or expansion of existing industrial uses
should meet existing federal, state and local policies and legislation.
Should the Change of Zone be approved, any existing or proposed uses will be subject to a
Site Plan Review or Use by Special Review, which will require local, state and federal
regulation compliance.
Section 22-2-80. F. I. Goal 6. Minimize the incompatibilities that occur between industrial uses
and surrounding properties.
The Department of Planning Services and the Department of Public Health and Environment
have provided Development Standards to mitigate the impacts of land use development and
will provide detailed mitigation requirements through the Site Plan Review and Building
Permit processes. The Cooperative Planning Agreement with the Town of Windsor found in
Chapter 19, Article VI of the Weld County Code also outlines Common Development
standards that apply to the site.
Section 22-2-80. G. I. Goal 7. Recognize the importance of railroad infrastructure to some
industrial uses.
Northern Colorado continues to experience significant growth. Building and road construction
require a dedicated and easily accessible supply of goods produced by industrial businesses
to meet the demand. There is a current need for industrially zoned property which is
necessary for healthy economic growth. Fostering the agglomeration of industrial businesses
along established rail lines and major transportation networks encourages the use of rail for
transport of goods, thereby reducing truck -related traffic, emissions and road damage.
Zoning property for industrial uses along rail lines in close proximity to major highways and
restricting the permitting of industrial uses in remote areas protects rural property from the
encroachment of incompatible uses.
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 City of Greeley and the Town of Milliken expressed no concerns with the application in
referral responses dated March 4, 2021 and March 8, 2021, respectively.
The Town of Windsor submitted a 2015 referral response for USR15-0027 pertaining to an
adjacent property. It was received via email on February 17, 2021. The email included
comments that this 2021 change of zone application be denied based on the fact that
changing the zone is not use -specific.
COZ21-0002
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However, zoning on a property allows for a set of uses that has been preapproved by elected
officials as being acceptable in that location. It streamlines the approval process for uses that
are acceptable. This is foundational to the concept of zoning. The property is not within the
Growth Management Area of the Town of Windsor.
The proposal is located within the growth management boundary of the Town of Johnstown.
The town returned a referral response, dated April 12, 2021, recommending denial based on
incompatibility with the comprehensive plan. The 2008 Johnstown Land Use Framework Plan
designates this area for conservation -oriented agricultural and large lot residential land uses.
The Town of Johnstown is in the process of updating their comprehensive plan and it is
unknown if the vision for this area has changed since 2008.
County Road 13 and the area around the subject site are encumbered by three (3) rail lines
within one (1) mile and, therefore, is an unlikely location for residential development. The
land immediately to the north of the site is designated on the Johnstown Comprehensive
Plan for "Commercial Mixed Uses' and "Employment'. Much of the incorporated land directly
to the west of County Road 13 is being used for industrial, rail -oriented uses and is zoned
"Mixed Use." It is logical that the actual expansion of industrial uses will follow the rail corridor
across and remain within a half -mile of County Road 13. Lands to the south of the site are
split by two (2) regional rail lines and are a mix of industrial and agricultural uses.
Two (2) irrigation ditches are adjacent to the proposed Change of Zone, the Hill and Brush
Ditch Company and the Reorganized Farmers Ditch Company. A joint referral response
dated March 17, 2021, expressed concern related to water contamination and requested that
water quality be part of any future site plan review on the site.
One letter was received from a surrounding property owner in opposition to the change of
zone citing lack of similar industrially -used properties in the area and potential issues from
industrial uses, including traffic, noise, odor, safety, dust, and pollutants. The property owner
asks for a berm for visual mitigation, stormwater relocation, and stormwater quality measures
through the site planning process. Screening of industrial uses is required through the Site
Plan Review process to all adjacent properties unless the adjacent property is zoned 1-3. This
may be accomplished through many ways, but usually with berms or fencing. Stormwater
detention design is required for most industrial sites. Water quality features are not
automatically required for site plans but may be required if certain triggers are met.
Referrals without concerns were received from the following agencies: Colorado Geologic
Survey, City of Greeley, City of Loveland, Larimer County, Little Thompson Water District,
Town of Milliken, Weld County Sheriff's Office and Colorado Parks and Wildlife. Front Range
Fire Rescue, in their March 5, 2021 referral, did not expressed concern, but submitted
advisory comments regarding site expansion.
The Rock and Rail transloading and batch plant, already zoned 1-3, is directly north of this
site. There are other industrial uses to the north including two large use by right oil and gas
facilities, a mini -storage facility, and a pet crematorium. To the east there is a reservoir and
a handful of agricultural operations with residences. One (1) property to the east is permitted
as an event center via USR15-0028. A gravel mine with temporary asphalt and concrete
batching has been approved to the south of the site. Notice of the proposed Change of Zone
was sent to seven (7) surrounding property owners in Weld County and four (4) surrounding
property owners in Larimer County. No correspondence has been received from surrounding
property owners at this time.
The existing and future industrial uses will have to be approved through a Site Plan Review
or Use by Special Review process. Site Plan Review and Use by Special Review applications
are sent to referral agencies for comments. The Conditions of Approval and Development
Standards applied to both this Change of Zone and any future Site Plan Reviews will
adequately address and mitigate potential impacts. Due to the proximity of multiple rail lines
COZ21-0002
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and major transportation networks, the presence of other industrial operations in the vicinity,
and the mitigation methods already incorporated into the site, a Change of Zone to 1-3 (Heavy
Industrial) is compatible with the surrounding land uses.
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.
The site is currently served by domestic water from Little Thompson Water District via
account #832901. The site uses onsite wastewater treatment for sewage disposal, permit
#SP -1600128. No concerns regarding water or sewer service were expressed by the
Department of Public Health and Environment, in their March 5, 2021 referral response or by
Little Thompson Water District, in their March 4, 2021 referral response.
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.
Section 23-3-330 of the Weld County Code states, "... Properties zoned 1-3 should be located
near transportation infrastructure such as highways, railroads, or airports." The property
accesses onto County Road 13 (Colorado Boulevard), classified as an arterial road on the
Weld County Functional Classification Map. Traffic utilizing the site then travels north to U.S.
Highway 34. All required improvements were made to both County Road 13 and the
intersection of U.S. Highway 34 and County Road 13 and all affected rail crossings by the
applicant pursuant to an approved and recorded Improvements Agreement, 2016-3738,
Reception Number 4335536.
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. — If the proposed Change of Zone is located within any Overlay
District identified by maps officially adopted by the County, that the applicant has
demonstrated compliance with the County regulations concerning Overlay Districts.
Compliance may be demonstrated in a previous public hearing or in the hearing
concerning the rezoning application.
The site is not located within any overlay district officially adopted by the County,
including airport, geologic, historic, MS4, or floodplain.
2) Section 23-2-30.A.5.b. - That the proposed rezoning will not permit the use of any area
known to contain a commercial mineral deposit in a manner which would interfere with
the present or future extraction of such deposit by an extractor to any greater extent than
under the present zoning of the property.
Both the Geotech Report, dated March 11, 2016 and the Soil Report, dated February 4,
2021, submitted with the application indicate that the site is not located within an area
recognized as having economically recoverable sand and gravel or other metallic
resources. No other potential geologic hazards were identified.
3) Section 23-2-30.A.5.c. - If soil conditions on the site are such that they present
moderate or severe limitations to the construction of structures or facilities proposed
for the site, that such limitations can be overcome and that the limitations will be
addressed by the applicant and/or the applicant's successors or assigns prior to the
development of the property.
The Natural Resources Conservation Services (NRCS) Soil Survey, dated February 4,
2021, submitted with the application indicates that most of the property consists of well-
COZ21-0002
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drained soils. The Geology Report, dated March 4, 2021, submitted with the application
indicates that placement of fill is advised with any new foundation based on soft soils.
This recommendation for approval 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 plat shall be amended to delineate the following:
1. All pages of the plat shall be labeled COZ21-0002. (Department of Planning Services)
2. The plat shall adhere to Section 23-2-50. 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 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 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. (Department of Public Works)
5. County Road 56 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. (Department of Public Works)
6. Show and label the existing permitted access point (AP15-00271) and the usage type
(Industrial). (Department of Public Works)
2. The following notes shall be delineated on the Change of Zone plat:
1) The Change of Zone, COZ21-0002, allows for 1-3 (Heavy Industrial) uses which shall
comply with the 1-3 (Heavy Industrial) Zone District requirements as set forth in Chapter
23, Article III Division 4 of the Weld County Code, as amended. (Department of Planning
Services)
2) The operation shall comply with all applicable rules and regulations of State and Federal
agencies and the Weld County Code. (Department of Planning Services)
3) Any future structures or uses on site must obtain the appropriate zoning and building
permits. (Department of Planning Services)
COZ21-0002
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4) Industrial development may require buffering and screening from residential properties
through the permitting process. (Department of Planning Services)
5) 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)
6) 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)
7) 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)
8) 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)
9) 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)
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) (Department of Public Works)
12) Water service may be obtained from Little Thompson Water District. (Department of Public
Health and Environment)
13) The parcel is currently not served by a municipal sanitary sewer system. Sewage disposal
may be by septic systems 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)
COZ21-0002
Page 7 of 8
17) 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)
18) 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.
3. 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.
4. 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.
5. 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.
6. 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.
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.
8. 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.
COZ21-0002
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March 8, 2021
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.weldgov.com
E-MAIL: asnyder@weldgov.com
PHONE: (970) 400-3525
FAX: (970) 304-6498
Gerrard Nathan
27154 County Road 13
Johnstown, CO 80534
Subject: COZ21-0002 - Change of Zone from the A (Agricultural) Zone District to the 1-3 (Heavy
Industrial) Zone District
On parcel(s) of land described as:
LOT B REC EXEMPT RE -4033, BEING PART SW4 SECTION 18, T5N, R67W 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 19, 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,
it
Angela Snyder
Planner
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