HomeMy WebLinkAbout20133151.tiffLAND USE APPLICATION
SUMMARY SHEET
CHANGE OF ZONE
Planner: Diana Aungst Hearing Date: October 15, 2013
Case Number: COZ13-0003
Applicant: Inez Gutierrez
Site Address: 2460 NW "C" Street, Greeley, CO 80631
Request: Change of Zone from the R-1 (Low -Density Residential) Zone District to the A
(Agricultural) Zone District
Legal Lot 2 of Subdivision Exemption SE -1150 Being part of SE4 SE4 Section 36, T6N,
Description: R66W of the 6th P.M., Weld County, CO
Location: South of and adjacent to NW "C" Street; approximately 1,000 feet West of N. 23rd
Avenue
Acres: +/- 4.13 acres Parcel #. 0805-36-4-00-099
POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS
The Department of Planning Services' staff has received responses from the following agencies:
With Comment:
• City of Greeley, referral dated September 5, 2013
• Weld County Zoning Compliance, referral dated August 9, 2013
• Weld County Department of Public Works, referral dated September 9, 2013
Weld County Department of Building Inspection, referral dated August 9, 2013
Weld County Department of Public Health and Environment, referral dated August 28, 2013
Without Comment:
Greeley Fire Department, referral dated August 12, 2013
Weld County Sheriffs Office, referral dated August 19, 2013
Colorado Division of Parks and Wildlife, referral dated August 16, 2013
West Greeley Soil Conservation District, referral dated August 14, 2013
Northern Colorado Water Conservancy District, referral dated August 27, 2013
The Department of Planning Services' staff has not received responses from:
School District RE -6
Colorado and Southern Railroad
Weld County Ambulance Services
COZ13-0003
Page 1 of 7
Planner:
CHANGE OF ZONE
ADMINISTRATIVE RECOMMENDATION
Diana Aungst Hearing Date: October 15, 2013
Case Number: COZ13-0003
Applicant: Inez Gutierrez
Site Address: 2460 NW "C" Street, Greeley, CO 80631
Request: Change of Zone from the R-1 (Low -Density Residential) Zone District to the A
(Agricultural) Zone District
Legal
Description:
Location:
Acres:
Description:
Lot 2 of Subdivision Exemption SE -1150 Being part of SE4 SE4 Section 36, T6N,
R66W of the 6th P.M., Weld County, CO
South of and adjacent to NW "C" Street; approximately 1,000 feet West of N. 23rd
Avenue
+/- 4.13 acres Parcel#. 0805-36-4-00-099
The applicants are requesting to rezone this property to Agricultural so that they may then
apply for a Use by Special Review for a concrete company. This request is to address an
active Zoning Violation (ZCV13-00061) due to the operation of concrete business (dba:
Can Do Concrete) without first completing the necessary Weld County Zoning Permits.
THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE
DENIED 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 NOT 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 not consistent with Chapter 22 of the Weld
County.
Section 22-2-100.E. C.Goal 5. States, "Minimize the incompatibilities that occur between
commercial uses and surrounding properties."
The majority of the approximately 40 parcels in this area are zoned R-1 (Low -Density
Residential). These residential lots are urban -residential in size, that is, the lot sizes are less
than eight (8) acres. Rezoning the subject property would allow commercial and/or industrial
uses on the site per the Use by Special Review (USR) permit process. These
commercial/industrial uses may not be compatible with the low -density residential in the area
due to an increase in traffic, dust and noise.
COZ13-0003
Page 2 of 7
Section 22-2-120.R.Policy 1.1. states, "The land use applicant should demonstrate that
adequate sanitary sewage and water systems are currently available or reasonably
obtainable to serve residential development proposals."
The referral comments from the City of Greeley indicate that the site is served by an existing
City of Greeley 5/8" water tap, fed by a 6" water main located along the north side of the
property in NW "C" Street. This water main has reached capacity and any additional water
service requested will require additional infrastructure improvements, including upgrades to
the water infrastructure in NW "C" Street. Therefore, it appears that the site does not have
adequate water for the proposed concrete company.
B. 23-2-30.A.2. - The uses which would be allowed on the subject property by granting the
Change of Zone will not be compatible with the surrounding land uses.
The majority of the approximately 40 parcels in this area are zoned R-1 (Low -Density
Residential). These residential lots are urban -residential in size, that is, the lot sizes are less
than eight (8) acres. Rezoning the subject property would allow commercial and/or industrial
uses on the site per the Use by Special Review (USR) permit process. These
commercial/industrial uses may not be compatible with the low -density residential in the area
due to an increase in traffic, dust and noise.
Zoning provides for the separation of uses: Industrial uses in a separate zone, commercial
uses in a separate zone, and residential uses in a separate zone from both commercial and
industrial uses. Zoning is established to protect the health safety and welfare of the general
population. If this request is approved it will allow this one site to have the unique privilege of
submitting for a USR for commercial and industrial uses to the detriment of the neighbors.
C. 23-2-30.A.2. - That adequate water and sewer service cannot be made available to the site to
serve the uses permitted within the proposed zone district.
The referral comments from the City of Greeley indicate that the site is served by an existing
City of Greeley 5/8" water tap, fed by a 6" water main located along the north side of the
property in NW "C" Street. The City has stated that this water main has reached capacity and
any additional water service requested will require additional infrastructure improvements,
including upgrades to the water infrastructure in NW "C" Street. Therefore, it appears that the
site does not have adequate water for the proposed concrete company.
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.
Should the Planning Commission recommend approval of the Change of Zone from the R-1 (Low -Density
Residential) Zone District to A (Agricultural) Zone District the following are recommended Conditions of
Approval.
1. Prior to recording the plat:
A. The applicant shall either submit a copy of an agreement with the property's mineral
owner/operators stipulating that the oil and gas activities have been adequately incorporated
into the design of the site or show evidence that an adequate attempt has been made to
mitigate the concerns of the mineral owner/operators. (Department of Planning Services)
B. The applicant shall provide the Weld County Department of Planning Services with written
documentation from the City of Greeley that there is adequate potable water for this site.
(Department of Planning Services)
COZ13-0003
Page 3 of 7
C. The applicant shall provide the Weld County Department of Planning Services with a
Statement of Taxes from the Weld County Treasurer showing no delinquent taxes exist for
the original parcel. (Department of Planning Services)
2. The plat shall be amended to delineate the following:
A. All pages of the plat shall be labeled COZ13-0003. (Department of Planning Services)
B. The plat shall adhere to Section 23-2-50.C. and D. of the Weld County Code. (Department of
Planning Services)
C. All approved accesses shall be delineated on the plat. (Department of Planning Services)
D. NW "C" Street is designated on the Weld County Road Classification Plan as a local paved
roadway, which requires 60 feet of right-of-way at full build out. The applicant shall verify the
existing 60 feet of right-of-way and the documents creating the right-of-way and this
information shall be noted on the plat. All setbacks shall be measured from the edge of
future right-of-way. If the existing right-of-way cannot be verified, it shall be dedicated. This
road is maintained by Weld County. (Department of Public Works)
E. The applicant shall indicate specifically on the plat the type of right-of-way/easement and
indicate whether it is dedicated, private, or deeded. (Department of Public Works)
F. Show and label the floodplain and floodway (if applicable) boundaries on the plat. Label the
floodplain boundaries with the Floodplain Study information, Army Corps of Engineers 2003
Poudre River Floodplain Study. (Department of Public Works)
3. The following notes shall be delineated on the Change of Zone plat:
A. The Change of Zone allows for A (Agricultural) uses which shall comply with the A
(Agricultural) Zone District requirements as set forth in Article III Division 1 of the Weld
County Code. (Department of Planning Services)
B. 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)
C. Any future structures or uses on site must obtain the appropriate zoning and building permits.
(Department of Planning Services)
D. Screening and/or buffering from adjacent uses may be required at time of Use by Special
Review. (Department of Planning Services)
E. Should noxious weeds exist on the property, or become established as a result of the
proposed development, the applicant/landowner shall be responsible for controlling the
noxious weeds, pursuant to Chapter 15, Articles I and II, of the Weld County Code.
(Department of Public Works)
F. The historical flow patterns and runoff amounts will be maintained on the site. (Department of
Public Works)
G. This site is located in a State Designated, Municipal Separate Storm Sewer System (MS4)
Area which may trigger specific water quality requirements or other drainage improvements if
the lot develops further. (Department of Public Works)
COZ13-0003
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H. WARNING: LOTS MAY NOT BE BUILDABLE DUE TO FLOODPLAIN OR FLOODWAY
DESIGNATION. Please be advised that owners of the property may not be able to obtain
building permits to construct structures or store materials outside. All construction or
improvements occurring in the floodplain as delineated on Federal Emergency Management
Agency FIRM Community Panel Map # 080266-1528E, dated June 10, 2005, shall comply
with the Flood Hazard Overlay District requirements of Chapter 23, Article V, Division 3 of the
Weld County Code and all applicable FEMA regulations and requirements as described in 44
CFR parts 59, 60, and 65. (Department of Public Works)
I. Flood hazard development permits are required for development activities located within the
FEMA mapped Poudre River Floodplain. The FEMA definition of development is any man-
made change to improved or unimproved real estate, including by not limited to buildings or
other structures, mining, dredging, filling, grading, paving, excavation, drilling operations, or
storage of equipment and materials. (Department of Public Works)
J. FEMA's floodplain boundaries may be updated at any time by FEMA. Prior to the start of any
development activities, the owner should contact Weld County to determine if the floodplain
boundaries have been modified. (Department of Public Works)
K. Prior to the start of any development activities, the owner should contact the City of Greeley
to determine what if any additional upgrades are required to the water infrastructure in NW
"C" Street. (City of Greeley)
L. Water service shall be obtained from the City of Greeley. (Department of Public Health and
Environment)
M. This subdivision is in rural Weld County and is not served by a municipal sanitary sewer
system. Sewage disposal shall 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)
N. Language for the preservation and/or protection of the absorption field shall be placed on the
plat. The note shall state that activities such as permanent landscaping, structures, dirt
mounds or other items are expressly prohibited in the absorption field site. (Department of
Public Health and Environment)
O. Building permits shall be obtained prior to the construction of any new building. A plan review
is required for each building. Plans shall bear the wet stamp of a Colorado registered
architect or engineer. Two complete sets of plans are required when applying for each permit.
(Department of Building Inspection)
P. Each new building will require an engineered foundation based on a site -specific
geotechnical report or an open hole inspection performed by a Colorado registered engineer.
Engineered foundations shall be designed by a Colorado registered engineer. (Department of
Building Inspection)
Q. Buildings, 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: 2012
International Building Code; 2012 International Mechanical Code; 2012 International
Plumbing Code: 20121nternational Energy Code; 2006 International Fuel Gas Code; the 2012
International Plumbing Code; 2011 National Electrical Code; 2003 ANSI 117.1 Accessibility
Code and Chapter 29 of the Weld County Code. (Department of Building Inspection)
R. Building Permits issued on the proposed lots will be required to adhere to the fee structure of
the Countywide Road Fee Impact Program.
COZ13-0003
Page 5 of 7
S. Building Permits issued on the proposed lots, will be required to adhere to the fee structure of
the County Facility Fee and Drainage Impact Fee program.
T. 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)
U. Weld County is one of the most productive agricultural counties in the United States, typically
ranking in the top ten counties in the country in total market value of agricultural products
sold. The rural areas of Weld County may be open and spacious, but they are intensively
used for agriculture. Persons moving into a rural area must recognize and accept there are
drawbacks, including conflicts with long-standing agricultural practices and a lower level of
services than in town. Along with the drawbacks come the incentives which attract urban
dwellers to relocate to rural areas: open views, spaciousness, wildlife, lack of city noise and
congestion, and the rural atmosphere and way of life. Without neighboring farms, those
features which attract urban dwellers to rural Weld County would quickly be gone forever.
Agricultural users of the land should not be expected to change their long-established
agricultural practices to accommodate the intrusions of urban users into a rural area. Well -
run agricultural activities will generate off -site impacts, including noise from tractors and
equipment; slow -moving farm vehicles on rural roads; dust from animal pens, field work,
harvest and gravel roads; odor from animal confinement, silage and manure; smoke from
ditch burning; flies and mosquitoes; hunting and trapping activities; shooting sports, legal
hazing of nuisance wildlife; and the use of pesticides and fertilizers in the fields, including the
use of aerial spraying. It is common practice for agricultural producers to utilize an
accumulation of agricultural machinery and supplies to assist in their agricultural operations.
A concentration of miscellaneous agricultural materials often produces a visual disparity
between rural and urban areas of the County. Section 35-3.5-102, C.R.S., provides that an
agricultural operation shall not be found to be a public or private nuisance if the agricultural
operation alleged to be a nuisance employs methods or practices that are commonly or
reasonably associated with agricultural production.
Water has been, and continues to be, the lifeline for the agricultural community. It is
unrealistic to assume that ditches and reservoirs may simply be moved "out of the way" of
residential development. When moving to the County, property owners and residents must
realize they cannot take water from irrigation ditches, lakes, or other structures, unless they
have an adjudicated right to the water.
Weld County covers a land area of approximately four thousand (4,000) square miles in size
(twice the size of the State of Delaware) with more than three thousand seven hundred
(3,700) miles of state and County roads outside of municipalities. The sheer magnitude of
the area to be served stretches available resources. Law enforcement is based on
responses to complaints more than on patrols of the County, and the distances which must
be traveled may delay all emergency responses, including law enforcement, ambulance, and
fire. Fire protection is usually provided by volunteers who must leave their jobs and families
to respond to emergencies. County gravel roads, no matter how often they are bladed, will
not provide the same kind of surface expected from a paved road. Snow removal priorities
mean that roads from subdivisions to arterials may not be cleared for several days after a
major snowstorm. Services in rural areas, in many cases, will not be equivalent to municipal
services. Rural dwellers must, by necessity, be more self-sufficient than urban dwellers.
COZ13-0003
Page 6 of 7
People are exposed to different hazards in the County than in an urban or suburban setting.
Farm equipment and oil field equipment, ponds and irrigation ditches, electrical power for
pumps and center pivot operations, high speed traffic, sand burs, puncture vines, territorial
farm dogs and livestock, and open burning present real threats. Controlling children's
activities is important, not only for their safety, but also for the protection of the farmer's
livelihood.
4. Upon completion of Conditions of Approval 1. and 2. above, the applicant shall submit three (3)
paper copies or one (1) electronic copy (.pdf) of the plat for preliminary approval to the Weld
County Department of Planning Services. Upon approval of the plat the applicant shall submit a
Mylar plat along with all other documentation required as Conditions of Approval. The Mylar plat
shall be recorded in the office of the Weld County Clerk and Recorder by Department of Planning
Services' Staff. The plat shall be prepared in accordance with the requirements of Section 23-2-
50.C. and D. of the Weld County Code. The Mylar plat and additional requirements shall be
submitted within one -hundred -twenty (120) days from the date of the Board of County
Commissioners resolution. The applicant shall be responsible for paying the recording fee.
5. The Change of Zone plat map shall be submitted to the Department of Planning Services' for
recording within one -hundred -twenty (120) days of approval by the Board of County
Commissioners. With the Change of Zone plat map, the applicant shall submit a digital file of all
drawings associated with the Change of Zone application. Acceptable CAD formats are .dwg,
.dxf, and .dgn (Microstation); acceptable GIS formats are .shp (Shape Files), Arclnfo Coverages
and Arclnfo Export files format type is .e00. The preferred format for Images is .tif (Group 4)
(Group 6 is not acceptable).
6. In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005, should the plat
not be recorded within the required one -hundred -twenty (120) days from the date the Board of
County Commissioners resolution a $50.00 recording continuance charge shall added for each
additional 3 month period.
COZ13-0003
Page 7 of 7
September 23, 2013
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.co.weld.co.us
E-MAIL: daungst@co.weld.co.us
PHONE: (970) 353-6100, Ext. 3524
FAX: (970) 304-6498
GUTIERREZ INEZ
401 NORTH 21ST AVE
GREELEY, CO 80631
Subject: COZ13-0003 - Change of Zone from the R-1 (Low -Density Residential) Zone District to the A
(Agricultural) Zone District
On parcel(s) of land described as:
PT SE4SE4 SECTION 36, T6N, R66W LOT 2 SUB EXEMPT SE -1150 of the 6th P.M., Weld County,
Colorado.
Dear Applicant:
I have scheduled a meeting with the Weld County Planning Commission on October 15, 2013, at 1:30
p.m. A subsequent hearing with the Board of County Commissioners will be held on November 13,
2013 at 10:00 a.m. Both hearings will be held in the Hearing Room, Weld County Administration
Building, 1150 O Street, Greeley, Colorado. It is recommended that you and/or a representative 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
wevw.weldcountyplanningcases-orq
If you have any questions concerning this matter, please call.
Respectfully. UQ tiancaufitDiana Aungst
Planner
Digitally signed by Kristine Ranslem
Reason: I am the author of this document
Date: 2013.09.23 10:36:40 -06'00'
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.co.weld.co.us
E-MAIL: daungst@co.weld.co.us
PHONE: (970) 353-6100, Ext. 3524
FAX: (970) 304-6498
August 09, 2013
GUTIERREZ INEZ
401 NORTH 21ST AVE
GREELEY, CO 80631
Subject: COZ13-0003 - Change of Zone from the R-1 (Low -Density Residential) Zone District to the A
(Agricultural) Zone District
On parcel(s) of land described as:
PT SE4SE4 SECTION 36, T6N, R66W LOT 2 SUB EXEMPT SE -1150 of the 6th P.M., Weld County,
Colorado.
Dear Applicant:
Your application and related materials for the request described above are complete and in order at this
time. I will schedule a meeting with you at the end of the review period to discuss the referral
comments received by our office.
It is the policy of Weld County to refer an application of this nature to any town or municipality lying
within three miles of the property in question or if the property under consideration is located within the
comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of
the submitted materials to the following Planning Commission(s) for their review and comments:
Greeley at Phone Number 970-350-9741
Please call the listed Planning Commissions, for information regarding the date, time and place of the
meeting and the review process. It is recommended that you and/or a representative be in attendance at
each of the meetings described above in order to answer any questions that might arise with respect to
your application.
If you have any questions concerning this matter, please call.
Respectfully.
Digitally signed by Kristine Ranslem
Reason: I am the author of this document
Date: 2013.08.09 08:42:32 -06'00'
Diana Aungst
Planner
FIELD CHECK
Inspection Date: 10/4/13
Case Number: COZ13-0003
Applicant: Inez Gutierrez
Request: Change of Zone from the R-1 (Low -Density Residential) Zone District to the
A (Agricultural) Zone District
Legal Lot 2 of Subdivision Exemption SE -1150 Being part of SE4 SE4 Section 36,
Description: T6N, R66W of the 6th P.M., Weld County, CO
Location:
South of and adjacent to NW "C" Street; approximately 1,000 feet West of N.
23rd Avenue
Size of Parcel: +/- 4.13 acres
Parcel No. 0805-36-4-00-099
Zoning 1
Land Use
N
R-1 (Low -Density Residential)
N
Small Lot residential
E
R-1 (Low -Density Residential)
E
Small Lot residential
S
R-1 (Low -Density Residential)
S
Small Lot residential
W
R-1 (Low -Density Residential)
and A (Agricultural)
W
Small Lot residential
COMMENTS:
The site contains a converted -dwelling used as an office and materials and supplies related to
the concrete business. There is a "U" shaped driveway with two access points off of NW "C"
Street.
Diana Amu gst, Plan
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