HomeMy WebLinkAbout20220104.tiffLAND USE APPLICATION
STAFF COMMENTS
Planner: Angela Snyder Hearing Date: December 7, 2021
Case Number: COZ21-0007
Owner: Gary Lee
Site Address: 580 E. 161h St, Greeley, CO 80631
Request: Change of Zone from the A (Agricultural) Zone District to the 1-3 (Heavy
Industrial) Zone District
Legal Lot 2 of Union Colony Subdivision; being part of the NE4SW4 of Section 9,
Description: Township 5 North, Range 65 West of the 6'" P.M., Weld County, Colorado
Location: South of and adjacent to E 16th St, approximately 330 feet west of Balsam Ave
Acres: ± 5.05 acres Parcel #: 0961-09-3-00-083
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 October 29, 2021
■ Weld County Department of Planning Services - Development Review, referral dated October
13, 2021
■ Weld County Department of Public Health and Environment, referral dated October 21, 2021
Without Comment:
■ Town of Garden City, referral dated October 19, 2021
■ Greeley Fire Protection District, referral dated October 12, 2021
■ Weld County Zoning Compliance, referral dated October 13, 2021
The Department of Planning Services' staff has not received responses from:
■ Town of Kersey
■ Greeley -Weld County Airport
■ Weld County Assessor's Office
■ Weld County Sheriff's Office
■ North Weld County Water District
■ Weld County School District RE -6
COZ21-0007
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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. The property has one single family, manufactured residence added in 1992. As
the home is modular, it can be used for a caretaker or security personnel in accordance with Section
23-3-330.E.1 of the Weld County Code as part of an approved site plan. As the property is not
currently being used commercially, any new business will require a Site Plan Review.
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 October 12, 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 22-2-30.B. Locate urban development in urban areas.
North Weld County Water District currently serves the subject property with public water.
Should future development of the site require sanitary sewer, service could be made
available from the City of Greeley and would require annexation, according to the October
13, 2021 referral. Urban use of this property is acceptable because it is located in an urban
area.
Section 22-2-30.C. Harmonize development with surrounding land uses
The applicant owns two adjacent lots to the west which are zoned 1-3 (Heavy Industrial) and
being used industrially. Further west is a commercial/industrial business park annexed into
the City of Greeley. Land to the northwest is zoned industrially in both city and county. Directly
north is residential property. The property directly south is zoned C-3 (Business Commercial).
The property to the east remains zoned A (Agricultural) but a USR15-0009 for a trucking
company is adjacent. Industrial use of this property is in harmony with the majority of
surrounding land uses.
Section 22-2-40.A. Support compatible economic development opportunities.
The site is located within a Weld County Opportunity Zone on the Comprehensive Plan Map
and is in an industrial area, thus encouraging the agglomeration of synergistic businesses.
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.
Surrounding land is being used commercially. Notice was sent to twenty-four (24)
surrounding properties and no responses were received.
The City of Greeley referral dated October 29 contained only advisory comments for future
development and no concerns with the present request. The Greeley Land Use Guidance
Map (2017) designates the area for Mixed Use High Intensity land uses. The Town of Garden
City expressed no concerns in the October 19, 2021 referral. The Greeley Fire Department
also expressed no concerns in the October 12, 2021 referral.
COZ21-0007
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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 other industrial operations in the
vicinity, 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 domestic water from North Weld County Water District via
account #2176002. The site uses onsite wastewater treatment for sewage disposal, permit
#G19920283. No concerns regarding water or sewer service were expressed by the
Department of Public Health and Environment in the October 21, 2021 referral response, the
City of Greeley in the October 29, 2021 referral response, or from North Weld County Water
District.
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." East 16th Street
is designated on the 2011 Greeley Transportation Plan as a minor arterial and a local road
on the Weld County Functional Classification Map (2020). The Weld County Development
Review referral dated October 13, 2021 indicated that the county road providing access to
the property is adequate in functional classification, width and structural capacity for the
estimated traffic. Should the traffic increase, the City of Greeley, in the October 13, 2021
referral, requests to review any traffic studies and discuss future impacts to the transportation
system. The City also reviewed the future drainage report showing storm drainage to be
discharged into Greeley's stormwater infrastructure system.
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 located within the A -P (Airport) Overlay District. Development of the site will
be required to comply with applicable requirements in Chapter 23, Article V, Division 1
of the Weld County Code. Future development applications will be sent to the airport for
review. The site is not located within the following overlay districts officially adopted by
the County: geologic, historic, Multiple Separate Storm Sewer System (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.
The Geotech Report, dated September 8, 2021, submitted with the application indicates
that sand and gravel deposits may be located at least ten (10) feet under the surface,
but are not economically viable, that the site is not located within an area recognized as
COZ21-0007
Page 3 of 6
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 Geotech Report, dated September 8, 2021, submitted with the application also
considered soils, which are mostly Otero sandy loam, which has "rapid permeability, slow
surface runoff and low erosion hazard." No soil limitation was identified.
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 COZ21-0007. (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. E. 16'" Street is a paved 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. (Development Review)
5. Show and label the existing, proposed access point and the usage type (Commercial).
Final review of the access location is part of the plat submittal. (Development Review)
2. The following notes shall be delineated on the Change of Zone plat:
1) The Change of Zone, COZ21-0007, 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) Any future structures or uses on site must obtain the appropriate zoning and building
permits. (Department of Planning Services)
3) The manufactured home may be used as living quarters for caretaker or security personnel
responsible for maintaining or guarding the property in accordance with Section 23-3-
COZ21-0007
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330.E.1. (Department of Planning Services)
4) Buffering and screening of industrial uses from residential properties may be required
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. (Development
Review)
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. (Development
Review)
9) Access on the site shall be maintained to mitigate any impacts to the public road including
damages and/or offsite tracking. (Development Review)
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.
(Development Review)
11) The historical flow patterns and runoff amounts will be maintained on the site.
(Development Review)
12) Water service may be obtained from North Weld County 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 an on -site wastewater treatment system (OWTS) designed in accordance with the
regulations of the Colorado Department of Public Health and Environment, Water Quality
Control Division and the Weld County Code in effect at the time of construction, repair,
replacement, or modification of the system. (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
COZ21-0007
Page 5 of 6
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) 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 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.
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.
COZ21-0007
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November 2, 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
LEE GARY V
7201 HIDING ELK LN
LOVELAND, CO 80538
Subject: COZ21-0007 - 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 2 OF THE UNION COLONY SUBDIVISION; BEING PART OF THE NE4SW4 SECTION 9, T5N, R65W
of the 6th P.M., Weld County, Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on December 7, 2021 at
12:30 p.m. A subsequent hearing with the Board of County Commissioners will be held on January
12, 2022 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,
/ l
4 1
Angela Snyder
Planner
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