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Home My WebLink About20223052.tiffEXHIBIT INVENTORY CONTROL SHEET CASE COZ22-0007 - DPR GREELEY, LLC Tyler Exhibit Submitted By Page # Description Planning A. Commission Resolution of Recommendation Planning B. Commission Summary of Hearing (Minutes dated 10/4/2022) C. Planning Services PowerPoint Presentation Applicant PowerPoint Presentation D. Planning Services (received 11/9/2022) Barbara Flores Surrounding Property Owner Comments in Opposition to Change of Zone E. (SPO) (Hand delivered by SPO 11/9/2022) F. G. H. J. K. L. M. N. O. P. Q. R. s. T. U. 2022-3052 COZ22 0007 APPLICANT: DPR GREELEY, LLC PLANNER: CHRIS GATHMAN REQUEST: CHANGE OF ZONE FROM THE R-1 (LOW -DENSITY RESIDENTIAL) ZONE DISTRICT AND THE C-1 (NEIGHBORHOOD COMMERCIAL) ZONE DISTRICT TO THE A (AGRICULTURAL) ZONE DISTRICT. LEGAL DESCRIPTION: LOT 4, BEING PART OF THE NW4NW4 OF SECTION 15, T5N, R65W OF THE 6TH P.M., WELD COUNTY, COLORADO, ACCORDING TO THE SUBDIVISION OF LANDS BY THE UNION COLONY OF COLORADO. 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WELD COUNTY, CO WELD COUNTY, CO VIEW OF ONSITE SHOP BUILDING AND ADJACENT BUILDING FROM CHERRY AVENUE r 6I WELD COUNTY, CO • a is VIEW ALONG CHERRY AVENUE TO PROPERTY TO THE NORTH OF SITE AND BELLA ROMERO SCHOOL J1 t i-��;. rsi �Fr tr ft 24014. *leT t' 4 L - r -77_ r � S 1 �C. ore:7n est 1.)-sfe tUttti Greel 2045 Cherry Ave, Greet. 40.4111, 104.66'W r Z22-0007 REZONE REQUEST ONLINE MAPPING EXISTING ZONING 1 9 9 9 Waggin Tail Dog Park GoIe Earth 2010 2 0 1 9 20 2 1 geozY gifeiAiib IPS as. it •tM a— 7Ti�� - 7 j =. h f• ' .rs •• . w " 4. • . .• • a . - • ir - I.. if r • c . - K'. t wit 4 r a ) _ ' A o = ni C _ f v - j -• ' - i -• �• • a, ,,. �__ . r • •�V• r. r n !' s • A 7 • r n . I. • 9 x.' Y. ` •� �. �G °'• mart• ' a r • r.: -a ,aj ClII C I.. • A •': C '.a c .. Y • _ a t• •1/- e u r j •.�! `SIC ., S _ e .. . a e Y a I° . re is II CM ; Z. !! • D 1' •. .' . 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Fit• LL ?a r G. ▪ • N N ' 4T • • _ u .`^" S• �r ! _ A' 1�� '. � T / i' .� ••: �' n ' �• a5 1" • •� a r Iil 2 • • a r L • - as • i- .•T . - 7 . s P • •' • ••—r • ▪ '•' •' • - Gig. r :a aA ca a a C y 1 I- xtsting—Eln 0- 1 - o p \EXISTING :HAIN LINK = EMCE SLATS ADDED FOR SCREENING EVERGREEN TREES / ADDED [DR SCREENING / 113.1' LOT 4 I98,26E SQUARE FEE - (4155 ACRES), MORE IR LESS 102.4' Existing—Unden 1 Cxistirg Lirdc, II, E' 3 Exist'ng—ms r\� 1 Existing— ) Cottonwoods a a Exsting—Linden \"-30—JV --5—PN 3 Existing —Austrian Fire I Existing-3ue Spruce 174.8' / Existing _acust / / / / �► too ,autto g 6.5' _ $ ,,r,),,, SF RESIDEN I IAL FRAME H0LSEI 3 Existing—Cattonwoocs -EXISTING CHAty LINK FENCE METAI GARAGE /PROPOSED WHEEL ST]PS TM- uL❑❑C ru EMPLOYEE/EQUIPMENT PARKING EXISTING l" RECYC_ED ASPHIAL- I❑ L'r H [OJ IRK SHED 2 Existing —Elms 7 Existing —Scotch Fires 100'X33' EXISTING ACCESS n1 Existing —Scot& fire 1 Existing —Linden RAhE ..... r ARAL_ 208.3' FRAME PJMPH[USE O1/ _ N`N,FOUND 44 RBAR WITH X r e f n'. i 4 l e p l c cI w g I" YELLOW LASTIC CAP nl r• "lcn MLR PL SHEE 54.5- fr 14 ?' _ 132' _ 15 Existirg—Wichitc blue Junipers —j 1 s 6 Existing —Wichita c$"'ALE Blue Junipers —c, •a 1615' _ 112,4 18 Existing—'Nch to 3:ue JLnipers Nfif VIA I s I 21:)C NINH RR`( r'\`i _ N MIT PLPfJ LOT 4 CF -HE NERTH\v'EST QUARTER OF THE NORTHWEST QUARTER ❑F SECTION 1':, TOWNSHIP 5 NORTH, RACE 65 ,,WEST OF THE 6TH PIA, ACC0RDINE TO THE SUBDIVISION ]F LANDS BY THE UNION COLONY OF COLORADO, COUNTY CF WELD, STATE CF C❑LDRAD❑ 1 LOT PROPERTY OWNER'S CERTIFICATIJN 1, I HE UNJLRSIUNLD, 11F Y I HA I I HE USES, BUILD_NLiS AND S I RUC I URLS LOCATED ON THIS ZONING PERMIT =LAN PRE DESIGNEE AND WILL BE GUNS I RUL ED AND UHLRA I ED IN AC.:URDANCL V/1 I H I PE DLVLLUHMLN I STANDARDS HEREON AND THE DISTRICT REQUIREMENTS FOR THE ZONE DISTRICT 4S STATED IN CHA=TER 23 OF -HE WELD COUNTY CJDE, I UNDERSTAND FAILURE TO COMPLY WITH THE DEVELOPMENT STANDARDS. ANFLLLAB_L PRLVLSIU\S OF CUUN I " CUDL, ANU/LIk ANY CJNUl I IUNS OF APPROVAL COU_D RESULT IN THE COUNTY INI-IAT NC 4 C❑M0L1ANCE ACTION ALAINSI VL UR MY SLLLLSSURS. SIGNATURE OF PROPER -Y OWNER THE FOREGOING INSTR..MENT WAS SJBSCRIBED AND SWORN TO BE BEFORE ME I HIS ____DAY LE , BY WITNESS MY HAND AND OFFICIAL SEAL. MY COMMISSION EXPIRES: NU I ARY HU13LUC PLANT LIST SEY BOTANICAL NAME COMMON NAME PN Pinus nigra Austrian Pine JV Juniperus virginiana 'Skyrocket Skyrocket Juniper SIZE NOTES ONTY 6'B&B AS SHOWN 6 5 gal AS SHOWN 30 PLANT LEGEND EVERGREEN TREES OFIN- RAI AND CA D F NOWS 1. All living plants shall be rnairlta'ned in a live and hea thy state. Dead or unhealthy plants shall be immediately replaced witn the size cnd tyoc of plants required on the plan map. 2. Scheduled sizes stated represenz minimum caliper and height. Sizes provided mcy exceed min mum required, but in no event sha I smaller plant n-ateria sizes be installed. 3. Plant material snail be in accordance w th ANA specifications for #1 grcde. 4 Landscaping shall be hand wa:ered. NORTH DLI'AR I MLN I UI- F'_ANNINIJ SLRVICLS' AIJNINIS I R4 I _VL RLV1=W CERTIFICATIJN THIS ZONING PERMIT °LAN IS ACCEPTED AND APPROVED FUR FILING. DIRECTOR OF PLANNING SERVICES THE FOREGOING CERT=FICATE WAS ACKNOWLEDGED BEFORE ME THIS ____ DAY OF , 3Y \,I=TNESS MY HAND AND OFFICIAL SEAL. MY COMMISSION EXPIRES; NOTARY PUBIC • GUYING PLAN • PLANT SA T-1AT 10P OF 700T BALL G 2' PIIGNCR THAN FINISHED GRADE RUBBER HDSE 1' DIA. GUYING WIRES WITH TIJRKRUCKI F METAL T POSTS SP"GRFD PI AN1,Nn WY. WATER & TAMP TO REMOVE AR POCKE"S SLAFIFY SOES AND WI ION VI PLANTING FO.E .Illiiinll�llll� Ilml�N Ills mini I N. 1 rl I CI I I 2 K RAI I DIA. MULCH LAY EACit BLRLN' FROM ROOT BA_LL, REMOVE ALL WIRE MESH AND CONIAINENS T3 \CIONIFER TREE PLANTING — GWIY WIRES / NOT TO SCALE 1 of 1 is! nn molls SIC Fmos 'tam lie �Z =" n r 14: A alit, ael:ityr" e'er air i e Pei 'A Imaga z© 2022 ONES .' lrpus 74-.:11; a atterson ditch I:. oogle Earth Comments on OPPOSITION to Change of Zone Case #C0Z22-0007 1. A change of zone from R1 to A is inappropriate, as there is no agricultural use planned for this parcel, and all surrounding parcels are zoned R1. The use intended and currently being exercised, in violation of the R1 zoning restrictions, is not an allowed use for this property, either as R1 or A under Article III, Division 1 — A(Agricultural) Zone District, Sec. 23-3-10. - Intent., Sec. 23-3-20. - Uses allowed by right outside of subdivisions and historic townsites. His application to change the R1 zoning to A is solely to circumvent regulations preventing him from running a commercial business on a property zoned primarily for low density residential. 2. Of the total 4.55 acres of this parcel, barely a half -acre (.5165) is zoned commercial. This was done at a time when the property WAS being used for Agricultural purposes and this small section housed the office for a greenhouse operation. This is only 11.4% of the total parcel and it would be more reasonable to make that .5165 acre R1 zoned, like the rest of the parcel. 3. The Traffic Narrative prepared for Dane Roche, is inaccurate, as the traffic has already nearly doubled since Mr. Roche started doing business (in violation of current zoning} at 2120 Cherry Avenue. Often his workers disregard the 35 mile per hour speed limit, putting local residents who walk, jog, ride bicycles and ride horses, and school children walking to and from school on a street with no sidewalks, in danger. The current traffic going in and out of 2120 Cherry is primarily coming from E. 20th Street to the north of the property and leaving in the same direction. Vehicles are almost always trucks, pickups and larger, and are coming and going all day long, not at the times stated. Often there is traffic in and out of the site 7 days a week. On September 29 between 2:00 and 2:30pm a large 18 wheeler was observed making at least 2 round trips to the property from E. 20th Street, not E. 24th street as the Traffic Narrative said they would. 4. Mr. Roche states blatantly in the COZ PLANNING QUESTIONAIRE that his reason for seeking the zoning change is: "Rezoning the parcel to Agricultural will bring the existing contractor's shop and office building including the parking of the vehicles into compliance with the code, both uses which are permitted within the A zone district, as well as an accessory outdoor parking area. This zone change will allow the property owner to continue using the building for commercial purposes. The southern half will continue to be used for residential purposes." If he had done his research BEFORE purchasing the parcel, he would have known that it was zoned almost entirely R1 and that his intended use would not be allowed. Instead, and without regard for the current residents of the area, he decided he would force his wishes on OUR neighborhood. 5. In answer to question 3. of the PLANNING QUESTIONNAIRE, applicant neglected to mention that there is also a residence north of his property and actually 4 residences to the west that are impacted by Mr. Roche's commercial activities, which sometimes extend into the night. In answer to question S he states "adjacent to the parcel are residential and agricultural". ALL adjacent properties are zoned Ri. His answer to question 7 is particularly disturbing as he states "The property is located within the Weld County Opportunity Zone, encouraging commercial or industrial types of land uses." If this is so, then a horrible mistake has been made, as the residents of this neighborhood are middle to upper class small acreage owners who do not want ANY commercial or industrial development adjacent to their homes! In response to the applicants answer to question 8, "The proposed land use will be of the same nature as surrounding areas", that is not true. All surrounding areas are zoned R1 and are single-family residential. Contrary to the answer to question 9, there has been negative impacts on the traffic on Cherry Avenue caused by Mr. Roche's business. See my comment #3 above. 6. Regarding the PUBLIC WORKS QUESTIONNAIRE, please show me where the second access point onto Cherry Avenue is from the parcel in question. I have found only one. In question 3 the applicant states there are no existing or proposed access gates. One of the first things he put up was a huge chain link gate. 7. I am being told by Mr. Gathman of the Weld County Department of Planning Services that this area has been designated as a "Weld County Opportunity Zone". If so, I would like to know how this was done without input from the residents in the neighborhood? What is the requirement for such a zone to be designated, and who decided to designate our neighborhood as such? 8. In 1872 this neighborhood included part of the Union Colony Lands subdivision. This is noted that 2120 Cherry Avenue and the property just north of that parcel, were included in that historic subdivision which was recorded in 1891. I have found no evidence that historic designation was vacated. I find it strange that a recommendation to accept this rezoning request was made and printed it on the 3. of October 2022. The recommendation was made with NO input from the residents of the neighborhood that the rezoning would impact, even though we were sent postcards saying that we could "Comments or objections related to the request should be submitted in writing ...on or before the date of public hearing." I hope you will consider the objections of those who are being forced by your recommendations to live in the immediate vicinity of a commercial enterprise that makes our street more dangerous and sets a precedent that could ruin the entire residential neighborhood. If you decide to support this rezoning request, we ask that the Commissioners at least require that all traffic entering and exiting the property be required to do so from 24th Street and not access Cherry Avenue from the North, as this will at least lessen the impact of the additional vehicles on a street that is heavily used by pedestrians and that has no sidewalks. It is also nearly impossible for pedestrians to walk on the easement on the East side of Cherry Avenue, as a lateral irrigation ditch runs from E. 20th Street, on South past the 2120 property. It is so close to the road that there is no room to walk safely in that easement. Respectfully submitted, Barbara M. Flores 2045 Cherry Avenue WERNSMAN ENGINEERING AND LAND DEVELOPMENT LLC Eric Wemsman P.O. Box 105 LaSalle Co 80651 April 13, 2022 Weld County Development Review 1555 17th St Greeley, CO 80631 Re: Traffic Narrative Dane Roche Property at 2120 Cherry Ave Greeley CO. To Whom it May Concern: The project site is located at 2120 Cherry Ave Greeley Colorado. This project involves bringing an existing site in to compliance with Weld County Code. There will not be any new traffic generated above existing conditions. There is an existing single family residence and a maintenance service currently using the site The site will generally have a maximum of 5 round trips a day to the site with passenger cars and/or pickups. A pickup with a trailer may make round 4 trips to the site a week. There will be no semi traffic or tandem truck traffic to the site. The highest occurrence of traffic to the site will be during snow storms by pickups with snowplows. It is anticipated that the single family residence will generate approximately round 5 trips a day to the site with a passenger vehicle. The owner believes the peak hour for traffic in and out of this site will be from 5:30 AM to 6:00 AM and 4:00 PM to 4:30 PM as employees are coming to and leaving work. The owner anticipates that 90% of the traffic will leave to go south to Cherry Ave. and then west on 24th St to 1'` Avenue. The other 10% will leave going north on Cherry Ave. The returning trips will follow the same paths just in the opposite direction. Please feel free to contact this office with any questions. Cell #970-539-2656 or my email address is ejwerns25@gmail.com Sincerely, Eric Wernsman Hello