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HomeMy WebLinkAbout20210679.tiffLAND USE APPLICATION STAFF COMMENTS Planner: Angela Snyder Hearing Date: February 16, 2021 Case Number: COZ20-0009 Owner: Duran Enterprises, LLC, c/o Ernest Duran, Manager Representative: JKP Consulting LLC, c/o Kris Pickett Site Address: 14332 County Road 64, Greeley, CO 80631 Request: Change of Zone from the A (Agricultural) Zone District to the I-2 (Medium Industrial) Zone District Legal Being a part of the NE4NW4 of Section 33, Township 6 North, Range 66 West of Description: the 6'" P.M., Weld County, Colorado Location: South of and adjacent to County Road 64, east of and adjacent to N. 71st Avenue Acres: ± 40 acres Parcel #: 0805-33-2-00-011 POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS The Department of Planning Services' staff has received responses from the following agencies: With Comment: v City of Greeley, referral dated January 9, 2021 Y West Greeley Conservation District, referral dated January 13, 2021 Y Weld County Department of Public Works, referral dated January 14, 2021 Y Weld County Department of Planning — Floodplain, referral dated December 29, 2020 Y Weld County Department of Public Health and Environment, referral dated January 12, 2021 Without Comment: Y Town of Windsor, referral dated December 18, 2020 Y Greeley Fire Department, referral dated December 23, 2020 Y Colorado Parks and Wildlife, referral dated December 28, 2020 Y Weld County Sheriff's Office, referral dated December 29, 2020 Y North Weld County Water District, referral dated January 15, 2021 Y Weld County Zoning Compliance, referral dated December 21, 2020 The Department of Planning Services' staff has not received responses from: Weld County Assessor Weld County School District RE -2 COZ20-0009 Page 1 of 9 Narrative The property owner, Ernest Duran, has requested a Change of Zone on a property zoned A (Agricultural) to I-2 (Medium Industrial). Potential uses for I-2 zoned properties can be found in Section 23-3-320 of the Weld County Code, and include the current uses of the property for fabricating, assembling and storage (Section 23-3-320.C.2), commercial storage buildings (Section 23-3-320.C.7), offices (Section 23-3-320.C.16), outdoor storage (Section 23-3-320.C.19) and vehicle maintenance (Section 23-3-320.C.31). A construction company and mini -storage are currently permitted by Site Specific Development Plan and Use by Special Review MUSR15-0010. The Use by Special Review Permit is only valid in the A (Agricultural) Zone District. A Site Plan Review is required as a condition of recording the Change of Zone plat. Changing the zone district of the property to I-2 would expand the types of uses available on the property. Any change in use or expansion, other than those items listed in Weld County Code Section 22-2-150.E, will require that the site meet urban standards for development including sanitary sewer provision. THE DEPARTMENT OF PLANNING SERVICES STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED BASED ON THE FOLLOWING CRITERIA. 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 December 17, 2020. 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.1. Encourage annexation of urban -scale development. Zone changes and subdivisions within one -quarter mile of municipal limits are strongly discouraged. Property owners who want to rezone or subdivide their property are encouraged to contact the municipality about annexation. The property is adjacent to the City of Greeley. Zone changes are strongly discouraged within one -quarter mile of a municipal limit in order to promote annexation of urban development for harmonious development which benefits both the County and the municipality. Weld County does not have a Coordinated Planning Agreement with the City of Greeley. The City, in the January 9, 2021 referral, indicated that annexation would be required should the property require water or sanitary services in the future. The Land Use Guidance Map for the City designates the northern portion of the property in the Northwest Industrial Rail Corridor and the southern portion in the Cache la Poudre River Corridor. The site design meets in the intended location for industrial development. Section 22-2-30.8.2. Urban -scale development shall only be placed where urban services, including public water, are available. Water and sewer service can be made available to the property. Section 22-2-30.C.1. Transition between land use types and intensities with buffers. Uses that are incompatible with existing uses must be able to mitigate conflicts. COZ20-0009 Page 2of9 Residential properties are separated from the industrial property by a hill and the Cache la Poudre floodplain. Screening from residential properties will be required on the site as it is further developed. Section 22-2-30.C.3. Encourage development that preserves land for agriculture, rangeland, wetlands, and critical habitats. and Section 22.2.50.C.2. Encourage development to locate outside of flood -prone areas to reduce the loss of life and property. The site includes floodplain, but the existing uses do not encroach into the floodplain. Section 2-2-30.D.2. Ensure that land use change proposals comply with applicable transportation plans, functional classifications, and access control plans adopted by the County. The proposal is located adjacent to two arterial roads, O Street (County Road 64) and 715' Avenue (County Road 29). Further development of the site will require that the roads and access be brought up to the standard for arterial roads. Section 22-2-40.A.1. Identify target areas where the County is able to encourage shovel - ready commercial and industrial development. The site is located in a Weld County Opportunity Zone and the North Greeley Rail Corridor Subarea, which indicates that the site may be a good location for commercial and industrial development including zone changes. Section 22-2-40.A.5. Encourage agglomeration economies of synergistic businesses. Other industrially zoned properties are located to the east of this property along O Street (County Road 64). As the City did not express an interest in annexing the property at this time, the application is compatible with the Comprehensive Plan. 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 proposal is located within the three-mile referral area of the City of Greeley and the Town of Windsor. The Town of Windsor, in the December 18, 2020 referral, indicated no concerns. The City of Greeley, in the January 9, 2021 referral, did not indicate any concerns with the proposed industrial zoning of the property. The adjacent property to the east within the city limit is zoned I -M (Medium Industrial) and is being used industrially by multiple businesses including Loveland Industries Company, Zateca Food, Inc., and Colorado Bean Inc.. The property is adjacent on two sides to roads classified on the Weld County Functional Classification Map as arterial and is within one hundred feet of the Great Western Railroad. The site is within a Weld County Opportunity Zone. The site is within the North Greeley Rail Corridor Subarea with most of the property designated as Rail Centric Employment Center. The southern portion of the property is located within the Cache la Poudre floodplain and is designated for floodplain and commercial gravel mining. Viable gravel resource located adjacent to the west. The property is currently occupied by businesses permitted by use by Special Review Permit, MUSR15-0010, for an excavation company and mini -storage. Potential uses for I-2 zoned properties can be found in Section 23-3-320 of the Weld County Code, including the current uses of the property for fabricating, assembling and storage (Section 23-3-320.C.2), commercial storage buildings (Section 23-3-320.C.7), offices (Section 23-3-320.C.16), COZ20-0009 Page 3of9 outdoor storage (Section 23-3-320.C.19) and vehicle maintenance (Section 23-3- 320.C.31).The existing uses are compatible with the I-2 (Medium Industrial) Zone District. Referrals without concerns were received from the following agencies: North Weld County Water District, Greeley Fire Department, Weld County Sheriff's Office and Colorado Parks and Wildlife. There are two (2) residences on A (Agricultural) zoned properties located to the south. Adequate screening would be required through the site plan process, should the site be further developed in Weld County. Any future industrial uses will have to be approved through a Site Plan Review or Use by Special Review process. The site cannot be classified as nonurban-scale development, so any expansion of the site will require water and sewer service, and therefore annexation. The Conditions of Approval and Development Standards applied to this Change of Zone and further site planning processes will adequately address and mitigate potential impacts. The City of Greeley also included several advisory statements concerning future development of the site. Due to the proximity of the rail line, major transportation networks, and the presence of other industrial operations in the vicinity, a Change of Zone to I-2 (Medium 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 two North Weld County Water District taps (Account #s 5188001 and 1009002) for water service. The site is served by five (5) septic systems for sewer service, permit numbers 619949180, 619940564, SP -1300256, SP -1500034, and SP -1800298. A City of Greeley sewer line crosses the property. Weld County Environmental Health Services included plat notes addressing potable water and sewer on the 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 is adjacent on two sides to paved roads classified on the Weld County Functional Classification Map as arterial and is within one hundred feet of a railroad. Industrial uses are encouraged to be located near rail and arterial roads or highways. The Department of Public Works, in the January 13, 2021 referral, indicated that road improvements would be required if the property use were to be further developed through Weld County. 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. A portion of the property is located in a FEMA 1% Annual Chance Special Flood Hazard Area. Developing in that portion of the site would require compliance with Weld County floodplain regulations. The portion of the site being used industrially is not in the floodplain. The site is located in an Urbanizing Drainage Area. The site is not located within the following overlay districts officially adopted by the County, including airport, geologic, historic, or MS4 overlay district. COZ20-0009 Page 4of9 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. According to the geotechnical report dated May 23, 2019 and submitted with the application, some sand and gravel does exist beneath the site, but did not indicate that the amount was considered commercially viable. The site, as it is currently permitted, would not inhibit the extraction of the minerals. 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 Preliminary Geotechnical Engineering Report, dated May 23, 2019, indicated "The subsurface soils at the site consisted of varying layers of silty sand, silty clayey sand and well graded sand with gravel to depths of 15 feet. Groundwater was encountered at depths of approximately 4.5 to 8.5 feet below existing site grade. The results of [the] field exploration and laboratory testing indicate that the soils are non -expansive and have low load bearing capabilities. The soil types should provide a stable subgrade for pavement, although the relatively shallow groundwater may lead to areas of instability. Septic systems are feasible although the shallow groundwater may require adjustment of the leach field elevations." 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 shall be conditional upon the following: 1. Prior to recording the plat: A. All signs and display vehicles shall be removed from the public right-of-way. B. A Site Plan Review application shall be submitted to the Department of Planning Services in accordance with Weld County Code Section 23-2-150.C., "No land, building or structure shall be used, changed in use or type of occupancy, developed, erected, constructed, reconstructed, moved or structurally altered or operated in any zone district that requires a Site Plan Review until a Site Plan Review has been approved and a Site Plan Review map recorded by the Department of Planning Services." C. The plat shall be amended to include the following: 1. All pages of the plat shall be labeled COZ20-0009. (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 64 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 COZ20-0009 Page 5of9 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. North 715' Avenue 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) 6. Show and label the existing access points and the usage types (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) 2. The following notes shall be delineated on the Change of Zone plat: 1) The Change of Zone, COZ20-0009, allows for I-2 (Medium Industrial) uses which shall comply with the I-2 (Medium 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 onsite must obtain the appropriate zoning and building permits. (Department of Planning Services) 4) Industrial development will 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) All access and utility easements are dedicated for the benefit of all owners of lots depicted COZ20-0009 Page 6of9 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) 10) 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) 11) 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) 12) 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) 13) The historical flow patterns and runoff amounts will be maintained on the site. (Department of Public Works) (Department of Public Works) 14) Water service may be obtained from North Weld County Water District. (Department of Public Health and Environment) 15) The parcel is currently not served by a municipal sanitary sewer system. Sewage disposal may be by 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) 16) 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) 17) 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) 18) 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) 19) 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) 20) 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 COz20-0009 Page 7of9 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. 21) WELD COUNTY RIGHT TO FARM STATEMENT: 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 "but 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. 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 COz20-0009 Page 8of9 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. 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. A. 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. B. 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. C. In accordance with Weld County Appendix 5-J, 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. COZ20-0009 Page 9of9 January 21, 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 PICKETT CHRIS 1211 9TH STREET GREELEY, CO 80631 Subject: COZ20-0009 - Change of Zone from the A (Agricultural) Zone District to the I-2 (Medium Industrial) Zone District On parcel(s) of land described as: NE4NW4 SECTION 33, T6N, R66W of the 6th P.M., Weld County, Colorado. Dear Applicants: I have scheduled a meeting with the Weld County Planning Commission on February 16, 2021 at 12:30 p.m. A subsequent hearing with the Board of County Commissioners will be held on March 10, 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 Res pectfu I ly, � ,f it � �. 4~ C J Angela Snyder Planner Hello