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Home My WebLink About20210336.tiffPlanner: Case Number: Owner: CHANGE OF ZONE SUMMARY SHEET Michael Hall COZ20-0008 Andersen Properties, LLC c/o Dean Andersen 1490 East 8'h Street, Greeley, Colorado 80631 Hearing Date: January 19, 2021 Representative: Lamp Rynearson c/o Daniel Alonzo 4715 Innovation Drive, Suite 100, Fort Collins, Colorado 80525 Request: Legal Description: Location: Acres: Change of Zone from the A (Agricultural) Zone District and C-3 (Business Commercial) Zone District to the I-3 (Heavy Industrial) Zone District Parcel #2 of Subdivision Exemption SE -1051; being a part of the S2NE4 and part of the N2SE4 Section 29, T6N, R65W of the 6th P.M., Weld County, Colorado Approximately 0.5 miles north of County Road 64 (O Street); Approximately 0.1 miles east of County Road 39 IA +/- 9.1 acres Parcel #. 0803-29-1-00-001 The criteria for review of this Change of Zone is listed in Section 23-2-30 of the Weld County Code. The Department of Planning Services' staff has received referral responses with comments from the following agencies: v Y Y City of Greeley, referral dated November 5, 2020 West Greeley Conservation District, referral dated November 9, 2020 Weld County Department of Public Works, referral dated October 27, 2020 Weld County Department of Planning Services - Floodplain, referral date October 20, 2020 Weld County Department of Public Health and Environment, referral dated October 29, 2020 The Department of Planning Services' staff has received referral responses without comments from the following agencies: ▪ Weld County Sheriff's Office, referral dated November 4, 2020 ▪ Weld County Zoning Compliance, referral dated October 16, 2020 ▪ North Weld County Water District, referral dated November 13, 2020 ▪ Colorado Department of Transportation, referral dated November 9, 2020 The Department of Planning Services' staff has not received responses from the following agencies: ▪ Union Pacific Railroad ▪ Eaton School District RE -2 ▪ Eaton Fire Protection District ▪ Greeley -Weld County Airport Y Weld County Assessor's Office COZ20-0008 Page 1 of 8 Planner: Case Number: Owner: CHANGE OF ZONE ADMINISTRATIVE RECOMMENDATION Michael Hall COZ20-0008 Andersen Properties, LLC c/o Dean Andersen 1490 East 8th Street, Greeley, Colorado 80631 Hearing Date: January 19, 2021 Representative: Lamp Rynearson c/o Daniel Alonzo 4715 Innovation Drive, Suite 100, Fort Collins, Colorado 80525 Request: Legal Description: Location: Acres: CASE SUMMARY: Change of Zone from the A (Agricultural) Zone District and C-3 (Business Commercial) Zone District to the I-3 (Heavy Industrial) Zone District Parcel #2 of Subdivision Exemption SE -1051; being a part of the S2NE4 and part of the N2SE4 Section 29, T6N, R65W of the 6th P.M., Weld County, Colorado Approximately 0.5 miles north of County Road 64 (O Street); Approximately 0.1 miles east of County Road 39 IA +/- 9.1 acres Parcel #. 0803-29-1-00-001 The subject Change of Zone seeks to rezone a split -zoned parcel of land, consisting of A (Agricultural) Zoning and a small portion of C-3 (Business Commercial) Zoning. The split -zoning appears to stem from a lack of detail and proper surveying when this portion of the County, located northeast of Greeley, was rezoned via Z-22, recorded July 6, 1962, reception #1385163. The parcel historically was Union Pacific railroad right-of-way and was conveyed from Union Pacific to Andersen Properties, LLC by deed, recorded on August 10, 2005, reception #3311587. Subdivision Exemption SE -1051 was recorded on March 22, 2006, reception #3372392, in order to adjust the property lines between a parcel retained by Union Pacific (Parcel #1) and the Andersen Properties, LLC site (Parcel #2). While the railroad right-of-way was largely abandoned along this corridor, a remnant spur remained and terminated on the Andersen parcel. This property and rail spur were permitted as an Industrial Use in the Agricultural Zone District for a railroad car loading area for recyclable materials from the Andersen Salvage yard via USR-1501, recorded April 4, 2006, reception #3376276. This permit was then amended by AmUSR-1501 to add another rail spur, recorded February 19, 2009, reception #3606322. The additional rail spur was never constructed. Both USRs did not accurately reflect the parcel boundary and erroneously did not mention that a portion of the lot was zoned C-3 (Business Commercial). Following Ordinance 2019-02, effective July 25, 2019, USRs for industrial uses in the Agricultural Zone District are no longer permittable or amendable unless expressly called -out in Section 23-3-40 of the Weld County Code. As this property contains a rail spur and includes the storage and loading of scrap metal materials from trucks onto rail, it is designated as a transloading facility which is not permittable in the A (Agricultural) or C-3 (Business Commercial) Zone Districts. Due to the fact that the applicant has proposed new modifications to this site, particularly the expansion of concrete storage and loading pads, the site must be re -permitted, as a transloading facility is permissible in select Industrial Zone Districts via a Site Plan Review. As a result, the pending Change of Zone and associated Site Plan Review SPR20-0013 seek to correct the faulty zoning and properly permit the facility. If the Change of Zone and Site Plan Review are approved, AmUSR-1501 will be completely vacated as a condition of approval of SPR20-0013. COZ20-0008 Page 2 of 8 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. 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.C.I states: "Transition between land uses and intensities with buffers. Uses that are incompatible with existing uses must be able to mitigate conflicts." While the proposed Change of Zone will better accommodate the existing land use of the subject parcel which was and is industrial in nature, the applicants have identified the opportunity to adequately buffer those surrounding land uses which are not industrial as part of this Change of Zone. Specifically, there are several small residential lots located to the east of the subject lot, within the Fagerberg Subdivision, which is zoned R-1 (Low -Density Residential). The draft Change of Zone plat designates the far eastern portion of the parcel, located east of railroad track terminus and the Eaton Draw, as a "No -Development Area". This area also contains lands designated as floodway and floodplain and shall serve as a buffer, which provides assurance to surrounding residential property owners of how close existing and future industrial activities may be to their properties. It is the supposition of the buffer that potential industrial nuisances will dissipate with distance and thereby conflicts will be mitigated between industrial and residential land uses. By incorporating a "No -Development Area" on the COZ plat, the possible distance that an industrial use could occur to a residence increases from approximately 300 -feet away to 660 -feet away. Section 22-2-40.A.5 states: "Encourage agglomeration economies of synergistic businesses." This property is located in an area that contains oil and gas production facilities, multiple railroad spurs, and commercial, industrial and agricultural processing businesses including outdoor storage yards, feedlots, metalworks and warehouses. This Change of Zone will rectify the zoning of the property to be more consistent with the use of the property and characteristics of the area. Additionally, the existing transloading use of this property is well suited due to the proximity to highway transportation corridors and major railroad networks. B. 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 surrounding lands area are predominately a mix of production agricultural and commercial and industrial uses, permitted under a variety of Site Plan Review and Use by Special Review permits. This Change of Zone to I-3 and the uses permittable in that Zone District will be compatible with the surrounding land uses. The Department of Planning Services sent notice to ten (10) surrounding property owners within 500 -feet of the subject parcel. No responses were received back. The subject site is located within City of Greeley's Long Range Expected Growth Area (LREGA). The 2060 Greeley Future Land Use Guidance Map identifies the subject site as an Employment, Industrial, and Commercial Area, which supports the proposed I-3 zoning. C. 23-2-30.A.3. — That adequate water and sewer service can be made available to the site to serve the uses permitted within the proposed zone district. No water is required to serve the site which is a narrow strip of land that contains the railroad spur and concrete storage and loading pads. Construction of structures requiring a permanent water source would be unlikely and would be addressed at the time of such permitting. Employees will bring bottled water to the site during the days that they are instructed to load COZ20-0008 Page 3 of 8 trains. North Weld County Water District had no concerns with this application, per the referral dated November 13, 2020. Andersen obtained a septic permit (SP -0800119) in 2008 for a 1,000 gallon concrete vault constructed in 2005 sized for two (2) people, tied to an on -site privy. Per the City of Greeley referral, dated November 5, 2020, if in the future, water and sanitary sewer service are requested to the property, then annexation into the City of Greeley will be required prior to the City of Greeley providing utility service. Because of the nature of the proposed Change of Zone and associated Site Plan Review, this is not required at this time. 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 landlocked and does not access directly onto any maintained roadway. Rather, at the northern terminus of the County Road 39 'h right-of-way, an access road travels east across Parcel #1 of SE -1051, owned by Union Pacific, before entering the subject parcel. A nonexclusive roadway easement agreement, recorded August 10, 2005, reception #3311586, is in place between Union Pacific and Andersen Properties which allows for vehicular and pedestrian access and ingress and egress and for the installation and operation of a one -inch (1") water line. The parcel accesses the regional transportation networks by means of a 0.5 mile connection south to O Street and a 0.35 mile connection west to US Highway 85. 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. — The proposed Change of Zone (COZ) is not located within the Historic Townsite, Airport, I-25 or Geological Hazard Overlay District. The proposed Change of Zone is located within a Special Flood Hazard Area. The Department of Planning Services - Floodplain referral dated October 20, 2020, provided conditions and considerations for development within this area. Compliance with the Floodplain requirements will be referenced as part of the COZ plat map and upon the time of future development of the property including during the Site Plan Review process. No construction will be located in the flood hazard areas. 2) Section 23-2-30.A.5.b. — The proposed Change of Zone does not interfere with the present or future extraction of mineral resources, more so than the existing zoning. Union Pacific holds the mineral interests on the property. No concerns were expressed by Union Pacific during the mineral notification component of this application. Additionally, when this site was developed in the past via USR, Union Pacific sent a letter, dated August 5, 2008, waiving the 30 -day notice requirement prior to the Planning Commission hearing for Amended USR-1501, further establishing that the mineral owner has reviewed this site and does not have an interest in mineral extraction in this location. 3) Section 23-2-30.A.5.c. — The use on the subject property will not change with the approval of this Change of Zone. The USDA Natural Resources Conservation Service (NRCS) Custom Soil Report, as submitted in the application materials, described the property containing a variety of fine and sandy loam soils that do not inhibit or preclude potential on - site construction. The West Greeley Conservation District provided information regarding the soils on the site, which corroborated the findings of the NRCS Soils Report. 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. COZ20-0008 Page 4 of 8 THE CHANGE OF ZONE FROM THE A (AGRICULTURAL) ZONE DISTRICT AND C-3 (BUSINESS COMMERCIAL) ZONE DISTRICT TO THE I-3 (HEAVY INDUSTRIAL) ZONE DISTRICT IS CONDITIONAL UPON THE FOLLOWING: 1. Prior to recording the plat: A. The applicant shall acknowledge the advisory comments from the City of Greeley, as stated in the referral response dated November 5, 2020. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Planning Services) B. The applicant shall address the concerns of the Department of Public Works Referral, dated October 27, 2020, relating to the proposed access location (access permit required). (Department of Public Works) 2. The Change of Zone plat shall delineate the following: A. All sheets of the plat shall be labeled COZ20-0008. (Department of Planning Services) B. The plat shall adhere to Section 23-2-50.D. of the Weld County Code. (Department of Planning Services) C. Show and label the "No -Development Area" with a hatched or shaded fill pattern. (Department of Planning Services) D. Show and label the Eaton Draw (centerline and extent of bank). (Department of Planning Services) E. All recorded easements and rights -of -way shall be delineated on the plat by book and page number or reception number. (Department of Planning Services) F. Show the floodplain and floodway (if applicable) boundaries on the map. Label the floodplain boundaries with the FEMA Flood Zone and FEMA Map Panel Number or appropriate study. (Department of Planning Services-Floodplain) G. County Road 39 IA 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. (Department of Public Works) H. The northern portion of County Road 39'A is an unmaintained right-of-way. The applicant shall verify and delineate on the map the unmaintained right-of-way from the lots to and including the connection to the maintained portion of County Road 39 'A. Reference the documents creating the right-of-way. All setbacks shall be measured from the edge of right-of-way. This road is not maintained by Weld County. Any unmaintained road needs to be located/identified in relationship to the right-of-way. Show and label the Right -of -Way as "CR 391A Right-of-way, Not County Maintained." (Department of Public Works) I. Show and label the existing access point and the usage type(s) (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) J. Show and label a 30 -ft. minimum access and utility easement to provide legal access to the parcel on the plat. (Department of Public Works) COZ20-0008 Page 5 of 8 3. The following notes shall be delineated on the Change of Zone plat: 1) Change of Zone, COZ20-0008 allows for I-3 (Heavy Industrial) Zone District uses which shall comply with the requirements 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 may be required to obtain approval through a Site Plan Review or Use by Special Review and the appropriate zoning and building permits. (Department of Planning Services) 3) 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) 4) A Flood Hazard Development Permit is required for all construction or development occurring in the floodplain or floodway as delineated on Federal Emergency Management Agency (FEMA) FIRM Community Panel Map # 08123C -1533F dated September 17, 2020 and LOMR 15-08-573P dated July 14, 2016 (Eaton Draw Floodplain). Any development shall comply with all applicable Weld County requirements, Colorado Water Conservation Board requirements as described in Rules and Regulations for Regulatory Floodplains in Colorado, and FEMA regulations and requirements as described in 44 CFR parts 59, 60, and 65. 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 Planning Services-Floodplain) 5) 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 Planning Services-Floodplain) 6) 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) 7) The Access will be utilizing unmaintained County right-of-way. Maintenance of the unmaintained County right-of-way will not be the responsibility of Weld County. (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 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) COZ20-0008 Page 6 of 8 14) The parcel is currently not served by a municipal sanitary sewer system. Sewage disposal may be by on -site wastewater treatment 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) 15) Activity or use on the surface of the ground over any part of the on -site wastewater treatment system 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) 16) 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) 17) 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) 18) 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) 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 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. 4. 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. 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. COZ20-0008 Page 7 of 8 5. 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. 6. 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. 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. COZ20-0008 Page 8 of 8 December 11, 2020 DEPARTMENT OF PLANNING SERVICES 1555 N 17th AVE GREELEY, CO 80631 WEBSITE: www.weldgov.com E-MAIL: mhall@weldgov.com PHONE: (970) 400-3525 FAX: (970) 304-6498 ALONZO DANIEL 4715 INNOVATION DRIVE FORT COLLINS, CO 80525 Subject: COZ20-0008 - Change of Zone from the A (Agricultural) Zone District and the C-3 (Business Commercial) Zone District to the 1-3 (Heavy Industrial) Zone District On parcel(s) of land described as: PART S2NE4 AND PART N2SE4 SECTION 29, T6N, R65W of the 6th P.M., Weld County, Colorado. Dear Applicants: I have scheduled a meeting with the Weld County Planning Commission on January 19, 2021 at 12:30 p.m. A subsequent hearing with the Board of County Commissioners will be held on February 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 Resprtfu I ly, - Michael Hall Planner Hello