HomeMy WebLinkAbout20201420.tiffLAND USE APPLICATION
SUMMARY SHEET
Planner: Kim Ogle Hearing Date: May 5, 2020
Case No: COZ20-0003
Applicant: Darwin and Doug Derr, 699 1s' Avenue, Greeley, CO 80631
Representative: JC York, J&T Consulting, Inc. 305 Denver Avenue, Fort Lupton, CO 80621
Request: Change of Zone from the A (Agricultural) Zone District to the 1-2 (Medium
Industrial) Zone District
Legal Lot A Recorded Exemption, RECX16-0165 being part of NE4 of Section 4, T5N,
Description: R65W of the 6th P.M., Weld County, CO
Location: East of and adjacent to N. Balsam Avenue; approximately 1100 Feet south of
East "C" Street (County Road 62)
Acres: +/- 8.5 acres Parcel #. 0961-04-1-00-010
POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS
The Department of Planning Services' Staff has received responses with comments from the following
agencies:
Weld County Zoning Compliance, referral dated March 12, 2020
Y Weld County Department of Public Works, referral dated March 24, 2020
Y Weld County Department of Public Health and Environment, referral dated March 27, 2020
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
Y Western Hills (Greeley) Fire Protection District, referral dated March 12, 2020
Y City of Garden City, referral dated March 17, 2020
Y City of Evans, referral dated March 19, 2020
Y City of Greeley, referral dated April 2, 2020
The Department of Planning Services' staff has not received responses from the following agencies:
V V V V V V
Town of Kersey
Noble Energy, Inc
City of Greeley Water
Colorado Parks and Wildlife
Greeley -Weld Airport Authority
North Weld County Water District
West Greeley Conservation District
COZ20-0003
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ADMINISTRATIVE RECOMMENDATION
CHANGE OF ZONE
Planner: Kim Ogle Hearing Date: May 5, 2020
Case No: COZ20-0003
Applicant: Darwin and Doug Derr, 699 15' Avenue, Greeley, CO 80631
Representative: JC York, J&T Consulting, Inc. 305 Denver Avenue, Fort Lupton, CO 80621
Request: Change of Zone from the A (Agricultural) Zone District to the 1-2 (Medium
Industrial) Zone District
Legal Lot A Recorded Exemption, RECX16-0165 being part of NE4 of Section 4,
Description: T5N, R65W of the 6th P.M., Weld County, CO
Location: East of and adjacent to N. Balsam Avenue; approximately 1100 Feet south of
East "C" Street (County Road 62)
Acres: +/- 8.5 acres Parcel #. 0961-04-1-00-010
Narrative:
This property held a split zone district designation up until about one year ago when the Board of County
Commissioners approved a change of zone (COZ19-0001) from R-1 (Low Density Residential) and A
(Agricultural) Zone District to the A (Agricultural) Zone District to allow the property owner at the time to
apply for an aggregate mine permit. Since this 2019 date, the property was conveyed on November 6,
2019 to Darwin and Doug Derr who seek to re -zone the property to the 1-2 (Medium Industrial) Zone
District.
There is an active Zoning Violation (ZCV18-00234) initiated due to the storage of both operational and
nonoperational Commercial Vehicles and equipment without first completing the necessary Weld County
Zoning Permits. This case has been forwarded to the County Attorney's Office.
Approval of this application by the Board of County Commissioners would allow the applicant to submit a
Site Plan Review (SPR) application; however, the violation case (ZCV18-00234), nor the associated court
case (19-C-32840) can be dismissed until all Conditions of Approval have been completed and the final
map has been recorded for the subsequent SPR permit.
If this application is denied, this case will continue through the Violation process in County Court, Division
C (19-C-32840). The following conditions were called out on the court ordered Motion and Stipulated
Agreement.
Defendants agree to diligently purse the Change of Zone (COZ) application process through
the Department of Planning Services and eventually the Board of County Commissioners.
Defendants agree to supply any missing or clarifying paperwork as requested and to attend
scheduled hearings/meetings in order to process this COZ application. If this COZ application
is approved, a complete Site Plan Review (SPR) application shall be submitted to the
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Department of Planning Services on or before August 28, 2020, this action would initiate an
amended Stipulated Agreement (for processing purposes). If this COZ application is denied,
all storage shall be removed from the property on or before August 28, 2020.
The applicant's and Weld County Zoning Compliance have a hearing date of September 21, 2020
scheduled in County Court, Division C.
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 22-2-20.1.2 - A.Policy 9.2. states "Consider the individuality of the characteristics and the
compatibility of the region of the County that each proposed land use change affects, while
avoiding requirements that do not fit the land use for that specific region."
The City of Greeley's 2060 Comprehensive Plan Land Use Guidance Map adopted March 4, 2009
identifies lands east of Highway 85 and north of the Cache La Poudre River as being a part of the
"Northeast Industrial Area" and are available for future industrial development.
The City of Greeley updated their Comprehensive Plan entitled Imagine Greeley Comprehensive
Plan adopted on February 6, 2018. The associated Land Use Guidance map designates lands
east of Highway 85 and north of East 8th Street as "Employment, Industrial and Commercial areas
with North Cherry Avenue identified as a multi -modal corridor."
The City of Greeley in their referral dated April 2, 2020 provided general advisory comments
indicating "the subject sites are within the City of Greeley's Long Range Expected Growth Area
(LREGA). Moreover, Greeley's Land Use Guidance Map illustrates that the subject site is in an
area that the community has dedicated to industrial -manufacturing. As well as other employment
uses such as research and development, office parks, and distribution and logistics centers.
However, high impact heavy -industrial land uses that generate excessive noise, fumes, odors, or
other impacts are discouraged. The proposed rezoning, and associated uses on the subject site,
are a supportable land use."
The proposed Change of Zone is compatible with the current Comprehensive and Future
Development Plans for the City of Greeley.
The City of Evans and City of Garden City and the Town of Kersey are within the three (3) mile
referral area. The City of Evans responded with no concerns in their referral dated March 19,
2020 and the City of Garden City responded with no concerns in their referral dated March 17,
2020, and the Town of Kersey did not respond.
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 Department of Planning Services sent out four (4) notices to surrounding property owners
and have received no letters in opposition to the change of zone request.
Lands to the north and east were re -zoned to A (Agricultural) under COZ19-0001 on
September 11, 2019 and recorded under Reception number 4546891 on December 4, 2019.
Adjacent properties to the south and west are zoned A (Agricultural). Proposed land uses to
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the north and east are for the expansion of the current Mineral Resource Development Facilities
including open pit mining — sands, gravels and stones and materials processing; stockpiling,
recycling and processing of demolition material (asphalt and concrete) and the importation of soil
amendments (topsoil, peats and compost) currently under advisement per 2MJUSR19-08-1660
and located to the south of this property, and to the west is 2MUSR16-85-690 Mineral
Resource Development Facilities, including aggregate mining which is in the process of
reclamation through the DRMS and will create a water storage lake for agriculture, municipal
and industrial users.
The property is also within the Airport Overlay District and Airport Critical Flight Zone. The
proposed Change of Zone does not obstruct the airspace, or is otherwise hazardous to, the flight
of aircraft in landing or taking off at the airport.
There are two (2) residences in the immediate area, one immediately to the north of the property
that is within the proposed Global Asset Recovery Mine expansion area and the second to the
northwest, west of N. Balsam Avenue at the top of the hill south of "C" Street.
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 City of Greeley will be the water provider for the proposed non-residential project located in
the North Weld/City of Greeley Water Service boundary per the intergovernmental agreement
between the City of Greeley and the North Weld County Water District. An on -site wastewater
treatment systems (OWTS) will provide sewer services are proposed for development of the
property.
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.
Weld County Public Works has reviewed the application materials related to access. The
applicant has proposed that the parcel continue to use the existing permitted access (AP16-
00450) on to County Road 41 1/2 (Balsam Avenue). No new access permit is requested.
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. - According to the "Geologic Hazard Area Map of Potential
Ground Subsidence Areas in Weld County, Colorado", dated May 10, 1978, the site is
not in a geologic hazard area.
According to the According to the Federal Emergency Management Agency Flood
Insurance Rate Map (FIRM) Map Number 08123C -1541E, effective date January 20,
2016, the change of zone area does not lie within a flood zone area.
Based on the Greeley -Weld County Airport "Airport Layout Plan", Sheet 8 of 21 "Airport
Airspace Drawing" dated December 2016, the site is in the Weld County Airport overlay
district area.
2) Section 23-2-30.A.5.b. - J&T Consulting, Inc. obtained a statement from the Professional
Engineer dated January 7, 2020 stating" The parcel described as Lot A of RECX 16-0165
which is 8.438 acres in the SW 1/4 of the NE 1/4 of Section 4, Township 5 North, Range 65
West of the 6th P.M. contains a small sand and gravel resource. Sand and gravel are present
to an approximate depth of 70 feet throughout the parcel. The parcel can be considered to
contain a sand and gravel deposit; however the parcel is currently occupied by oil and gas
facilities on the western 1/3rd of the property and an oil/gas pipeline easement that runs from
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east to west approximately 75' north of the south property line. The property is very small and
would not be considered economically feasible for sand and gravel mining."
The Weld County Sand, Gravel Resources map, based on information obtained from
Colorado Geological Survey Special Publication 5-A, 1974 defines the Landform Units as
Stream -Terrace deposits: Older stream deposits now preserved as benches flanking present
stream courses and are comprised of water deposited gravel, sand, silt, and clay. Given the
size of the parcel and the current infrastructure on the property, the economic viability of a
mineral extraction appears to be non -viable.
3) Section 23-2-30.A.5.c. - Research conducted by the applicant based on Natural Resources
Conservation Service soil reports indicate that the soils do not have moderate or severe
limitations for construction. Permanent structures are not planned for the site. If a
permanent structure is constructed on the site in the future, an engineering design will be
done for the structure to ensure that its foundation is appropriate for the soils found where
it is constructed.
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 from the A (Agricultural) Zone District to 1-2 (Medium Industrial) Zone District is
conditional upon the following:
1. Prior to recording the plat:
A. All commercial vehicles located on the property must be operational with current license plates or
be removed from the property. All other items considered to be part of a noncommercial junkyard
must also be removed from the property.
B. The plat shall be amended to delineate the following:
1. All pages of the plat shall be labeled COZ20-0003. (Department of Planning Services)
2. The plat shall adhere to Section 23-2-50.C and D. of the Weld County Code. (Department of
Planning Services)
3. All recorded easements shall be shall be shown and dimensioned on the Change of Zone
plat. (Department of Planning Services)
4. All approved accesses shall be delineated on the plat. (Department of Public Works)
5. County Road 41 1/2 is a gravel 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. The applicant shall also delineate the physical location of the roadway. Pursuant
to the definition of setback in the Weld County Code Section 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 point and the usage types (Agriculture, Residential,
Commercial/Industrial, or Oil and Gas). Public Works will review access locations as a part of
the plat submittal. (Department of Public Works)
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7. 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)
C. The following notes shall be delineated on the Change of Zone plat:
1. Change of Zone, COZ20-0003, allows for 1-2 (Medium Industrial) uses which shall comply
with the requirements as set forth in Chapter 23, Article III, Division 4 of the Weld County
Code. (Department of Planning Services)
2. 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)
3. Any future structures or uses on site must obtain approval through a Site Plan Review.
(Department of Planning Services)
4. Water service may be obtained from the City of Greeley per the intergovernmental agreement
between the City of Greeley and North Weld County Water District. (City of Greeley)
5. The parcel is currently not served by a municipal sanitary sewer system. Sewage disposal
may be by septic systems designed in accordance with the regulations of the Colorado
Department of Public Health and Environment, Water Quality Control Division and the Weld
County Code in effect at the time of construction, repair, replacement, or modification of the
system. (Department of Public Health and Environment)
6. 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)
7. 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)
8. 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)
9. 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)
10. 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)
11. 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)
12. 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)
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13. 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)
14. 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)
15. The historical flow patterns and runoff amounts will be maintained on the site. (Department of
Public Works)
16. Building permits may be required, per Section 29-3-10 of the Weld County Code. Currently,
the following have been adopted by Weld County: 2018 International Codes, 2006
International Energy Code, and 2017 National Electrical Code. A Building Permit Application
must be completed and two (2) complete sets of engineered plans bearing the wet stamp of a
Colorado registered architect or engineer must be submitted for review. A Geotechnical
Engineering Report, performed by a Colorado registered engineer, shall be required or an
Open Hole Inspection. (Department of Planning Services)
17. 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)
18. 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)
19. 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 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.
20. 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
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agricultural practices to accommodate the intrusions of urban users into a rural area. Well -
run agricultural activities will generate off -site impacts, including noise from tractors and
equipment; slow -moving farm vehicles on rural roads; dust from animal pens, field work,
harvest and gravel roads; odor from animal confinement, silage and manure; smoke from
ditch burning; flies and mosquitoes; hunting and trapping activities; shooting sports, legal
hazing of nuisance wildlife; and the use of pesticides and fertilizers in the fields, including the
use of aerial spraying. It is common practice for agricultural producers to utilize an
accumulation of agricultural machinery and supplies to assist in their agricultural operations.
A concentration of miscellaneous agricultural materials often produces a visual disparity
between rural and urban areas of the County. Section 35-3.5-102, C.R.S., provides that an
agricultural operation shall not be found to be a public or private nuisance if the agricultural
operation alleged to be a nuisance employs methods or practices that are commonly or
reasonably associated with agricultural production.
Water has been, and continues to be, the lifeline for the agricultural community. It is
unrealistic to assume that ditches and reservoirs may simply be moved "out of the way" of
residential development. When moving to the County, property owners and residents must
realize they cannot take water from irrigation ditches, lakes, or other structures, unless they
have an adjudicated right to the water.
Weld County covers a land area of approximately four thousand (4,000) square miles in size
(twice the size of the State of Delaware) with more than three thousand seven hundred
(3,700) miles of state and County roads outside of municipalities. The sheer magnitude of
the area to be served stretches available resources. Law enforcement is based on
responses to complaints more than on patrols of the County, and the distances which must
be traveled may delay all emergency responses, including law enforcement, ambulance, and
fire. Fire protection is usually provided by volunteers who must leave their jobs and families
to respond to emergencies. County gravel roads, no matter how often they are bladed, will
not provide the same kind of surface expected from a paved road. Snow removal priorities
mean that roads from subdivisions to arterials may not be cleared for several days after a
major snowstorm. Services in rural areas, in many cases, will not be equivalent to municipal
services. Rural dwellers must, by necessity, be more self-sufficient than urban dwellers.
People are exposed to different hazards in the County than in an urban or suburban setting.
Farm equipment and oil field equipment, ponds and irrigation ditches, electrical power for
pumps and center pivot operations, high speed traffic, sand burs, puncture vines, territorial
farm dogs and livestock, and open burning present real threats. Controlling children's
activities is important, not only for their safety, but also for the protection of the farmer's
livelihood.
3. Upon completion of Conditions of Approval 1. 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.
4. In accordance with Weld County Code Ordinance #2012-3, approved April 30, 2012, should the
Change of Zone 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 three (3) month period.
COZ20-0003
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March 10, 2020
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.weldgov.com
E-MAIL: kogle@weldgov.com
PHONE: (970) 400-3549
FAX: (970) 304-6498
YORK JC
305 DENVER AVENUE, SUITE D
FORT LUPTON, CO 80621
Subject: COZ20-0003 - CHANGE OF ZONE FROM THE A (AGRICULTURAL) ZONE DISTRICT TO
THE 1-2 (MEDIUM INDUSTRIAL) ZONE DISTRICT
On parcel(s) of land described as:
LOT A REC EXEMPT RECX16-0165, PART NE4 SECTION 4, T5N, R65W OF THE 6TH P.M., WELD
COUNTY, COLORADO.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on May 5, 2020, at 12:30 p.m.
A subsequent hearing with the Board of County Commissioners will be held on May 20, 2020 at 10:00
a.m. Both hearings will be held in the Hearing Room, Weld County Administration Building, 1150 O
Street, Greeley, Colorado. It is recommended that you and/or a representative be in attendance to
answer any questions the Planning Commission members or Board of County Commissioners may
have.
Colorado Revised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01-1088) requires notification of
all mineral estate owners 30 days prior to any public hearing. The applicant needs to provide the Weld
County Planning Department with written certification indicating the above requirement has been met.
A representative from the Department of Planning Services will be out to the property a minimum of ten
days prior to the hearing to post a sign, adjacent to and visible from a publicly maintained road
right-of-way which identifies the hearing time, date, and location. In the event the property is not
adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent place
on the property and a second sign posted at the point at which the driveway (access drive) intersects a
publicly maintained road right-of-way.
The Department of Planning Services' staff will make a recommendation concerning this application to
the Weld County Planning Commission and will be included in the staff report one week prior to the
scheduled Planning Commission hearing. You may view the staff report at
https://accela-aca.co.weld.co.us/CitizenAccess
If you have any questions concerning this matter, please call.
Respectfully,
Planner
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