HomeMy WebLinkAbout20202761.tiffPlanner:
Case
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Site Address:
Request:
Legal
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Location: Approximately 800 feet east of 1st Avenue; Approximately 0.36 miles north of
State Highway 263 (8'" Street).
Acres:
Maxwell Nader
COZ20-0005
LAND USE APPLICATION
SUMMARY SHEET
Hearing Date: August 18, 2020
Brian K. Harrell c/o Todd Hodges Design, LLC c/o Todd Hodges
288 181 Avenue Greeley, CO 80631
Change of Zone from the C-3 (Business Commercial) and R-1 ( Low -Density
Residential) Zone District to the A (Agricultural) Zone District
Lot 1 of the SW4 NW4 and Lot 4 of the NW4 NW4 of Union Colony Lands;
being a part of Section 4, T5N, R65W of the 6th P.M., Weld County, CO
+/- 16.9 acres Parcel #. 0961-04-2-00-002
POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS
The Department of Planning Services' staff has received referral responses with comments from
the following agencies:
Weld County Zoning Compliance, referral dated June 24, 2020
Y Western Greeley Conversation District, referral dated July 13, 2020
Y Weld County Department of Public Works, referral dated June 29, 2020
Y State of Colorado, Division of Water Resources, referral dated June 24, 2020
Y Weld County Department of Planning Services — Floodplain, referral dated July 7, 2020
Y Weld County Department of Public Health and Environment, referral dated July 20, 2020
The Department of Planning Services' staff has received referral responses without comments
from the following agencies:
Y City of Greeley, referral dated July 9, 2020
Y Town of Garden City, referral dated July 8, 2020
Y Greeley Fire Department, referral dated June 24, 2020
Y State of Colorado, Division of Transportation, referral dated July 9, 2020
The Department of Planning Services' staff has not received responses from the following
agencies:
City of Evans
Weld County School District RE -6
COZ20-0005
Page 1 of 8
Planner:
Case
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Request:
Legal
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ADMINISTRATIVE RECOMMENDATION
CHANGE OF ZONE
Maxwell Nader
COZ20-0005
Hearing Date: August 18, 2020
Brian K. Harrell do Todd Hodges Design, LLC do Todd Hodges
288 15' Avenue Greeley, CO 80631
Change of Zone from the C-3 (Business Commercial) and R-1 ( Low -Density
Residential) Zone District to the A (Agricultural) Zone District
Lot 1 of the SW4 NW4 and Lot 4 of the NW4 NW4 of Union Colony Lands;
being a part of Section 4, T5N, R65W of the 6th P.M., Weld County, CO
Approximately 800 feet east of 1st Avenue; Approximately 0.36 miles north of
State Highway 263 (81h Street).
+/- 16.9 acres Parcel #. 0961-04-2-00-002
Narrative:
The applicants are requesting to rezone the property from the C-3 (Business Commercial) and R-
1 ( Low -Density Residential) Zone District to the A (Agricultural) Zone District. This Change of
Zone will correct a split zoning designation. The existing zoning, Z-22, was approved by the
Board of County Commissioners on July 6, 1962 via Reception No. 1385163. The purpose of the
zone change is not documented. This zone changed included multiple properties in the northeast
Greeley are. This included multiple properties and multiple different zones, such as (A)
Agricultural, (E) Estate, (R) Residential, (B) Business, (C) Commercial, (I) Industrial and (O)
Open. This Change of Zone will stay in line with the original zone change and will allow for the
continuation of Oil and Gas extraction as a use by right and will allow the applicant to
appropriately permit the two (2) dwellings located on site via a Non-Comforming Use Permit or
Use by Special Review Permit.
There is an active Zoning Violation (ZCV19-00076) initiated due to the storage of Commercial
Vehicles and equipment, the presence of two homes built in 1910 and 1981 and a visible
Noncommercial Junkyard on a lot with C -3/R-1 split zoning. This case has not been forwarded to
the County Attorney's Office.
Approval of this application by the Board of County Commissioners would allow the applicant to
screen the Noncommercial Junkyard, submit a Use by Special Review (USR) Permit for the
second dwelling and allow one Commercial Vehicle on site as a Use by Right. The additional
Commercial Vehicles and equipment would need to be removed from the property.
If this application is denied, the Department of Planning Services asks that the Board refer this
case to the County Attorney's Office for legal action, but to delay legal action for 30 (thirty) days
to remove the Noncommercial Junkyard, one Dwelling Unit and the Commercial Vehicles and
associated commercial storage and operations from the property.
COZ20-0005
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 22-2-20.D. - A.Goal 4. Promote a quality environment which is free of derelict
vehicles, refuse, litter and other unsightly materials.
The current property is in a zoning violation, ZCV19-00076, due to the storage of
commercial vehicles and equipment, two homes and a visible non-commercial junkyard.
This proposed Change of Zone and subsequent NCU or USR will correct the outstanding
violation and split zoning issue if approved. The requested approval action will also clean
up the property significantly and will require the applicant to appropriately manage the
commercial vehicles by having them removed from the property and by screening the
non-commercial junkyard so that it is not a visual impact to the surrounding neighbors.
Section 22-2-20.1. - A. Goal 9. Reduce potential conflicts between varying land uses in the
conversion of traditional agricultural lands to other land uses.
This proposed Change of Zone will be appropriately correcting a split zoning of C-3
(Business Commercial) and R-1 (Low -Density Residential) Zone District to the A
(Agricultural) Zone District. This zoning change will additionally correct current problems
that are on the property such as an existing oil and gas facility that will become a Use By
Right in the (A) Agricultural Zone District. Furthermore, it will allow the applicant to apply
for a Non -Conforming Use or Use by Special Review Permit for the second home on the
property which is a permit allowed to be applied for in an Agricultural Subdivision such
as Union Colony Lands.
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 Weld County Department of Planning Services sent notice to eighteen (18)
surrounding property owners within five hundred (500) feet. There were no responses
received from any of the surrounding property owners.
The properties to the west are zoned C-3 (Business Commercial) and R-1 (Low -Density
Residential). The property to the east is zoned A (Agricultural). The property to the north
is zoned R-1 (Low -Density Residential) and the property to the south is zoned 1-2
(Medium Industrial). The uses within the surrounding properties include a Gravel Mining
Operation permitted through 2MUSR16-85-690, Site Plan Reviews for storage and
vehicle repair businesses. Other uses include oil and gas, residential and grazing land.
The subject property will continue to be used for the use it has primarily been used for
which is residential and oil and gas. At the time of initiating the violation, ZCV19-00076,
the property had parking and storage of commercial vehicles. A site visit took place on
August 7, 2020 and it appears there is no longer the large number of commercial vehicles
on site when the original violation was started but there are still a few commercial
vehicles on site that need to be addressed.
COZ20-0005
Page 3 of 8
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.
As stated previously the property has an existing well on site, well permit no. 226878-A.
Permit no. 226878-A allows the use of the well for fire protection, ordinary household
purposes inside two (2) single-family dwellings, the irrigation of not more than 10,000
square feet of home gardens and lawns, and the watering of domestic animals. The
Colorado Division of Water Resources does not have any concerns with the proposed
Change of Zone and states the this Change of Zone will not affect the existing well permit
per their referral dated June 25, 2020.
The two homes on site are served by unpermitted on -site wastewater treatment systems
(OWTS). Upon approval of the Use by Special Review Permit the OWTS will be reviewed
through the Statement of Existing and if the systems are found to be inadequately sized
for the proposed use, the systems will be required to be brought in to compliance with
current OWTS regulations per the Weld County Department of Public Health and
Environment Referral dated July 20, 2020.
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 accesses off of 1st Avenue via private easement. This easement has been
the historic access used by the property and the other three (3) properties for many
years. The applicant is required to submit a recorded access agreement between all
property owners as a condition of approval to insure current and future owners of the
subject property have sufficient access. 1st Avenue is with a spur from State Highway 85
therefore the Colorado Division of Transportation (CDOT) was sent a referral. CDOT had
no concerns or comments with the proposed Change of Zone as stated in their referral
dated July 9, 2020.
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 is not located within an
Overlay District or Geological Hazard Area. The proposed Change of Zone is located
in a Special Flood Hazard Area. The Department of Planning Services — Floodplain
per their referral dated July 7, 2020, is requiring to show the floodplain boundaries on
the map and has provided comments to be incorporated as Development Standards
but does not have any further concerns with the Change of Zone proposal.
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. No comments from the mineral
owner were received. Additionally, the parcel of land is part of a platted subdivision,
Union Colony Lands Subdivision approved on April 7'" 1891.
3) Section 23-2-30.A.5.c. - The Natural Resources Conservation Service Soil Survey
dated April 10, 2020 indicated Aquolls, Aquents and Ustic Torriothents soils were
encountered.
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.
Change of Zone, COZ20-0005, from the C-3 (Business Commercial) and R-1 ( Low -Density
Residential) Zone District to the A (Agricultural) Zone District is conditional upon the following:
COZ20-0005
Page 4 of 8
1. Prior to recording the plat:
A. There is a Use by Special Review Permit USR-1089, Reception # 2530761, for an Oil
and Gas Production Facility in the R-1 (Low Density Residential) and 1-2 (Industrial) Zone
Districts. This USR encompasses the entire subject property. The applicant shall address
the continued operation of USR-1089 and which lot(s) it is to be associated with. The
applicant shall have a partial vacation completed prior to recording the Change of Zone
map.
2. There is a Use by Special Review Permit USR-1656 for an Oil and Gas Production
Facility that was approved by the Board of County Commissioners by signed Resolution
on August 20th, 2008. USR-1656 plat was never recorded therefore never perfecting the
USR. The applicant shall request to have USR-1656 rescinded prior to recording the
Change of Zone map.
C. The applicant has indicated that there are two (2) dwellings on proposed Change of Zone
Lot. The applicant shall submit a Non -Conforming Use or Use by Special Review (USR)
application and pay the associated fees to the Weld County Department of Planning
Services for the secondary home located on proposed Change of Zone property or
convert the second home into an accessory structure.
D. The applicant shall submit to the Weld County Department of Planning Services a
recorded copy of any agreement signed by all of the owners of the property crossed by
the access. The access shall be for ingress and egress and shall be referenced on the
plat by the Weld County Clerk and Recorders reception number. (Department of Planning
Services)
E. All vehicles located on the property must be operational with current license plates, or be
screened from all adjacent properties and public rights of way, or be removed from the
property. All other items considered to be part of a noncommercial junkyard must also be
removed from the property or screened from adjacent properties and public rights -of -way.
F. The plat shall be amended to delineate the following:
1. All pages of the plat shall be labeled COZ20-0005. (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. 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)
5. 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)
6. Show the Colorado Department of Transportation (CDOT) right-of-way on the plat
along with the documents creating the right-of-way. (Department of Public Works)
7. Show the approved Colorado Department of Transportation (CDOT) access point on
the plat and label with the approved access permit number if applicable. (Department
of Public Works)
COZ20-0005
Page 5 of 8
3. The following notes shall be delineated on the Change of Zone plat:
1. Change of Zone, COZ20-0005, allows for A (Agricultural) uses which shall comply with
the A (Agricultural) Zone District requirements as set forth in Chapter 23, Article III
Division 1 of the Weld County Code. (Department of Planning Services)
2. Water service may be obtained from appropriately permitted wells. (Department of Public
Health and Environment)
3. 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)
4. 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)
5. 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)
6. 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)
7. 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 #s 08123C -1541E dated January 20, 2016
(Cache la Poudre River 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)
8. FEMA's floodplain boundaries may be updated at any time by FEMA. Prior to the start of
and development activities, the owner should contact Weld County to determine if the
floodplain boundaries have been modified. (Department of Planning Services -
Floodplain)
9. 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)
10. 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
COZ20-0005
Page 6 of 8
review. A Geotechnical Engineering Report, performed by a Colorado registered
engineer, shall be required or an Open Hole Inspection. (Department of Planning
Services)
11. 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)
12. 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)
13. 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.
14. 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 "out of the way"
COz20-0005
Page 7 of 8
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. and 2. above, the applicant shall submit
one (1) paper copy or 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.
5. 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
the Board of County Commissioners resolution a $50.00 recording continuance charge
shall added for each additional 3 -month period.
COz20-0005
Page 8 of 8
June 22, 2020
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.weldgov.com
E-MAIL: mnader@weldgov.com
PHONE: (970) 400-400-3527
FAX: (970) 304-6498
TODD HODGES
2412 DENBY COURT
FORT COLLINS, CO 80526
Subject: COZ20-0005 - Change of Zone from the C-3 (Business Commercial) and R-1 ( Low -Density
Residential) Zone District to the A (Agricultural) Zone District
On parcel(s) of land described as:
12122 LOT 4 NW4NW4 SECTION 4 T5N R65W & LOT 1 SW4NW4 of the 6th P.M., Weld County,
Colorado.
Dear Applicants:
Your application and related materials for the request described above are complete and in order at this
time. I will schedule a meeting with you at the end of the review period to discuss the referral
comments received by our office.
It is the policy of Weld County to refer an application of this nature to any town or municipality lying
within three miles of the property in question or if the property under consideration is located within
the comprehensive planning area of a town or municipality. Therefore, our office has forwarded a
copy of the submitted materials to the following Planning Departments for their review and
comments:
Evans at Phone Number 970-475-1170
Garden City at Phone Number 970-351-0041
Greeley at Phone Number 970-350-9780
It is recommended that you contact the listed Planning Departments for information regarding their
process and to answer any questions that might arise with respect to your application.
If you have any questions concerning this matter, please call.
Respectfully,
Maxwell Nader
Planner
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