HomeMy WebLinkAbout20201391.tiffLAND USE APPLICATION
SUMMARY SHEET
Planner: Maxwell Nader Hearing Date: May 5, 2020
Case Number: COZ20-0001
Applicants: Sandra Miranda, Scott E. Gillis, Jill Marie & Milton Esteban Vega
c/o Sandra Miranda
Request: Change of Zone from the C-4 (Highway Commercial) and A (Agricultural) Zone
District to the C-3 (Business Commercial) Zone District.
Legal Lot 1 of Miranda Reubdivision, RES20-0002; Being part of Section 1, T2N,
Description: R63W of the 6th P.M., Weld County, Colorado
Location: North of and adjacent to 1-76 Frontage Road; approximately 175 feet west of
County Road 73
Acres: +1- 7.86 acres Parcel #s. 1303-01-0-00-029
& 1303-01-0-00-031
POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS
The Department of Planning Services' staff has received referral responses with comments from
the following agencies:
Colorado Department of Transportation, referral dated March 30, 2020
Y Weld County Department of Public Works, referral dated March 23, 2020
Y State of Colorado, Division of Water Resources, referral dated March 13, 2020
Y Weld County Department of Public Health and Environment, referral dated March 18, 2020
The Department of Planning Services' staff has received referral responses without comments
from the following agencies:
Y Weld County Sherriff's Office, referral dated March 6, 2020
Weld County Zoning Compliance, referral dated March 9, 2020
Southeast Weld Fire Protection District, referral dated March 6, 2020
Colorado Division of Geological Survey, referral dated March 26, 2020
The Department of Planning Services' staff has not received responses from the following
agencies:
Colorado Division of Parks and Wildlife
Southeast Weld Soil Conservation District
COZ20-0001 - Miranda
Page 1 of 7
Planner:
Case Number:
Applicants:
Request:
Legal
Description:
Location:
Acres:
ADMINISTRATIVE RECOMMENDATION
CHANGE OF ZONE
Maxwell Nader Hearing Date: May 5, 2020
COZ20-0001
Sandra Miranda, Scott E. Gillis, Jill Marie & Milton Esteban Vega
do Sandra Miranda
Change of Zone from the C-4 (Highway Commercial) and A (Agricultural) Zone
District to the C-3 (Business Commercial) Zone District.
Lot 1 of Miranda Reubdivision, RES20-0002; Being part of Section 1, T2N,
R63W of the 6th P.M., Weld County, Colorado
North of and adjacent to 1-76 Frontage Road; approximately 175 feet west of
County Road 73
+1- 7.86 acres Parcel #s. 1303-01-0-00-029
8, 1303-01-0-00-031
Narrative:
The applicants are requesting to rezone the property from C-4 (Highway Commercial) and A
(Agricultural) Zone District Zone District to the C-3 (Business Commercial) Zone District. There is
a total of three application types associated with this property. A Resubdivision application,
RES20-0002, has been approved by the BOCC on May 20, 2020, to consolidate Lot 3 and Lot 4
of Minor Subdivision No. S-293 that was created on November 18, 1988 via reception no.
2162490, into one lot. There is also a Site Plan Review, SPR20-0003, being processed in
conjunction with these two applications and is pending the approval and recording of COZ20-
0001.
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 22-2-100.G.1. - C.Policy 1.2. states, "Encourage new commercial development
within existing commercial areas."
The proposed location of the Change of Zone has six (6) existing properties that are
zoned either C-3 (Business Commercial) or C-4 (Highway Commercial) surrounding it.
COZ20-0001 - Miranda
Page 2 of 7
The majority of surrounding properties went through Change of Zone processes in the
1970s and 1980s with one exception in early 2000, being these subject parcels. These
previous rezones show the commercial identity of this area. Two of the adjacent
properties are currently being utilized at a commercial level, one being a Conoco Gas
Station and the other being the Roggen motel. The property to the southwest is vacant
without improvements.
The proposed Change of Zone will create more land available for sound commercial
development and will help keep the commercial uses out of the A (Agricultural) Zone
District in the County.
Section 22-2-100 - C. Goal 5. states "Minimize the incompatibilities that occur between
commercial uses and surrounding properties."
The proposed use of this property is an outdoor storage facility. Following the approval of
this Change of Zone, a pending Site Plan Review will be processed and a condition of
approval will be in place that the applicant must install a six (6) foot tall metal fencing
around the entire perimeter of the property to screen from adjacent properties and public
rights of way and to provide security to the facility. If the Site Plan Review submitted is
not approved, future commercial uses will adhere to operation and design standards that
will protect surrounding property owners.
Section 22-2-100 - C.Goal 6. states "Consider how transportation infrastructure is
affected by the impacts of new or expanding commercial developments."
The Colorado Department of Transportation stated in their referral dated, March 30,
2020, that the applicant is not responsible for building any highway improvements, but
the access off of the frontage road will require an access permit. Due to the location of
the property there will not be any direct damages to County roads. Additionally, the
frontage road is designed for this type zoning and the allowed uses that come with it but
will need upgrades as it is a two -track road now.
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 six (6) surrounding
property owners within five hundred (500) feet. There were two phone calls received from
the owner of the Conoco Gas Station and the Roggen Motel, neither had concerns.
The properties to the east and west are zoned C-3 (Business Commercial) and C-4
(Highway Commercial). The properties to the north and south are zoned A
(Agricultural).There are four (4) more commercially zoned properties within State
Highway Interstate 76, Exit 48. There is a gas station and motel to the north east of the
subject property. The unincorporated town of Roggen is on the south side of Interstate
Highway 76. The community of Roggen will benefit from the proposed change of zone
and the subsequent potential for new commercial development. Furthermore, Interstate
Highway 76 creates a natural buffer from the commercial development to the residential.
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.
Future on -site development will be served by a proposed commercial well and proposed
commercial on -site wastewater treatment system (OWTS). The Weld County Department
of Public Health and Environment has included specific development standards in the
referral dated March 18, 2020 that require the property owner to submit application, be
approved and constructed for a commercial well and septic system.
COZ20-0001 - Miranda
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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 access is located on the Interstate Highway 76 Frontage Road at Exit 48. The
Colorado Department of Transportation stated in their referral dated, March 30, 2020,
that the applicant is required to obtain an access permit prior to developing the site and is
a requirement of, SPR20-0003, an administratively approved application in conjunction
with this change of zone.
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, Geological Hazard Area or a Special Flood Hazard Area.
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. Additionally, the applicant sent out
notice to the one mineral owner listed of the proposed change of use and other
related cases. No comments from the mineral owner were received. Additionally, the
parcel of land was one part of a platted Minor Subdivision approved in 1988. The
size, location and configuration of the property does not allow for an economically
viable extraction of any mineral resource.
3) Section 23-2-30.A.5.c. - The Natural Resources Conservation Service Soil Survey
dated March 22, 2016 indicated Osgood sand and Valent sand were encountered.
Both soils are well draining soils and acceptable locations for development.
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, COZ20-0001, from the C-4 (Highway Commercial) and A (Agricultural) Zone
District Zone District to the C-3 (Business Commercial) Zone District is conditional upon the
following:
1. Prior to recording the plat:
A. The applicant shall provide to the Weld County Department of Planning Services a copy
of the access permit issued by the Colorado Department of Transportation (CDOT) which
grants access to State Highway Interstate 76, or written evidence that the applicant has
complied with the requirements of the Colorado Department of Transportation (CDOT).
(Department of Planning Services)
B. The plat shall be amended to delineate the following:
A. All pages of the plat shall be labeled COZ20-0001. (Department of Planning
Services)
B. The plat shall adhere to Section 23-2-50.C and D. of the Weld County Code.
(Department of Planning Services)
C. All recorded easements shall be shown and dimensioned on the Change of Zone
plat. (Department of Planning Services)
D. Show the Colorado Department of Transportation (C DOT) right-of-way on the plat
along with the documents creating the right-of-way. (Department of Public Works)
COZ20-0001 - Miranda
Page 4 of 7
E. Show the approved Colorado Department of Transportation (CDOT) access point(s)
on the plat and label with the approved access permit number if applicable.
(Department of Public Works)
3. The following notes shall be delineated on the Change of Zone plat:
1) Change of Zone, COZ20-0001, allows for C-3 (Business Commercial) uses which shall
comply with the C-3 (Business Commercial) Zone District requirements as set forth in
Chapter 23, Article III Division 5 of the Weld County Code. (Department of Planning
Services)
2) Water service may be obtained from an appropriately permitted well. (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) 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)
6) 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)
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) 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)
9) 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)
10) The historical flow patterns and runoff amounts will be maintained on the site.
(Department of Public Works)
11) 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)
COZ20-0001 - Miranda
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12) Any future structures or uses on site must obtain approval through a Site Plan Review.
(Department of Planning Services)
13) 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)
14) 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)
15) 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)
16) 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.
17) 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
COZ20-0001 - Miranda
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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.
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.
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.
COZ20-0001 - Miranda
Page 7 of 7
March 05, 2020
MIRANDA SANDRA
4754 TUMBLEWEED DR
BRIGHTON, CO 806014648
Subject: COZ20-0001 - Change of Zone
(Business Commercial) Zone District and
C-3 (Business Commercial) Zone District
On parcel(s) of land described as:
LOT 4 MINOR SUB NO S-293, PART OF
COLORADO.
LOT 3 MINOR SUB NO S-293, PART OF
COLORADO.
Dear Applicants:
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
from the C-4 (Highway Commercial) Zone District to the C-3
Change of Zone from the A (Agricultural) Zone District to the
SECTION 1, T2N, R63W OF THE 6TH P.M., WELD COUNTY,
SECTION 1, T2N, R63W OF THE 6TH P.M., WELD COUNTY,
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,
Kim O
Planner
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