HomeMy WebLinkAbout20182230.tiffPlanner:
Case Number:
Applicant:
Request:
Legal Description:
Location:
Acres:
LAND USE APPLICATION
SUMMARY SHEET
CHANGE OF ZONE
Diana Aungst
COZ18-0002
Brady Rentals, LLC do Steve Gorham
Hearing Date: July 3, 2018
Change of Zone from C-3 (Business Commercial) Zone District to the R-1 (Low -
Density Residential) Zone District
RES18-0001 being a replat Lot 1 Union Colony Subdivision; Being part of SE4SW4
of Section 9, T5N, R65W of the 6th P.M., Weld County, CO
South of and adjacent to E. 18th Street and west of and adjacent to Balsam
Avenue
+/- 0.41 acres Parcel #. 0961-09-3-00-037
POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS
The Department of Planning Services' staff has received responses from the following agencies:
With Comment:
v City of Greeley, referral dated April 16, 2018
y Weld County Department of Public Works, referral dated April 25, 2018
y Weld County Department of Public Health and Environment, referral dated April 23, 2018
Without Comment:
VVVVVVV
Weld County Sheriff's Office, referral dated April 6, 2018
Weld -Greeley Airport Authority, referral dated March 29, 2018
Western Hill Fire Protection District, referral date April 3, 2018
Weld County Zoning Compliance, referral dated March 29, 2018
Northern Colorado Water Conservancy, referral dated March 29, 2018
Weld County Department of Public Works - MS4, referral dated April 26, 2018
State of Colorado, Division of Water Resources, referral dated March 29, 2018
The Department of Planning Services' staff has not received responses from:
V V V V V
City of Evans
Town of Kersey
Town of Garden City
Colorado Parks and Wildlife
Weld County School District RE -6
City of Greeley Water Department
COZ18-0002
Page 1 of 6
Planner:
Case Number:
Applicant:
Request:
Legal Description:
Location:
Acres:
CHANGE OF ZONE
ADMINISTRATIVE RECOMMENDATION
Diana Aungst Hearing Date: July 3, 2018
COZ18-0002
Brady Rentals, LLC c/o Steve Gorham
Change of Zone from the C-3 (Business Commercial) Zone District to the R-1
(Low -Density Residential) Zone District
RES18-0001 being a replat Lot 1 Union Colony Subdivision; Being part of SE4SW4
of Section 9, T5N, R65W of the 6th P.M., Weld County, CO
South of and adjacent to E. 18th Street and west of and adjacent to Balsam
Avenue
+/- 0.41 acres Parcel #. 0961-09-3-00-037
Summary:
The site is a 0.41 -acre lot with one single-family dwelling unit. The house was constructed in 1900 and
the land was zoned C-3 (Business Commercial) with Case #Z-306 in 1979. This re -zoning will place the
single-family dwelling unit on residentially zoned land.
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 22-2-120.A. - R.Goal 1. states, "Ensure that adequate services and facilities are
currently available or reasonably obtainable to serve the residential development or district."
The site is a 0.41 -acre lot with one single-family dwelling unit. The house was constructed in
1900. The site is served by City of Greeley water and sewer.
Section 22-2-12.C. - R.Goal 3. states, "Consider the compatibility with surrounding land
uses, natural site features, nearby municipalities' comprehensive plans and general
residential growth trends when evaluating new residential development proposals."
The site is a 0.41 -acre lot with one single-family dwelling unit. The land was zoned C-3
(Business Commercial) with Case #Z-306 in 1979. This re -zoning (COZ18-0002) will place
the single-family dwelling unit on residentially zoned land rather than commercially zoned
land. This Change of Zone is compatible with the surrounding land as there is residential
zoned land to the east and west of the site and commercial and industrial zoned land to the
north and the east of the site.
COZ18-0002
Page 2 of 6
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 uses proposed are residential. This use is compatible with the surrounding land uses.
C. 23-2-30.A.2. - That adequate water and sewer service can be made available to the site to
serve the uses permitted within the proposed zone district.
The site is served by City of Greeley water and sewer.
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 referral comments from the Weld County Public Works Department dated April 25, 2018,
did not indicate any concerns with the adequacy of Balsam Avenue or E. 18th Street.
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 located within the Airport
Overlay District but not in Special Flood Hazard Area or a Geological Hazard Area.
2) Section 23-2-30.A.5.b. - The site is a 0.41 -acre property. No mineral resource analysis
was conducted and there does not appear to be any economically recoverable resources
on the subject property.
3) Section 23-2-30.A.5.c. - The use on the subject property will be residential.
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 PUD (Planned Unit Development) Zone District to the A (Agricultural) Zone
District is conditional upon the following:
1. Prior to recording the plat:
A. The applicant shall provide the Weld County Department of Planning Services with a
Statement of Taxes from the Weld County Treasurer showing no delinquent taxes exist for
the original parcel. (Department of Planning Services)
B. The applicant shall attempt to address the requirements (concerns) of the City of Greeley, as
stated in the referral response dated April 16, 2018. Evidence of such shall be submitted in
writing to the Weld County Department of Planning Services. (Department of Planning
Services)
C. The applicant shall record RES18-0001. (Department of Planning Services)
D. The plat shall be amended to delineate the following:
1. All pages of the plat shall be labeled COZ18-0002. (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)
COZ18-0002
Page 3 of 6
4. Balsam Avenue 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 verify and delineate on the plat the
existing right-of-way and the documents creating the existing right-of-way. If the existing
right-of-way cannot be verified it shall be dedicated. The applicant shall also delineate the
physical location of the roadway. This road is maintained by Weld County. (Department
of Public Works)
5. Show and label the approved access point(s) and the usage type. (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)
2. The following notes shall be delineated on the Change of Zone plat:
A. The Change of Zone allows for R-1 (Low Density Residential) uses and shall comply with the
R-1 (Low Density Residential) Zone District requirements as set forth in Chapter 23 Article III
of the Weld County Code. (Department of Planning Services)
B. The property owner shall comply with all applicable rules and regulations of the State and
Federal agencies and the Weld County Code. (Department of Planning Services)
C. Any future structures or uses on site must obtain the appropriate zoning and building permits.
(Department of Planning Services)
D. This site is located in the A -P Airport Overlay District. (Department of Planning Services)
E. The property owner shall control noxious weeds on the site. (Department of Public Works)
F. 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)
G. 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)
H. 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)
I. The historical flow patterns and runoff amounts will be maintained on the site. (Department of
Public Works)
J. Water and Sanitary sewer service may be obtained from the City of Greeley. (Department of
Public Health and Environment)
K. Building permits shall be obtained prior to the construction of any new building. A plan review
is required for each building. Plans shall bear the wet stamp of a Colorado registered
architect or engineer. Two complete sets of plans are required when applying for each permit.
(Department of Building Inspection)
COZ18-0002
Page 4 of 6
L. Buildings and structures shall conform to the requirements of the various codes adopted at
the time of permit application. Currently, the following have been adopted by Weld County:
2012 International Codes, 2006 International Energy Code, 2006 International Fuel Gas
Code, 2012 International Plumbing Code, and 2014 National Electrical Code. 2003 ANSI
117.1 Accessibility code and Chapter 29 of the Weld County Code. (Department of Building
Inspection)
M. 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.
N. 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)
O. 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.
P. 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.5., 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.
COZ18-0002
Page 5 of 6
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. 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.
4. The Change of Zone plat map shall be submitted to the Department of Planning Services' for
recording within one -hundred -twenty (120) days of approval by the Board of County
Commissioners. With the Change of Zone plat map, the applicant shall submit a digital file of all
drawings associated with the Change of Zone application. Acceptable CAD formats are .dwg,
.dxf, and .dgn (Microstation); acceptable GIS formats are .shp (Shape Files), Arclnfo Coverages
and Arclnfo Export files format type is .e00. The preferred format for Images is .tif (Group 4)
(Group 6 is not acceptable).
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.
COZ18-0002
Page 6 of 6
June 12, 2018
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.weldgov.com
E-MAIL: daungst@co.weld.co.us
PHONE: (970) 400-3524
FAX: (970) 304-6498
GORHAM STEVE
937 A ST
GREELEY, CO 80634
Subject: COZ18-0002 - Change of Zone from C-3 (Business Commercial) Zone District to the R-1
(Low -Density Residential). With RES18-0001.
On oarcel(sl of land described as:
LOT 1 SE4SW4 SECTION 9, T5N, R65W of the 6th P.M., Weld County, Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on July 3, 2018, at 12:30 p.m.
A subsequent hearing with the Board of County Commissioners will be held on August 8, 2018 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
www.weldcountyplanningcases.orq
If you have any questions concerning this matter, please call.
Respectfully,
Diana Aungst
Planner
March 29, 2018
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.weldgov.com
E-MAIL: daungst@co.weld.co.us
PHONE: (970) 400-3524
FAX: (970) 304-6498
GORHAM STEVE
937 A ST
GREELEY, CO 80634
Subject: COZ18-0002 - Change of Zone from C-3 (Business Commercial) Zone District to the R-1
(Low -Density Residential). With RES18-0001.
On parcel(s) of land described as:
LOT 1 SE4SW4 SECTION 9, T5N, R65W 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
Kersey at Phone Number 970-353-1681
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,
OkAk-Q9,a1/1/(p)
Diana Aungst
Planner
FIELD CHECK
Inspection Date: 06/22/2018
Case Number: COZ18-0002
Applicant: Brady Rentals LLC c/o Steve Gorham
Request: Change of Zone from C-3 (Business Commercial) Zone District to the R-1
(Low -Density Residential) Zone District
Legal
Description:
RES18-0001 being a replat Lot 1 Union Colony Subdivision; Being part of
SE4SW4 of Section 9, T5N, R65W of the 6th P.M., Weld County, CO
Location: South of and adjacent to E. 18th Street and west of and adjacent to
Balsam Avenue
Size of Parcel: +/- 0.41 acres
Parcel No. 0961-09-3-00-037
Zoning
Land Use
N
1-3 (Industrial)
N
Industrial
E
R-1 (Low Density Residential) and
C-3 (Business Commercial)
E
Rural Residential and Commercial
S
C-3 (Business Commercial)
S
Vacant Land
W
C-3 (Business Commercial)
W
Vacant Land
COMMENTS:
The site contains an existing single-family residence and a small outbuilding. The access is off
of Balsam Avenue.
O,A&._cgLatuKIJ
Diana Aungst, Planner
Hello