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Home My WebLink About20171346.tiffCHANGE OF ZONE (Z) APPLICATION FOR PLANNING DEPARTMENT USE DATE RECEIVED: 3/9/17 RECEIPT/AMOUNT # 1$ CASE # ASSIGNED: COZ17-0002 APPLICATION RECEIVED BY PLANNER ASSIGNED: DA Parcel Number 0805 - 23 - 0 - 00 - 018 (12 digit number - found on Tax I.D. information, obtainable at the Weld County Assessor's Office, or vvvvvv.co.vveld.co.us) (Include all lots being included in the application area. If additional space is required, attach an additional sheet) Legal Description 17879A PT NE4NE4 , Section 23 , Township 06 North, Range 66 West Property Address (If Applicable) 16928 Highway 392, Greeley, CO 80631 Existing Zone District: Aq Proposed Zone District: C-3 Total Acreage: 5 Proposed #/Lots: 1 Average Lot Size: +/- 7.49 acres Minimum Lot Size: +/- 7.49 Proposed Subdivision Name: N/A FEE OWNER(S) OF THE PROPERTY (If additional space is required, attach an additional sheet) Name: C. Bradley Keirnes Work Phone # 970-539-2204 Home Phone # Email Address bradkeirnes.com Address: Post Office Box 3069 City/State/Zip Code Colorado Springs, CO 80934 APPLICANT OR AUTHORIZED AGENT (See Below: Authorization must accompany applications signed by Authorized Agent) Name: Todd Hodges Work Phone # 970-215-4311 Home Phone # Email Address Address: 2412 Denby Court City/State/Zip Code Fort Collins/CO/80526 UTILITIES: Water: Sewer: Gas: Electric: Phone: DISTRICTS: School: Fire: Post Office: NWCWD Septic Atmos Xcel Eaton Eaton Greeley I (We), the undersigned, hereby request hearings before the Weld County Planning Commission and the Weld County Board of County Commissioners concerning the proposed Change of Zone for the following described unincorporated area of Weld County, Colorado: I (We) hereby depose and state under penalties of perjury that all statements, proposals, and/or plans submitted with or contained within the application are true and correct to the best of my (our)knowledge. Signatures of all fee owners of property must sign this application. If an Authorized Agent signs, a letter of authorization from all fee owners must be included with the application. If a corporation is the fee owner, notarized evidence must be included indicating the signatory has the leghority to sigyffg/the corporation. 47 2 Signature: Owner or Authoriz Agent Date Signature: Owner or Authorized Agent Date -4- DEPARTMENT OF PLANNING SERVICES 1555 N 17th AVE GREELEY, CO 80631 PHONE: (970) 353-6100, Ext. 3540 FAX: (970) 304-6498 AUTHORIZATION FORM i "Ta \.1() repres-ent-c—qimfor the property (Agent/Applicant) (Owner) located at 1to9rd::8 1��1,..,a�.� � a- { G��-� r � O (9 31 LEGAL DESCRIPTION: SEC a'3 TWN RNG l!a 6V SUBDIVISION NAME: LOT BLK I can be contacted at the following Home Work: a15 . U Email: #ro36t5dexr,te-k-d: c n} - The property owner can be contacted at the following Home Work Email: Correspondence &mailed to: (Check one) DATE 2/1/17 OWNER'S SIGNATURE (-a © \(\i-v-ve . capf\. Agent/Applicant Property Owner Todd Hodges Design, LLC Change of Zone Questionnaire Parcel No. 080523000018 1. How is the proposed rezoning consistent with the policies of the Weld County Code, Chapter 22? If the proposed rezoning is not consistent with the comprehensive Plan, explain how the proposed rezoning will correct what the applicant perceives as faulty zoning, or how the proposed rezoning will fit with what the applicant perceives as the changing conditions in the area. Here are the applicable sections from Chapter 22 of the Weld County Code. Section 22-2-30. Urban Development B. Urban development is characterized by designated areas for residences, retail, offices, services and other uses that are primarily located along major roadways, at major intersections and in subdivisions designed to accommodate these more intense uses. The proposed change of zone from agricultural (A) to business commercial (C-3) will provide the appropriate uses -by -right for the future development of the property as a commercial property on the intersection of State Highway 392 and WCR 35. The previous USR on the property allowed for heavier, industrial -type uses than what is being requested. The Property is perfectly situated to be able to provide services to the residential neighborhoods in the vicinity, both existing and planned. The surrounding area has an already established neighborhood to the north, Pinnacle Park, and the area to the south is being developed as residential subdivisions. These residential neighborhoods could benefit from a commercial node. The business commercial zone Section. 22-2-90. Commercial Development A. The purpose of commercial development Goals is to characterize, by intensity, those areas throughout the County for retail, offices, services and other similar uses. Commercial uses are primarily located along major roadways, at major intersections and in commercial parks designed to accommodate these uses. When of an appropriate scale that accounts for pedestrians and public space, limited commercial activity is also appropriate within neighborhoods. Again, the Property is ideal for providing commercial services. It is or will be within walking distance of several neighborhoods. It already has access points along both roads and at 7.499 acres, is at a perfect scale for a limited commercial node. E. Neighborhood commercial development provides locations for uses that supply conveniences, goods and services for residents of the immediate area. It should 2412 Denby Court • Fort Collins, Colorado 80526 • (970) 215-4311 toddhodgesdesign@q,westoffiee.net Todd Hodges Design, LLC typically link to transportation networks, while minimizing traffic and parking problems for the adjacent residences and promoting compatibility between such commercial areas and nearby residential areas. The design, scale and scope of commercial facilities are particularly important when neighborhood commercial uses are planned. The small-scale commercial uses proposed here should not create traffic or parking problems, will be accessible to the neighboring residential, and will be designed to blend into the neighborhoods. Section 22-2-100. 3. C. Policy 5.3. Encourage informational neighborhood meetings for proposed commercial uses that do not require a public hearing. a. Recommended Strategy C.5.3.a. Develop options for neighborhood meeting processes. The Property owner has already held an informational neighborhood meeting, sending invitations to all landowners within 500 feet. The owners will consider neighborhood concerns in the development of the property. 4. C.Policy 5.4. Ensure that commercial properties are free of derelict vehicles, refuse, litter and other unsightly materials. a. Recommended Strategy C.5.4.a. Develop programs for cleanup of derelict property, junk and weeds. The property, under previous ownership, was previously unsightly, full of weeds and random trucks. The current lease agreement with CDOT requires that the property be kept clean, free of weeds and orderly. Any vehicles need to be placed in an orderly fashion. The lease with CDOT will be finished in November, 2017. After that, the property will free of truck parking and will be maintained appropriately. 2. How will the uses allowed by the proposed rezoning be compatible with the surrounding land uses? Include a description of existing land uses for all properties adjacent to the subject property. The land use surrounding the Property is predominantly residential, zoned either R-1, nonconforming A, or PUD, in a north -south strip that follows the lake and ditch. The area around that is predominantly used for agriculture. (See Figure) 2412 Denby Court • Fort Collins, Colorado 80526 • (970) 215-4311 toddhodgesdesign@tqwestoffiee.net Todd Hodges Design, LLC Figure 1 Surrounding land use. 3. Will the property use a septic system or public sewer facilities? The owner plans to use the existing septic system. 4. Who will provide adequate water, including fire protection, to the property? The property is within the Eaton Fire Protection District. Water is currently supplied by an existing well. 5. Does the property have soils with moderate to severe limitations for construction? The NRCS lists the property as having Kim Loam soils that do not pose limitations for construction. The property already has a detention pond for drainage which releases at the normal rate and is acceptable the ditch company. 6. Is the road and/or highway facility providing access to the properties adequate to meet the requirements of the proposed zone district? The property links directly to the transportation network with both a CDOT access along Highway 392 and a County access along WCR 35. The traffic capacity for both roads should be able to handle the minimal traffic expected for this size of commercial lot, but will be addressed during the site planning stage with a traffic report and any necessary permitting with Weld County and CDOT. F. C.Goal 6. Consider how transportation infrastructure is affected by the impacts of new or expanding commercial developments. 2412 Denby Court • Fort Collins, Colorado 80526 • (970) 215-4311 toddhodgesdesign@wwestoffiee.net Todd Hodges Design, LLC 1. C.Policy 6.1. Support transportation systems within and into commercial developments that address a full range of mobility needs, and which effectively provide connectivity in a cost-effective, efficient and comprehensive manner. Encourage shared access points. 2.C.Policy 6.2. The land use applicant should demonstrate that the roadway facilities associated with the proposed commercial development are adequate in width, classification and structural capacity to serve the development proposal. 7. Is the change of zone area located in a Flood Hazard Overlay District? No. 8. Is the change of zone area located in a Geologic Hazard Overlay District? No. 9. Is the change of zone are located in the AP (Airport) Overlay District? No. 2412 Denby Court • Fort Collins, Colorado 80526 • (970) 215-4311 toddhodgesdesign@q,westoffiee.net Tom Parko Jr. RE: Change of Zone February 8, 2017 at 8:12 AM Angela Snyder Todd Hodges , Diana Aungst Angela, , Charles Keirnes , Spencer Keirnes Good morning. After reviewing the request, we will waive this requirement based on historic uses and size of the lot. Let me know if you have any questions. Sincerely, Tom Parko, M.A. Director of Planning Services Weld County Dept. of Planning Services 1555 N. 17th Avenue Greeley, CO. 80631 Office: 970-400-3572 Mobile: 970-302-5333 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Angela Snyder[mailto:angelasnyder@qwestoffice.net] Sent: Tuesday, February 07, 2017 8:14 AM To: Tom Parko Jr. <tparko@co.weld.co.us> Cc: 'Todd Hodges' <toddhodgesdesign@qwestoffice.net>;'Charles Keirnes' <Charles@keirnes.com>;'Spencer Keirnes' <spencer@keirnes.com> Subject: Change of Zone Good Morning Tom, We are requesting that the mineral resource statement be waived for our client's change of zone application for their property at the southwest corner of HWY 392 and WCR 35. I've attached the request letter to this email. Let me know if you have any questions or need more information. Have a great day! Angela Angela Snyder Associate Planner Todd Hodges Design, LLC 970.215.1964 Todd Hodges Design, LLC 2/2/2017 Todd Hodges Todd Hodges Design, LLC 2412 Denby Court Fort Collins, CO 80526 Tom Parko, Planning Director Weld County Planning Department Greetings Tom, Our client, Bradley C. Keirnes, is applying for a change of zone to his property on the southwest corner of Highway 392 and WCR 35. We are requesting that the mineral resource statement requirement be waived for the change of zone application based on the following reasons: The size of the property is small, 7.499 acres. The location of the property is adjacent to a state highway, a highly - trafficked county road and Greeley Canal Ditch Number 2. These factors bring the feasibility of mineral extraction into question. The geotechnical report for the adjacent property also shows a lack of mineral resources present. An excerpt from that report is attached to this letter. According to the NRCS Soil Survey, the soils are comparable on the property in question to the adjacent property, both designated Kim loam, 1 to 3 percent slopes. Best Regards, Todd Hodges Principal Planner Todd Hodges Design, LLC Enclosure: "Mineral Resources" excerpt from Preliminary Geotechnical Engineering Report 2412 Denby Court • Fort Collins, Colorado 80526 • (970) 215-4311 • fax: (561)828-8059 email: toddhodgesdesign;ci gwcstoffice.net Preliminary Geotechnical Engineering Report Ridgeview Farms PUD Southwest Corner of Weld County Road 35 and State Highway 392 Terracon Project No. 21055015 Terracon proposed residences and street along with revegetation of stripped areas, erosional problems at the site should be minimal. The existing inlet ditch that flows along the west side of the site should be maintained to allow for anticipated flows from the property to the north. Mineral Resources The subject property is located in a producing oil and gas field. A Producing well owned by Bonanza Creek Oil Company is located directly to the south on the adjacent property. This well is part of the Watterberg oil and Gas Field which contains a large number of producing wells (Colorado Geological Survey, Lawson and Hemborg, Oil and Gas Fields of Colorado Statistical Summary though 1996, 1999) The Laramie Formation contains economic coal deposits adjacent to the project area and cola has been extensively mined in the past in the Boulder Weld Coalfield south of the project area. However a review of several maps and data bases indicates there are no coal deposits below the site. The map prepared by Jones, David, C, Schultz Janet, E. and Murray, Keith, D. (Coal Resources pnd Development Map of Colorado, Colorado Geological Survey, Series 9, 1978) indicate coal deposits exist several miles to the northeast of the property. These deposits consist of sub bituminous to bituminous coal beds between 150 to 3000 feet below the surface. The Energy Resources Map of Colorado (1977) published by the US Geological Survey and the Colorado Geological Survey indicated coal beds exist approximately 3 miles north of the project area. These beds are described as being within 300 feet of surface. According to the publication (Location Map and Descriptions of Metal Occurrences in Colorado with Notes on Economic Potential, Colorado Geological Survey, Map Series 28, 1994) by Streufert, Randall K. and Cappa, James, A., there are no deposits of economic metals on or in the vicinity of the project area. The publication (Sand, Gravel, and Quarry Aggregate Resources Colorado Front Range Counties, Colorado Geological Survey, Special Publication 0-A, 1974) by Schwochow, S.D., Shroba, R., R., and Wicklein, P., C., indicates there are no aggregate resources on the property. No sand and gravel was encountered in the two test boring drilled at the site. Geologic site characteristics The site is to be developed into 24 1 1/2 to 2 1/4 acre residential lots. Location of proposed residences on these lots at the site should be carefully planned to accommodate the existing oil and gas producing facilities. Construction should not be considered adjacent to wells or over existing underground pipelines. Old fill may be encountered at the site. These areas should be avoided or excavated to natural soils and properly backfilled. Drainage though the site should be properly 6 Applicant Weld County Public Works Dept. 1111 H Street P.O. Box 758 Greeley, CO 80632 Phone: (970)304-6496 Fax: (970)304-6497 Name Company 1a3c) Va(1 t]A 3 pe5`C11y\ Address r` .ti«ipQi,.r+ City-Fe:00cCok,`ivs-5 State CO Zip..a()_,16, Business Phone 1O— (16 tj1/43\ Fax \off s E-mail ;e.SCiuv`-t xae5A-rce • net Parcel Location & Sketch The access is on WCR3r)W=1a. Nearest Intersection: WCR 35 & GR Distance from Intersection'Bo-r\n �C)OQk- Parcel Number 0205a e(30C`)q Section/Township/Range a3 f 3%/6(p Is there an existing access to the property? CD NO Number of Existing Accesses ( v+./.0 Road Surface Type & Construction Information X Asphalt Gravel _ Treated _ Other Culvert Size & Type Materials used to construct Access Construction Start Date Finish Date Proposed Use o Temporary (Tracking Pad Required)/ $75 Small Commercial or Oil & Gas/$75 o Field (Agriculture Only)/Exempt ACCESS PERMIT APPLICATION FORM Property Owner (If different than Applicant) Name C. Bcr ,et4rv'2 5 Address PG City Ec�-On,v-,. State CO Zip ` OG Phone Fax E-mail bro.d( 1<e v\e5. C v,, A= Existing Access A= Proposed Access T N WCR o Single Residential/$75 o Large Commercial/$150 ❑ industrial/$150 ❑ Subdivision/$150 is this access associated with a Planning Process? ❑ No o USR ❑ RE n PUD Other COI Required Attached Documents Traffic-Cont 014lapa -Cent ate of Irrsuia - Access Pictures (From the Left, Right, & into the access) By accepting this permit, the undersigned Applicant, under penalty of perjury, verifies that they have received all pages of the permit application; they have read and understand all of the permit requirements and provisions set forth on all pages; that they have the authority to sign for and bind the Applicant, if the Applicant is a corporation or other entity; and that by virtue of their signature the Applicant is bound by and agrees to comply with all said permit requirements and provisions, all Weld County ordinances, and state laws regarding facilities constructi n. Signature f Cl i'C Printed Name j4DD . I -1t i Date 4z'`7 Approval or Denial will be issued in minimum of 5 days. Approved by Revised Date 6/29/10 Todd Hodges Design, LLC Drainage Narrative Water drains towards the southeast corner of the property, where there is a detention pond, and then into the irrigation ditch. Detention Pond 2412 Denby Court • Fort Collins, Colorado 80526 • (970) 613-8556 • fax: (561) 828-8059 email: toddhodgesdesign@q,westoffiee.net Brad Keirnes Post Office Box 7 Eaton, Colorado 80615 January 20, 2017 Re: Change of Zone for property located at 16932 HWY 392, Greeley, CO 80631 at the Southwest Corner of HWY 392 and WCR 35 Dear Neighboring Property Owner: The purpose of this letter is to advise you that we have initiated a Change of Zone and Land Use Application process with Weld County to accommodate our planned development and operation of a high quality indoor and outdoor storage facility on the subject property. We believe our planned use will be a significant improvement to the property from its historical use for an excavation business and, when developed, will be a positive and needed resource to the neighborhood and community surrounding it. We are inviting you to an informational meeting at the property for our development manager and planner to share with you about our plans for the proposed use: Monday, January 30th, 2017 6:30-7:30 PM 16932 HWY 392 Greeley, CO 80631 Brad Keirnes LEGAL DESCRIPTION OF THE SUBJECT PROPERTY: PORTION OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 23, TOWNSHIP 6 NORTH, RANGE 66 WEST OF THE 6TH PRINCIPAL MERIDIAN, WELD COUNTY, COLORADO NEIGHBORING PROPERTY OWNERS SIGN -IN SHEET Meeting Date & Time: January 30th, 2017/ 6:30-7:30 P.M Project: Highway 392 Change of Zone Facilitators: Todd Hodges & Charles Keirnes Name/P(1°0C ,g/ fa, ?'x7 ra hie k 45 Location: 16928 Hwy 392, Greeley, CO 80631 Attendee Address _ / 77V Gc P/c__ Cg giee Page 1 of 2 Todd Hodges Design, LLC Community Meeting Notes Keirnes Land Company, LLC Change of Zone Monday, January 30th, 2017 6:30 - 7:30 PM Owner Representatives: Charles Keirnes, Spencer Keirnes (Keirnes Land Co, LLC) Consultants: Todd Hodges, Angela Snyder (Todd Hodges Design, LLC) Neighbors: Tony, Steve Ross, Debbie Kindsfater, & by proxy Alan __ Meeting Notes 6:32 PM Meeting started with all but Debbie (who arrived at 6:37 PM) Charles introduced Todd as the planner on the project. Todd gave a brief overview of the situation regarding the misunderstanding regarding the existing USR, the current CDOT lease until November, the current zoning change request to C3 — Business Commercial, and future commercial intentions for the property. Steve Ross • Lives off WCR 35 in Pinnacle Park to the north of the property across HWY 392. • Was not notified because he was outside of the 500 foot buffer. • Announced he was the one who reported the USR violation. • Concerned about traffic and the loss of agricultural land. He resists the building up of the whole area. • He knew the original inhabitants of the house and doesn't think they would like what is being done to their property. Tony • Upset that he will lose his view of the fireworks. • Doesn't want to look at storage units. Couldn't they build the units in the PUD below his sight - line. • This area should be used for ag. This is why we are losing our 4H and FFA kids. • All of the trucks driving through using their "Jake Brakes" • Couldn't you put in something nice? Steve • How did CDOT get away with this? They must have violated the zoning willfully. Todd explained the lack of USR violation was a misunderstanding. Steve • I'm concerned these people are just trying to make a buck. • The 500 -foot rule for notification is "deceitful." [inadequate] 2412 Denby Court • Fort Collins, Colorado 80526 • (970) 215-4311 toddhodgesdesign*qwestoffice. net Todd Hodges Design, LLC Tony • Why can't Weld County keep all the development east of 85? • The sand trucks are running us over! Steve • Finally got the State Troopers to start ticketing speeders, offering them to use his driveway as a speed trap Tony • Very upset about losing the view of the fireworks again and the view of the lake • Assumes the Keirnes will build two-story storage units, block all views Debbie • Asks the Keirnes if they plan to build two-story units. Charles • Confirms that they are only planning one-story, luxury storage that would be shielded from view as much as possible, as they are also neighbors and desiring to sell other residential lots behind the property. It is not in their interest to be an eyesore. Steve • Asks if there really is a need for storage? Greeley won't be out this far in your (referring to the Keirnes brothers) lifetime. They [Greeley] won't cross the river. They won't build a gas station out here. Todd • The intention is stay in the County and not annex to Greeley. The property is, however, within the Greeley Urban Growth Boundary. Charles • Several neighbors could benefit from storage. Tony • Doubts the County will even hear their concerns. Developers should take people who've lived here a long time into consideration. Debbie • Asks Tony what alternative propositions he could recommend for the property. Tony • Leave it the same. Have some horses on it. Mowed grass. 2412 Denby Court • Fort Collins, Colorado 80526 • (970) 215-4311 toddhodgesdesign*qwestoffice. net Todd Hodges Design, LLC Charles • Mentions that property doesn't have any suitable pasture ground. Says that it was very torn up by the previous owner and quite an eyesore. At least they cleaned it up and have tried to keep it orderly. Steve • The millings are an eyesore. He'd rather have the dirt piles with weeds than the grading on the property. Tony • There have been so many renters in and out of this place [the property]. We miss the horses. Now we have truck parking. • Pinnacle Park was one of the first little ranchette subdivision out here. We don't want our neighborhood to change. Todd • I'm sure the neighbors were upset when your neighborhood went it too. Change is hard, but it is inevitable. The trucks are temporary. Tony • Oil people have come in and left all their oil field junk. They park everywhere and don't ask permission. Steve • Why would you want to put storage units next to nice, expensive houses? Tony • People like Steve Wells have lots of money. They don't understand normal people struggling to get by. I can't get a job. Northern Colorado Water has made that very clear. Storage doesn't provide jobs. We need jobs here. Steve • Doesn't think it's conducive to property values. No matter what you do to make it look nice, it's still going to look like trash. Charles • Our initial intent is to do luxury storage. We want it to blend in with surrounding landscaping and we will incorporate intensive screening. Tony 2412 Denby Court • Fort Collins, Colorado 80526 • (970) 215-4311 toddhodgesdesign*qwestoffice. net Todd Hodges Design, LLC • We don't want to look at something like that out our garage door. I can't see through buildings. Why not put in a dog park? I can see through that. Plus, won't there be flooding on all the properties to the south? • You need to notify all of Pinnacle Park. 500 ft is dishonest. There are going to be lots of people upset about this. Todd explains the land use application process: that the property will be posted and they will have the two public hearings to voice their opinions. They can write letters if they'd like. He explained that first there is the change of zone process. The storage won't even be a part of that discussion. That will come later during a site planning process. The meeting ended at 7:28 PM. 2412 Denby Court • Fort Collins, Colorado 80526 • (970) 215-4311 toddhodgesdesign*qwestoffice. net Hello