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Home My WebLink About20171344.tiffLAND USE APPLICATION SUMMARY SHEET CHANGE OF ZONE Planner: Diana Aungst Case Number: COZ17-0002 Applicant: C. Bradley Keirnes Site Address: 16928 State Highway 392, Greeley, CO 80631 Representative: Todd Hodges 2412 Denby Court Fort Collins, CO 80526 Hearing Date: May 2, 2017 Request: Change of Zone from the A (Agricultural) Zone District to the C-3 (Business Commercial) Zone District Legal Being a part the NE4NE4 of Section 23, T6N, R66W of the 6th P.M., Weld County, Description: CO Location: South of and adjacent to Highway 392; west of and adjacent to CR 35. Acres: +/- 7.49 acres Parcel #. 0805-23-0-00-018 POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS The Department of Planning Services' staff has received responses from the following agencies: With Comment: VVVVVVVV City of Greeley, referral dated March 27, 2017 Greeley #2 Canal, referrals dated March 8, 2017 Eaton Fire Protection District, referral dated March 17, 2017 Weld County Zoning Compliance, referral dated March 15, 2017 Colorado Department of Transportation, referral dated March 28, 2017 Weld County Department of Public Works, referral dated March 27, 2017 State of Colorado, Division of Water Resources, referral dated April 7, 2017 Weld County Department of Planning Services - Engineer, referral dated March 28, 2017 Weld County Department of Public Health and Environment, referral dated April 3, 2017 Without Comment: y Town of Eaton, referral dated March 16, 2017 y Weld County Sheriff's Office, referral dated March 29, 2017 y Northern Colorado Water Conservancy District, referral dated March 17, 2017 The Department of Planning Services' staff has not received responses from: y Colorado Parks and Wildlife y Weld County School District RE -2 y North Weld County Water District y Weld County Department of Building Inspection COZ17-0002 - Keirnes Page 1 of 8 CHANGE OF ZONE ADMINISTRATIVE RECOMMENDATION Planner: Diana Aungst Hearing Date: May 2, 2017 Case Number: COZ17-0002 Applicant: C. Bradley Keirnes Site Address: 16928 State Highway 392, Greeley, CO 80631 Representative: Todd Hodges 2412 Denby Court Fort Collins, CO 80526 Request: Change of Zone from the A (Agricultural) Zone District to the C-3 (Business Commercial) Zone District Legal Being a part the NE4NE4 of Section 23, T6N, R66W of the 6th P.M., Weld County, Description: CO Location: South of and adjacent to Highway 392; west of and adjacent to CR 35. Acres: +/- 7.49 acres Parcel #. 0805-23-0-00-018 This case is an active Zoning Violation (ZCV16-00134) which was initiated due to the placement of a considerable amount of fill material and CDOT storage without first completing the necessary Weld County Zoning Permits. If this application is approved by the Board of County Commissioners and a plat is recorded this violation will be corrected. If this application is denied the Department of Planning Services asks that the Board of County Commissioners forward this case to the County Attorney's Office for legal action through the District Court process, but to delay that legal action for 30 (thirty) days to allow the applicant time to return the property to the original state and remove CDOT storage. 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.C. - C.Goal 1. states, "Promote the location of commercial uses within municipalities, County Urban Growth Boundary areas, Intergovernmental Agreement urban growth areas, growth management areas as defined in municipal comprehensive plans, the Regional Urbanization Areas, Urban Development Nodes or where adequate services are currently available or reasonably obtainable." The proposed Change of Zone is located south of and adjacent to State Highway 392 and west of and adjacent to CR 35. Adequate services are considered reasonably obtainable. COZ17-0002 - Keirnes Page 2 of 8 Section 22-2-100.C. - C.Goal 3. states, "All new commercial development should pay its own way." The applicant will be responsible for covering all costs for all on -site and any applicable off - site improvements associated with this use, as required through an Improvements Agreement. Section 22-6-20.A. - ECON.Goal 1. states, "Encourage the expansion of existing businesses and the location of new industries that will provide employment opportunities in the County." Commercial zoning on this site will promote the location of new business that will provide employment opportunities in the County. APPENDIX 22-A - North Greeley Rail Corridor Subarea Plan for Greeley and Weld County - Section 3 - Vision for the Subarea states, "Create opportunities for landowners to attract diverse, job -producing industries to locate in the North Greeley Rail Corridor Subarea because of the availability of key infrastructure such as the short -line railroad track, principal Roads, and central water and sewer, as well as a nearby diversely skilled educated workforce." If this rezoning is approved it will allow the landowner to create new business that will provide employment opportunities in the County. APPENDIX 22-A - North Greeley Rail Corridor Subarea Plan for Greeley and Weld County - Section 4.A. - NG-Econ.Goal 1. states, "Encourage a variety of industrial and commercial businesses within the Subarea that provide primary sector jobs and encourage a diversified economic base." The site is located in the North Greeley Rail Corridor Subarea Plan (Plan). The northern boundary of the Plan is State Highway 392 and the site is south of and adjacent to State Highway 392. The closest track is about 2 miles east of the site along State Highway 85. Due to the size of the site and the distance from rail the business located on it will not be directly related to rail such as trans -loading however rezoning this parcel to Business Commercial will allow the landowner to create jobs and contribute to a diversified economic job base for the County. 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 land south of the Greeley #2 Canal is zoned for rural residential under PZ-1090 (Eagle View Farms, PUD) the final plat has not yet been completed by the applicant. The property to the north of State Highway 392 is rural residential (Pinnacle Park Subdivision). It is unknown what type of uses will be on this site however, any proposed use in the C-3 (Business Commercial) Zone District will require either a Site Plan Review (if a Use by Right) or a Use by Special Review Permit. Per the Weld County Code the structures in a C-3 Zone District will be required to meet the 25 foot setback. Per Code Section 23-3-250.A.4. screening of outdoor storage and parking is required. Additionally, Code Section 23-3-250.A.5. requires a ten (10) foot landscape buffer abutting both roads. These Code sections along with the Greeley #2 Ditch will assist in buffering the proposed business from the adjacent rural residential land uses. The applicant held a neighborhood meeting and no one objected to this Change of Zone and the Weld County Department of Planning Services has not received any correspondence concerning this Change of Zone. COZ17-0002 - Keirnes Page 3 of 8 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. According to the referral comments from the Department of Public Health and Environment the site will be served by North Weld County Water District and individual on -site wastewater treatment systems for sewer (OWTS). The Conditions of Approval address the status of the OWTS and the permits required. 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. CDOT has indicated that the access on State Highway 392 will need to be closed and the Department of Public Works has stated that the access on CR 35 can be used as a commercial access point. 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 in a Special Flood Hazard Area. 2) Section 23-2-30.A.5.b. - The site is an existing 7.49 acre property. The size of the property and existing structures do not make it practical for commercial mining. 3) Section 23-2-30.A.5.c. - The use on the subject property will change to commercial and the structures will become non -conforming uses if the property owner uses the two existing structures as residences. The site is not located within a soil district. This recommendation is based, in part, upon a review of the application materials submitted by the applicant, other relevant information regarding the request, and responses from referral entities. The Change of Zone from the A (Agricultural) Zone District to the C-3 (Business Commercial) Zone District is conditional upon the following: 1. Prior to recording the plat: A. The septic system serving the two homes shall have a statement of existing and inspection completed. In the event the system is found to be inadequate, the system must be brought into compliance with current OWTS regulations or a new OWTS shall be installed. (Department of Public Health and Environment) B. The applicant shall attempt to address the requirements (concerns) of the City of Greeley, as stated in the referral response dated March 27, 2017. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Planning Services) C. The applicant shall attempt to address the requirements (concerns) of Eaton Fire Protection District, as stated in the referral response dated March 17, 2017. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Planning Services) D. The applicant shall attempt to address the requirements (concerns) of Greeley #2 Ditch (New Cache La Poudre Irrigating District), as stated in the referral response dated April 8, 2017. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Planning Services) COZ17-0002 - Keirnes Page 4 of 8 E. The applicant shall address the requirements (concerns) of Colorado Department of Transportation, as stated in the referral response dated March 28, 2017. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Planning Services) F. The applicant shall address the requirements (concerns) of Division of Water Resources, as stated in the referral response dated April 7, 2017. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Planning Services) G. The applicant shall submit a Non -Conforming Use (NCU) application if the applicant intends to use either or both of the structures for residential purposes. Additionally, an NCU note shall be added to the plat: "A Nonconforming Use, under case no. NCU17-XXXX, has been established for the existing residence built in [year built]. This use is subject to the requirements of Article VII of the Weld County Code." (Department of Planning Services) H. The plat shall be amended to delineate the following: 1. All pages of the plat shall be labeled COZ17-0002. (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) 4. County Road 35 is a paved road and is designated on the Weld County Road Classification Plan as a arterial road which requires 140 feet of right-of-way at full buildout. The applicant shall delineate on the site plan the future and existing right-of- way. All setbacks shall be measured from the edge of future right-of-way. This road is maintained by Weld County. (Department of Public Works) 5. Show and label the approved access(es) (AP17-00144), and the appropriate turning radii on the site plan. (Department of Public Works) 6. Show the approved Colorado Department of Transportation (CDOT) access(es) on the site plan and label with the approved access permit number if applicable. (Department of Public Works) 2. The following notes shall be delineated on the Change of Zone plat: A. The Change of Zone allows for C-3 (Business Commercial) uses and shall comply with the C- 3 (Business Commercial) Zone District requirements as set forth in Article III Division 5 of the Weld County Code. (Department of Planning Services) B. 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) C. Any future structures or uses on site must obtain the appropriate zoning and building permits. (Department of Planning Services) D. The property owner shall control noxious weeds on the site. (Department of Public Works) E. The 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) COZ17-0002 - Keirnes Page 5 of 8 F. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized. (Department of Public Works) G. The historical flow patterns and runoff amounts will be maintained on the site. (Department of Planning Services - Engineer) H. Water service may be obtained from North Weld County Water District. (Department of Public Health and Environment) I. 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) J. 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) K. 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) L. 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) M. 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) N. 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. O. 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) P. 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. COZ17-0002 - Keirnes Page 6 of 8 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. Q. 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. 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. COZ17-0002 - Keirnes Page 7 of 8 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. 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. COZ17-0002 - Keirnes Page 8 of 8 March 28, 2017 DEPARTMENT OF PLANNING SERVICES 1555 N 17th AVE GREELEY, CO 80631 WEBSITE: www.co.weld.co.us E-MAIL: daungst@co.weld.co.us PHONE: (970) 353-6100, Ext. 3524 FAX: (970) 304-6498 HODGES TODD 2412 DENBY COURT FORT COLLINS, CO 80526 Subject: CO717-0002 - Change of Zone from A (Agricultural) Zone District to the C-3 (Commercial) Zone District. On parcel(s) of land described as: PART NE4NE4 SECTION 23, T6N, R66W OF THE 6TH P.M., WELD COUNTY, COLORADO. Dear Applicants: I have scheduled a meeting with the Weld County Planning Commission on May 2, 2017, at 12:30 p.m. A subsequent hearing with the Board of County Commissioners will be held on May 24, 2017 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, OkAk-Q9,a1/11, Diana Aungst Planner March 15, 2017 DEPARTMENT OF PLANNING SERVICES 1555 N 17th AVE GREELEY, CO 80631 WEBSITE: www.co.weld.co.us E-MAIL: daungst@co.weld.co.us PHONE: (970) 353-6100, Ext. 3524 FAX: (970) 304-6498 HODGES TODD 2412 DENBY COURT FORT COLLINS, CO 80526 Subject: COZ17-0002 - Change of Zone from A (Agricultural) Zone District to the C-3 (Commercial) Zone District. On parcel(s) of land described as: PART NE4NE4 SECTION 23, T6N, R66W 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: Eaton at Phone Number 970-454-3338 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, Diana Aungst Planner FIELD CHECK Inspection Date: 4/21/17 Case Number: Applicant: Site Address: Representative: Request: Legal Description: Location: Acres: COZ17-0002 C. Bradley Keirnes 16928 State Highway 392, Greeley, CO 80631 Todd Hodges 2412 Denby Court Fort Collins, CO 80526 Change of Zone from the A (Agricultural) Zone District to the C-3 (Business Commercial) Zone District Being a part the NE4NE4 of Section 23, T6N, R66W of the 6th P.M., Weld County, CO South of and adjacent to Highway 392; west of and adjacent to CR 35. +/- 7.49 acres Parcel #. 0805-23-0-00-018 Zoning Land Use N A (Agricultural) N Rural Residential (Pinnacle Park 1st Filing) E A (Agricultural) E Rural Residential S PUD S Agriculture W PUD W Agriculture COMMENTS: The site contains a two structures (single family dwelling units) and an outbuilding. There is an access to the site off of HWY 392 and another access off of CR 35. cit.,I Diana Aungst, Planner Hello