HomeMy WebLinkAbout20174046.tiffBEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Tom Cope, that the following resolution be introduced for passage by the Weld County Planning
Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER:
APPLICANT:
PLANNER:
REQUEST:
LEGAL DESCRIPTION:
LOCATION:
COZ 17-0006
MIGUEL BENITEZ & MARIA GRANADOS-BENEVIDEZ
CHRIS GATHMAN
CHANGE OF ZONE REQUEST TO REZONE A PROPERTY FROM C-2
(GENERAL BUSINESS) AND R-1 (LOW DENSITY RESIDENTIAL) TO C-3
(BUSINESS COMMERCIAL).
EAST 390 FEET OF LOT 1 OF THE SW4SE4 SECTION 9, T5N, R65W OF THE
6TH P.M., WELD COUNTY, COLORADO, ACCORDING TO THE SUBDIVISION
OF LANDS BY THE UNION COLONY OF COLORADO.
SOUTH OF AND ADJACENT TO E 18TH STREET AND APPROXIMATELY 930
FEET EAST OF BALSAM AVENUE.
be recommended favorably to the Board of County Commissioners for the following reasons:
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 22-2-60 A. UC.Goal 1. of the Weld County Code states: "Assure proper location and operation of
compatible land uses by maintaining land use regulations within unincorporated communities."
The proposed site is located adjacent to existing commercial and industrial zoning and adjacent to commercial
and industrial uses to the north and east.
Section 22-2-100.C.Goal 1. of the Weld County Code 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 site is located within the urban growth boundary of the City of Greeley and the
Intergovernmental Agreement Boundary of the Town of Kersey.
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.
I-1 Industrial zoned property is located to the north of the site and C-2 Commercial zoned property is located to
the east and west of the site. A youth services facility is located to the east of the property. An existing Industrial
Use (approved under USR-964 for outside storage of vehicles over 6,000 pounds) is located to the north of the
site.
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,
Existing water service to the site is provided by the North Weld County Water District and there is an existing
septic system on the property (septic permit # SP -0200175)
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 site access directly onto a State Highway (1r Street AKA Highway 34 bypass). The Colorado Department
of Transportation indicated no comments in their referral response dated October 26, 2017.
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:
EXHIBIT
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RESOLUTION COZ17-0006
MIGUEL BENITEZ & MARIA GRANADOS-BENEVIDEZ
PAGE 2
1) Section 23-2-30.A.5.a. — The property is located within the Greeley -Weld County Airport Overlay District.
The Greeley -Weld County Airport responded with no concerns in their referral response dated November
27, 2017.
2) Section 23-2-30.A.5.b. - The proposed change of zone property is in a platted subdivision (Union Colony
Subdivision) and is covered by existing buildings and improvements. Also, the size of the parcel (5.49 acres)
is too small to be considered for mineral extraction.
3) Section 23-2-30.A.5.c. —The property is covered with existing buildings and improvements According to the
National Cooperative Soil Survey, the soil on the property is delineated as "not limited" for construction of
small commercial buildings.
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 C-2 and R-1 Zone District to C-3 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)
The applicant shall attempt to address the comments of the City of Greeley as stated in their referral response
dated September 26, 2017. Written evidence of such shall be provided to the Department of Planning Services.
(City of Greeley)
C. A nonconforming use application shall be submitted for the existing single-family residence on the property.
(Department of Planning Services)
D. The plat shall be amended to delineate the following:
1 All pages of the plat shall be labeled COZ17-0006 (Department of Planning Services)
2. The plat shall adhere to Section 23-2-50.C and D. of the Weld County Code. (Department of Planning
Services)
3. All recorded easements shall be shall be shown and dimensioned on the Change of Zone plat. (Department
of Planning Services)
4 Show the 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 which shall comply with the C-3 (Business
Commercial) Zone District requirements as set forth in Article III Division 3 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. Water service may be obtained from the City of Greeley. (Department of Public Health and Environment)
F. 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)
RESOLUTION COZ17-0006
MIGUEL BENITEZ & MARIA GRANADOS-BENEVIDEZ
PAGE 3
G. 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)
H. 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)
I. New buildings shall conform to the requirements of the various codes adopted at the time of permit application.
Currently, the following has been adopted by Weld County: 2012 International Building Code, 2006 International
Mechanical Code, 2006 International Plumbing Code, 2014 National Electrical Code and Chapter 29 of the Weld
County Code. (Department of Building Inspection)
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)
K. 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)
L. The historical flow patterns and run-off amounts will be maintained on. (Department of Planning Services -
Engineer)
M. 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.
RIGHT TO FARM STATEMENT: Weld County is one of the most productive agricultural counties in the United
States, typically ranking in the top ten counties in the country in total market value of agricultural products sold.
The rural areas of Weld County may be open and spacious, but they are intensively used for agriculture.
Persons moving into a rural area must recognize and accept there are drawbacks, including conflicts with long-
standing agricultural practices and a lower level of services than in town. Along with the drawbacks come the
incentives which attract urban dwellers to relocate to rural areas: open views, spaciousness, wildlife, lack of city
noise and congestion, and the rural atmosphere and way of life. Without neighboring farms, those features
which attract urban dwellers to rural Weld County would quickly be gone forever.
Agricultural users of the land should not be expected to change their long-established agricultural practices to
accommodate the intrusions of urban users into a rural area. Well -run agricultural activities will generate off -site
impacts, including noise from tractors and equipment; slow -moving farm vehicles on rural roads; dust from
animal pens, field work, harvest and gravel roads; odor from animal confinement, silage and manure; smoke
from ditch burning; flies and mosquitoes; hunting and trapping activities; shooting sports, legal hazing of
nuisance wildlife; and the use of pesticides and fertilizers in the fields, including the use of aerial spraying. It is
common practice for agricultural producers to utilize an accumulation of agricultural machinery and supplies to
assist in their agricultural operations. A concentration of miscellaneous agricultural materials often produces a
visual disparity between rural and urban areas of the County. Section 35-3.5-102, C.R.S., provides that an
agricultural operation shall not be found to be a public or private nuisance if the agricultural operation alleged to
be a nuisance employs methods or practices that are commonly or reasonably associated with agricultural
production.
RESOLUTION COZ17-0006
MIGUEL BENITEZ & MARIA GRANADOS-BENEVIDEZ
PAGE 4
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) 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.
Motion seconded by Michael Wailes.
VOTE:
For Passage
Bruce Johnson
Bruce Sparrow
Jordan Jemiola
Michael Wailes
Terry Cross
Tom Cope
Gene Stille
Lonnie Ford
Against Passage Absent
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioner's for further proceedings.
RESOLUTION COZ17-0006
MIGUEL BENITEZ & MARIA GRANADOS-BENEVIDEZ
PAGE 5
CERTIFICATION OF COPY
I, Kristine Ranslem, Recording Secretary for the Weld County Planning Commission, do hereby certify that the
above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County,
Colorado, adopted on December 5, 2017.
Dated the 5th of December, 2017
44-1,
Kristine Ranslem
Secretary
Ili nwits
12-5-v
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday. December 5, 2017
A regular meeting of the Weld County Planning Commission was held in the Weld County Administration
Building. Hearing Room, 1150 O Street, Greeley, Colorado. This meeting was called to order by Chair,
Terry Cross, at 12:30 pm.
Roll Call.
Present Bruce Johnson, Bruce Sparrow, Gene Stille. Jordan Jemiola. Michael Wailes, Terry Cross. Tom
Cope. Lonnie Ford.
Also Present: Kim Ogle and Chris Gathman. Department of Planning Services: Hayley Balzano,
Department of Planning Services — Engineering Division: Lauren Light and Ben Frissell. Department of
Health; Evan Pinkham, Public Works, Bob Choate. County Attorney, and Kris Ranslem, Secretary.
Motion: Approve the November 21, 2017 Weld County Planning Commission Minutes, Moved by Bruce
Sparrow, Seconded by Bruce Johnson. Motion passed unanimously.
CASE NUMBER COZ17-0006
APPLICANT MIGUEL BENITEZ & MARIA GRANADOS-BENEVIDEZ
PLANNER CHRIS GATHMAN
REQUEST CHANGE OF ZONE REQUEST TO REZONE A PROPERTY FROM C-2
(GENERAL BUSINESS) AND R-1 (LOW DENSITY RESIDENTIAL) TO C-3
(BUSINESS COMMERCIAL)
LEGAL DESCRIPTION. EAST 390 FEET OF LOT 1 OF THE SW4SE4 SECTION 9, T5N, R65W OF THE
6TH P.M., WELD COUNTY, COLORADO. ACCORDING TO THE SUBDIVISION
OF LANDS BY THE UNION COLONY OF COLORADO
LOCATION SOUTH OF AND ADJACENT TO E 18TH STREET AND APPROXIMATELY 930
FEET EAST OF BALSAM AVENUE
Chris Gathman, Planning Services, presented Case COZ17-0006. reading the recommendation and
comments into the record. Mr. Gathman noted that the existing residence is currently being lived in and
the applicants intend to continue to use it as a residence. Therefore, as a condition of approval. staff has
required that the applicant submit a Non -Conforming Use Application for the use of the residence. The
Department of Planning Services recommends approval of this application with the attached conditions of
approval and development standards.
Evan Pinkham, Public Works, reported on the existing traffic and access to the site.
Hayley Balzano. Engineering. reported on the drainage conditions for the site.
Lauren Light. Environmental Health, reviewed the public water and sanitary sewer requirements. on -site
dust control, and the Waste Handling Plan.
Christen DePetro, 1621 10' Avenue, Greeley, Colorado. stated that she is assisting the landowner. Miguel
Benitez. She said that they are requesting to use the property for his landscaping business and parking
and storage of trucks and landscaping materials.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Brenda Bails, 1841 Birch Avenue. stated that she lives east of the site. She asked if the applicants will do
something to screen their equipment and materials from her view She added that she is not opposed to
the business but does not want to see the business or hear the noise while she is trying to relax in her back
yard.
Ms. Gathman said that under the C-3 (Commercial) Zone District outdoor storage is allowed when screened
from public rights -of -way and adjacent properties. Therefore, through the Site Plan Review process, staff
can require screening of those items.
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The Chair asked the applicant if they have read through the Development Standards and Conditions of
Approval and if they are in agreement with those. The applicant replied that they are in agreement.
Motion: Forward Case COZ17-0006 to the Board of County Commissioners along with the Conditions of
Approval with the Planning Commission's recommendation of approval. Moved by Tom Cope. Seconded
by Michael Wailes.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 8)
Yes: Bruce Johnson, Bruce Sparrow, Gene Stille. Jordan Jemiola, Lonnie Ford, Michael Wailes, Terry
Cross, Tom Cope.
Commissioner Johnson said that this zoning is appropriate for this neighborhood.
Commissioner Cope encouraged the applicants that at the time of development they should take into
account their neighbor's view and screen their property
Meeting adjourned at 2:11 pm
Respectfully submitted,
461.4bant-- Ranthirt,
Kristine Ranslem
Secretary
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