HomeMy WebLinkAbout20162374.tiffPlanner:
Case Number:
Request:
Legal
Description: the 6th P.M., Weld County, CO
Location:
Acres: +/- 6.66 acres
LAND USE APPLICATION
SUMMARY SHEET
CHANGE OF ZONE
Kim Ogle
COZ16-0002
Change of Zone from the C-1 (Neighborhood Commercial) Zone District to the 1-3
(Industrial) Zone District
Hearing Date: July 19, 2016
Lot 2 Union Colony subdivision being part of the NW4SW4 Section 4, T5N, R65W of
Approximately 540 feet north of Hwy 263 (Eighth Street) and approximately 435 feet east
of north First Avenue
Parcel #. 0961-04-3-01-001
POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS
The Department of Planning Services' staff has received responses from the following agencies:
The Department of Planning Services' staff has received referral responses with comments from the following
agencies:
y City of Greeley, referral dated May 20, 2016
y Weld County Department of Planning - Engineer, referral dated May 23, 2016
y Weld County Attorney's office, email dated May 24, 2016
y Weld County Department of Public Health and Environment, referral dated May 26, 2016
✓ Weld County Department of Public Works, referral dated May 27, 2016
✓ Weld County Department of Planning Services - Floodplain, referral dated June 7, 2016
The Department of Planning Services' staff has received referral responses without comments from the following
agencies:
• Weld County Zoning Compliance, referral dated April 29, 2016
• Weld County Sheriff's office, referral dated April 29, 2016
• Weld County Department of Public Works - Access, referral dated May 13, 2016
The Department of Planning Services' staff has not received responses from the following agencies:
Western Hills Fire Protection District
COZ16-0002
Page 1 of 7
CHANGE OF ZONE
ADMINISTRATIVE RECOMMENDATIO
Planner: Kim Ogle Hearing Date: July 19, 2016
Case Number: COZ16-0002
Applicant: Coastal Chemical Company, LLC
Request: Change of Zone from the C-1 (Neighborhood Commercial) Zone District to the 1-3
(Industrial) Zone District
Legal Lot 2 Union Colony subdivision being part of the NW4SW4 Section 4, T5N, R65W of
Description: the 6th P.M., Weld County, CO
Location: Approximately 540 feet north of Hwy 263 (Eighth Street) and approximately 435 feet east
of north First Avenue
Acres: +1- 6.66 acres Parcel #. 0961-04-3-01-001
Description:
The applicant is requesting to rezone this property from the C-1 (Neighborhood Commercial) Zone District to
the 1-3 (Industrial) Zone District
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 22-2-80 A. (.Goal 1. states, "Promote the location of industrial uses within
municipalities, County Urban Growth Boundary areas, Intergovernmental Agreement urban
growth areas, growth management areas as defined in municipalities' comprehensive plans,
the Regional Urbanization Areas, Urban Development Nodes, along railroad infrastructure or
where adequate services are currently available or reasonably obtainable."
The proposed Change of Zone from C-1 (Neighborhood Commercial) is located adjacent to
the City of Greeley's corporate limits to the west and south. To the west is the Plains Marketing
Minor Subdivision zoned Industrial medium intensity; to the south are individual parcels also
zoned Industrial medium intensity. To the east and southeast are parcels within unincorporated
Weld County that are zoned 1-2. Adequate industrial levels of services and facilities are
currently available or reasonably obtainable.
COZ16-0002
Page 2 of 7
Section 22-2-70 D. I.Goal 4. states, "All new industrial 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 the Improvements Agreement.
Section 22-2-70 B. I.Goal 2. states, "Encourage appropriate industrial development to annex into
a municipality if the new or expanding industrial development is adjacent to the municipality's
corporate limits."
The proposed Change of Zone is located adjacent to the City of Greeley's corporate limits. The
City of Greeley has annexed the land adjacent to the west and south of the site and those properties
are zoned Industrial Medium Intensity per the City of Greeley.
Section 22-2-80 C. (.Goal 3. states, "Consider how transportation infrastructure is affected by the
impacts of new or expanding industrial developments."
The site is in the near vicinity of a major north -south transportation corridor State Highway 85 and
also near a regional transportation corridor, E. Eighth Street.
Section 22-6-20 C. ECON.Goal 3. states, "Structure land use policies and regulations so that they
encourage County -wide economic prosperity and economic growth." Section 22-6-20 E.
ECON.Goal 5. states, "Recognize and promote specific places and resources in the County that
can uniquely support economic development." And Section 22-6-20 E. EC0N.Policy 5.1. states,
"The County should encourage an adequate supply of both services and land suitable for industrial
development and redevelopment."
This Change of Zone will add to the land suitable for industrial development and support
economic development.
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.
Any proposed use in the 1-3 Industrial Zone District will require either a Site Plan Review (if a Use
by Right) or a Use by Special Review Permit. Depending on the uses proposed a buffer may be
required. The Department of Planning Services has not received any correspondence from the
surrounding property owners about this Change of Zone request.
The City of Greeley indicated that the site is located within the Northeast Industrial Area of Greeley's
2060 Comprehensive Plan. This plan envisions industrial uses in this vicinity. Additionally, this site is
bordered by property within the City of Greeley that is zoned Industrial Medium Intensity.
C. 23-2-30.A.3. - 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 dated
May 26, 2016 and as specified by the Weld County Assistant Attorney in the email dated May 24,
2016, water and sewer are not required for the proposed use indicated by the property owner. If
these become required due to development then annexation into the City of Greeley may be
required. The City of Greeley Water and Sewer Department indicated in a referral dated May 20,
2016 the City had an 8 inch main directly adjacent to the site with no obvious impediments for the
parcel to connect.
The City of Greeley indicated that the subject properties are located within the City of Greeley Long
Range Expected Growth Area (LREGA). If in the future, additional water and sanitary sewer service
are requested for the lots, then annexation into the City of Greeley will be required prior to the City
of Greeley providing utility service. The City of Greeley does not currently provide utility services to
the property south of the Geisert subdivision.
COZ16-0002
Page 3 of 7
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 current access points are not changing. The subject property has a non-exclusive easement for
ingress and egress over a 30 foot strip of land described in the Easement recorded October 15, 1976
at Reception No. 1701408 and recorded November 1, 1977 at Reception No. 1734763 and as shown
on the plat of the Plains Marketing Minor Subdivision recorded October 30, 2003 at Reception No.
3122186, County of Weld State of Colorado. The permitted access point to the site (AP15-00535) is
a shared access point for Coastal Chemical Company LLC having a Legal description of Lot 6 Geisert
Subdivision and Lot 2 of Union Colony subdivision.
The application materials state that the current Coastal Chemical Company LLC location maintains
an office, indoor storage for some of the company products, a product storage tank battery and three
distribution trucks. Space is tight at the current E. 4th Street Road location and in May 2014 Coastal
Chemical Company LLC purchased Lot 2 in the Union Colony subdivision for the expansion of the
current business operations that are expected to grow to 10 trucks and employ up to 30 employees.
The Geisert parcel has a land use permit (SPR-159) and the proposed improvements are in review
under SPR16-0006.
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. The site will be located in a Special Flood Hazard Area (Zone A) according to the
recently FEMA accepted DFIRMs effective on January 20, 2016. Per the application, a
majority of the site is located in the Cache la Poudre floodplain. Floodplain
Development Permit FHDP15-O058 for a chemical and fuel storage was approved
with conditions on October 29, 2015 by the Floodplain planner.
2. Section 23-2-30.A.5.b. - The Weld County Sand and Gravel Resources Map identifies this
area as: Unevaluated Aggregate - Stream Terrace deposits (T4). Unevaluated Aggregate
is classified as coarse and fine aggregate resources that were not evaluated because of
inadequate exposures, lack of drill -hole data, location, access, poor potential, areal extent, or
a prior land use that excludes the possibility of recovering aggregate. According to the
Geotechnical Investigation prepared by CTL Thompson Incorporated, LLC dated January 30,
2015 and signed and stamped by a Professional Engineer the property is not suitable for
sand and gravel operations or mineral extraction. The proposed change of zone will not
preclude or prohibit the future extraction of a mineral deposit such as oil and gas.
3. Section 23-2-30.A.5.c. - The CTL Thompson Incorporated, LLC dated January 30, 2015
states that there was unconsolidated fill placement on site that is not considered suitable for
structural support. The fill material in the area of proposed construction should be over
excavated down to the native soil and re -compacted per the recommended design criteria in
the engineering recommendations. The presence of expansive soils and bedrock constitutes a
geologic hazard. There is risk that foundations will heave or settle and be damaged, A
geotechnical investigation should be conducted at each proposed building site to identify
if these conditions exist.
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-1 (Neighborhood Commercial) Zone District to the 1-3 (Industrial)
Zone District is conditional upon the following:
1. The plat shall be amended to delineate the following:
A. All pages of the plat shall be labeled COZ16-0002. (Department of Planning Services)
B. The plat shall adhere to Section 23-2-50.C. and D. of the Weld County Code. (Department of
Planning Services)
COZ16-0002
Page 4 of 7
C. Show and label all easements with the recorded document reception number and date on the
plat. (Department of Planning Services)
D. East 41h Street Rd. is a paved road and is designated on the Weld County Road Classification
Plan 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. All
setbacks shall be measured from the edge of right-of-way. This road is maintained by Weld
County. (Department of Public Works)
E. Show and label the approved access with the access permit #AP15-00535 on the plat.
(Department of Public Works)
F. Show the floodplain and floodway (if applicable) boundaries on the map. Label the floodplain
boundaries with the FEMA Flood Zone and FEMA Map Panel Number or appropriate study.
(Department of Planning Services - Floodplain)
2. The following notes shall be delineated on the Change of Zone plat:
A. The Change of Zone allows for 1-3 (Industrial) uses which shall comply with the 1-3 (Industrial) Zone
District requirements as set forth in Chapter 23, Article III, Division 4 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. The property owner or facility operator shall ensure that the site remains in compliance with FEMA,
Colorado Water Conservation Board and the Weld County floodplain regulations (Chapter 23,
Article XI) at all times and as further specified via FHDP15-0058. (Department of Planning
Services - Floodplain)
D. A Flood Hazard Development Permit is required for all construction or development occurring in the
floodplain or floodway as delineated on Federal Emergency Management Agency (FEMA) FIRM
Community Panel Map #08123C -1541E effective date January 20, 2016 (Cache la Poudre River
Floodplain). Any development shall comply with all applicable Weld County requirements, Colorado
Water Conservation Board requirements as described in Rules and Regulations for Regulatory
Floodplains in Colorado, and FEMA regulations and requirements as described in 44 CFR parts 59,
60, and 65. The FEMA definition of development is any man-made change to improved or
unimproved real estate, including but not limited to buildings or other structures, mining, dredging,
filling, grading, paving, excavation, drilling operations, or storage of equipment and materials.
(Department of Planning Services - Floodplain)
E. The property owner shall control noxious weeds on the site. (Department of Public Works)
F. 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)
G. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Department of Public Works)
H. The historical flow patterns and runoff amounts will be maintained on the site. (Department of
Planning - Engineer)
I. Water service shall be obtained from the City of Greeley which may require annexation.
(Department of Public Health and Environment)
J. The parcel is currently not served by a municipal sanitary sewer system or On -site Waste Water
Treatment System. Sewage disposal may be by septic systems designed in accordance with the
COZ16-0002
Page 5 of 7
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 or by a municipal system. If sewer is to be served by a municipal source
the site may require annexation. (Department of Public Health and Environment)
K. Language for the preservation and/or protection of the absorption field shall be placed on the plat.
The note shall state; 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)
L. 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 the Weld County
Health Department, a fugitive dust control plan must be submitted. (Department of Public Health
and Environment)
M. If land development creates more than a 25 -acre contiguous disturbance, or exceeds 6 months in
duration, the responsible party shall prepare a fugitive dust control plan, submit an air pollution
emissions notice, and apply for a permit from the Colorado Department of Public Health and
Environment. (Department of Public Health and Environment)
N. A stormwater discharge permit may be required for a development/redevelopment /construction
site where a contiguous or non-contiguous land disturbance is greater than or equal to one acre in
area. Contact the Water Quality Control Division of the Colorado Department of Public Health and
the Environment at www.cdphe.state.co.us/wq/PermitsUnit for more information. (Department of
Public Health and Environment)
O. Buildings, structures 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; 2012 International Mechanical Code; 2012 International Plumbing
Code: 2012 International Energy Code; 2006 International Fuel Gas Code; the 2012 International
Plumbing Code; 2014 National Electrical Code; 2003 ANSI 117.1 Accessibility Code and Chapter
29 of the Weld County Code. (Department of Building Inspection)
P. 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 Building Inspection)
Q. 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)
R. 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. (Department of Planning Services)
COZ16-0002
Page 6 of 7
T. Weld County's "Right to Farm" as provided in Appendix 22-E of the Weld County Code shall be
placed on any recorded plat.
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.
COZ16-0002
Page 7 of 7
June 28, 2016
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.co.weld.co.us
E-MAIL: kogle@co.weld.co.us
PHONE: (970) 353-6100, Ext. 3549
FAX: (970) 304-6498
HELLERICH THOMAS
5401 W 10TH ST
GREELEY, CO 80634
Subject: COZ16-0002 - CHANGE OF ZONE FROM THE C-1 (NEIGHBORHOOD COMMERCIAL)
ZONE DISTRICT TO THE I-3 (INDUSTRIAL) ZONE DISTRICT
On parcel(s) of land described as:
LOT 2 NW4SW4 SECTION 4, 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 19, 2016, at 12:30 p.m.
Asubsequent hearing with the Board of County Commissioners will be held on August 10, 2016 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.weldcountyplanni ngcases.orq
If you have any questions concerning this matter, please call.
Respectfully,
Digitally signed by Kristine Ranslem
Reason: I am the author of this document
Date: 2016.06.2811:51:17 -06'00'
Kim Ogle
Planner
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.co.weld.co.us
E-MAIL: kogle@co.weld.co.us
PHONE: (970) 353-6100, Ext. 3549
FAX: (970) 304-6498
April 28, 2016
WINTERS, HELLERICH & HUGHES, LLC
HELLERICH TOM
5401 W 10TH ST
GREELEY CO 80634
Subject: COZ16-0002 - CHANGE OF ZONE FROM THE C-1 (NEIGHBORHOOD COMMERCIAL)
ZONE DISTRICT TO THE I-3 (INDUSTRIAL) ZONE DISTRICT
On parcel(s) of land described as:
LOT 2 PART OF NW4SW4 SECTION 4, 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 Commission(s) for their review and comments:
Greeley at Phone Number 970-350-9780
Please call the listed Planning Commissions, for information regarding the date, time and place of the
meeting and the review process. It is recommended that you and/or a representative be in attendance at
each of the meetings described above in order to answer any questions that might arise with respect to
your application.
If you have any questions concerning this matter, please call.
Respectfully,
Digitally signed by Kristine Ranslem
Reason: I am the author of this document
Date: 2016.04.28 13:54:33 -06'00'
Kim Ogle
Planner
FIELD CHECK- COZ16-0002
Inspection Date: July 1, 2016
Applicant: Coastal Chemical Company, LLC
Request: Change of Zone from the C-1 (Neighborhood Commercial) Zone District to the 1-3 (Industrial)
Zone District
Legal: Lot 2 Union Colony subdivision being part of the NW4SW4 Section 4, T5N, R65W of the 6th
P.M., Weld County, CO
Location: Approximately 540 feet north of Hwy 263 (Eighth Street) and approximately 435 feet east of
north First Avenue
Parcel I D #: 0961-04-3-01-001
Acres: 6.66 +/-
Zoning
Land Use
N
1-3, Industrial
N
Sharp Bros Seed Company and Coastal Chemical Co.
E
1-2, Industrial
E
Rocky Mountain Inspection Services, Pipe Yard
S
City of Greeley, Industrial Medium
Intensity
S
Equipment Sales Yard
W
City of Greeley, Industrial Medium
Intensity
W
Plains Marketing, Truck Facility
Comments:
The property is an island parcel located in the Cache la Poudre Floodplain. The property is in mown
grasses and is entirely fenced. Access to the site will be from East 41h Street Road through the current
Coastal Chemical Facility located on Lot 6 of the Geisert Subdivision and into the property. There is an
approved access permit, (AP15-00535) for a shared access for Coastal Chemical Company LLC located
on Lot 6 Geisert Subdivision and the property. The historic access is via a 30 foot in width access and
utility easement as shown on the plat of the Plains Marketing Minor Subdivision. The easement is graded
and the property is fenced at the property line.
The property is vacant without improvements. Utilities are in the general area.
d,c
Sign,
❑ Access to Property —AP15-00535 ❑ Site Distance
❑ Ditch — wet property line private lateral ❑ Topography - Flat
Note any commercial business/commercial vehicles that are operating from the site.
Property currently utilized for outdoor storage
Hello