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HomeMy WebLinkAbout20153548.tiff '\1 LAND USE APPLICATION ✓ � SUMMARY SHEET 7 Y CHANGE OF ZONE C04 Planner: Diana Aungst Hearing Date: October 20, 2015 Case Number: COZ15-0001 Applicant: Weld 34, LLC do EnviroTech Services Request: Change of Zone from the A (Agricultural) Zone District to the 1-2 (Industrial) Zone District Legal Lot B RE-4866 being part NW4 Section 18, T5N, R67W and the N2 NW4 Section 18, Description: T5N, R67W of the 6th P.M., Weld County, CO Location: East of and adjacent to County Road 13 and south of and adjacent to U.S. Highway 34 Acres: +1- 136.55 acres Parcel #s: 0957-18-2-00-039 and 0957-18-2-00-052 POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS The Department of Planning Services' staff has received referral responses with comments from the following agencies: ➢ Town of Windsor, referral dated June 12, 2015 ➢ Town of Johnstown, referral dated July 6, 2015 • Reorganized Farmers Ditch Company, referral dated June 1, 2015 • City of Greeley— Planning Department, referral dated June 12, 2015 • Weld County Department of Planning Services- Engineer, referral dated June 10, 2015 • Weld County Department of Public Health and Environment, referral dated June 15, 2015 Department of Planning Services' staff has received referral responses without comments from the following agencies: ➢ Town of Garden City, referral dated June 1, 2015 • Colorado Parks and Wildlife, referral dated June 16, 2015 • Weld County Zoning Compliance, referral dated May 18, 2015 • Windsor-Severance Fire Protection District, referral dated May 28, 2015 ▪ State of Colorado, Division of Water Resources, referral dated June 3, 2015 ▪ Weld County Department of Public Works—Access, referral dated June 15, 2015 The Department of Planning Services' staff has not received responses from the following agencies: ➢ Larimer County ➢ Great Western Railway ➢ City of Loveland ➢ Loveland and Greeley Canal ➢ Hill and Brush Ditch Company ➢ Big Thompson Conservation District ➢ City of Greeley Water Department ➢ State of Colorado Department of Transportation ➢ Weld County School District RE-5J COZ15-0001 Page 1 of 9 CHANGE OF ZONE ADMINISTRATIVE RECOMMENDATION t0UNIY Planner: Diana Aungst Hearing Date: October 20, 2015 Case Number: COZ15-0001 Applicant: Weld 34, LLC do EnviroTech Services Request: Change of Zone from the A (Agricultural) Zone District to the 1-2 (Industrial) Zone District Legal Lot B RE-4866 being part NW4 Section 18, T5N, R67W and the N2 NW4 Section 18, Description: T5N, R67W of the 6th P.M., Weld County, CO Location: East of and adjacent to County Road 13 and south of and adjacent to U.S. Highway 34 Acres: +/- 136.55 acres Parcel #s: 0957-18-2-00-039 and 0957-18-2-00-052 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 is located south of and adjacent to U.S. Highway 34 and east of CR 13. The Great Western Rail bisects this northwestern corner of the site and adequate services are considered reasonably obtainable. There is a residence on this property which is served with public water from the City of Greeley and a septic system. Future development on the site may require upsizing of the water line and a possible change in use of the water tap. If approved this Change of Zone will provide a "shovel-ready" industrial site where primary job providers would be able to develop due to zoning, infrastructure and services in place or reasonably obtainable. Section 22-6-20 ECON.Policy 3.1. states, "County activities and regulation should protect the rights of private property owners and the public health, safety and welfare, recognizing that these basic rights and protections allow the free market to prosper and grow the local economy." COZ15-0001 Page 2 of 9 The applicant is requesting a Change of Zone to 1-2 Industrial in accordance with the Change of Zone process outlined in the Weld County Code. This industrial zone contributes to the growth of the local economy. Section 22-6-20 E. ECON.Policy 5.1. states, 1. "The County should encourage an adequate supply of both services and land suitable for industrial development and redevelopment." An additional 137 acres of industrial zoned land provides opportunities for businesses to locate close to rail and road infrastructure. Additionally, there are services available or reasonably obtainable. Section 22-2-30 B. states, "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. It relies on higher levels of services and infrastructure. Urban development patterns typically include a mix of residential, commercial, industrial and civic land uses in a compact transportation-oriented form. Larger areas of pavement for roadways, plazas and parking lots often accompany these uses. Industrial uses in urban areas vary from heavy industry and manufacturing to manufacturing combined with research and development,which is less obtrusive and disruptive to surrounding properties. Frequently the heavier industrial uses are segregated into areas around the perimeter of communities and linked to major transportation networks. Light industry and manufacturing may also be at the perimeters, but they are more often integrated into the community." The intersection of CR 13 and U.S. Highway 34 is a major intersection and is designed to accommodate urban development. The mix of uses in the area is typical of urban development. The proposed Change of Zone is for 1-2 Industrial uses which may be considered light industry and manufacturing which could be integrated into the community. 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 22-2-80 C. I.Goal 3. states, "Consider how transportation infrastructure is affected by the impacts of new or expanding industrial developments." The proposed Change of Zone is located south of adjacent U.S. Highway 34 and east of CR 13. The Great Western Rail bisects this northwestern corner of the site. Improvements for CR 13 and U.S. Highway 34 are proposed due to the approval of the Martin Marietta asphalt and concrete batch plant. It is unknown what type of uses will be on this site however, staff is requiring a traffic impact study with land use applications that have significant traffic so it can be determined if additional improvements to the intersection are required. Section 22-2-80 G. I.Goal 7. states, "Recognize the importance of railroad infrastructure to some industrial uses." Since there is rail on the site this may attract users who could benefit from this infrastructure. Section 22-3-60. F. T.Goal 6. States, "Encourage the continued use of rail corridors for future rail-related transportation uses." The Great Western Rail bisects that is located on this site this northwestern corner of the site and due to the location of the rail it is likely that proposed uses could benefit from this infrastructure. COZ15-0001 Page 3 of 9 Section 22-6-20 E.3. ECON.Policy 5.3. states, "Recognize and support existing railroad infrastructure." The northwest corner of this site has the Great Western Rail tracks on it therefore potential users may utilize this rail. Section 22-6-20 E.2. ECON.Policy 3.2. states, "Ensure that County land use policies and regulations are structured so as not to impede economic prosperity and growth." The County's land use policies allow for a request of a Change of Zone. The regulations are of the Weld County Code are written to allow property owners to request to change the zoning on their properties. 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." This Change of Zone will add to the land suitable for industrial development and support economic development of the County. 1-2 Industrial zoning allows a wide-range of uses that are available to businesses. 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. Any proposed use in the 1-2 Industrial Zone District will require either a Site Plan Review (if a Use by Right) or a Use by Special Review Permit. The land to the east of the site is a low- density residential subdivision (Indianhead Subdivision) which is zoned Agricultural. Due to the close proximity of low-density residential staff is recommending screening and buffering between the 1-2 development and the low-density residential uses adjacent to the site. The Department of Planning Services has received 59 letters from the surrounding property owners concerning this Change of Zone request. The letters outline concerns of incompatibility between the 1-2 (industrial)zone and the adjacent residential low-density subdivision. The Town of Windsor and the City of Greeley submitted referral agency comments both dated June 12, 2015, which state that this development is inconsistent with the existing 2008 Windsor/Greeley Intergovernmental Agreement (IGA) and that the proposal is incompatible with the vision that the Town of Windsor and the City of Greeley have developed for this area. The Town of Johnstown submitted referral agency comments dated July 6, 2015 in the form of Resolution 2015-08 opposing this Change of Zone based on the incompatibility with the with the Town of Johnstown Comprehensive Plan as this property is designate for commercial uses in the Town of Johnstown Comprehensive Plan. The Resolution also states that the industrial uses would negatively impact the Indianhead residential subdivision. C. Section 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 and the application materials the water to the site will be provided by the City of Greeley. Sewage disposal will be handled by an on-site wastewater treatment system (septic system). Septic systems will be evaluated at time of Site Plan Review and prior to the issuance of a building permit. 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 with this Change of Zone application. The subject property has accesses from CR 13 to the residence, ag, and oil and gas. The application COZ15-0001 Page 4 of 9 materials are not proposing any development on the site and there is one residence on the parcels with the remainder of the land being used for agricultural purposes. When development is proposed for the site the roads, access points, and/or intersection may require improvements. 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 Weld County Sand and Gravel Resources Map does not identify this area to have any aggregate resources. According to the Mineral Resource Statement there may be some gravel layers present on this upland surface but the overburden limits their value as a resource. The most likely areas for extract will be confined to the narrow strip north of the river where the overburden is thinnest. The Big Thompson River is approximately 1.25 miles south of and 110 feet lower than this property. 3) Section 23-2-30.A.5.c. — The soils do not have any limitations for construction. The site consists of 77%Wiley-Colby complex with slopes of 1%-3%,and 18% Nunn clay loam with slopes of 0%-1%. 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 1-2 (Industrial)Zone District is conditional upon the following: 1. Prior to recording the plat: A. Submit documentation from Little Thompson Water District indicating that water service is available. (Department of Public Health and Environment) B. All septic systems located on the property shall have appropriate documentation from the Weld County Department of Public Health & Environment. The Environmental Health Division of the Weld County Department of Public Health & Environment was unable to locate a septic permit for the existing residence. Any existing septic system which is not currently documented/permitted through the Weld County Department of Public Health & Environment will require a Statement of Existing Evaluation prior to the issuance of the required documentation/permit. In the event the system is found to be inadequate, the system must be brought into compliance with current OWTS regulations. (Department of Public Health and Environment) 2. The plat shall be amended to delineate the following: A. All pages of the plat shall be labeled COZ15-0001. (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) C. County Road 13 is a paved road and is designated on the Weld County Road Classification plan as an arterial road, which requires 140 feet of right-of-way at full buildout. The applicant shall verify and delineate on the map the future and 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 future right-of-way. This road is maintained by Weld County. (Department of Planning Services- Engineer) COZ15-0001 Page 5of9 D. The applicant shall indicate specifically on the plat any right of way and/or easements and indicate whether they are dedicated, private, or deeded and label with recorded document, book and page and/or reception number to provide adequate access to the parcel. (Department of Planning Services - Engineer) E. Show and label the approved accesses with the access permit number(#AP15-00268) on the plat. (Department of Public Works) 3. The following notes shall be delineated on the Change of Zone plat: A. The Change of Zone allows for 1-2 (Industrial) uses which shall comply with the 1-2 (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. Any future structures or uses on site must obtain the appropriate zoning and building permits. (Department of Planning Services) D. If determined to be required by either the Director of the Department of Planning Services or the Weld County Board of Commissioners in the course of processing a Site Plan Review or a Use by Special Review Permit screening and/or buffering appropriate to the proposed use may be installed between the residential properties to the east and west. The screening and buffering may vary in size and density depending on the use or uses proposed (Department of Planning Services) E. A detailed Traffic Impact Study may be required with each Site Plan Review application. Offsite roadway and/or intersection improvements may be required. (Department of Planning Services) F. The owner, and its heirs, successors, or assigns, agrees to notify adjacent property owners within 500 feet of the boundary of the parent parcels at the time of initial submittal of any land use application (Site Plan Review, Use by Special Review, etc.). (Department of Planning Services) G. Should noxious weeds exist on the property,or become established as a result of the proposed development, the applicant/landowner shall be responsible for controlling the noxious weeds, pursuant to Chapter 15, Articles I and II, of the Weld County Code. (Department of Planning Services— Engineer) H. The historical flow patterns and runoff amounts will be maintained on the site. (Department of Planning Services— Engineer) I. Water service shall be obtained from the City of Greeley or Little Thompson Water District. (Department of Public Health and Environment) J. The parcels are not served by a municipal sanitary sewer system. Sewage disposal shall 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) COZ15-0001 Page 6 of 9 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. 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) P. Each new building will require an engineered foundation based on a site-specific geotechnical report or an open-hole inspection performed by a Colorado registered engineer. Engineered foundations shall be designed by a Colorado registered engineer. (Department of Building Inspection) Q. 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) R. Building Permits issued on the proposed lots will be required to adhere to the fee structure of the Countywide Road Fee Impact Program. (Department of Planning Services) S. Building Permits issued on the proposed lots, will be required to adhere to the fee structure of the County Facility Fee and Drainage Impact Fee program. (Department of Planning Services) T. 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) COZ15-0001 Page 7 of 9 U. 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. V. WELD COUNTY'S RIGHT TO FARM: 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. 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. COZ15-0001 Page 8of9 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. (Department of Planning Services) 4. 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. 5. 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). 6. 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. COZ15-0001 Page 9 of 9 H N DEPARTMENT OF PLANNING SERVICES a $6i 1555 N 17th AVE GREELEY, CO 80631 WEBSITE: www.co.weld.co.us E-MAIL: daungst@co.weld.co.us �f PHONE: (970) 353-6100, Ext. 3524 p - i FAX: (970) 304-6498 July 16, 2015 PIKE TIM 910 54TH AVE STE 230 GREELEY, CO 80634 Subject: COZ15-0001 - CHANGE OF ZONE FROM THE A (AGRICULTURAL) ZONE DISTRICT TO THE 1-2 (INDUSTRIAL)ZONE DISTRICT On parcel(s)of land described as: LOT B REC EXEMPT RE-4866 BEING PART OF THE NW4 AND THE N2NW4 OF SECTION 18, T5N, R67W OF THE 6TH P.M., WELD COUNTY, COLORADO. Dear Applicants: I have scheduled a meeting with the Weld County Planning Commission on August 18, 2015, at 9:00 a.m. A subsequent hearing with the Board of County Commissioners will be held on September 16, 2015 at 9:00 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.weldcou ntyplanningcases.orq If you have any questions concerning this matter, please call. Respectfully, vLs&- ^ Digitally signeday thiorioef F this sdlom �-I"MiJp_�, Fuson:lamtheauthorofthisdocument Date:2015.07.16 13:53:48-06'00' Diana Aungst Planner N DEPARTMENT OF PLANNING SERVICES i 1555 N 17th AVE j ' r ^ GREELEY, CO 80631 WEBSITE: www.co.weld.co.us � E-MAIL: daungst@co.weld.co.us iri_ �j, PHONE: (970)353-6100, Ext. 3524 ti ' FAX: (970)304-6498 May 18, 2015 PIKE TIM 910 54TH AVE STE 230 GREELEY, CO 80634 Subject: COZ15-0001 - CHANGE OF ZONE FROM THE A (AGRICULTURAL) ZONE DISTRICT TO THE 1-2 (INDUSTRIAL)ZONE DISTRICT On parcel(s)of land described as: PART NW4 SECTION 18, T5N, R67W LOT B REC EXEMPT RE-4866 of the 6th P.M., Weld County, Colorado. N2 NW4 SECTION 18, TSN, R67W 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 Johnstown at Phone Number 970-587-4664 Windsor at Phone Number 970-674-2400 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 (�N`a9 Fbason:I am the author of thisdocument Date:2015.05.1810:46:01-06'00' Diana Aungst Planner FIELD CHECK Inspection Date: 8/10/15 Case Number: COZ15-0001 Applicant: Weld 34, LLC do EnviroTech Services Request: Change of Zone from the A (Agricultural) Zone District to the 1-2 (Industrial) Zone District Legal Lot B RE-4866 being part NW4 Section 18, T5N, R67W and the N2 NW4 Description: Section 18, T5N, R67W of the 6th P.M., Weld County, CO Location: East of and adjacent to County Road 13 and south of and adjacent to U.S. Highway 34 Acres: +/- 136.55 acres Parcel #s: 0957-18-2-00-039 and 0957-18-2-00-052 Zoning Land Use N Municipal N Vacant land E A (Agricultural) E Rural Residential S A (Agricultural) S Agricultural (USR15-0027 MMM) W Larimer County W Rural Residential/Agricultural COMMENTS: The site contains a single family residence and about four outbuildings. There is an access from CR 13 for the residence. Diana Aungst, Planner r � ►1 . 41 ENGINEERS October 15, 2015 Ms. Diana Aungst Weld County Planning Department 1555 N 1711 Avenue Greeley Colorado 80631 Re Response to Referrals on Change of Zone COZ15-0001 KBN Project No 15014 Dear Diana Thank you for sending copies of the referral letters from Colorado Division of Parks and Wildlife. Colorado Division of Water Resources Windsor-Severance Fire Rescue. City of Greeley. Town of Windsor. Town of Johnstown and Reorganized Farmers Ditch Company Our responses to these comments are as follows Divisions of Parks and Wildlife and Water Resources The Colorado Divisions of Parks and Wildlife and Water Resources reviewed the request for Change of Zone and found that there were no conflicts with their interests. Windsor-Severance Fire Rescue Windsor-Severance Fire Rescue reviewed the request and found that the request complies with their Comprehensive Plan. and request further review when more information is available City of Greeley and Town of Windsor The City of Greeley and Town of Windsor s comments were very similar in addressing their concerns about the long-range plans for the Highway 34 corridor Rather than repeating our response. our reply is for both municipalities Both letters state that. under the 2008 intergovernmental agreement (IGA) between Windsor and Greeley. the property on which EnviroTech Services is proposing the change of zone is part of the identified CLUA (Cooperative Planning. Land Use and Utility Area) The CLUA consists of a Principal Employment Corridor the area that falls within one-half mile of both sides of Highway 34. and a Secondary Corridor Area. the area one-half mile to one mile from the highway The EnviroTech Services property is south of and adjacent to Highway 34 and therefore in the Principal Employment Corridor Area According to the letter from Mr Brad Mueller. Community Development Director for the City of Greeley. uses for the Principal Employment Corridor are envisioned to be those such as -community separators business parks and select industrial uses Heavy industrial and outdoor storage uses particularly along the highway are discouraged unless they are incidental and completely screened The potential uses for this property include warehousing. material distribution center rail transloadiny. or a combination of any or all As suggested in Mr Mueller s letter. it makes sense to have a master regional plan for the area that considers all of the land uses that are necessary to support the vitality of the region Any accepted master regional plan that is developed for the area should be consistent with the Ketterling, Butherus a Norton Engineers, LLC. 8208" St. Gr ele; -a.;d _C4,y' _- 970-895-958:' 97O395 958' Comprehensive Plans of Greeley. Windsor and Weld County EnviroTech Services proposed change of zone for this property is consistent with the Comprehensive Plans of all three jurisdictions. as evidenced by the following statements. According to the City of Greeley s Comprehensive Plan. heavy industrial and manufacturing uses should be located to take advantage of existing freight rail corridors. air transportation and major arterial roads Windsor s Comprehensive Plan indicates that -siting requirements for industry should include parcel size topography. access to rail and transportation and other infrastructure requirements Weld County s Comprehensive Plan indicates that the County should recognize the importance of railroad infrastructure to some industrial uses. .. -support the continued and expanded uses of existing railroad infrastructure for industrial uses and promote the location of industrial uses within muncipalities- 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 It is important to recognize that the Great Western Railway. a short-line railroad. crosses this property. and that the Union Pacific Railroad is in close proximity This property is also adjacent to US Highway 34 a critical east-west artery. From an environmental perspective since the property is ideally located along a rail line and in close proximity to the highway corridor. it serves the region in the least impactful way If a resource doesn t come in to Colorado on a train it must be trucked in. which would have a much larger carbon footprint than a train It is estimated that each train will eliminate the need for up to 400 truck trips As an important member of the business community in northern Colorado EnviroTech Services seeks to utilize the rail corridor in order to continue to support the area s economic vitality Rezoning the property to I-2 makes sense according to all three Comprehensive Plans We also want to address Windsor s and Greeley s suggested conditions of approval Below are their two suggested conditions followed by our thoughts regarding their requests 1 Earthen berms and substantial landscape buffers should be incorporated into plans to screen views of industrial uses from U S 34 and from neighboring residential uses EnviroTech Services has been gathering feedback from the neighbors for this project as well as for Martin Marietta's Highway 34 Development project. and will make every effort to incorporate this feedback when a use for the properly is determined EnviroTech Services realizes the importance of being a good neighbor in the community for years to come and will attempt to screen their use and be cotnpatible with other uses in the area as much as possible Once the property has been rezoned and a use is determined a Site Plan will he submitted to the County for review and approval The future project would include screening beans to help screen the adjacent neighborhood and Highway 34 EnviroTech Services is willing to consider additional landscaping, but at the same time. wants to be respectful of protecting their neighbors views of the mountains to the west Therefore EnviroTech Services plans to work with the neighbors who own land immediately adjacent to the proposed project to find out what they might like to see Page 12 2. Light sources should be concealed or shielded as to minimize up-light. spill-light. glare and unnecessary diffusion on neighboring properties In accordance with the Weld County Code. all future sources of light will he shielded so that light rays will not shine directly onto adjacent properties where such would cause a nuisance or interfere with the use on the adjacent properties. Neither the direct nor reflected light from any light source will create a traffic hazard to operators of motor vehicles on public or private streets No colored lights will be used which may he confused with, or construed as. traffic control devices 3. Plans for rail switching and infrastructure improvements that mitigate impacts to traffic flow on U S 34. particularly during peak traffic periods. should be required and then reviewed by the County and CDOT. and approved and installed prior to any operations beginning on the site. EnviroTech Services has been given assurances that all rail traffic will arrive from the south of the property along the Union Pacific and Great Western rail lines Therefore. rail traffic generated by the subject properly will not cross Highway 34 Coordination with and review by Weld County and CDOT will occur once a use for the site is determined. Town of Johnstown The referral from the Town of Johnstown was a Resolution passed by the Town which states the Town s opposition to the proposed change of zone for the following reasons 1. The property lies within the town Growth Management Area contemplated in their Comprehensive Plan. an area into which urban development and annexation is anticipated to occur in the future While Johnstown has contemplated this property as being within their Growth Management Area. the property had not been annexed into the town, and is currently located in Weld County 2 The Comprehensive Plan designated this property for commercial use rather than industrial use Johnstown s Comprehensive Plan has shown this property as Mixed Use Commercial However Johnstown does not have jurisdiction in the decision since this property is located in Weld County 3 The property abuts the existing residential subdivision and is in close proximity to anticipated residential developments that are within the Town s current boundaries While the properly abuts an existing residential subdivision to the east, it also abuts the recently approved industrial Martin Marietta Highway 34 Development to the south Nearby anticipated residential developments shown on the Towns Land Use Framework Plan are located to the southwest of the site where both the Union Pacific Railroad and the Great Western Railway cross the property and where an existing railroad junction rs located Page 13 4 The proposed industrial uses would negatively impact the adjacent Indianhead residential subdivision by exposing the homes to industrial operations forcing the homeowners to coexist with large. unplanned. industrial development and creating potential losses of property value. quiet enjoyment and quality of life US Highway 34 a highly travelled expressway. is immediately adjacent to the residential subdivision the Great Western Railway crosses the highway 1/4 mile west of the northwest boundary of the subdivision. and the Union Pacific Railroad crosses Weld County Road 13 1/2 mile west of the southwest boundary of the subdivision 5 On a broader scale the Town envisions growth along the U S Highway 34 corridor to include commercial. residential and mixed use development consistent and harmonious with the current development Industrial sites are better situated where they will have close or immediate access to major transportation corridors rather to locate them in more urban areas In this case. the Great Western Railway crosses the property. the Union Pacific Railroad is in close proximity. the site has direct access to Weld County Road 13. is adjacent to US Highway 34. and Interstate 25 is only 2.5 miles to the west Existing industrial and commercial developments are located nearby 6. The proposed industrial use is not only inconsistent with the Town's vision of the growth along U.S Highway 34 but it has considerable potential to lead to an expanded and unplanned heavy industrial presence along the U.S. Highway 34 corridor As stated in Johnstown Comprehensive Plan the Land Use Framework is "a basic framework that gives shape to the Vision of how the Town will grow The basic framework is only an anticipated plan and this property has not been annexed into Johnstown. Industrial uses are best situated in close proximity to major transportation corridors 7 The proposed industrial use, if permitted would create undesirable and harmful consequences. inconsistent with the Town long-range planning. and inconsistent with the best growth and development along the U S Highway 34 corridor While the change of zoning may not be consistent with the Town s long-range planning. the industrial use of this property makes sense due to the available access to two railroads. being immediately adjacent to Weld County Road 13 which is a regionally significant major arterial roadway that is planned to be expanded to a four-lane arterial through the County. and being adjacent to US Highway 34. a regionally significant expressway It is preferable for industrial uses to be located close to these transportation facilities. 8 The change of zone from A (Agriculture) to I-2 (Industrial) is not in the best interests of the Town or the citizens of the Town and surrounding areas Since a user has not been determined for this site. we believe that it is premature to state that the change of zone is not in the best interests of the Town or its citizens Reorganized Farmers Ditch Company The Reorganized Farmer's Ditch Company (RFDCi requests further review when more information s available. but has the following concerns pertaining to this change of zone application Page la 1. RFDC requests that the County require that an Agreement be entered into between RFDC and the applicant/property owners setting forth the provisions that are discussed in this letter. The execution and recording of this Agreement should be a condition of approval of this development by the County The applicant/property owner will comply with all Federal. State. County and Municipal regulatory agencies Any other drainage and/or ground water mitigation practices that do not conflict with the above. will be compared to actual structural. geological and hydrological studies and will be reviewed on a case by case hasis 2 RFDC has a 70-foot easement for its ditch system across the property with 35 feet on each side of the ditch centerline The current draft plat should be amended to show RFDC easement head gates and lateral ditches correctly that are within this property. The plat should also show additional easement area for lateral ditches used to irrigate the development property and other farm property in the area The title work does not list the easement(s) that RFDC refers to We have contacted the title company to look into this issue and will add the easements to the Rezone Plat if/when the documentation is found 3 Historic stormwater drainage from the proposed development would be minimal based on soil type and vegetation cover The concern is that with this development. using the worst- case scenario under Industrial Zoning there will be a substantial increase in imperious area which will result in additional volume of stormwater generated from this site. The additional water flowing into the main ditch and laterals beyond historic levels will result in increased erosion, increased volume with sediment and a harmful effect on water quality RFDC requests that the County require the applicant to address this issue and require the applicant to pipe stormwater that is above the historic volume to the Big Thompson River As a note. the Miracle/Encore Property Development at the northwest corner of Weld County Road 13/Highway 34 has planned to pipe water that is in excess of historic volumes from its development to the Big Thompson River Since this is only an application for Change of Zone and there is no specific use or site plan yet for this property. a drainage report was not required with this application However when the application for Site Plan is requested. a drainage report will he submitted that will analyze the historic and developed drainage conditions That report will assume the -worst- case. scenario for run-on flows to the site. in which the ditches and associated laterals are flowing full during the design storm event This scenario is in conformance with the Weld County Code. Section 8-11-30. Under this section of the Code. it is stated that Weld County adopted the Urban Drainage and Flood Control District s Urban Storm Drainage Criteria with addendums One of the addenda (amendment of Section 1 5 Technical Issues) states that irrigation ditches cannot he relied on for mitigating upstream runoff Therefore. when the Site Plan Drainage Report is submitted the historic basin limits will be extended beyond the ditches 4 RFDC requests that the County require the applicant to address how they will protect ground water and irrgation water from the proposed development pollutants This may require installation of impermeable geotextile membrane under the proposed development and a retention pone instead of a detention pond Pape 5 Since this is only an application for Change of Zone. and there is no specific use or site plan yet for this property a geotechnrcal engineering report was not required with this application Once a use IS determined a geotechnical report will he created which will document the sod types and groundwater table elevation The results of the report will be incorporated into the grading and drainage design plans A Spill Prevention Control and Countermeasures (SPCC) Plan may be necessary once as use has been determined_ I assist with water quality an onsitc water quality capture volume (WQCV) feature will be incorporated into the sizing of the future detention pond The calculation for the volume detention time. and allowable release rate for the pond will he performed per the Urban Drainage and Flood Control Distracts Urhan Storm Drainage Criteria. Detention Basin Volume Estimating Workbook. as required by the Weld County Code. An erosion control plan will also be developed and implemented during construction to protect stormwater quality when the site is disturbed and to keep sediment from being transported off-site This is a requirement from both Weld County to obtain a grading permit and from the Colorado Department of Public Health and Environment to obtain a construction? permit 5. The enormity of this site and various activities that could be conducted onsite due to Industrial Zoning will generate highly contaminated runoff. i e oils grease sediment. salts. emission particles. silica and other products Most of these will be in excess of those typically found in stormwater RFDC requests that the County require the applicant to address this issue with a retention pond instead of a detention pond. In the case of a detention pond it should be equipped with a release control value that will prevent water release for up to three (3) days following a storm event until an onsite analysis of the water quality can be performed to determine if contaminates from the proposed development are reduced or eliminated Since this is only an application for Change of Zone. and there is no specific use or site plan yet for this property it is unknown at this time what if any chemicals may he on-site As noted in the response to comment #4 an SPCC plan may he necessary once a use has been determined and site plan has been designed According to Section 3.3 4 in Volume 2 of the Urban Storm Drainage Criteria Manual. retention ponds are not recommended as a permanent solution for drainage problems if a formal downstream drainageway is available Per Weld County regulations drainage is designed to maintain historic drainage conditions after development When a site plan is submitted to the County for review, any off-site run-on collection channels and the site detention pond will he sized to convey the historic drainage flows to release to the historic release point. 6 RFDC requests that the County require the applicant not to build or install any structures. fences. or other obstructions within 35 feet of the center of the RDFC main ditch and lateral ditches so maintenance can be performed No obstructions will be constructed within any legally recorded easement granted to the RFDC for the purposes of maintenance and access without written consent of RFDC Page 6 7 RFDC requests that the County require the applicant to agree that all earth moving and landscaping shall be accomplished so that all return flow and waste water from irrigation will return to the historic point of discharge Surface historic drainage patterns will he maintained with the proposed grading plan 8. Using the worst-case scenario for Industrial zoning where rail spurs or heavy transport roads might be included in the development RFDC concerns are that train and truck weight or repeated vibrations adjacent or across the ditch will cause structural damage. ditch failure and/or interruption of water delivery. Studies have shown that trains running past structures can actually make the earth around them move. Over time, rumbling vibrations from the passing trains can affect the structural integrity of the structure RDFC requests that the County require the applicant to address this issue by conducting engineered tests or modeling the effects of the train vibrations would have on the structural integrity of RDFC concrete-ditch. If there are potential issues. require the applicant to mitigate the problem. 9 RFDC notifies the applicant and County that there may be subsurface waters that arise in the areas of this development and that there are periods of time when due to water flowing within the ditch system and otherwise that portions of the proposed development site receives significant amounts of subsurface water that is very near to the surface or resides on the surface Due to this problem the utility of certain portions of the site for construction of structures could potentially be unavailable RFDC has no plans to alter its operation. to resolve this surface and subsurface water issue So noted The location of any future rail spurs will take the location of the existing ditch system into consideration 10 The land for the proposed development and surrounding agriculture lands are considered prime farm land" under the Federal Farmland Protection Policy Act 1981 I-25 Environmental Impact Statement and Weld County Comprehensive Plan RDFC respects land owner rights, however, being an agriculture ditch company we do not see that this proposed development which reflects Weld County -industrial zoning is compatible with surround agriculture uses and would not meet Weld County policy and goal for agriculture benefit The property rs in an area that is planned for future development and the properly owner Is pursuing the option of developing their property in order to achieve the highest and hest use of their property considering its location in relation to the Union Pacific Railroad tracks, WCR 13 and Highway 34 In addition. conversion of the properly for development is supported by the Weld County Code According to Weld County's Code Section 22-2-20 G 3 A Policy 7 3 Conversion of agricultural land to urban residential. commercial and industrial uses should he considered when the subject site is located inside an Intergovernmental Agreement area Urban Growth Boundary area, Regional Urbanization Area or Urban Development Nodes or where adequate services are currently available or reasonably obtainable A municipality's adopted comprehensive plan should be considered_ but should not determine the appropriateness of such conversion Page i 7 11 Any modifications to the RFDC ditch head gates and lateral ditches and DITCH CROSSINGS will require an agreement There will also be an associated crossing fee to be paid to RFDC for any ditch crossing So noted It is not anticipated that the RFDC ditch head gates or lateral ditches will require modifications 12 RFDC would like to reserve the right to further comments once the applicant has decided on an end use for the property EnvrroTech Services welcomes the opportunity for more discussions with RFDC once a use is determined and a site plan has been designed. It :s our opinion that each proposed land use in this area must be considered on its own merit If you have any questions or comments regarding our responses to these referral comments. please feel free to contact me at 970-395-9880 or at Sincerely. Melanie Foslien Project Engineer Cc Tim Pike, EnviroTech Services Regional Manager Page 13 Diana Aungst From: Tim Pike <tpike@envirotechservices.com> Sent: Wednesday, September 23, 2015 3:30 PM To: Diana Aungst Cc: Melanie Foslien Subject Re: FW: Water from the City of Greeley on COZ15-0001 Follow Up Flag: Follow up Flag Status: Flagged Thanks Dianna, There is someone currently living in the house,but they are aware that once permitting is complete and before any construction would begin,they will have to vacate the premises. Under this scenario, does the need for a non-conforming use still exist? Does the non-conforming use hurt the application in general? Also, I will be contacting someone to inspect the current septic system and get you the necessary information. Tim On Wed, Sep 23, 2015 at 2:54 PM, Diana Aungst<daungst(cuco.wcld.co.us>wrote: Tim: The email from Greeley on the water satisfies condition #1 — so disregard the previous email about that. I just need the septic system paperwork. Is there someone living in this house? If so we need to create it as a Non-conforming Use because residential uses are not allowed in the industrial zones. Thanks, Diana Aungst, AICP, CFM Planner 11 Weld County Department of Planning Services 1555 N. 17th Avenue - Greeley, Colorado 80631 970-353-6100 ext. 3524 Fax:/970) 304-6498 daungst(c)weldgov.corn 1 www.weldgov.corn ~tiL.it 1l.,t r• L =�'titi ODD Conlidentialily Notice:This electronic transmission and env attached documents or other writinus are intended curly for the person or entity to which it is addressed and may contain information that is privileged,confidential or otherwise protected from disclosure. It hate received this communication in error,please immediately nonly sender by return c-mail and destroy lie comnnnication any disclosure,copying distribution or the tokin_of any action concerning the contents of this communication or any attachments by anyone other than the(tamed recipient is strictly prohibited_ From: Lauren Light Sent: Wednesday, September 23, 2015 2:52 PM To: Diana Aungst<daungstkr,co.wcld.co.us> Subject: RE: Water from the City of Greeley on COZ15-0001 sure Lauren Light, M.B.S. Program Manager/Environmental Planner, Environmental Health Services Weld County Department of Public Health & Environment 1555 N. 17th Ave. Greeley, CO 80631 Ilight( co.weld.co.us 970-304-6415 Ext. 2211 (office) 970-304-6411 (fax) AThink Green - Not every email needs to be printed ODD ft:4(41O1 Confidentiality Notice: This electronic transmission and any attached documents or other writings arc 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: Diana Aungst Sent: Wednesday, September 23, 2015 1:09 PM To: Lauren Light Subject: Water from the City of Greeley on COZ15-0001 Lauren: Does this email meet your Condition of Approval #1? Thanks, Diana Aungst, AICP, CFM Planner II Weld County Department of Planning Services 1555 N. 17th Avenue - Greeley, Colorado 80631 970-353-6100 ext. 3524 Fax:(970) 304-6498 daungst(o)weldgov.corn www.weldgov.com •:-:.L.Le 1,1 rr = � � ODD I 3 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. Tim Pike EnviroTech Services, Inc. Rocky Mountain Regional Manager (970) 395-7711 - office (970) 352-0620 - fax (970) 397-5235 - mobile tpikect/envirotechservices.com 4 Hello