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HomeMy WebLinkAbout20152967 >� 18 61/11 rte,, LAND USE APPLICATION ✓ 1 � SUMMARY SHEET C 7JJJY��/J CHANGE OF ZONE P/ G O Planner: Diana Aungst Hearing Date: September 1, 2015 Case Number: COZ15-0002 Applicant: M2 LandCO LLC do Erik Halverson Request: Change of Zone from the A (Agricultural) Zone District to the 1-3 (Industrial) Zone District Legal Lot B AmRE-833 Being part E2NE4 Section 25, T6N, R67W Part W2NW4 Section 30, Description: T6N, R66W of the 6th P.M., Weld County, CO Location: North of and adjacent to CR 64.5 and east of and adjacent to CR 23.75 Acres: +/- 70.88 acres Parcel #. 0807-25-0-00-047 POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS The Department of Planning Services' staff has received responses from the following agencies: With Comment: 'v City of Greeley, referral dated July 17, 2015 y Weld County Department of Planning — Engineer, referral dated July 21, 2015 y Weld County Department of Public Health and Environment, referral dated July 10, 2015 Without Comment: ➢ Town of Windsor, referral dated August 21, 2015 • Town of Severance, referral dated June 22, 2015 y School District RE-4, referral dated June 30, 2015 ➢ Windsor/Severance Fire Rescue, referral dated June 23, 2015 y Weld County Zoning Compliance, referral dated June 22, 2015 y West Greeley Conservation District, referral dated August 10, 2015 Northern Colorado Water Conservancy District, referral dated June 26, 2015 • State of Colorado, Division of Water Resources, referral dated June 22, 2015 • Weld County Department of Public Works—Access, referral dated July 15, 2015 The Department of Planning Services' staff has not received responses from: ➢ Colorado Parks and Wildlife S. North Weld County Water District ✓ Colorado Division of Minerals and Geology ➢ Weld County Department of Building Inspection COZ15-0002 Page 1 of 7 CHANGE OF ZONE ADMINISTRATIVE RECOMMENDATION Planner: Diana Aungst Hearing Date: September 1, 2015 Case Number: COZ15-0002 Applicant: M2 LandCO LLC do Erik Halverson Request: Change of Zone from the A (Agricultural) Zone District to the 1-3 (Industrial) Zone District Legal Lot B AmRE-833 Being part E2NE4 Section 25, T6N, R67W Part W2NW4 Section 30, Description: T6N, R66W of the 6th P.M., Weld County, CO Location: North of and adjacent to CR 64.5 and east of and adjacent to CR 23.75 Acres: +/- 70.88 acres Parcel #. 0807-25-0-00-047 Description: The applicant is requesting to rezone this property to 1-3 (Industrial). 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. I.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 adjacent to the City of Greeley's corporate limits. The site is adjacent to the Great Western Rail Road, which borders the site along the northern property boundary and it is also in the North Greeley Rail Corridor Subarea. Vestas Blades America Inc. is located to the west of the site in an industrial subdivision in the Town of Windsor and Owens-Illinois (Brockway Glass Container Inc.) is also west of the site. Adequate services are considered reasonably obtainable. COZ15-0002 Page 2 of 7 Section 22-2-70 D. (.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 east and west of the site and those properties are zoned Industrial Medium Intensity per the City of Greeley. The applicant had a meetings with the City of Greeley and discussed the option of future annexation. Section 22-2-80 C. (.Goal 3. states, "Consider how transportation infrastructure is affected by the impacts of new or expanding industrial developments." And Section 22-2-80 G. (.Goal 7. states, "Recognize the importance of railroad infrastructure to some industrial uses." The site is adjacent to the Great Western Rail Road, which borders the site along the northern property boundary and it is also in the North Greeley Rail Corridor Subarea. 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. ECON.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 I-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 between the residential development to the north and the subject property. The Department of Planning Services has not received any correspondence from the surrounding property owners about this Change of Zone request. 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 North Weld County Water District will provide water. 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. The subject property has an access off of CR 23.75 with an approved access permit number AP #15-00088. The application materials are not proposing any development on the site and the site is primarily vacant land. When development is proposed for the site the roads may require improvements. The City of Greeley has indicated that their 2035 Transportation Plan classifies County Roads 64.5 and 23.75 as 2-lane minor-arterial roadways requiring a 100 feet total public right-of-way (50 feet COZ15-0002 Page 3 of 7 half right-of-way). Staff is recommending that this future right-of-way be delineated on the plat. 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. A Flood Hazard Development Permit will be required for any development in the floodplain. 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 Mineral and Soil Study prepared by Earth Engineering Consultants, LLC dated May 5, 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 West Greeley Soil Conservancy District, referral agency dated August 10, 2015 recommends that the applicant do an on-site soil test prior to any construction. Additionally the West Greeley Soil Conservancy District states that the two primary soil types on the site have slight to moderate limitations for dwellings with or without basements and small commercial buildings. The Mineral and Soil Study prepared by Earth Engineering Consultants, LLC dated May 5, 2015 states that the near surface soils at this site appear to range from low plasticity clay and clayey sand soils to non- plastic granular sands with varying amount of silt. Areas of non-cohesive to low cohesive materials exist on the parcel and may be susceptible to erosion. 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 A (Agricultural) 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 COZ15-0002. (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) C. Show and label all easements with the recorded document reception number and date on the plat. (Department of Planning Services) D. The City of Greeley has indicated that their 2035 Transportation Plan classified County Roads 64.5 and 23.75 as 2-lane minor-arterial roadways requiring a 100 feet total public right-of-way (50 feet half right-of-way). The applicant shall delineate the 20 foot future right- of-way on the plat. (Department of Planning Services) E. Show and label the approved access with the access permit #AP15-00088 on the plat. (Department of Public Works) COZ15-0002 Page 4 of 7 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. 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-1504E that will be effective January 20, 2016 (John Law Ditch 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) D. 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 1 and 11, of the Weld County Code. (Department of Planning - Engineer) E. The historical flow patterns and runoff amounts will be maintained on the site. (Department of Planning - Engineer) F. Water service shall be obtained from North Weld County Water District. (Department of Public Health and Environment) G. This parcel is 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) H. 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) I. 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) J. 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: 20121nternational 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) COZ15-0002 Page 5 of 7 K. 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) L. 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) 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. (Department of Planning Services) N. 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. 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 COZ15-0002 Page 6 of 7 (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) 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. COZ15-0002 Page 7 of 7 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 r August 05, 2015 HALVERSON ERIK 252 CLAYTON ST 4TH FLOOR DENVER, CO 802064800 Subject: COZ15-0002 - CHANGE OF ZONE FROM THE A (AGRICULTURAL) ZONE DISTRICT TO THE 1-3 (INDUSTRIAL)ZONE DISTRICT On parcel(s)of land described as: PART E2NE4 SECTION 25, T6N, R67W& PART W2NW4 SECTION 30, T6N, R66W LOT B AMD REC EXEMPT RE-833 of the 6th P.M., Weld County, Colorado. Dear Applicants: I have scheduled a meeting with the Weld County Planning Commission on September 1, 2015, at 12:30 p.m. A subsequent hearing with the Board of County Commissioners will be held on September 16, 2015 at 10:00 a.m. Both hearings will be held in the Hearing Room, Weld County Administration Building, 1150 O Street, Greeley, Colorado. It is recommended that you and/or a representative be in attendance to answer any questions the Planning Commission members or Board of County Commissioners may have. Colorado Revised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01-1088) requires notification of all mineral estate owners 30 days prior to any public hearing. The applicant needs to provide the Weld County Planning Department with written certification indicating the above requirement has been met. A representative from the Department of Planning Services will be out to the property a minimum of ten days prior to the hearing to post a sign adjacent to and visible from a publicly maintained road right-of-way which identifies the hearing time, date, and location. In the event the property is not adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent place on the property and a second sign posted at the point at which the driveway (access drive) intersects a publicly maintained road right-of-way. The Department of Planning Services' staff will make a recommendation concerning this application to the Weld County Planning Commission and will be included in the staff report one week prior to the scheduled Planning Commission hearing. You may view the staff report at www.weldcountyplanningcases.org If you have any questions concerning this matter, please call. Respectfully, � , ^ Digitally signed y Kriorioef F�ndom `",�`I`-I�',.�A`yr�',�„ Fuson:lam the author of this document V Date:2015.08.05 11:11:30-06'00' Diana Aungst Planner h 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_ �), PHONE: (970)353-6100, Ext. 3524 X ? FAX: (970)304-6498 June 22, 2015 HALVERSON ERIC 252 CLAYTON ST 4TH FLOOR DENVER, CO 802064800 Subject: COZ15-0002 - CHANGE OF ZONE FROM THE A (AGRICULTURAL) ZONE DISTRICT TO THE 1-3 (INDUSTRIAL)ZONE DISTRICT On parcel(s)of land described as: PART E2NE4 SECTION 25, T6N, R67W & PART W2NW4 SECTION 30, T6N, R66W LOT B AMD REC EXEMPT RE-833 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 Windsor at Phone Number 970-674-2400 Severance at Phone Number 970-686-1218 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, �Cyy Digitally signed by Kristine Randem (�p✓..2L F�ason:I am the author of thisdocument Date:2015.06.22 09:07:22-06'00' Diana Aungst Planner Diana Aungst Diana, Following your call this morning, I reviewed my notes from our March 4, 2015, meeting with Greeley. As I mentioned, they did mention that annexation may be ultimately necessary, but that the timing of the annexation would depend on the future users of the property and those users' service needs (in volume). Also, in general, our conversation revolved around continuing to work with Greeley as a use or uses are identified for the property, and that such concurrent planning process would not hinder our rezoning application. Also, as I mentioned on the phone, I did reach out to them after our meeting, but did not receive much of a response. I would imagine that our coordination with Greeley will become more relevant once we've identified a use for the site. Please let me know if you need anything else. Thanks! Cory M. Rutz Attorney at Law it n l Otten Johnson Robinson Neff+ Ragonetti PC Suite 1600 1 950 17' Street Derver. Colorado 80202 DIRECT 303 575 7531 I MAIN 303.825.800 I FAX 303.825.6525 CRutz80ottenjohnson.com My Profile I vCard 1 FIELD CHECK Inspection Date: 8/21/2015 Case Number: COZ15-0002 Applicant: M2 LandCO LLC do Erik Halverson Request: Change of Zone from the A (Agricultural) Zone District to the 1-3 (Industrial) Zone District Legal Lot B AmRE-833 Being part E2NE4 Section 25, T6N, R67W Part W2NW4 Description: Section 30, T6N, R66W of the 6th P.M., Weld County, CO Location: North of and adjacent to CR 64.5 and east of and adjacent to CR 23.75 Size of Parcel: 4- 70.88 acres Parcel No. 0807-25-0-00-047 Zoning Land Use N A (Agricultural) and Estate N Minor Sub Hillcrest Estates Rural Residential E Municipal-Greeley E Agriculture S A (Agricultural) S Agriculture/Rural Residential W A (Agricultural)/Municipal- W Agriculture/Rural Residential Greeley COMMENTS: The site is primarily vacant land. The railroad is building a spur along the northern boundary. There is some earthmoving equipment and railroad equipment as well as a portable toilet on the site. There is one access point off of CR 23.75 Diana Aungst, Planner Hello