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Home My WebLink About20151961.tiff LAND USE APPLICATION SUMMARY SHEET L GQ'jN t PLANNER: C. Gathman HEARING DATE:June 16, 2015 CASE NUMBER: COZ14-0007 APPLICANT: Energes Services, LLC CIO Terry L. Peltes, President and CEO ADDRESS: 33247 Highway 85, Lucerne, CO REQUEST: Change of Zone from C-3 (Business Commercial)to I-1 (Industrial) LEGAL: Part of Lot 1; located in the SW4SW4 and part of Lots 2 & 5 located in the SW4SW4 all in Section 10, T5N, R65W of the 6th P.M., Weld County, Colorado LOCATION: South of and adjacent to East 18th Street and approximately 600-feet north of East 20th Street ACRES: +/- 8.41 acres PARCEL#: 096110300010 & 096110300012 POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS The Department of Planning Services' staff has received responses from the following agencies: With Comment: Weld County Code Compliance, referral dated December 2, 2014 Weld County Department of Planning Services— Engineer, referral dated December 24, 2014 Weld County Department of Public Health and Environment, referral dated December 18, 2014 City of Greeley, referral dated December 23, 2014 Without Comment: Town of Garden City, referral dated December 2, 2014 City of Evans, referral dated December 1, 2014 Town of Kersey, referral dated December 2, 2014 The Department of Planning Services' staff has not received responses from: Greeley-Weld County Airport Authority Weld County Sheriffs Colorado Department of Transportation Colorado Division of Wildlife Western Hills Fire Protection District COZ14-0007 Page 1 of 8 ADMINISTRATIVE RECOMMENDATION CG' tiTY CHANGE OF ZONE PLANNER: C. Gathman HEARING DATE:June 16, 2015 CASE NUMBER: COZ14-0007 APPLICANT: Energes Services, LLC C/O Terry L. Peltes, President and CEO ADDRESS: 33247 Highway 85, Lucerne, CO REQUEST: Change of Zone from C-3 (Business Commercial)to I-1 (Industrial) LEGAL: Part of Lot 1; located in the SW4SW4 of Section 10, T5N, R65W and part of Lots 2 & 5; located in the SW4SW4 of Section 10, T5N, R65W of the 6th P.M., Weld County, Colorado LOCATION: South of and adjacent to East 18th Street and approximately 600-feet north of East 20th Street. ACRES: +/- 8.41 acres PARCEL#: 096110300010 & 096110300012 REQUEST SUMMARY: The applicants are proposing to rezone the property from C-3 (Business Commercial) to I-1 (Industrial). The applicants are operating an oil and gas support business on this property. There is an existing zoning violation (case #ZCV14-00167) on this property due to the operation of an oil & gas related business and storage of oil and gas related trucks and equipment without first completing the necessary Weld County Zoning Permits. Oil and Gas Support Uses require Use by Special Review Permit (USR) approval in the I-1 Zone District. The applicant is applying for a USR (under case # USR15-0014) in conjunction with this change of zone application. Any subsequent change in use on the site will either require a USR Minor Amendment, and Amended USR or a Site Plan Review (if it is a use by right). Section 23-3- 310.B1 of the Weld County Code states: "I-1 Industrial Zoning allows any use of a research, repairing, manufacturing, fabricating, processing, assembling or storage nature may be conducted in the I-1 Zone District as a use by right. Screening may be required if use is not compatible with adjacent uses." This property was rezoned from R-1 residential to C-3 (Business Commercial) in 1992 under case #Z-468. There was historically an existing farm equipment sales business on this site. A site plan review for the addition of a storage building for this business was approved under case# SPR- 171 in 1992. Adjacent properties to the south and west are zoned R-1 Residential. Residential uses are located to the west and south of the site. C-3 zoned commercial properties are located to the northeast (across 18th Street)and a C-3 zoned parcel borders the property in the northwest corner of the site and has an existing operation (including outdoor storage of cargo containers). Several oil and gas tanks and production equipment border the site at the southeastern portion of the site. An existing trucking business is located further to the southeast at the intersection of East 20th Street and State Highway 34. COZ14-0007 Page 2 of 8 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 of the Weld County Code states: "1. 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 site is located adjacent to a State Highway 34 and is located within the urban growth boundary for the City of Greeley. Section 22-2-80 F. I.Goal 6. of the Weld County Code states: "Minimize the incompatibilities that occur between industrial uses and surrounding properties." I-1 (Industrial) zone district requirements require parking and loading areas to be screened from adjacent properties and rights-of-way. Section 22-2-80 F.2. I.Policy 6.2. of the Weld County Code states: "Support the use of visual and sound barrier landscaping to screen open storage areas from residential uses or public roads." I-1 (Industrial) zone district requirements require parking and loading areas to be screened from adjacent properties and rights-of-way. Additionally, the I-1 Industrial Zone District, under Section 23-3-310 B.1 states: Any use of a research, repairing, manufacturing, fabricating, processing, assembling or storage nature may be conducted in the I-1 Zone District. Screening may be required if USE is not compatible with adjacent uses. 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 I-1 Industrial Zone District will require either a Site Plan Review (if a use by right) or a Use by Special Review Permit. I-1 Industrial is the strictest Industrial zoning classification and requires screening of parking and loading areas and screening of the use if it is determined to not compatible with the surrounding area. Additionally, Section 23-3-310.A states: The purpose of the I-1 Zone District is to provide a zone to accommodate industrial USES which create minimal negative visual impacts. Given the proximity to single family zoning and residences to the south and west staff is recommending a note be placed on the plat that screening from the adjacent properties may be required. Currently, staff is recommending that screening be required as a condition of approval for the USR application (USR15-0014) for the oil and gas support business being processed in conjunction with this change of zone. COZ14-0007 Page 3 of 8 C. Section 23-2-30.A.3. - Adequate water and sewer service can be made available to the site to serve the uses permitted within the proposed zone district. Water is provided by the City of Greeley (meter 09216215) and there is an existing septic system on the property (SP-1400350). 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 Colorado Department of Transportation (CDOT), in their referral dated March 26, 2015, has reviewed the Oil and Gas Support and Service USR (USR15-0014) being applied for in conjunction with this change of zone. CDOT has indicated they want a temporary access permit for this proposed facility. CDOT has indicated that should the current 3-year lease for this facility be extended or reassigned — a new access permit will be required. CDOT reserves the right to re-evaluate accesses should an accident history develop. 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 property is not located within a Flood Hazard overlay or a Geological Hazard Overlay District. The property is located within the Greeley-Weld Airport Overlay District. No referral response has been received from the Greeley-Weld Airport Overlay District regarding this request. 2) Section 23-2-30.A.5.b. — The existing zoning classification allows commercial businesses and uses on the property. The properties are covered with existing buildings and improvements. The proposed rezone to I-1 (Industrial) will not make it any harder to extract minerals than under the existing C-3 (Business Commercial)zoning classification. 3) Section 23-2-30.A.5.c. — The property is covered by existing buildings and structures. 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-3 (Business Commercial) Zone District to 1-1 (Industrial) Zone District is conditional upon the following: 1. Prior to recording the plat: A. The applicant shall provide the Weld County Department of Planning Services with a Statement of Taxes from the Weld County Treasurer showing no delinquent taxes exist for the original parcel. (Department of Planning Services) B. Septic permit SP-1400350 shall receive final approval from Environmental Health Services. (Department of Public Health and Environment) C. The Colorado Department of Transportation (CDOT) has jurisdiction over all accesses to the state highways. Please contact CDOT to verify the access permit or for any additional requirement that may be needed to obtain or upgrade the permit. (Department of Planning Services— Engineer) D. The applicants shall attempt to address the comments of the City of Greeley as stated in their referral dated December 3, 2014. Written evidence of such shall be COZ14-0007 Page 4 of 8 provided to the Department of Planning Services. (City of Greeley) 2. The plat shall be amended to delineate the following: A. All pages of the plat shall be labeled COZ14-0007. (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. All recorded easements shall be shall be shown and dimensioned on the Change of Zone plat. (Department of Planning Services, Department of Public Works) D. Edge of future right-of-way (75-feet from the centerline of Highway 34) shall be indicated on the plat. (Colorado Department of Transportation) 3. The following notes shall be delineated on the Change of Zone plat: A. The Change of Zone allows for I-1 (Industrial) uses which shall comply with the I- 1 (Industrial) Zone District requirements as set forth in Article Ill Division 5 of the Weld County Code. (Department of Planning Services) B. The operation shall comply with all applicable rules and regulations of the State and Federal agencies and the Weld County Code. (Department of Planning Services) C. Any future structures or uses on site must obtain the appropriate zoning and building permits. (Department of Planning Services) D. Water service shall be obtained from the City of Greeley. (Department of Public Health and Environment) E. 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) F. 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) G. 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) H. If land development 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) COZ14-0007 Page 5 of 8 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) J. 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) K. The historical flow patterns and runoff amounts will be maintained on the site. (Department of Planning Services - Engineer) L. Building permits shall be obtained prior to the construction of any new building. A plan review is required for each building. Plans shall bear the wet stamp of a Colorado registered architect or engineer. Two complete sets of plans are required when applying for each permit. (Department of Building Inspection) M. New buildings shall conform to the requirements of the various codes adopted at the time of permit application. Currently, the following has been adopted by Weld County: 2006 International Building Code, 2006 International Mechanical Code, 2006 International Plumbing Code, 2014 National Electrical Code and Chapter 29 of the Weld County Code. (Department of Building Inspection) N. Building Permits issued on the proposed lots will be required to adhere to the fee structure of the Weld County Road Impact Program and the County Facility Fee and Drainage Impact Fee. (Ordinance 2011-2) O. Screening and/or buffering from adjacent uses may be required at time of Site Plan Review and/or Use by Special Review Permit. (Department of Planning Services) P. 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) Q. 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 COZ14-0007 Page 6 of 8 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 (3,700) miles of state and County roads outside of municipalities. The sheer magnitude of the area to be served stretches available resources. Law enforcement is based on responses to complaints more than on patrols of the County, and the distances which must be traveled may delay all emergency responses, including law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must leave their jobs and families to respond to emergencies. County gravel roads, no matter how often they are bladed, will not provide the same kind of surface expected from a paved road. Snow removal priorities mean that roads from subdivisions to arterials may not be cleared for several days after a major snowstorm. Services in rural areas, in many cases, will not be equivalent to municipal services. Rural dwellers must, by necessity, be more self-sufficient than urban dwellers. People are exposed to different hazards in the County than in an urban or suburban setting. Farm equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center pivot operations, high speed traffic, sand burs, puncture vines, territorial farm dogs and livestock, and open burning present real threats. Controlling children's activities is important, not only for their safety, but also for the protection of the farmer's livelihood. 3. Upon completion of Conditions of Approval 1. and 2. above, the applicant shall submit three (3) paper copies 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). COZ14-0007 Page 7 of 8 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. COZ14-0007 Page 8of8 H N DEPARTMENT OF PLANNING SERVICES a $6i 1555 N 17th AVE GREELEY, CO 80631 WEBSITE: www.co.weld.co.us E-MAIL: cgathman@co.weld.co.us �f PHONE: (970) 353-6100, Ext. 3537 p - i FAX: (970) 304-6498 May 19, 2015 HODGES TODD 2412 DENBY CT FT COLLINS, CO 80526 Subject: COZ14-0007 - Change of Zone from the C-3 (Business Commercial) Zone District to the IA (Industrial)Zone District. On parcel(s)of land described as: LOT 1 SW4SW4 SECTION 10, T5N, R65W S OF GREELEY-FT MORGAN HWY of the 6th P.M., Weld County, Colorado. LOTS 2 &5 IN SW4SW4 SECTION 10, T5N, R65W of the 6th P.M., Weld County, Colorado. Dear Applicants: I have scheduled a meeting with the Weld County Planning Commission on June 16, 2015, at 1:30 p.m. A subsequent hearing with the Board of County Commissioners will be held on July 8, 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.weldcou ntyplanningcases.org If you have any questions concerning this matter, please call. Respectfully, Digitally amt he author rioe Ranslem thisdocument Fuson:lamtheauthorofhisdoc Date:2015.05.19 07:55:17-06'00' Chris Gathman Planner h N DEPARTMENT OF PLANNING SERVICES i ti 1555 N 17th AVE j ' r ^ GREELEY, CO 80631 WEBSITE: www.co.weld.co.us E-MAIL: cgathman@co.weld.co.us / PHONE: (970)353-6100, Ext. 3537 ? FAX: (970)304-6498 November 26, 2014 HODGES TODD 2412 DENBY CT FT COLLINS, CO 80526 Subject: COZ14-0007 - Change of Zone from the C-3 (Business Commercial) Zone District to the IA (Industrial)Zone District. On parcel(s)of land described as: LOT 1 SW4SW4 SECTION 10, T5N, R65W OF THE 6TH P.M., WELD COUNTY, COLORADO. LOT 2 & 5 IN SW4SW4 SECTION 10, 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: Garden City at Phone Number 970-351-0041 Greeley at Phone Number 970-350-9741 Kersey at Phone Number 970-353-1681 Evans at Phone Number 970-475-1170 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 amtheagned by author Fuson:I am the author of this document Date:2014.11.26 10:22:32-07'00' Chris Gathman Planner FIELD CHECK inspection dates: 6/5/2015 APPLICANT: Donaldson and Company LLC CASE #: COZ14-0007 REQUEST: Change of Zone from C-3 (Business Commercial)to I-1 (Industrial) LEGAL: Pad of Lot 1; located in the SW4SW4 and pad of Lots 2 & 5; located in the SW4SW4; all in Section 10, T5N, R65W of the 6th P.M., Weld County, Colorado LOCATION: South of and adjacent to State Highway 34 and approximately 325 feet east of Cherry Avenue. PARCEL ID #s: 096110300010 & 096110300012 ACRES: +/- 8.41 acres Zoning Land Use N A N Rangeland E A E Highway 34/Motel & residential Subdivision S A S Oil & Gas Production Equipment/Residential Subdivision W A W Commercial/Industrial use/SF residences COMMENTS: Existing buildings and parking area on site. Chris Gathman - Planner III Hello