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LAND USE APPLICATION
SUMMARY SHEET
2_GaHNTY
PLANNER: C. Gathman HEARING DATE: July 15, 2014
CASE
NUMBER: COZ14-0003
APPLICANT: Big Thompson Investments Holdings, LLC
ADDRESS: 22785 County Road 62, Greeley CO. 80631
REQUEST: Change of Zone from the A (Agricultural)Zone District to the 1-3 (Industrial)Zone
District.
LEGAL: Lot A of Recorded Exemption RE-4915; Part S2SE4 of Section 35, Township 6
North Range 65 West of the 6`" PM, Weld County, Colorado
LOCATION: North of and adjacent to County Road 62 and approximately 1,000 feet west of
County Road 47.
ACRES: +/-4.32 acres
PARCEL#: 0803 35 400023
POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS
The Department of Planning Services' staff has received responses from the following agencies:
With Comment:
Greeley-Weld County Airport Authority, referral received March 19, 2014
Weld County Department of Public Health and Environment, referral received April 9, 2014
Weld County Department of Planning Services- Engineering, referral received April 9, 2014
West Greeley Soil Conservation District, referral received March 27, 2014
City of Greeley, referral received April 9, 2014
Without Comment:
Weld County Department of Building Inspection, referral received April 8, 2014
Weld County Code Compliance, referral received March 14, 2014
Colorado Parks &Wildlife, referral received April 15, 2014
Town of Kersey, referral received March 27, 2014
Western Hills Fire Protection District, referral received March 17, 2014
COZ14-0003
Page 1 of 9
The Department of Planning Services' staff has not received responses from:
Weld County Sheriff's Office
Colorado Division of Water Resources
North Weld County Water District
COZ14-0003
Page 2 of 9
1�I � � ADMINISTRATIVE RECOMMENDATION
UL p'J N � CHANGE OF ZONE
PLANNER: C. Gathman HEARING DATE:July 15, 2014
CASE
NUMBER: COZ14-0003
APPLICANT: Big Thompson Investments Holdings, LLC
ADDRESS: 22785 County Road 62, Greeley CO. 80631
REQUEST: Change of Zone from the A (Agricultural)Zone District to the 1-3 (Industrial)Zone
District.
LEGAL: Lot A of Recorded Exemption RE-4915; Part S2SE4 of Section 35, Township 6
North Range 65 West of the 6`" PM, Weld County, Colorado
LOCATION: North of and adjacent to County Road 62 and approximately 1,000 feet west of
County Road 47.
ACRES: +/-4.32 acres
PARCEL#: 080335400023
REQUEST SUMMARY: The applicants are proposing to rezone an existing 4.32 acre lot from (A)
Agricultural to 1-3 (Industrial). There is an existing single-family residence and outbuildings on the
parcel. The parcel currently borders a Planned Unit Development (Union Colony Industrial Park
PUD)for C-3 Commercial, I-1, 1-2 and 1-3 (Industrial) uses on the east, west and north. The
parcel to the south has submitted an annexation application to the City of Greeley and is
proposing to develop this lot for Industrial uses. A pre-annexation agreement has been signed for
this lot and has been submitted to and accepted by the City of Greeley. Per this agreement, the
property would be annexed to the City of Greeley no later than March 1, 2016.
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 Code.
COZ14-0003
Page 3 of 9
Sec. 22-2-80. Industrial development Goals and Policies.
A. I.Goal 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.
1. I.Policy 1.1. Ensure that adequate industrial levels of services and facilities are
currently available or reasonably obtainable to serve the industrial development or
district.
2. I.Policy 1.2. Encourage new industrial development within existing industrial
areas.
F. (.Goal 6. Minimize the incompatibilities that occur between industrial uses and
surrounding properties.
The proposed change of zone would change the zoning of a lot that borders a PUD
(Union Colony Industrial Park) for C-3 commercial uses, and I-1, 1-2 and 1-3 Industrial
Uses on the north, west and east. The Greeley-Weld Airport is located to the west of
the site. Additionally, an annexation petition has been submitted to the City of
Greeley for a proposed industrial use for the property to the south of this site. The
size of the parcel (4.32) acres is not consistent with the existing agricultural zoning
minimum lot size of 80 acres. Given the site is surrounded on three sides by
commercial/industrial property and is planned for future annexation to the City of
Greeley, Industrial zoning is appropriate for this property.
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. The
parcel to be rezoned is surrounded by an existing commercial/industrial PUD (Union
Colony Industrial Park) on the east, north and west and the parcel to the south is in
the process of annexing to the City of Greeley to be developed as an Industrial site.
C. Section 23-2-30.A.3. - Adequate water and sewer service can be made available to
the site to serve the uses permitted within the proposed zone district. The parcel is
currently served by the North Weld County Water District. A pre-annexation
agreement has been drafted between the City of Greeley, Triton Water Disposal
Services and Peckham Development Corporation. The City of Greeley has agreed to
supply water and sewer to this property as a condition of the pre-annexation
agreement.
D. Section 23-2-30.A.4. - Street or highway facilities providing access to the property are
adequate in size to meet the requirements of the proposed zone districts. The site
accesses onto County Road 62, a local paved road. Per the Weld County
Department of Public Works, future development shall utilize the existing access onto
County Road 62.
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. -At the time of site plan review/construction any uses will
be required to adhere to the requirements of the Airport Overlay District (Article
V, Division 1 — Weld County Code). The Greeley-Weld Airport, in their referral
dated March 19, 2014, indicated that a height limit of 50-feet needs to be set for
structures.
COZ14-0003
Page 4 of 9
2) Section 23-2-30.A.5.b. — A geology report was prepared by a Professional
Engineer indicates that commercially recoverable gravel resources were not
identified at the site.
3) Section 23-2-30.A.5.c. — The site is located within the West Greeley Soil
Conservation District. Onsite soil limitations are identified as "slight" according
the West Greeley Soil Conservation District referral dated March 24, 2014. A
soils report or open hole inspection report will be required to be submitted for any
future building permits on the site.
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 1-3 Zone District is conditional upon
the following:
1. Prior to recording the plat:
A. The applicant shall provide the Weld County Department of Planning Services with
a Statement of Taxes from the Weld County Treasurer showing no delinquent taxes
exist for the original parcel. (Department of Planning Services)
B. The applicant shall address the conditions of the Greeley-Weld County Airport
Authority, as stated in their referral dated March 24, 2014. Written evidence of such
shall be provided to the Department of Planning Services. (Greeley-Weld County
Airport Authority)
C. Submit documentation from the City of Greeley indicating that water service is
available. (Department of Public Health and Environment)
D. There is a single-family residence located on the property. This is not an allowed use
under I-3 Industrial Zoning. The applicant shall do one of the following:
1) Complete and submit a Nonconforming Use of Structures application to the
Department of Planning Services.
OR
2) Convert the residence into an accessory structure. The applicant shall submit
evidence to the Department of Planning Services that the kitchen facilities have
been removed and any septic systems have been disconnected from the accessory
building for storage purposes. (Department of Planning Services)
OR
3) Remove the residence with appropriate demolition permit. (Department of
Planning Services)
E. Submit a copy of the signed and executed pre-annexation agreement between the
City of Greeley, Peckham Development Corporation and Triton Water Disposal
Services LLC. (Department of Planning Services)
COZ14-0003
Page 5 of 9
2. The plat shall be amended to delineate the following:
A. All sheets of the plat shall be labeled COZ14-0003. (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- Engineering)
D. County Road 62 is designated on the Weld County Road Classification Plan as a
local paved road, which requires 60 feet of right-of-way at full build out. The
applicant shall verify the existing right-of-way and the documents creating the
right-of-way and this information shall be noted on the plat. All setbacks shall be
measured from the edge of future right-of-way. If the right-of-way cannot be
verified, it shall be dedicated. This road is maintained by Weld County.
(Department of Planning Services— Engineering)
3. 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 Article III 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. With a Final Plat or Site Plan Review submittal, the applicant will need to provide
a Master Drainage Report which adequately addresses the requirements listed in
Weld County Code Chapter 8, Article 10, Section 8-11-120. (Department of
Planning Services- Engineering)
D. A detailed Traffic Impact Study may be required with the Final Plat or Site Plan
Review application. Offsite roadway and/or intersection improvements may be
required. (Department of Planning Services- Engineering)
E. Access requirements will be determined when Traffic is reviewed with the Final
Plat or Site Plan Review application. (Department of Planning Services -
Engineering)
F. Prior to recording a Final Plat or Site Plan Review Plat, the applicant may be
required to enter into an Improvements Agreement for Improvements.
(Department of Planning Services- Engineering)
G. An On-site Geotechnical Soils Report needs to be submitted prior to recording of
the Final Plat or Site Plan Review that includes a preliminary design for the roads
to be constructed on-site. (Department of Planning Services- Engineering)
H. Water service shall be obtained from the City of Greeley. (City of Greeley)
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)
COZ14-0003
Page 6 of 9
J. Activities such as landscaping (i.e. planting of trees and shrubs) and construction
(i.e. auxiliary structures, dirt mounds, etc.) activities are expressly prohibited in
the designated absorption field site. (Department of Public Health and
Environment)
K. 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)
L. In accordance with the Regulations of the Colorado Air Quality Control
Commission any development that disturbs more than 5 acres of land must
incorporate all available and practical methods that are technologically feasible
and economically reasonable in order to minimize dust emissions. (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. The historical flow patterns and run-off amounts will be maintained. (Department
of Planning Services-Engineering)
P. This property is subject to future annexation to the City of Greeley per the Union
Colony Pre-Annexation Agreement dated June 27, 2014 between the City of
Greeley, Triton Water Disposal Services LLC and Peckham Development
Corporation. (Department of Planning Services)
Q. 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 Section 15-1-180 of the Weld County
Code. (Department of Public Health and Environment)
R. Any future structures or uses on site must obtain the appropriate zoning and
building permits. (Department of Planning Services)
T. Building permits may be required for any new construction, alteration, or addition
to any buildings or structures on the property, per Section 29-3-10 of the Weld
County Code. Currently the following has been adopted by Weld County: 2012
International Codes; 2006 International Energy Code; 2011 National Electrical
Code. (Department of Building Inspection) (Department of Building Inspection)
U. Building Permits issued on the proposed lots will be required to adhere to the fee
structure of the Countywide Road Impact Program.
V. 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 programs.
COZ14-0003
Page 7 of 9
W. 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)
X. 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 (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.
COZ14-0003
Page 8 of 9
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. And 3. 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).
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.
COZ14-0003
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: cgathman@co.weld.co.us
�f PHONE: (970) 353-6100, Ext. 3537
p - i FAX: (970)304-6498
r
June 25, 2014
NAYLOR TIM
3050 67TH AVE STE 200
GREELEY, CO 80634
Subject: COZ14-0003 - Change of Zone from the A (Agricultural) Zone District to the 1-3 (Industrial)
Zone District.
On parcel(s)of land described as:
PT S2SE4 SECTION 35, T6N, R65W LOT A REC EXEMPT RE-4915 of the 6th P.M., Weld County,
Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on July 15, 2014, at 1:30 p.m.
A subsequent hearing with the Board of County Commissioners will be held on August 13, 2014 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 Kristine tanslem
�y mason:Iamthe author of this document
s�S "4 " Date:2014.06.25 08:54:32-0600'
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
iri_ �j, PHONE: (970)353-6100, Ext. 3537
X ? FAX: (970)304-6498
March 14, 2014
AGPROFESSIONALS, LLC
TIM NAYLOR
3050 67TH AVE STE 200
GREELEY, CO 80634
Subject: COZ14-0003 - Change of Zone from the A (Agricultural) Zone District to the I-3 (Industrial)
Zone District.
On parcel(s)of land described as:
PT NE4 SECTION 2, T5N, R65W of the 6th P.M., Weld County, Colorado.
PT S2SE4 SECTION 35, T6N, R65W LOT A REC EXEMPT RE-4915 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 970-350-9741
Kersey at Phone Number 970-353-1681
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
Fuson:I am the author of this document
G Date:2014.03.1413:54:35-06'00'
Chris Gathman
Planner
FIELD CHECK inspection dates: 7/1/2014
APPLICANT: Big Thompson Investments Holdings, LLC
CASE #: COZ14-0003
REQUEST: Change of Zone from the A (Agricultural)Zone District to the 1-3 (Industrial)Zone District.
LEGAL: Lot A of Recorded Exemption RE-4915; Part S2SE4 of Section 35, Township 6 North
Range 65 West of the 6th PM, Weld County, Colorado
LOCATION: North of and adjacent to County Road 62 and approximately 1,000 feet west of County
Road 47.
PARCEL ID #s: 0803 35 400023
ACRES: +/-4.32 acres
Zoning Land Use
N A N Industrial Lot
E A E Industrial Lot
S A S Cropland (in process of rezoning to industrial and
annexing to Greeley)
W A W Industrial Lot/Greeley-Weld Airport
COMMENTS:
Existing residence and outbuilding on parcel.
Chris Gathman - Planner III
Hello