HomeMy WebLinkAbout20142535.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Jordan Jemiola, that the following resolution be introduced for passage by the Weld County
Planning Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER: COZ14-0004
APPLICANT: WILLIAM&TRISHA MORAN
PLANNER: CHRIS GATHMAN
REQUEST: CHANGE OF ZONE FROM THE R-1 (RESIDENTIAL)ZONE DISTRICT TO THE C-
3(COMMERCIAL)ZONE DISTRICT.
LEGAL DESCRIPTION: L2 SW4SW4 SECTION 9, T5N, R65W OF THE 6TH P.M., WELD COUNTY,
COLORADO.
LOCATION: SOUTH OF AND ADJACENT TO E. 18TH STREET;APPROXIMATELY 625 FEET
EAST OF 1ST AVENUE.
be recommended favorably to the Board of County Commissioners 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.
Sec. 22-2-100. Commercial development Goals and Policies.
A. C.Goal 1. Promote the location of commercial uses within municipalities, County Urban
Growth Boundary areas, Intergovernmental Agreement urban growth areas, growth
management areas as defined in municipal comprehensive plans,the Regional Urbanization
Areas, Urban Development Nodes or where adequate services are currently available or
reasonably obtainable.
2. C.Policy 1.2. Encourage new commercial development within existing commercial areas.
E. C.Goal 5. Minimize the incompatibilities that occur between commercial uses and
surrounding properties.
1. C.Policy 5.1. Consider the compatibility with surrounding land uses and natural site features.
The site is located east of and adjacent to C-3(Commercial)Zoned property(SPR-199—storage
building) in Weld County and commercial property located within the City of Greeley. C-3
commercial zoned properties are located to the north(across 18`h Street)from the site as well.A
single family residential subdivision is located to the south of the site and an undeveloped parcel
is located to the east.
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 site is located east of and adjacent to C-3(Commercial)Zoned property(SPR-199—storage
building) in Weld County and commercial property located within the City of Greeley. C-3
commercial zoned properties are located to the north(across 18`"Street)from the site as well.A
single family residential subdivision is located to the south of the site and an undeveloped parcel
is located to the east.
No referral responses or telephone calls have been received from surrounding property owners in
regards to this case.
If the Change of Zone is approved,a Site Plan Review Application will need ti
approved for the proposed use(vehicle and equipment storage). The Site PI.
requires the applicant to demonstrate compliance with the design and operati,
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RESOLUTION COZ14-0004
WILLIAM&TRISHA MORAN
PAGE 2
Commercial Zone district. Section 23-3-350 of the Weld County Code states: "uses in
Commercial Zone Districts involving outdoor storage of vehicles, equipment or materials when
permitted shall be screened from public rights-of-way and all adjacent properties."
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 site is served by an existing City
of Greeley residential water tap and an existing septic system. Currently employees arrive at the
site to drop off their vehicles and pick up work vehicles and equipment.The application indicates
that they do not use the bathroom in the existing residence on the site. The City of Greeley, in
their referral dated June 19, 2014, is requesting annexation of this property. Annexation is not
required at this time but if the use expands in the future necessitating a new or expanded tap
annexation will be required.Also, annexation will be required if sewer service is requested in the
future from the City of Greeley.
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 18`h Street (Highway 34) and 18th Street is maintained by the Colorado
Department of Transportation.The Colorado Department of Transportation stated that they had
no issues with this request in their electronic mail response dated July 21, 2014.
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 located within the Greeley-Airport
Overlay District. 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).
2) Section 23-2-30.A.5.b.—The site is an existing 4.84 acre property with an existing residence.
The size of the property and existing improvements do not make it practical for commercial
mining.
3) Section 23-2-30.A.5.c.—This site is not located within the boundaries of a Soil Conservation
District. The Natural Resource Conservation Soils Survey soils report submitted with the
application indicates that the site consists of soils that are defined as"Not Limited"for small
commercial buildings. No building permits are anticipated at this time but engineered
foundation plans along with a soils report or open hole inspection report are required to be
submitted with building permit(s).
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 R-1 (Residential)Zone District to C-3(Business Commercial)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 attempt to address the requirements (concerns) of the City of Greeley, as
stated in the referral response dated June 19, 2014. Evidence of such shall be submitted in
writing to the Weld County Department of Planning Services.
RESOLUTION COZ14-0004
WILLIAM&TRISHA MORAN
PAGE 3
2. The plat shall be amended to delineate the following:
A. All pages of the plat shall be labeled COZ14-0004. (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)
3. The following notes shall be delineated on the Change of Zone plat:
A. The Change of Zone allows for C-3(Business Commercial)uses which shall comply with the
C-3(Business Commercial)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. Any future structures or uses on site must obtain the appropriate zoning and building permits.
(Department of Planning Services)
D. The existing residential building on the site shall be used either as an office or as living
quarters for caretakers or security personnel responsible for maintaining, or guarding the
property. (Department of Planning Services)
E. Water service shall be obtained from the City of Greeley. (Department of Public Health and
Environment)
F. If the use of the residential building on the site changes to commercial it will be subject to the
raw water surcharge. Compound taps (one service tap serving multiple buildings) are not
allowed. If a commercial tap needs to be added, annexation to the City of Greeley will be a
pre-requisite. (City of Greeley)
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. Language for the preservation and/or protection of the absorption field shall be placed on
the plat. The note shall state that activities such as permanent landscaping, structures,
dirt mounds or other items are expressly prohibited in the absorption field site.
(Department of Public Health and Environment)
I. 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)
J. If land development exceeds 6 months in duration, the responsible party shall prepare a
fugitive dust control plan, submit an air pollution emissions notice (APEN), and apply for a
permit from the Colorado Department of Public Health and Environment. (Department of
Public Health and Environment)
K. 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
RESOLUTION COZ14-0004
WILLIAM&TRISHA MORAN
PAGE 4
Department of Public Health and the Environment at www.cdphe.state.co.us/wq/PermitsUnit
for more information. (Department of Public Health and Environment)
L. A building and electrical permit will be required, per Section 29-3-10 of the Weld County
Code, for any new structures ,additions or renovation to any structures. A building permit
application must be completed and two complete sets of engineered plans. MSDS sheets for
all materials stored shall be submitted with building permit applications.
M. The structures proposed to have changes uses will require, per Section 29-3-10 of the Weld
County Code, commercial building permit for change of use.A code analysis, floor plan and
complete set of plans for any alteration and a structural analysis by a professional engineer
may be required. (Department of Building Inspection)
N. Buildings and 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:
2O12 International Building Code; 2012 International Mechanical Code; 2012 International
Plumbing Code:; 2012 International Fuel Gas Code; 2006 International Energy Code; 2011
National Electrical Code; 2009 ANSI 117.1 Accessibility Code and Chapter 29 of the Weld
County Code. (Department of Building Inspection)
O. 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, 2008 National Electrical Code and Chapter 29 of the Weld County Code.
(Department of Building Inspection)
P. Building Permits issued on the proposed lots will be required to adhere to the fee structure of
the Countywide Road Impact Program.
Q. 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.
R. 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)
S. The historical flow patterns and runoff amounts will be maintained on the site. (Department of
Planning Services-Engineer)
T. This site is located in a State Designated, Municipal Separate Storm Sewer System (MS4)
Area which may trigger specific water quality requirements or other drainage improvements if
the lot develops further. (Department of Planning Services-Engineer)
U. 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)
V. 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
RESOLUTION COZ14-0004
WILLIAM&TRISHA MORAN
PAGE 5
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.
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 one(1)paper
)pp
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);
RESOLUTION COZ14-0004
WILLIAM&TRISHA MORAN
PAGE 6
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.
Motion seconded by Benjamin Hansford.
VOTE:
For Passage Against Passage Absent
Benjamin Hansford
Bruce Sparrow
Jason Maxey
Jordan Jemiola
Joyce Smock
Michael Wailes
Nick Berryman
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioner's for further proceedings.
CERTIFICATION OF COPY
I, Kristine Ranslem, Recording Secretary for the Weld County Planning Commission,do hereby certify that the
above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County,
Colorado, adopted on August 5, 2014.
Dated the 5th of August, 2014.
Kristine Ranslem
Secretary
ELI MINu1ES
q61 5 I EXHIBIT
1
• Motion: Delete Condition of Approval 1.F, Moved by Nick Berryman, Seconded b � .4 •0 0 ,
Motion carried unanimously.
Motion: Delete Condition of Approval 6.A, Moved by Benjamin Hansford, Seconded by Joyce Smock.
Motion carried unanimously.
The Chair asked the applicant if they have read through the amended Development Standards and
Conditions of Approval and if they are in agreement with those. The applicant replied that they are in
agreement.
Motion: Forward Case USR14-0029 to the Board of County Commissioners along with the amended
Conditions of Approval and Development Standards with the Planning Commission's recommendation of
approval, Moved by Jordan Jemiola, Seconded by Benjamin Hansford.
Vote: Motion carried by unanimous roll call vote(summary: Yes= 7).
Yes: Benjamin Hansford, Bruce Sparrow, Jason Maxey, Jordan Jemiola, Joyce Smock, Michael Wailes,
Nick Berryman.
Commissioner Sparrow commented that he doesn't like to see good farm ground used for these types of
businesses.
CASE NUMBER: COZ14-0004
APPLICANT: WILLIAM&TRISHA MORAN
PLANNER: CHRIS GATHMAN
REQUEST: CHANGE OF ZONE FROM THE R-1 (RESIDENTIAL)ZONE DISTRICT TO THE
C-3(COMMERCIAL)ZONE DISTRICT.
LEGAL DESCRIPTION: L2 SW4SW4 SECTION 9, T5N, R65W OF THE 6TH P.M., WELD COUNTY,
COLORADO.
LOCATION: SOUTH OF AND ADJACENT TO E. 18TH STREET; APPROXIMATELY 625
FEET EAST OF 1ST AVENUE.
• Chris Gathman, Planning Services, presented Case COZ14-0004, reading the recommendation and
comments into the record. The Department of Planning Services recommends approval of this
application with the attached conditions of approval and development standards.
Mr. Gathman said that there are notes on the plat that the existing house on site can only be used as a
caretaker's residence or office. It cannot be used as a rental home in the Commercial Zone District under
the Weld County Code.
Jennifer Petrik, Public Works, reported on the existing traffic, access and drainage conditions and the
requirements on site.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on-site
dust control, and the Waste Handling Plan.
Trisha Sandau, 1712 1st Avenue, Greeley, stated that the property is used for storage of traffic control
cones, drums, pickups and message boards.
Commissioner Maxey asked the applicant if she is interested in annexing into the City of Greeley. Ms.
Sandau said that she is not interested in annexing into Greeley.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Brad Mueller, Director of Community Development, City of Greeley, 1100 10`h Street, Greeley, stated that
the property is surrounded by the City of Greeley. The character of the area also shows that this is an
urbanizing area. Mr. Mueller respectfully requested that annexation into the City of Greeley be
considered.
• Commissioner Berryman stated that the applicant has stated that they wish to not annex but asked if
there was anything that the Planning Commission could review or make changes to. Mr. Mueller said that
discussion of Intergovernmental Agreements have been discussed however it has not been finalized. He
added that there is no specific request and recognizes the owner's right along with the county process.
He believes that through annexation there would be long term benefits for the landowner.
In response to the Chair's inquiry, Ms. Sandau said that there are not further comments at this time
regarding annexation.
The Chair asked the applicant if they have read through the Development Standards and Conditions of
Approval and if they are in agreement with those. The applicant replied that they are in agreement.
Motion: Forward Case COZ14-0004 to the Board of County Commissioners along with the Conditions of
Approval and Development Standards with the Planning Commission's recommendation of approval,
Moved by Jordan Jemiola, Seconded by Benjamin Hansford.
Vote: Motion passed (summary: Yes=6, No= 1,Abstain = 0).
Yes: Benjamin Hansford, Bruce Sparrow, Jason Maxey, Jordan Jemiola, Michael Wailes, Nick Berryman.
No: Joyce Smock.
Commissioner Smock stated that given the location of the property, she believes that this site should be
annexed into the City of Greeley.
Commissioner Berryman said that if the site becomes a more intensive operation, he encouraged the
applicants to look at annexation.
Commissioner Maxey concurred with Mr. Berryman's comments.
The Chair called a recess at 3:01 pm and reconvened the hearing at 3:13 pm.
CASE NUMBER: USR14-0028
APPLICANT: STUART BOMBEL, C/O ASPHALT SPECIALTIES
PLANNER: CHRIS GATHMAN
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL USE
• PERMIT FOR ANY USE PERMITTED AS A USE BY RIGHT, AN ACCESSORY
USE, OR A USE BY SPECIAL REVIEW IN THE COMMERCIAL OR
INDUSTRIAL ZONE DISTRICTS (HEAVY EQUIPMENT AND TRUCK REPAIR
SHOP ALONG WITH OUTSIDE EQUIPMENTNEHICLE STORAGE AND
STAGING), PROVIDED THAT THE PROPERTY IS NOT A LOT IN AN
APPROVED OR RECORDED SUBDIVISION PLAT OR LOTS PARTS OF A
MAP OR PLAN FILED PRIOR TO ADOPTION OF ANY REGULATIONS
CONTROLLING SUBDIVISIONS IN THE A (AGRICULTURAL) ZONE
DISTRICT.
LEGAL DESCRIPTION: PART OF THE N2SE4 (ALL THAT PART LYING SOUTHEASTERLY OF THE
BULL CANAL) OF SECTION 22, T1N, R68W OF THE 6TH P.M., WELD
COUNTY, COLORADO.
LOCATION: WEST OF AND ADJACENT TO THE WEST 1-25 FRONTAGE ROAD;
APPROXIMATELY 1,300 FEET NORTH OF CR 6.
Chris Gathman, Planning Services, presented Case USR14-0028, reading the recommendation and
comments into the record. Mr. Gathman noted that the Town of Erie objects to this request as it does not
comply with their Comprehensive Plan and lack of screening of outdoor vehicle storage yards from
adjacent properties and 1-25. He added that there is a condition of approval that requires a
landscape/screening plan. The Department of Planning Services recommends approval of this
application with the attached conditions of approval and development standards.
Jennifer Petrik, Public Works, reported on the existing traffic, access and drainage conditions and the
requirements on site. Ms. Petrik said that there is a geologic fault line that runs through this property.
She added that she spoke to the Colorado Geological Survey and they indicated that they accept the
Geotechnical Hazard Report. Ms. Petrik recommended removing Condition of Approval 1.D.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on-site
dust control, and the Waste Handling Plan.
• Rob Laird, Resource Management for Asphalt Specialties, 10100 Dallas Street, Henderson, Colorado,
stated that they currently sublease the site and added that they have subsequently entered into a
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