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LAND USE APPLICATION
SUMMARY SHEET
PLANNER: C. Gathman HEARING DATE:August 5, 2014
CASE
NUMBER: COZ14-0004
APPLICANT: Trisha &William Moran
ADDRESS: 228 East 18`h Street, Greeley, CO 80631
REQUEST: Change of Zone from the R-1 (Low-Density Residential) Zone District to the C-3
(Business Commercial)Zone District.
LEGAL: Lot 2, Union Colony Subdivision, located in the SW4SW4 of Section 9 T5N
R65W of the 6`h PM, Weld County, Colorado
LOCATION: South of and adjacent to East 18th Street, and approximately 625 feet east of 1s`
Avenue
ACRES: +/-4.84 acres
PARCEL#: 096109300084
POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS
The Department of Planning Services' staff has received responses from the following agencies:
With Comment:
Weld County Department of Building Inspection, referral dated May 28, 2014
Weld County Department of Public Health and Environment, referral dated June 19, 2014
Weld County Code Compliance, referral dated June 16, 2014
Weld County Department of Planning Services— Engineer, dated June 20, 2014
City of Greeley, referral dated June 19, 2014
Without Comment:
Colorado Department of Transportation, Electronic Mail referral received July 21, 2014
The Department of Planning Services' staff has not received responses from:
Weld County Sheriff's Office
Greeley-Weld Airport Authority
Colorado Parks &Wildlife
Garden City
City of Evans
Western Hills Fire Protection District
COZ14-0004
Page 1 of 8
�i ►lC1ry � ADMINISTRATIVE RECOMMENDATION
UrI- r J N,v CHANGE OF ZONE
PLANNER: C. Gathman HEARING DATE:August 5, 2014
CASE
NUMBER: COZ14-0004
APPLICANT: Trisha &William Moran
ADDRESS: 228 East 18th Street, Greeley, CO 80631
REQUEST: Change of Zone from the R-1 (Low-Density Residential) Zone District to the C-3
(Business Commercial)Zone District.
LEGAL: Lot 2, Union Colony Subdivision, located in the SW4SW4 of Section 9 T5N
R65W of the 6`" PM, Weld County, Colorado
LOCATION: South of and adjacent to East 18th Street, and approximately 625 feet east of 1s`
Avenue
ACRES: +/-4.84 acres
PARCEL#: 096109300084
REQUEST SUMMARY: The applicant is applying for a change of zone in order to allow existing
commercial use (storage and staging of commercial vehicles and equipment)to remain on the
site. There is an existing zoning violation on the property(ZCV14-00047)for the operation of a
commercial business without the necessary zoning permits. The existing zoning of the property
(R-1 — Residential) does not allow this use. Existing C-3 Commercial Zoning is located to the
north and west of this parcel. An existing residence is on the property and shares parking and
access with the C-3 commercial use.
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.
Sec. 22-2-100. Commercial development Goals and Policies.
COZ14-0004
Page 2 of 8
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
18t 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 to be
submitted and approved for the proposed use (vehicle and equipment storage). The
Site Plan Review process requires the applicant to demonstrate compliance with the
design and operation standards of the 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.
COZ14-0004
Page 3 of 8
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 18`h 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.
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)
COZ14-0004
Page 4 of 8
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)
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 Department of Public Health
and the Environment at www.cdpliesrare.co,us/wq/PermirsGnr 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
COZ14-0004
Page 5 of 8
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: 2012 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 congestion, and the rural atmosphere and way of life. Without
COZ14-0004
Page 6 of 8
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 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.
COZ14-0004
Page 7 of 8
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.
COZ14-0004
Page 8 of 8
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
C v i FAX: (970)304-6498
r
July 10, 2014
MORAN TRISHA
32660 VISTA LAKE RD
GREELEY, CO 80631
Subject: COZ14-0004 - Change of Zone from the R-1 (Residential) Zone District to the C-3
(Commercial)Zone District.
On parcel(s)of land described as:
L2 SW4SW4 SECTION 9, T5N, R65W of the 6th P.M., Weld County, Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on August 5, 2014, at 1:30
p.m. A subsequent hearing with the Board of County Commissioners will be held on August 20, 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,
l� — Digitally am ed the y author e
Ranslehisdom
�—J��j/t� Fuson:lam the author of thisdocument
Date:2014.07.10 15:19:01-06'00'
Chris Gathman
Planner
h N DEPARTMENT OF PLANNING SERVICES
i fi 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
/
May 22, 2014
MORAN TRISHA
32660 VISTA LAKE RD
GREELEY, CO 80631
Subject: COZ14-0004 - Change of Zone from the R-1 (Residential) Zone District to the C-3
(Commercial)Zone District.
On parcel(s)of land described as:
LOT 2 SW4SW4 SECTION 9, 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:
Greeley at Phone Number 970-350-9741
Garden City at Phone Number 970-351-0041
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 signed by Khisi of Ranslem
sdoc
• �"�j/� f�ason:lam the author of thisdocument
U- - Date:2014.05.22 10:47:05-06'00'
Chris Gathman
Planner
FIELD CHECK inspection dates: 7/1/2014
APPLICANT: Trisha & William Moran
CASE #: COZ14-0004
REQUEST: Change of Zone from the R-1 (Low-Density Residential) Zone District to the C-3
(Commercial)Zone District.
LEGAL: Lot 2, Union Colony Subdivision; located in the SW4SW4 of Section 9, Township 5 North
Range 65 West of the 6th PM, Weld County, Colorado
LOCATION: South of and adjacent to East 18`h Street and approximately 625 feet east of 1st Avenue.
PARCEL ID #s: 096109300084
ACRES: +/-4.84 acres
Zoning Land Use
N C-3 Commercial N Commercial Uses
E R-ln Residential E Vacant Parcel
S City of Greeley S Residential Subdivision
W C-3 Commercial/City of W Commercial/Industrial Uses
Greeley
COMMENTS:
Existing residence, outbuilding and storage area on property.
Chris Gathman - Planner Ill
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