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Home My WebLink About20170576.tiffBEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Terry Cross, 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 APPLICANT PLANNER. REQUEST LEGAL DESCRIPTION LOCATION COZ 16-0005 4 S s Holdings. LLC C/O TRENT TIMM CHRIS GATHMAN APPLICATION FOR A CHANGE OF ZONE FROM THE A (AGRICULTURAL) ZONE DISTRICT TO THE C-3 (BUSINESS COMMERCIAL) ZONE DISTRICT LOT 1 TO LOT 5 BLOCK 13 1ST ADD ZITA AND PART OF BLOCK 13 1s- ADD ZITA. ALL LOCATED IN PART OF SECTION 6 T6N, R64W OF THE 6TH P.M , WELD COUNTY. COLORADO. SOUTH OF AND ADJACENT TO CR 74 AND APPROXIMATELY 300 FEET WEST OF CR 51 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. Section 22-2-60 A. UC Goal 1 of the Weld County Code states: -Assure proper location and operation of compatible land uses by maintaining land use regulations within unincorporated communities." The property to be rezoned is located off an arterial road (County Road 74) and is located approximately 500 -feet east of an Electrical Contractor's Shop (approved under USR 13-0046) and is immediately across the street from an existing service station_ Section 22-2-100 C.Goal 1. of the Weld County Code states "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." The property is located within an unincorporated townsite (Galeton) and is served by public water and public sewer (it is served by North Weld Water District and Galeton Sewer). 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 property to be rezoned is located off an arterial road (County Road 74) and is located approximately 500 -feet east of an Electrical Contractor's Shop (approved under USR 13-0046) and is immediately across the street from an existing service station 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 public water (North Weld County Water) and public sewer (Town of Galeton Sewer). 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 property is located off an arterial road (County Road 74) and borders a 60 -foot platted road (Pacific Avenue) immediately to the east. RESOLUTION COZ16-0005 4 S'S HOLDINGS. LLC, C/O TRENT TIMM PAGE 2 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 any overlay district. 2) Section 23-2-30.A.5.b. — The proposed change of zone property is in a platted townsite and is covered by a building and existing improvements. Also, the size of the parcel (0.44 acres) is too small to be considered for mineral extraction. 3) Section 23-2-30.A.5 c — The property contains an existing building and improvements_ 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 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. Parcels 080106001008 and 080106001009 shall be combined by deed. (Department of Planning Services) C. The plat shall be amended to delineate the following' 1 All pages of the plat shall be labeled COZ16-0005 (Department of Planning Services) 2 The plat shall adhere to Section 23-2-50.C and D. of the Weld County Code. (Department of Planning Services) 3. All recorded easements shall be shall be shown and dimensioned on the Change of Zone plat. (Department of Planning Services) 4. Show and label the approved access(es) (AP16-00595). and the appropriate turning radii on the site plan. (Department of Public Works). (Department of Planning Services) 5 Pacific Avenue is a gravel road and is designated on the Weld County Road Classification Plan as a local road which requires 60 feet of right-of-way at full buildout. The applicant shall delineate on the site plan the existing right-of-way. All setbacks shall be measured from the edge of right-of- way. This road is maintained by Weld County (Department of Public Works) 6. County Road 74 is a paved road and is designated on the Weld County Road Classification Plan as an arterial road which requires 140 feet of right-of-way at full buildout. The applicant shall delineate on the site plan the future and existing right-of-way. All setbacks shall be measured from the edge of future right-of-way. This road is maintained by Weld County. (Department of Public Works) 7 The interior boundary line between parcel 080106001008 and 080106001009 shall be removed on the change of zone plat. (Department of Planning Services) 2. 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) RESOLUTION COZ16-0005 4 S'S HOLDINGS. LLC. O/O TRENT TIMM PAGE 3 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 may be obtained from North Weld County Water District. (Department of Public Health and Environment) E. Sewage disposal may be obtained from Galeton Water and Sanitation District. (Department of Public Health and Environment) F. The property owner shall control noxious weeds on the site. (Department of Public Works) G. The access on the site shall be maintained to mitigate any impacts to the public road including damages and/or offsite tracking. (Department of Public Works) H. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized. (Department of Public Works) I Building permits shall be obtained prior to the construction of any new building. A plan review is required for each building Plans shall bear the wet stamp of a Colorado registered architect or engineer Two complete sets of plans are required when applying for each permit (Department of Building Inspection) J. 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: 2012 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) K. Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County -Wide Road Fee Impact Program and the County Facility Fee and Drainage Impact Fee Programs. (Department of Planning Services) Necessary personnel from the Weld County Departments of Planning Services, Public Works, and Public Health and Environment shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Conditions of Approval and Development Standards stated herein and all applicable Weld County regulations (Department of Planning Services) M. The historical flow patterns and runoff amounts will be maintained on the site (Department of Planning Services -Engineer) N. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of the most abundant mineral resources, including, but not limited to, sand and gravel. oil, natural gas, and coal. Under title 34 of the Colorado Revised Statutes. minerals are vital resources because (a) the state's commercial mineral deposits are essential to the state's economy (b) the populous counties of the state face a critical shortage of such deposits: and (c) such deposits should be extracted according to a rational plan, calculated to avoid waste of such deposits and cause the least practicable disruption of the ecology and quality of life of the citizens of the populous counties of the state. Mineral resource locations are widespread throughout the County and person moving into these areas must recognize the various impacts associated with this development. Often times, mineral resource sites are fixed to their geographical and geophysical locations. Moreover, these resources are protected property rights and mineral owners should be afforded the opportunity to extract the mineral resource. RESOLUTION COZ16-0005 4 S'S HOLDINGS. LLC. C/O TRENT TIMM PAGE 4 O. RIGHT TO FARM STATEMENT: 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. 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. RESOLUTION COZ16-0005 4 S'S HOLDINGS, LLC, 0/O TRENT TIMM PAGE 5 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. Motion seconded by Joyce Smock. VOTE: For Passage Bruce Sparrow Cherilyn Barringer Jordan Jemiola Joyce Smock Michael Wailes Terry Cross Gene Stille Against Passage Absent Bruce Johnson Tom Cope 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 February 21, 2017. Dated the 21 of February, 2017 Kristine Ranslem Secretary 01,(1ts 11 - SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING Tuesday. February 21, 2017 A regular meeting of the Weld County Planning Commission was held in the Weld County Administration Building. Hearing Room. 1150 O Street, Greeley. Colorado. This meeting was called to order by Chair, Bruce Sparrow, at 12:30 pm. Roll Call. Present: Bruce Sparrow, Cherilyn Barringer, Gene Stille, Jordan Jemiola. Joyce Smock, Michael Wailes, Terry Cross Absent: Bruce Johnson and Tom Cope. Also Present Chris Gathman and Diana Aungst. Department of Planning Services: Hayley Balzano, Department of Planning Services — Engineering Division. Ben Frissell. Department of Health: Elizabeth Relford. Jim Flesher, and Evan Pinkham, Public Works. Bob Choate, County Attorney, and Kris Ranslem, Secretary. Motion: Approve the February 7, 2017 Weld County Planning Commission minutes, Moved by Joyce Smock. Seconded by Gene Stifle Motion passed unanimously. CASE NUMBER APPLICANT PLANNER REQUEST LEGAL DESCRIPTION LOCATION COZ16-0005 4 S -s Holdings. LLC CIO TRENT TIMM CHRIS GATHMAN APPLICATION FOR A CHANGE OF ZONE FROM THE A (AGRICULTURAL) ZONE DISTRICT TO THE C-3 (BUSINESS COMMERCIAL) ZONE DISTRICT LOT 1 TO LOT 5 BLOCK 13 1ST ADD ZITA AND PART OF BLOCK 13 1ST ADD ZITA, ALL LOCATED IN PART OF SECTION 6. T6N, R64W OF THE 6TH P.M., WELD COUNTY. COLORADO. SOUTH OF AND ADJACENT TO CR 74 AND APPROXIMATELY 300 FEET WEST OFCR51 Joyce Smock noted that she knows the parties involved: however she has not received any financial benefit. Gene Stille also noted that he was involved in the sale of the property but did not receive any financial benefit as well Chris Gathman, Planning Services, presented Case COZ16-0005, 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. Evan Pinkham, Public Works. reported on the existing traffic and access to the site. Hayley Balzano. Engineering. reported on the drainage conditions for the site. Ben Frissell, Environmental Health. reviewed the public water and sanitary sewer requirementson-site dust control, and the Waste Handling Plan. Trent Timm, 59970 CR 67, Grover. Colorado. stated that they do not intend to change anything on the property He added that they are proposing to provide maintenance of trailers inside the building Commissioner Cross asked the applicant what kind of trailers they will be working on Mr. Timm said the majority will be RVs and some small trailers such as stock trailers or flatbeds. The Chair asked if there was anyone in the audience who wished to speak for or against this application. No one wished to speak. The Chair asked the applicant if he has read through the Conditions of Approval and if they are in agreement with those The applicant replied that he is in agreement. EXHIBIT 1 Czz- t . -O 005 Motion: Forward Case COZ16-0005 to the Board of County Commissioners along with the Conditions of Approval with the Planning Commission's recommendation of approval. Moved by Terry Cross Seconded by Joyce Smock Vote: Motion carried by unanimous roll call vote (summary: Yes = 7). Yes: Bruce Sparrow, Cherilyn Barringer, Gene Stifle. Jordan Jemiola, Joyce Smock, Michael Wailes. Terry Cross Meeting adjourned at 3:54 pm. Respectfully submitted, Kristine Ranslem Secretary 2 Hello