HomeMy WebLinkAbout20171671.tiffEXHIBIT
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BEFORE THE WELD COUNTY. COLORADO, PLANNING COMMISSION
CD I l--aan4
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Joyce Smock, 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 17-0004
HILL INDUSTRIES LLC
CHRIS GATHMAN
CHANGE OF ZONE FROM THE 1-3 (INDUSTRIAL) ZONE DISTRICT TO THE C-3
(BUSINESS COMMERCIAL) ZONE DISTRICT
LOT B REC EXEMPT RE -158. PART OF LOT 3 & LOT 4 NE4SW4 SECTION 4.
T5N R65W OF THE 6TH P.M . WELD COUNTY, COLORADO
NORTH OF AND ADJACENT TO E 8TH STREET (HIGHWAY 263) AND
APPROXIMATELY 2.300 FEET EAST OF STATE HIGHWAY 85
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."
This property is bordered by commercial and industrial uses immediately to the east and west.
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 the urban growth boundary of the City of Greeley. The City of Greeley
borders the property to the east and south No referral comments have been received from the City of
Greeley in regards to this case
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 is adjacent to a filling station owned by the applicant (Hill Petroleum) to the west and an
agricultural machinery and support business (Kuhn Knight) is located to the east of the property
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 property is served by City of Greeley water and 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 accesses onto a State Highway (Highway 263 — 8"' Street). The Colorado Department of
Transportation, in their referral dated March 29. 2017. indicated that they had no comments in regards
to this request
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:
RESOLUTION COZ17-0004
HILL INDUSTRIES. LLC
PAGE 2
1) Section 23-2-30 A 5.a - The property is located within the 100 -year floodplain and the Greeley -
Weld Airport Overlay District. Notes and conditions of approval are attached per the March 6,
2017 referral response from the Weld County Floodplain Administrator. No referral response has
been received from the Greeley -Weld Airport Authority_
2) Section 23-2-30.A.5.b - The proposed change of zone property is covered by buildings and
existing improvements. Also, the size of the parcel (1.59 acres) is too small to be considered for
mineral extraction.
3) Section 23-2-30 A.5 c_ — The property contains existing buildings 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:
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 plat shall be amended to delineate the following.
1 All pages of the plat shall be labeled COZ17-0004. (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 the approved Colorado Department of Transportation (CDOT) access on the site plan and
label with the approved access permit number if applicable. (Department of Public Works)
5 Show the floodplain and floodway (if applicable) boundaries on the map. Label the floodplain
boundaries with the FEMA Flood Zone and FEMA Map Panel Number or appropriate study.
(Department of Planning Services - Floodplain)
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)
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 Distr4et
(Department of Public Health and Environment)
the City of Greeley
E Sewage disposal may be obtained from the City of Greeley. (Department of Public Health and
Environment)
RESOLUTION COZ17-0004
HILL INDUSTRIES. LLC
PAGE 3
F The property owner shall control noxious weeds on the site. (Department of Public Works)
G. A Flood Hazard Development Permit is required for all construction or development occurring in the
floodplain or floodway as delineated on Federal Emergency Management Agency (FEMA) FIRM
Community Panel Map #08123C -1541E effective date will be January 20, 2016 (Cache la Poudre
Floodplain). Any development shall comply with all applicable Weld County requirements. Colorado
Water Conservation Board requirements as described in Rules and Regulations for Regulatory
Floodplains in Colorado. and FEMA regulations and requirements as described in 44 CFR parts 59,
60. and 65. The FEMA definition of development is any man-made change to improved or
unimproved real estate. including but not limited to buildings or other structures. mining, dredging,
filling, grading. paving. excavation. drilling operations, or storage of equipment and materials.
(Department of Planning Services - Floodplain)
H. FEMA's floodplain boundaries may be updated at any time by FEMA. Prior to the start of any
development activities, the owner should contact Weld County to determine if the floodplain
boundaries have been modified. (Department of Planning Services - Floodplain)
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. This property is located within the Airport Overlay District for the Greeley -Weld Airport. any
construction/development within the PUD shall adhere to the requirements of the Airport Overlay
District (Article V, Division 1 — Weld County Code). (Department of Planning Services)
O. 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 COZ17-0004
HILL INDUSTRIES. LLC
PAGE 4
P 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 COZ17-0004
HILL INDUSTRIES. LLC
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 Cherilyn Barringer.
VOTE
For Passage
Bruce Johnson
Bruce Sparrow
Cherilyn Barringer
Jordan Jemiola
Joyce Smock
Terry Cross
Tom Cope
Gene Stifle
Against Passage Absent
Michael Wailes
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 May 16, 2017.
Dated the 16'" of May. 2017
45\6606/ P
Kristine Ranslem
Secretary
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday. May 16, 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 Johnson, Bruce Sparrow, Cherilyn Barringer, Gene Stille. Joyce Smock, Terry Cross. Tom
Cope.
Absent Michael Wailes and Jordan Jemiola
Also Present: Kim Ogle and Chris Gathman, Department of Planning Services: Hayley Balzano,
Department of Planning Services — Engineering Division: Lauren Light and Ben Frissell. Department of
Health, Janet Lundquist and Evan Pinkham. Public Works. Bob Choate. County Attorney. and Kris
Ranslem. Secretary.
Motion: Approve the May 2. 2017 Weld County Planning Commission minutes. Moved by Terry Cross,
Seconded by Tom Cope. Motion passed unanimously.
Jordan Jemiola entered the meeting at 12 33 pm
CASE NUMBER
APPLICANT
PLANNER
REQUEST
LEGAL DESCRIPTION
LOCATION
COZ17-0004
HILL INDUSTRIES. LLC
CHRIS GATHMAN
CHANGE OF ZONE FROM THE 1-3 (INDUSTRIAL) ZONE DISTRICT TO THE C-
3 (BUSINESS COMMERCIAL) ZONE DISTRICT
LOT B REC EXEMPT RE -158: PART OF LOT 3 & LOT 4 NE4SW4 SECTION 4,
T5N, R65W OF THE 6TH P M . WELD COUNTY, COLORADO
NORTH OF AND ADJACENT TO E 8TH STREET (HIGHWAY 263) AND
APPROXIMATELY 2.300 FEET EAST OF STATE HIGHWAY 85
Chris Gathman, Planning Services. presented Case COZ17-0004. 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
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
Lauren Light. Environmental Health, reviewed the public water and sanitary sewer requirements. on -site
dust control. and the Waste Handling Plan.
Bryant Gimlin. Hill Industries. 555 East 8th Street, Greeley. Colorado stated that throughout the years there
have been three different companies that have combined into one company. He added that there is a
property line that goes through a common use and they are trying to make the zoning consistent with both
sides of the property. Mr. Gimlin stated that water and sewer are provided by the City of Greeley.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
Ms. Light noted that the Plat Note Item 2.D should be amended to read "Water service may be obtained
from the City of Greeley" as the applicant stated they are received their water from Greeley. The Chair
asked if the Planning Commission agreed with the change. The Planning Commission had agreed to the
change.
The Chair asked the applicant if they have read through the Conditions of Approval and if they are in
agreement with those The applicant replied that they are in agreement.
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Motion: Forward Case COZ17-0004 to the Board of County Commissioners along with the Conditions of
Approval with the Planning Commission's recommendation of approval, Moved by Joyce Smock,
Seconded by Cherilyn Barringer.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 8).
Yes: Bruce Johnson, Bruce Sparrow, Cherilyn Barringer, Gene Stille, Jordan Jemiola, Joyce Smock, Terry
Cross, Tom Cope.
Meeting adjourned at 2:50 pm.
Respectfully submitted,
Kristine Ranslem
Secretary
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