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LAND USE APPLICATION
SUMMARY SHEET
C. Gathman
COZ17-0014
Hill Petroleum - CIO Bryant Gimlin
577 E. 8th Street, Greeley, CO 80631
Hearing Date: May 16, 2017
Change of Zone from the 1-3 (Industrial) Zone District to the C-3 (Business
Commercial) Zone District
Lot B Recorded Exemption RE -158,; Being part of NE4SW4 of Section 4, T5N,
R65W of the 6th P.M., Weld County, CO
North of and adjacent to State Highway 263 (8th Street) and approximately 300
feet west of County Road 51.
Acres: +1- 1.59 acres Parcel #. 096104301024
POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS
The Department of Planning Services' staff has received responses from the following agencies:
With Comment:
l Weld County Department of Planning - Engineer, referral dated April 4, 2017
Weld County Department of Public Health and Environment, referral dated April 3, 2017
Weld County Department of Public Works, referral dated March 23, 2017
Weld County Department of Planning Services - Floodplain, referral dated March 6, 2017
Colorado Department of Transportation, referral dated March 29, 2017
Without Comment:
Town of Garden City, referral dated March 21, 2017
Weld County Zoning Compliance, referral dated March 7, 2017
Colorado Parks and Wildlife, referral dated March 14, 2017
Weld County Sheriff's Office, referral dated March 29, 2017
The Department of Planning Services' staff has not received responses from:
City of Evans
Weld County Department of Building Inspection
City of Greeley
Western Hills Fire Protection District
School District RE -6
North Weld County Water District
COZ 17-0004 HILL PETROLEUM
1
)0 Greeley Soil Conservation District
Greeley -Weld Airport Overlay
C0Z 17-0004 - HILL PETROLEUM 2
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ADMINISTRATIVE RECOMMENDATION
CHANGE OF ZONE
C. Gathman
COZ17-0004
Hill Petroleum - O/O Bryant Gimlin
577 E. 8th Street, Greeley, CO 80631
Change of Zone from the 1-3 (Industrial) Zone District to the C-3 (Business
Commercial) Zone District
Lot B Recorded Exemption RE -158,; Being part of NE4SW4 of Section 4, T5N,
R65W of the 6th P.M., Weld County, CO
North of and adjacent to State Highway 263 (8th Street) and approximately 300
feet west of County Road 51.
+1- 1.59 acres Parcel #. 096104301024
Hearing Date: May 16, 2017
CASE SUMMARY: The applicants are proposing to change the zoning of their existing property
(577 8th Street) from 1-3 (Industrial) to C-3 (Business Commercial). This property is utilized for
retail and wholesale sales of fuel to general public and the agricultural community. Additionally
this property shares a common access point and is immediately adjacent to property that Hill
Petroleum owns at 555 8th Street that is currently zoned O-3 (Business Commercial). Both
properties function as a single site. The applicants are proposing to rezone the property because
the uses fall under the commercial use category and to provide consistency with the existing
zoning on their adjacent property.
The applicants have applied for a Site Plan Review (SPR16-0010) on the adjacent property (555
8th Street) for a proposed building. This change of zone, if approved, will allow the site plan
review (SPR16-0010) to be amended to cover both parcels.
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.
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.,,
COZ 17-0004 - HILL PETROLEUM
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 - 8th 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:
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.
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:
COZ 17-0004 - HILL PETROLEUM
4
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 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 - Floadplain)
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 District. (Department of
Public Health and Environment)
E. Sewage disposal may be obtained from the City of Greeley. (Department of Public Health
and Environment)
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-1541' E 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
COZI7-0004 - HILL PETROLEUM
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)
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)
L. 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.
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
I
COZ 17-0004 - HILL PETROLEUM
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.
COZ 17-0004 - HILL PETROLEUM
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.
COZ 17-0004 - HILL PETROLEUM
April 21, 2017
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
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
TAYLOR MARK
3610 35TH AVE UNIT #6
EVANS CO
Subject: COZ17-0004 - Change of Zone from 1-3 (Industrial) to C-3 (Business Commercial) Zone
District.
On parcel(s) of land described as:
PART LOT 3 & LOT 4 NE4SW4 SECTION 4, T5N, R65W LOT B REC EXEMPT RE -158 OF THE 6TH
P.M., WELD COUNTY, COLORADO.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on May 16, 2017, at 12:30 p.m.
A subsequent hearing with the Board of County Commissioners will be held on June 14, 2017 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.orq
If you have any questions concerning this matter, please call.
Respectfully,
Chris Gathman
Planner III
March 07, 2017
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
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
TAYLOR MARK
3610 35TH AVENUE UNIT #6
EVANS, CO
Subject: COZ17-0004 - Change of Zone from 1-3 (Industrial) to C-3 (Business Commercial).
On parcel(s) of land described as:
PART LOT 3 & 4 NE4SW4 SETION 4, T5N, R65W LOT B REC EXEMPT RE -158 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 Departments for their review and comments:
Greeley at Phone Number 970-350-9780
Garden City at Phone Number 970-351-0041
Evans at Phone Number 970-475-1170
It is recommended that you contact the listed Planning Departments for information regarding their
process and to answer any questions that might arise with respect to your application.
If you have any questions concerning this matter, please call.
Respectfully,
5
l
Chris Gathman
Planner
'1
FIELD CHECK inspection dates: 5/3/2017
APPLICANT: Hill Petroleum - CIO Bryant Gimlin
CASE #: COZ17-0004
REQUEST: Change of Zone from the 1-3 (Industrial) Zone District to the C-3 (Business Commercial)
Zone District Change of Zone from the 1-3 (Industrial) Zone District to the C-3 (Business
Commercial) Zone District.
LEGAL: Lot B Recorded Exemption RE -158,; Being part of NE4SW4 of Section 4, T5N, R65W of
the 6th P.M., Weld County, CO
LOCATION: Lot B Recorded Exemption RE -158,; Being part of NE4SW4 of Section 4, T5N, R65W of
the 6th P.M., Weld County, CO.
PARCEL ID #s: 096104301024
ACRES:
+/- 1.59 acres
Zoning
Land Use
N
A
N
SF residence on parcel
E
A
E
Farm equipment sales and maintenance business
S
A
S
Gravel Mining Operation
W
A
W
Petroleum sales Business
COMMENTS:
Existing retail/wholesale fuel sales located on site (555 and 577 8th Street).
Chris Gathman - Planner III
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