HomeMy WebLinkAbout20170575.tiffRESOLUTION
RE: GRANT CHANGE OF ZONE, COZ16-0005, FROM A (AGRICULTURAL) ZONE
DISTRICT TO THE C-3 (BUSINESS COMMERCIAL) ZONE DISTRICT - 4 S'S
HOLDINGS, LLC, C/O TRENT TIMM
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, a public hearing was held on the 8th day of March, 2017, at 10:00 a.m., in
the Chambers of the Board for the purpose of hearing the application of 4 S's Holdings, LLC,
59970 CR 67, Grover, CO 80729, c/o Trent Timm, 59970 CR 67, Grover, CO 80729, requesting
a Change of Zone from the A (Agricultural) Zone District to the C-3 (Business Commercial) Zone
District for a parcel of land located on the following described real estate, to -wit:
Lot 1 to Lot 5, Block 13 1st Addition ZITA; being part
of Section 6, Township 6 North, Range 64 West of
the 6th P.M., Weld County, Colorado
WHEREAS, the Board deemed it appropriate to continue the matter to March 15, 2017,
at 10:00 a.m., to allow the applicant adequate time to complete the official boundary survey for
their Change of Zone per Section 23-2-50 of the Weld County Code, and
WHEREAS, on March 15, 2017, the applicant was present, and
WHEREAS, Section 23-2-40 of the Weld County Code provides standards for review of
such a Change of Zone, and
WHEREAS, the Board of County Commissioners heard all the testimony and statements
of those present, studied the request of the applicant and the recommendation of the Weld County
Planning Commission and, having been fully informed, finds that this request shall be approved
for the following reasons:
1. The applicant has complied with all the application requirements listed in
Section 23-2-50 of the Weld County Code.
2. The request is in conformance with Section 23-2-40.B of the Weld County Code
as follows:
A. Section 23-2-40.B.1 - That the proposal is consistent with Chapter 22 of
the Weld County.
1) 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 USR13-0046)
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and is immediately across the street from an existing service
station.
2) Section 22-2-100.A (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 23-2-40.B.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 23-2-40.B.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 23-2-40.B.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.
E. Section 23-2-40.B.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 23-2-40.B.5.a — The property is not located within any
overlay district.
2) Section 23-2-40.B.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 23-2-40.B.5.c — The property contains an existing building
and improvements.
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NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of 4S's Holdings, LLC, c/o Trent Timm, for a Change of
Zone from the A (Agricultural) Zone District to the C-3 (Commercial Business) Zone District on
the above referenced parcel of land be, and hereby is, granted subject to the following conditions:
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.
B. Parcels 080106001008 and 080106001009 shall be combined by deed.
C. The plat shall be amended to delineate the following:
1) All pages of the plat shall be labeled COZ16-0005.
2) The plat shall adhere to Section 23-2-50.C and D of the Weld
County Code.
3) All recorded easements shall be shall be shown and dimensioned
on the Change of Zone plat.
4) Show and label the approved access(es) (AP16-00595), and the
appropriate turning radii on the site plan.
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.
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.
7) The interior boundary line between parcel 080106001008 and
080106001009 shall be removed on the Change of Zone plat.
D. The following notes shall be delineated on the Change of Zone plat:
1) 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.
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2) The operation shall comply with all applicable rules and regulations
of the state and federal agencies and the Weld County Code.
3) The existing 4,800 square foot building on site has been designated
as a Nonconforming Structure, under case no. NCU17-0003. This
building is subject to the requirements of Chapter 23, Article VII, of
the Weld County Code.
4) Any future structures or uses on -site must obtain the appropriate
zoning and building permits.
5) Water service may be obtained from North Weld County Water
District.
6) Sewage disposal may be obtained from Galeton Water and
Sanitation District.
7) The property owner or operator shall be responsible for controlling
noxious weeds on the site, pursuant to Chapter 15, Articles I and II,
of the Weld County Code.
8) The access on the site shall be maintained to mitigate any impacts
to the public road, including damages and/or off -site tracking.
9) There shall be no parking or staging of vehicles on public roads.
On -site parking shall be utilized.
10) 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.
11) Buildings, equipment and structures shall conform to the
requirements of the various codes adopted at the time of permit
application. Currently, the following have been adopted by Weld
County: 2012 International Building Code, 2012 International
Mechanical Code, 2012 International Plumbing Code, 2006
International Energy Code, 2012 International Fuel Gas Code, 2014
National Electrical Code, 2009 ANSI 117.1 Accessibility Code and
Chapter 29 of the Weld County Code.
12) Building permits issued on the property will be required to adhere
to the fee structure of the County -Wide Road Impact Fee, County
Facility Fee and Drainage Impact Fee Programs.
13) Necessary personnel from the Weld County Departments of
Planning Services, Public Works, and Public Health and
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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.
14) The historical flow patterns and runoff amounts will be maintained
on the site.
15) 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.
16) The Weld County Right to Farm Statement, as it appears in
Section 22-2-20.J.2 of the Weld County Code, shall be placed on
the map and recognized at all times.
2. 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.
3. 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);
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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).
4. In accordance with Weld County Code Ordinance #2012-3, approved April 30,
2012, should the plat not be recorded within the required one hundred twenty (120)
days from the date of the Board of County Commissioners Resolution, a $50.00
recording continuance charge shall added for each additional three (3) month
period.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 15th day of March, A.D., 2017.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLOR, PO
ATTEST:atAdAi
Weld County Clerk to the Board
BY
AP
Julie A. Cozad, Chair
Date of signature: 1aat t1
ounty Attorney j'�''. �=XCUSED
arbara Kirkmeyer
Steve Moreno, Pro -Tern
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