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Home My WebLink About20171670.tiffRESOLUTION RE: GRANT CHANGE OF ZONE, COZ17-0004, FROM THE 1-3 (INDUSTRIAL) ZONE DISTRICT TO C-3 (BUSINESS COMMERCIAL) ZONE DISTRICT - HILL INDUSTRIES, LLC 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 14th day of June, 2017, at 10:00 a.m., in the Chambers of the Board for the purpose of hearing the application of Hill Industries, LLC, 577 E. 8th Street, Greeley, CO 80631, requesting a Change of Zone from the 1-3 (Industrial) 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 B of Recorded Exemption, RE -158; being part of Lots 3 and 4, NE1/4 SW1/4 of Section 4, Township 5 North, Range 65 West of the 6th P.M., Weld County, Colorado WHEREAS, the applicant, Bryant Gimlin, of Hill Industries, LLC was present, with representative Mark Taylor, of Alles, Taylor and Duke, LLC, 3610 35th Avenue, Unit #6, Evans, CO 80620, also being 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 - 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." This property is bordered by commercial and industrial uses immediately to the east and west. cc: PLCcCimm), pi.CH6), HLCuu), .Tg CTS), o PPL `2r/ 9 / 1 '7 2017-1670 PL0866 CHANGE OF ZONE (COZ17-0004) - HILL INDUSTRIES, LLC PAGE 2 2) Section 22-2-100.A (C.Goal 1) 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 23-2-40.6.2 - 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 23-2-40.6.3 - 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 the City of Greeley for sewer, and by the North Weld County Water District for water. 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 accesses onto a State Highway (Highway 263 aka 8th Street). The Colorado Department of Transportation (CDOT), in the referral dated March 29, 2017, indicated no comments in regards to this request. 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 23-2-40.6.5.a states: "If the proposed Change of Zone is located within any Overlay District identified by maps officially adopted by the COUNTY, that the applicant has demonstrated compliance with the COUNTY regulations concerning Overlay Districts. Compliance may be demonstrated in a previous public hearing or in the hearing concerning the rezoning application."The 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 County Airport Authority. 2017-1670 PL0866 CHANGE OF ZONE (COZ17-0004) - HILL INDUSTRIES, LLC PAGE 3 2) Section 23-2-40.B.5.b states: "That the proposed rezoning will not permit the USE of any area known to contain a COMMERCIAL MINERAL DEPOSIT as defined by state statutes in a manner which would interfere with the present or future extraction of such deposit by an extractor to any greater extent than under the present zoning of the property."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 23-2-40.B.5.c states: "If soil conditions on the site are such that they present moderate or severe limitations to the construction of STRUCTURES or facilities proposed for the site, that such limitations will be addressed by the applicant and/or the applicant's successors or assigns prior to DEVELOPMENT of the property." The property contains existing buildings and improvements. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application of Hill Industries, LLC, for a Change of Zone from the 1-3 Zone District to the C-3 (Business Commercial) 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. The plat shall be amended to delineate the following: 1) All pages of the plat shall be labeled COZ17-0004. 2) The plat shall adhere to Section 23-2-50.C and D of the Weld County Code. 3) All recorded easements shall be shown and dimensioned on the Change of Zone plat. 4) Show the approved Colorado Department of Transportation (CDOT) access and label with the approved Access Permit Number, if applicable. 5) Show the floodplain and floodway boundaries on the map, if applicable. Label the floodplain boundaries with the FEMA Flood Zone and FEMA Map Panel Number or appropriate study. 2017-1670 P L0866 CHANGE OF ZONE (COZ17-0004) - HILL INDUSTRIES, LLC PAGE 4 C. 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 Chapter 23, Article III, Division 3 of the Weld County Code. 2) The operation shall comply with all applicable rules and regulations of state and federal agencies and the Weld County Code. 3) Any future structures or uses on the site must obtain the appropriate Zoning and Building Permits. 4) Water service shall be obtained from the North Weld County Water District or the City of Greeley. 5) Sewage disposal is obtained from the City of Greeley. 6) 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. 7) 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 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. 8) 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. 9) 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. 2017-1670 PL0866 CHANGE OF ZONE (COZ17-0004) - HILL INDUSTRIES, LLC PAGE 5 Two (2) complete sets of plans are required when applying for each permit. 10) New buildings 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 Codes, 2006 International Energy Code, 2014 National Electrical Code, and Chapter 29 of the Weld County Code. 11) Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County -Wide Road, County Facility and Drainage Impact Fee Programs. 12) 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 stated herein and all applicable Weld County regulations. 13) The historical flow patterns and runoff amounts will be maintained on the site. 14) This property is located within the Airport Overlay District for the Greeley -Weld County Airport. Any construction/development shall adhere to the requirements of the Airport Overlay District as stated in Chapter 23, Article V, Division 1, of the Weld County Code. 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 persons moving into these areas must recognize the various impacts associated with this development. Oftentimes, 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. 2017-1670 PL0866 CHANGE OF ZONE (COZ17-0004) - HILL INDUSTRIES, LLC PAGE 6 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 Condition of Approval #1 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 the Department of Planning Services. 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); 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). 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. 2017-1670 PL0866 CHANGE OF ZONE (COZ17-0004) - HILL INDUSTRIES, LLC PAGE 7 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 14th day of June, A.D., 2017. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: di%;el EXCUSED Julie A. Cozad, Chair Weld County Clerk to the Board EXCUSED BY APP ounty Attorney Date of signature: -71 i o /17 Steve Moreno, Pro -Tern Sean P. Conway arbara Kirkmeye Acting C air Pro-Tem 2017-1670 PL0866 Hello