HomeMy WebLinkAbout20151959.tiff RESOLUTION
RE: GRANT CHANGE OF ZONE, COZ14-0007, FROM THE C-3 (BUSINESS
COMMERCIAL) ZONE DISTRICT TO THE I-1 (INDUSTRIAL) ZONE DISTRICT -
MERLE LUTHER AND LUTHER RENTALS 1510, LLC, C/O ENERGES SERVICES, 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 8th day of July, 2015, at 10:00 a.m., in the
Chambers of the Board for the purpose of hearing the application of Merle Luther and Luther
Rentals 1510, LLC, 1829 15th Street, Greeley, CO 80631, do Energes Services, LLC, 33247
U.S. Highway 85, Lucerne, CO 80636, requesting a Change of Zone from the C-3 (Business
Commercial) Zone District to the I-1 (Industrial) Zone District for a parcel of land located on the
following described real estate, to-wit:
Part of lots 1, 2 and 5 in the SW1/4 SW1/4 of
Section 10, Township 5 North, Range 65 West of the
6th P.M., Weld County, Colorado
WHEREAS, the applicant was present and represented by Todd Hodges, 2412 Denby
Court, Ft. Collins, CO 80526, 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 Code.
1) Section 22-2-80.A (I.Goal1) states: "Promote the location of
industrial uses within municipalities, County Urban Growth
Boundary areas, Intergovernmental Agreement urban growth
areas, growth management areas as defined in municipalities'
comprehensive plans, the Regional Urbanization Areas, Urban
Development Nodes, along railroad infrastructure or where
adequate services are currently available or reasonably
obtainable."The proposed Change of Zone site is located adjacent
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CHANGE OF ZONE (COZ14-0007) - MERLE LUTHER AND LUTHER RENTALS 1510, LLC,
C/O ENERGES SERVICES, LLC
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to U.S. Highway 34 and is located within the urban growth boundary
for the City of Greeley.
2) Section 22-2-80.F (I.Goal.6) states: "Minimize the incompatibilities
that occur between industrial uses and surrounding properties."
I-1 (Industrial) Zone District requirements require parking and
loading areas to be screened from adjacent properties and
rights-of-way.
3) Section 22-2-80.F.2 (I.Policy 6.2) states: "Support the use of visual
and sound barrier landscaping to screen open storage areas from
residential uses or public roads." I-1 (Industrial) Zone District
requirements require parking and loading areas to be screened
from adjacent properties and rights-of-way. Additionally, the
I-1 (Industrial) Zone District, under Section 23-3-310.B.1, states:
"Any use of a research, repairing, manufacturing, fabricating,
processing, assembling or storage nature may be conducted in the
1-1 Zone District. Screening may be required if USE is not
compatible with adjacent uses."
B. Section 23-2-40.B.2 - The uses which will be allowed on the subject
property by granting the Change of Zone will be compatible with the
surrounding land uses. Any proposed Use in the I-1 (Industrial) Zone
District will require either a Site Plan Review (if a Use by Right) or a Use
by Special Review Permit. I-1 (Industrial) is the strictest industrial zoning
classification and requires screening of parking and loading areas and
screening of the use if it is determined to not be compatible with the
Additionally, Section 23-3-310.A states: "The purpose of
surrounding area. y, p p
the 1-1 Zone District is to provide a zone to accommodate industrial USES
which create minimal negative visual impacts." Given the proximity to
single family zoning and residences to the south and west, Planning staff
is recommending a note be placed on the plat that screening from the
adjacent properties may be required. Currently, Planning staff is
recommending that screening be required as a Condition of Approval for
the USR application (USR15-0014) for the oil and gas support business
being processed in conjunction with this Change of Zone.
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. Water is provided by the City of Greeley (meter 09216215) and
there is an existing septic system on the property (SP-1400350).
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 Colorado Department of Transportation (CDOT), in the
referral dated March 26, 2015, has reviewed the Oil and Gas Support and
Service USR (USR15-0014) being applied for in conjunction with this
Change of Zone. CDOT has indicated they want a Temporary Access
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Permit for this proposed facility. CDOT has indicated that should the current
three (3) year lease for this facility be extended or reassigned, a new
Access Permit will be required. CDOT reserves the right to re-evaluate
accesses should an accident history develop.
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 a Flood
Hazard Overlay or a Geological Hazard Overlay District. The
property is located within the Greeley-Weld Airport Overlay District.
No referral response has been received from the Greeley-Weld
Airport Overlay District regarding this request.
2) Section 23-2-40.B.5.b. — The existing zoning classification allows
commercial businesses and uses on the property. The properties
are covered with existing buildings and improvements. The
proposed rezone to I-1 (Industrial) will not make it any harder to
extract minerals than under the existing C-3 (Business Commercial)
zoning classification.
3) Section 23-2-40.B.5.c. — The property is covered by existing
buildings and structures.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Merle Luther and Luther Rentals 1510, LLC, do Energes
Services, LLC, for a Change of Zone from the from the C-3 (Business Commercial) Zone District
to the I-1 (Industrial) 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. Septic Permit, SP-1400350, shall receive final approval from
Environmental Health Services.
The Colorado Department of Transportation (CDOT) has jurisdiction over
C. p p J
all accesses to the state highways. The applicant shall contact CDOT to
verify the Access Permit or for any additional requirement that may be
needed to obtain or upgrade the permit.
2. The plat shall be amended to delineate the following:
A. All pages of the plat shall be labeled COZ14-0007.
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B. The plat shall adhere to Section 23-2-50.C and D. of the Weld County
Code.
C. All recorded easements shall be shown and dimensioned on the Change
of Zone plat.
D. The edge of future right-of-way (75-feet from the centerline of Highway 34)
shall be indicated on the plat.
3. The following notes shall be delineated on the Change of Zone plat:
A. The Change of Zone allows for I-1 (Industrial) uses which shall comply with
the I-1 (Industrial) Zone District requirements, as set forth in Chapter 23,
Article III, Division 5 of the Weld County Code.
B. The operation shall comply with all applicable rules and regulations of the
state and federal agencies and the Weld County Code.
C. Any future structures or uses on the site must obtain the appropriate zoning
and building permits.
D. Water service is obtained from the City of Greeley.
E. The parcels are not served by a municipal sanitary sewer system.
Sewage disposal shall be by septic systems designed in accordance with
the regulations of the Colorado Department of Public Health and
Environment, Water Quality Control Division, and the Weld County Code
in effect at the time of construction, repair, replacement, or modification of
the system.
F. Language for the preservation and/or protection of the absorption field shall
be placed on the plat. The note shall state: "Activity or use on the surface
of the ground over any part of the OWTS must be restricted to that which
shall allow the system to function as designed and which shall not
contribute to compaction of the soil or to structural loading detrimental to
the structural integrity or capability of the component to function as
designed."
G. During development of the site, all land disturbances shall be conducted so
that nuisance conditions are not created. If dust emissions create nuisance
conditions, at the request of the Weld County Department of Public Health
and Environment, a Fugitive Dust Control Plan must be submitted.
H. If land development exceeds six (6) months in duration, the responsible
party shall prepare a Fugitive Dust Control Plan, submit an Air Pollution
Emissions Notice, and apply for a Permit from the Colorado Department of
Public Health and Environment.
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I. A Stormwater Discharge Permit may be required for a development/
redevelopment/construction site where a contiguous or non-contiguous
land disturbance is greater than, or equal to, one acre in area. The
applicant shall contact the Water Quality Control Division of the Colorado
Department of Public Health and Environment at:
www.cdphe.state.co.us/wq/PermitsUnit for more information.
J. Should noxious weeds exist on the property, or become established as a
result of the proposed development, the applicant/landowner shall be
responsible for controlling the noxious weeds, pursuant to Chapter 15,
Articles I and II, of the Weld County Code.
K. The historical flow patterns and runoff amounts will be maintained on the
site.
L. 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.
M. 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, 2014 National
Electrical Code and Chapter 29 of the Weld County Code.
N. Building Permits issued on the proposed lots will be required to adhere to
the fee structure of the County-Wide Road Impact Fee, and the County
Facility Fee and Drainage Impact Fee.
O. Screening and/or buffering from adjacent uses may be required at the time
of Site Plan Review and/or Use by Special Review Permit. Any screening
and/or buffering should be consistent and appropriate for the neighborhood
or surrounding area.
P. 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.
Q. 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.
4. Upon completion of Conditions of Approval #1-3 above, the applicant shall submit
an electronic version (.pdf), or one (1) paper copy, of the plat to the Weld County
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Department of Planning Services for preliminary approval. The plat shall be
prepared in accordance with the requirements of Section 23-2-260.D of the Weld
County Code. 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 and additional requirements shall be submitted within one hundred twenty
(120) days from the date of the Board of County Commissioners Resolution. The
Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder
by the Department of Planning Services. The applicant shall be responsible for
paying the recording fee.
5. The Department of Planning Services respectfully requests a digital copy of this
Use by Special Review, as appropriate. Acceptable CAD formats are .dwg, .dxf,
and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles or ArcGIS
Personal GeoDataBase (MDB). The preferred format for Images is .tif (Group 4).
(Group 6 is not acceptable). This digital file may be sent to mapsco.weld.co.us.
6. 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 8th day of July, A.D., 2015.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLO DO
ATTEST: ��,,��,,// .� �✓L (
j� ��C � •8arbara Kirkmeyer, Ch it /
Weld County Clerk to the Board ,� Q
' , Mike Freeman, Pro-Tern
B `` / i� P �r
e ty Clerk to the oar.��`,E Ls\•can P. Conway
APPROVED AS TO FORM: ti4.40441 `- , - C(,LG>
OCTIP
'VW' ie A. Cozad
arr 1% 1.7!' ?
County Attorneyj , N.
'`,.■.►0. Steve Moreno
Date of signature: �4
2015-1959
PL2357
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