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HomeMy WebLinkAbout20153386.tiff AGENDA WELD COUNTY PLANNING COMMISSION MEETING Tuesday, October 20, 2015 ******************************************************************************** 9:00 a.m. - Public Meeting of the Weld County Planning Commission,Weld County Administration Building, Hearing Room, 1150 O Street, Greeley, Colorado. 1. PLEDGE OF ALLEGIANCE 2. ROLL CALL Nick Berryman Benjamin Hansford Joyce Smock Jordan Jemiola Bruce Sparrow Michael Wailes Terry Cross Bruce Johnson Gene Stille 3. APPROVAL OF MINUTES from the October 6, 2015 regular meeting. 4. HEARING ITEM - Specific time for public input has been set aside for discussion on the following item. Each Individual is allowed a three-minute period of time in which to address the Planning Commission on this topic: A. CASE NUMBER: COZ15-0001 APPLICANT: WELD 34 LLC, C/O ENVIROTECH SERVICES PLANNER: DIANA AUNGST REQUEST: CHANGE OF ZONE FROM THE A(AGRICULTURAL)ZONE DISTRICT TO THE 1-2 (INDUSTRIAL)ZONE DISTRICT LEGAL DESCRIPTION: LOT B REC EXEMPT RE-4866 BEING PART OF THE NW4 AND THE N2NW4 OF SECTION 18, 5N, R67W OF THE 6TH P.M., WELD COUNTY, COLORADO. LOCATION: SOUTH OF AND ADJACENT TO US HWY 34 AND EAST OF AND ADJACENT TO CR 13. 5. PUBLIC COMMENT 6. NEW BUSINESS • CprA 2015-3386 - l0 - l4 NOTE: In accordance with the Americans with Disability Act, if special accommodations are required in order for you to participate in this hearing, please contact the Department of Planning Services at(970) 353-6100, Extension 3540, prior to the day of the hearing. Sec. 23-2-30. - Duties of Planning Commission. A. The Planning Commission shall hold a hearing to consider the application for the Change of Zone. The public hearing may involve either the rezoning application alone or may include the review of concurrent applications under the County's regulations concerning uses by special review, overlay districts or subdivisions. The Planning Commission shall provide recommendations to the Board of County Commissioners concerning the disposition of the requested change. The Planning Commission shall recommend approval of the request for the Change of Zone only if it finds that the applicant has met the standards or conditions of this Subsection A and Section 23-2-50.The applicant has the burden of proof to show that the standards and conditions of this Subsection A and Section 23-2-50 are met. The applicant shall demonstrate: 1. That the proposal is consistent with Chapter 22 of this Code; if not, then that the zoning of the property under consideration is faulty, or that changing conditions in the area warrant a Change of Zone. 2. That the USES which would be allowed on the subject property by granting the Change of Zone will be compatible with the surrounding land USES. 3. That adequate water and sewer service can be made available to the site to serve the USES permitted within the proposed zone district. 4. That STREET or highway facilities providing access to the property are adequate in size to meet the requirements of the proposed zone district. In the event that the STREET or highway facilities are not properly sized and are planned to be properly sized in the future, in conformance with the Thoroughfare Plan or in conformance with the MASTER PLANS of affected municipalities,the applicant may either wait to secure the rezoning until the improvements are made by the appropriate unit of government or the applicant may express a willingness to upgrade the STREET or highway facilities at his or her own expense in order to expedite approval of the requested Change of Zone. In the latter event, it will be necessary for the applicant to either construct the necessary improvements before the building permits are issued, or submit suitable performance guarantees to the County to ensure construction of the required STREET or highway facility improvements. 5. That, in those instances where the following characteristics are applicable to the rezoning request, the applicant has demonstrated compliance with the applicable standards: a. 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. b. That the proposed rezoning will not permit the USE of any area known to contain a COMMERCIAL MINERAL DEPOSIT 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. c. 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 can be overcome and that the limitations will be addressed by the applicant and/or the applicant's successors or assigns prior to the DEVELOPMENT of the property. Hello