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LAND USE APPLICATION
SUMMARY SHEET
PLANNED UNIT DEVELOPMENT CHANGE OF ZONE
CASE NUMBER: PUDZ13-0002 HEARING DATE: October 1, 2013
APPLICANT: Ann Elizabeth Nash and Jonathon Scupin
do Matthew Crowther with Jorgensen Brownell & Pepin, P.C., Longmont, CO
ADDRESS: 13941 Elmore Road, Longmont, Colorado 80504
REQUEST:
LEGAL:
LOCATION:
ACRES:
Change of Zone from R-1 (Residential) Zone District to a one Lot PUD (Planned
Unit Development) with E — Estate Zone District uses
Lot 2 Block 2 Seemore Heights First Addition, being part of the NW4 of Section
30 Township 3 North, Range 68 West of the 6th P.M., Weld County, Colorado
West of and adjacent to Elmore road, South of State Highway 66
4.03 acres +/- PARCEL #: 1207-30-2-04-002
POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS
The Department of Planning Services' staff has received responses from the following agencies:
Without Comment:
• Town of Frederick referral dated July 2, 2013
• City of Longmont referral dated July 3, 2013
• Mountain View Fire Protection District, referral dated July 12, 2013
• Colorado Department of Transportation, referral dated July 30, 2013
With Comment:
• Weld County Department of Public Works, referral dated July 19, 2013
• Weld County Department of Zoning Compliance, referral dated July 8, 2013
• Weld County Department of Public Health & Environment, referral dated July 18, 2013
• Weld County Department of Building Inspection, referral dated July 17,2013
The Department of Planning Services' staff has not received responses from
• Town of Mead
• Town of Firestone
• Boulder County Planning
• Long's Peak Water District
• Weld County Sheriff's Office
• St. Vrain School District RE -1J
• Colorado Department of Parks and Wildlife
PUDZ13-002 SCUPIN NASH, PAGE 1
WELD -COUNTY CHANGE OF ZONE
ADMINISTRATIVE RECOMMENDATION
CASE NUMBER: PUDZ13-0002
HEARING DATE: October 1, 2013
APPLICANT: Ann Elizabeth Nash and Jonathon Scupin
do Matthew Crowther with Jorgensen Brownell & Pepin, P.C., Longmont, CO
ADDRESS:
REQUEST:
13941 Elmore Road, Longmont, Colorado 80504
Change of Zone from R-1 (Residential) Zone District to a one Lot PUD (Planned
Unit Development) with E — Estate Zone District uses
LEGAL: Lot 2 Block 2 Seemore Heights First Addition, being part of the NW4 of Section
30 Township 3 North, Range 68 West of the 6th P.M., Weld County, Colorado
LOCATION: West of and adjacent to Elmore road, South of State Highway 66
ACRES:
4.03 acres+/- PARCEL #: 1207-30-2-04-002
THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE
DENIED FOR THE FOLLOWING REASONS:
1. The submitted materials are in compliance with the application requirements of Section 27-5-30
of the Weld County Code.
2. The submitted materials are not in compliance with Section 27-6-120 of the Weld County Code as
follows:
A. Section 27-6-120.B.2.a - The proposal is not consistent with any intergovernmental
agreement in effect influencing the PUD and Chapters 19 (Coordinated Planning
Agreements), Chapter 22 (Comprehensive Plan), Chapter 23 (Zoning), Chapter 24
(Subdivision) and Chapter 26 (Mixed Use Development) of the Weld County Code.
Section 22-2-120.C. R.Goal 3. states "Consider the compatibility with surrounding land
uses, natural site features, nearby municipalities' comprehensive plans and general
residential growth trends when evaluating new residential development proposals." The
applicants are requesting to rezone this property to PUD, Planned Unit Development with
Estate uses, to allow the applicant the opportunity to apply for a Special Use Permit
(USR) for the Colorado Reptile Humane Society Rescue. This request is to address an
active Zoning Violation (ZCV12-00040) due to the operation of an animal rescue
operation (thus exceeding the allowable number of Household Pets and a few Exotic
Animals) without first completing the necessary Weld County Zoning Permits.
All surrounding properties are zoned R-1 (Low Density Residential) within the Seemore
Heights subdivision and the size of the lot is 4.03 acres in size. Lots to the east are
zoned R-1 and A — Agriculture through the rezone of 2008. Rezoning the property to
PUDZ13-002 SCUPIN NASH, PAGE 2
allow for Estate Zone District uses would allow for additional uses that may not be
compatible with the Seemore Heights low density residential subdivision and surrounding
area. All residents of Seemore Heights would live with the impacts of a commercial
business with their development, however, they don't get the same benefits of having a
business on their property.
Section 22-2-90.E states "Neighborhood commercial development provides locations for
uses that supply conveniences, goods and services for residents of the immediate area."
The applicant is proposing to rezone one lot in the Seemore Heights subdivision. R-1
(Low Density) residential zoning does not list commercial businesses as an allowed use,
accessory or use by special review. The Estate Zone District would allow the opportunity
for commercial operation on this one lot within the existing historic subdivision.
Commercial businesses, facilities and operations are not an option in the R-1 Low
Density Residential Zone District.
Section 22-2-100.E. C.Goal 5. states "Minimize the incompatibilities that occur between
commercial uses and surrounding properties." Further, Section 22-2-100.E.1 C.Policy
5.1. states "Consider the compatibility with surrounding land uses and natural site
features." The property and surrounding area was zoned R-1 Residential in 1963.
The 1961 Zoning Ordinance in place at time of the land use application for Seemore
Heights stated zoning provides for divisions of business, residential and industrial uses
through the use well established legal principles; zoning makes possible the safeguarding
of residential areas — business areas are protected for development in logical areas. In
general, the public health, safety and welfare are promoted through zoning — property
values are protected since the uses which would lessen values are not allowed in areas
where conflict would occur.
Property owners wish to insure their own investments by having some knowledge of
future development trends. To facilitate this interest, zoning regulations were established
therein regulating the use of the land, setback, lot area, building setback and building
height, et cetera. To carry out the provisions of zoning, Weld County created and
established zone districts.
This application seeks to rezone the property to allow Estate zone district uses on the
property that will allow for additional uses that are not allowed under existing R-1 (Low
Density Residential) Zoning. Uses such as Class II Home Business, Service Buildings
and facilities, Parking and operation of one (1) commercial vehicle from the property, and
potential commercial business through a Special Use Permit (USR) application process,
would be allowed under E (Estate) zoning which could have potential adverse impacts on
neighboring properties. It is a possibility that property owners in Seemore Heights
subdivision purchased their properties with the knowledge that the existing zoning did not
allow these more intense proposed uses.
Should the Planning Commission recommend approval of this Change of Zone from R-1 (Residential)
Zone District to the PUD with Estate Zone District uses, the Department of Planning Services
recommends the following conditions of approval:
1. Prior to recording the Change of Zone plat:
A. The plat shall be amended to include the following:
All pages of the plat shall be labeled PUDZ13-0002. (Department of Planning
Services)
PUDZ13-002 SCUPIN NASH, PAGE 3
2. The applicant shall adhere to the plat requirements in preparation of the Change
of Zone plat per Section 23-2-690 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, Department of Public Works)
4. Show the approved access on the plat and label it with the approved access
permit number (AP12-00410). (Department of Public Works)
5. County Road 1.5 is designated on the Weld County Road Classification Plan as
a local paved road [Elmore Road], which requires 60 feet of right-of-way at full
build out. The applicant shall verify the existing right-of-way and the documents
creating the right-of-way and this information shall be noted on the plat. All
setbacks shall be measured from the edge of future right-of-way. This road is
maintained by Weld County. (Department of Public Works)
B. The Change of Zone is conditional upon the following and that each shall be placed on
the Change of Zone plat as notes prior to recording:
The PUD Change of Zone from R-1 (Low Density Residential) to PUD with
Estate Zone District uses as indicated in the application materials on file in the
Department of Planning Services and subject and governed by the Conditions of
Approval stated hereon and all applicable Weld County Regulations.
(Department of Planning Services)
2. The Bulk Standards Requirement as delineated in Section 23-3-160, Table 23.4,
for Estate Zone Districts. (Department of Planning Services)
3. Water service shall be obtained from the Longs Peak Water District. (Department
of Public Health and Environment)
4. This subdivision is in rural Weld County and is 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.
(Department of Public Health and Environment)
5. Language for the preservation and/or protection of the absorption field shall be
placed on the plat. The note shall state that activities such as permanent
landscaping, structures, dirt mounds or other items are expressly prohibited in
the absorption field site. (Department of Public Health and Environment)
6. "Weld County's Right to Farm" statement as provided in Appendix 22-E of the
Weld County Code shall be recognized at all times. (Department of Public Health
and Environment)
7. There is a Confined Animal Feeding Operation one-half mile to the east to this
development, USR-1257 Docheff Dairy — 1800 cows and 24 horses). Residents
should be made aware that there may be traffic, noise, flies and odors associated
with these activities. (Department of Planning Services)
8. All signs including entrance signs shall require building permits. Signs shall
adhere to the approved sign plan. (Department of Planning Services)
PUDZ13-002 SCUPIN NASH, PAGE 4
9. Sources of light shall be shielded so that light rays will not shine directly onto
adjacent properties where such would cause a nuisance or interfere with the use
on the adjacent properties in accordance with the plan. Neither the direct, nor
reflected, light from any light source may create a traffic hazard to operators of
motor vehicles on public or private streets. No colored lights may be used which
may be confused with, or construed as, traffic control devices. (Department of
Planning Services)
10. Installation of utilities shall comply with Section 24-9-10 of the Weld County Code
and requirements of the service providers. (Department of Planning Services)
11. Building and electrical permits may be required for any new construction,
alteration, or addition to any building on the property per Section 29-3-10 of the
Weld County Code. Currently the following codes cycles has been adopted by
Weld County: 2012 International Codes; 2006 International Energy Code; 2011
National Electrical Code. (Department of Building Inspection)
12. Building height shall be measured in accordance with the 2012 International
Building Code for the purpose of determining the maximum building size and
height for various uses and types of construction and to determine compliance
with the Bulk requirements from Chapter 23 of the Weld County Code. Building
height shall be measured in accordance with Chapter 23 of the Weld County
Code to determine compliance with offset and setback requirements. Offset and
setbacks are measured from the farthest projection from the building. Property
lines shall be clearly identified and all property pins shall be staked prior to the
first site inspection. (Department of Building Inspection)
13. The historical flow patterns and runoff amounts will be maintained on the site
(Department of Public Works)
14. 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. (Department of Public Works)
15. The property owner shall be responsible for compiling with the Performance
Standards of Chapter 27, Article II and Article VIII, of the Weld County Code.
(Department of Planning Services)
16. 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)
17. The site shall maintain compliance at all times with the requirements of the Weld
County Departments of Public Works, Public Health and the Environment, and
Planning Services, and adopted Weld County Code and Policies. (Department of
Planning Services)
18. Building Permits issued on the lot will be required to adhere to the fee structure
of the County -Wide Road Impact Fee Program. (Ordinance 2011-2)
19. Building Permits issued on the lot will be required to adhere to the fee structure
PUDZ13-002 SCUPIN NASH, PAGE 5
of the County Facility Fee and Drainage Impact Fee Programs. (Ordinance
2011-2)
20. The applicant shall comply with Section 27-8-50 Weld County Code, as follows:
Failure to submit a Planned Unit Development Final Plan - If a PUD Final Plan
application is not submitted within three (3) years of the date of the approval of
the PUD Zone District, the Board of County Commissioners shall require the
landowner to appear before it and present evidence substantiating that the PUD
project has not been abandoned and that the applicant possesses the willingness
and ability to continue with the submission of the PUD Final Plan. The Board
may extend the date for the submission of the PUD Final Plan application and
shall annually require the applicant to demonstrate that the PUD has not been
abandoned. If the Board determines that conditions or statements made
supporting the original approval of the PUD Zone District have changed or that
the landowner cannot implement the PUD Final Plan, the Board of County
Commissioners may, at a public hearing revoke the PUD Zone District and order
the recorded PUD Zone District reverted to the original Zone District.
(Department of Planning Services)
21. The PUD Final Plan shall comply with all regulations and requirements of
Chapter 27 of the Weld County Code. (Department of Planning Services)
2. The Change of Zone plat map shall be submitted to the Department of Planning Services' for
recording within sixty (60) 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).
(Department of Planning Services)
3. In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005, should the plat
not be recorded within the required sixty (60) days from the date the Board of County
Commissioners resolution a $50.00 recording continuance charge may be added for each
additional 3 month period. (Department of Planning Services)
4. At the time of Final Plan submission:
A. Easements shall be shown in accordance with County standards and/or Utility Board
recommendations, and dimensioned on the final plat. Easements shall follow rear and
side lot lines and shall have minimum total width of twenty (20) feet apportioned equally
on abutting properties. Where front line easements are required, a minimum of fifteen
(15) feet shall be allocated as a utility easement. (Department of Planning Services)
B. The applicant shall submit a digital file of all drawings associated with the Final Plan
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). (Department of Planning Services)
C. A Site Specific Development Plan and Special Use Permit (USR) for a Kennel land use
application and associated fee should be submitted for referral and processing by the
Department of Planning Services. (Department of Planning Services)
PUDZ13-002 SCUPIN NASH, PAGE 6
September 10, 2013
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.co.weld.co.us
E-MAIL: kogle@co.weld.co.us
PHONE: (970) 353-6100, Ext. 3549
FAX: (970) 304-6498
CROWTHER MATTHEW
7916 10TH STREET
GREELEY, CO 80631
Subject: PUDZ13-0002 - CHANGE OF ZONE REQUEST FROM THE R-1 (RESIDENTIAL) ZONE
DISTRICT TO A ONE LOT PUD (PLANNED UNIT DEVELOPMENT) WITH ESTATE ZONE DISTRICT
USES
On parcel(s) of land described as:
L2 BLK2 SEEMORE HEIGHTS 1ST ADDN; PART OF SECTION 30, T3N, R68W of the 6th P.M., Weld
County. Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on October 1, 2013, at 1:30
p.m. A subsequent hearing with the Board of County Commissioners will be held on October 30, 2013
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,
Digitally signed by Kristine Ranslem
Reason: I am the author of this document
Date: 2013.09.10 09:33:08 -06'00'
Kim Ogle
Planner
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.co.weld.co.us
E-MAIL: kogle@co.weld.co.us
PHONE: (970) 353-6100, Ext. 3549
FAX: (970) 304-6498
July 01, 2013
CROWTHER MATTHEW
916 10TH STREET
GREELEY, CO 80631
Subject: PUDZ13-0002 - CHANGE OF ZONE REQUEST FROM THE R-1 (RESIDENTIAL) ZONE
DISTRICT TO A ONE LOT PUD (PLANNED UNIT DEVELOPMENT) WITH ESTATE ZONE DISTRICT
USES
On parcel(s) of land described as:
L2 BLK2 SEEMORE HEIGHTS 1ST ADDN; PART OF SECTION 30, T3N, R68W 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 Commission(s) for their review and comments:
Firestone at Phone Number 303-833-3291
Frederick at Phone Number 720-382-5500
Mead at Phone Number 970-535-4477
Longmont at Phone Number 303-651-8601
Please call the listed Planning Commissions, for information regarding the date, time and place of the
meeting and the review process. It is recommended that you and/or a representative be in attendance at
each of the meetings described above in order to answer any questions that might arise with respect to
your application.
If you have any questions concerning this matter, please call.
Respectfully,
14 -
Kim Ogle
Planner
Digitally signed by Kristine Ranslem
Reason: I am the author of this document
Date: 2013.07.01 15:12:52 -06'00'
FIELD CHECK Inspection Date: 9.16.2013
CASE NUMBER:
PUDZ13-0002 HEARING DATE: October 1, 2013
APPLICANT: Ann Elizabeth Nash and Jonathon Scupin
do Matthew Crowther with Jorgensen Brownell & Pepin, P.C., Longmont, CO
ADDRESS: 13941 Elmore Road, Longmont, Colorado 80504
REQUEST:
LEGAL:
LOCATION:
ACRES
Change of Zone from R-1 (Residential) Zone District to a one Lot PUD (Planned
Unit Development) with E — Estate Zone District uses
Lot 2 Block 2 Seemore Heights First Addition, being part of the NW4 of Section
30 Township 3 North, Range 68 West of the 6th P.M., Weld County, Colorado
West of and adjacent to Elmore road, South of Hwy 66
4.03 acres, more or less
Zoning
Land Use
N
R-1 (Low Density Residential)
N
Single Family Residence with outbuildings
E
Agriculture
E
Single Family Residence with outbuildings
S
R-1 (Low Density Residential)
S
Single Family Residence with outbuildings
W
R-1 (Low Density Residential)
W
Single Family Residence with outbuildings
Comments
The property has an opaque fence fronting Elmore road. Gated accesses are sited at
the North and South property lines, each has a outbuilding at the end of the access
drive. The south access also serves the residence. The residence is a passive solar
design facing south. A garden oriented to the south fronts residence. There is a fenced
enclosure to the West of the house with pastureland farther to the west. The property is
completely fenced and has mature landscape treatment on built areas of property
Elmore Road is a paved road with utilities present. The mailbox for the residence
identifies the location as the Colorado Reptile. The subdivision is built out with single
family residences and outbuildings
SignatO re
❑ House(s)
Outbuilding(s)
❑ Site Distance
o Derelict Vehicle- north P/L vehicle w/o current tags
o Access to Property
Other Animals On -Site
Note any commercial business/commercial vehicles that are operating from the site.
Colorado Reptile - A Kennel for snakes and reptilian animals in the R-1 Low Density Zone District, Not an allowed
use
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