HomeMy WebLinkAbout20133026.tiffBEFORE THE WELD COUNTY, COLORADO, PLANNING COMM►SSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Benjamin Hansford, that the following resolution be introduced for passage by the Weld County
Planning Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER: PUDZ13-0002
APPLICANT: JONATHAN SCUPIN & ANN ELIZABETH NASH
PLANNER: KIM OGLE
REQUEST: CHANGE OF ZONE REQUEST FROM THE R-1 (RESIDENTIAL) ZONE DISTRICT
TO A ONE LOT PUD (PLANNED UNIT DEVELOPMENT) WITH ESTATE ZONE
DISTRICT USES
LEGAL DESCRIPTION: LOT 2 BLOCK 2 SEEMORE HEIGHTS 1ST ADDN; PART OF SECTION 30, T3N,
R68W OF THE 6TH P.M., WELD COUNTY, COLORADO.
LOCATION: SOUTH OF HIGHWAY 66; WEST OF AND ADJACENT TO ELMORE ROAD.
be recommended favorably to the Board of County Commissioners 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 in compliance with Section 27-6-120 of the Weld County Code as follows:
A. Sec. 27-2-70. Compatibility.
The density, design and location of land uses within and adjoining a PUD shall be designed
to be compatible with other uses within and adjoining the PUD. Compatible uses shall be
determined by evaluating the general uses, building height, setback, offset, size, density,
traffic, dust, noise, harmony, character, common open space, screening, health, safety and
welfare of the PUD in relation to surrounding uses.
This approval recommendation is based upon compliance with Chapter 27 requirements.
The Change of Zone from the R-1 (Residential) Zone District to a 1 -Lot PUD (Planned Unit Development) with
Estate Zone District Uses is conditional upon the following:
1. Prior to recording the Change of Zone plat:
A. The plat shall be amended to include the following:
1. All pages of the plat shall be labeled PUDZ13-0002. (Department of Planning
Services)
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)
RESOLUTION PUDZ13-0002
JONATHAN SCUPIN & ANN ELIZABETH NASH
PAGE 2
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:
1. 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)
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)
RESOLUTION PUDZ13-0002
JONATHAN SCUPIN & ANN ELIZABETH NASH
PAGE 3
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 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)
RESOLUTION PUDZ13-0002
JONATHAN SCUPIN & ANN ELIZABETH NASH
PAGE 4
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)
Motion seconded by Michael Wailes.
VOTE:
For Passage Against Passage
Benjamin Hansford
Bruce Sparrow
Jason Maxey
Jordan Jemiola
Joyce Smock
Mark Lawley
Michael Wailes
Nick Berryman
Absent
Bret Elliott
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioner's for further proceedings.
RESOLUTION PUDZ13-0002
JONATHAN SCUPIN & ANN ELIZABETH NASH
PAGE 5
CERTIFICATION OF COPY
I, Kristine Ranslem, Recording Secretary for the Weld County Planning Commission, do hereby certify that the
above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County,
Colorado, adopted on October 1, 2013.
Dated the 1st of October, 2013.
Digitally signed by Kristine
4341Q. Ranslem
Date: 2013.10.04 10:22:54 -06'00'
Kristine Ranslem
Secretary
PC rair)O-co 101'`!3
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, October 1, 2013
A regular meeting of the Weld County Planning Commission was held in the Weld County Administration
Building, Hearing Room, 1150 O Street, Greeley, Colorado. This meeting was called to order by Chair,
Mark Lawley, at 1:30 pm.
Roll Call.
Present: Benjamin Hansford, Bruce Sparrow, Jason Maxey, Jordan Jemiola, Joyce Smock, Mark Lawley,
Michael Wailes, Nick Berryman.
Absent/Excused: Bret Elliott
Also Present: Kim Ogle, Department of Planning Services; Don Carroll, Department of Public Works;
Lauren Light, Department of Health; Brad Yatabe, County Attorney, and Kris Ranslem, Secretary.
Motion: Approve the September 17, 2013 Weld County Planning Commission minutes, Moved by
Benjamin Hansford, Seconded by Joyce Smock. Motion passed unanimously.
CASE NUMBER: PUDZ13-0002
APPLICANT: JONATHAN SCUPIN & ANN ELIZABETH NASH
PLANNER: KIM OGLE
REQUEST: CHANGE OF ZONE REQUEST FROM THE R-1 (RESIDENTIAL) ZONE
DISTRICT TO A ONE LOT PUD (PLANNED UNIT DEVELOPMENT) WITH
ESTATE ZONE DISTRICT USES
LEGAL DESCRIPTION: LOT 2 BLOCK 2 SEEMORE HEIGHTS 1ST ADDN; PART OF SECTION 30,
T3N, R68W OF THE 6TH P.M., WELD COUNTY, COLORADO.
LOCATION: SOUTH OF HIGHWAY 66; WEST OF AND ADJACENT TO ELMORE ROAD.
Kim Ogle, Planning Services, presented Case PUDZ13-0002, reading the recommendation and
comments into the record. The Department of Planning Services recommends denial of this application.
Commissioner Maxey asked if a Class II Home Business is not allowed in this zone district. Mr. Ogle said
that it is allowed; however a kennel does not fit into the requirements for a Class II Home Business.
Don Carroll, Public Works, reported on the approved Access Permit, weed management, access and
drainage conditions and the requirements on site.
Lauren Light, Environmental Health, reviewed the criteria for the Change of Zone and stated that they
have no concerns at this stage in the process.
Mathew Crowther stated that he represents the applicants and added that they have operated the
Colorado Reptile Humane Society since 1999. They are requesting this change of zone as they are in
violation of operating this business in the current zoning district. He noted that they have talked to their
neighbors and are unaware of any negative issues. If this Change of Zone request is approved, then they
will work to get the Use by Special Review Permit for a kennel to continue operating their business.
Mr. Crowther provided an outline of how this request is in compliance within the Weld County Code.
In response to Commissioner Maxey's questions, Ann Elizabeth Nash explained briefly how they operate
their business. They are open by appointment only on Saturdays between noon and 5:00 p.m. They
have 2 volunteers that come to their home on Saturdays only. The process for adoption is to fill out an
application on-line and then after the screening process is complete an appointment is set up for the
individual to come to the site.
Commissioner Maxey noted the fencing surrounding the property and asked if there is any safety
concerns if the reptiles are able to go outside. Ms. Nash said that the fencing is for desert tortoises and a
boxed turtle habitat. The fence is buried 18 inches into the ground.
Commissioner Berryman asked why the applicant could not have a straight change of zone. Brad
Yatabe, County Attorney, said that it comes down to an issue of compatibility for the area as to the uses
of rezoning 1 lot in an entire area. Mr. Berryman asked if there is a mechanism for variances on animal
units and types of animal units within in a certain zoning designation as opposed to having to go through
a rezoning to accomplish that. Mr. Ogle said that a kennel is an allowed use only through a Use by
Special Review Permit in the agricultural zone district or the estate zone district. For the purpose of going
through a PUD you cannot do a straight change of zone within a subdivision. He added that the
applicants did investigate doing a PUD for all of the parcels in that area but they needed 100% approval
from the landowners within the PUD.
Mr. Crowther stated that he is not aware of any code section that would require 100% approval among all
homeowners within the subdivision before a rezoning of that entire subdivision would be allowed. He
added that there is no code section that would prohibit the individual lot owners from just doing a straight
change of zone. Mr. Yatabe said that an administrative call has been made by Planning and this is not
the forum to counter that call as that would go through an appeal process. He added that the case before
the Planning Commission is the Change of Zone for the PUD.
Commissioner Wailes asked the applicants if they have operated this business from this location since
1999. Ms. Nash said that they moved to this location in 2001. The Planning Commission asked the
applicant questions regarding the operation of their business. Ms. Nash answered questions regarding
what animals are kept on site, the adoption process, state licensing, et cetera.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
The Chair asked the applicant if they have read through the Conditions of Approval and if they are in
agreement with those. The applicant replied that they are in agreement.
Motion: Forward Case PUDZ13-0002 to the Board of County Commissioners along with the Conditions
of Approval with the Planning Commission's recommendation of approval, Moved by Benjamin Hansford,
Seconded by Michael Wailes.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 8).
Yes: Benjamin Hansford, Bruce Sparrow, Jason Maxey, Jordan Jemiola, Joyce Smock, Mark Lawley,
Michael Wailes, Nick Berryman.
Commissioner Berryman said that through the testimony of the applicant he believes this is a pretty low
impact use and feels that it is compatible with the area.
Commissioner Maxey agreed with Mr. Berryman's comments. He added that he is concerned with the
one (1) lot out of the entire subdivision that is being rezoned but believes that the proposed change of
zone presented today is very low impact and is compatible with this area.
Commissioner Lawley agreed with Mr. Berryman's comments as well.
The Chair asked the public if there were other items of business that they would like to discuss. No one
wished to speak.
The Chair asked the Planning Commission members if there was any new business to discuss. The
Planning Commission discussed what zoning districts allow a kennel and/or what animal units are
allowed as a use by right. Mr. Wailes commended Mr. Sparrow for his recent acceptance into the
Leadership Program of the Rockies.
Meeting adjourned at 2:37 pm.
Respectfully submitted,
Digitally signed by Kristine Ranslem
,nP.1r-f3'1.,. Date: 2013.10.03 11:50:36 -06'00'
Kristine Ranslem
Secretary
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