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Home My WebLink About20090305.tiffINVENTORY OF ITEMS FOR CONSIDERATION Applicant Charles and Alice Greenman Case Number CZ -1149 • N N N, N Submitted or Prepared Prior to Hearing At Hearing -PG-Reselatioa_ 1 Staff Comments X Department of Planning Services Field Check Form X Planning Commissioner Field Check Form Letter to Applicant X Affidavit of sign posting X 2 Legal Notifications X 3 Application X 4 Referral List X Referrals without comment X Weld County Zoning Compliance Officer, referral dated November 7, 2008 X Town of Mead, referral dated November 13, 2008 X Colorado Division of Wildlife, referral dated November 20, 2008 X Weld County Sheriff's Office, referral dated November 13, 2008 X Colorado Department of Transportation, referral dated November 11, 2008 X Longs Peak Water District, referral dated, November 12, 2008 X 5 Referrals with comments X City of Longmont, referral dated November 13, 2008 X Weld County Department of Planning Services, Landscape, referrals dated November 6, 2008 and November 7, 2008 X Weld County Department of Public Health and Environment, referral dated December 4, 2008 X Weld County Department of Public Works, referrals dated November 10, 2008 X Weld County Department of Building Inspection, referral dated November 24, 2008 X Mountain View Fire Protection District, referral dated November 18, 2008 X 6 Maps X 7 Deed/ Easement Certificate X 8 Surrounding Property / Mineral Owners X X 9 EXHIBIT Utilities A cZitoqq 2009-0305 • • • 10 Soil Survey X -11 PC Exl'4bite X I hereby certify that the twenty five items identified herein were submitted to the Department of Planning Services at or prior to the scheduled Board of County Commissioners hearing. `--- �i T queline Hatch-Drouillard Planner Ii`Pt starg • COLORADO • • LAND USE APPLICATION SUMMARY SHEET PLANNER: Jacqueline Hatch-Drouillard HEARING DATE: January 20, 2009 CASE NUMBER: CZ -1149 APPLICANT: Charles and Alice Greenman ADDRESS: 13518 County Road 1, Longmont CO 80504 REQUEST: Change of Zone from Commercial (C-1) and Estate (E) Zone District to Agricultural (A) Zone District. LEGAL: Part of SW4 NW4 of Section 30, T3N, R68W of the 6th P.M., Weld County, CO. LOCATION: East of and adjacent to County Road 1 and approximately 1/2 mile south of State Highway 66. ACRES: 2.8 +/- acres total PARCEL #: 1207 30 200076 POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS The Department of Planning Services' staff has received responses from the following agencies: Without comment: • Weld County Zoning Compliance Officer, referral dated November 7, 2008 Town of Mead, referral dated November 13, 2008 • Colorado Division of Wildlife, referral dated November 20, 2008 • Weld County Sheriffs Office, referral dated November 13, 2008 • Colorado Department of Transportation, referral dated November 11, 2008 • Longs Peak Water District, referral dated, November 12, 2008 With comment: • City of Longmont, referral dated November 13, 2008 • Weld County Department of Planning Services, Landscape, referrals dated November 6, 2008 and November 7, 2008 • Weld County Department of Public Health and Environment, referral dated December 4, 2008 • Weld County Department of Public Works, referrals dated November 10, 2008 • Weld County Department of Building Inspection, referral dated November 24, 2008 • Mountain View Fire Protection District, referral dated November 18, 2008 The Department of Planning Services' staff has not received responses from: Town of Firestone Boulder Valley / Longmont Soil Conservation District EXHIBIT CZ -1149 Greenman Page 1 • Mk • ADMINISTRATIVE RECOMMENDATION CHANGE OF ZONE PLANNER: Jacqueline Hatch-Drouillard HEARING DATE: January 20, 2009 CASE NUMBER: CZ -1149 APPLICANT: Charles and Alice Greenman ADDRESS: 13518 County Road 1, Longmont CO 80504 REQUEST: Change of Zone from Commercial (C-1) and Estate (E) Zone District to Agricultural (A) Zone District. LEGAL: Part of SW4 NW4 of Section 30, T3N, R68W of the 6th P.M., Weld County, CO. LOCATION: East of and adjacent to County Road 1 and approximately' IA mile south of State Highway 66. ACRES: 2.8 +/- acres total PARCEL #: 1207 30 200076 THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS: 1. The submitted materials are in compliance with the application requirements of Section 23-2-50 of the Weld County Code. 2. The submitted materials are in compliance with Section 23-2-30 of the Weld County Code, as follows: A. Section 23-2-30.A.1. - That the proposal is consistent with Chapter 22 of the Weld County. Section 22-2-60.D.A.Goal 4 states "conversion of agricultural land to nonurban residential, commercial and industrial uses will be accommodated when the subject site is in an area that can support such development. Such development shall attempt to be compatible with the region". This site was approved for a Change of Zone (CZ -1026) by the Board of County Commissioners on October 13, 2003 to change the zoning from Residential (R-1) to Commercial (C-1) and Estate (E) zone districts. On August 9, 2005 the property was approved for a Site Plan Review (SPR-384) for an antique business with warehouse for antique furniture and personal storage. The applicant is now requesting to change the zoning back to Agricultural (A) Zone District. The proposed change in zoning represents a down zoning from the Commercial and Estate zoning that may be characterized as CZ -1149 Greenman Page 2 more intense compared to the Agricultural Zone District. On September 10, 2008 twenty five properties also located within section 30 were approved for a Change of Zone from Residential (R-1) to Agricultural (A) under CZ -1146. The surrounding property to the south and north is zoned Agricultural (A). The property to the east is zoned Residential (R-1). The property to the west is in Boulder County and is currently utilized as residential and agricultural. The request to change the zoning back to Agricultural (A) would be compatible with the land uses in the region. B. Section 23-2-30.A.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 surrounding property to the south and north is zoned (A) Agricultural. The property to the east is zoned (R-1) Residential. The property to the west is in Boulder County and is currently utilized as residential and agricultural. The property is located within an Intergovernmental Agreement Area with the City of Longmont. The City of Longmont is located directly to the south east of the site. The City of Longmont stated in the Notice of Inquire that the City of Longmont does not request that the property owners submit an annexation request for the existing home based furniture restoration business. The City will comment on the substance of the application when they receive a referral from Weld County. At that time, at a minimum the City will again express concern about water quality and request that no new septic systems be installed. The City of Longmont in their referral dated November 13, 2008 state that the City of Longmont has plans for the enlargement of Union Reservoir. These plans include property within the rezoning boundary that may be inundated if the reservoir is enlarged. Also, the City requests that any new dwellings and/or businesses in this area be required to connect to a public sanitary sewer system and not be allowed to install septic systems. The property is also located with the three mile referral area for the Towns of Firestone and Mead. The Town of Firestone limits are located approximately 3 miles to the south east. The Town of Mead limits are located approximately 2'/ miles east of the site. The Town of Mead in their referral dated November 13, 2008 state that the site is outside the Mead Planning Area and that they have reviewed the request and find no conflicts with their interests. No comments were received from the Town of Firestone. C. Section 23-2-30.A.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 currently served by Longs Peak Water District (Tap 13518) and an individual sewage disposal system (G19939120). As a Development Standard prior to the release of building permits, the Lot owner shall verify with the nearest Town/City or Sanitation District to determine the location of the nearest sanitary sewer line. In accordance with the Weld County Code, if a sewer line exists within four hundred (400) feet of the property line and the sewer provider is willing to serve the proposed structure, a septic permit cannot be granted by the Weld County Department of Public Health and Environment. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. D. Section 23-2-30.A.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 in their referral dated November 11, 2008 state that they have reviewed the request and have no comment regarding the referral. The Department of Public Works in their referral dated November 10, 2008 state that County Road 1 is classified as an arterial road requiring 140 foot right-of-way (70 foot from centerline). All existing right-of-way including the documents creating them will be dedicated and delineated on the plat. CZ -1149 Greenman Page 3 E. Section 23-2-30.A.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 23-2-30.A.5.a. - The proposed Change of Zone does not lie within any overlay district other than the following. a. Effective January 1, 2003, Building Permits issued on the lot will be required to adhere to the fee structure of the Weld County Road Impact Program. (Ordinance 2002-11) (Department of Planning Services) b. Effective August 1, 2005, Building permits issued on the subject site will be required to adhere to the fee structure of the Capital Expansion Impact Fee and the Stormwater/Drainage Impact Fee. (Ordinance 2005- 8 Section 5-8-40) (Department of Planning Services) 2) Section 23-2-30.A.5.b. - The properties are too small to warrant mining of any gravel or sand that that may be beneath the surface. Research has shown that there are no mineral owners associated with the property. 3) Section 23-2-30.A.5.c. - Soil conditions on the site are not such that they present moderate or severe limitations to the construction of structures of facilities proposed for the site. This recommendation is based, in part, upon a review of the application materials submitted by the applicant, other relevant information regarding the request, and responses from referral entities. The applicant has met with staff to discuss the referrals received and the applicant has addressed the concerns and comments outlined in a letter dated December 16, 2008. The Change of Zone from Commercial (C-1) and Estate (E) Zone District to Agricultural (A) Zone District is conditional upon the following: 1. Prior to recording the plat: A. The applicant shall submit to the Department of Planning Services for recording the plat for USR-1681 with this CZ -1149 plat. (Department of Planning Services) B. The applicant shall submit in writing a letter requesting to vacate SPR-384 to the Department of Planning Services. (Department of Planning Services) 2. The plat shall be amended to delineate the following: A. All pages of the plat shall be labeled CZ -1149. (Department of Planning Services) B. The plat shall adhere to Section 23-2-50.C and D of the Weld County Code. (Department of Planning Services) C. The following notes shall be delineated on the Change of Zone plat: 1. The Change of Zone allows for Agricultural (A) Zone District uses as set forth in Article III Division 1 of the Weld County Code as amended. (Department of Planning Services) 2. The operation shall comply with all applicable rules and regulations of the State and Federal agencies and the Weld County Code. (Department of Planning Services) CZ -1149 Greenman Page 4 3. The site shall maintain compliance at all times with the Design Standards listed in Chapter 24, Article VII of the Weld County Code, if applicable. (Department of Planning Services) 4. Any future structures or uses on site must obtain the appropriate land use zoning and building permits. (Department of Planning Services) 5. 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. (Department of Building Inspection) 6. Each new building will require an engineered foundation based on a site -specific geotechnical report or an open hole inspection performed by a Colorado registered engineer. Engineered foundations shall be designed by a Colorado registered engineer. (Department of Building Inspection) 7. New buildings shall conform to the requirements of the various codes adopted at the time of permit application. (Department of Building Inspection) 8. Effective January 1, 2003, Building Permits issued on the lot will be required to adhere to the fee structure of the Weld County Road Impact Program. (Ordinance 2002-11) (Department of Planning Services) 9. Effective August 1, 2005, Building permits issued on the subject site will be required to adhere to the fee structure of the Capital Expansion Impact Fee and the Stormwater/Drainage Impact Fee. (Ordinance 2005-8 Section 5-8-40) (Department of Planning Services) 10. A Weld County Septic Permit is required for any septic system and shall be installed according to the Weld County Individual Sewage Disposal Regulations. (Department of Public Health and Environment) 11. Prior to the release of building permits, the Lot owner shall verify with the nearest Town/City or Sanitation District to determine the location of the nearest sanitary sewer line. In accordance with the Weld County Code, if a sewer line exists within four hundred (400) feet of the property line and the sewer provider is willing to serve the proposed structure, a septic permit cannot be granted by the Weld County Department of Public Health and Environment. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Public Health and Environment) 12. Water service shall be obtained from Longs Peak Water District. (Department of Public Health and Environment) 13. The property owner shall allow any mineral owner the right of ingress or egress for the purposes of exploration development, completion, recompletion, re-entry, production and maintenance operations associated with existing or future operations located on these lands. (Department of Planning Services) 14. Personnel from the Weld County Government 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 Development Standards stated herein and all applicable Weld County regulations. (Department of Planning Services) CZ -1149 Greenman Page 5 15. The historical flow patterns and run-off amounts will be maintained on site in such a manner that it will reasonably preserve the natural character of the area and prevent property damage of the type generally attributed to run-off rate and velocity increases, diversions, concentration and/or unplanned ponding of storm run-off. (Department of Public Works) 16. Pursuant to Chapter 15, Article I and II of the Weld County Code, if 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. (Department of Public Works) D. The applicant shall submit two (2) paper copies of the plat for preliminary approval to the Weld County Department of Planning Services. (Department of Planning Services) 3. Upon completion of 1. and 2. above 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 Department of Planning Services' Staff. The plat shall be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code. The Mylar plat and additional requirements shall be submitted within thirty (30) days from the date of the Board of County Commissioners resolution. The applicant shall be responsible for paying the recording fee. (Department of Planning Services) 4. The Change of Zone plat map shall be submitted to the Department of Planning Services' for recording within thirty (30) 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) 5. In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005, should the plat not be recorded within the required thirty (30) days from the date the Board of County Commissioners resolution a $50.00 recording continuance charge shall added for each additional 3 month period. CZ -1149 Greenman Page 6 • • ontrig Wi�Pc. COLORADO December 19, 2008 DEPARTMENT OF PLANNING SERVICES SOUTHWEST OFFICE 4209 CR 24.5 LONGMONT, CO 80504 PHONE: (720) 652-4210, Ext. 8730 FAX: (720) 652-4211 Charles & Alice Greenman 13518 CR 1 Longmont CO 80504 Subject: CZ -1149- Change of Zone from C-1 (Commercial) and E (Estate) Zone District to A (Agricultural) Zone District on a parcel of land described as Part of the SW4 NW4 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 January20, 2009, at 1:30 p.m. This meeting will take place in the Hearing Room, Southwest Weld Planning Department, 4209 CR 24.5, Longmont, Colorado. A subsequent hearing will be held on February 11, 2009 at 10:00 a.m., in the Chambers of the Board of County Commissioners, Weld County Centennial Center, 915 10`" Street, First Floor, 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 often 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 packets one week priorto the scheduled Planning Commission Hearing. If you have any questions concerning this matter, please call. Respectfull , Jac9 uel iTah Planner • WI�Yc • AMr COLORADO • • November 6, 2008 • DEPARTMENT OF PLANNING SERVICES SOUTHWEST OFFICE 4209 CR 24.5 LONGMONT, CO 80504 PHONE: (720) 652-4210, Ext. 8730 FAX: (720) 652-4211 Charles & Alice Greenman 13518 CR 1 Longmont CO 80504 Subject: CZ -1149 - Request for a Change of Zone from C-1 (Commercial) and E (Estate) Zone District to A (Agricultural) Zone District on a parcel of land described as Part of the SW4 NW4 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 being processed. I will schedule a meeting with you to discuss the referrals after we have been received them. Once the concerns and requirements of the referral agencies have been met or the applicant has show an attempt to meet their concerns and requirements, a Planning Commission Hearing will be scheduled. It is the policy of Weld County to refer an application to any town or municipality lying within three miles of the property or if the property 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 Firestone, Longmont, and Mead Planning Commission for their review and comments. Please call Firestone at 303-833-3291, Longmont at 303-651-8601, and Mead at 970-535-4477 for further details regarding the date, time, and place of this meeting. It is recommended that you and/or a representative be in attendance at the Firestone, Longmont, and Mead Planning Commission meeting to answer any questions the Commission members may have with respect to your application. If you have any questions concerning this application, please call. Respectfully, Jacqueline Hatch Planner • S PLANNING COMMISSIONERS' SIGN POSTING CERTIFICATE THE LAST DAY TO POST THE SIGN IS January 10, 2009 THE SIGN SHALL BE POSTED ADJACENT TO AND VISIBLE FROM A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY. IN THE EVENT THE PROPERTY BEING CONSIDERED FOR A SPECIAL REVIEW IS NOT ADJACENT TO A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY, THE DEPARTMENT OF PLANNING SERVICES SHALL POST ONE SIGN IN THE MOST PROMINENT PLACE ON THE PROPERTY AND POST A SECOND SIGN AT THE POINT AT WHICH THE DRIVEWAY (ACCESS DRIVE) INTERSECTS A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY. I, Jacqueline Hatch-Drouillard, HEREBY CERTIFY UNDER PENALTIES OF PERJURY THAT THE SIGN WAS POSTED ON THE PROPERTY AT LEAST TEN DAYS BEFORE THE PLANNING COMMISSIONERS HEARING FOR CZ -1149 IN THE C-1 (commercial) and E (estate) ZONE DISTRICT. Jacqueline Hatch-Drouillard Name of Person Posting Sign — Jacqueline Hatch-Drouillard STATE OF COLORADO ) ss. COUNTY OF WELD The foregoing instrument was subscribed and sworn to me this day of ALlc U\ 200$. WITNESS my hand and official seal. t SignaWreof Person Posting Sign 'AAAtOrA otary Publi, My Commission Expires 10.14.2011 My Commission Expires: BETIl WY • • a) 0 I. C 0 r O E 2 4- 0) C 0 0 • a r U E 0 4— C) C 0 0 i 1\ 1 • • FIELD CHECK Inspection Date: 10/28/08 APPLICANT: Charles and Alice Greenman CASE # : REQUEST: LEGAL: LOCATION: PARCEL ID #: ACRES: CZ -1149 Change of Zone from Commercial (C-1) and Estate (E) Zone District to A (Agricultural) Zone District. Part of SW4 NW4 of Section 30, T3N, R68W of the 61h P.M., Weld County, CO. Approximately 1/2 mile South of State Highway 66 and East of and adjacent to CR 1. 1207 30 200076 2.8 +/- acres Zoning Land Use N R-1 N Agricultural E R-1 E Agricultural S R-1 S Agricultural W Agricultural - Boulder County W Agricultural with large scale subdivision off to the west Comments: Single family home, accessory structures Access from CR 1 CR 1 is paved Antique business on site. ❑ House(s) o Outbuilding(s) ❑ Access to Property ❑ Crop Productions o Site Distance ❑ Mobile Home(s) ❑ Other Animals On -Site ❑ Water Bodies O Ditch o Derelict Vehicles o Non-commercial junkyard (list components) o Irrigation Sprinkler o Crops ❑ Wetlands o Oil & Gas Structures ❑ Wildlife o Utilities On -Site (transmission lines) o Topography Hello