HomeMy WebLinkAbout20090304.tiffBEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Robert Grand, 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:
APPLICANT:
PLANNER:
REQUEST:
LEGAL DESCRIPTION:
LOCATION:
CZ -1149
Charles & Alice Greenman
Jacqueline Hatch
Change of Zone from C-1 (Commercial) and E (Estate) Zone District to A
(Agricultural) Zone District.
Part of the SW4 NW4 of Section 30, T3N, R68W of the 6th P.M., Weld County,
Colorado.
Approximately 1/2 mile South of State Highway 66 and East of and adjacent to
CR 1.
be recommended favorably to the Board of County Commissioners for the following reasons:
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 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
2009-0304
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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.
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)
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)
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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)
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.
Motion seconded by Mark Lawley.
VOTE:
For Passage
Robert Grand
Tom Holton
Doug Ochsner
Against Passage Absent
Bill Hall
Erich Ehrlich
Roy Spitzer
Paul Branham
Mark Lawley
Nick Berryman
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.
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 January 20, 2009.
Dated the 20 of January, 2009.
S
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Kristine Ranslem
Secretary
-RO -; ?
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
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Tuesday, January 20, 2009
A regular meeting of the Weld County Planning Commission was held in the Southwest Weld County
Conference Room, 4209 CR 24.5, Longmont, Colorado. The meeting was called to order by Chair, Doug
Ochsner, at 1:30 p.m.
ROLL CALL ABSENT
Doug Ochsner - Chair
Tom Holton - Vice Chair
Nick Berryman
Paul Branham
Robert Grand
Erich Ehrlich
Bill Hall
Mark Lawley
Roy Spitzer
Also Present: Jacqueline Hatch, Michelle Martin, Department of Planning Services; Don Dunker, Don Carroll,
Department of Public Works; Lauren Light, Department of Health; Bruce Barker, County Attorney, and Kris
Ranslem, Secretary.
Robert Grand moved to approve the January 6, 2009 Weld County Planning Commission minutes, seconded
by Tom Holton. Motion carried.
The Chair read the first case on consent into the record.
CASE NUMBER:
APPLICANT:
PLANNER:
REQUEST:
LEGAL DESCRIPTION:
LOCATION:
CZ -1149
Charles & Alice Greenman
Jacqueline Hatch
Change of Zone from C-1 (Commercial) and E (Estate) Zone District to A
(Agricultural) Zone District.
Part of the SW4 NW4 of Section 30, T3N, R68W of the 6th P.M., Weld County,
Colorado.
Approximately'/ mile South of State Highway 66 and East of and adjacent to
CR 1.
EXHIBIT
i
(1,2-O IAN
The Chair asked Ms. Hatch if she wishes for this case to remain on consent. Ms. Hatch replied yes.
The Chair asked if the applicant was here and if they wish for this case to remain on consent. The
applicant indicated yes.
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 if there were any Commissioners who wish to pull this case from the consent agenda to be
heard. No one wished to speak.
CASE NUMBER:
APPLICANT:
PLANNER:
REQUEST:
LEGAL DESCRIPTION:
LOCATION:
USR-1681
Charles & Alice Greenman
Jacqueline Hatch
A Site Specific Development Plan and Use by Special Review Permit for a Home
Business (antique business with warehouse for antique furniture and personal
storage) in the C-1 (Commercial) and E (Estate) Zone District.
Part of the SW4 NW4 of Section 30, T3N, R68W of the 6th P.M., Weld County,
Colorado.
Approximately 'A mile South of State Highway 66 and East of and adjacent to
CR 1.
The Chair asked Ms. Hatch if she wishes for this case to remain on consent. Ms. Hatch replied yes.
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