HomeMy WebLinkAbout20090360.tiffINVENTORY OF ITEMS FOR CONSIDERATION
Applicant Kristi Walker Case Number PZ-1151
Submitted or Prepared
Prior to At
Hearing Hearing
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-PG-Resolution-
Staff Comments
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Department of Planning Services Field Check Form
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Planning Commissioner Field Check Form
Letter to Applicant
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Affidavit of sign posting
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2
Legal Notifications
X
3
Application
X
4
Referral List
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Referrals without comment
X
Fort Lupton Fire Protection District, referral dated November 14, 2008
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Weld County Zoning Compliance Officer, referral dated November 7, 2008
X
City of Fort Lupton, referral dated December 5, 2008
X
Colorado Division of Wildlife, referral dated November 18, 2008
X
Platte Valley Soil Conservation District, referral dated November 13, 2008
X
Weld County Sheriff's Office, referral dated November 13, 2008
X
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Referrals with comments
X
Colorado Department of Transportation, referral dated December 3, 2008
X
State of Colorado Division of Water Resources, referral dated November
18, 2008
X
Weld County Department of Planning Services, Landscape, referral dated
November 7, 2008
X
Weld County Department of Public Health and Environment, referral dated
December 5, 2008
X
Weld County Department of Public Works, referrals dated December 9,
2008 and December 10, 2008
X
6
Maps
X
7
Deed/ Easement Certificate
X
8
Surrounding Property / Mineral Owners
X
9
Utilities
X
10
Soil Survey
X
11
PC Exhibits - adz, turn C'i u nUuj T,-„r,t v 01, 40 , PLC, do d- RIIQI o'i
X
I hereby certify that the twenty four items identified herein were submitted to the Department of Planning Services at or prior to the
scheduled Board of County Commissioners hearing.
(`-
Ja<lieline Hatch-Drouillard Planner
EXHIBIT
A
2009-0360 ((
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COLORADO
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PLANNER:
CASE
NUMBER:
APPLICANT:
ADDRESS:
REQUEST:
LEGAL:
LOCATION:
ACRES:
PARCEL #:
Jacqueline Hatch-Drouillard
CZ -1151
LAND USE APPLICATION
SUMMARY SHEET
CHANGE OF ZONE
HEARING DATE: January 20, 2009
Kristi Walker c/o Sheri Lockman with Lockman Land Consulting LLC
36509 County Road 41, Eaton CO 80615
Change of Zone from the A (Agricultural) Zone District to 1-3 Zone District.
Lot A and Lot B of RE -3949 being part of NW4 of Section 20, T2N, R66W of the 6th P.M.,
Weld County, CO.
East of and adjacent to State Highway 85 and approximately 1/8 mile south of County
Road 20.
12.3 +/- acres total
1309 20 200056 & 1309 20 200057
POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS
The Department of Planning Services' staff has received responses from the following agencies:
Without comment:
• Fort Lupton Fire Protection District, referral dated November 14, 2008
• Weld County Zoning Compliance Officer, referral dated November 7, 2008
• City of Fort Lupton, referral dated December 5, 2008
• Colorado Division of Wildlife, referral dated November 18, 2008
• Platte Valley Soil Conservation District, referral dated November 13, 2008
• Weld County Sheriffs Office, referral dated November 13, 2008
With comment:
• Colorado Department of Transportation, referral dated December 3, 2008
• State of Colorado Division of Water Resources, referral dated November 18, 2008
• Weld County Department of Planning Services, Landscape, referral dated November 7, 2008
• Weld County Department of Public Health and Environment, referral dated December 5, 2008
• Weld County Department of Public Works, referrals dated December 9, 2008 and December 10,
2008
The Department of Planning Services' staff has not received responses from:
Weld County Department of Building Inspection
Union Pacific Railroad
EXHIBIT
Walker CZ -1151 Page 1
orkhz.
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COLORADO
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PLANNER:
CASE
NUMBER:
APPLICANT:
ADDRESS:
REQUEST:
LEGAL:
LOCATION:
ACRES:
PARCEL #:
ADMINISTRATIVE RECOMMENDATION
CHANGE OF ZONE
Jacqueline Hatch-Drouillard
CZ -1151
HEARING DATE: January 20, 2009
Kristi Walker c/o Sheri Lockman with Lockman Land Consulting LLC
36509 County Road 41, Eaton CO 80615
Change of Zone from the A (Agricultural) Zone District to 1-3 Zone District.
Lot A and Lot B of RE -3949 being part of NW4 of Section 20, T2N, R66W of the 6th P.M.,
Weld County, CO.
East of and adjacent to State Highway 85 and approximately 1/8 mile south of County
Road 20.
12.3 +/- acres total
1309 20 200056 & 1309 20 200057
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.
The proposal is consistent with the aforementioned documents as follows:
Section 22-1-110.G The Intergovernmental Agreements, Zoning and Subdivision
Ordinances, Mixed Use Development Area Plans and Planned Unit Development Plans,
Chapters 19, 23, 24, 26 and 27, are intended to implement and carry out the goals and
policies of this Chapter (Chapter 22).
Section 19-12-50.B Fort Lupton IGA states "Development outside Urban Growth Area.
To the extent legally possible, the County will disapprove proposals for Urban
Development in areas of the municipal referral area outside the urban growth area." The
properties are not located within an Intergovernmental Agreement Areas (urban growth
area). The properties are located with the three mile referral area (municipal referral area)
of the Town of Fort Lupton as defined in the IGA. The Town of Fort Lupton city limits are
Walker CZ -1151 Page 2
located approximately 3 miles to the south and the Intergovernmental Agreement
boundary is located approximately 2.5 miles to the south of the site. The City of Fort
Lupton in their referral dated December 5, 2008 state that they have reviewed the
request and find no conflicts with their interest. Therefore, staff is in support of this
application.
Section 22-2-150.8 4 I. Policy 2.4 Promote industrial development that is appropriately
located in relation to surrounding land uses and that meets necessary environmental
standards..
Section 22-2-170.C C.Goal 3 Address the compatibility of commercial land uses with
adjacent land uses.
The two parcels (Lots A and B of RE -3949) comprise of approximately 12.3 acres and
are located west of and adjacent to the Union Pacific Railroad and east of and adjacent
to State Highway 85. Lot B contains an existing Tote -A -Shed business under USR-1227
approved in 1999 and is served by a commercial well (214858) and an Individual Sewage
Disposal System (SP -9900337). Lot A is currently vacant; however a commercial /
industrial well permit has been issued for the parcel (Well permit #67623-F). An
individual sewage disposal system will be installed when a business is located on the
property.
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 two parcels comprise of approximately 12.3 acres and are located west of and
adjacent to the Union Pacific Railroad and east of and adjacent to State Highway 85.
The site to the north is permitted by USR-1459 for vehicle sales and detailing approved in
2004. AMUSR-477 is located to the south for an oil and gas storage facility approved in
1991. Further to the south approximately 1/8 mile the property was zoned 1-3 through Z-
385 in 1983.
The properties are not located within an Intergovernmental Agreement Area.
The properties are located with the three mile referral area for the Town of Fort Lupton.
The Town of Fort Lupton city limits are located approximately 3 miles to the south and the
Intergovernmental Agreement boundary is located approximately 2.5 miles to the south of
the site. The City of Fort Lupton in their referral dated December 5, 2008 state that they
have reviewed the request and find no conflicts with their interest.
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 proposed PUD will be serviced by commercial wells and septic systems. Lot B is
served by a commercial well (214858) and an Individual Sewage Disposal System (SP -
9900337). Lot A is currently vacant; however a commercial/industrial well permit has
been issued for the parcel (67623-F). An individual sewage disposal system will be
installed when a business is located on the property.
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 December 3, 2008
state that they have reviewed the request and that the projected right-of-way for State
Highway 85 is 100' either side of the highway centerline. CDOT also state that they have
no comments on the change of zone but depending on the users of the parcel, they might
be concerned about traffic impacts. The Department of Public Works in their referral
dated December 9, 2008 state that County Road 20 is classified as a local gravel road
requiring 60 foot right-of-way. All existing right-of-way including the documents creating
Walker CZ -1151 Page 3
them will be delineated on the plat. The plat shall also delineate the access to the site
from County Road 20.
The properties are accessed off of County Road 20 via a 30' easement. As a Condition
of Approval the application will be required to provide staff with a copy of a recorded
agreement with the owner of the property which is crossed by the easement to allow for
industrial uses.
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 Change of Zone from Agricultural (A) Zone District to 1-3 uses is conditional upon the following:
1. Prior to recording the plat:
A. The applicant shall address the requirements (concerns) of the Colorado Department of
Transportation, as stated in the referral response dated December 3, 2008. Evidence of
such shall be submitted in writing to the Weld County Department of Planning Services.
(Department of Planning Services)
B. The applicant shall address the requirements (concerns) of the Weld County Department
of Public Works, as stated in the referrals dated December 9, 2008 and December 10,
2008. Evidence of such shall be submitted in writing to the Weld County Department of
Planning Services. (Department of Planning Services)
C. The applicant shall address the requirements (concerns) of the State of Colorado Division
of Water Resources as stated in the referral response dated November 18, 2008
Evidence of such shall be submitted in writing to the Weld County Department of
Planning Services. (Department of Planning Services)
D. The applicant shall address the requirements (concerns) of the Weld County Department
of Planning Services Landscaping referral, as stated in the referral response dated
November 7, 2008. Evidence of such shall be submitted in writing to the Weld County
Department of Planning Services. (Department of Planning Services)
Walker CZ -1151 Page 4
E. The applicant shall address the requirements (concerns) of the Weld County Department
of Public Health and Environment, as stated in the referral response dated December 5,
2008. Evidence of such shall be submitted in writing to the Weld County Department of
Planning Services. (Department of Planning Services)
F. The applicant shall submit to the Weld County Department of Planning Services a
recorded copy of any agreement signed by all of the owners of the property crossed by
the access. The access shall be for ingress and egress and shall be referenced on the
plat by the Weld County Clerk and Recorders reception number.
2. The plat shall be amended to delineate the following:
A. All pages of the plat shall be labeled CZ -1151. (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. All approved recorded accesses and easements shall be shown in accordance with
County standards and shall be dimensioned on the Change of Zone plat. (Department of
Public Works and Department of Planning Services)
D. The Colorado Department of Transportation has jurisdiction over State Highway 85. As
stated in their referral dated December 3, 2008 the projected right of way for State
Highway 85 is 100' from centerline. The applicant, on the Change of Zone plat, shall
show and label the existing and future right-of-way recognized by CDOT. (Colorado
Department of Transportation)
E. County Road 20 is designated on the Weld County Road Classification Plan as a local
gravel road, which requires 60 feet of right-of-way at full build out. There is presently 60
feet of right-of-way. A total of 30 feet from the centerline of County Road 20 shall be
delineated on the plat including the documents creating the right-of-way. (Department of
Public Works)
F. The Weld County's Right to Farm shall be placed on the plat. (Department of Planning
Services)
G. The following notes shall be delineated on the Change of Zone plat:
1. The Change of Zone allows for 1-3 uses which shall comply with the 1-3 Zone
District requirements as set forth in Article III Division 1 of the Weld County Code
as amended. (Department of Planning Services)
2. The existing business on Lot B (Tote -A -Shed USR-1227) is allowed to operate as
is until a major change from the plans or Development Standards as shown on
USR-1227 has been determined by the Department of Planning Services. If a
substation change has been determined a Site Plan Review application shall be
applied for and approved prior to operation. (Department of Planning Services)
3. No land, building or structure shall be used, changed in use or type of
occupancy, developed, erected, constructed, reconstructed, moved or
structurally altered or operated until a Site Plan Review has been approved by
the Department of Planning Services. (Department of Planning Services)
4. 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)
5. 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)
Walker CZ -1151 Page 5
6. Any future structures or uses on site must obtain the appropriate zoning and
building permits. (Department of Planning Services)
7. 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)
8. 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)
9. New buildings shall conform to the requirements of the various codes adopted at
the time of permit application. (Department of Building Inspection)
10. Activities such as permanent landscaping, structures, dirt mounds or other items
are expressly prohibited in the septic absorption field site. (Department of Public
Health and Environment)
11. 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)
12. 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)
13. 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)
14. 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)
15. Water service shall be obtained from an appropriately permitted well.
(Department of Public Health and Environment)
16. A stormwater discharge permit may be required for a development /
redevelopment / construction site where a contiguous or non-contiguous land
disturbance is greater than or equal to one acre in area. Contact the Water
Quality Control Division of the Colorado Department of Public Health and the
Environment at www.cdphe.state.co.us/wq/PermitsUnit for more information.
(Department of Public Health and Environment)
17. During development of the site, all land disturbances shall be conducted so that
nuisance conditions are not created. If dust emissions create nuisance
conditions, at the request of the Weld County Health Department, a fugitive dust
control plan must be submitted. (Department of Public Health and Environment)
18. In accordance with the Regulations of the Colorado Air Quality Control
Commission any development that disturbs more than 5 acres of land must
incorporate all available and practical methods that are technologically feasible
Walker CZ -1151 Page 6
and economically reasonable in order to minimize dust emissions. (Department
of Public Health and Environment)
19. This application is proposing wells as its source of water. The applicant should
be made aware that while they may be able to obtain a well permit from the
Office of the State Engineer, Division of Water Resources, the quantity of water
available for usage may be limited to specific uses, i.e. commercial use only, etc.
Also, the applicant should be made aware that groundwater may not meet all
drinking water standards as defined by the Colorado Department of Public Health
and Environment. We strongly encourage the applicant to test their drinking
water prior to consumption and periodically test it over time. (Department of
Public Health and Environment)
20. 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)
21. 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)
22. 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)
23. 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)
H. 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.
Walker CZ -1151 Page 7
DEPARTMENT OF PLANNING SERVICES
SOUTHWEST OFFICE
4209 CR 24.5
LONGMONT, CO 80504
PHONE: (720) 652-4210, Ext. 8730
FAX: (720) 652-4211
WIOC
COLORADO
December 19, 2008
Kristi Walker
c/o Sheri Lockman
Lockman Land Consulting, LLC
36509 CR 41
Eaton CO 80615
Subject: CZ -1151- Change of Zone from the A (Agricultural) Zone District to the PUD (Planned Unit Development)
Zone District, with C-3, C-4, I-1,1-2, and 1-3 Zone uses on a parcel of land described as Lot A and B of RE -
3949 being part of NW4 of Section 20, T2N, R66W of the 6th P.M., Weld County, Colorado.
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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 10th 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.
Respectfully,
• •
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WICYG
WIARAOO
November 7, 2008
Kristi Walker
c/o Sheri Lockman
Lockman Land Consulting, LLC
36509 CR 41
Eaton CO 80615
DEPARTMENT OF PLANNING SERVICES
SOUTHWEST OFFICE
4209 CR 24.5
LONGMONT, CO 80504
PHONE: (720) 652-4210, Ext. 8730
FAX: (720) 652-4211
Subject: CZ -1151 - Request for a Change of Zone from A (Agricultural) to PUD with C-3, C-4, I-1, 1-2,
and 1-3 Zone Districts on a parcel of land described as Lot A and B of RE -3949 being part of
NW4 of Section 20, T2N, R66W 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 Fort Lupton Planning
Commission for their review and comments. Please call Fort Lupton at 303-857-6694 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 Fort Lupton 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,
4714 /40261(4t)
tic
Jacqueline Hatch
Planner
Jacqueline Hatch
From:
•ent:
o:
Subject:
Jacqueline Hatch
Tuesday, January 20, 2009 9:45 AM
Jacqueline Hatch; Brad Mueller; Chris Gathman; Kim Ogle; Michelle Martin; Thomas Honn
RE: Sheri / Walker case
I heard from Bruce -
He said that if Sheri opts to go for a straight coz from ag to I-3 she can still proceed
today under the legal notification that was given.
I'm going to email Sheri and see what she wants to do.
Thanks for everyone's thoughts and comments Jacqueline
Original Message
From: Jacqueline Hatch
Sent: Monday, January 19, 2009 11:27 AM
To: Brad Mueller; Chris Gathman; Kim Ogle; Michelle Martin; Thomas Honn
Subject: RE: Sheri / Walker case
I left a message for Bruce. I will let you all know what he thinks. I personally don't
have an issue using the existing legal and doing a straight coz. I figure it is actually
a less intensive request from the legal.
Current
PUD, Change of Zone from the A (Agricultural) Zone District to PUD with C-3, C-4, I-1, I-
2 and I-3 Zone District uses
Original Message
From: Brad Mueller
Sent: Monday, January 19, 2009 11:25 AM
illfo: Jacqueline Hatch; Chris Gathman; Kim Ogle; Michelle Martin; Thomas Honn
object: RE: Sheri / Walker case
Technically, I think that the process would have had to been correctly advertised -- i.e.,
if the request is for COZ to I-3, then the legals would have had to have said that. But
you'd want to check with Bruce.
Doesn't mean I-3 is necessarily bad, but might mean a delay would be required.
Original Message
From: Jacqueline Hatch
Sent: Monday, January 19, 2009 11:10 AM
To: Chris Gathman; Kim Ogle; Michelle Martin; Thomas Honn; Brad Mueller
Subject: RE: Sheri / Walker case
I agree that there is a huge difference between split zoning and mixed zoning.
If Sheri wanted to switch to just straight I-3 zoning could we do it? Keep tomorrow's PC
hearing and the Feb 11th BOCC hearing dates... I've already wrote up new staff comments
with the straight COZ if she decides to go that route. I will email them around for a
quick read if she goes that route.
Original Message
From: Chris Gathman
Sent: Monday, January 19, 2009 11:05 AM
To: Jacqueline Hatch; Kim Ogle; Michelle Martin; Thomas Honn; Brad Mueller
Subject: RE: Sheri / Walker case
• Jacqueline,
I think Brad's argument can be sited here. They are talking about mixed zoning not split
zoning. If they were to clearly delineate what area was zoned commercial and what area was
1
zoned Industrial then fine. But my understanding is that this is not the case. They want
to intermingle industrial and commercial.
The argument that precedence was set (Greenman) does not hold water with me. Just because
one questionable case was approved - it does not mean we should compound it by continually
Ilkpprovingcases under the same flawed process. I don't agree that we should have offered
hat as an alternative.
I would be agreeable to waiving most of the final plat submittal requirements. Most of the
site specific issues (drainage, landscaping...) will be addressed at time of site plan
review.
Those are my two cents.
Chris
Original Message
From: Jacqueline Hatch
Sent: Monday, January 19, 2009 10:37 AM
To: Kim Ogle; Chris Gathman; Michelle Martin; Thomas Bonn
Cc: Bruce Barker
Subject: Sheri / Walker case
SO
Sheri is requesting that her case for Walker be pulled off the consent agenda. (this is
the one - applied for a straight coz but then had to switch to pud)
Her email -
Jacqueline,
I don't believe that we should have to do any of the conditions (other than a plat) for
the final plat. We never would have gone this route if we had known staff would do this.
We would have just changed the zone to 1-3. I hate to, but I will outline how the
application process was screwed up and that we should not be liable for staffs mistake.
would rather have staff agree that only a plat is necessary.
Under no circumstances will we agree to a full blown final plat. Covenants? You have
got to be kidding. We will ask that the case be readvertized for the next hearing as I-3
before we agree to a final plan and all the extra conditions that we would be subjected
to.
Staff should have come up with a better alternative. I have never been given a good
answer as to why we can not ask for Commercial and Industrial zoning and not call it a
PUD. The Greenmans case is on the agenda before ours. Like it or not, precedence was
set. We should have been offered that alternative. Waiving the sketch and final fee does
not cover all the problems.
Please come up with something better. I have lost a lot of sleep over this.
•
Sheri
2
etwanted to talk to her but before I did I wanted to touch base with all of you guys and
et your ideas...
If she wants to go with just I-3 I think we can proceed tomorrow and I will just re -write
my staff comments to reflect the straight coz. The legal posting to what she is actually
asking for would not be more intensive it would actually be less. She could even go with
I-3 on one lot and C-3 on the other. She can have split zoning she just can't have mixed
zoning. (greenman had split zoning not mixed zoning)
What do you think????
Thanks!
•
•
3
Page 1 of 4
Jacqueline Hatch
From: Sheri Lockman [sherilockman@what-wire.com]
Sent: Tuesday, January 20, 2009 10:26 AM
To: Jacqueline Hatch
Subject: Re: Staff Comments
Thanks. Switch it to 1-3 and keep in on the consent agenda. I will still want a legal reason why we were not
allowed to do dual zoning like the Greenmans. I know staff hates it but that is not justification.
Sheri
Original Message
From: Jacqueline Hatch
To: Sheri Lockman
Sent: Tuesday, January 20, 2009 9:50 AM
Subject: RE: Staff Comments
Hi Sheri
Sorry for the short notice but I've heard back from Bruce and he and staff are in support of keeping you on the
agenda today with the request changing to a straight coz from agricultural zoning to 1-3 zoning. I've re -written
the staff comments to reflect this change if you wish to go this route. Just let me know if you want to proceed as
the PUD Change of Zone from the A (Agricultural) Zone District to PUD with C-3, C-4, 1-1, I- 2 and 1-3 Zone
District uses or a straight Change of Zone from the A (Agricultural) Zone District to 1-3 Zone District.
It is totally up to you. If you want we can also continue the case till next month if you wish.
Just let me know.
Thanks,
Jacqueline
From: Sheri Lockman [mailto:sherilockman@what-wire.com]
Sent: Monday, January 19, 2009 10:24 AM
To: Jacqueline Hatch
Subject: Re: Staff Comments
Jacqueline,
I don't believe that we should have to do any of the conditions (other than a plat) for the final plat. We never
would have gone this route if we had known staff would do this. We would have just changed the zone to 1-3. I
hate to, but I will outline how the application process was screwed up and that we should not be liable for staffs
mistake. I would rather have staff agree that only a plat is necessary.
Under no circumstances will we agree to a full blown final plat. Covenants? You have got to be kidding. We
will ask that the case be readvertized for the next hearing as 1-3 before we agree to a final plan and all the extra
conditions that we would be subjected to.
Staff should have come up with a better alternative. I have never been given a good answer as to why we can
not ask for Commercial and Industrial zoning and not call it a PUD. The Greenmans case is on the agenda
before ours. Like it or not, precedence was set. We should have been offered that alternative. Waiving the
sketch and final fee does not cover all the problems.
Please come up with something better. I have lost a lot of sleep over this.
Sheri
Original Message
From: Jacqueline Hatch
1/20/2009
Page 2 of 4
•
•
•
To: Sheri Lockman
Sent: Monday, January 19, 2009 7:38 AM
Subject: RE: Staff Comments
No problem!! Is there a specific condition you would like to chat about?
THANKS!
From: Sheri Lockman [mailto:sherilockman@what-wire.com]
Sent: Friday, January 16, 2009 6:44 PM
To: Jacqueline Hatch
Subject: Re: Staff Comments
I don't think we are going to keep it on the consent. Sorry.
Original Message ----
From: Jacqueline Hatch
To: Sheri Lockman
Sent: Friday, January 16, 2009 3:05 PM
Subject: RE: Staff Comments
YIPEE!
Don't panic — I have you on the consent agenda.
Do you have any questions?
From: Sheri Lockman [mailto:sherilockman@what-wire.com]
Sent: Friday, January 16, 2009 3:02 PM
To: Jacqueline Hatch
Subject: Re: Staff Comments
I GOT IT! It came in the mail today. I am sorry to cause you extra work, I am just a little panicked by all
this.
Thanks
Sheri
Original Message
From: Jacqueline Hatch
To: Sheri Lockman
Sent: Friday, January 16, 2009 9:35 AM
Subject: RE: Staff Comments
I totally agree. Much safer.
From: Sheri Lockman [mailto:sherilockman@what-wire.com]
Sent: Friday, January 16, 2009 8:59 AM
To: Jacqueline Hatch
Subject: Re: Staff Comments
Sounds good. I usually get the mail from 4 to 7 days after the County mails it. I probably won't need it.
But I better play it safe.
Thanks
Original Message
From: Jacqueline Hatch
To: Sheri Lockman
Sent: Friday, January 16, 2009 8:10 AM
1/20/2009
Page 3 of 4
ubject: RE: Staff Comments
eah we could have it up there on Monday but you should get it in the mail by then but I will have it for
ou at the front counter just incase.
HANKS
rom: Sheri Lockman [mailto:sherilockman@what-wire.com]
ent: Friday, January 16, 2009 8:01 AM
o: Jacqueline Hatch
ubject: Re: Staff Comments
was just hoping that I would have the exact same packet that the PC members would have. If they refer
somthing in the packet, it is nice to have the same thing in front of you. I probably have most of the
acket in pieces already. Can I get a copy by Monday?
heri
--- Original Message
rom: Jacqueline Hatch
o: Sheri Lockman
ent: Friday, January 16, 2009 7:50 AM
ubject: RE: Staff Comments
hhh mannnnn
)ur Friday staff meeting got cancelled (well we are calling in instead of driving up there today) so I
on't be going to Greeley with your packet. I left Kris a message to see if she could make you a copy
fit. Did you want the entire packet or just staff comments and referrals? Let me know because I
ight be able to email you some of it.
HANKS,
acqueline
rom: Sheri Lockman [mailto:sherilockman@what-wire.com]
ent: Thursday, January 15, 2009 4:42 PM
o: Jacqueline Hatch
ubject: Re: Staff Comments
ut it at the front desk and I will pick it up.
hanks
1--- Original Message
rom: Jacqueline Hatch
o: Sheri Lockman
ent: Thursday, January 15, 2009 4:18 PM
ubject: RE: Staff Comments
spoke to Kris it sounds like it was put in the mail yesterday from Greeley. I can make you a packet
nd bring it up to Greeley with me tomorrow. Sorry.
From: Sheri Lockman [mailto:sherilockman@what-wire.com]
Sent: Thursday, January 15, 2009 2:41 PM
—o: Jacqueline Hatch
Subject: Re: Staff Comments
Please don't put it in the mail. Send it to the north office. It will never make it here in the mail.
1/20/2009
Page 4 of 4
1- -- Original Message ----
om: Jacqueline Hatch
: Sheri Lockman
nt: Thursday, January 15, 2009 1:43 PM
ubject: Staff Comments
ello
rry for the delay in getting these out but attached are the staff comments for the Walker case.
e hard copy with the referrals are in the mail.
anks and let me know if you have any questions.
J cqueline
1/20/2009
•
•
•
PLANNING COMMISSIONERS' SIGN POSTING
CERTIFICATE
THE LAST DAY TO POST THE SIGN IS January 5, 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 FIFTEEN DAYS
BEFORE THE PLANNING COMMISSIONERS HEARING FOR PZ-1151 IN THE A
(Agricultural) 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 e day of 1/4ISAAA X11 A
2004T. WITNESS my hand and official seal.
Signature f Person Posting Sign
otPubli Pr
My Commission Expires:
My Commission Expires
10.11-2011
•
BETHANY
SALZMAN
(ir 11
•
•
oar, x� 1`
•
•
FIELD CHECK
Inspection Date: 1/2/09
APPLICANT: Kristi Walker c/o Sheri Lockman with Lockman Land Consulting LLC
CASE # : PZ-1151
REQUEST: PUD, Change of Zone from the A (Agricultural) Zone District to PUD with C-3, C-4, I-1, I- 2 and
1-3 Zone District uses
LEGAL: Lot A and Lot B of RE -3949 being part of NW4 of Section 20, T2N, R66W of the 6th P.M., Weld
County, CO.
LOCATION: East of and adjacent to State Highway 85 and approximately 1/8 mile south of County Road 20.
PARCEL ID #: 1309 20 200056 & 1309 20 200057
ACRES: 12.3 +1- acres
Zoning
Land Use
N
Agricultural
N
USR-1459 for vehicle sales and detailing
E
Agricultural
E
Railroad and Agricultural
S
Agricultural
S
AMUSR-477 for an oil and gas storage facility
W
Agricultural
W
State Highway 85 and Agricultural
Comments:
Property currently has Tote -a -Shed business on the northern lot.
South lot is vacant
Access is off of CR 20 to the east of the car sales lot
No access to hwy 85
Level lot
❑ House(s)
o Outbuilding(s)
o Access to Property
o Crop Productions
o Site Distance
o Mobile Home(s)
❑ Other Animals On -Site
o Water Bodies
❑ 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
Note any commercial business/commercial vehicles that are operating from the site.
Hello