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Home My WebLink About20060187.tiff INVENTORY OF ITEMS FOR CONSIDERATION Applicant Jay& Sherrie Woods Case Number CZ-1104 Change of Zone: R-1 to A Submitted or Prepared Prior to At Hearing Hearing 1 Staff Comments X Letter to Applicant X Department of Planning Services Field Check Form X Affidavit of sign posting X Legal Notifications X 2 Application X Maps X Deed X Surrounding Property/Mineral Owners X Utilities& Soil Survey X 3 Referral List X 4 Referrals Without Comments X Weld County Sheriff's Office, referral received 10/31/05 X Division of Wildlife, referral received 10/04/05 X District 6 School District, referral received 9/30/05 X Great Western Railway, referral received 10/24/05 X 5 Referrals With Comments X Weld County Dept of Health & Environment, referral received 10/26/05 X Weld County Department of Public Works, referral received 10/21/05 X Weld County Zoning Compliance, referral received 9/29/05 X Weld County Building Inspection, referral received 10/27/05 X Union Colony Fire District, referral received 10/11/05 X City of Greeley, referral received X I hereby certify that the twenty-three items identified herein were submitted to the Department of Planning Services at or prior to the scheduled Planning Commissioners hearing. n / Brad Mueller,Planning Services I EXHIBIT 2006-0187 4*/: LAND USE APPLICATION Win e. SUMMARY SHEET COLORADO CASE HEARING DATE: December 6, 2005 NUMBER: CZ-1104 APPLICANT: Jay A. &Sherrie L. Woods ADDRESS: 2500 W. "F"Street, Greeley, CO 80631 REQUEST: Change of Zone from the R-1 (Low-Density Residential)Zone District to the A(Agricultural) Zone District. LEGAL: Part of the SW4 of the SE4 of Section 36, T6N, R66W of the 6th P.M., Weld County, Colorado. LOCATION: Southwest corner of West F Street and North 25th Avenue north of Greeley. ACRES: 2.5 +/-acres PARCEL#: 0805 36 000018 ISSUES SUMMARIZED FROM APPLICATION MATERIALS The Department of Planning Services' staff has received responses from the following agencies: • Weld County Department of Public Health & Environment, received 10/26/05 • Weld County Sheriff's Office, received 10/31/05 • Weld County Department of Public Works, received 10/21/05 • Weld County Code Compliance Division, received 9/29/05 • Weld County Building Inspection Division, received 10/27/05 • Colorado State Division of Wildlife, received 10/04/05 • UCFRA Fire Prevention / Union Colony Fire District F-20, received 10/12/05 • School District RE-6, received 9/30/05 • Great Western Railroad, received 10/24/05 • City of Greeley, received 10/06/05 The Department of Planning Services'staff did not receive responses from: City of Greeley Water District • Union Pacific Railroad Greeley Soil Conservation District EXHIBIT File No. CZ 1104—Jay A. &Sherrie L Woods I ' 1 Ante CHANGE OF ZONE ADMINISTRATIVE RECOMMENDATION COLORADO PLANNER: Brad Mueller CASE HEARING DATE: December 6, 2005 NUMBER: CZ-1104 APPLICANT: Jay A. &Sherrie L. Woods ADDRESS: 2500 W. "F"Street, Greeley, CO 80631 REQUEST: Change of Zone from the R-1 (Low-Density Residential)Zone District to the A(Agricultural) Zone District. LEGAL: Part of the SW4 of the SE4 of Section 36, T6N, R66W of the 6th P.M., Weld County, Colorado. LOCATION: Southwest corner of West F Street and North 25th Avenue north of Greeley. ACRES: 2.5 +/-acres PARCEL#: 0805 36 000018 THE DEPARTMENT OF PLANNING SERVICES STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED BASED ON COMPLIANCE WITH THE FOLLOWING SECTIONS OF THE WELD COUNTY CODE: 1. Section 23-2-50: Submittal requirements. The application is in compliance with submittal requirements. 2. Section 23-2-30.A.1: That the proposal is consistent with Chapter 22 of this Code;if not,then that the zoning of the property under consideration is faulty, or that changing conditions in the area warrant a Change of Zone. Chapter 22,the Weld County Comprehensive Plan,provides overarching principles designed to achieve coordinated and harmonious development within the County. The proposed Change of Zone represents a"down-zoning,"a change from a district(R-1)that can be characterized as more intense,to a district(A)that is considered less intense. As such,Comprehensive Plan goals such as conservation of agricultural lands(A.Goal 1)and concentrating urban development in existing municipalities (UGB.Goal 2)are satisfied. The potential for limited commercial uses, which can be allowed within the A Zone District, is supported by the Comprehensive Plan as well. (A.Policy 1.3) All other sections of the Comprehensive Plan (Chapter 22) are also satisfied. The proposal for a Change in Zone is not being made in response to faulty zoning or changing conditions within the area. 3. Section 23-2-30.A.2: That the uses which would be allowed on the subject property by granting the Change of Zone will be compatible with the surrounding land uses. Agricultural zoning,as proposed by this application, would allow a variety of uses by right and by special review; the owner has indicated an intention to apply for a use by special review permit for a commercial landscaping business to address an active zoning violation (File No.VI-0400132). The range of potential uses is compatible with the existing neighboring uses,which include large-lot single-family residential,vacant land,and an active gravel mine. Agricultural zoning exists to the northwest and industrial zoning(1-3) to the northeast; R-1 zoning lies on either side of the subject property to the east, west, and south. File No. CZ 1104—Jay A. & Sherrie L Woods 2 4. Section 23-2-30.A.3: That adequate water and sewer service can be made available to serve the site to serve the uses permitted within the proposed zone district. The site currently consists of a single- family residence which is serviced by Greeley Water and an Individual Sewage Disposal System (ISDS). As reported by the Department of Public Health and Environment, the ISDS is undocumented, potentially due to its age. If the property is subsequently reviewed for a Use by Special Review,then the ISDS must be reviewed prior to issuance of any septic or building permits for commercial use. 5. Section 23-2-30-A.4: That street or highway facilities providing access to the property are adequate in size to meet the requirements of the proposed zone district. Three roads converge at the northeast corner of the property—West F Street, North 25th Avenue, and C Street. West F Street and C Street are classified by the County as local paved roads, requiring 60-feet right-of-way. North 25th Avenue, the centerline of which is approximately collinear with the east boundary line of this property,requires 60-feet of right-of-way. Any undedicated right-of-way will be dedicated as a condition of approval. 6. Section 23-2-30-A.5.a:If the proposed Change of Zone is located within any Overlay District identified by maps officially adopted by the County, that the applicant has demonstrated compliance with the County regulations concerning Overlay Districts. The property does not lie within any Overlay District. Effective January 1, 2003, Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County Road Impact Program.(Ordinance 2002-11) Effective August 1,2005, Building Permits issued on the proposed lots 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) 7. Section 23-2-30-A.5.b:That the rezoning will not permit the use of any area known to contain a commercial mineral deposit in a manner which would interfere with the present or future extraction of such deposit by an extractor to any great extent than under the present zoning of the property. As a down-zoning,mineral rights remain as,or more,accessible than under the current residential zoning. Notice has been provided to the mineral rights owners of this land use application. 8. Section 23-2-30-A.5.c: If soil conditions on the site are such that they present moderate or severe limitations to the construction of structures or facilities proposed for the site, that such limitations can be overcome and that the limitations will be addressed by the applicant and/or the applicant's successors or assigns prior to the development of the property. Existing structures on the site have had no history of settling problems, and any additional development on the site would require additional soil testing. This staff 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 the R-1 (Low-Density Residential)Zone District to A(Agricultural)Zone District is recommended with the following proposed Conditions of Approval: 1. The rezoning plat map shall be submitted to the Department of Planning Services for recording within 60 days of approval by the Board of County Commissioners. Prior to recording, two draft copies of the rezoning plat map must submitted to staff for review. The plat map shall adhere to the formatting requirements of Section 23-2-50-D of the Weld County Code. (Department of Planning Services) 2. Upon recordation of the rezoning plat, the applicant shall submit within 30 days an application for a Use by Special Review requesting consideration for the operation of the commercial retail landscaping business currently in operation on the site as a zoning violation. (Department of Planning Services) 3. Prior to recordation, the following changes shall be made to the rezoning plat map: A. All sheets of the map shall be labeled CZ-1104. (Department of Planning Services) File No. CZ 1104—Jay A. &Sherrie L Woods 3 B. The Right to Farm Statement found in Appendix 22-E of the Weld County Code shall be added to the plat map. C. The following notes shall be added to the plat map: 1) All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S., as amended) shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. (Department of Public Health and Environment) 2) No permanent disposal of wastes shall be permitted at this site. This is not meant to include those wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S., as amended. (Department of Public Health and Environment) 3) Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. (Department of Public Health and Environment) 4) Fugitive dust shall be controlled on this site. (Department of Public Health and Environment) 5) West F Street, adjacent to this property, is classified by the County as a local paved road, requiring 60-feet of right-of-way. (Department of Public Works) 6) C Street Northwest, adjacent to this property, is classified by the County as a local paved road, requiring 60-feet of right-of-way. (Department of Public Works) 7) North 25th Avenue, the centerline of which is approximately collinear with the east boundary line of this property, is considered a local paved road, requiring 60-feet of right-of-way. 8) Effective January 1, 2003, Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County Road Impact Program. (Ordinance 2002-11) (Department of Planning Services) 9) Effective August 1, 2005, Building Permits issued on the proposed lots 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) 3. The applicant shall provide a digital copy of the final rezoning plat. Acceptable CAD formats are.dwg, .dxf,and .dgn(Microstation);acceptable GIS formats are ArcView shapefiles,Arclnfo Coverages,and Arclnfo Export files(format type .e00). The preferred format for Images is .tif(Group 4). (Group 6 is not acceptable.) (Department of Planning Services) 4. Any undocumented ISDS must comply with the Weld County Code.The applicant should contact the Department of Weld County Public Health and Environment to update existing septic permits. (Department of Public Health and Environment) 5. West F Street, North 26`h Avenue, and C Street Northwest each consist of 60'of right-of-way. The applicant shall work with Weld County to dedicate any additional right-of-way,as needed,to complete the 60' right-of-way. (Department of Public Works) 6. Public Works requests that the applicant justify in writing the need for a second access for a small parcel. (Department of Public Works) File No. CZ 1104—Jay A.&Sherrie L Woods 4 7. Effective January 1, 2003, Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County Road Impact Program. (Ordinance 2002-11) 8. Effective August 1, 2005, Building Permits issued on the proposed lots 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) • File No. CZ 1104—Jay A. &Sherrie L Woods 5 DEPARTMENT OF PLANNING SERVICES (ita NORTH OFFICE 918 10TH Street GREELEY, CO 80631 PHONE: (970) 353-6100, Ext. 3540 FAX: (970) 304-6498 WI IDFAX: e SOUTHWEST OFFICE 4209 CR 24.5 COLORADO LONGMONT, CO 80504 PHONE: (720) 652-4210, Ext. 8730 FAX: (720) 652-4211 September 27, 2005 Jay& Sherrie Woods 2040 Fairway Lane Greeley CO 80634 Subject: CZ-1104- Request for a Change of Zone from Low Density Residential (R-1)to Agricultural (A) on a parcel of land described as Part SW4SE4 of Section 36, T6N, R66W of the 6th P.M., Weld County, Colorado. Dear Applicant: Your application and related materials for the request described above are being processed. I have scheduled a meeting with the Weld County Planning Commission for December 6,2005, at 1:30 p.m. This meeting will take place in the Hearing Room, Weld County Planning Department, 918 10`" Street, Greeley, Colorado. It is recommended that you and/or a representative be in attendance to answer any questions the Planning Commission members may have. It is the applicant's responsibility to comply with state statutes regarding notice to mineral estate owners. 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 shall provide the Weld County Planning Department with written certification indicating the above requirements have been met. 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 Greeley Planning Commission for their review and comments. Please call Greeley at 970-350-9780 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 Greeley Planning Commission meeting to answer any questions the Commission members may have with respect to your application. A representative from the Department of Planning Services will be out to the property a minimum of ten days prior to the hearing to post a sign adjacent to and visible from a publicly maintained road right-of-way which identifies the hearing time,date,and location. In the event the property is not adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent place on the property and a second sign posted at the point at which the driveway (access drive) intersects a publicly maintained road right-of-way. The Department of Planning Services' staff will make a recommendation concerning this application to the Weld County Planning Commission. This recommendation will be available twenty-four(24)hours before the scheduled hearing. It is the responsibility of the applicant to call the Department of Planning Services'office before the Planning Commission hearing to make arrangements to obtain the recommendation. If you have any questions concerning this matter, please call. Respectfully, B adr Brad ueller Planner PLANNING COMMISSIONERS' SIGN POSTING CERTIFICATE THE LAST DAY TO POST THE SIGN IS NOVEMBER 21, 2005. 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, BRAD MUELLER, 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-1104, AN APPLICATION FOR CHANGE OF ZONING FROM THE R-1 (LOW-DENSITY RESIDENTIAL) ZONE DISTRICT TO THE A (AGRICULTURAL) ZONE DISTRICT. BRAD MUELLER Name of Person Posting Sign Signature of Person Posting Sign STATE OF COLORADO ) ss. COUNTY OF WELD ) l The foregoing instrument was subscribed and sworn to me this9/ day of ll,�_� Q� , 20t WITNESS my hand and official seal. 140; Notary Public My Commission Expires: 0 - ��7 R'• 'a - G1 _.• timer .c ;- -- .. :; r`I1 c NOTICE WN9c A PUBLIC HEARING CONCERNING 'fr; THIS PROPERTY WILL BE HELD AT: • Wf.._-D moo:.ny pw,lwNcllcrt 'II$ CA ST G'Cci.£y of DEtEMRG2 6. adagAI •':34904 MIM[ �AY •Sexes. ve kboos non �c� . :": � •f',.�•.?=-�.�',.. -- `—i ACAS • . . ' ../,',.. _ .. FOR MORE INFORMATION CALL • WELD COUNTY DEPARTMENT OF PLANNING SERVICES AT __ 91i 3„3n6100 et : -, ' . L _a_ II1, Ills '. : w _�. _ •- r-.' I . 111111 ISM i. .. I-�yit, Salt ]-. ••, � . .-. • ....1W —. 1 Ss ••.-,C:. .,.'. - .ice•«• .L. wge..we rn_ •r7.memo.�•. - ♦ ._ ti •A •.• 1.1••.1111•liar0040 WI MI so • 1,. 1L' _ .a. ". .� 4- . . - - _ s, _ . z. ____---f. -- .,�� - v -yam rii _ _ Ili, -- _'° - - It t :• 1 Blip fiLilliTh-e''' • • • i 4 . di AMI 4 `\ r- y.. 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C.- Zoning Land Use N N L,4/c6 - Len' l 's/D E."J-✓", AL_ E CC. - I E LA2&& - (fi-r' gcs,oeNr „e S R.- I S RA'LttOA7J ' L.A2GC- ta-r t'a 44(- - 1 W o P c ha eA s- t.b e Comments: Si r� (S L,O cA-retD AribVt\la t4HtJrf SIM / cArc SeMi - 12vrCAc LOTS LAN-) cAP1AJG &US /&JCS S ON - S ire Ac,T' ve ',NJ //✓6 orr:lcAT ,etc) To --rk C (J° ta-t'f( e A ST • Signature House(s) o Derelict Vehicles Outbuilding(s) o Non-commercial junkyard (list components) tpAccess to Property o Irrigation Sprinkler o Crop Productions o Crops tr Site Distance ❑ Wetlands ❑ Mobile Home(s) o Oil & Gas Structures o Other Animals On-Site o Wildlife o Water Bodies o Utilities On-Site (transmission lines) ;3:c, Ditch o Topography Note any commercial business/commercial vehicles that are operating from the site. Hello