HomeMy WebLinkAbout20060186.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Doug Ochsner, 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: CZ-1104
APPLICANT: Jay& Sherrie Woods
PLANNER: Brad Mueller
LEGAL DESCRIPTION: Part SW4SE4 of Section 36, T6N, R66W of the 6th P.M., Weld County,
Colorado.
REQUEST: Change of Zone from Low Density Residential (R-1) to Agricultural (A).
LOCATION: South of and adjacent to F Street and west of C Street.
be recommended favorably to the Board of County Commissioners for the following reasons
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.
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.
= EXHIBIT
2006-0186 "-� /
Resolution CZ-1104
Jay Woods
Page 2
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 properly. 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)
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)
Resolution CZ-1104
Jay Woods
Page 3
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 2e 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)
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)
Motion seconded by Roy Spitzer
Resolution CZ-1104
Jay Woods
Page 4
VOTE:
For Passage Against Passage Absent
Michael Miller
Bruce Fitzgerald
Chad Auer
Tom Holton
Doug Ochsner
James Welch
Erich Ehrlich
Roy Spitzer
Paul Branham
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, Voneen Macklin, 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 December 6, 2005.
Dated the 6th of December, 2005.
Voneen Macklin
Secretary
School District RE-3J
Dr. Marvin Wade
Marvin Wade and Dick Huwa presented the proposed high school at Keenesburg. Voters approved the
bond for the building of a new school for 900 students with the ability to expand to 1300 students.
Dick Huwa added the information was sent in the packet and they are here to help if there are any
questions. The packet had all the needed information. Many things were not in the packet but staff has
seen. They have done a traffic impact study, a drainage study to county standards, geological survey was
contacted and a site assessment was done. The school is permitted through the state and they will go by
the International Building Code. The local fire protection agency was contacted for input also.
Mr. Morrison clarified that this in an informational hearing since the statute provides the school district is
exempt from regulations however a request can be made that the school board have a hearing on zoning
land use issues.
Bruce Fitzgerald indicated the Department of Planning Services recommended changes in traffic and flow
and street changes and are those going to be implemented. Mr. Huwa stated they had commissioned an
engineering study and met with CDOT to determine what would be the governing criteria. The
improvements were not part of the bond issue and would total about a million dollars. This will be more
pressing at a future dates and the board decision will be at a future date. There may be a cost sharing
basis with the county at a future date. There will be are other issues with the surrounding roads. The
roads themselves pose problems with irrigation and other issues. The expansion of the road would be an
issue. Mr. Fitzgerald suggested some grant writers utilizing those.
Monica Department of Planning Services wants to thank these people for the opportunity for input on the
new school.
Tom Holton asked if a traffic light at the intersection was reviewed. Mr. Huwa stated it was looked into but
the need was not warranted. Mr. Holton suggested that the vehicle count not be the only criteria for need
but the lack of experienced drivers on road would be a good place for this. Dick-break down req. for traffic
study would focus on CR 59 first for just turn lane into schools.
The following cases will be heard:
CASE NUMBER: CZ-1104
APPLICANT: Jay&Sherrie Woods
PLANNER: Brad Mueller
LEGAL DESCRIPTION: Part SW4SE4 of Section 36, T6N, R66W of the 6th P.M., Weld County,
Colorado.
REQUEST: Change of Zone from Low Density Residential (R-1)to Agricultural (A).
LOCATION: South of and adjacent to F Street and west of C Street.
Brad Mueller, Department of Planning Services, presented Case CZ-1104, reading the recommendation
and comments into the record. The Department of Planning Services is recommending approval of the
application along with the Conditions of Approval and Development Standards.
Bruce Fitzgerald asked when the zoning change was done. Mr. Mueller stated it has been low density for
a few years and the original zoning allowed for the building of the home. Mr. Fitzgerald asked if this would
change the property tax. Mr. Mueller stated the tax is based on the use and the tax would not change.
Paul Branham asked how long the landscaping business has been there and if there have been alommaik,
complains. Mr. Mueller stated this process is due to a violation complaint and the business has been in
existence for a couple of years but the applicant can address better.
James Welch asked whether this change of zone request is a prelude to a USR application. Mr. Mueller m
stated the USR will be submitted at a later date. I C�n�
Paul Branham asked what the nature of the complaint was. Mr. Mueller stated it was the operation of a W �Y
rovainevend
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business without USR approval.
Jay woods, applicant provided further clarification on the proposal. The complaint was from a staff
member who saw the business, there have been no complaints from the neighbors. The business has
been in operation for 23 years off of west 10t°Street. The business out grew the existing site and needed
something larger. They did not realize the zoning had effect on the business. Mr. Fitzgerald asked if they
understood the significance at this time. Mr. Woods stated that is the reason for the application and
attempt to come into compliance.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
Jay Woods indicated he is agreement with the Development Standards and Conditions of Approval.
Pam Smith added there is an undocumented septic system and the house was built in 1957 so no septic
permit was done. Ms.Smith added that since they will be reviewing this again at the USR submittal they have
not asked for the system to be evaluated at this time. The septic system would not be notices had this
application not been brought forward.
Doug Ochsner moved that Case CZ-1104, be forwarded to the Board of County Commissioners along with the
Conditions of Approval and Development Standards with the Planning Commissions recommendation of
approval. Roy Spitzer seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Roy
Spitzer,yes; Erich Ehrlich,yes;James Welch, yes; Tom Holton, ,yes; Doug Ochsner, yes; Bruce Fitzgerald,
yes; Paul Branham, yes. Motion carried unanimously.
r. CASE NUMBER: PZ-1099
APPLICANT: Soaring Skies Ventures LLC
PLANNER: Sheri Lockman
LEGAL DESCRIPTION: Lot B of RE-3685; Pt S2 of Section 5, T7N, R67W of the 6th P.M., Weld
County, Colorado.
REQUEST: Change of Zone from A(Agriculture)to PUD for nine(9) residential lots
(Sorrel Ridge).
LOCATION: East of and adjacent to CR 15 approximately 1/4 mile north of CR 84.
Sheri Lockman, Department of Planning Services, presented Case PZ-1099, reading the recommendation
and comments into the record. The Department of Planning Services is recommending approval of the
application along with the Conditions of Approval and Development Standards. The applicant has
requested that the subdivision name be changed to Sorrel Ridge.
Erich Ehrlich asked if the entrance will be paved and enter onto a paved county road. Ms. Lockman
indicated the internal road will be paved.
Doug Ochsner asked for clarification on the 15% open space requirement. Ms. Lockman stated this will
be considered an urban scale development since there are several subdivisions in the area. Had this
been the first subdivision in the area it would not be required.
Tim Halopoff, applicant, provided a rendering of what the site will look like and indicated that the 15%
open space will be the bridle run around the site. This is an equestrian type community that will be
directed and designed towards horse owners.
Doug Ochsner asked about the open space and how it will be maintained and watered. Mr. Halopoff
stated the HOA will govern and maintain the open space. The open space will be fully landscape. This
open space will be for the owners of the lots and not a public open space. Mr. Ochsner asked about letter
the from North Poudre Irrigation with regards to access and easement. Mr. Halllapulah stated they had
taken into account the request by North Poudre and implemented it into the design.
•
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
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