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HomeMy WebLinkAbout20061883.tiff INVENTORY OF ITEMS FOR CONSIDERATION Applicant Charles & Theresa Hellmer Case Number PZ-1110 Submitted or Prepared Prior to At Hearing Hearing 1 Staff Comments X Department of Planning Services Field Check Form X Letter to Applicant X Legal Notifications X N. 2 Application X Maps X Deed/Easement Certificate X Surrounding Property/Mineral Owners X Utilities X 3 Referral List X Referrals without comment X ` Longs Peak Water District, referral received 12/29/2005 X ` Colorado Department of Transportation, referral received 1/17/2006 X Town of Mead, referral received 12/27/2005 X Colorado Division of Wildlife, referral received 1/17/2006 X 4 Referrals with comments X Weld County Department of Public Works referral received 1/19/2006 X Weld County Department of Public Works referral received 2/1/2006 X Weld County Department of Public Works referral received 2/17/2006 X Weld County Department of Public Health and Environment referral received X 1/17/2006 Saint Vrain Sanitation District referral received 1/4/2006 X City of Longmont referral received 12/28/2005 X City of Longmont referral letter received 9/21/2005 X Mountain View Fire Protection District, referral received 1/13/2006 (2 pages) X Weld County Sheriff's Office referral received 2/22/2006 (2 pages) X Longmont Soil Conservation District referral received 1/17/2006 (2 pages) X Weld County Department of Building Inspection referral received 4/7/2006 X �+ 5 Surrounding Property Owners/Mineral Owners - Letters " 6 PC Exhibits N 6A Letter from Lenna Thompson, Robert& Rae Rives received October 12,2005 X 68 Sign Posting Certificate .1 X N 6C Slides from James Buck X EXHIBIT 2006-1883 II #111O 6D Pictures from the Applicants(Charles&Theresa Hellmer) X 7 Planning Commission Resolution - I hereby certify that the 23 items identified herein were submitted to the Department of Planning Services at or prior to the scheduled Planning Commissioners hearing. /4A, Chris Gathman ry Planner LAND USE APPLICATION wine SUMMARY SHEET COLORADO CASE NUMBER: PZ-1110 HEARING DATE: April 18, 2005 APPLICANT: Charles & Theresa Hellmer PLANNER: Chris Gathman ADDRESS: 13775 County Road 3, Longmont, CO 80504 REQUEST: Change of Zone from R-1 (Residential) Zone District to PUD to allow storage of landscaping equipment and materials along with uses allowed by right and accessory uses in the A (Agricultural) Zone District. LEGAL DESCRIPTION: Lot A of RE-3492; Part of the E2 NE4 of Section 30, T3N, R68W of the 6th P.M., Weld County, Colorado. LOCATION: West of and adjacent to County Road 3; approximately 1/4 mile south of State Highway 66 ACRES: 2.5 +/-Acres PARCEL #: 1207 30 100095 POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS The criteria for review of this Change of Zone application is listed in Section 27.6.120 of the Weld County Code as follows: The Department of Planning Services' staff has received responses from the following agencies: • Mountain View Fire Protection District , referral received 1-13-06 • Longs Peak Water District, referral received 12-29-05 • St. Vrain Sanitation District, referral received 1-4-06 • Colorado Division of Wildlife, referral received 1-17-06 • Weld County Department of Public Works, referral received 1-19-06, 2-1-06 & 2-17-06 • Weld County Department of Public Health and Environment, referral received 1-17-06 • Town of Mead, referral received 12-27-05 • Weld County Sheriff's Office, referral received 2-22-06 • Longmont Soil Conservation District, referral received 1-17-06 • City of Longmont, referral received 12-28-05 • Colorado Department of Transportation, referral received 1-17-06 EXHIBIT t Hellmer PZ-1110 CHANGE OF ZONE ADMINISTRATIVE RECOMMENDATION CASE NUMBER: PZ-1110 APPLICANT: Charles &Theresa Hellmer ADDRESS: 13775 County Road 3, Longmont, CO 80504 PLANNER: Chris Gathman REQUEST: Change of Zone from R-1 (Residential) Zone District to PUD to allow storage of landscaping equipment and materials along with uses allowed by right and accessory uses in the A (Agricultural) Zone District. LEGAL DESCRIPTION: Lot A of RE-3492; Part of the E2 NE4 of Section 30, T3N, R68W of the 6th P.M., Weld County, Colorado. LOCATION: West of and adjacent to County Road 3; approximately 1/4 mile south of State Highway 66 ACRES: 2.5 +/-Acres PARCEL #: 1207 30 100095 THE DEPARTMENT OF PLANNING SERVICES'STAFF RECOMMENDS THAT THIS REQUEST BE DENIED FOR THE FOLLOWING REASONS: 1. The submitted materials are in compliance with the application requirements of Section 26-5-30 of the Weld County Code. 2. The submitted materials are not in compliance with Section 27.6.120 of the Weld County Code as follows: A. Section 27-6-120.8.6.a The proposal is not consistent with any intergovernmental agreement in effect influencing the PUD and Chapters 19 (Coordinated Planning Agreements), Chapter 22 (Comprehensive Plan), Chapter 23 (Zoning), Chapter 24 (Subdivision) and Chapter 27(Planned Unit Development) of the Weld County Code. Section 22-2-190.B.3. R.Policy 2.3 states "New residential development proposals should demonstrate compatibility with existing surrounding land use in terms of general use, building height, scale, density, traffic, dust and noise." The applicants are requesting to rezone this property to PUD to allow storage of landscaping equipment and materials. This request is to address a pending 2 Hellmer PZ-1110 zoning violation (VI-0500102) for the operation of a landscaping business. The applicants are additionally requesting that uses by right be allowed in the A (Agricultural) Zone District in addition to the landscaping business. All surrounding properties are zoned R-1 (low density residential) and the size of the lot is only 2.5 acres in size. Rezoning the property to allow for agricultural uses would allow for additional uses that may not be compatible with the surrounding area (additional animal units, accessory storage of semi-trailers...). R-1 (low density) residential zoning does not list commercial businesses (storage of landscaping vehicles and equipment) as an allowed use, accessory or use by special review. Commercial businesses and operations are not considered to be compatible with residential areas. B. The uses which would be permitted shall be compatible with the existing or future development of the surrounding area as permitted by the existing zoning, and with the future development as projected by Chapter 22 of this Code or master plans of affected municipalities. Section 22-2-110.C UGB.Goal 3 states "The County and municipalities should coordinate land use planning in urban growth boundary areas, including development policies and standards, zoning, street and highway construction, open space, public infrastructure and other matters affecting efficient development." The site is located within the Intergovernmental Agreement Area for the City of Longmont. The City of Longmont, in their Notice of Inquiry form dated August 19, 2005, indicated that the applicant could proceed with the application review process through Weld County because the application was meant to address an existing landscaping business and no expansion to the business was proposed through the application. The City of Longmont indicated in their referral response dated September 20, 2005 indicated concerns with possible affects on water quality given its proximity to Union Reservoir. The City of Longmont would like to see a requirement that public sewer for future developments be required. A (Agricultural) Zoning in the Weld County Code does not require public sewer and therefore would not be consistent with the recommendation of the City of Longmont. Should the Planning Commission recommend approval of this Change of Zone from R-1 (Residential) Zone District to the PUD Zone District for storage of landscaping equipment and materials along with uses by right, accessory uses and uses by special review in the (A) Agricultural Zone District, planning staff recommends the following conditions of approval: 1. The Change of Zone plat map shall be submitted to the Department of Planning Services for recording within 60 days of approval by the Board of County Commissioners. 3 Hefter PZ-1110 2. Prior to Scheduling Board of County Commissioners Hearing: A. The applicant shall submit a screening plan to the Department of Planning Services. All vehicles and equipment shall be screened from adjacent properties and county roads by a six (6) foot opaque fence. Vehicles shall be parked behind (to the west) of the existing outbuilding. (Department of Planning Services) 3. Prior to recording the Change of Zone plat: A. The existing septic system shall be reviewed by a Colorado Registered Professional Engineer. The review shall consist of observation of the system and a technical review describing the systems' ability to handle the proposed hydraulic load. The review shall be submitted to the Environmental Health Services Division of the Weld County Department of Public Health and Environment. In the event the system is found to be inadequately sized, or constructed the system shall be brought into compliance with current Regulations. Evidence of Health Department approval shall be submitted to the Department of Planning Services. (Department of Public Health and Environment) B. The applicant shall attempt to address the requirements/concerns of the Longmont Soil Conservation District as stated in their referral received January 17, 2006. Written evidence of such shall be provided to the Department of Planning Services. (Longmont Soil Conservation District) C. The applicant shall attempt to address the requirements of the Mountain View Fire Protection District as stated in the referral received 1/13/2006. Written evidence of such shall be provided to the Department of Planning Services. (Mountain View Fire Protection District) D. The applicant shall complete all improvements in regards to screening to the satisfaction of the Department of Planning Services or enter into an improvements agreement regarding collateral for improvements and post adequate collateral for all proposed on-site improvements. The agreement and form of collateral shall be reviewed by County Staff and accepted by the Board of County Commissioners prior to recording the plat. (Department of Planning Services) E. A building permit application must be completed, and two complete sets of plans must be submitted for review for the outbuilding. Plans must include; plot plan showing the location of all the structures on the property with dimensions, floor plan for each building with dimensions, description of specific uses of all existing areas, type of construction, heating, electrical information, exits, windows, restrooms and details of parking, floors walls and stairs. The change of occupancy shall conform to the requirements of the 2003 International Building, Plumbing, Mechanical, and Fuel and Gas Codes, the 2002 National Electrical Code and Chapter 29 of the Weld County Code. (Department of Building 4 Hellmer PZ-1110 Inspection) 4. Prior to recording the Change of Zone plat, the plat shall be amended as follows: A. The applicant shall prepare a Site Plan Review map per Section 23-2-160.V and Section 23-2-160.W of the Weld County Code. Because the all the requirements of the Site Plan Review have been met, the applicant shall record one plat for the Change of Zone, which will serve as the Site Plan Review plat. The Change of Zone Map shall be drawn to meet the requirements of Section 23-2-50- D. (Department of Planning Services) B. The approved screening plan for outdoor storage of vehicles and equipment. All vehicles and equipment shall be screened from adjacent properties and county roads by a six (6) foot opaque fence. Vehicles shall be parked behind (to the west) of the existing outbuilding. (Department of Planning Services) C. All Easements shall be shown on the Change of Zone Plat in accordance with County standards. (Department of Planning Services) D. All sheets of the plat shall be titled PZ-1110. (Department of Planning Services) 5. 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) 6. Upon completion of 2. and 3. 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) 7. The Department of Planning Services respectively requests the surveyor provide a digital copy of this Use by Special Review. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles, Arclnfo Coverages and Arclnfo Export files format type is .e00. The preferred format for Images is .tif (Group 4). (Group 6 is not acceptable). This digital file may be sent to mapsco.weld.co.us. (Department of Planning Services) 8. The following notes and information shall be delineated on the Change of Zone plat: A. The PUD Change of Zone allows for storage of landscaping equipment and materials as set forth in Section 23-3-40.R of the Weld County Code along with uses allowed by right and accessory uses in the A (Agricultural) Zone District as set forth in Section 23-2-20 of the Weld County Code. (Department of Planning Services) 5 Hellmer PZ-1110 B. In accordance with the Weld County Code, no land, building or structure shall be changed in use or type of occupancy, developed, erected, constructed, reconstructed, moved or structurally altered or operated in the PUD Zone District until a Site Plan Review has been approved by the Department of Planning Services. (Department of Planning Services) C. The site shall be limited to one (1) '/z ton pickup, one (1) 1 %ton pickup, two (2) 1 ton pickups and one (1) '/ ton van, 3 snow plows, 4 mowers, two (2) 6 x 16 foot open trailers, two (2) 6 x 18 foot open trailers, one (1) 6 x 14 enclosed trailer, one (1) 100 CFM Towing Compressor, one (1) Bobcat 763 skidsteer and one (1) John Deere 4400 Tractor as stated in the application materials. (Department of Planning Services) D. A maximum of two (2) employee vehicles shall be allowed to park at the site as stated in the application materials. (Department of Planning Services) E. There shall be no parking of employee vehicles and/or landscaping vehicles/equipment within the right-of-way of County Road 3. (Department of Public Works) F. The business shall be limited to six (6) full-time employees as stated in the application materials. (Department of Planning Services) G. No storage of landscaping equipment and materials shall be allowed outside of the screened area. (Department of Planning Services) H. No retail sales of landscaping materials shall be allowed from the site. (Department of Planning Services) I. Hours of operation shall be from 7:00 AM to 5:30 PM Monday through Friday as stated in the application materials. (Department of Planning Services) J. Effective January 1, 2003, Building Permits issued on the site will be required to adhere to the fee structure of the Weld County Road Impact Program. (Department of Planning Services) K. 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) L. The site shall maintain compliance at all times with the requirements of Weld County Government. (Department of Planning Services) M. Any future structures or uses on site must obtain the appropriate zoning and building permits. (Department of Planning Services) 6 Hellmer PZ-1110 N. 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) O. 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) P. 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) Q. Fugitive dust shall be controlled on this site. (Department of Public Health and Environment) R. This facility shall adhere to the maximum permissible noise levels allowed in the Residential Zone as delineated in 25-12-103 C.R.S., as amended. (Department of Public Health and Environment) S. The site shall maintain compliance with the Weld County Code, at all times. (Department of Planning Services) T. The site must maintain in compliance with the Supplemental Procedures cited in Section 23-2-790 of the County Code. (Department of Planning Services) U. Approval of this plan may create a vested property right pursuant to Article VIII, Chapter 23 of the Weld County Code. (Department of Planning Services) V. 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) 9. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder. (Department of Planning Services) 10. In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005, should the plat not be recorded within the required sixty (60) days from the date the Administrative Review was signed a $50.00 recording continuance charge shall added for each additional 3 month period. 7 Hellmer PZ-1110 r DEPARTMENT OF PLANNING SERVICES 6-3/4‘...s, NORTH OFFICE . , (it 918 10TH CO Street GREELEY, CO 80631631 PHONE: (970) 353-6100, Ext. 3540 FAX: (970) 304-6498 W� D�• SOUTHWEST OFFICE 4209 CR 24.5 COLORADO LONGMONT, CO 80504 PHONE: (720) 652-4210, Ext. 8730 FAX: (720)652-4211 December 21, 2005 Charles&Teresa Hellmer 13775 CR 3 Longmont CO 80504 Subject: PZ-1110- Request for a Change of Zone from the R-1, (Low Density Residential)Zone District to PUD to allow for storage of landscaping equipment and materials along with uses by right in the A(Agricultural) Zone District on a parcel of land described as Lot A of RE-3492; Pt E2NE4 of Section 30, T3N, R68W 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 March 21,2006,at 1:30 p.m. This meeting will take place in the Hearing Room,Weld County Planning Department,4209 CR 24'/,, Longmont,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 Longmont and Mead Planning Commission for their review and comments. Please call Longmont at 303-651-8601 and Mead at 970-535-4477 for further details regarding the date, time, and place of this meeting. It is recommended that you and/or a representative be in attendance at the Longmont and Mead 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, atio Chris Gathman Planner PLANNING COMMISSIONERS' SIGN POSTING CERTIFICATE THE LAST DAY TO POST THE SIGN IS APRIL 3, 2006. 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, CHRIS GATHMAN, 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-1110 IN THE A (AGRICULTURAL) ZONE DISTRICT. CHRIS GATHMAN Name of Person Posting Sgn Lai°Signature of of Person Posting Sign STATE OF COLORADO ) ss. COUNTY OF WELD //,, The foregoing instrument was subscribed and sworn to me this Ill day of ( , 204. WITNESS my hand and official seal. Ali( I C 01102)J1 liVI)L Notary Public V) BILLIE J. MOORE IA NOTARY PUBLIC My Commission Expires: STATE OF COLORADO EXHIBIT ��` ) Y C\"C" \/ �� y • Y V 9/% y t / �. ! n� "'` .�.� .'. 1• S--.ri• it: -- ° L . ` t ..M� 4 w, ) rt. ,, + % 111k NOTICE w r -, i rJ r>,� t A PUBLIC HEARING CONCERNING r; .?y '' * ' wxlag7� THIS PROPERTY WILL BE HELD 4T* s gar 1 'fit ' 'µ K" ,.r 2+ '!JL-F li clt tip' Z r , ' h .:�7- C `^ �ya. 7 NK '�rrk<+'' 4..r zat --1 Nave. CI s P1'1 xf J(!.}•'�ir2' _ . 2Y '- AT , +r p„i \l�r sC a i3 y,. ;/ ' {� .iD, yfi I'�F L"+ .%rage� t�' , .Sf }..„,x,,, <r y4 ,yTY ,ix t rd<*. . ry a _ +.�t�tfe... 4AN( _ 'I F.Z ttFltrI1 (nyt / -�� d 1• f. si *. i ,...:=O-.-''? REQUEST : r r ' : 1Y+ !'yc..)76 ; .F `Ll`�'N�r4 j4�av,'.{'jfif '; � C45E NO _,ICRES , - 1 .CK if iT �,4a% a s ~. vr+l, '',' '- FOR MORE INFORMATION CALL ate ?^'� ! 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V. • id' ' .. • . e`Yl ` or • 4� _al : i �" i• s [[... a�• ,t18 Air- inn,/ tiraYi --"'-:.".::._...."0---- `t _ _ _ tr 03 / 31 / 2006 N.l �t \� t 9. t.w, Il • M1. w T .� Y .� c n r -MmAP `4 Pr . -� It _ . _ .�. - .03731 /2006- � • _ - __ 1• E: i 4z K • • e.1 03 / 31 / 2006 g..i‘ • MB �. avalenteensofer A ,,a..;,77 —a._ • sue . '-L' . .E^ - ? ' 03 / 31 / 2006 I: \' ,,ti jli)..1 d- • x. r X03 /31 / 2006 1/4„,... :.,... �. : S .. t, 4 V D • i , fi 4� s 'S' s Y ' %7'„ ,:" O e i r 6— f ;- • � _ 03 / 15 / 2006' reir J: . '. V4. 'i - w ‘ ` roa { • � Ft Arles' .. ):4 � _ .i-t��. -�°# fps , ..,..,."' �+" __ � ,� . er = 03 / 15 / 2006 • - •c r V at • • • • _ - • • 03 / 31 / 2006 � Y Lii 1 1 , T'ef . ` .•� I , . *• ti • de 03 / 15 / 2006 FIELD CHECK inspection date: 2/2006 & 3/15/2006 APPLICANT: Charles & Theresa Hellmer CASE #: PZ-1110 REQUEST: Change of Zone from R-1(Residential) Zone District to PUD to allow storage of landscaping equipment and materials along with uses allowed by right and accessory uses in the A(Agricultural) Zone District LEGAL: Lot A of RE-3492; Part E2NE4 of 30-3-68 LOCATION: West of and adjacent to CR 3 and approximately 1/4 mile south of State Highway 66 PARCEL ID #: 1207 30 100095 ACRES: +/- 2.5 acres Zonina Land Use N A N Single Family Residence E A E Ag land S A S Single family residences (across CR 3)/Ag land to the south W A W Ag land (single family residence 1/4 mile west) COMMENTS: Existing single family residences and outbuilding on the property. Vehicle and some materials storage for landscaping business behind (to the west of) garage/outbuilding. etie lajtett_ Signature H - House DV- Derelict Vehicles D - Ditch O - Outbuilding NCJ - Noncommercial Junkyard A-Access to property IS - Irrigation Sprinkler W - Wetlands MH - Mobile homes OG - Oil and Gas structures Note any commercial business/commercial vehicles that are operating from the site. Note if there is a site distance problem with the access Hello