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Home My WebLink About20020121.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS r^ Moved by Cristie Nickles 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#: Z-565 PLANNER: Monica Daniels-Mika APPLICANT: Carl and Pamela Schaal REQUEST: Change of Zone from R-1 (Low Density Residential)Zone District to the A(Agricultural)Zone District. LEGAL DESCRIPTION: Part of the NW4 of Section 30, T3N, R68W of the 6th P.M., Weld County, Colorado. LOCATION: North of and adjacent to State Hwy 66; east of and adjacent to WCR 1 be recommended favorably to the Board of County Commissioners 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. states"the proposal is consistent with the Weld County Comprehensive Plan: 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." To change the zone on this property to (A)Agriculture would result in spot zoning and would be contrary to the Comprehensive Plan. The property under consideration is presently zoned (R-1) Low Density Residential and is surrounded by other (R-1) Low Density Residential zoned properties. A change of zone is warranted by the fact that the redistricting resulted in the creation of lots which today cannot meet the (R-1) Low Density Residential sewer requirement. Prior to 1981, the property was zoned (E) Estate. During the 1981 County wide redistricting, the entire Section 30 was changed to (R-1) Residential without regard to the services available. The nature and character of the neighborhood has historically and continues to be agriculturally orientated. West of the property is Boulder County Open Space land. While public sewer is a required element for(R-1) Residential properties it is not yet available to those properties in Section 30, therefore further concentration of residential uses cannot take place until public sewer is available. B. Section 23-2-30.A.2. states "the uses which would be allowed on the subject property by granting the change of zone will be compatible with the surrounding land uses." Much of the existing land use in this area is agricultural in nature. The properties to the west and north are in agricultural production. There is no proposed change in the use of the property at this time. The property owners wish to use the existing green houses as a Use By Right in the (A)Agricultural Zone District. The applicants are aware that should the use of the greenhouses exceed those uses allowed by right than a Use By Special Review permit will be required. C. Section 23-2-30.A.3. states "adequate water and sewer service can be made available to the site to serve the uses permitted within the proposed zone district. The site is presently being served by Longs Peak Water District and the proposed Change of Zone will not effect the number of residential units receiving water. In a referral letter, dated tl N� July 2001, from The Longs Peak Water District stated that the applicant shall meet Z Zr additional requirements from the District. K w IC-}J The existing residential unit is served by an I.S.D.S. septic system. The Weld County rw'o oWa�ee Department of Public Health and Environment reviewed this case and stated that the viimimommor existing septic was permitted. 2002-0121 Resolution Z-565 Carl Schaal Page 2 D. Section 23-2-30.A.4. states the"street or highway facilities providing access to the property are adequate in size to meet the requirements of the proposed zone districts." Access to the site is presently off of Weld County Road 1 (WCR 1 ) no additional access is proposed. Should the use of the site expand beyond those uses Allowed By Right the applicant shall address the concerns of the Weld County Department of Public Works as stated in their referral dated December 13, 2001. E. Section 23-2-30.A.5. states " 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. states"the proposed Change of Zone does not lie within any overlay district identified by the maps officially adopted by Weld County. The site is not involved in an intergovernmental agreement area. 2) Section 23-2-30.A.5.b. states"the proposed rezoning does not contain 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 extraction to any greater extent than under the present zoning of the property. 3) Section 23-2-30.A.5.c. states"the 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 R-1 (Low Density Residential)to A(Agricultural) is conditional upon the following: 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. 2. Prior to recording the Change of Zone plat: A. The following notes and information shall be delineated on the Change of Zone plat: 1) The Change of Zone allows for Agricultural Use by Right applications which shall comply with the (A)Agricultural Zone District requirements as set forth in Article III, Division I, Section 23-2-20 of the Weld County Code. (Department of Planning Services) 2) Any signage located on the property shall require building permits and adhere to Section 23-4-100 of the Weld County Code. The maximum sign face in the (A) Agricultural Zone District is sixteen (16) square feet. (Department of Planning Services) 3) The site shall maintain compliance at all times with the requirements of the Weld County Departments of Public Works, Public Health and Environment, and Planning Services. (Department of Planning Services) 4) Any future structures or uses on site must obtain the appropriate zoning and /'", building permits. (Department of Planning Services) 5) If applicable, installation of utilities shall comply with Article VII, Chapter 24, of the Weld County Code. (Department of Planning Services) Resolution Z-565 Carl Schaal Page 3 B. The Noncommercial Junk yard located on the site consisting of building materials, Derelict vehicles, wood, and miscellaneous materials shall be removed from the site. C. The Zoning Map shall be drawn to meet the requirements of Section 23-2-50- D. D. The Vicinity Map shall be drawn to meet the requirement of Section 23-2-50-C. E. The applicant shall pay the advertisement fee of twenty (20)dollars Motion seconded by Stephan Mokray. VOTE: For Passage Against Passage Michael Miller Cristie Nicklas Cathy Clamp Fred Walker Stephan Mokray John Folsom Luis Llerena Bruce Fitzgerald �-. 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 18, 2001. Dated the 18`"of December, 2001. Voneen Macklin Secretary Sheri Lockman read a letter from the Department of Planning Services requesting a continuance to January 15, 2002. The applicants are working on the roads with the Department of Public Works. Cristie Nicklas moved to continue Case USR - 1360 to January 15, 2002. Stephan Mokray seconded. Motion carried. CASE NUMBER: S-611 APPLICANT: Harlan Schultz/Schultz Minor Subdivision PLANNER: Kim Ogle LEGAL DESCRIPTION: Lot A of RE-2668, being part of the SW4 of Section 7,T4N, R68W of the 6th P.M.,Weld County, Colorado. REQUEST: Project Minor Subdivision Final Plan LOCATION: North of WCR 46 and east of and adjacent to WCR 1 Kim Ogle, Department of Planning Services, the Department of Planning Services is recommending a continuance to January 15, 2002 as there was no notice of the hearing posted in the newspaper. Cristie Nicklas moved to continue Case S-611 to January 15, 2002. Stephan Mokray seconded. Motion carried. CASE NUMBER: USR-1344 APPLICANT: Miller Motor Sports, LLC PLANNER: Monica Daniels-Mika LEGAL DESCRIPTION: Part of Section 11, T3N, R68W of the 6th P.M., Weld County, Colorado. REQUEST: A Site Specific Development Plan and Special Use Permit for an expansion to an existing Recreational Facility(Race Track), in the Agricultural Zone District . LOCATION: West of and adjacent to 1-25 Frontage Road; north of and adjacent to WCR 34. Monica Daniels Mika, Department of Planning Services, read a letter from the applicant requesting a continuance to February 19, 2002. Cristie Nickles moved to continue Case USR-1344 to February 19,2002. Stephan Mokray seconded. Motion carried. CASE NUMBER: Z-565 APPLICANT: Carl & Pamela Schaal PLANNER: Monica Daniels-Mika LEGAL DESCRIPTION: NW4 of Section 30,T3N, R68W of the 6th P.M., Weld County, Colorado. REQUEST: Change of Zone from R-1 (Residential) to A (Agricultural) Zone District. LOCATION: South of Hwy 66 and west of WCR 1. Monica Daniels Mika,Department of Planning Services presented Case Z-565,reading the recommendation and comments into the record. The Department of Planning Services is recommending approval of the application. Michael Miller asked about the limitations there are on Use By Right options in the Agricultural Zone District. Ms. Mika stated that there is the ability to have a greenhouse but employees are not allowed and the signage is to stay within the sixteen square foot sign requirements. The greenhouse has the ability to sell as a wholesale business with the products sold on the site but cannot be expanded to a more commercial in nature business. Carl Schaal,applicant,stated that Ms.Mika covered all the pertinent information and he does not want people coming to his home. The signage is not an issue as he does not believe he will require it. Cristie Nicklas asked about the non-commercial junkyard. Ms.Mika stated that the non commercial junkyard consist of non agricultural related items. The ordinance states that it must be screened from public rights-of- way or adjoining properties. Mr. Schaal added that he has already started the process of getting the owners of the vehicles to pick them up. The Chair asked if there was anyone in the audience who wished to speak for or against this application. No one wished to speak. Cristie Nicklas moved that Case Z-565, be forwarded to the Board of County Commissioners along with the Conditions of Approval and Development Standards with the Planning Commissions recommendation of approval. Stephan Mokray seconded the motion. The Chair asked the secretary to poll the members of the Planning Commission for their decision. John Folsom,yes;Stephan Mokray,yes; Michael Miller,yes;Cathy Clamp,yes; Cristie Nicklas,yes; Fred Walker, yes; Luis Llerena, yes; Bruce Fitzgerald, yes. Motion carried unanimously. CASE NUMBER: Z-566 APPLICANT: Guy Jensen PLANNER: Lauren Light LEGAL DESCRIPTION: Lot B of RE-2303; Pt. of the E2 of Section 35, T2N, R67W of the 6th P.M., Weld County, Colorado. REQUEST: Change of Zone from A(Agricultural)to E (Estate). LOCATION: West of and adjacent to WCR 23;north of and adjacent to WCR 14 1/2. Lauren Light, Department of Planning Services presented Case Z-566, reading the recommendation and comments into the record. The Department of Planning Services is recommending approval of the application. Kurt Goble,agent for the applicant, addressed the mineral owners issues. Mr. Goble stated that they are in contact with both of them and he does not anticipate any problems with completing the agreements with either entity. The Chair asked if there was anyone in the audience who wished to speak for or against this application. No one wished to speak. John Folsom asked Drew Scheltinga, Department of Public Works, about the WCR 14.5 road status being collector or not. Mr.Scheltinga stated that he thought WCR 14.5 is a local on the present plan. Mr. Fitzgerald asked about the ditch being impacted if the right-of-way is expanded. Mr. Goble stated that the ditch being referred to is primarily for Lot 1 and some drainage issues. Mr. Scheltinga stated that it is not an uncommon situation to obtain the ditch with the policy being to relocate the ditch at the county expense. Cristie Nicklas moved that Case Z-566, be forwarded to the Board of County Commissioners along with the Conditions of Approval and Development Standards with the Planning Commissions recommendation of approval. Stephan Mokray seconded the motion. The Chair asked the secretary to poll the members of the Planning Commission for their decision. John Folsom,yes;Stephan Mokray,yes; Michael Miller,yes;Cathy Clamp,yes;Cristie Nicklas,yes; Fred Walker, yes; Luis Llerena, yes; Bruce Fitzgerald, yes. Motion carried unanimously. CASE NUMBER: USR-1363 APPLICANT: Morning Fresh Farms, Inc. PLANNER: Lauren Light LEGAL DESCRIPTION: Part of Section 15, T3N, R66W of the 6th P.M., Weld County, i,..mmabs Colorado. /`, REQUEST: A Site Specific Development Plan and a Special Review Permit for iar a Livestock Confinement Operation (Commercial Egg Farm, • Compost Sales,Wood Grinding Operation,and Two(2)Employee K N Residences) in the A(Agricultural)Zone District. LOCATION: East of and adjacent to WCR 31; south of and adjacent to WCR W U[1 r*`rrrrlr� Hello