HomeMy WebLinkAbout20020122.tiff INVENTORY OF ITEMS FOR CONSIDERATION
Applicant Carl and Pam Schaal Case Number Z-565
Submitted or Prepared
Prior to At Hearing
Hearing
1 Planning Commission Resolution
2 Staff Comments X
3 Department of Planning Services field check form X
4 Field check by Planning Staff x
5 Letter to Applicant X
6 Legal Notifications (2 pages) X
7 Application X
8 Preliminary Drainage Report- None
9 Referral list X
10 DPS Building Inspection X
11 WC Public Works X
12 City of Longmont x
/^ 13 WC Health and Environment X
14 DPS Zoning Compliance X
15 ST Vrain Valley School District
16 Colorado Division of Wildlife
17 Mt View Fire District
18 Larimer County X
19 Deed (5 pages) X
20 Surrounding Property Owners X
21 Soil Survey(6 pages) X
22 Other Legal (5 Pages) X
23 Longmont Letter X
24 Longs Peak Water X
25 Staff-6 Photos X
I hereby certify that the 25 items identified herein were submitted to the Department of Planning Services at
or prior to the scheduled Planning Commission hearing. I further certify that thes items were forwarded to
es" the Clerk to the Board's office.
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EX #iT Monica Daniels-Mika , Director
a 2002-0122
LAND USE APPLICATION
WIWDe SUMMARY SHEET
COLORADO
CASE NUMBER: Z-565 HEARING DATE: December 18, 2001
APPLICANT: Carl and Pamela Schaal
ADDRESS: 13900 WCR 1, Longmont, CO 80504
REQUEST: Change of Zone from R-1 (Residential) Zone District to 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
ACRES: 17+/- Acres PARCEL# 1207-30-20074
POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS
The criteria for review of this Change of Zone application is listed in Section 23-2-20 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 11-5-01
• Larimer County , referral received 11-06-01
• St Vrain Valley School District, RE-1J, referral received 11-13-01
• Weld County Zoning Compliance Officer, referral received 11-26-01
• Colorado Division of Wildlife, referral received 11-29-01
Weld County Department of Public Works, referral received 12-3-01
• Weld County Department of Public Health and Environment, referral received 12-3-01
• City of Longmont- 12/12/01
The Department of Planning Services'staff has not received responses from the following agencies:
• Longmont Soil Conservation District
• Town of Mead
• Town of Firestone
Schaal Change of Zone,Z-565,page 1
46)Ct*: CHANGE OF ZONE
ADMINISTRATIVE RECOMMENDATION
COLORADO
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
ACRES: 17+/- Acres PARCEL # 1207-30-20074
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. 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
Schaal Change of Zone,Z-565,page 2
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 July 2001, from The Longs Peak Water District stated that
the applicant shall meet additional requirements from the District.
The existing residential unit is served by an I.S.D.S. septic system. The Weld
County Department of Public Health and Environment reviewed this case and stated
that the existing septic was permitted.
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
Schaal Change of Zone,Z-565, page 3
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 Ill, 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)
r1
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)
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
Schaal Change of Zone,Z-565, page 4
,14-1}t
' DEPARTMENT OF PLANNING SERVICES
PHONE (970)353-6100, EXT.3540
FAX (9(970)304-04-64985 1555 N. 17TH AVENUE
COLORADO GREELEY, COLORADO 80631
October 31, 2001
Carl& Pamela Schaal
13900 WCR 1
Loveland CO 80504
Subject: Z-565- Request for a Change of Zone from R-1 (Residential)to A(Agricultural)Zone District on a parcel
of land described as NW4 of Section 30,T3N, R68W of the 6th P.M.,Weld County, Colorado.
Dear Applicants:
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 18,2001,at 1:30 p.m. This meeting will take place in Room
210,Weld County Planning Department, 1555 N. 17th Avenue, 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.8.01-1088)requires notification of all mineral estate owners
er" 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,Mead,and Firestone Planning Commission for their review
and comments. Please call Longmont at(303)651-8330,Mead at(970)535-4477,and Firestone at(303)833-3291 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, Mead, and Firestone 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,
Monica.Daniels-Mika
Planner
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FIELD CHECK inspection date: 11/30/01
CASE NUMBER: Z-565
APPLICANT: Carl & Pamela Schaal
LEGAL DESCRIPTION: NW4 Section 30, T3N, R68W of the 6`h PM, Weld
County Colorado
LOCATION: South of Hwy 66 and east of WCR 1
Zoning Land Use
N A (Agricultural) N Residential
E A (Agricultural) E Residential
S A (Agricultural) S Residental
W A (Agricultural) W Boulder County/Open Space
COMMENTS:
Access to the site is off WCR 1, a paved county road. Access is at an angle
and is very narrow.
There is a non commercial junk yard on the site consiting of two derelick
vehicles, misc. materials, campers, yard depri and green supplies
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