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Home My WebLink About20040083.tiff INVENTORY OF ITEMS FOR CONSIDERATION Applicant CC Land LLC, c/o Edwin J. Case Number CZ-1049 Chamberlain Submitted or Prepared Prior to At Hearing Hearing 1 Staff Comments X Request for change to proposal (Emv;y II/,'y'`-y wcLLOPP4'°T'aJ Department of Planning Services Field Check Form Letter to Applicant Affadavit of sign posting Legal Notifications 2 Application X Maps Deed Surrounding Property/Mineral Owners 3 Referral List X Referrals without comment Windsor-Severance Fire Protection District, referral received 10/2/2003 4 Referrals with comments X Weld County Department of Public Health and Environment, referral received 11/5/2003 Town of Windsor, referral received 11/10/2003 Weld County Building Inspection, referral received 10/27/2003 Weld County Sheriffs Office, referral received 10/24/2003 Colorado Department of Transportation, referral received 10/27/2003 Weld County Department of Public Works, referral received 10/23/2003 Weld County Zoning Compliance Officer, referral received 11/12/2003 I hereby certify that the 4 items identified herein were submitted to the Department of Planning Services at or prior to the scheduled Board of County Commissioners hearing. , (2 f)(71271 LAA/ Sheri Lockman ❖ Planner II 2004-0083 At ' I LA ND USE APPLICATION WUDc. SUMMARY SHEET COLORADO PLANNER: Sheri Lockman HEARING DATE: December 2, 2003 CASE NUMBER: CZ-1049 APPLICANT: CC Land LLC, c/o Edwin J. Chamberlain ADDRESS: 9050 Highway 392, Windsor, CO 80550 REQUEST: Change of Zone from the A (Agricultural)Zone District to C-3(Business Commercial)Zone District. LEGAL: Lot B RE-358 being part of the NW4 Section 22, T6N, R67W of the 6th P.M., Weld County, Colorado. LOCATION: 250 feet south of State Highway 392 and east of and adjacent to State Highway 257 ACRES: 8.87 acres, more or less PARCEL#:0807 22 000039 POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS The Department of Planning Services'staff has received responses from the following agencies: • Windsor-Severance Fire Protection District, referral received 10/2/2003 • Weld County Zoning Compliance Officer, referral received 11/12/2003 • Weld County Department of Public Works, referral received 10/23/2003 • Town of Windsor, referral received 11/10/2003 • Weld County Building Inspection, referral received 10/27/2003 • Weld County Department of Public Health and Environment, referral received 11/5/2003 • Colorado Department of Transportation, referral received 10/27/2003 • Weld County Sheriff's Office, referral received 10/24/2003 The Department of Planning Services'staff has not received responses from: • Great Western Railroad • Colorado and Southern Railroad • Town of Severance EXHIBIT CZ-1049 CC Land LLC page 1 146 4V\fN CHANGE OF ZONE ADMINISTRATIVE RECOMMENDATION COLORADO PLANNER: Sheri Lockman HEARING DATE: December 2, 2003 CASE NUMBER: CZ-1049 APPLICANT: CC Land LLC, c/o Edwin J. Chamberlain ADDRESS: 9050 Highway 392, Windsor, CO 80550 REQUEST: Change of Zone from the A (Agricultural)Zone District to C-3(Business Commercial)Zone District. LEGAL: Lot B RE-358 being part of the NW4 Section 22, T6N, R67W of the 6th P.M., Weld County, Colorado. LOCATION: 250 feet south of State Highway 392 and east of and adjacent to State Highway 257 ACRES: 8.87 acres, more or less PARCEL#:0807 22 000039 r 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.-That the proposal is consistent with the Weld County Comprehensive Plan. The site will encourage the expansion of the commercial economic base and provide employment opportunities for Weld County citizens. C.Goal 2 states "Encourage the expansion and diversification of the commercial economic base." The Department of Planning Services staff finds the proposal,with the attached Conditions of Approval,satisfies both UGB Goal 2 and 3. UGB.Goal 2 states"Concentrate urban development in or adjacent to existing municipalities...or where urban infrastructure is currently available or reasonably obtainable."The site lies within the Urban Growth Boundary for the Town of Windsor. UGB Goal 3 states"The County and the municipality should coordinate land use planning in urban growth boundary areas, including development policies and standards, zoning, street and highway construction...and other matters affecting orderly development." The applicant has coordinated with the Town of Windsor to ensure the Town is in agreement with the proposal. CZ-1049 CC Land LLC page 2 B. Section 23-2-30.A.2. -The uses which would be allowed on the subject property by granting the change of zone will be compatible with the surrounding land uses. The lot is in close proximity or adjacent to the Town of Windsor on all sides. The change of zone area has been reduced to address concerns raised by the Town. This amended area is currently being used to display cars from the adjacent car dealership. The applicant has entered into an agreement with the Town for water and sewer service. The agreement requires annexation into the Town once certain thresholds are met. Surrounding land uses include a residence to the east, agricultural to the north and east, a commercial car dealership to the north, Industrial to the south,and a baseball field and cemetery to the west. A Site Plan Review is being required for the commercial use that is currently occurring on the property. Items addressed through the Site Plan Review include, but are not limited to, number of employees, building construction, signage, landscape treatment, drainage, parking, outside storage, loading service areas and environmental criteria. The Site Plan Review will further ensure compatibility with surrounding land uses. C. Section 23-2-30.A.3. -Adequate water and sewer service can be made available to the site to serve the uses permitted within the proposed zone district.The applicant has entered into an agreement with the Town of Windsor for water and sewer service. The agreement requires annexation into the Town once certain thresholds are met. D. Section 23-2-30.A.4. - Street or highway facilities providing access to the property are adequate in size to meet the requirements of the proposed zone districts. The site is accessed from State Highways 392 and 257. The applicant is being required to submit evidence that all Colorado Department of Transportation requirements and concerns will be addressed. E. Section 23-2-30.A.5.- 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. - The proposed Change of Zone does not lie within any overlay district identified by the maps officially adopted by Weld County. 2) Section 23-2-30.A.5.b.-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. - 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 A (Agricultural) to C-3 Business Commercial) 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. All pages of the plat shall be labeled CZ-1049 (Department of Planning Services) B. The vicinity map shall be amended on the plat to adhere to Section 23-2-50.C of the Weld County Code. (Department of Planning Services) CZ-1049 CC Land LLC page 3 C. The Property Owner's Certificate on the plat shall be amended to read "I (We), the undersigned, being the sole owners in fee of the above described property do hereby certify the zoning as shown on the attached map. (Department of Planning Services) D. The boundary(perimeter)of the proposed change of zone shall not include Lot A of RE-358. The change of zone area must be shown distinctly on the change of zone plat. (Department of Planning Services) E. Easements shall be shown in accordance with County standards and shall be dimensioned on the change of zone plat. (Department of Planning Services,Department of Public Works) F. State Highway 392 is classified by the County as a state highway. The applicant shall coordinate with CDOT the requirements for right-of-way and access on State Highway 392 and provide a letter of confirmation to Public Works. The applicant, on the change of zone plat,shall show and label the right-of-way recognized by CDOT. This state highway is paved. (Department of Public Works) G. State Highway 257 is classified by the County as a state highway. The applicant shall coordinate with CDOT the requirements for right-of-way and access on State Highway 257 and provide a letter of confirmation to Public Works. The applicant, on the change of zone plat,shall show and label the right-of-way recognized by CDOT. This state highway is paved. (Department of Public Works) H. The applicant shall coordinate with the railroads the requirements for rights-of-way and provide a letter of confirmation to Public Works. The applicant, on the change of zone plat, shall show and label the rights-of-way recognized by the railroads. (Department of Public Works) The applicant shall address the issues previously outlined to the satisfaction of the Weld County Department of Public Works. Any issues of concern must be resolved with the Department of Public Works prior to recording the change of zone plat. Written evidence of approval shall be submitted to the Department of Planning Services. (Department of Public Works) J. The applicant shall address the requirements(concerns)of the Town of Windsor,as stated in the referral response dated November 7, 2003. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. K. The applicant shall submit evidence of who has the authority to sign for CC Land LLC. (Department of Planning Services) L. The property is in violation of Chapter 23 of the Weld County Code(Violation#0200198).The applicant shall submit a Site Plan Review to the Department of Planning Services for the existing car dealership. (Department of Planning Services) M. The following notes shall be delineated on the Change of Zone plat: 1) The Change of Zone allows for C-3(Business Commercial)uses which shall comply with the C-3 Zone District requirements as set forth in Section 23-3-230 of the Weld County Code. (Department of Planning Services) 2) The site shall maintain compliance at all times with the requirements of Weld County Government. (Department of Planning Services) 3) The site shall maintain compliance at all times with the Performance Standards listed in Section 23-3-250 of the Weld County Code. (Department of Planning Services) 4) The site shall maintain compliance at all times with the Design Standards listed in CZ-1049 CC Land LLC page 4 Chapter 24, Article VII of the Weld County Code, if applicable. (Department of Planning Services) 5) Any future structures or uses on site must obtain the appropriate zoning and building permits. (Department of Planning Services) 6) The applicant shall adhere to all Site Plan Review requirements, as defined in Chapter 23,Division 3 of the Weld County Code. (Department of Planning Services) 7) The property owners have entered into an agreement with the Town of Windsor which may require annexation prior to development on the lots. Prior to the release of building or septic permits from Weld County, the property owner must submit evidence that the proposed development is not applicable to the agreement or that the Town of Windsor does not wish to enforce the agreement. (Departments of Public Works and Planning Services) 8) The proposed zone change to a commercial use may possibly contribute significant traffic to the surrounding area. The applicant may be required to participate and contribute to improvements to the surrounding transportation infrastructure at the Site Plan Review application. (Department of Public Works) 9) At the time of the Site Plan Review, roadway and grading plans along with construction details will be required. (Department of Public Works) 10) At the time of the Site Plan Review, a drainage report signed by a professional engineer, licensed in the state of Colorado, shall be submitted to the Weld County Department of Public Works. (Department of Public Works) 11) Building permits shall be obtained prior to the construction of any new building. A plan review is required for each building. Plans shall bear the wet stamp of a Colorado registered architect or engineer. Two complete sets of plans are required when applying for each permit. (Department of Building Inspection) 12) Each building will require an engineered foundation based on a site-specific geotechnical report or an open hole inspection performed by a Colorado registered engineer. Engineered foundations shall be designed by a Colorado registered engineer. (Department of Building Inspection) 13) New buildings shall conform to the requirements of the codes adopted at the time of permit application. Currently, the following codes have been adopted: 1997 Uniform Building Code; 1998 International Mechanical Code; 1997 International Plumbing Code;2002 National Electrical Code and Chapter 29 of the Weld County Code. (Department of Building Inspection) 14) All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5,C.R.S.)shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination.(Department of Public Health and Environment) 15) 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) 16) 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) CZ-1049 CC Land LLC page 5 17) Fugitive dust shall be controlled on this site. (Department of Public Health and Environment) 18) The facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone District as delineated in 25-12-103,C.R.S. (Department of Public Health and Environment) 19) The applicant shall provide written documentation that the Town of Windsor will not provide sewer service before a septic system will be approved for use. (Department of Public Health and Environment) 3. At time of Site Plan Review: A. At the time of the Site Plan Review, a professional traffic impact study shall be submitted to more fully understand the traffic impacts with this change of zone. (Department of Public Works) CZ-1049 CC Land LLC page 6 4 (ei" DEPARTMENT OF PLANNING SERVICES PHONE (970)353-6100, EXT.3540 FAX (970)304-6498 1555 N. 17TH AVENUE Illik GREELEY, COLORADO 80631 COLORADO September 25,2003 CC Land LLC c/o Edwin Chamberlain 9050 Hwy 392 Windsor CO 80550 Subject: CZ-1049- Request for a Change of Zone from A(Agricultural)Zone District to C-3(Business Commercial) Zone District on a parcel of land described as Lot B of RE-358; being part of the NW4 Section 22, T6N, R67W 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 2,2003,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.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 Severance and Windsor Planning Commission for their review and comments. Please call Severance at(970)686-1218 and Windsor at(970)686-7476 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 Severance and Windsor 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 fifteen 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, z 44/M:14, heri Lockman Planner PLANNING COMMISSIONERS' SIGN POSTING CERTIFICATE __ THE LAST DAY TO POST THE SIGN IS nN\) \Lk 03 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, VONEEN MACKLIN, HEREBY CERTIFY UNDER PENALTIES OF PERJURY THAT THE SIGN WAS POSTED ON THE PROPERTY AT LEAST TEN DAYS BEFORE THE PLANNING COMMISSIONERS HEARING FOR et Ibt4CI IN THE A (AGRICULTURAL) ZONE DISTRICT. VONEEN MACKLIN Name of Person Posting Sign Signature of Person Posting Sign STATE OF COLORADO )ss. COUNTY OF WELD The foregoing instrument was subscribed and sworn to me this J qt day of 2b i , 2003. WITNESS my hand and official seal. 1 4 Notary Public My Commission Expires: s• . � 1 I . / Y , • 1 . 1 1 f ' ' 5 J 1 • tte"'•.46 tit { % itOc NOTICE wiOc t ,r : : ait � , , . c ' • A PUBLIC HEARING CONCERNING I,t, : •; ..1 ` 4.` ' ../1: 'sr P . THIS PROPERTY WILL BE HELD AT. , ii,fctc,�, r :. A , ` C . s � • • ..•;.nf9I Ortiz? r:� rtrout r- titiiit a ni FS Yu c‘� �� f. •4 It • .� ,;{• , •4 y + k k ON - z: V, :l , 20l AT I IC' 11` t X6 ' 4 •.': 1 •��} petit of Zone Fr!vi rill /ill- C-3 trl I� +;�Y IL i r i REQUEST 5,x•r:ss r'c.•'i•'.rc•.l) �;, - `Y > r c", ` ‘C' f�►. ,r ,- CASE N0 % ,YYIR r. `I ACRES r, J lar .,C •i !'" "� 1 FOR MORE INFORMATION CALL ' , tic, t.._► �� ' +yid WELD COUNTY DEPARTMENT OF t'J �-: - �;� . t- • :lit_i'. '�•, t•940% PLANNING SERVICES AT f k ,ti,s. , `t C ' >rev (910 )353 -6100 ext . 3540 '� �'wj t -- ' ^ ' /. 1 - \ , k . 1 - ..,brsas.,..•,ir�i..loi.cr� __ __ _ _ ' ��.�� OPIIIPIrr Say 4• ! x e � �-- — . i - �_ • —macs 4 - - 'r AN% v I � rt • c(. tb•. `^Y ''' ' _ �+`I`� -'O,o..,%,% ► 1 . "y� ^':.—_ • ''' jam - t,1. -. ' 0' •a , 3 . .?>:;,.,-!-•,-- - 3 <:_, � . .O },- • ,.t �: • t. , t'; y ` t . . 1 I ' ; ' 1 m b '-.._—, .r t } • - n f, - ` tr ' • I 74. ".'J r• y 6 , e— ' . • . ittyia;t1': • " t . --) • • I _ ;A : - is �� r...r- ;,',�' ` sa - . ems , ail _ ., 1 1 • TJ "'ii FIELD CHECK inspection date:10/23/2003 CASE NUMBER: CZ-1049 APPLICANT: Edwin J. Chamberlain, CC Land LLC LEGAL DESCRIPTION: Lot B RE-358, being part of the NW4 Section 22, T6N, R67W of the 6TH P.M., Weld County, Colorado LOCATION: South of and adjacent to Highway 392 east of and adjacent to Highway 257 Zonina Land Use N A (Agricultural) N Agricultural / Residential E A (Agricultural) E Agricultural / Residential S A (Agricultural) S Railroad tracks/ Industrial uses W A (Agricultural) W Cemetery / baseball fields COMMENTS: Most of the site is currently covered by Champion Chevrolet. Accesses exist from both state highways. zit AldiErG Sheri Lockman , Planner II Hello