HomeMy WebLinkAbout20040087.tiff Memorandum
TO: Sheri Lockman, W.C. Planning
WI I
CDATE: November 5, 2003
FROM: Pam Smith, W.C. Department of Pu lie
COLORADO Health and Environment \ CJ
CASE NO.: CZ-1049 NAME: CC Land, LLC
The Department has reviewed the request to change from Agricultural Commercial (C-3). This lot is
currently undeveloped. This property is adjacent to the Town of Windsor and is anticipated to be
within 400 feet of a municipal sewer line. The application proposed to install a septic system.
However, Section 30-2-120 of the Weld County Code states:
`Permits to construct, extend or replace an individual sewage disposal system shall be denied
if a community sewer is within four hundred (400)feet of the applicant's dwelling, place of
business or institution; and if the municipality or district agrees to provide sewer service.'
Therefore, the Department will require the applicant to provide written documentation that the Town
of Windsor will not provide sewer service before a septic system will be approved for use.
The Department recommends approval of this application with the following conditions:
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.
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.
3. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive
dust, blowing debris, and other potential nuisance conditions.
4. The applicant shall submit a waste handling plan, for approval, to the Environmental Health
Services Division of the Weld County Department of Public Health & Environment. The plan
shall include at a minimum, the following:
1) A list of wastes that are expected to be generated on site (this should include expected
volumes and types of waste generated).
2) A list of the type and volume of chemicals expected to be stored on site.
3) The waste handler and facility where the waste will be disposed (including the facility
name, address, and phone number).
5. Fugitive dust shall be controlled on this site.
EXHIBIT
2004-0087
1
CASE NO.: CZ-1049
NAME: CC Land, LLC
6. This facility shall adhere to the maximum permissible noise levels allowed in the Commercial
Zone as delineated in 25-12-103 C.R.S., as amended.
7. 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
O:\PAM\PLANNI NG\CHZONE\CZ1049.RTF
•
WINDSOR
Town of Windsor
301 Walnut Street• Windsor, Colorado 80550 •970-686-7476•Fax:970-686-7180 • www.ci.wtndsor.co.us
COLO
November 7, 2003
Sheri Lockman, Weld County Planner
Weld County Dept. of Planning Services
1555 N. 17th Avenue
Greeley, Colorado 80631
Subject: Change of Zone (CZ-1049)—Edwin J. Chamberlain, CC Land, LLC
(Champion Chevrolet/Holman Development, LLC)
Dear Ms. Lockman:
The Town of Windsor Planning Commission reviewed this referral at its regular meeting of
November 6, 2003 with the applicant present. The applicant indicated that they are in
agreement with the conditions contained herein.
The subject property is located within the Town's Growth Management Area (GMA), the
East Main Street Corridor Plan (EMSCP) area and the Cooperative Planning Area as depicted
in the Town's Intergovernmental Agreement (IGA) with the Town of Severance. The parcel
contains two different land use depictions according to the Town's Land Use Plan map. The
northern portion of the property is depicted as General Commercial, with Light Industrial
depicted approximately 1/8 mile south of SH 392 extending to the southern property line.
The General Commercial and Light Industrial land use depictions allow for a variety of
commercial and industrial activities including automobile sales.
Since the subject site is located within the Town's GMA and it is probable that the site will
eventually become encompassed by the Town, it is expected that both parcels will be annexed
to the Town in the future. The Town currently does not have a vehicle use tax and the
applicant feels this puts them at a competitive disadvantage and therefore does not wish to
annex at the present time. The applicant has, however, entered into an agreement with the
Town for water and sewer service (please see enclosed copy of agreement) that requires
annexation to the Town once certain thresholds are met.
The current agreement requires that, in the interim period prior to annexation, at such time
that Parcel 2 (existing Lot B of RE-358) develops, such development shall be required to
comply with all requirements and development standards of the Town's EMSCP. However,
given the new circumstances created by the amended recorded exemption application and this
change of zone application, it appears as though the applicant may intend to expand the size
PP � PP g PP P
of Lot A with AmRE-358 in order to make the lot line coincide with the existing expanded
automobile sales lot and to remove any automobile sales from Lot B. Due to the fact that (1)
the ultimate use of the vacant parcel (future Lot B of AmRE-358) is unknown at this time; (2)
the potential uses allowed in the C-3 zone district may be incompatible with the Town's land
use map; (3) the subject parcel is located within the Town's GMA, the EMSCP area and the
Town's Cooperative Planning Area per the Town's IGA with the Town of Severance; and (4)
the subject property is dependent upon the Town for water service and the Town has an
agreement with the applicant regarding utility service to both parcels, the Planning
Commission recommends that Lot B not be rezoned to C-3 and be referred to the Town for
annexation prior to development if for a use other than for the principal purpose of selling
new or used motor vehicles.
Since the existing automobile sales land use on Lot A is consistent with both the proposed
County zoning and the Town's GC-PUD zoning, it appears appropriate for Lot A of AmRE-
358 to be rezoned to C-3. However, since Lot A is located within the EMSCP, as well as the
Windsor — Severance IGA Cooperative Planning Area, any future site plan amendments for
the recent expansion or future expansion, redevelopment or other changes to the existing auto
sales lot on Lot A should be referred to the Town for review for compliance with the adopted
development standards.
Finally, in order to reiterate the Planning Commission's recommendation regarding AmRE-
358, adequate right-of-way needs to be dedicated with the amended recorded exemption plat
along the northern and western property lines in accordance with the Colorado Department of
Transportation (CDOT) requirements and the applicant needs to provide verification that the
location of the access has been approved by CDOT and that the access permit has been
approved for the expanded commercial uses. It is the Town's understanding that CDOT has
not yet approved the applicant's access permit application and, therefore, it may be premature
to approve AmRE-358 as the final outcome of the access permit may impact the location of
the lot line or may necessitate additional access easements to provide access across one or
both parcels. The applicant's agreement with the Town for water and sewer service will also
need to be amended in order to reflect the legal descriptions created by AmRE-358.
Therefore, based upon the aforementioned information, the Planning Commission
recommends (1) denial of the change of zone for Lot B of AmRE-358; and (2) conditional
approval of the change of zone for Lot A of AmRE-358 subject to the following
requirements:
1) In accordance with the Town's East Main Street Corridor Plan and IGA with the
Town of Severance, any future site plan amendments for existing, expansion,
redevelopment or other changes to the existing auto sales lot on Lot A shall be
referred to the Town for review for compliance with the adopted development
standards.
2) Upon the first proposal for future development of Lot B, AmRE-358, other than for
the principal purpose of selling new or used motor vehicles, the applicant shall be
required to prepare the required annexation submittal petitions and document and
shall apply for annexation to the Town of Windsor.
3) The applicant shall provide the Town with updated information resulting from the
pending amended recorded exemption (AmRE-358) for review by the Town Attorney
with regard to the agreement between the Town and the applicant regarding water and
sewer service. Such information shall include new parcel legal descriptions. Based
upon the review of such information, the existing agreement shall be amended as
determined necessary by the Town.
Thank you for the opportunity to review this proposal.
Sincerely,
V J"ll
colt Ball a�CP
Senior Planner
pc: Rod Wensing, Town Administrator
Dennis Wagner, Town Engineer
John P. Frey, Town Attorney
Danielle Z. Johnson, Assistant Town Attorney
Amelia Tuttle, Town Planner
Town of Severance
Tess Jones, CDOT
Gloria Hice-Idler, CDOT
Jon Holman, applicant's representative
TOWN OF WINDSOR
RESOLUTION NO. 2003- 58
BEING A RESOLUTION RATIFYING, APPROVING, AND CONFIRMING THE TERMS
AND CONDITIONS OF AN AGREEMENT BETWEEN THE TOWN OF WINDSOR AND
CC LAND, LLC.
IT IS HEREBY RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF
WINDSOR, COLORADO, AS FOLLOWS:
1. That the Town of Windsor hereby ratifies, approves and confirms the terms and
conditions of the Agreement dated the 28th day of July , 2003, between the
Town of Windsor and CC Land, LLC, a copy of which is attached hereto and made a part hereof.
2. That the Town of Windsor hereby authorizes the Mayor of the Town to execute said
Agreement on behalf of the Town.
Upon motion duly made, seconded and carried, the foregoing Resolution was adopted this
28th day of July , 2003.
TOWN OF WINDSOR, COLORADO
By ,"6/47 s'L l/ z ), L/
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AGREEMENT
THIS AGREEMENT is made and entered into this 28th day of July
2003, by and between the TOWN OF WINDSOR, COLORADO, a statutory municipality,
hereinafter referred to as "the Town," and CC LAND, LLC, hereinafter referred to as "CC
Land."
WITNESSETH:
WHEREAS, CC Land is the owner of certain real property located at the intersection of
Colorado State Highways 257 and 392 in Weld County,Colorado, said property commonly known
as 9050 Highway 392, Windsor, Colorado 80550, and being more fully described in the body of
this Agreement; and
WHEREAS, the subject property is adjacent to the Town of Windsor and was annexed to
the Town on October 8, 1984, and was subsequently disconnected from the Town on
December 8, 1997; and
WHEREAS,by agreement with CC Land,Champion Chevrolet currently operates a motor
vehicle dealership on the subject property; and
WHEREAS,the subject property is served by a three-fourth(3/4)-inch water service from
the Town of Windsor, pursuant to that certain Water Services Agreement between the Town and
Kennedy Chevrolet, Inc., dated January 12, 1998; and
WHEREAS, CC Land has petitioned the Town to expand the 3/4-inch water service to a
one (1)-inch service and has further petitioned for an additional one (1)-inch water service to
enable Champion Chevrolet to expand its existing automobile dealership; and
WHEREAS, on or about December 11, 2002, the Windsor Water and Sewer Board
recommended that CC Land's requests be granted subject to the conditions hereinafter set forth;
and
WHEREAS, by the terms of this Agreement, the parties desire to set forth their full
agreement with regard to the enlargement of the current water service, the granting of new water
service, and the specific conditions to be placed upon such services;
NOW,THEREFORE,IN CONSIDERATION OF THE FOREGOING RECITALS,THE
MUTUAL COVENANTS CONTAINED HEREIN, AND OTHER GOOD AND VALUABLE
Champion Chevrolet Agreement 07-21-03/JPF/fown of Windsor
CONSIDERATION, THE RECEIPT AND SUFFICIENCY OF WHICH ARE HEREBY
ACKNOWLEDGED, CC LAND AND THE TOWN HEREBY AGREE AS FOLLOWS:
1. Preamble. The parties acknowledge that the recitals set forth above are true and
correct, and those recitals are incorporated into the body of this Agreement.
2. Subject Real Property. CC Land warrants that it is the owner in fee simple of the
following parcels of real property, which are the subject of this agreement:
PARCEL 1:
LOT A OF RECORDED EXEMPTION NO. 0807-22-2-RE 358,
RECORDED DECEMBER 22, 1978, IN BOOK 855 AT RECEPTION
NO. 1776628,BEING A PART OF THE NORTHWEST QUARTER OF
SECTION 22, TOWNSHIP 6 NORTH, RANGE 67 WEST OF THE 6TH
P.M., COUNTY OF WELD, STATE OF COLORADO.
For purposes of this Agreement, the aforesaid real
property shall be referred to as "Parcel 1."
PARCEL 2:
LOT B OF RECORDED EXEMPTION NO. 0807-22-2-RE 358,
RECORDED DECEMBER 22, 2978, IN BOOK 855 AT RECEPTION
NO. 1776628,BEING A PART OF THE NORTHWEST QUARTER OF
SECTION 22, TOWNSHIP 6 NORTH, RANGE 67 WEST OF THE 6TH
P.M., COUNTY OF WELD, STATE OF COLORADO.
For purposes of this Agreement, the aforesaid real
property shall be referred to as "Parcel 2."
3. Enlargement of Existing Water Service to Parcel 1. CC Land shall be entitled
to enlarge its existing 3/4-inch water service to a 1-inch water service on Parcel 1. All costs
related to the expansion of this service, including but not limited to all costs of connection, shall
be the sole responsibility of CC Land. Prior to connecting to the 1-inch service, CC Land shall
pay to the Town the then existing out-of-town plant investment fee for 1-inch water service, less
a credit for the then existing in-town plant investment fee for the 3/4-inch water service. For
informational purposes, the current out-of-town plant investment fee for 1-inch water service is
$19,440, and the current in-town plant investment fee for 3/4-inch water service is $6,000.
CC Land shall not be required to make any raw water dedication or cash-in-lieu payments to the
Town for the enlarged water service.
4. New 1-Inch Water Service for Parcel 2. Pursuant to the terms of this Agreement,
CC Land shall be entitled to a new 1-inch water service on Parcel 2. All costs related to this
2 Champion Chevrolet Agreement 07-21-03/JPF/Town of Windsor
service, including but not limited to all costs of connection, shall be the sole responsibility of
CC Land. At the time of connecting the 1-inch service, CC Land shall pay to the Town the then
existing out-of-town plant investment fee for 1-inch water service. Likewise, CC Land shall be
required to make such raw water dedication or cash-in-lieu payments to the Town for the water
service, in accordance with the rules and regulations of the Town enacted pursuant to the
provisions of the Windsor Municipal Code.
5. Sewer Connection. The parties acknowledge that the Town's East Side Sewer
Interceptor is capable of providing sewer service to Parcels 1 and 2. Upon the approval of any
development proposal for Parcel 2, CC Land shall, as a condition of continued water service to
Parcel 1 and new service to Parcel 2 and at its sole expense, connect Parcels 1 and 2 to the Town's
East Side Sewer Interceptor. CC Land shall be required to pay all costs of connection to the
Town's East Side Sewer Interceptor, including but not limited to, out-of-town plant investment
fees. It is understood and agreed that upon connection to the Town's East Side Sewer Interceptor,
CC Land may be entitled to a reimbursement agreement under the provisions of the Windsor
Municipal Code for subsequent connections to the East Side Sewer Interceptor by adjacent
properties specially benefited by CC Land's construction of sewer lines necessary to connect
Parcels 1 and 2 to the Town's East Side Sewer Interceptor.
6. Additional Conditions of Continued Water Service. All water service that the
Town agrees to provide to CC Land pursuant to the provisions of this Agreement shall be
conditioned upon CC Land's continued compliance with the following specific conditions:
a. CC Land's payment of all costs and fees and meeting all raw water
dedication requirements as set forth in this Agreement;
b. CC Land's continued payment of monthly out-of-town water service and
sewer charges for all connections made pursuant to this Agreement;
c. The continuous use of Parcel 1, and Parcel 2 upon development, for the
principal purpose of selling new or used motor vehicles; and
d. Upon the development and construction of improvements on Parcel 2, CC
Land shall comply with all requirements of the East Main Street Corridor
Plan for the Town of Windsor in effect at the time of the first development
proposal for Parcel 2.
Upon CC Land's failure to comply with any of the aforesaid conditions, the Town
may, in its sole discretion, terminate all water service afforded to CC Land under the provisions
of this Agreement, and CC Land shall forfeit all costs and fees paid prior to the date of
3 Champion Chevrolet Agreement 07-21-03/]PF/rown of Windsor
termination and shall likewise forfeit all raw water dedications or cash-in-lieu payments made prior
to the date of termination of this Agreement
7. Agreement to Annex. CC Land agrees that upon the occurrence of the first of the
following events, Parcels 1 and 2 shall forthwith be annexed to the Town:
a. The effective date of any use tax on motor vehicles adopted by the Town;
b. Cessation of the continuous use of Parcel 1 for the principal purpose of
selling new or used motor vehicles; or
c. After development of Parcel 2, the cessation of the continued use of that
parcel for the principal purpose of selling new or used motor vehicles; or
d. May 1, 2015.
Should it fail to act upon the provisions of this paragraph , CC Land grants to the
Town the right to act on its behalf in the preparation and filing of all necessary documents in
connection with such annexations, including but not limited to,petitions to annex. This paragraph
shall not be construed as relieving CC Land of any obligation to pay any costs and fees in
connection with said annexations. Likewise, nothing in this paragraph shall be construed as
preventing or otherwise limiting the rights of the Town to annex Parcels 1 and 2 upon such parcels
becoming an enclave, in accordance with the powers granted to the Town for the annexation of
enclaves by the laws of the State of Colorado.
8. Entire Agreement of the Parties. The recitals contained herein represent the
entire agreement of the parties and shall be binding upon the parties hereto and their successors.
9. Assignment. This Agreement shall not be assigned by either party without the
written consent of the other.
10. Amendments and Modifications. Any amendments or modifications to this
Agreement must be approved by both parties in writing.
11. Applicable Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of Colorado. -
12. Waiver. A waiver by either party of a breach of any of the provisions of this
Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of the
same or another provision of this Agreement.
4 Champion Chevrolet Agreement 07-21-03/JPF/Town of Windsor
13. Severability: If any part,term,or provision of this Agreement is held by the courts
to be illegal or otherwise unenforceable, such illegality or unenforceability shall not affect the
validity of any other part, term, or provision, and the rights of the parties shall be construed as
if the part, term or provision was never part of this Agreement.
14. Recordation and Binding Effect. This Agreement shall be deemed to run with
the land and upon its execution by the parties may be recorded by either party with the Weld
County Clerk and Recorder and shall be binding on the parties hereto, their heirs, successors, and
assigns.
IN WITNESS WHEREOF, the parties hereto have signed this Agreement the day and year
first above written.
TOWN OF WINDSOR, COLORADO/
By /1(/ //At _, ;4/L-
V1t. Wayne ::1`rof,y
ATT :�?,.•• ., •so
Tow le SEAL
CC LAND, LLOFcow�-
By
E. John Chamberlain, Manager
APPROVED AS TO FORM AND CONTENT:
Roderick L. Wensing
Town Administrator, Town of Windsor
[Name and Title]
APPROVED AS TO FORM:
John P. Frey Richard L. Reichstein
Town Attorney, Town of Windsor Attorney for CC Land, LLC
5 Champion Chevrolet Agreement 07-21-03/7PF/Town of Windsor
re's
Weld County Referral
' September 25, 2003
C.
COLORADO
The Weld County Department of Planning Services has received the following item for review:
Applicant CC Land LLC Case Number CZ-1049
Please Reply By October 24, 2003 Planner Sheri Lockman
Project Change of Zone from A(Agricultural)Zone District to C-3 (Business Commercial)
Zone District.
Legal Lot B of 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 Hwy 392 and east of and adjacent to Hwy 257.
Parcel Number 0807 22 000039
The application is submitted to you for review and recommendation. Any comments or recommendation you
consider relevant to this request would be appreciated. Please reply by the above listed date so that we may
give full consideration to your recommendation. Any response not received before or on this date may be
deemed to be a positive response to the Department of Planning Services. If you have any further questions
regarding the application, please call the Planner associated with the request. Please note that new
information may be added to applications under review during the review process. If you desire to
examine or obtain this additional information, please call the Department of Planning Services.
Weld County Planning Commission Hearing (if applicable) December 2, 2003
O We have reviewed the request and find that it does/does not comply with our Comprehensive Plan
O We have reviewed the request and find no conflicts with our interests.
See attached letter.
Comments:
Signature 7 Date n r -Z of
Agency C i itp �.w .�,
+Weld County Planning Dept. +1555 N. 17th Ave. Greeley,CO.80631 +(970)353-6100 ext.3540 +(970)304-6498 fax
4 DEPARTMENT OF BUILDING INSPECTION
---- Kis Weld County Administrative Offices
1555 N. 17th Avenue, Greeley, CO
WEBSITE: www.co.weld.co.us
Phone(970) 353-6100, Ext. 3540
' Fax (970) 304.6498
III C.
COLORADO
October 27, 2003
CC Land, LLC
Change of Zone form A (Agricultural) to C-3 (Business Commercial) Zone District.
CZ-1049
The only historical permit of record for this address or parcel number was for the installation of
interior partitions and windows including electrical. This permit, BC-9800073, received final
inspections and approval. There are no active permits for this address or parcel number.
1. 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.
2. 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.
3. 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.
4. A Flood Hazard Development Plan shall be submitted for buildings constructed within the
100-year flood plain.
Please contact me for any further information regarding this project.
Sincerely,
<-71/1P.)
Jeff Reif
Building Official
Service,Teamwork, Integrity,Quality
\.
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MEMORANDUM L �
To: Sheri Lockm
From: Dave Tuttle
Date: October 22, 20 '
Subject: CZ-1049
The sheriff's office has no concerns with this Change of Zone Request. The sheriff s
office would however be willing to provide a program entitled Crime Prevention Through
Environmental Design to the developer. This program reduces the likelihood of criminal
activity at a specific location by"hardening" it to crime.
The Sheriffs Office lacks the ability to absorb any additional service demand without the
resources recommended in the multi-year plan provided to the Board of County
Commissioners or as indicated by growth not considered at the time the plan was
developed. I have no other comments on this proposal.
-i,"*N-- -- ‘kid-/-5H- Z51-
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W _ ounty Referral
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September 25, 2003
" DECEIVED
Illik i;^ C)r,T 2003K.,4
s,
COLORADO Gnat 4
The Weld County Department of Planning Services s t'��the following item for review:
Applicant CC Land LLC Case Number CZ-1049
Please Reply By October 24, 2003 Planner Sheri Lockman
Project Change of Zone from A(Agricultural)Zone District to C-3 (Business Commercial) -
Zone District.
Legal Lot B of 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 Hwy 392 and east of and adjacent to Hwy 257.
Parcel Number 807 22 000039
The application is submitted to you for review and recommendation. Any comments or recommendation you
consider relevant to this request would be appreciated. Please reply by the above listed date so that we may
r give full consideration to your recommendation. Any response not received before or on this date may be
deemed to be a positive response to the Department of Planning Services. If you have any further questions
regarding the application, please call the Planner associated with the request. Please note that new
information may be added to applications under review during the review process. If you desire to
examine or obtain this additional information, please call the Department of Planning Services.
Weld County Planning Commission Hearing (if applicable) December 2, 2003
❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan
❑ We have reviewed the request and find no conflicts with our interests.
❑ See / letter
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Signature y4 ,I Date
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Agency C-1) 0 i ACCTS 5
:•Weld County Planning Dept. ❖1555 N. 17th Ave. Greeley,CO.80631 +(970)353-6100 ext.3540 ❖(970)304-6498 fax
Att,,„..6-
MEMORANDUM
ITO: Sheri Lockman, Planner DATE: 21-October-2003
FROM: Peter Schei, P.E., Cis!' Eitg'ilteer, Public Works Department
COLORADO SUBJECT: CZ-1049 Champtibn£hevrolet(Zone Change)
Weld County Public Works Department has reviewed this change of zone request. Comments made during this phase
of the subdivision process may not be all-inclusive, as other concerns or issues may arise during the remaining
application process.
Comments
❑ SH 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 SH 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.
❑ SH 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 SH 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.
❑ 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.
❑ A professional traffic impact study should be submitted to more fully understand the traffic impacts with this change of zone.
❑ Normally Public works has an understanding of the proposed development and potential impacts on surrounding infrastructure.
This 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 final
application. Since no specific development is proposed, the applicant will not be required to submit off-site roadway
improvements agreements.
❑ The change of zone plat that Public Works review normally has an internal roadway system. The applicant has not indicated
internal roadways on the plat. Public Works has no comment at this time.
❑ Easements shall be shown in accordance with County standards and/or Utility Board recommendations,also dimensioned on the
final plat.
❑ Roadway and grading plans along with construction details will be required with the final plat submittal.
❑ Often, a drainage report by a professional engineer licensed in the State of Colorado would be submitted with the change of zone
application. Since no development is proposed, Public Works is not requiring a final drainage report at this time. The applicant
must keep in mind that consideration for drainage will be required for future proposed development.
❑ Final drainage construction plans, conforming to the drainage report,shall be submitted with the final plat application.
❑ The Geotechnical Exploration Report for Proposed Korf Chevrolet Expansion, dated July 8, 2002, by Laube Engineering, LLC,
provided a pavement design and did not list any limitations with-respect-to Public Works' matters.
Recommendation
❑ The Public Works Department recommends approval of this change of zone, provisional upon completion of
the aforesaid comments.
Issues must be resolved with Public Works prior to recording the change of zone plat
* PC:CZ-1049 Champion Chevrolet(Zone Change)
Email&Original: Planner
PC by Post: Applicant j,.,,,(,ze Io:r
PC by Post: Engineer juri4
Page 1 of 1 � _ ,
Weld County Referral
Vilk
September 25, 2003 11
COLORADO
The Weld County Department of Planning Services has received the following item for review:
Applicant CC Land LLC Case Number CZ-1049
Please Reply By October 24, 2003 Planner Sheri Lockman
Project Change of Zone from A(Agricultural)Zone District to C-3 (Business Commercial) -
Zone District.
Legal Lot B of 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 Hwy 392 and east of and adjacent to Hwy 257.
Parcel Number 0807 22 000039
The application is submitted to you for review and recommendation. Any comments or recommendation you
consider relevant to this request would be appreciated. Please reply by the above listed date so that we may
give full consideration to your recommendation. Any response not received before or on this date may be
deemed to be a positive response to the Department of Planning Services. If you have any further questions
regarding the application, please call the Planner associated with the request. Please note that new
information may be added to applications under review during the review process. If you desire to
examine or obtain this additional information, please call the Department of Planning Services.
Weld County Planning Commission Hearing (if applicable) December 2, 2003
El We have reviewed the request and find that it does/does not comply with our Comprehensive Plan
We have reviewed the request and find no conflicts with our interests. •
jilt See attached letter.
Comments:
Signature Date X\I ayoE
Agency 'I' (u t e -.kry4 , l F
❖Weld County Planning Dept. +1555 N. 17th Ave. Greeley, CO. 80631 ❖(970)353-6100 ext.3540 ❖(970)304-6498 fax
r t\ MEMORANDUM
WIDc.
COLORADO
To: Sheri Lockman, Planner November 12, 2003
From: Bethany Salzman, Zoning Compliance Officer
Subject: CZ-1049 Referral
Upon review of my computer and files,a Zoning Violation(VI-0200198)was noted. The violation was initiated
as a result of receiving numerous complaints regarding an auto sales yard without the required Weld County
Permits. After inspections, it was also noted that the business had expanded to include an additional lot.
Please be advised that this violation was presented to the Board of County Commissioners through the
Violation Hearing process on July 7, 2002. At that hearing the Board of County Commissioners referred this
case to the County Attorney's Office, but delayed legal action for 30 days.
As soon as the"Change of Zone"is completed and subsequent permits have been approved and completed,
this violation will be closed. However, if this permit is denied, unless the business is removed within 60 days,
this violation will be referred back to the County Attorney's Office for immediate legal action.
r^.
cc: VI-0200198
County Attorney's Office
SERVICE,TEAMWORK INTEGRITY,QUALITY
SHERI Lockman -stipword.doc Page 1
DISTRICT COURT, WELD COUNTY, COLORADO
Court Address: 901 9th Avenue,P.O. Box 2038,
Greeley,CO 80632
Phone Number: (970)351-7300
BOARD OF COUNTY COMMISSIONERS OF THE
COUNTY OF WELD, STATE OF COLORADO,
Plaintiff,
v.
CHAMPION CHEVROLET, CC Land, LLC,
incorporated and PATRICK CARRIGAN,
A FOR COURT USE ONLY
Respondents.
Lee D. Morrison, Assistant Weld County Attorney
915 Tenth Street
P.O. Box 758
Greeley, CO 80632 Case Number: 03-CV-948
Phone Number: (970)336-7235 Division: 5
Fax Number: (970)352-0242
E-Mail: lorrison@co.weld.co.us
Attorney Registration#8067
Patrick F. Carrigan
FAEGRE& BENSON, LLP
1900 Fifteenth Street
Boulder,CO 80302
Phone Number: (303) 546-1300
Fax Number: (303) 546-5426
E-Mail: pcarrigan@faegre.com
Attorney Registration#17225
STIPULATION
COMES NOW the Petitioner, by and through its attorney,the Assistant of Bruce T.
Barker, below named and Respondents,Champion Chevrolet, CC Land, LLC by and through
their attorney, Patrick F. Carrigan, and respectfully requests that this Court make this Stipulation
an Order of the Court and Stipulates as follows:
1. This Court has subject matter and personal jurisdiction herein.
2. That the Respondents are the owners of property described as Lot A and Lot B of
SHERI Lockman stipword doc Page 2
Recorded Exemption No. 0807-22-2-RE 358, recorded December 22, 1978 in Book 855 at
Reception No. 1776628, being a part of the Northwest Quarter of Section 22, Township 6 North,
Range 67 West of the 6`h P.M.,County of Weld, State of Colorado, also known by street and
number as 9050 Highway 392, Windsor, Colorado 80550.
3. There have been allegations of violations of County Code with respect to the
commercial car dealership being operated on Lot B without commercial zoning and on both Lots
A and B of the property without a current approved site plan.
THEREFORE,the Petitioner and Respondents stipulate and agree as follows:
1. The Respondents have applied for an Amended RE 358 to change lot lines
between Lot A and B. Respondents have applied for a change of zone to C-3 commercial zone
on the amended Lot B which is currently scheduled to be heard on December 2, 2003 by the
Weld County Planning Commission. Respondents agree to continue to diligently pursue approval
of both the application for the RE and the change of zone .
2. The Respondents will be required to file and obtain approval of a site plan which
covers both Lots A and B of Amended RE 358 if the change of zone is approved in order to
comply with the Weld County Code. Respondents agree to continue to file a site plan application
within 30 days of approval of the change of zone for Lot B and diligently pursue approval.
3. The Respondents agree to remove the commercial car dealership business from all
portions of Lot B within 60 days of a final decision of the Board of County Commissioners
which denies the change of zone .
4. County agrees to dismiss the within action, with prejudice as to any violations
alleged to have occurred prior to the date of dismissal with each party to pay their own costs,
upon being notified that the plat for the change of zone for lot B has been recorded and the site
plan has been approved for both lots A and B.
WHEREFORE,the parties jointly request that this Stipulation be made an Order of the
Court and that the Court find that this Stipulation is not as a result of duress.
Respectfully submitted,
BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD, STATE OF
COLORADO
BRUCE T.
BARKER
WELD COUNTY
ATTORNEY
SHERI Lockman stipword doc Page 3
LEE D.
MORRISON
#8067
Assistant Weld County Attorney
Patrick Carrigan
Date
SHERI Lockman stipword.doc doc Page 4
DISTRICT COURT, WELD COUNTY,COLORADO
Court Address:901 9th Avenue, P.O.Box 2038,
Greeley,CO 80632
Phone Number: (970)351-7300
BOARD OF COUNTY COMMISSIONERS OF THE
COUNTY OF WELD, STATE OF COLORADO,
Plaintiff,
v.
CHAMPION CHEVROLET, CC Land, LLC,
incorporated and PATRICK CARRIGAN, A FOR COURT USE ONLY •
Respondents.
Lee D. Morrison,Assistant Weld County Attorney
915 Tenth Street Case Number: 03-CV-948
P.O. Box 758
Greeley, CO 80632 Division: 5
Phone Number: (970)336-7235
Fax Number: (970)352-0242
E-Mail: Iorrison@co.weld.co.us
Attorney Registration#8067
ORDER APPROVING STIPULATION
THE COURT,having read the Stipulation Between Petitioner and Respondents,
Champion Chevrolet, CC Land, LLC, filed with this Court and being otherwise fully advised in
the premises, finds this Stipulation is just and equitable and not reached as a result of duress and
DOTH ORDER that the Stipulation of the parties be adopted as an Order of this Court.
DONE this day of , 2003.
BY THE COURT:
J. ROBERT LOWENBACH
District Court Judge
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