HomeMy WebLinkAbout20040263.tiff HEARING CERTIFICATION
DOCKET NO. 2004-04
RE: CHANGE OF ZONE, CZ #1049, FROM THE A(AGRICULTURAL) ZONE DISTRICT TO
THE C-3 (BUSINESS COMMERCIAL) ZONE DISTRICT - CC LAND, LLC
A public hearing was conducted on January 14, 2004, at 10:00 a.m., with the following present:
Commissioner Robert D. Masden, Chair
Commissioner William H. Jerke, Pro-Tem
Commissioner M. J. Geile
Commissioner David E. Long
Commissioner Glenn Vaad
Also present:
Acting Clerk to the Board, Esther Gesick
Assistant County Attorney, Lee Morrison
Planning Department representative, Sheri Lockman
Health Department representative, Pam Smith
Public Works representative, Peter Schei
The following business was transacted:
I hereby certify that pursuant to a notice dated December 19, 2003, and duly published
December 25, 2003, in the South Weld Sun, a public hearing was conducted to consider the
request of CC Land, LLC, for a Change of Zone, CZ#1049,from the A(Agricultural)Zone District
to the C-3 (Business Commercial)Zone District. Lee Morrison,Assistant County Attorney, made
this a matter of record. Sheri Lockman, Department of Planning Services, presented a brief
summary of the proposal and entered the favorable recommendation of the Planning Commission
into the record as written. Ms. Lockman gave a brief description of the location of the site, which
is currently in violation for operating a car dealership without the proper permits. She stated this
Change of Zone and a Site Plan Review will be required before the violation is closed. Ms. Lockman
stated the Town of Windsor is adjacent, or in close proximity, to the site on all sides. She stated
to address the concerns of the Town of Windsor,the applicant has amended the original Change
of Zone application to include only the portion where the car dealership has expanded. Ms. Lockman
reviewed the surrounding land uses and stated 11 referral agencies reviewed this proposal,with
eight providing comments that have been incorporated into the Conditions of Approval. She stated
the applicant currently has a water and sewer agreement with the Town of Windsor,which includes
conditions requiring the property to be annexed by May 1,2015,or earlier should the car dealership
be changed to a different use, or if the Town adopts a Use Tax for motor vehicles. She stated the
applicant is being required to update this agreement, and staff received no correspondence from
surrounding property owners. In response to Commissioner Jerke, Ms. Lockman stated the area
north of the Change of Zone boundary is the existing car dealership, which is already zoned C-3.
She explained the dealership has expanded into the Agricultural Zone, so the zoning needs to be
modified,which will also correspond with a recent Recorded Exemption that was approved to reflect
the current car dealership boundaries. In response to Chair Long, Ms. Lockman stated she is not
aware of an agreement with the Colorado Department of Transportation; however,this will also be
reviewed through the Site Plan Review process.
2004-0263
PL1698
HEARING CERTIFICATION - CC LAND, LLC (CZ#1049)
PAGE 2
Pam Smith,Department of Public Health and Environment,and Peter Schei,Department of Public
Works, both stated they have no comments at this time.
John Holman, Holman Development and Construction Company, LLC,represented the applicant
and stated he concurs with staff's comments. Commissioner Geile stated the violation was initiated
when the applicant began parking vehicles in the public right-of-way. In response to Commissioner
Geile, Mr. Holman stated the northern lot of the Recorded Exemption will be modified to be
consistent with the car dealership uses,and an annexation petition to the Town of Windsor will be
submitted for the southern portion,with the intent of changing the zoning to Commercial. He further
stated appropriate landscaping will be placed to ensure vehicles are no longer parked in the
right-of-way. Responding furtherto Commissioner Geile,Mr. Holman stated the applicant is willing
to abide by a Condition of Approval which requires them to comply with Windsor's Design
Standards.
No public testimonywas offered concerning this matter. In response to Commissioner Masden, Mr.
Holman stated he and the applicant have reviewed and concur with the Conditions of Approval. In
response to Commissioner Geile, Ms. Lockman Condition#2.J requires the applicant to address
the requirements of the Town of Windsor.
Commissioner Geile moved to approve the request of CC Land, LLC,for a Change of Zone#1049
from the A(Agricultural)Zone District to the C-3 (Business Commercial) Zone District, based on
the recommendations of the Planning staff and the Planning Commission, with the Conditions of
Approval as entered into the record. The motion was seconded by Commissioner Jerke.
Commissioner Long commented this will satisfy Windsor's concerns and the applicant has stated
for the record they will comply with Windsor's standards. There being no further discussion, the
motion carried unanimously, and the hearing was completed at 10:20 a.m.
This Certification was approved on the 19th day of January 2004.
APPROVED:
ado.r` BOARD OF COUNTY COMMISSIONERS
,e.N, ]E W .11.1NTY,� ORADO
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etp. �Robert D. Masden, Chair
our, ! rk to the Board
ikr P 4 f EXCUSED ATE OF APPROVAL
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,® J � - / / William H. rke, Pro-Tem
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Deputy Clerk to the Board
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TAPE #2004-04 C v� CCI d
David E. Long
DOCKET #2004-04
Glenn Vaad
2004-0263
PL1698
EXHIBIT INVENTORY CONTROL SHEET
Case CZ#1049 - CC LAND, LLC
Exhibit Submitted By Exhibit Description
A. Planning Staff Inventory of Items Submitted
B. Planning Commission Resolution of Recommendation
C. Planning Commission Summary of Hearing (12/2/2003)
D. Clerk to the Board Notice of Hearing
E. Planning Staff Certification and Photo of Sign Posting
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ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 14TH DAY OF JANUARY, 2004:
DOCKET#2004-04 -CC LAND, LLC
DOCKET#2004-07 -JON MOSER
PLEASE legibly write or print your name and complete address.
NAME ADDRESS
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