HomeMy WebLinkAbout20042918 INVENTORY OF ITEMS FOR CONSIDERATION
Applicant Marcelle Geudner O/O Jess Aragon Case Number SCH-25
Submitted or Prepared
Prior to At
Hearing Hearing
1 Staff Comments X
Department of Planning Services Field Check Form
Letter to Applicant regarding on site visit , (e;'li/oy
Request for on site visit 7/ai(o
Letter to Applicant
Affidavit and photograph of sign posting
Legal Notifications
2 Application
X
Maps
Deed/Easement Certificate/Certificate of Conveyance
Surrounding Property/Mineral Owners
N 3 Referral List
X
Referrals without comment
Larimer County Planning, referral received 7/1/2004
4 Referrals with comments X
Windsor-Severance Fire Protection District, referral received 7/6/2004
Weld County Building Inspection, referral received 7/12/2004
West Greeley Soil Conservation District, referral received 7/17/2004
Weld County Department of Public Works, referral received 7/15/2004
Weld County Code Compliance, referral received 7/16/2004
Weld County Department of Public Health and Environment, referral received
7/22,2004
City of Greeley, referral received 7/22/2004
Town of Windsor, referral received 7/23/2004
' 5 Surrounding Property Owners- Letters ��� J ur,f:_ Pt C xl.:L,:
Letter from Martin Lind,dated 7/20/2004 X
E-mail from Garry Weinmeister, received 7/2//2004 X
• Letter from Garry and Kathy Weinmeister, dated 8/26/2004 X
Letter from Tom Weiler, dated 9/1/2004 X
Letter from Deanne Frederickson to Garry and Kathy Weinmeister, dated X
8/20/2004
2004-2918
" Letter from the Harry Hartshorn Family X
6 PC Exhibits
6a Booklet for Follow-up Exhibits x
6b Advertisement for Timberrock
A
I hereby certify that the 6 items identified herein were submitted to the Department of Planning Services at or prior to the
� scheduled Planning Commissioners hearing.
�/i/i e L r%1 G'L/'/ka 1
Sheri Lockman+ Planner II
r
DEPARTMENT OF PLANNING SERVICES
W�`PC SUBSTANTIAL NATION
ADMINISTRATIVE REVIEW
COLORADO
Planner: S. Lockman
Case#: SCH-25 Hearing Date: September 7, 2004
Applicant: Marcelle Geudner c/o Jess R. Aragon
Address: 1001 E. Harmony Rd., #192, Fort Collins, CO 80525
Request: A Review of a Previously Denied Application for Land Use (Use by Special Review# 1430),
and request for a Substantial Change Determination.
Legal Description: Pt. NE4 Section 8,Township 5 North, Range 67 West of the 6TH P.M.,Weld County,
Colorado.
Location: 753 feet west of County Road 17 and 1/2 mile north of State Highway 34
Parcel #: 0957 08 000045 Parcel Size: 5.25 +/- acres
1. It is the opinion of the Department of Planning Service's staff that the applicant has demonstrated that
a substantial change has occurred and recommends approval of the applicant's request.
2. The Weld County Board of County Commissioner's Resolution recorded October 17, 2003 denied
the Applicant's Use by Special Review Request (USR-1430), for the following reasons:
A. The Proposal is not consistent with Section 22-2-170 C (C.Goal 3), states "address the
compatibility of commercial land uses with adjacent land uses."The Conditions of Approval,
Design Standards and Operation Standards cannot ensure that incompatibilities regarding
traffic, dust, noise and visual aspects of the site will be adequately mitigated.
B. The proposed use is inconsistent with Section 22-3-140.B.1 (T.Policy 4.1) which states
"establish policy standards for the regulation of accesses to streets and highways from
adjacent land uses and intersecting roads."The access road serving the site was created by
Quit Claim Deed on February 19,1981,and is a legal access;however, it is the opinion of the
Board of County Commissioners that the private nature of the road will create future
problems with access for a commercial business.
C. The uses which will be permitted will not be compatible with the existing surrounding land
uses. North of the site is a pasture with a home within 400 feet.A single family residence lies
within close proximity to the west of the site. Although Conditions of Approval-and
Development Standards were proposed to ensure that storage and parking areas were
adequately screened from the adjacent properties, it is the opinion of the Board of County
Commissioners that the noise, dust, and traffic associated with the business cannot be
adequately mitigated.
D. The proposed Design Standards (Section 23-2-240, Weld County Code), Performance
Standards (Section 23-2-250, Weld County Code), proposed Conditions of Approval and
development Standards do not ensure that there are adequate provisions for the protection
of health, safety, and welfare of the inhabitants of the neighborhood and County. The past
1
EXHIBIT
I
performance of the applicant,as evidenced through the sudden stockpiling of materials onto
the property without going through the application process; an executed lease which
addresses the lack of a permit to protect the property owner, who is a co-applicant; and a
pole barn currently being constructed without proper permits,suggests that the applicant will
have difficulty complying with the proposed Design Standards (Section 23-2-240, Weld
County Code), Operation Standards (Section 23-2-250, Weld County Code), Conditions of
Approval and Development Standards, and such noncompliance will adversely effect the
health, safety and welfare of the inhabitants.
3. Pursuant to Chapter 2, Article II, Section 2-3-10 of the Weld County Code, the Board of County
Commissioners shall consider the applicant's request for a Hearing of Substantial Change and
whether within the concept of a new application, the facts and circumstances of which are
substantially changed from the initial application:
Criteria 1. --Has the land-use application substantially changed? (e.g., substantial changes in lot
size or density, in internal or external roads, or, in the case of a rezoning, in the uses proposed)
The denial of Use by Special Review # 1430 (USR-1430) was in part based on incompatibilities
specific to traffic, dust, noise and visual aspects of the site. The applicants have included additional
screening and landscaping to mitigate the visual impact to the surrounding properties.Dust mitigation
will be accomplished by applying magnesium chloride to the access road and gravel or crushed
concrete to the parking area and on bare areas in the site. Further, the site plan has been altered to
lessen the impact from dust for the residence to the west.
Criteria 2.—Have the surrounding land-uses substantially changed? (e.g.,has the adjacent land use
changed during the period of time since the last application such that what would be compatible with
the adjacent use has changed)
The application indicates two surrounding land uses have substantially changed, Cozy Cow Dairy to
the east of the site and SouthGate III Commercial Annexation to the south of the site. Planning Staff
does not agree that the changes to Cozy Cow Dairy or the South Gate III Commercial Annexation are
substantial changes.
The existing uses at the Cozy Cow Dairy described in the application have been determined to be
uses allowed by right and in compliance with Non-Conforming Use# 347 by the County Attorney's
Office. Possible future uses are not applicable to this application.
As indicated in a Town of Windsor referral dated July 22, 2004, the SouthGate III Commercial
Annexation has not been finalized by the Town and when finalized the portion adjacent to TimberRock
will not be developed until sanitary sewer is available to the site. Further,the Town has indicated that
the TimberRock site is depicted as High Density Estate Single Family Residential on the Town's Land
Use Plan Map.The SouthGate III Commercial Annexation will not change this designation. The Weld
County Board of County Commissioner's Resolution for USR-1430 called out incompatibilities with
property to the north with a pasture and home and to the west with a single family residence. The
property to the south was not included in the resolution.
Criteria 3. — Have applicable provisions of the law substantially changed? (e.g., the applicant is
proposing using a different procedure so a different set of criteria apply or the applicable ordinance
has been amended by the Board so the criteria have substantially changed)
This criteria is not applicable to this case.
Criteria 4. — Within the concept of rehearing the previously denied application, is there newly
discovered evidence that the applicant could not have discovered with diligent effort at the time of the
original application ?
2
The applicant has included the SouthGate III Commercial Annexation and plans for retail sales at
Cozy Cow Dairy as newly discovered evidence. As indicated in comments for Criteria 2, Planning
Staff does not believe either establishes a substantial change and therefore their discovery should
not be considered a substantial change.
4. Weld County Planning Staff has determined that the submitted information does meet the intent of
a substantial change as outlined in Chapter 2,Article II,Section 2-3-10 of the Weld County Code and
therefore should be allowed to submit the application discussed in the Substantial Change.
3
DEPARTMENT OF PLANNING SERVICES
1 la .. 94L 98 0'h STREET
GREELEY, COLORADO 80631
WEBSITE: www.co.weld.co.us
CE-MAIL:PHONE (97 I 0) 353-6100, EXT. 3540
FAX (970) 304-6498
COLORADO
August 13, 2004
Mr. Richard F. Zier
Zief Law Offices
322 E. Oak Street
P.O. Box 770
Fort Collins, CO 80522
RE: Request for site visit for Jess Aragon Substantial Change Determination
Dear Mr. Zier,
The Weld County Planning Commission discussed your request that they schedule an onsite
visit prior to the Substantial Change hearing for Jess Aragon. It was determined that the site
visit may be more appropriate prior to the USR should the Substantial Change be approved.
The Commissioners may as individuals visit the site prior to the Planning Commission hearing.
However, it is not appropriate for them to discuss any aspect of the case with your clients or
their employees while they are on site.
The request will be discussed with the Board of County Commissioners prior to hearing the
case. Please contact me at the above address or phone number for further assistance.
Sincerely,
Sheri Lockman
Planner II
RICHARD E ZIER ZIER LAW OFFICES TELEPHONE
322 E. OAK STREET (970)482-2255
i-+ POST OFFICE BOX 770 FAX (970)224-9188
FORT COLLINS, COLORADO 80522
Weld Court; P,;r r,.
CR"c .
July 21, 2004
UL 2 9 No4
Ms. Shen Lockman
Weld County Planner RE C. e ,
Department of Planning Services
1555 N. 17°i Ave.
Greeley, CO 80631
Re: Jess Aragon; Request for Substantial Change Determination
Dear Ms. Lockman:
I represent Jess Aragon. We understand you have scheduled a meeting with the Weld County
Planning Commission for September 7, 2004 at 1:30 p.m. on Mr. Aragon's Request for Substantial
Change Determination. We appreciate your courtesy in notifying us of this fact in your June 24, 2004
letter to Mr. Aragon.
In this regard, we would request that if at all possible the Planning Commission schedule an on-
site visit prior to its meeting. We think that a great deal of time and effort can be saved in the hearing if a
site visit is made, because much of the evidence will relate to matters which are plainly visible and much
more accurately perceived in person. When Mr. Morrison visited the site several weeks ago, we felt it
was beneficial to all concerned, and believe it would be so also with the Planning Commission. If the
Planning Commission is amenable to a visit and would like to have us available to answer questions or
point things out, we would be pleased to do so. Likewise, we would expect that any of the neighbors
who has an interest in this matter could be available for comment, as well, if appropriate.
Please convey this request to the Planning Commission and let us know whether, and when, such
a visit will occur. Please consider this letter also a request for a similar site visit by the Board of County
Commissioners prior to its hearing, whenever that shall be. .
Thank you for your courtesy.
Very truly yours,
ZIER LAW OFFICES a
�j
By: 127Vy � 7-',- i
Richard F. Zier
RFZ:lb
C: Client
TM
a
ti DEPARTMENT OF PLANNING SERVICES
\()'\ itiN:::
AVIII PHONE (970) 353-6100, EXT.3540
FAX (970)304-6498
1555 N. 17TH AVENUE
WIlDe GREELEY, COLORADO 80631
COLORADO June 24, 2004
Jess Aragon
1001 E. Harmony Rd. #192
Fort Collins CO 80525
Subject: SCH-25- A Review of a Previously Denied Application for Land Use(Use by Special Review 1430
for a Landscaping Materials Yard)and request for Substantial Change Determination on a parcel
of land described as Pt NE4 Section 8, T5N, R67W of the 6th P.M., Weld County, Colorado.
Dear Applicant:
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 September 7,2004, at 1:30 p.m. This meeting will
take place in the Conference Room, Weld County Planning Department, 918 10'"Street, 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 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 Greeley and Windsor Planning
Commission for their review and comments. Please call Greeley at 970-350-9780 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 Greeley 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 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,
/hr i 7/= %,; 4�Zt
heri Lockman
Planner
PLANNING COMMISSIONERS' SIGN POSTING CERTIFICATE
THE LAST DAY TO POST THE SIGN IS August 28, 2004 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, b u> mC Q Lti l , HEREBY CERTIFY UNDER PENALTIES OF PERJURY
THAT THE SIGN WAS POSTED ON THE PROPERTY AT LEAST TEN DAYS BEFORE THE
PLANNING COMMISSIONERS HEARING FOR SCH-25 IN THE A (AGRICULTURAL) ZONE
DISTRICT.
DOE EL) MOLC LLA
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 thisaity of \A9StA1)*i- , 204.
WITNESS my hand and official seal.
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FIELD CHECK inspection date: Aug. 31 , 2004
CASE NUMBER: SCH-25
APPLICANT: Marcelle Geudner CIO Jess Aragon
LEGAL DESCRIPTION: Pt. NE4 Section 8, T5N, R67W of the 6th P.M., Weld County, CO
LOCATION: 753 feet west of County Road 17 and 'A mile north of State Highway 34
Zoning Land Use
N A (Agricultural) N Agricultural / Residential
E A (Agricultural) E Agricultural (Dairy) / Residential
S A (Agricultural) S Agricultural
W A (Agricultural) W Agricultural / Residential
COMMENTS: The site is well maintained. Additional landscaping and
screening have been added. The access road is in good
condition. Only one vehicle can pass where culvert has
been put in. The property to the west no longer has a
noncommercial junkyard.
/ 2 : , %rh gL&si
Sheri Lockman , Planner II
I..1
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