HomeMy WebLinkAbout20030428.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved byJames Rohn, that the following resolution be introduced for passage by the Weld County Planning
Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER: CZ-1026
APPLICANT: Charles &Alice Greenman
PLANNER: Monica Daniels-Mika
LEGAL DESCRIPTION: Part SW4 NW4 of Section 30, T3N, R68W of the 6th P.M., Weld County,
Colorado.
REQUEST: Change of Zone/ PUD/ From R-1 to Estate and Commercial (C-1).
LOCATION: 13518 WCR1.
be recommended favorably to the Board of County Commissioners for the following reasons:
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 26-5-30 of
the Weld County Code.
2. The submitted materials are in compliance with Section 27.6.120 of the Weld County Code as
follows:
A. Section 27-6-120.B.6.a The proposal is consistent with any intergovernmental agreement
in effect influencing the PUD and Chapters 19(Coordinated Planning Agreements),Chapter
22 (Comprehensive Plan), Chapter 23 (Zoning), Chapter 24 (Subdivision) and Chapter 27
(Planned Unit Development) of the Weld County Code.
The proposed use is for a residential home and an antique store with three storage units,
two (2) are for personal use and one (1) is for commercial support. The Planned Unit
Development allows for a combination of uses to occur on a site.
1) Section 22-2-190.D.2.b, PUD.Policy 4.2 "A planned unit development which
includes a residential use should provide common open space free of buildings,
streets,driveways or parking areas. The common open space should be designed
and located to be easily accessible to all the residents of the project and usable for
open space and recreation..." As all improvements are existing, the applicant is
proposing limited open space use at this time. Requiring a great deal of open
space will detract from the residential character of the area. The site provides for
pasture and open lands behind the improvements. Three thousand (3000)square
feet of the site is dedicated to the shop, residential structure,the one storage shed
which represents approximately 1/2 acre of building area, and the remainder of the
site is in lawns and pasture area.
2) Section 22-3-50.6.1, P.Goal 2"Require adequate facilities and services to assure
the health, safety and general welfare of the present and future residents of the
County." The site has been designed with the health and safety of future users.
Visitors to the site will utilize the restroom facilities within the home, and the Health
Department has determined that the site is equipped with adequate restroom
facilities. P otable water w ill b e provided b y Longs Peak Water District. F ire
protection for the site is provided by Mount View Fire Protection District.
2 EXHIBIT
2003-0428 I
CA�41O7.40
Resolution CZ-1026
Charles Greenman
Page 2
B. Section 27-6-120.6.b -The uses which would be allowed in the proposed PUD will conform
with the Performance Standards of the PUD Zone District contained in Article II, Chapter
27 of the Weld County Code.
Section 27-2-20, Access standards —Access to the parcel is off of WCR 1 and the access
is existing. There are presently two access to the site and only one of this is a permitted
access.
Section 27-2-30, Buffering and screening —There are presently large trees on the parcel
which provide for a historic buffer between this parcel and adjoining parcels. All outside
storage will be required to be adequately screened. All parking will be required to be
screened from adjoining properties. No outdoor uses are proposed with this use.
C. Section 27-6-120.6.c-That the uses which would be permitted shall be compatible with the
existing or future development of the surrounding area as permitted by the existing Zoning,
and with the future development as projected by Chapter 22 of the Weld County Code or
master plans of affected municipalities. The proposed use is for an antique store to be
operated by the inhabitants of the principle dwelling. The existing surrounding area is zoned
both agricultural and residential and the intensity of this use, with conditions and
development standards, will be compatible The application was applied for prior to the
Longmont Weld County IGA(Intergovernmental Agreement)going into effect,therefore the
provisions of this IGA do not apply to this use.
D. Section 27-6-120.6.d -That the PUD Zone District shall be serviced by an adequate water
supply and sewage disposal system in compliance with the Performance Standards in
Article II the Weld County Code. Water to the site is provided by Longs Peak Water District
and sanitary waste is provided by an existing septic system. The Weld County Department
of Public Health has reviewed these provisions, and have found them to be adequate to
meet the needs of the site.
E. Section 27-6-120.6.e -That street or highway facilities providing access to the property are
adequate in functional classification, width, and structural capacity to meet the traffic
requirements of the uses of the proposed PUD Zone District. Primary access to the site is
off of WCR 1 which is defined as a major arterial, and as such has a 140 foot right of way.
The minimum setback in the Commercial (C-1)zoned district is 25 feet. At full build out both
the existing home and shop will likely not meet setbacks and will be considered
nonconforming uses.
F. Section 27-6-120.6.f - An off-site road improvements agreement and an on-site
improvements agreement proposal is in compliance with Chapter 24 of the Weld County
Code as amended and a road improvements agreement is complete and has been
submitted, if applicable. No off site improvements agreement is proposed at this time. The
applicant is required to pay the County Wide Transportation Fee for the commercial aspects
of this application.
G. Section 27-6-120.6.g - That there has been compliance with the applicable requirements
contained in Chapter 23 of the Weld County Code regarding overlay districts, commercial
mineral deposits, and soil conditions on the subject site. The site is not influenced by any
known commercial mineral deposits or special soil conditions. The Colorado Geological
Survey declined to review this application as all the structures are existing.
,.� Resolution CZ-1026
Charles Greenman
Page 3
H. Section 27-6-120.6.h -Consistency exists between the proposed zone district(s), uses, the
specific or conceptual development guide. The applicants are proposing two uses,
commercial and estate, to bring the property into compliance, and commercial and estate
uses. Both of these uses are consistent with the specific guide. The applicant is requesting
that the Site Plan review process be waived for this application.
This approval recommendation is based upon compliance with Chapter 27 requirements. The site is presently
in violation VI-0200038 with the Weld County Code as the commercial structure was built without building
permits and the use(commercial business for an antique and refinishing business) is presently in operation.
The Change of Zone from R-1 (Residential) Zone District to E (Estate)and Neighborhood Commercial (C-1)
Zone Districts is conditional upon the following:
1. The Change of Zone p lat 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 existing septic system shall be reviewed by a Colorado Registered Professional
Engineer. The review shall consist of observation of the system and a technical review
describing the systems' ability to handle the proposed hydraulic load. The review shall be
submitted to the Environmental Health Services Division of the Weld County Department of
Public Health and Environment. In the event the system is found to be inadequately sized,
or constructed the system shall be brought into compliance with current Regulations.
(Department of Public Health and Environment)
B. There are no new buildings or site grading changes proposed, therefore, the existing
drainage patterns will not change.
C. The site as described(in two parcels)shall be reconveyed into one parcel in accordance with
Subdivision Exemption 90, recorded on July 23, 1979. The applicant shall provide evidence
of this transaction.
D. The portable structures located on the site are considered as structures in accordance with
Section 23-1-90, of the Weld County Code. In order to meet this definition building permits
shall be issued for these structures. These structures shall have permanent foundations.
E. The applicants shall provide documentation that they have the right to access the utility
easements. Written documentation shall be obtained from the utility users.
F. The applicant shall provide the Weld County Department of Planning Services with a
Statement of Taxes from the Weld County Treasurer showing no delinquent taxes exist for
the original parcel.
G. The applicants shall enter into an agreement with Weld County stipulating that all front lot
parking, sign placement, and northern access point shall be eliminated and or brought to
county standards at such time the design of WCR 1for roadway expansion has been
finalized. This agreement shall be recorded an run with the land.
H. The existing sign shall be relocated outside of the right-of-way.
/^
Resolution CZ-1026
Charles Greenman
Page 4
3. Prior to recording the Change of Zone plat,the plat shall be amended to add the following changes:
A. The applicant shall prepare a Site Plan Review map per Section 23-2-160.V and Section 23-
2-160.W of the Weld County Code. (Department of Planning Services)
B. The off-street parking spaces, including the access drive, shall be surfaced with gravel,
asphalt, concrete, or equivalent and shall be graded to prevent drainage problems.
C. Existing and proposed fences identified o n the site p Ian s hall be in conformance with
Sections 23-3-350.F.1 and 23-3-350.F.2 of the Weld County Code at all times. All areas of
the property that have outdoor storage, even if considered temporary, shall be screened with
an opaque screen material at least six feet in height.
D. The applicant shall prepare and receive approval for a lighting plan.
E. The sign shall be located,and designed in accordance with the requirements of Section 23-4-
100 and Section 23-4-110 of the Weld County Code.
F. In accordance with Section 23-3-350.H of the Weld County Code,the applicant shall screen
all trash receptacles from adjacent rights-of-way and adjacent properties.
G. The applicant shall delineate the locations of all septic systems located on the site.
H. The applicant shall show the utilities right-of-way / driveway. This right-of-way must be
dimensioned and dedicated on the change of zone plat.
The applicant shall clearly dimension the access point and the parking lot(s)on the Change
of Zone plat.
J. The number of parking spaces must be delineated for each area, including handicapped.
The parking area(s)shall have an all weather surface and be shown on the Change of Zone
plat.
K. All Easements shall be shown on the Change of Zone Plat in accordance with County
standards.
L. Applicant shall identify by name and located the irrigation ditch on the Change of Zone Plat.
4. The following notes and information shall be delineated on the Change of Zone plat:
A. The PUD Change of Zone allows for Neighborhood Commercial (C-1) and Estate (E) uses
for the requirements as set forth in Article III, Divisions 3 and 5, Sections 23-3-210 and 23-3-
400 of the Weld County Code. (Department of Planning Services)
B. In accordance with the Weld County Code, no land, building or structure shall be changed
in use or type of occupancy, developed, erected, constructed, reconstructed, moved or
structurally altered or operated in the PUD Zone District until a Site Plan Review has been
approved by the Department of Planning Services.
C. The applicants have entered into an agreement stipulating that at such time the design of
WCR lfor roadway expansion has been finalized, the applicants shall cease using the
northern most access point and shall no longer park in the front (western) portion of the lot.
Resolution CZ-1026
Charles Greenman
Page 5
D. There shall be no parking or staging of trucks allowed on WCR 1.
E. The facility shall utilize the existing public water supply.
F. Adequate hand washing and toilet facilities shall be provided for employees and patrons of
the facility.
G. All structures, including signs, on site must obtain the appropriate building permits and be
located outside the established right-of-way.
H. 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 Commercial Zone District
is one hundred fifty (150)square feet.
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)
J. Any future structures or uses on site must obtain the appropriate zoning and building permits.
(Department of Planning Services)
K. If applicable, installation of utilities shall comply with Article VII, Chapter 24, of the Weld
County Code. (Department of Planning Services)
r
L. 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. (Department of Public Health
and Environment)
M. 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)
N. 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)
O. Fugitive dust shall be controlled on this site. (Department of Public Health and Environment)
P. This facility shall adhere to the maximum permissible noise levels allowed in the Residential
Zone as delineated in 25-12-103 C.R.S., as amended. (Department of Public Health and
Environment)
Q. The Change of Zone Map shall be drawn to meet the requirements of Section 23-2-50- D.
R. The Vicinity Map shall be drawn to meet the requirement of Section 23-2-50-C.
S. Because the all the requirements of the Site Plan Review have been met, the applicant shall
record one plat for the Change of Zone, which will serve as the Site Plan Review plat.
Resolution CZ-1026
Charles Greenman
Page 6
T. The site plan will address the specifics associated with site design, including but not limited
to, parking, lighting, landscaping, and sign age.
U. Intersection sight distance triangles at the development entrance(s) will be required. All
landscaping within the triangles must be less than 31/2 feet in height at maturity, and noted
on the change of zone plat.
V. The plat shall be amended to show a 15-foot reservation from the edge of the existing ROW
on WCR 1.
W. The site shall maintain compliance with the Weld County Code, at all times.
X. The site must maintain in compliance with the Supplemental Procedures cited in Section 23-
2-790 of the County Code.
Y. Approval of this plan may create a vested property right pursuant to Article VIII, Chapter 23
of the Weld County Code. (Department of Planning Services)
Motion seconded by Stephen Mokray
VOTE:
' For Passage Against Passage Absent
Fred Walker
Michael Miller
John Folsom
Cathy Clamp
Bryant Gimlin
Stephen Mokray
Bruce Fitzgerald
James Rohn
Bernard Ruesgen
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioner's for further proceedings.
CERTIFICATION OF COPY
I, Voneen Macklin, Recording Secretary for the Weld County Planning Commission, do hereby certify that
the above and foregoing resolution, is a true copy of the resolution of the Planning Commission of Weld
County, Colorado, adopted on January 7, 2003.
Dated the 7'h of January,
2003.
Voneen Macklin
Secretary
CASE NUMBER: CZ-1026
APPLICANT: Charles & Alice Greenman
PLANNER: Monica Daniels-Mika
LEGAL DESCRIPTION: Part SW4 NW4 of
Section 30, T3N, R68W of the 6th P.M., Weld
County, Colorado.
REQUEST: Change of Zone/ PUD/ From R-1
to Estate and Commercial (C-1).
LOCATION: 13518 WCR1 .
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