HomeMy WebLinkAbout20030427.tiff RESOLUTION
RE: GRANT CHANGE OF ZONE#1026 FROM R-1 (RESIDENTIAL) ZONE DISTRICT TO
PUD (PLANNED UNIT DEVELOPMENT) ZONE DISTRICT WITH E (ESTATE) AND C-1
(NEIGHBORHOOD COMMERCIAL) ZONE USES - CHARLES AND ALICE
GREENMAN
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, a public hearing was held on the 12th day of March, 2003, at 10:00 a.m. for
the purpose of hearing the application of Charles and Alice Greenman 13518 Weld County
Road 1, Longmont, Colorado 80504, requesting a Change of Zone from the R-1 (Residential)
Zone District to a PUD (Planned Unit Development) Zone District with E (Estate) and C-1
(Neighborhood Commercial) zone uses for a parcel of land located on the following described
real estate, to-wit:
Part of the SW 1/4/4 NW 1/4/4 of Section 30,
Township 3 North, Range 68 West of the 6th P.M.,
Weld County, Colorado
WHEREAS, the applicants were present at said hearing, and
WHEREAS, Section 27-6-120 of the Weld County Code provides standards for review
of said Change of Zone, and
WHEREAS, the Board of County Commissioners heard all the testimony and
statements of those present, studied the request of the applicant and the recommendations of
the Weld County Planning Commission and, having been fully informed, finds that this request
shall be approved for the following reasons:
1. The applicant has complied with all the application requirements listed in
Section 27-5-30 of the Weld County Code.
2. The request is in conformance with Section 27-6-120.D as follows:
a. Section 27-6-120.D.5.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.
2003-0427
PL1650
CHANGE OF ZONE #1026 FROM R-1 (RESIDENTIAL) TO PUD WITH E (ESTATE) AND C-1
(NEIGHBORHOOD COMMERCIAL) ZONE USES - CHARLES AND ALICE GREENMAN
PAGE 2
1) Section 22-2-190.D.2.b (PUD.Policy 4.2) states, "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 (3,000) square feet of the site is dedicated to the
shop, residential structure, the one storage shed which represents
approximately one-half acre of building area, and the remainder of
the site is in lawns and pasture area.
2) Section 22-3-50.B.1 (P.Goal 2) states, "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 to address the health and safety of future users.
Visitors to the site will utilize the restroom facilities within the
home, and the Weld County Department of Public Health and
Environment has determined that the site is equipped with
adequate restroom facilities. Potable water will be provided by the
Longs Peak Water District. Fire protection for the site is provided
by the Mount View Fire Protection District.
b. Section 27-6-120.D.5.b -- The uses which will be allowed in the proposed
Planned Unit Development will conform with the Performance Standards
of the Planned Unit Development Zone District contained in Chapter 27,
Article II, of the Weld County Code.
1) Section 27-2-20, Access standards —Access to the parcel is off of
Weld County Road 1 and the access is existing. There are
presently two accesses to the site and only one is a permitted
access.
2) 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.D.5.c--The uses which will 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
2003-0427
PL1650
CHANGE OF ZONE#1026 FROM R-1 (RESIDENTIAL) TO PUD WITH E (ESTATE) AND C-1
(NEIGHBORHOOD COMMERCIAL) ZONE USES - CHARLES AND ALICE GREENMAN
PAGE 3
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 the Conditions of Approval, will be compatible.
The application was applied for prior to the Longmont Weld County
Intergovernmental Agreement (IGA) going into effect, therefore, the
provisions of this IGA do not apply to this use.
d. Section 27-6-120.D.5.d --The PUD Zone District shall be serviced by an
adequate water supply and sewage disposal system in compliance with
the Performance Standards in Chapter 27, Article II, of the Weld County
Code. Water to the site is provided by the 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
found them to be adequate to meet the needs of the site.
e. Section 27-6-120.D.5.e -- 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
Planned Unit Development Zone District. Primary access to the site is off
of Weld County Road 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) Zone 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.D.5.f-- 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.D.5.g -- 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.
h. Section 27-6-120.D.5.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. Both of these uses are consistent with the
specific guide.
2003-0427
PL1650
CHANGE OF ZONE #1026 FROM R-1 (RESIDENTIAL) TO PUD WITH E (ESTATE) AND C-1
(NEIGHBORHOOD COMMERCIAL) ZONE USES - CHARLES AND ALICE GREENMAN
PAGE 4
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Charles and Alice Greenman for a Change of
Zone from R-1 (Residential) to a PUD (Planned Unit Development) Zone District with E (Estate)
and C-1 (Neighborhood Commercial) zone uses on the above referenced parcel of land be, and
hereby is, granted subject to the following conditions:
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. 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 system's 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, it shall be brought into compliance with
current regulations.
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 the northern access shall be
eliminated and/or brought to County standards at such time the design of
Weld County Road 1 for roadway expansion has been finalized. This
agreement shall be recorded and run with the land.
2003-0427
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CHANGE OF ZONE #1026 FROM R-1 (RESIDENTIAL) TO PUD WITH E (ESTATE) AND C-1
(NEIGHBORHOOD COMMERCIAL) ZONE USES - CHARLES AND ALICE GREENMAN
PAGE 5
H. The existing sign shall be relocated outside of the right-of-way.
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
Sections 23-2-160.V and 23-2-160.W of the Weld County Code.
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 on the site plan shall 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 Sections 23-4-100 and 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 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.
I. 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 ADA parking. 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. The applicants shall identify the irrigation ditch by name and location on
the Change of Zone plat.
2003-0427
PL1650
CHANGE OF ZONE #1026 FROM R-1 (RESIDENTIAL) TO PUD WITH E (ESTATE) AND C-1
(NEIGHBORHOOD COMMERCIAL) ZONE USES - CHARLES AND ALICE GREENMAN
PAGE 6
4. The following notes and information shall be delineated on the Change of Zone
plat:
A. The Planned Unit Development Change of Zone allows for C-1
(Neighborhood Commercial) and E (Estate) zone uses for the
requirements as set forth in Sections 23-3-210 and 23-3-400 of the Weld
County Code.
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 Planned Unit Development 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 Weld County Road 1 for 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.
D. There shall be no parking or staging of trucks allowed on Weld County
Road 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.
J. Any future structures or uses on site must obtain the appropriate Zoning
and Building Permits.
K. If applicable, installation of utilities shall comply with Chapter 24,
Article VII, of the Weld County Code.
2003-0427
PL1650
CHANGE OF ZONE #1026 FROM R-1 (RESIDENTIAL) TO PUD WITH E (ESTATE) AND C-1
(NEIGHBORHOOD COMMERCIAL) ZONE USES - CHARLES AND ALICE GREENMAN
PAGE 7
L. All liquid and solid wastes, as defined in the Solid Wastes Disposal Sites
and Facilities Act, Section 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.
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, Section 30-20-100.5, C.R.S.
N. Waste materials shall be handled, stored, and disposed in a manner that
controls fugitive dust, blowing debris, and other potential nuisance
conditions.
O. Fugitive dust shall be controlled on this site.
P. This facility shall adhere to the maximum permissible noise levels allowed
in the Residential Zone District as delineated in Section 25-12-103 C.R.S.
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 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.
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 3.5
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 right-of-way on Weld County Road 1.
W. The site shall be maintained in compliance with the Weld County Code at
all times.
X. The site must be maintained in compliance with the Supplemental
Procedures cited in Section 23-2-790 of the County Code.
2003-0427
PL1650
CHANGE OF ZONE #1026 FROM R-1 (RESIDENTIAL) TO PUD WITH E (ESTATE)AND C-1
(NEIGHBORHOOD COMMERCIAL) ZONE USES - CHARLES AND ALICE GREENMAN
PAGE 8
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 12th day of March, A.D., 2003.
BOARD OF COUNTY COMMISSIONERS
WE NMICOU yTY, COLORADO
ATTEST: LA/ ,l/1 La e
David E. Long, Chair
Weld County Clerk to t ( B
1861tip kv EXCUSED
BY: �Q Robert D. Masden, Pro-Tern
Deputy Clerk to the go arm r{`11 EXCUSED DATE OF SIGNING (AYE)
--- - M. J. Geile
EDASTOF ill AA-'
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Date of signature: �( I
2003-0427
PL1650
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