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Home My WebLink About20030429.tiff INVENTORY OF ITEMS FOR CONSIDERATION Applicant Greenman Case Number CZ-1013 Submitted or Prepared Prior to At Hearing Hearing 1 Staff Comments X 2 Department of Planning Services Field Check Form X Planning Commissioner Field Check Form 3 Letter to Applicant X 4 Affidavit of sign posting X 5 Legal Notifications X 6 Application X 7 Maps X 8 Deed/Easement Certificate X 9 Surrounding Property/Mineral Owners X 10 Utilities X 11 Referral List X Referrals without comment 12 Longmont Soil Conservation Dist. referral received 12/19/2002 X 13 Town of Firestone, referral received 12/7/2002 X 14 Town of Mead, referral received 12/2/2002 X 15 Larimer County Planning, referral received 11/13/2002 X 16 Division of Wildlife, referral received 11/16/2002 X 17 St.Vrain Valley School Dist., referral received 11/18/2002 X Referrals with comments 18 Weld County Building Inspection, referral received 12/9/2002 X 19 Weld County Public Works, referral received 12/10/2002 X 20 Weld County Dept.of Public Health and Enviro., referral received 11/15/2002 X 21 Mt.View FPD, referral received 11/14/2002 X 22 Weld County Zoning Compliance, referral received 11/12/2002 X 23 Soil Survey X 4 I hereby certify that the 25 items identified herein were submitted to the Department of Planning Services at or prior to the scheduled Board of County Commissioners hearing. 4. EXHIBIT Monica ika-Director 2003-0429 Cot 4 Mho J Atl‘ Wi`�C LAND USE APPLICATION � SUMMARY SHEET COLORADO ►. COLORADO CASE NUMBER: CZ-1026 HEARING DATE: January 7, 2003 APPLICANT: Charles and Alice Greenman PLANNER: Monica Mika ADDRESS: 13518 WCR 1, Longmont, CO 80504 REQUEST: Change of Zone from R-1 (Residential) Zone District to E (Estate) and Commercial (C-1) Neighborhood Commercial Zone Districts. LEGAL DESCRIPTION: Part of the SW4 NW4 of Section 30, T3N, R68W of the 6th P.M., Weld County, Colorado. LOCATION: South of State Hwy 66; east of and adjacent to WCR 1 ACRES: 2.78+/- Acres PARCEL # 1207 30 200067 POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS The criteria for review of this Change of Zone application is listed in Section 27.6.120 of the Weld County Code as follows: The Department of Planning Services' staff has received responses from the following agencies: • Mountain View Fire Protection District , referral received 11-21-02 • Larimer County Planning Department, referral received 11-13-02 St Vrain Valley School District, RE-1J, referral received 11-13-02 • Weld County Zoning Compliance Officer, referral received 11-22-02 • Colorado Division of Wildlife, referral received 11-16-02 • Weld County Department of Public Works, referral received 12-9-02 • Weld County Department of Public Health and Environment, referral received 11-15-02 Town of Mead, referral received 12-2-02 • Town of Firestone, referral received12-7-02 • Weld County Building Inspection, referral received 12-6-02 • Longmont Soil Conservation District, referral received 12-17-02 • City of Longmont, referral received 12-11-02 r EXHIBIT 1 1 1 CHANGE OF ZONE ADMINISTRATIVE RECOMMENDATION CASE NUMBER: CZ-1026 APPLICANT: Charles and Alice Greenman ADDRESS: 13518 WCR 1, Longmont, CO 80504 PLANNER: Monica Mika REQUEST: Change of Zone from R-1 (Residential) Zone District to E (Estate) and Commercial (C-1) Neighborhood Commercial Zone Districts. LEGAL DESCRIPTION: Part of the SW4 NW4 of Section 30, T3N, R68W of the 6th P.M., Weld County, Colorado. LOCATION: South of State Hwy 66; east of and adjacent to WCR 1 ACRES: 2.78+1- Acres PARCEL # 1207 30 200067 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 27-6-120.8.6.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 2 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 22-3-50.8.1, 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. Potable water will be provided by Longs Peak Water District. Fire protection for the site is provided by Mount View Fire Protection District. 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 11, 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. All access to the site will utilize the southernly access point. r 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. r 3 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. 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 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 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 4 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 lfor roadway expansion has been finalized. This agreement shall be recorded an ran with the land. H. The applicants have entered into an agreement stipulating that,the applicants shall cease using the northern most access point and shall no longer park in the front (western) portion of the lot, and shall remove the existing sign. 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 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 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. 5 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. M. The existing sign shall be removed out of the road right-of-way. 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 1for 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, and shall remove the existing sign. D. There shall be no parking or staging of trucks allowed on WCR 1. r 6 ,-. 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. 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. There is presently one sign on site that measures approximately sixteen (16) square feet. The sign is clearly located in the defined Right of Way for WCR 1. (Department of Planning Services) 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) 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) Q. 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. 7 R. The Vicinity Map shall be drawn to meet the requirement of Section 23-2-50-C. S. Prior to receiving a final certificate of occupancy, the applicant shall apply for and receive approval thru the Site Plan Review process. T. The site plan will address the specifics associated with site design, including but not limited to, parking, lighting, landscaping, and signage. U. Intersection sight distance triangles at the development entrance(s)will be required. All landscaping within the triangles must be less than 3'/z feet in height at maturity, and noted on the change of zone plat. V. The plat shall be amended to show a 140-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. 8 Zit; I ID CDEPARTMENT OF PLANNING SERVICES PHONE (970) 353-6100, EXT.3540 FAX (9(970)3004-6498 1555 N. 17TH AVENUE COLORADO GREELEY, COLORADO 80631 November 8,2002 Charles&Alice Greenman 13518 WCR 1 Longmont, CO 80504 Subject: CZ-1026 Request for a Change of Zone/ PUD/From R-1 to Estate and Commercial (C-1)on a parcel of land described as part SW4 NW4 of Section 30,T3N, R68W of the 6th P.M., Weld County, Colorado. Dear Applicants: 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 Tuesday,December 17,2002,at 1:30 p.m. This meeting will take place in Room 210,Weld County Planning Department, 1555 N.17th Avenue,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 applicant's responsibility to comply with state statutes regarding notice to mineral estate owners. Colorado Revised Statute,C.R.S.24-65.5-103(adopted as part of H.B.01-1088)requires notification of all mineral estate owners 30 days prior to any public hearing. The applicant shall provide the Weld County Planning Department with written certification indicating the above requirements have been met. 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 Firestone,Longmont and Mead Planning Commission for their review and comments. Please call Firestone at (303) 833-3291, Longmont at(303) 651-8330 and Mead at (970) 535-4 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 Firestone, Longmont and Mead 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, Aitc Aica ;Wka (1211 Monica Daniels-Mika,AICP Director EXHIBIT a DEPARTMENT OF PLANNING SERVICES PHONE (970) 353-6100,AX (97 E68 eitet FAX (970)304-6498 WELD COUNTY ADMINISTRATIVE OFFICES 1555 N. 17TH AVENUE 111 D I GREELEY, COLORADO 80631 C COLORADO November 8, 2002 City of Longmont Planning Division 350 Kimbark Street Longmont, CO 80501 To Whom It May Concern: This letter is to inform you that case CZ-1026, Charles and Alice Greenman, sent to you for referral, was submitted to us prior to November 4, 2002, the date the Longmont Intergovernmental Agreement was recorded. This information should help alleviate any concerns or questions you may have about this application. If you have any questions, please feel free to contact me at the above address or telephone numbers. Sincerely, 1V QUJ CO All it 7Dju Monica Daniels-Mika, AICP Director r ''',ii. 4 x a f"y/ ryry.. F q4 .t.-../X71: ar+i Ck.µ�'q 1.,-::::'1,:- a$, �, 4 i £v'. v � S. g�4 � yam. a N r. -t, CASE NO ACRES NAME REQUEST 4 )w '' r ;-• . A PUBLIC HEARING CONCERNING THIS 'e PROPERTY WILL BE HELD AT 1555 NOM ', . 17th AVE, GREELEY, COLORADO 80631, _ ` ' : rsa GV.. .. A ' ' �4 r }N ' FOR MORE INFORMATION CALL THE _ «a WELD COUNTY DEPT. ,s` �� OF F?LANI�IING SERVICES AT /f(J�/� . -6140 EXT. "' , ,... 4'a i ?osted 1a/o64oa Uahow6 I1EXHIBIT t4 , s k .' > at� 4+ " r«ra. s' ,a. • i T G... n-P • 'Ff., .+,M + £ Y'."TI" b• .y.l,, Y Mt }. Dt • wY+ e.7:1:1.::...„, � M- f.it R - e Oro •--i 6 „ •ma y t-k .. � ` + ,� prrl ,, - �+ . -...t'e'L$s ', Aa i �} . � ` . :.a:•.:1: aft 'yy�,,4s a 1 t f �ydt1y+ • POsd i &/(0l,°a tit ,lac,t ' a ) WELD COUNTY,COLORADO , :'%«PARTMENT OF PLANNING SERVICE •' 4209 CR 24.5 LONGMONT,CO 80504 PHONE(720) 652.-4210, 8730-'FM(720).652-4211 • DATE: 20 ` f s�RECEIPT • 0 0 1 5j'3 • • • RECEIVED FROM•. G'k \1 \ AV • NO. TYPE FEES ] 4221.-RE/SE 4221 -ZPMH --� 4221 USR :1221,-SITE PLAN REVIEW; l r ti�'5 t { t', C ', .. • �azzl;.cOZ ▪ 4221-PUD 4221 -SUBDIVISION 4221 -BOA . • • 4221-'FHDP/GHDP ? - I • 4430-MAPS/PUBLICATIONS 4430-POSTAGE ' - 4430-COPIES r 4730-INVESTIGATION FEE •' 6560:RECORDING FEE MISC., lT� O CASH "(CHECK NO - T I TOTAL BY: • _ - WHITE-CUSTOMER CANARY'-FINANCE PINK-FILE arm Cline APPLICATION FLOW SHEET COLORADO APPLICANT: Charles &Alice Greenman CASE#: CZ-1026 REQUEST: Change of ZonetPUD/From R-1 to Estate and Commercoal (C-1) LEGAL: Part SW4 NW4 of Section 30, T3N, R68W LOCATION: 13518 WCR 1 PARCEL ID#:'1207 30 201 76 ACRES: DATE BY Application Received 10-31-02 Lt— Application Complete MDM PC Hearing Date: Dec. 17, 2002 Action: Utility Board Date: Design Review Date: PC Sign to be Posted By: PC Sign Posted Referrals Listed File Assembled 11,8.Oa Referrals Mailed It,8 •02 Chaindexed • •8 .01 Letter to Applicant Mailed I l•6 • Q2 Date Public Notice Published in County Newspaper Surrounding Property& Mineral Owners Notified I I. •ea .07, '1* Planning Technician Maps Prepared Field Check by DPS Staff bCA0V34 V Planning Commission Resolution Sent to Applicant 2qill 1 - Qb KAN Planning Commission Meeting Minutes Filed in Case O Case Sent to Clerk to the Board JA-O ao CC Hearing: ?„ A 03 Action: Q,eprezp `-2' t1 CC Sign to be Posted By: oX� :)1, 19-)) CC Sign Posted �7 1 Q ala g 10 Plat and/or Resolution Recorded u v Recorded on Maps and filed /'C/J-61 Overlay Districts Zoning .. Airport Yes ' No f Geologic Yes No RoadJmpact F e Area: Yes �— No Flood Hazard Yes No „lilt westWe #1 #2 #3 Panel # 1N �dsor_ i FIELD CHECK inspection date: 8-16-02 CASE NUMBER: CZ-1013 APPLICANT: Charles Greenman LEGAL DESCRIPTION: Pt SW4 NW4 30-3-68 LOCATION: 13518 County Road 1 Zoning Land Use N A(Agricultural) N Residential/Ag and Hwy 66 E A (Agricultural) E Ag/Residential S A (Agricultural) S Ag/Residential W A (Agricultural) W Agriculture/Open Space COMMENTS: Access to all 13 sites is off CR1 to a paved arterial. The site is relatively flat. The sites appear to be fronting as residential/agriculture lots. There are animals located on several of the lots. Man of the lots have accessory structures. Most of the lots have circular driveways. There is presently an antique store located on 13535 CR 1. The sign on the site for Knutz Antiques exceeds the 16 sq. ft. sign that is standard for the agriculture zone district. !� AV Voneen Macklin, Planning Tech EXHIBIT Hello