HomeMy WebLinkAbout20010562.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Stephen Mokray 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:
PLANNER: Robert Anderson
CASE NUMBER: Z-554
APPLICANT: Jerry & Margaret Samber(Dewey's Tavern)
37441 WCR# 153
Stoneham, Colorado 80754
REQUEST: A Change of Zone from the (A) Agricultural Zone District to the (C-3) Commercial Zone
District
LEGAL: Lots 10, 11 & 12, Block 3, in the Unincorporated Town of Stoneham, Colorado being Part
of Section 5, T7N, R56W, 6' PM, Weld County, CO
LOCATION: South of WCR 86 and East of WCR 147.5
be recommended favorably to the Board of County Commissioners for the following reasons:
1. The submitted materials are in compliance with the application requirements of Division I of the
Weld County Code.
2. The submitted materials are in compliance with Section 23-2-230 of the Weld County Code, as
follows:
A. Section 23-2-230 A. 1.-That the proposal is consistent with Chapter 22 of the Weld County
Code. Section B, Paragraph 1, A.Goal 2. Allow commercial and industrial uses which are
directly related to or dependent upon agriculture to locate within agricultural zoning when
the impact to surrounding properties is minimal, and where adequate services and
infrastructure are available. A.Policy 2. Agricultural businesses and industries will be
encouraged to locate in areas that minimize the removal of prime agricultural land from
production. Agricultural business and industries are defined as those which are related to
ranching,livestock production,farming and agricultural uses.A.Goal 3. Discourage urban-
scale residential, commercial and industrial development which is not located adjacent to
existing incorporated municipalities. A.Policy 3. Conversion of agricultural land to urban-
scale residential, commercial and industrial development will be discouraged when the
subject site is located outside of an approved intergovernmental agreement area, urban
growth boundary area or 1-25 Mixed Use Development area and urban development nodes.
This policy is intended to promote conversion of agricultural land in an orderly manner
which is in harmony with the phased growth plans of a municipality and the County. It is
further intended to minimize the incompatibilities that occur between uses in the agricultural
district and districts that allow urban-type uses. In addition, this policy is expected to
contribute to minimizing the costs to County taxpayers of providing additional public
services in rural areas for uses that require services on an urban level.While Stoneham is
not an incorporated municipality,Planning Services contends that the application meets the
intent of and is consistent with the aforementioned goals and policies The site is located
adjacent to other Commercial/Industrial uses.The site will encourage the expansion of the
economic base and provide for a variety of employment opportunities and services for the
neighborhood and citizens of Weld County.
2001-0562
RESOLUTION, Z-554
Jerry and Margaret Samber/ Dewey's Tavern
Page 2
B. Section 23-2-230 A. 2. - The uses which would be allowed on the subject property by
granting the Change of Zone will be compatible with the surrounding land uses. The
Department of Planning Services believes that the granting of this Change of Zone will have
a minimal impact on the surrounding land uses. Surrounding land uses include limited
Commercial and other uses, including a Grain Elevator and a "Pool Hall" which is now
closed. A Site Plan Review will be required prior to any new uses occurring on the property.
The intent of the Site Plan Review is to"provide present and future residents and users of
land in the County a means whereby orderly and harmonious development is ensured in
the County.The Site Plan Review process requires additional consideration to ensure that
the uses permitted are established and operated in a manner that is compatible with
existing and planned land uses in the neighborhood. Site Plan Reviews are designed to
protect and promote the health,safety,convenience,and general welfare of the present and
future residents of the county." Items addressed through the Site Plan Review include, but
are not limited to, number of employees, building construction, signage, landscape
treatment, drainage, parking, outside storage, loading/ service areas and environmental
criteria. The Site Plan Review will ensure compatibility with surrounding land uses.
C. Section 23-2-230 A. 3. -Adequate water and sewer service can be made available to the
site to serve the uses permitted within the proposed Zone District. The applicant is
proposing a permitted public water system for site use and supplemental fire protection.
The Weld County Department of Public Health and Environment had no conflicts with the
use of the existing Individual Sewage Disposal System(I.S.D.S.)on site. Referral agencies
will have the opportunity to further address water and sewer during the Site Plan Review
application process.
D. Section 23-2-230 A. 4. - Street or highway facilities providing access to the property are
adequate in size to meet the requirements of the proposed Zone Districts. The Weld
County Department of Public Works reviewed this request and recommended approval of
the application. Concerns regarding parking and drainage on the site may be addressed
with Conditions of Approval and through the Site Plan Review Process.
E. Section 23-2-230 A. 5. - In those instances where the following characteristics are
applicable to the rezoning request, the applicant has demonstrated compliance with the
applicable standards:
1) Section 23-2-230 A. 5.a. -The proposed Change of Zone does not lie within the
Airport Overlay, Geological Hazard, Road Impact Fee District or Flood Plain.
2) Section 23-2-230 A. 5.b. -The proposed rezoning does not contain the use of any
area known to contain a commercial mineral deposit in a manner which would
interfere with the present or future extraction of such deposit by an extraction to any
greater extent than under the present zoning of the property.
3) Section 23-2-230 A.5.c. -Soil conditions on the site are not such that they present
moderate or severe limitations to the construction of structures of facilities
proposed for the site.These issues are addressed through Conditions of Approval
and will also be a part of the Site Plan Review process.
This recommendation is based, in part, upon a review of the application materials submitted by the
applicant, other relevant information regarding the request, and responses from referral entities.
RESOLUTION, Z-554
Jerry and Margaret Samber/ Dewey's Tavern
Page 3
The Change of Zone from (A)Agricultural to (C-3) Commercial is conditional upon the following:
1. The Change of Zone plat map shall be submitted to the Department of Planning Services for
recording within 30 days of approval by the Board of County Commissioners.
2. Prior to recording the Change of Zone plat:
A. The applicant shall provide the Department of Public Health and Environment as well as
the Department of Planning Services evidence that the well has been permitted for
domestic and commercial uses. (Dept of Public Health and Environment)
3. Prior to commencing business, the applicant shall:
A. Provide the Department of Public Health and Environment and the Department of Planning
Services evidence of compliance with the Colorado Retail Food Establishment Rules and
Regulations, (Dept of Public Health and Environment)
B. Provide the Department of Public Health and Environment and the Department of Planning
Services evidence of compliance with the requirements for a public water system as
defined in the Primary Drinking Water Regulations(5 CCR 1003-1). (Dept of Public Health
and Environment)
3. The following notes and information shall be delineated on the Change of Zone plat:
1) The Change of Zone allows for Commercial uses which shall comply with the C-3
Zone District requirements as set forth in Section 23-3-230 of the Weld County
Code. (Dept. of Planning Services)
2) All signs located on the property shall require building permits and adhere to Article
IV(Supplemental District Regulations),Division 2(Signs)of the Weld County Code.
(Dept. of Planning Services)
3) The site shall maintain compliance at all times with the requirements of the Weld
County Departments of Public Works, Public Health and Environment, Planning
Services and Building Inspection.
4) Any future structures or uses on site must obtain the appropriate zoning and
building permits. (Dept. of Planning Services)
5) Installation of utilities shall comply with Section Article IX (Improvements and
Variances)Section 24-9-10 of the Weld County Code.(Dept.of Planning Services)
6) The applicant shall adhere to all Site Plan Review requirements, as defined in
Division 3 (Site Plan Review) of the Weld County Code. (Dept. of Planning
Services)
7) 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 surface and groundwater contamination.
(Dept of Public Health and Environment)
RESOLUTION, Z-554
Jerry and Margaret Samber/ Dewey's Tavern
Page 4
8) No permanent disposal of wastes shall be permitted at this site. (Dept of Public
Health and Environment)
9) Waste materials shall be handled, stored, and disposed in a manner that controls
fugitive dust, blowing debris, and other potential nuisance conditions. (Dept of
Public Health and Environment)
10) The facility shall adhere to the maximum permissible noise levels allowed in the
Commercial Zone District as delineated in 25-12-103 C.R.S. as amended. (Dept
of Public Health and Environment)
11) Adequate toilet facilities shall be provided for the public.(Dept of Public Health and
Environment)
12) The 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. (Dept of Public Health and
Environment)
13) The water system shall maintain compliance with the requirements for a public
water system as defined in the Primary Drinking Water Regulations(5 CCR 1003-
1) (Dept of Public Health and Environment)
14) The applicant shall maintain compliance with the Colorado Retail Food
Establishment Rules and Regulations. (Dept of Public Health and Environment)
15) The applicant shall provide Off-Street Parking and adhere to the American with
Disabilities Act (ADA). ADA parking spaces are 20'X8'with 5' aisles. At least one
space must be van accessible(8'wide aisles)An accessible path will be required
from the building to the public right-of-way. (Department of Public Works)
Motion seconded by Michael Miller.
VOTE:
For Passage Against Passage Absent
Cristie Nicklas
Michael Miller
Jack Epple
Arlan Marrs
Bryant Gimlin
John Folsom
Fred Walker
Stephen Mokray
Cathy Clamp
RESOLUTION, Z-554
Jerry and Margaret Samber/Dewey's Tavern
Page 5
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, Trisha Swanson, 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 February 20, 2001.
Dated the 20th of February, 2001.
Trisha Swanson
Secretary
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