HomeMy WebLinkAbout20010563.tiff INVENTORY OF ITEMS FOR CONSIDERATION
APPLICANT: Jerry& Margaret Samber(Dewey's Tavern) CASE#: Z-554
Submitted or Prepared:
Prior to At
Hearing Hearing
1 Planning Commission Resolution
2 Department of Planning Services' Staff Review X
3 Department of Planning Services' Field Check X
4 Planning Commissioners' Field Check X
5 Letter to Applicant X
6 Legal Notice X
7 Application X
Referrals with Comments X
8 Department of Public Works, referral received 01/31/01. X
9 Department of Health & Environment, referral received 01/29/01 . X
10 Weld County Building Inspection, referral received 01/31/01. X
11 Weld County Code Enforcement, referral received 01/22/01. X
12 Weld County Sheriffs Office, referral received 01/25/01 X
13 Referrals without Comments, Referral List and Letter X
14 Deed(s)/Certificate of Conveyance X
15 Surrounding Property/Mineral Owners X
16 Soil Survey X
17 Utilities X
18 Evidence of Posting X
Item(s) submitted at Planning Commission:
19 BCC Preadvertisement Resolution dated 01/29/01 X
20 Forrest Tappy Letter dated 02/08/01 X
I hereby certify that the 20 (i ) items identified herein (Inventory of Items for Consideration -Case#5-554)
were submitted at or prior to the scheduled Planning Commission Hearing. I further certi t these items were
subsequently forwarded to the Clerk to the Planning Commission. 1
Robert Anderson•'r Planner
2001-0563
CHANGE OF ZONE
COLORADO ADMINISTRATIVE RECOMMENDATION
Case #: Z-554 Hearing Date: February 20, 2001
Applicant: Jerry & Margaret Samber (Dewey's Tavern) Planner: Robert Anderson
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, 6th PM, Weld County, CO
Location: South of WCR 86 and East of WCR 147.5
Parcel #: 0727 05 015 004 Size of Parcel: .35 +/-Acres
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 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
PRELIMINARY Z-554 (Dewey's Tavern), Page 1 EXHIBIT
1 2
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.
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:
PRELIMINARY Z-554 (Dewey's Tavern), Page 2
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.
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 of the State of Colorado's,
Division of Water Resources approval of the drinking water system. (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)
PRELIMINARY Z-554 (Dewey's Tavern), Page 3
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)
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)
PRELIMINARY Z-554 (Dewey's Tavern), Page 4
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)
PRELIMINARY Z-554 (Dewey's Tavern), Page 5
_ 6
t; .
( DEPARTMENT OF PLANNING SERVICES
WI
I
Code Compliance Division
C 1555 N. 17th Avenue, Greeley, CO 80631
Phone: (970) 353-6100, Ext. 3540
COLORADO• Fax: (970) 304-6498
INSPECTION REPORT
NAME: Jerry Samber (dba: Deweys)
LEGAL DESCRIPTION OF PROPERTY: Lot 10-13, Blk 3, Unincorporated Town of Stoneham, Weld
County, Colorado
DATE: September 14, 2000
CASE NUMBER: LC0043 (New Liquor License)
Upon an inspection of the property, the following pictures were taken (please see attached pictures
dated 09/14/00). I spoke to Mr. & Mrs. Samber. They were not very happy regarding the requirment of a
Use by Special Review "USR" application. I explained to them that all of Stoneham is zoned
"Agricultural". They then asked why the grain bin was allowed. I informed them that the grain bin was
the only"USR" permit in Stoneham. They then asked about the Post Office. I told them that the Post
Office more than likely was a Nonconforming Use "NCU". They stated that they had received records
from the Weld County Assessor's Office stating that their property was "Commercial". I explained to
them that the Assessor's Office lists how the property will be "taxed" not how it is "Zoned". They were
very upset. Mrs. Samber then asked what would be required for the "USR" application. I told her that on
the front page of the packet it states what is required. Mr. Samber stated that he already had a packet.
The planner(which I later found out was Chris Gathman) gave it to him. Mr. Samber stated that he had
been to our office 2-3 weeks before and spoke to the On-Call Planner. He didn't know the planner's
name.
,L.; i-i1 1 (U41 l biN
ethany Salzman _'
Zoning Compliance Officer
pc: LC0043
Julie Chester
SERVICE, TEAMWORK, INTEGRITY, QUALITY
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STATE OF COLORADO l „Tp_;�y,�
1}53-
COUNTYOF WELD
I HEREBY CERTIFY THAT THIS INSTRUMENT
WAS FILED FOR RECD D IN/MY OFJCE `AAT ..
T-,'c O'CLOCKM .y..ajf._f..,g.1t?(/.
AND IS�7..
DULY RECORDED IN B OK 140.._A_fooPt '/1¢
Y 7 PAGE, .
2 1 �' /I e-RECORDER
By
/ 6' DEPUTY
' DEPARTMENT OF PLANNING SERVICES
W� DC PHONE (970) 353-6100, E4.6498
FAX (9(970) 304-6498
1555 N. 17TH AVENUE
COLORADO GREELEY, COLORADO 80631
January 17, 2001
Jerry& Margaret Samber
37441 WCR 153
Stoneham, CO 80754
Subject: Z-554- Request for a Change of Zone from (A)Agricultural to (C-3) Commercial on a parcel of
land described as Lots 10, 11, 12, Block 3 of the Unincorporated Town of Stoneham, Colorado
being part of Section 5, Township 7 North, Range 56 West of the 6th P.M., Weld County,
Colorado.
Dear Mr. and Mrs. Samber:
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 February 20, 2001, 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.
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,
Robert Anderson
Planner
EXHIBIT
5
FIELD CHECK
CASE NUMBER: Z-554 DATE OF INSPECTION: OZ -L' 1/4-6/
APPLICANT'S NAME: Jerry and Margaret Samber(Dewey's Tavern)
PLANNER: Robert Anderson
REQUEST: Change of Zone from (A)Agricultural to (C-3) Commercial.
LEGAL DESCRIPTION: Lots 10, 11, 12, Block 3 of the Unincorporated Town of Stoneham, Colorado
being part of Section 5,Township 7 North, Range 56 West of the 6th P.M.,Weld
County, Colorado.
LOCATION: South of WCR 86 and East of WCR 147.5.
LAND USE: N /�J/ /� fee t//�, v✓ 4'/ j /d
E �� 1 LPA� Se 1Gt/y� GGdIl/ Gt rend !�
(/
w G at(fL 4
ZONING: N A(Agricultural)
E A(Agricultural)
S A (Agricultural)
W A(Agricultural)
COMMENTS:
/ems c o /t e /Ltd , �/.N,� C�inG( fta4z4=u1 x.e f�G� LPL
�`"�co .t�rriu
• ;�2 y1 cy 44
P.C. Member
EXHIBIT
1
tAlil"
WC. FI ,LD CHECK ✓
��I�II!I���ii �!!�1i+A$n4�i 4 i6ljjiillp ��II I. Iii II II t,1ii, o �iI
COLORADO
APPLICANT: JERRY & MARGARET SAMBER CASE #: Z-554
(DEWEY'S TAVERN)
LEGAL: LOTS 10,11,12/BLOCK 3, STONEHAM, CO SEC 5- T7N- R56W
LOCATION: S/WCR 86 & E/WCR 147.5
ZONING LAND USE
N AG N EMPTY LOT/VACANT BLDG
E AG E SHOP BLDG
S AG S GARAGE/PARKING AREA
W AG W VACANT LAND
COMMENTS:
_I L__.
SITE IS NEAT/ORDERLY
RECENT IMPROVEMENTS/
REMODEL
NO APPARENT
VIOLATIONS
-1 7
PLANNER: ROBERT ANDERSON INSPECTION DATE: 02/09/01
EXHIBIT
1 3
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