HomeMy WebLinkAbout20002619.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Bryant Gimlin that the following resolution be denied by the VVeld County Planning Commission.
Be it resolved by the Weld County Planning Commission that the application for:
Planner: Robert Anderson
Case Number: Z-549
Applicant: Mike Cervi
Post Office Box 169
Sterling, CO 80751
Request: A Change of Zone from the (A) Agricultural Zone District to the Commercial (C3) Zone
District
Legal: LOT A/RE 2464, PT/N2, SEC 6, T2N, R62W, 6' PM, Weld County, CO
Location: N/ADJ 1-76 Frontage Road & E/ADJ WCR 73
be recommended unfavorably to the Board of County Commissioners for the following reasons:
1. The submitted materials are not in compliance with Section 21.5 of the Weld County Zoni ig
Ordinance, as amended as follows:
A. Section 21.5.1.2-The uses which would be allowed on the subject property by granting the
change of zone will be incompatible with the surrounding land uses.
B. Section 21.5.1.3-Adequate water and sewer service have not been made ava lable to':he
site to serve the uses permitted within the proposed zone district.
This recommendation is based, in part, upon a review of the application materials submitted by ':he
applicant, other relevant information regarding the request, and responses from referral entities
This application has been determined to be in compliance with the proposed Amendment 24 to the Colorado
Constitution of a new article XXVIII, as the development of land consistent with a valid development
application which had been filed as of September 13, 2000 pursuant to proposed Article XXVIII § 9 (2)
Motion seconded by Stephen Mokray.
VOTE:
For Passage Against Passage Absent
Cristie Nicklas Arlan Marrs Fred Walker
John Folsom
Michael Miller
Bryant Gimlin
Jack Epple
Stephen Mokray
Cathy Clamp •
EXHIBIT
2000-2619 1
cot 4-s(1
RESOLUTION, Z-549
Mike Cervi
Page 2
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the`ile 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 September 19, 2000.
Dated the 19`" of September, 2000.
)
Trisha Swanson
Secretary
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION
September 19, 2000
Page 7
Linda Poret, who also works with the dogs that Ms. Buffington trains, noted that Ms. Buffington has great
integrity and will follow through with all that she agrees to do at the site.
Ronald Halverson, a nearby property owner, noted that the dogs at her site are not aggressive or any troub'e
at all. Mr. Halverson also noted that if everyone in the neighborhood had dogs as well trained, the ent..re
neighborhood would be better off.
Ms. Buffington noted that she is not licensed to run a kenne and that she will not be boarding dogs she is nut
training. Laurie Buffington also noted that she has left letters with the neighbors including her number to cell
if they have any concerns, questions, or if they would like to see the site. She also noted that she trains dons
against being aggressive.
The Chair asked Ms. Buffington if she was in agreement with the Conditions of Approval and Developme it
Standards. Ms. Buffington asked if she could have the dogs outside at 5:30 a.m. instead of at 7:DC am as
she is often up early and so are the dogs. Ms. Buffington noted that she is outside with the dogs, keeping an
eye on them if she lets them out.
Jack Epple moved to change Development Standard #11 to read 5:30 a.m. instead of 7:00 a.m. Stephen
Mokray seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision Jul n
Folsom, yes; Arlan Marrs, yes; Stephan Mokray, yes; Michael Miller, yes; Jack Epple, yes; Bryant Gimli r,
yes; Cathy Clamp. yes; Cristie Nicklas, yes. Motion carried unanimously.
Michael Miller moved that Development Standard#1 be amended to remove the word"Service"anc'7Owner-s"
from the first sentence and add the following wording after dogs: and the daily training of an additional '0
dogs/owners". Bryant Gimlin seconded the motion
The Chair asked the secretary to poll the members of the Planning Commission for their decision Jul n
Folsom, yes; Arlan Marrs, yes; Stephan Mokray. yes; Michael Miller, yes; Jack Epple, yes; Bryant Girrli
yes; Cathy Clamp. yes; Cristie Nicklas, yes. Motion carried unanimous /.
Cristie Nicklas commended Ms. Buffington on her diligent efforts concerning this application and the work e
does for people and their dogs.
Jack Epple moved that Case USR-1284 be forwarded to the Board of County Commissioners along with tr e
Conditions of Approval and amended Development Standards with the Planning Co nrnissions
recommendation of approval, noting that the application was in compliance with the proposed Amender e it
24. Stephen Mokray seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Jol n
Folsom, yes; Arlan Marrs, yes; Stephan Mokray, yes; Michael Miller, yes; Jack Epple, yes; Bryant Gin li 1,
yes; Cathy Clamp, yes; Cristie Nicklas, yes. Motion carried unanimously.
Stephen Mokray commented that he appreciates the work the applicant is doing for the handicapped.
CASE NUMBER: Z-549
APPLICANT: Mike Cervi
PLANNER: Robert Anderson
LEGAL DESCRIPTION: Lot A of RE-2464, Part of the N2 of Section 6, Township 3 North. Range 53
West of the 6th P.M., Weld County, Colorado.
REQUEST: Change of Zone from Agricultural to Commercial (C-3).
LOCATION: North of and adjacent to 1-76 Frontage Road and east of and adjacent to WCR 73 r EXHIBIT
4,54/9
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION
September 19, 2000
Page 8
The above case was presented in tandem with the following case as they are basically the same applicator
on two parcels in the same area. Mr. Anderson noted the differences in legal descriptions as well as a leter
received from Mr. Teets.
CASE NUMBER: Z-550
APPLICANT: Mike Cervi
PLANNER: Robert Anderson
LEGAL DESCRIPTION: Lot A of RE-2465, Part of he NE4 of Section 1, Township 2 North Range
63 West of the 6th P.M., Weld County, Colorado.
REQUEST: Change of Zone from Agricultural to Commercial (C-3).
LOCATION: North of and adjacent to 1-76 Frontage Road and 1/4 mile west of WCR 73.
Robert Anderson, Planner,presented Cases Z-549 and Z-550 and read the Department of Planning Services
recommendation of approval into the record. Mr.Anderson noted that the applicant has wells for the site. hi. t
that these are not commercial wells, that this will he addressed during the Site Plan Review process
The Planning Commission had questions if the surrounding property owners would have any notification whe ,
the landowner decided what kind of business would be on the sites. Lee Morrison noted that no public not cc
or surrounding property notices would be done during the Site Plan Review process, but that there would be
referrals sent out. Bryant Gimlin noted that this leaves the surrounding property owners no ability to make a
statement about whether or not they had a problem with the business near their property. Lee Morr son nor,ei
that the C-3 zoning limits the possible businesses, this allows some idea of what may be allowed at the s t:!
Robert Anderson listed all the uses that are allowed in the C-3 Zone District.
Cathy Clamp asked what type of land this was. Robert noted that the land is listed as Other on .he USDA
maps, that neither parcel is listed as prime farm land.
Steve Stencil, Representative for the applicant, noted that the land is across the Interstate from most of he
town, that Mr. Cervi is not looking to place any specific busiresses on the site, he is just zoning the land while
he has the money, as commercially zoned land will sell better.
Lee Morrison asked how the water issue would be dealt with on the site. Mr. Stencil noted that the have
obtained well permits, but not commercial well permits. Lee Morrison noted that the Board of County
Commissioners will raise this issue at the next stage of this application. Steve Stencil stated that he will worK
with Mr. Cervi on what he would like to do to alleviate this issue, maybe even apply for the commercial weks
before the Board of County Commissioners hearing.
Michael Miller stated the well issue would better addressed at the Site Plan Review stage. Mike noted tnat
as a commercial property this site could be fenced and used for equipment storage or something in that same
idea. Mike noted there are several commercial uses that would not require a well.
Arlan Marrs stated he agrees that the Site Plan Review stage is the place to look at the water issue and that
this is the message to give to the County Commissioners. Arlan stated that with this piece of property and
the desire to develop in the future, a well permit at this point makes no sense, that it should be taken care of
at the Site Plan Review stage, and at that point the applicant can evaluate what type and size of well s
needed.
The Chair asked if there was anyone in the audience who Nished to speak for or against this application_
Glenn Teets,a surrounding property owner,noted that he feels the unsure future of the business at these sites
may effect the town of Roggen. Mr. Teets noted that he does not feel there is enough information to make
an intelligent decision concerning the change of zone, that Mr. Cervi does not know how the land will be
developed as he plans to sell it, and that he would prefer the land be zoned C-1 or C-2, thereby nar rcwing ti e
possible chance of an unsatisfactory use near their town. Bryant Gimlin noted that Robert Ande s:'n had
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION
September 19, 2000
Page 9
noted the possible uses of the land. Mr. Teets noted that there is too large a range involved in those choices
for a town the size of Roggen.
Steve Stencil noted that there will be a lesser impact on the other side of the Interstate and that the 0-3 zor it g
was chosen for the possibility of vehicle or equipment sales. Cristie Nicklas noted that the C-3 zonirg allows
flexibility to attract businesses to a more remote area.
Bryant Gimlin moved that Case Z-549 be forwarded to the Board of County Commissioners with the Plarrir g
Commissions recommendation of denial, citing Section 21 5.1.2, lack of compatibility with surrounding lar d
uses, and Section 21.5.1.3, lack of adequate water, noting that the application was in compliance with tP e
proposed Amendment 24. Stephen Mokray seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision Jul n
Folsom, yes; Arlan Marrs, no; Stephan Mokray, yes; Michael Miller, yes; Jack Epple, yes; Bryant Cirri:
yes; Cathy Clamp, yes; Cristie Nicklas, yes. Motion carried.
Michael Miller commented that it is hard to agree to a change of zone without knowing what type of husim_ss
will be on the site and how it might effect the surrounding property owners.
John Folsom commented that he agrees with Michael Miller.
Bryant Gimlin moved that Case Z-550 be forwarded to the Board of Coun:Commissioners with the alanr g
Commissions recommendation of denial, citing Section 21.5.1.2, lack of compatibility with surrounding land
uses, and Section 21.5.1.3, lack of adequate water, noting that the application was in compliance with the
proposed Amendment 24. Stephen Mokray seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision.. Join
Folsom, yes; Arlan Marrs, no; Stephan Mokray, yes; Michael Miller, yes; Jack Epple, yes; Bryan Gin,llrr.
yes; Cathy Clamp, yes; Cristie Nicklas, yes. Motion carried.
Meeting adjourned at 5:10 p.m.
Respectfully submitt d
Trisha Swanson
Secretary
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