HomeMy WebLinkAbout20002632.tiff HEARING CERTIFICATION
DOCKET NO. 2000-65 AND 2000-66
RE: CHANGE OF ZONE #549 AND #550 FROM THE A (AGRICULTURAL) ZONE DISTRICT
TO C-3 (COMMERCIAL) ZONE DISTRICT - MIKE CERVI
A public hearing was conducted on November 22, 2000, at 10:00 a.m.,with the following present:
Commissioner Barbara J. Kirkmeyer, Chair
Commissioner M. J. Geile, Pro-Tem
Commissioner George E. Baxter
Commissioner Dale K. Hall
Commissioner Glenn Vaad
Also present:
Acting Clerk to the Board, Carol Harding
Assistant County Attorney, Lee Morrison
Planning Department representative, Robert Anderson
Health Department representative, Pam Smith
Public Works representative, Diane Houghtaling
The following business was transacted:
I hereby certify that pursuant to a notice dated October 30, 2000, and duly published November 2,
2000, in the South Weld Sun,a public hearing was conducted to consider the request of Mike Cervi
for Change of Zone #549 from the A (Agricultural) Zone District to the C-3 (Commercial) Zone
District. Lee Morrison, Assistant County Attorney, suggested the Board consider the two matters
scheduled for today be considered together,with one record kept and two actions taken. With the
Board's concurrence, Chair Kirkmeyer also called up the request of Mr. Cervi for Change of
Zone #550 from the A (Agricultural) Zone District to the C-3 (Commercial) Zone District. Mr.
Morrison made these both a matter of record. Robert Anderson, Department of Planning Services,
presented a brief summary of the proposal and entered the unfavorable recommendation of the
Planning Commission into the record as written, and stated both applications are on 10-acre
parcels; Change of Zone #549 is on the east side of Weld County Road 73 and Change of
Zone #550 is on the west side of Weld County Road 73, both on 1-76, 1/2 mile northwest of
Roggen. Mr. Anderson stated the Planning Commission recommended denial because the
applicant failed to show an appropriate source of water and he failed to state the purpose of the
zone change. He stated the Department of Planning Services recommends approval, because the
proposals are consistent with the Weld County Comprehensive Plan since the site will encourage
the expansion of the industrial economic base and provide for a variety of employment
opportunities for citizens. Mr. Anderson also stated the uses which will be allowed are compatible
with existing and planned land uses in the neighborhood and that granting this Change of Zone will
have a minimum impact on surrounding land uses, which include the Texaco convenience center
and the Roggen Motel. He also stated there are no residences in close proximity to this site and
a Site Plan Review will be required prior to any new uses occur on the property. Mr.Anderson said
any problems that might raise concerns, such as water and sewer, or concerns of staff from the
Weld County Departments of Public Health and Environment or Public Works will be addressed
during said Site Plan Review process. Responding to Commissioners Vaad and Baxter, Mr.
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Anderson reiterated the surrounding uses are a Texaco convenience store,the Roggen Motel,and
grazing, with no farming taking place. Responding to Commissioner Hall, Mr. Anderson stated a
letter was received on November 21, 2000, from the Department of Water Resources, stating the
applicant has applied for commercial well permits. In response to Commissioner Hall, Pam Smith,
Department of Public Health and Environment, stated there are no specific precautions without
knowing the use, although the commercial zoning would require any system to be designed by an
professional engineer. Responding to Commissioner Hall, Mr. Anderson stated future concerns
regarding water would be mitigated during the Site Plan Review process, and that a Site Plan
Review would be required if there were to be a change of use. Responding to Mr. Morrison
regarding Environmental Protection rules, Ms. Smith stated there is a new ruling that industrial
waste cannot go into a septic system; however, a vault system could be used for process wastes,
to capture,test,and transport the waste. Responding to Commissioner Baxter, Diane Houghtaling,
Department of Public Works, stated the Colorado Department of Transportation would probably
require access onto Weld County Road 73 for both properties if it were available. Responding to
Commissioner Geile, Mr. Morrison stated the Warranty Deed and Quite Claim Deeds are only for
the purpose of proving ownership; since there is no problem with either parcel being a legal lot,
specific deeds are not necessary.
Chair Kirkmeyer requested clarification of what led to the Planning Commission's unfavorable
recommendation since nothing is indicated in the minutes. Mr. Anderson stated the Commission
members were concerned with possible uses which might occur on the property, and he read all
the possible Uses by Right in the C-3 Zone District from the Zoning Ordinance. He indicated the
Planning Commission members were more concerned with potential non-desirable uses such as
adult entertainment, and the applicant had not provided a use. Mr. Morrison clarified that the Site
Plan Review does not grant discretion to staff to deny a Use by Right, it only deals with health and
safety requirements;therefore, staff cannot determine whether a use is appropriate. Mr. Morrison
also responded to Commissioner Vaad that compatibility of surrounding uses can be addressed
at the Site Plan Review, for instance to determine no drainage issues are being created. It does
not, however, allow staff to refuse approval because of the use if other requirements of the zone
district can be met. Mr. Morrison stated C-3 does also accept C-1 and C-2 uses. Mr. Anderson
indicated the uses that would fit in C-3 zoning are listed in the Zoning Ordinance, in Section 33.4
of the Zoning Ordinance.
Chair Kirkmeyer indicated Roggen appears more comfortable with C-1 or C-2 zoning; however,
there do not appear to be many differences. Mr.Anderson stated it appears to be a desire to retain
the small-town characteristics of the area,and he also stated the Site Plan Review is only approved
by staff with no public notice, therefore, the Planning Commission was concerned about not being
able to approve the specific use.
Mr. Morrison stated a Planned Unit Development could exclude certain obnoxious uses; however,
responding to Chair Kirkmeyer, he stated exclusion of a use is not possible if the zoning changes
directly to C-3 with no Planned Unit Development involved. Mr. Morrison also clarified the Planning
Commission was also concerned about whether adequate water was available,since the letter from
the water district was not supplied in time for the Planning Commission hearing. Responding to
Commissioner Hall, Mr. Morrison stated the applicant's failure to obtain a well permit does not
invalidate the Change of Zone since the County has no control over a straight Change of Zone.
He said after the plat is recorded the zone district is changed and it cannot be re-addressed or
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have conditions attached to it; however, another option would be to require a water resource study
where an engineer would provide an opinion about whether water is available. The County's
protection would be if the applicant could not get the well permit, the Site Plan Review would not
be approved.
Steve Stencil, Intermill Land Surveying, represented the applicant and discussed the various
concerns of the Planning Commission. He said the uses would be compatible since the C-3 Zone
would allow a motel or gas station, it would eliminate sprawl zoning,and encourage the commercial
base without taking prime agricultural land out of production. Mr. Stencil stated the specific use
has not been determined, since it is not required in the Change of Zone process, which will allow
the applicant to have flexibility; however, the uses would be based either on demand or an
economical base. He stated the applicant would be willing to include a use restriction with a note
on the Final Plat or Covenants.
Mr. Stencil stated any water and sewer concerns would be addressed and mitigated through the
Site Plan Review process, and indicated there are currently two approved residential well permits
in place. He stated the Planning Commission indicated a commercial well permit should be
required; however, it could not be processed without first knowing the particular use. He stated
since the Planning Commission hearing he has received a letter from the Office of the State
Engineer, marked Exhibit E, which stated the applications are pending.
Responding to Commissioner Geile, Mike Cervi,applicant, stated the reason for doing the Change
of Zone is that the land between the two sites already has C-3 Zoning, as well as making the
property more viable. He stated he currently has three children on the ranch, and in the future they
may need to sell the property to financially be able to retain the ranch. Responding to further
questions from the Board, Mr. Cervi stated he expects the use to be for a motel, RV park,
convenience store,or something similarly adaptive to an interchange; although he would not agree
to restrict it to only a few uses. Mr. Cervi stated the property would be more valuable for sale if it
is zoned commercial. Mr. Morrison stated he is not comfortable with covenants, that other
processes are used to define use. Responding to Commissioner Baxter, Mr. Stencil stated the
aquifer does not require augmentation for this particular basin.
No public testimony was offered concerning this matter.
Commissioner Hall stated it appears adequate water will be available and moved to approve the
request of Mike Cervi for Change of Zone #549 from the A (Agricultural) Zone District to the C-3
(Commercial) Zone District, based on the recommendations of the Planning staff, with the
Conditions of Approval as entered into the record. The motion was seconded by Commissioner
Baxter. Chair Kirkmeyer requested staffs recommendations for approval and findings of fact be
included, specifically that it does meet the requirements of Sections 21.6.2, 21.6.2.1, 21.6.2.2,
21.6.2.3, 21.6.2.4., and 21.6.2.5. Commissioners Hall and Baxter agreed to the inclusion.
Commissioner Vaad stated he intends to support the motion because Mr. Cervi is a long-time
resident of the area and it is a matter of trust that he will not damage his own community.
Responding to Chair Kirkmeyer, Mr. Stencil stated the applicant has no comments or conflicts with
the Conditions of Approval and he agrees with them for both cases. The motion unanimously.
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Commissioner Hall moved to approve the request of Mike Cervi for Change of Zone#550 from the
A(Agricultural)Zone District to the C-3(Commercial)Zone District, based on the recommendations
of the Planning staff, with the Conditions of Approval and Development Standards as entered into
the record. The motion was seconded by Commissioner Baxter, and it carried unanimously.
This Certification was approved on the 27th day of November 2000.
APPROVED:
BOARD OF COUNTY COMMISSIONERS
'�--` W D COUNTY, COLO DO
ATTEST:
Barbara J irkmeyer, Chair
Weld County Clerk to t0
. J. eile, Pro-Tens
BY: ._iiiif
�-�n`s� �51�. f � j Deputy Clerk to the B.�y1l N` �� e- y_
Georg E. Baxter
TAPE #2000-33 ti"
Dale K. Hall
DOCKET#2000-65 and #2000-66 l�
Glenn 6d_
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EXHIBIT INVENTORY CONTROL SHEET
Case COZ#550 - MIKE CERVI
Exhibit Submitted By Exhibit Description
A. Planning Staff Inventory of Item Submitted
B. Planning Commission Resolution of Recommendation
C. Planning Commission Summary of Hearing (Minutes 09/19/2000)
D. Clerk to the Board Notice of Hearing
E. Applicant Letter requesting BOCC to consider case
F. Office of State Engineer Letter re: Well Permit Application
(11/21/2000)
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ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 22ND DAY OF NOVEMBER, 2000:
DOCKET#2000-65 - MIKE CERVI
DOCKET#2000-66 - MIKE CERVI
PLEASE legibly write or print your name and complete address and the DOCKET#
(as listed above) or the name of the applicant of the hearing you are attending.
NAME AND ADDRESS(Please include City and Zip Code)DOCKET#OF HEARING ATTENDING itie
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