HomeMy WebLinkAbout980167.tiff 11/10/97 MON 17:45 FAX 970 686 7180 TOWN OF WINDSOR A002
V TO: Windsor Planning Commission
FROM: Janet Carpenter, Senior Planner
DATE: October 31, 1997
SUBJECT: WELD OUNTY REFERRAL - SIl E SPE IFI
DEVELOPMENT PLAN AND SPECIAL USE PERMIT —
DOUGLAS BORN
LOCATION:
North of and adjacent to WCR 76, approximately V. mile
west of SH 257, located adjacent to the Town of Windsor's
limits on the east, north and south boundaries-
RECOMMENDATION: Denial based on the comments below.
DISCUSSION:
Enclosed in your packet is a request for a Site Specific Development Plan and Special
Use Permit to allow Douglas Born to operate a vehicle servicande,
r
business at the above location. The staff has reviewed the application
a site visit. The staff recommends denial of the application based on the following:
1. The usez is
not cAgricultural (Almpatible h the and the developing neighborhood
existing ozoniing (Planned
county 9 9
Residential Development (PD-R) which surrounds the property..
2. The parcel is surrounded by the Town of Windsor on three sides. The Town
would have no control over the potential hazards, environmental issues or
conduct of business.
3. This nonconforming use has the potential of causing surrounding residential
property values to depreciate.
net Carpenter
Senior Planner
Pc: Douglas Born
980167
11/10/97 16:49 TX/RX N0.9156 P.002
VVeltl County Plannine Celt.
Weld County Referral
SEP 2 51997
O September 16, 1 99 7
COLORADO
The Weld County Department of Planning Services has received the following item for review:
Applicant Douglas Born Case Number USR-1171
Please Reply By October 7, 1997 Planner Kern Keith ley
Project Site Specific Development Plan and Special Use Permit for a commercial use(vehicle
service, repair and sales business) in the A(Agricultural) zone district.
Legal Lot B of RE-1024 located in part of the SW4 of Section 29,T7N, R67W of the 6th P.M.,
Weld County, Colorado.
Location North of and adjacent to Weld County Road 76, approximately 3/4 mile west of State
Highway 257, located adjacent to the Town of Windsor's limits on the east, north and
south boundaries of the parcel.
Parcel Number 0705 29 000015
The application is submitted to you for review and recommendation. Any comments or recommendation you
consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full
consideration to your recommendation. Any response not received before or on this date may be deemed to be a
positive response to the Department of Planning Services. If you have any further questions regarding the application,
please call the Current Planner associated with the request.
Weld County Planning Commission Hearing(if applicable) November 4, 1997
❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan
❑ We have reviewed the request and find no conflicts with our interests.
#i See attached letter.
Comments: A., .>1 — ?rte_ t, ,
•
Signature �1 Date %l 2
Agency l
+Weld County Planning Dept. +1400 N. 17th Ave.Greeley,CO. 80631 6(970)353-6100 ext.3540 +(970) 352-6312 fax
980167 ' x
Windsor - Severance Fire Protection District
Office of the Fire Marshal _
728 Main Street • i.1'r1
Windsor, Colorado 80550
� #r+C,17
lannl
'Need
Kerri Keithley so) 2 51997
Planner
Weld County Planning Department
1400 N. 17thAve ° ��
wot
Greeley, Colorado 80631
RE: USR-1171
The subject case number refers to a"vehicle service, repair and sales business,"this definition is
inconsistent with the items located on the property. Review of the property indicated that the
owners were operating a salvage operation of old vehicles. The property contained bumpers,
hoods, vehicles, and other parts including tires. The storage of vehicles, parts, tires is inconsistent
with the types of properties in the vicinity. The property lies within an area zoned as agriculture
and adjacent lands are zoned as estate. Vehicle salvage operations should not be located near
areas zoned for residential occupancies. The storage or accumulation of tires, gas, and oil
represents a fire hazard. There are no hydrants located on or adjacent to this property. The
property is not adequately separated from residential areas to prevent the products of a fire from
threatening the health and safety of the residential properties.
The Windsor-Severance Fire Protection District recommends denial of this permit based upon:
1) Inconsistent or incompatible types of occupancies, and
2) Lack of adequate separation from residential areas, and
3) Lack of adequate fire fighting water supplies for the type of hazard.
If this permit is approved by the County, the permit should also require the installation of a fire
hydrant on the western edge of the property adjacent to the right of way on the county road. Fire
hydrant specifications adopted by the Fire District must also be met if approved.
If you have any questions please contact me at 686-9596.
Dan Grahar
Fire Marshal
980167
REcr , ur! cco 1 8 1997
a
ct
Wqp,�/ County Referral
i •
k
'.,,fP,s.;[DienSeptember 16, 1997
„, „. ,5 ,997
COLORADO
The Weld County Department of Planning Services has received the following item for review:
Applicant Douglas Born Case Number USR-1171
Please Reply By October 7, 1997 Planner Kerri Keithley
Project Site Specific Development Plan and Special Use Permit for a commercial use(vehicle
service, repair and sales business) in the A(Agricultural) zone district.
Legal Lot B of RE-1024 located in part of the SW4 of Section 29,T7N, R67W of the 6th P.M.,
Weld County, Colorado.
Location North of and adjacent to Weld County Road 76, approximately 3/4 mile west of State
Highway 257, located adjacent to the Town of Windsor's limits on the east, north and
south boundaries of the parcel.
Parcel Number 0705 29 000015
The application is submitted to you for review and recommendation. Any comments or.recommendation you
consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full
consideration to your recommendation. Any response not received before or on this date may be deemed to be a
positive response to the Department of Planning Services. If you have any further questions regarding the application,
please call the Current Planner associated with the request.
Weld County Planning Commission Hearing(if applicable) November 4, 1997
❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan
❑ We have reviewed the request and find no conflicts with our interests.
See attached letter.
Comments:
Signature Date q _ (�� 91
Agency lr// `�j�,(A, etelaae_-J 3
•Weld County Planning Dept. 01400 N.17th Ave.Greeley,CO.80631 4(970)353-6100 ext.3540 0(970)352-6312 fax
980157
Ike°
MEMORANDUM
41141
ITO: Kerni Keithley, Current Planner DATE: September 26, 1997
C, FROM: Don Carroll, Project Administrator {4
COLORADO
SUBJECT: USR-1171; Douglas Born
The Weld County Public Works Department has reviewed this proposal; the following requirements are
recommended to be a part of any approval:
REQUIREMENTS:
The applicant needs to keep the access lanes open throughout the facility for circulation on the site and utilize
designated areas for storage.
Utilize the designated access points to the site to access the loading and parking areas.
No open access will be allowed to WCR 76. No staging or parking will be allowed along the roadway.
cc: Commissioner Harbert
USR-1165
plan26
SU-
980167 1
itel1
MEMORANDUM
wilkTO: Kerri D. Keithley, W.C. Planning DATE: October 2, 1997
FROM: Sheble McConnellogue, W. C. Health Department
COLORADO
CASE NO.: USR-1171 NAME: Born, Douglas
Environmental Protection Services has reviewed this proposal;the following conditions are recommended to
be part of any approval:
1) All liquid and solid wastes shall be stored and removed for final disposal in a manner that protects
against surface and groundwater contamination.
2) No permanent disposal of wastes shall be permitted at this site.
3) Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust,
blowing debris, and other potential nuisance conditions.
4) Fugitive dust shall be controlled on this site.
5) The maximum permissible noise level shall not exceed the commercial limit of 60 db(A), as
measured according to 25-12-102, Colorado Revised Statutes.
6) The submitted materials indicate a proposed storage building will be erected within 200 feet of
the residence. Adequate toilet facilities shall be provided for the customers in the existing
residence.
7) The E.P.S. Division of the W. C. Health Department was unable to locate a septic permit for the
septic system serving the residence. The septic system shall be reviewed by a Colorado
Registered Professional Engineer. The review shall consist of an 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 E.P.S. Division of the W. C.Health Department. In the event the
system is found to be inadequately sized or constructed the system shall be brought into
compliance with current regulations.
8) All potentially hazardous chemicals and used oil must be stored, recycled and handled in a safe
manner. Reference 25-8-205.5 Colorado Water Quality Control Act and Rules and Regulations
thereof.
SM/vh.2907
'n1'!
OCT .1 01997
tXite1r
a s�
t & eld County Planning Dept.
NOV 2 11997 Weld County Referral
CR EC E I V E® September 16, 1997
•
COLORADO
•
The Weld County Department of Planning Services has received the following item for review:
Applicant Douglas Born Case Number USR-1171
Please Reply By October 7, 1997 Planner Kern Keithley
Project Site Specific Development Plan and Special Use Permit for a commercial use(vehicle
service, repair and sales business) in the A (Agricultural) zone district.
Legal Lot B of RE-1024 located in part of the SW4 of Section 29,T7N, R67W of the 6th P.M.,
Weld County, Colorado.
Location North of and adjacent to Weld County Road 76, approximately 3/4 mile west of State
Highway 257, located adjacent to the Town of Windsor's limits on the east, north and
south boundaries of the parcel.
Parcel Number 0705 29 000015
r
The application is submitted to you for review and recommendation. Any comments or recommendation you
consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full
consideration to your recommendation. Any response not received before or on this date may be deemed to be a
positive response to the Department of Planning Services. If you have any further questions regarding the application,
please call the Current Planner associated with the request.
Weld County Planning Commission Hearing(if applicable) November 4, 1997
❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan
❑ We have reviewed the request and find no conflicts with our interests.
XSee attached letter.
Comments:
•
Signature � Date l ��117
Agency /
d
+Weld County Planning Dept. +1400 N. 17th Ave.Greeley,CO.80631 0(970) 353-6100 ext.3540 4(970)352-6312 fax
9330167 1
•
WINDSOR PLANNING COMMISSION
November 6, 1997
Vice Chairman Gale Schick called the Windsor Planning Commission regular
session to order on November 6, 1997 at 7:00 p.m. Other members present were Wayne
Miller, Gloria Kane, Jim Cook, Mary Ann DeSylvia and Dave Ruff. Chairman Bob Frank was
absent. Planning Director Joe Plummer, Senior Planner Janet Carpenter, Town Engineer
Dennis Wagner, Public Works Superintendent Terry Walker and Parks Coordinator Roberta
Tolan were also present.
APPROVAL OF THE MINUTES OF OCTOBER 15, 1997.
Jim Cook made a motion to approve the October 15, 1997 minutes as
written. Mary Ann DeSylvia seconded the motion. Motion carried
unanimously.
PUBLIC INVITED TO BE HEARD.
There was none.
WELD COUNTY REFERRAL — SITE SPECIFIC DEVELOPMENT AND SPECIAL USE
PERMIT FOR A COMMERCIAL USE (VEHICLE SERVICE, REPAIR AND SALES
BUSINESS) IN THE A(AGRICULTURAL) ZONE DISTRICT-DOUGLAS BORN.
Senior Planner Janet Carpenter explained the application is for a site specific
development plan and special use permit to allow Douglas Born to operate a vehicle
service, repair and sales business at 7377 WCR 76. Mr. Plummer stated that staff has
reviewed the application and visited the site. Mr. Plummer stated that staff recommends
denial of this application based on the following:
1. The use is not compatible with the developing neighborhood and existing
county zoning Agricultural (A) and the Town's existing zoning (Planned
Residential Development (PD-R) which surrounds the property.
2. This parcel is surrounded on three sides by the Town of Windsor. The Town
would have no control over the potential hazards, environmental issues or
conduct of business.
3. This nonconforming use has the potential of causing surrounding residential
property values to depreciate.
The applicants, Douglas and Esther Born, were present. Mr. Born explained his
application is not for a vehicle repair business, but to enable him to collect antique and
classic cars.
980167
Windsor Planning Commission
November 6, 1997
WELD COUNTY REFERRAL — SITE SPECIFIC DEVELOPMENT AND SPECIAL USE
PERMIT FOR A COMMERCIAL USE (VEHICLE SERVICE, REPAIR AND SALES
BUSINESS) IN THE A (AGRICULTURAL) ZONE DISTRICT - DOUGLAS BORN
(CONT'D).
Mr. Born stated that he does sell parts that he can't use on his personal collection.
Mr. Born explained that his collection is his hobby and that he has constructed a storage
building and installed a fence and trees on his property in order to improve appearances.
Mr. Born explained to the Planning Commission members that he had completed this
application at the suggestion of Weld County.
Doug Cole, 7260 WCR 76, addressed the Planning Commission. Mr. Cole stated
that he has never had any problems with Mr. Born's activities.
Doug Connelly, 7237 WCR 76, addressed the Planning Commission. Mr. Connelly
stated that he is opposed to the application because this is not a proper use in a residential
area, the property is unsightly and the use will decrease residential property values.
The Planning Commission members discussed the application and the copies of the
signed petition which were included in the Planning Commission packet. Planning
Commissioner Jim Cook stressed that the application is for a permit to conduct a business
and does not address this use as a hobby. Mayor Miller noted that the petition has 88
signatures and that that demonstrates substantial opposition to this use.
Dave Ruff made a motion to recommend to Weld County denial of the
Weld County Referral — Site Specific Development and Special Use
Permit for a Commercial Use (Vehicle Service, Repair and Sales
Business) in the A (Agricultural) Zone District — Douglas Born based on
the petition against this use and on staffs recommendation of denial for
the following:
1. The use is not compatible with existing zonings
2. The Town would have no control over potential hazards,
environmental issues or conduct of business
3. The nonconforming use has the potential of causing surrounding
residential property values to depreciate
Mary Ann DeSylvia seconded the motion. Motion carried unanimously.
2 980167
Windsor Planning Commission
November 6, 1997
PUBLIC HEARING — CONDITIONAL USE GRANT - DAY SPA AND HERB SHOP
217 FIFTH STREET-GERALDINE VELASQUEZ.
Vice Chairman Gale Schick closed the regular meeting and opened the public
hearing.
Geraldine Velasquez, applicant, was present to address questions.
Liz Meyer, 230 5th St, addressed the Planning Commission. Ms. Meyer stated that
she has no problem with the business but stated that she would like the neighborhood to
remain as it has up to this point.
Linda Cumpsten, owner of the Leiser's building, addressed the Planning
Commission. Ms. Cumpsten stated that she has known the applicant and used her
services and has no objection to the business.
Craig Lichtenwalder, 428 Walnut St., addressed the Planning Commission. Mr.
Lichtenwalder stated he had no problem with the business but he did question the business
with a residence.
Wayne Miller made a motion to close the Public Hearing — Conditional
Use Grant — Day Spa and Herb Shop - 217 Fifth Street — Geraldine
Velasquez. Mary Ann DeSylvia seconded the motion. Motion carried
unanimously.
CONDITIONAL USE GRANT - DAY SPA AND HERB SHOP - 217 FIFTH STREET -
GERALDINE VELASQUEZ.
Vice Chairman Gale Schick re-opened the regular meeting.
Senior Planner Janet Carpenter discussed the application and stated that staff
recommends approval.
Gloria Kane made a motion to recommend approval of the Conditional
Use Grant — Day Spa and Herb Shop - 217 Fifth Street — Geraldine
Velasquez including the apartment in the rear of the business. Mary Ann
DeSylvia seconded the motion. Motion carried unanimously.
3
950167
Windsor Planning Commission
November 6, 1997
PUBLIC HEARING—WATER VALLEY SUBDIVISION, 2ND FILING— FINAL PLAT.
Vice Chairman Gale Schick closed the regular meeting and opened the public
hearing.
Martin Lind, applicant, and his representative, Steve Humann, were present to
address questions.
There was no public comment.
Jim Cook made a motion to close the Public Hearing — Water Valley
Subdivision, 2"' Filing — Final Plat. Dave Ruff seconded the motion.
Motion carried unanimously.
WATER VALLEY SUBDIVIISON 2ND FILING— FINAL PLAT.
Planning Director Joe Plummer updated the Planning Commission, noting that item
#2 of the staff memorandum has been resolved as a result of a meeting with the applicant,
Parks Coordinator Roberta Tolan and the Planning Director. Mr. Plummer referred to a
letter from Mr. Steve Humann, which lists the cul-de-sac lengths and requests variances of
the maximum cul-de-sac length of 600 feet. Mr. Plummer stated that he had met with Fire
Marshal Dan Graham and that Mr. Graham is comfortable with the proposed cul-de-sac
lengths as listed. Mr. Plummer stated that staff recommends approval of the final plat.
Dave Ruff made a motion to recommend to Town Board approval of the
Water Valley Subdivision, 2nd Filing — Final Plat with the inclusion of the
Cul-de-sac Variance Request letter. Mary Ann DeSylvia seconded the
motion. Motion carried unanimously.
WELD COUNTY SCHOOL DISTRICT RE-4 - JOINT MAINTENANCE FACILITY -
PRELIMINARY/FINAL SITE PLAN.
Planning Director Joe Plummer reviewed the history of the school district property.
Mr. Plummer explained that Colorado State statutes only require that the Planning
Commission review and approve any site plan improvements for school districts without
having to be reviewed by the Town Board. Mr. Plummer stated that all site planning issues
have been resolved and that staff recommends approval of both the preliminary and final
site plans.
4
Windsor Planning Commission
November 6, 1997
WELD COUNTY SCHOOL DISTRICT RE-4 - JOINT MAINTENANCE FACILITY -
PRELIMINARY/FINAL SITE PLAN (CONT'D).
RE-4 School District Superintendent Brian Lessman was present as representative
for the school district. Mr. Lessman discussed landscaping plans and the school district's
tree farm. Mr. Lessman stated that landscaping materials would be provided by the tree
farm.
Wayne Miller made a motion to approve the Weld County School District
RE-4 — Joint Maintenance Facility — Preliminary and Final Site Plans as
presented. Dave Ruff seconded the motion. Motion carried
unanimously.
RECOMMENDATION TO TOWN BOARD—VALLEY CENTER SUBDIVISION - LOT C-1 -
SITE PLAN— KEVIN KING.
Planning Director Joe Plummer addressed the Planning Commission and explained
that this site plan is one of four trial projects for staff review and approval with the Planning
Commission and Town Board reviewing only if there were unresolved issues between the
applicant and staff. Mr. Plummer explained the issues, which have been unresolved, are
landscaping and paving of off-street parking areas.
Parks Coordinator Roberta Tolan discussed landscaping requirements including
appropriate species, location and irrigation.
Kevin King addressed the Planning Commission. Mr. King explained that he feels
that the landscaping as shown on the submitted site plan is adequate. Mr. King also stated
that the area shown as the north parking lot on the site plan is not needed for required off-
street parking space and that there is no need to pave the north parking lot if it is not
required parking.
Wayne Miller made a motion to recommend to Town Board approval of
the Valley Center Subdivision — Lot C-1 - Site Plan as submitted with the
deletion of the "North Parking Lot" designation. Dave Ruff seconded the
motion. Motion carried unanimously.
980167
5
33017'7 '
Windsor Planning Commission
November 6, 1997
PUBLIC HEARING — REVISIONS TO CHAPTERS 16 AND 17 - SITE PLAN AND
PARKING REGULATIONS.
Vice Chairman Gale Schick closed the regular meeting and opened a public
hearing.
Planning Director Joe Plummer addressed the Planning Commission and gave a
brief explanation of definitions and amendments. Mr. Plummer stated that staff
recommends approval of the proposed changes.
Stan Everitt, 307 North Shores Circle; addressed the Planning Commission and
discussed the definition for parking lot in relation to company vehicle storage and
recommended clarification.
There was no further public comment.
Jim Cook made a motion to close the Public Hearing — Revisions to
Chapters 16 and 17 — Site Plan and Parking Regulations. Mary Ann
DeSylvia seconded the motion. Motion carried unanimously.
REVISIONS TO CHAPTERS 16 AND 17 -SITE PLAN AND PARKING REGULATIONS.
Vice Chairman Gale Schick re-opened the regular meeting.
The Planning Commissioners and staff discussed the section of the proposed
amendments pertaining to site plan notification and review process and provision of
documentation to the Planning Commission.
Planning Director Joe Plummer informed the Planning Commissioners that the off-
street parking and parking lot revisions would be on a later Town Board agenda; the site
plan revision will be on the Town Board agenda for November 10, 1997.
Jim Cook made a motion to recommend approval to Town Board of the
Revisions to Chapters 16 and 17 — Site Plan and Parking Regulations as
proposed. Mary Ann DeSylvia seconded the motion. Motion carried
unanimously.
RECOMMENDATION TO THE TOWN BOARD— SIMPSON ANNEXATION.
Stan Everitt, applicant, addressed the Planning Commission and discussed the
arinAxation. Mr. Everitt explained the proposed zonings and also discussed the possibility
6 380167
Windsor Planning Commission
November 6, 1997
of revising the annexation map by including an additional parcel of property and continuing
with the process.
Senior Planner Janet Carpenter advised Mr. Everitt of publishing and notification
requirements and stated that it would be to Mr. Everitt's best interest to go with a second
annexation for that parcel of property.
The Planning Commission members and staff discussed park land dedication
requirements.
Planning Director Joe Plummer discussed a conversation from the October 15, 1997
Planning Commission meeting in which Mr. Everitt offered to retain ownership of a .44 acre
outlot to dedicate as park land in conjunction with any future development of the Hoehne
property to the north.
Mr. Everitt stated that he is willing to retain that property for park dedication, if there
is a time limit set on that retention. Mr. Everitt stated that at some point, if the parcel is not
dedicated as a park, the parcel would revert back to the home owners' association as open
space.
Gloria Kane made a motion to recommend to Town Board approval of the
Simpson Annexation with reservation of the .44 acre outlot by the
applicant to be possibly dedicated to the Town as park land in
conjunction with any development of park land by Mr. Hoehne, with the
reservation of the .44 acre outlot by the applicant to continue for a period
of five years after completion of that phase of the development,
renegotiable at that time or the property will revert back to the home
owner's association. Mary Ann DeSylvia seconded the motion. Motion
carried unanimously.
SHUTTS PROPERTY SUBDIVISION - PRELIMINARY PLAT REVIEW.
Planning Director Joe Plummer noted that staff recommends approval of the
preliminary plat.
Jon Turner, applicant, was present for questions.
Wayne Miller made a motion to approve the Preliminary Plat — Shutts
Property Subdivision. Gloria Kane seconded the motion. Motion carried
unanimously.
7
980167
Windsor Planning Commission
November 6, 1997
RECOMMENDATION TO THE TOWN BOARD — PARK DEVELOPMENT FEE AND LAND
DEDICATION ORDINANCE.
Parks Coordinator Roberta Tolan distributed copies of revisions to the ordinance
and explained the changes. Ms. Tolan also discussed information that is contained in the
Parks Master Plan.
Wayne Miller made a motion to recommend to Town Board approval of
the Park Development Fee and Land Dedication Ordinance. Jim Cook
seconded the motion. Motion carried unanimously.
COMMUNICATION FROM THE PLANNING COMMISSION.
Mayor Wayne Miller thanked staff for their efforts in attempting to gain resolution of
issues prior to the Planning Commission meetings.
COMMUNICATIONS FROM THE STAFF.
Planning Director Joe Plummer discussed the Lincoln Land Use Symposium to be
held in Fort Collins on December 11, 1997. Mr. Plummer noted that the topics include land
use and open space issues.
Mr. Plummer informed the Planning Commission members that there will be a work
session on November 13, 1997 at 6pm to continue review of the Comprehensive Plan.
Plans are to have a work session on November 19, 1997 following the regular Planning
Commission meeting.
Mr. Plummer informed the Planning Commission members about a Chili dinner/Fund
raiser to be held by the Windsor/Severance Fire District for Mark Ziegler.
Gloria Kane made a motion that the meeting be adjourned. Mary Ann
DeSylvia seconded the motion. Motion carried unanimously.
There being no further business, the meeting was adjourned at 9:25 p.m.
Peggy Tremelling, Secretary
8 380167
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