HomeMy WebLinkAbout990875.tiff INVENTORY OF ITEMS FOR CONSIDERATION
Applicant Don Carlisle Case Number Z-523
Submitted or Prepared
Prior to At Hearing
Hearing
1 Planning Commission Resolution
2 Letter to applicant X
3 Field Check form X
4 Comments X
5 Legals X
6 Application X
7 Referral List X
8 Referral Form X
9 Colorado Dept. Of Transportation referral 3/11/99 X
10 Weld County Code Enforcement referral 3/5/99 X
11 West Greeley Soil Conservation District referral 3/29/99 X
12 Weld County Public Works referral 3/25/99 X
13 Weld County Health Department referral 3/11/99 X
14 Maps X
15 SPOs X
16 St. Vrain Valley School District RE-1J referral 2/26/99 (2 pages) X
EXHIBIT
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I hereby certify that the 16 items identified herein were submitted to the Department of Planning Services at
or prior to the scheduled Planning Commission hearing. I further certify that these items were forwarded to
the Clerk to the Board's office.
Ben Patton ❖ Planner
STATE OF COLORADO )
COUNTY OF WELD )
SUBSCRIBED and SWORN TO BEFORE ME THIS 62/ day of Op
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CHANGE OF ZONE
ADMINISTRATIVE RECOMMENDATION
COLORADO
CASE NUMBER: Z-523
PLANNER: Ben Patton
APPLICANT: Don Carlisle
ADDRESS: 500 1st Ave. Greeley, CO 80631
REQUEST: Change of Zone from C-1 to C-3 for one parcel
LEGAL DESCRIPTION: Tract"B" of AM RE-140; Pt. Lot 5 of the SE 1/4 NE 1/4 of Section 5, Township 5
North, Range 65 West; and Lot 3 of the SW 1/4 NW 1/4 of Section 4, Township 5, Range 65
LOCATION: East of and adjacent to 1st Avenue, approx. 1/8 mile north of 5th St.
ACRES: 1.3 acres PARCEL#: 0961 04 200037
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 Section 21.4 of the
Weld County Zoning Ordinance, as amended.
2. The submitted materials are in compliance with Section 21.5 of the Weld County Zoning Ordinance,
as amended as follows:
A. Section 21.5.1.1 -That the proposal is consistent with the Weld County Comprehensive Plan.
1. A.Goal 1 stated "Preserve prime farmland for agricultural purposes which fosters
economic health and continuance of agriculture." No prime farm ground is being
taken out of production through this application.
B. Section 21.5.1.2-The uses which would be allowed on the subject property by granting the
change of zone will be compatible with the surrounding land uses.'Surrounding properties
include land zoned 1-3 (Industrial) to the north, east, and south, and the City of Greeley
boundary lies to the immediate west. The Department of Planning Services believes that the
granting of this change of zone will have a minimal impact on the surrounding land uses.
C. Section 21.5.1.3 -Adequate water and sewer service can be made available to the site to
serve the uses permitted within the proposed zone district. Domestic water and water for fire
protection shall be provided by the North Weld County Water District. The site is currently
operating with an ISDS septic system through Weld County.
D. Section 21.5.1.4-Street or highway facilities providing access to the property are adequate
in size to meet the requirements of the proposed zone districts. Existing access to the site
currently exists from 1st Avenue. This access is regulated by the Colorado Department of
Transportation, which had no conflict with the proposed Zone Change.
E. Section 21.5.1.5- In those instances where the following characteristics are appf
rezoning request, the applicant has demonstrated compliance with the appllcabl. -:.zgKialattrnatt
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Service,Teamwork, Integrity, Quality
1. Section 21.5.1.5.2 - The proposed rezoning does not contain the use of any area
know 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.
2. Section 21.5.1.3-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.
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 C-1 (Neighborhood Commercial) to C-3 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. The following notes shall be placed on the Change of Zone Plat:
A. All construction or improvements occurring in the flood plain as delineated on FEMA
Community Panel Map 080266 0628 C, dated September 28, 1982, shall comply with the
Flood Hazard Overlay District requirements of Section 26 of the Weld County Zoning
Ordinance.
B As described in Section 74 of the Weld County Zoning Ordinance, the statue structure
located on the site is considered a Non-Conforming structure by Weld County. The Non-
Conforming structure must stay in compliance with Weld County policy as follows:
74 Non-Conforming Structures. Where a lawful STRUCTURE exists at the effective
date of adoption or amendment of this Ordinance that could not be built under the
terms of this Ordinance by reason of restrictions on area, LOT coverage, height, its
location on the LOT, or other requirements concerning the STRUCTURE, such
STRUCTURE may continue to exist so long as it remains otherwise lawful, subject
to the following provisions:
74.1 Repair and Restoration. Should such non-conforming STRUCTURE or non-
conforming portion of a STRUCTURE be destroyed by any means to an extent more
than fifty percent(50%)of its replacement cost at time of destruction, it shall not be
restored except in conformance with the provisions of this Ordinance. Ordinary
repairs the value of which do not exceed fifty percent (50%) of replacement cost of
the STRUCTURE may be permitted.
74.2 Expansion or enlargement. No such non-conforming STRUCTURE or non-
conforming portion of a STRUCTURE may be expanded, enlarged or altered in a
way which increases its non-conformity, except that those STRUCTURE(S) that are
non-conforming by reason of non-compliance with existing SETBACK requirements
may be expanded or enlarged so long as such expansion or enlargement does not
further diminish the non-conforming SETBACK. No expansion or enlargement of
STRUCTURE(S) shall be allowed within an existing right-of-way.
74.3 Substitution of STRUCTURES. Should such non-conforming STRUCTURE be
moved for any reason, for any distance whatever, it shall thereafter conform to the
regulations for the zoning district in which it is located after it is moved.
Service,Teamwork, Integrity, Quality
74.4 Existing Building Permits. To avoid undue hardship, nothing in this Ordinance shall
be deemed to require a change in the plans or construction of any STRUCTURE on
which actual construction was lawfully begun prior to the effective date of adoption
or amendment of this Ordinance and upon which actual construction has been
carried on diligently. Actual construction is hereby defined to include the placing of
construction materials in permanent position and fastened in a permanent manner.
Where excavation or demolition or removal of an existing STRUCTURE has begun
preparatory to construction, such excavation, demolition or removal shall be deemed
to be actual construction provided a building permit for the new STRUCTURE has
been issued and the preparatory work is carried on diligently.
C. The uses allowed "by right" through this change of zone application will include those listed
as uses by right and accessory uses in the C-1, C-2, and C-3 zones, as described in Section
33 of the Weld County Zoning Ordinance. Those listed as uses by right in the I-1 (Light
Industrial) Zone are allowed through the Use by Special Review process.
D. All proposed or existing structures shall meet the minimum setback and offset requirements
for the zone district in which the property is located. Pursuant to the definition of SETBACK
in the Weld County Zoning Ordinance (Ordinance 89, as amended), the required setback is
measured from the right-of-way line.
Service,Teamwork, Integrity,Quality
4 DEPARTMENT OF PLANNING SERVICES
PHONE (970) 353-6100, EXT.3540
141
FAX (970) 352-6312
WELD COUNTY ADMINISTRATIVE OFFICES
1400 N. 17TH AVENUE
IGREELEY, COLORADO 80631
C.
COLORADO
February 23, 1999
Don Carlisle
504 1st Ave
Greeley, CO 80631
Subject: Z-523- Request for a Change of Zone from C-1 to C-3 on a parcel of land described as Lot B of
AmRE-140; Part of Lot 5 of SE4 of the NE4 of Section 5, T5N, R65W of the 6th P.M., Weld
County, Colorado.
Dear Don Carlisle:
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 April 20, 1999, at 1:30 p.m. This meeting will take
place in Room 101, Commissioner's Hearing Room, Weld County Centennial Center, 915 10th Street,
Greeley, Colorado. It is recommended that you and/or a representative be in attendance to answer any
questions the Planning Commission members may have.
It is the policy of Weld County to refer an application to any town or municipality lying within three miles of the
property or if the property is located within the comprehensive planning area of a town or municipality.
Therefore, our office has forwarded a copy of the submitted materials to the City of Greeley Planning
Commission for its review and comments. Please call the City Greeley at(970)350-9780 for further details
regarding the date, time, and place of this meeting. It is recommended that you and/or a representative be
in attendance at the City of Greeley Planning Commission meeting to answer any questions the Commission
members may have with respect to your application.
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,
-
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Ben Patton
Planner
FIELD CHECK inspection date: April 9, 1999
CASE NUMBER: Z-523
APPLICANT: Don Carlisle
LEGAL DESCRIPTION: Lot B AM RE-140; Pt. Lot 5 SE 1/4 NE 1/4
Section 5, Township 5, Range 65
LOCATION: East of and adjacent to 1st Ave. Greeley, Approx. 1/8 mile north of
5th St.
Zoning Land Use
N 1-3 (Industrial) N Commercial/Industrial business
E 1-3 (Industrial) E Commercial/Industrial business
S 1-3 (Industrial) S Commercial/Industrial business
W 1-3 (Industrial) W US 85 Bypass
COMMENTS: Site currently occupied by mobile home sales business including
several mobile homes and sales office. Access from frontage road (1st Ave.) is
adequate. Existing mobile homes are very close to front property line. No other on-
site concerns are apparent.
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