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Home My WebLink About951181.tiffINVENTORY OF ITEMS SUBMITTED FOR CONSIDERATION Applicant: Louis J. Brighi Fourth Family Partnership/Rudolf G. Danford Case Number: 2-493 Submitted or Prepared Prior to Hearing 1. Application 17 pages x 2. Application plat 1 page x 3. DPS referral summary sheet and letter x 4. DPS letter to applicant x 5. DPS Recommendation x 6. DPS Surrounding Property Owner/Mineral Owner Mailing list, letter and certificate. x 7. DPS Maps Prepared by Planning Technician x 8. DPS Notice of Hearing x 9. DPS Case File Summary Sheet x 10. DPS Field Check x 11. 3/95 field check from Curt Moore x 12. 2/27/95 referral from CO Dept. of Highways x 13. 12/15/95 referral from CO Dept. of Highways x 14. 2/10/95 referral from County Public Works Dept. x 15. 2/10/95 referral from County Health Dept. x 16. 2/8/95 referral from Greeley Soil Conserv. Dist. x 17. Board of County Commissioners resolution dated 1/11/95 granting RE -1680 to applicant x 18. City of Greeley Planning Commission summary x EX bi, bt f- f} At Hearing 951181 19. 3/16/95 referral from Colorado Division of Water x Resources 20. 3/7/95 referral from Longmont Soil Conserv. Dist. x 21. Map submitted by Gary Tuttle x 22. 43 8 1/2" x 11" pictures submitted by Greg Shaw x I hereby certify that the 22 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 on March 28, 1994. Gl•ria Dunn, Current Planner STATE OF COLORADO COUNTY OF WELD SUBSCRIBED AND SWORN TO BEFORE ME THIS day of 11 lW tCL 19% ,'••..... . O^ NO 1 ARY PUBLIC My Commission Expires p -k l 1 c19 951101 COLORADO MEMORANDUM TO: Board of County Commissioners April 12, 1995 FROM: Gloria Dunn, Current Planner C+ SUBJECT: Z-493, Louis Brighi/Rudolf C. Danford Please refer to the letter from Colorado Geological Survey, dated March 16, 1995, which has been made a part of your change of zone packet. This referral was not received early enough to include in the Department of Planning Services' staff recommendation prepared for the Planning Commission hearing. The letter states concern in construction of the proposed building on the site prior to a soils investigation taking place. Jim Soule of the Colorado Geological Survey inspected the property and has requested that the report be completed and forwarded to him for review. In response to this concern, staff requests that one additional note be placed on the change of zone plat prior to recording. The note, identified as 2(d), states: "The Site Plan Review submittal shall include a site -specific soils report prepared by a qualified soils and foundation engineer who has inspected the property. The report shall show the suitability of the site for structures." 951181 ck lulu + E DATE: March 21, 1995 CASE NUMBER: Z-493 NAME: Louis J. Brighi Fourth Family Limited Partnership/Rudolf G. Danford ADDRESS: c/o Glen Droegemueller, 822 7th Street, Greeley, CO 80631 REQUEST: Change of Zone from A(Agricultural) to C-3(Commercial) LEGAL DESCRIPTION: Lot A of RE -1680 in part of the SE4 of Section 4, T5N, R66W of the 6th P.M., Weld County, Colorado LOCATION: West of and adjacent to 59th Avenue and north of Highway 34 Business Route 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 21.7 of the Weld County Zoning Ordinance. 2. It is the opinion of the Department of Planning Services' staff that the applicant has shown compliance with Section 21.5 of the Weld County Zoning Ordinance as follows: The proposal is consistent with the Weld County Comprehensive Plan's Urban Growth Boundary goals and policies. The Greeley Planning Commission indicated that the proposal complies with the Greeley Comprehensive Plan. Changing conditions in the area warrant a change of zone. zoning (C-3) presently exists directly south and west of parcel. Property located east lies in the Greeley city that land use is also transitional in nature. Commercial the subject limits, and The uses which would be allowed on the subject property by granting the change of zone request will be compatible with the surrounding land uses, which include a liquor store, retail rental business, building products business, a residence and agricultural ground. Water service determined to be adequate by the Weld County Health Department is available to serve the site. Bottled wate 951181 provided for drinking purposes and a cistern shall be installed for all other domestic water required in the commercial use. A septic system shall provide sewer service on the site. Weld County Road 31 (59th Avenue) provides access to the property and is of adequate size to meet the requirements of the proposed commercial zone district. The proposed change of zone is not located within any Overlay District identified by maps officially adopted by Weld County. No known commercial mineral deposits are located on the site. - Soil conditions on the site are such that they do not present moderate or severe limitations to the construction of structures or 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 Department of Planning Services' staff recommendation for approval is conditional upon the following: 1. The change of zone plat map shall be submitted to the Department of Planning Services within 30 days of approval by the Board of County Commissioners. 2. Prior to recording, the following notes shall be placed on the change of zone plat: a. A Site Plan Review is required for this site, in accordance with Section 23 of the Weld County Zoning Ordinance. b. This parcel shall be limited to one access. The access shall be located no less than 200 feet north of the future edge of the traveled way of State Highway 34 Business Route. c. At such time that City of Greeley water and/or sewer service is available to the subject parcel, the applicant or landowner shall be required to connect to the water and/or sewer lines and pay all applicable fees. 951161 ADDITIONAL COMMENTS Z-493 Louis J. Brighi Fourth Family Partnership/Rudolf Danford The lot in question is characterized by a conflict in land uses allowed, as the north portion is zoned A(Agricultural) and the south is zoned C-3(Commercial). A retail business is allowed as a Use by Right on property zoned C-3(Commercial). Therefore, the proposed business could occur on the commercial portion of this site as it exists now. If the entire property was zoned commercial, however, the prospective landowner could utilize the site and handle issues such as parking and loading areas more efficiently. 951161 ADDITIONAL COMMENTS Z-493 Louis J. Brighi Fourth Family Partnership/Rudolf Danford The City of Greeley Planning Departmentrecommendsdenial of this change of zone request. The site is adjacent to the Greeley city limits on the east. According to the City staff, additional commercial land use at this location does not comply with the Greeley Comprehensive Plan. Further, there is concern for intensifying traffic in the area. The Greeley Planning Commission will consider the request on March 14, 1995, and make a recommendation to the City Council The lot in question is characterized by a conflict in land uses allowed, as the north portion is zoned A(Agricultural) and the south is zoned C-3(Commercial). A retail business is allowed as a Use by Right on property zoned C-3(Commercial). Therefore, the proposed business could occur on the commercial portion of this site as it exists now. If the entire property was zoned commercial, however, the prospective landowner could utilize the site and handle issues such as parking and loading areas more efficiently. 951181 LAND -USE APPLICATION SUMMARY SHEET Date: March 14, 1995 CASE NUMBER: Z-493 NAME: Louis J. Brighi Fourth Family Limited Partnership/Rudolf G. Danford ADDRESS: c/o 822 7th Street, Suite 330, Greeley, CO 80631 REQUEST: Change of Zone from A(Agricultural) to C-3(Commercial) LEGAL DESCRIPTION: Lot A of RE -1680 in part of the SE4 of Section 4, T5N, R66W LOCATION: West of and adjacent to 59th Avenue and north of W. 10th Street SIZE OF PARCEL: 1.3 acres, more or less POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS: The criteria for review of this Special Review permit is listed in Section 21.5 of the Weld County Zoning Ordinance. This parcel was a part of a larger lot (4.3 acres) created in 1963. A blanket rezoning from Agricultural to Commercial occurred along West 10th Street in 1966 which affected the southern portion of the parcel. Approval of the rezoning resulted in a parcel which has dual zoning and, therefore, a conflict in land uses which may take place on the parcel. In January, 1995, the Board of County Commissioners approved RE -1680 which divided the 4.3 acres into two lots of 1.4 and 2.9 acre parcels, more or less. (A copy of the Commissioners' resolution is attached, giving conditions of approval that are to be satisfied if the property is developed commercially). Applicant Mr. Danford wishes to develop Lot A for a commercial business. The lot is zoned commercial on the south and agricultural on the north. He is requesting a change of zone that will allow him to utilize the entire 1.4 acre site commercially. The Department of Planning Services' staff has received referral responses 951.1©1 1. Weld County Health Department 2. Weld County Public Works Department 3. Colorado Department of Transportation 4. West Greeley Soil Conservation District 5. City of Greeley Planning Department The Department of Planning Services' staff has received one inquiry but no objections from surrounding property owners. 951181 WIDc. COLORADO February 8, 1995 DEPARTMENT OF PLANNING SERVICES PHONE (303) 353-3845, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES 1400 N. 17TH AVENUE GREELEY, COLORADO 80631 Louis Brighi Family Limited Partnership 1300 Polomar Drive Greeley, CO 80634 Subject: Z-493- Request for a Change of Zone from A (Agricultural) to C-3 (Commercial) on a parcel of land described as Lot A of RE -1680 located in part of the SE4 of Section 4, T5N, R66W of the 6th P.M., Weld County, Colorado. Dear Applicant: Your application and related materials for the request described above are complete and in order at the present time. I have scheduled a meeting with the Weld County Planning Commission for March 21, 1995, at 1:30 p.m. This meeting will take place in the County Commissioners' Hearing Room, first floor, 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 might have with respect to your application. It is the policy of Weld County to refer an application of this nature to any town or municipality lying within three miles of the property in question or if the property under consideration 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 Greeley Planning Commission for its review and comments. Please call City of Greeley at 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 Planning Commission meeting to answer any questions the Commission members may have with respect to your application. Sometime prior to March 10, 1995, a representative from the Department of Planning Services will be out to the property 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 under consideration 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 post a second sign at the point at which the driveway (access drive) intersects a publicly maintained road right-of-way. 951181 �i • EX BIT 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 feel free to call me. Respectfully, Dunn Current Planner pc: Rudolf Danford Glen Droegemueller SERVICE, TEAMWORK, INTEGRITY, QUALITY 951181 FIELD CHECK FILING NUMBER: Z-493 DATE OF INSPECTION: APPLICANT'S NAME: Louis Brighi Fourth Family Limited Partnership and Rudolf Danford REQUEST: For a Change of Zone from A (Agricultural) to C-3 (Commercial) LEGAL DESCRIPTION: Lot A of RE -1680 located in part of the SE4 of Section 4, T5N, R66W of the 6th P.M., Weld County, Colorado. LOCATION: West of and adjacent to 59th Avenue and north of Highway 34 Business Route. LAND USE: N — Acar, cuttore E — 0fu% srce COI" nerc;c' bJ'.la:m , recAeni:41 ceveltreµ :n Ilrorp ,5 S — Reit,',1 goSine.s W — Sr,w6 correA and one te5.Je4W4I gwcllln1 ZONING: N — G\9c; ca1lG1 E — CDMn erc;w\ S — Cornmert\cA W - COlnMereicS 14Mr1 cdt4ora1 COMMENTS: MarceA aV rS -1° SWve.J•ckit =r✓ id .1Or +L descAea tJ I ll %Vete 'Je cAectJete.. �ar�; "" E./:.4 951181 FIELD CHECK FILING NUMBER: Z-493 DATE OF INSPECTION: March 8, 1995 APPLICANT'S NAME: Louis J. Brighi Fourth Family Limited Partnership/ Rudolf G. Danford REQUEST: Change of Zone from A(Agricultural) to C-3(Commercial) LEGAL DESCRIPTION: Lot A of RE -1680 located in part of the SE4 of Section 4, T5N, R66W of the 6th P.M., Weld County, CO LOCATION: West of and adjacent to 59th Avenue and north of Highway 34 Business Route LAND USE: N Residence, agricultural ground E 59th Avenue, agricultural ground S Commercial uses, agricultural ground, Highway 34 Business Route W Corrals & agricultural outbuildings, commercial uses ZONING: N A (Agricultural) E Greeley City Limits S C-3 (Commercial) W C-3 (Commercial, A (Agricultural) COMMENTS: The parcel is surrounded by both commercial and agricultural uses. Property directly west slopes to the southwest severely, although the parcel in question is fairly flat in topography. Existing access to the parcel is from 59th Avenue; this access will need to be relocated to the north. G1- i- Dunn, Current P 95119t id EXHIBIT /6 J Hello