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HomeMy WebLinkAbout20131690.tiffWELD____COUNTY Planner: Case Number: Applicant: Site Address: Request: Legal Description: LAND USE APPLICATION SUMMARY SHEET Diana Aungst USR12-0063 Murdoff Holdings, LLC do Gordon Murdoff 34018 County Road 15, Windsor, CO 80550 Hearing Date: June 4, 2013 A Site Specific Development Plan and Use By Special Review Permit Any Use Permitted as a Use By Right, an Accessory Use, or a Use By Special Review in the Commercial or Industrial Zone Districts (Outside Recreational Vehicle Storage) provided that the property is not a lot in an approved or recorded subdivision plat or lots parts of a map or plan filed prior to adoption of any regulations controlling subdivisions in the A (Agricultural) Zone District. Lot A of Recorded Exemption RE -2798 being part of the SW4 of Section 8, T6N, R67W of the 6th P.M., Weld County, CO Location: East of and adjacent to County Road 15 and approximately 0.25 miles north of Windshire Drive Size of Parcel: +/- 2.225 acres Parcel No. 0807-08-3-00-001 POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS The criteria for review of this Special Review Permit is listed in Section 23-2-220 of the Weld County Code. The Department of Planning Services' staff has received referral responses with comments from the following agencies: • Town of Windsor, referral dated October 18, 2012 Weld County Department of Public Works, referral dated October 18, 2012 Windsor -Severance Fire Protection District, referral dated September 20, 2012 Weld County Department of Public Health and Environment, referral dated October 11, 2012 Weld County Department of Building Inspection, referral dated October 18, 2012 The Department of Planning Services' staff has received referral responses without comments from the following agencies: Weld County Sheriff's Office, referral dated September 18, 2012 • Weld County Zoning Compliance, referral dated September 20, 2012 • North Weld County Water District, referral dated September 21, 2012 • Colorado Division of Parks and Wildlife, referral dated September 25, 2012 • State of Colorado, Division of Water Resources, referral dated August 3, 2012 • Northern Colorado Water Conservancy District, referral dated September 20, 2012 USR12-0063. Murdoff Holdings, LLC Page 1 of 10 The Department of Planning Services' staff has not received responses from the following agencies: School District RE -4 West Greeley Soil Conservation District USR12-0063. Murdoff Holdings, LLC Page 2 of 10 WELD -COUNTY u Planner: Case Number: Applicant: Site Address: Request: Legal Description: SPECIAL REVIEW PERMIT ADMINISTRATIVE REVIEW Diana Aungst USR12-0063 Murdoff Holdings, LLC do Gordon Murdoff 34018 County Road 15, Windsor, CO 80550 Hearing Date: June 4, 2013 A Site Specific Development Plan and Use By Special Review Permit Any Use Permitted as a Use By Right, an Accessory Use, or a Use By Special Review in the Commercial or Industrial Zone Districts (Outside Recreational Vehicle Storage) provided that the property is not a lot in an approved or recorded subdivision plat or lots parts of a map or plan filed prior to adoption of any regulations controlling subdivisions in the A (Agricultural) Zone District. Lot A of Recorded Exemption RE -2798 being part of the SW4 of Section 8, T6N, R67W of the 6th P.M., Weld County, CO Location: East of and adjacent to County Road 15 and approximately 0.25 miles north of Windshire Drive Size of Parcel: +I- 2.225 acres Parcel No. 0807-08-3-00-001 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 23-2-260 of the Weld County Code. 2. It is the opinion of the Department of Planning Services' staff that the applicant has shown compliance with Section 23-2-220 of the Weld County Code as follows: A. Section 23-2-220.A.1 - The proposed use is consistent with Chapter 22 and any other applicable code provisions or ordinance in effect. Section 22-2-20.G.7 - A.Policy 7.2 states, "Conversion of agricultural land to nonurban residential, commercial, and industrial uses should be accommodated when the subject site is in an area that can support such development, and should attempt to be compatible with the region." Section 22-2-20.G.7 - A.Policy 7.3. states, "Conversion of agricultural land to urban residential, commercial and industrial uses should be considered when the subject site is located inside an Intergovernmental Agreement area, Urban Growth Boundary area, Regional Urbanization Area or Urban Development Nodes, or where adequate services are currently available or reasonably obtainable. A municipality's adopted comprehensive plan should be considered, but should not determine the appropriateness of such conversion." USR12-0063. Murdoff Holdings, LLC Page 3 of 10 Section 22-2-30 states, in part, that, "Urban development is characterized by designated areas for residences, retail, offices, services and other uses that are primarily located along major roadways, at major intersections and in subdivisions designed to accommodate these more intense uses. It relies on higher levels of services and infrastructure. Urban development patterns typically include a mix of residential, commercial, industrial and civic land uses in a compact transportation -oriented form." Section 22-2-30.UD.3. - UD.Policy 3.3. states, "Inside the County Urban Growth Boundary, urban -type uses and services are planned and supported, and annexation is encouraged." Section 22-2-80.D - I. Goal 4 states, 'All new industrial development should pay its own way." The applicant will be responsible for covering all costs for all on -site and any applicable off - site improvements associated with this use, as required through the Improvements Agreement and Conditions of Approval. Section 22-2-201. A. Goal 9. States: "Reduce potential conflicts between varying land uses in the conversion of traditional agricultural lands to other land uses." The RV storage business will utilize approximately one (1) acre of a 2.225 acre parcel to park approximately seventy-five (75) RVs. A Landscaping Plan has been submitted as well as a Screening Plan. Staff is requesting additional screening for the RV storage area as well as a Lighting Plan. These Conditions of Approval will assist in mitigating the impacts to the surrounding land uses. B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A (Agricultural) Zone District. Section 23-3-40.S. of the Weld County Code allows for, a Site Specific Development Plan and Use By Special Review Permit Any Use Permitted as a Use By Right, an Accessory Use, or a Use By Special Review in the Commercial or Industrial Zone Districts (Outside Recreational Vehicle Storage) provided that the property is not a lot in an approved or recorded subdivision plat or lots parts of a map or plan filed prior to adoption of any regulations controlling subdivisions in the A (Agricultural) Zone District. C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing surrounding land uses. The site is adjacent to the Town of Windsor's Corporate Limits and within the Town of Windsor's Urban Growth Boundary. The adjacent properties are mainly utilized for pastures, crops, and rural residences. The closest residence is located approximately ten (10) feet south of the southern property line. There are five (5) USRs located within one mile of this parcel. The closest USR is USR-65 for firewood processing. USR-8 for a church, USR-845 for a dairy with 600 cows, USR-17 for a mining operation adjacent to HWY 392, and AmUSR-1251 for a commercial greenhouse, garden center and brewery The Windsor Gardener and High Hops Brewery and are all within a one (1) mile radius of the subject site. The Weld County Department of Planning Services has received two letters of opposition from surrounding property owners. These letters state concerns about drainage, lighting, noise, traffic, views, property values, and security. The application materials state that a six (6) foot cedar fence will be placed between the closest residence and the subject property and that a split -rail fence will surround the RV storage area which is located on the eastern portion of the property. Planning is recommending that the screening of the RV storage be opaque screening approximately six (6) feet in height. This screening, in conjunction with the Development Standards and the other Conditions of Approval for this proposal, will assist in mitigating the impacts of the facility on the adjacent properties and ensure compatibility with surrounding land uses. USR12-0063. Murdoff Holdings, LLC Page 4 of 10 D. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with future development of the surrounding area as permitted by the existing zoning and with the future development as projected by Chapter 22 of the Weld County Code and any other applicable code provisions or ordinances in effect, or the adopted Master Plans of affected municipalities. The site is located within three miles of the Town of Windsor and within the Urban Growth Boundary of the Town. The Town of Windsor in their referral dated October 18, 2012 stated that they recommend that the County deny this USR request and that the subject property annex into Windsor. Section 22-2-40.E.1. - UD.Policy 5.1. The County should consider approving an urban development proposal if all of the following criteria are met: • The adjacent municipality does not consent to annex the land or property in a timely manner, or annexation is not legally possible. • The proposed development, including public facility and service provision, is consistent with other urban -type uses and conforms to County regulations. • The proposed urban development attempts to be compatible with the adjacent municipality's comprehensive plan (though it may not necessarily conform to it). The site is located within the Town of Windsor's Urban Growth Boundary, the application materials state that this business will provide parking (storage) for approximately seventy- five (75) recreational vehicles. This business does not rely on higher levels of services and infrastructure as there is no office requested and no water and sewer services requested or required. This RV storage business does not appear to meet the definition of urban development as defined by the Weld County Code, therefore staff is recommending approval. E. Section 23-2-220.A.5 — The application complies with Article V of the Weld County Code. The existing site is within the County Road Impact Fee Area and the Capital Expansion Impact Fee and Drainage Impact Fee areas. Building Permits issued on the proposed lots will be required to adhere to the fee structure of the Weld County Road Impact Program. Building Permits issued on the proposed lots, will be required to adhere to the fee structure of the County Facility Fee and Drainage Impact Fee. F. Section 23-2-220.A.6 -- The applicant has demonstrated a diligent effort to conserve prime agricultural land in the locational decision for the proposed use. The proposed facility is located on soils designated as "Prime (Irrigated)" per the 1979 Soil Conservation Service Important Farmlands of Weld County Map. There are improvements on the site already including a single family dwelling unit. Therefore the proposed USR will take less than 2 acres of Prime (Irrigated) Farmland out of production. The parcel is only 2.225 acres in size and has had improvements on it for many years and is not conducive to farming. G. Section 23-2-220.A.7 -- There is adequate provisions for the protection of health, safety, and welfare of the inhabitants of the neighborhood and County. The Design Standards (Section 23-2-240, Weld County Code), Operation Standards (Section 23-2-250, Weld County Code), Conditions of Approval and Development Standards can ensure that there are adequate provisions for the protection of health, safety, and welfare of the inhabitants of the neighborhood and County. USR12-0063. Murdoff Holdings, LLC Page 5 of 10 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. Prior to recording the plat: A. The applicant shall enter into a Private Improvements Agreement According to Policy Regarding Collateral for Improvements and post adequate collateral for all transportation (access drive, parking areas, et cetera) and non -transportation (fencing, screening, drainage et cetera). The agreement and form of collateral shall be reviewed by County Staff and accepted by the Board of County Commissioners prior to recording the USR plat. The applicant may submit evidence that all the work has been completed and reviewed by the Departments of Planning Services and Public Works. (Department of Planning Services) B. The applicant shall submit a Parking/Circulation Plan to the Department of Planning Services for review and approval. (Department of Planning Services) C. The applicant shall submit a Screening Plan to the Department of Planning Services for review and approval. The screening shall be in accordance with Chapter 23, Article II, Division 4, Section 23-2-240(A)(10). (Department of Planning Services) D. The applicant shall submit a Sign Plan to the Department of Planning Services for review and approval. All sign details shall be shown on the plat. Signs shall be in compliance with Chapter 23, Article IV, Division II and Appendices 23-C, 23-D and 23-E of the Weld County Code. (Department of Planning Services) E. The applicant shall submit a Lighting Plan, including cut -sheets of the lamps proposed to the Department of Planning Services for review and approval. The lighting plan shall adhere to the lighting requirements for off-street parking spaces per Section 23-4-30.E of the Weld County Code and shall adhere to the lighting standards, in accordance with Section 23-3- 360.F and Section 23-2-250.D of the Weld County Code. Further, the approved Lighting Plan shall be delineated on the plat. (Department of Planning Services) F. The plat shall be amended to delineate the following: 1) All sheets of the plat shall be labeled USR12-0063. (Department of Planning Services) 2) The attached Development Standards. (Department of Planning Services) 3) The plat shall be prepared per Section 23-2-260.D of the Weld County Code. (Department of Planning Services) 4) The applicant shall delineate the trash collection areas. Section 23-3-350.H of the Weld County Code addresses the issue of trash collection areas. Areas used for storage or trash collection shall be screened from adjacent properties and public rights -of -way. These areas shall be designed and used in a manner that will prevent trash from being scattered by wind or animals. (Department of Planning Services) 5) The approved Screening Plan. (Department of Planning Services) 6) The approved Parking/Circulation Plan. (Department of Planning Services) 7) The approved Signage Plan. (Department of Planning Services) 8) The approved Lighting Plan. (Department of Planning Services) 9) Label the turning radiuses into the site. A minimum of 45 foot radiuses are required to USR12-0063, Murdoff Holdings, LLC Page 6 of 10 allow trucks or RVs with trailers to turn. (Department of Public Works) 10) County Road 15 has been annexed by the Town of Windsor. Access and right-of-way requirements will be determined by the Town. (Department of Public Works) 11) The gate must be set back 75 feet from future right-of-way to allow a truck or RV and trailer to pull completely off of the roadway and open the gate after the future road widening. (Department of Public Works) 2. Upon completion of Condition of Approval #1 above, the applicant shall submit three (3) paper copies or one (1) electronic copy (.pdf) of the plat for preliminary approval to the Weld County Department of Planning Services. Upon approval of the plat the applicant shall submit a Mylar plat along with all other documentation required as Conditions of Approval. The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by the Department of Planning Services. The plat shall be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code. The Mylar plat and additional requirements shall be submitted within one hundred twenty (120) days from the date of the Board of County Commissioners Resolution. The applicant shall be responsible for paying the recording fee. (Department of Planning Services) 3. In accordance with Weld County Code Ordinance #2012-3, approved April 30, 2012, should the plat not be recorded within the required one hundred twenty (120) days from the date of the Board of County Commissioners Resolution, a $50.00 recording continuance charge shall added for each additional three (3) month period. (Department of Planning Services) 4. The Department of Planning Services respectfully requests a digital copy of this Use by Special Review, as appropriate. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles or ArcGIS Personal GeoDataBase (MDB).. The preferred format for Images is .tif (Group 4). (Group 6 is not acceptable). This digital file may be sent to maps@co.weld.co.us. (Department of Planning Services) 5. The Use by Special Review activity shall not occur, nor shall any building or electrical permits be issued on the property, until the Use by Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder. (Department of Planning Services) USR12-0063. Murdoff Holdings, LLC Page 7 of 10 SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Murdoff Holdings, LLC USR12-0063 1. A Site Specific Development Plan and Use By Special Review Permit, USR12-0063, is for any Use Permitted as a Use By Right, an Accessory Use, or a Use By Special Review in the Commercial or Industrial Zone Districts (Outside Recreational Vehicle Storage) provided that the property is not a lot in an approved or recorded subdivision plat or lots parts of a map or plan filed prior to adoption of any regulations controlling subdivisions in the A (Agricultural) Zone District. (Department of Planning Services) 2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County Code. (Department of Planning Services) The number of on -site employees shall be limited to 1 part-time employee, as stated in the application materials. (Department of Planning Services) 4. The hours of operations shall be 7:00 a.m. to 7:00 p.m. Monday thru Friday and 9:00 a.m. to 5:00 p.m. on Saturday and Sunday, by appointment, as stated in the application materials. (Department of Planning Services) 5. All signs shall be in compliance with the Weld County Code. (Department of Planning Services) 6. The landscaping, screening, and sign(s) on site shall be maintained in accordance with the approved Landscape/Screening/Sign Plans. (Department of Planning Services) 7. Pursuant to Chapter 15, Articles I and II of the Weld County Code, if noxious weeds exist on the property or become established as a result of the proposed development, the applicant/landowner shall be responsible for controlling the noxious weeds. All vegetation, other than grasses, needs to be maintained at a maximum height of 12 inches until the area is completely developed. (Department of Public Works) The historical flow patterns and run-off amounts will be maintained on site in such a manner that it will reasonably preserve the natural character of the area and prevent property damage of the type generally attributed to run-off rate and velocity increases, diversions, concentration and/or unplanned ponding of storm run-off. (Department of Public Works) 9. Weld County is not responsible for the maintenance of drainage related features. (Department of Public Works) 10. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S., as amended) shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. (Department of Public Health & Environment) 11. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S., as amended. (Department of Public Health & Environment) 12. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance conditions. The applicant shall operate in accordance with the approved "waste handling plan", at all times. (Department of Public Health & Environment) USR12-0063. Murdoff Holdings, LLC Page 8 of 10 13. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The facility shall be operated in accordance with the approved "dust abatement plan", at all times. (Department of Public Health & Environment) 14. This facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone as delineated in Section 14-9-30 of the Weld County Code. (Department of Public Health & Environment) 15. Adequate drinking, handwashing and toilet facilities shall be provided for employees and patrons of the facility. If the facility does not exceed 10 customers or visitors per day and 4 part time (20 hour week) employees, portable toilets and bottled water are acceptable. Records of maintenance and proper disposal for portable toilets shall be retained on a quarterly basis and available for review by the Weld County Department of Public Health and Environment. Portable toilets shall be serviced by a cleaner licensed in Weld County and shall contain hand sanitizers. (Department of Public Health & Environment) 16. The operation shall comply with all applicable rules and regulations of State and Federal agencies and the Weld County Code. (Department of Public Health & Environment) 17. Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties where such would cause a nuisance or interfere with the use on the adjacent properties; and Neither direct nor reflected light from any light source may create a traffic hazard to operators of motor vehicles on public or private streets and no colored lights may be used which may be confused with or construed as traffic control devices. (Department of Planning Services) 18. Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County -Wide Road Impact Fee Program. (Ordinance 2011-2) 19. Building Permits issued on the lot, will be required to adhere to the fee structure of the County Facility Fee and Drainage Impact Fee Programs. (Ordinance 2011-2) 20. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240, of the Weld County Code. 21. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250, of the Weld County Code. 22. Necessary personnel from the Weld County Departments of Planning Services, Public Works, and Public Health and Environment shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Conditions of Approval and Development Standards stated herein and all applicable Weld County regulations. 23. The Use by Special Review area shall be limited to the plans shown hereon and governed by the foregoing standards and all applicable Weld County regulations. Substantial changes from the plans or Development Standards, as shown or stated, shall require the approval of an amendment of the Permit by the Weld County Board of County Commissioners before such changes from the plans or Development Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 24. The property owner or operator shall be responsible for complying with all of the foregoing Development Standards. Noncompliance with any of the foregoing Development Standards may be reason for revocation of the Permit by the Board of County Commissioners. USR12-0063. Murdoff Holdings, LLC Page 9 of 10 25. WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive agricultural counties in the United States, typically ranking in the top ten counties in the country in total market value of agricultural products sold. The rural areas of Weld County may be open and spacious, but they are intensively used for agriculture. Persons moving into a rural area must recognize and accept there are drawbacks, including conflicts with long-standing agricultural practices and a lower level of services than in town. Along with the drawbacks come the incentives which attract urban dwellers to relocate to rural areas: open views, spaciousness, wildlife, lack of city noise and congestion, and the rural atmosphere and way of life. Without neighboring farms, those features which attract urban dwellers to rural Weld County would quickly be gone forever. Agricultural users of the land should not be expected to change their long-established agricultural practices to accommodate the intrusions of urban users into a rural area. Well -run agricultural activities will generate off -site impacts, including noise from tractors and equipment; slow -moving farm vehicles on rural roads; dust from animal pens, field work, harvest and gravel roads; odor from animal confinement, silage and manure; smoke from ditch burning; flies and mosquitoes; hunting and trapping activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and fertilizers in the fields, including the use of aerial spraying. It is common practice for agricultural producers to utilize an accumulation of agricultural machinery and supplies to assist in their agricultural operations. A concentration of miscellaneous agricultural materials often produces a visual disparity between rural and urban areas of the County. Section 35-3.5- 102, C.R.S., provides that an agricultural operation shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that are commonly or reasonably associated with agricultural production. Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to assume that ditches and reservoirs may simply be moved "out of the way" of residential development. When moving to the County, property owners and residents must realize they cannot take water from irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water. Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice the size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of state and County roads outside of municipalities. The sheer magnitude of the area to be served stretches available resources. Law enforcement is based on responses to complaints more than on patrols of the County, and the distances which must be traveled may delay all emergency responses, including law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must leave their jobs and families to respond to emergencies. County gravel roads, no matter how often they are bladed, will not provide the same kind of surface expected from a paved road. Snow removal priorities mean that roads from subdivisions to arterials may not be cleared for several days after a major snowstorm. Services in rural areas, in many cases, will not be equivalent to municipal services. Rural dwellers must, by necessity, be more self-sufficient than urban dwellers. People are exposed to different hazards in the County than in an urban or suburban setting. Farm equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center pivot operations, high speed traffic, sand burs, puncture vines, territorial farm dogs and livestock, and open burning present real threats. Controlling children's activities is important, not only for their safety, but also for the protection of the farmer's livelihood. (Department of Planning Services) USR12-0063. Murdoff Holdings, LLC Page 10 of 10 April 30, 2013 DEPARTMENT OF PLANNING SERVICES 1555 N 17th AVE GREELEY, CO 80631 WEBSITE: www.co.weld.co.us E-MAIL: daungst@co.weld.co.us PHONE: (970) 353-6100, Ext. 3524 FAX: (970) 304-6498 MURDOFF GORDON 8209 SPINNAKER BAY DR WINDSOR, CO 80528 Subject: USR12-0063 - A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT ANY USE PERMITTED AS A USE BY RIGHT, AN ACCESSORY USE, OR A USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS (OUTSIDE RECREATIONAL VEHICLE STORAGE) PROVIDED THAT THE PROPERTY IS NOT A LOT IN AN APPROVED OR RECORDED SUBDIVISION PLAT OR LOTS PARTS OF A MAP OR PLAN FILED PRIOR TO ADOPTION OF ANY REGULATIONS CONTROLLING SUBDIVISIONS IN THE A (AGRICULTURAL) ZONE DISTRICT. On parcel(s) of land described as : PT SW4 SECTION 8, T6N, R67W LOT A REC EXEMPT RE -2798 of the 6th P.M., Weld County, Colorado. Dear Applicants: I have scheduled a meeting with the Weld County Planning Commission on June 4, 2013, at 1:30 p.m. A subsequent hearing with the Board of County Commissioners will be held on July 3, 2013 at 10:00 a.m. Both hearings will be held in the Hearing Room, Weld County Administration Building, 1150 0 Street, Greeley, Colorado. It is recommended that you and/or a representative be in attendance to answer any questions the Planning Commission members or Board of County Commissioners may have. Colorado Revised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01-1088) requires notification of all mineral estate owners 30 days prior to any public hearing. The applicant needs to provide the Weld County Planning Department with written certification indicating the above requirement has been met. 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 and will be included in the staff report one week prior to the scheduled Planning Commission hearing. You may view the staff report at www.weldconntyplanningcases.orq If you have any questions concerning this matter, please call. Respectfully. `iiiQcvK' Diana Aungst Planner Digitally signed by Kristine Ranslem Reason: I am the author of this document Date: 2013.04.30 15:11:45 -0600' DEPARTMENT OF PLANNING SERVICES 1555 N 17th AVE GREELEY, CO 80631 WEBSITE: www.co.weld.co.us E-MAIL: daungst@co.weld.co.us PHONE: (970) 353-6100, Ext. 3524 FAX: (970) 304-6498 September 18, 2012 MURDOFF GORDON 8209 SPINNAKER BAY DR WINDSOR, CO 80528 Subject: USR12-0063 - A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT ANY USE PERMITTED AS A USE BY RIGHT, AN ACCESSORY USE, OR A USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS (OUTSIDE RECREATIONAL VEHICLE STORAGE) PROVIDED THAT THE PROPERTY IS NOT A LOT IN AN APPROVED OR RECORDED SUBDIVISION PLAT OR LOTS PARTS OF A MAP OR PLAN FILED PRIOR TO ADOPTION OF ANY REGULATIONS CONTROLLING SUBDIVISIONS IN THE A (AGRICULTURAL) ZONE DISTRICT. On parcel(s) of land described as: PT SW4 SECTION 8, T6N, R67W LOT A REC EXEMPT RE -2798 of the 6th P.M., Weld County, Colorado. Dear Applicants: Your application and related materials for the request described above are complete and in order at this time. I will schedule a meeting with you at the end of the review period to discuss the referral comments received by our office. 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 following Planning Commission(s) for their review and comments: Severance at Phone Number 970-686-1218 Windsor at Phone Number 970-674-2400 Please call the listed Planning Commissions, for information regarding the date, time and place of the meeting and the review process. It is recommended that you and/or a representative be in attendance at each of the meetings described above in order to answer any questions that might arise with respect to your application. If you have any questions concerning this matter, please call. Respectfully, Digitally signed by Kristine Ranslem Date: 2012.09.18 08:38:20 -06'00' Diana Aungst Planner FIELD CHECK Inspection Date: 5/21/13 Case Number: USR12-0063 Applicant: Murdoff Holdings, LLC do Gordon Murdoff Request: A Site Specific Development Plan and Use By Special Review Permit Any Use Permitted as a Use By Right, an Accessory Use, or a Use By Special Review in the Commercial or Industrial Zone Districts (Outside Recreational Vehicle Storage) provided that the property is not a lot in an approved or recorded subdivision plat or lots parts of a map or plan filed prior to adoption of any regulations controlling subdivisions in the A (Agricultural) Zone District. Legal Lot A of Recorded Exemption RE -2798 being part of the SW4 of Section 8, T6N, R67W Description: of the 6th P.M., Weld County, CO Location: East of and adjacent to County Road 15 and approximately 0.25 miles north of Windshire Drive Size of Parcel: +/- 2.225 acres Parcel No. 0807-08-3-00-001 Zoning 1 Land Use N A (Agricultural) N Agricultural E A (Agricultural) E Agricultural S A (Agricultural) S Rural Residential / Agricultural W Municipal W Agricultural COMMENTS: The site has one access from County Road 15. There is a dwelling unit and some out buildings on the site. There is some berming and landscaping that abut County Road 15. There is a split -rail fence that surrounds a majority of the property and a six (6) foot cedar privacy fence along the south property line; between the property owner to the south and the subject property. Diana Aungst, Planner I Hello