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HomeMy WebLinkAbout20130505.tiffSITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW (USR) APPLICATION FOR PLANNING DEPARTMENT USE DATE RECEIVED: RECEIPT # /AMOUNT # /$ CASE # ASSIGNED• l' x{-17_ ( )(-). APPLICATION RECEIVED BY PLANNER ASSIGNED. Parcel Number 0 5 4 5. 2 0- 0- 0 0- 0 0 7 (12 digit number - found on Tax I.D. information. oblainable al the Weld County Assessor's Offce, or wwm.co.weld.co.us) Legal Description Proposed Lot A of RE 79 Zone District: A Total Acreage: 4 , Flood Plain: Section 20 , Township 8 North, Range 62 West N:A , Geological Hazard: w'A Airport Overlay District: N/A FEE OWNER(S) OF THE PROPERTY: Name: Randolph J. Cass and Judy Ceville Cass Work Phone # Home Phone # Email Address: 43251 Hwy 392 Address: City/State/Zip Code Briggsdale, Colorado 80611 Narre: (Under Contract to Purchase) Steven R. Schultz and Chris A. Schultz WerkPhone #97C-4'5J.f Home Phone# `17!'CI4-2 Iv- I95L<t eirita:4.cokt Address: 34978 WCR 83 Address: City/State/Zip Code 8ngcsdale. Colorado 80611 Name: Work Phone # Home Phone # Email Address: Address: City/State/Zip Code APPLICANT OR AUTHORIZED AGENT (See Below: Authorization must eccompany applications signed by Authorized Ageno Name A. Bruce Johnson Work Phone # 970.356.6 10 Home Phone # Cell 970.396.8577 Email ablohnson@ctos,com Address: 801 8th Street. Suite 220 Address: City/State/Zip Code Greeley. Colorado 80631 PROPOSED USE: Packaged Liquor Store in place of the restaurant. Residence will remain a Residence. I (We) hereby depose and state under penalties of perjury that all statements, proposals, and/or plans submitted with or contained within the application are true and correct to the best of my (our)knowledge. Signatures of all fee owners of property must sign this application If an Authorized Agent signs, a letter of authorization from all lee owners must be inclu dd with the application. If a corporation is the fee owner, notarized evidence must be included indicating tha a signatory has to legal authority to sign for the corporation. r Authorized Agent Date Signature: Owner or Authorized Agent Date /1/91 1 gd 0LL9-99E-0L6 uosuyor euen dLp:ZL Z6 LL its November 12, 2012 Department of Planning Services 918 10th Street Greeley, Colorado 80631 To Whom it may concern: Please send all correspondence with applicant to: A. Bruce Johnson 801 8`h Street, Suite #220 Greeley, Colorado 80631 Cell Phone: 970-396-8577 Fax: 970-352-8761 Email: abjohnson(a ctos.com A. Bruce Johnson was previously designated as the authorized agent with the letter dated August 21, 2012. The applicants in this matter are Steven R. Schultz and Chris A. Schultz. They are under a purchase contract with the owners Randolph J. Cass and Judy Ceville Cass to purchase the proposed Lot A in an existing Recorded Exemption Application. The USR and the RE are conditions of the purchase agreement. Below are the signatures of the four parties. If you are in need of any additional information our representative will try to accommodate your reasonable requests. 1. Attached is the original Application for a USR in an Ag Zoned area to change an existing approved nonconforming caf� with a beer and wine license to a USR packaged liquor store. The other existing uses are allowed in the ag zone and will continue, ie. rural residence and dryland pasture. The subject land is the proposed Lot A as RECX12-0079 being a part of the S1/2 SE1/4 Section 20, Township 8N, Range 62 west of the 6th P.M., Weld County. 2. Two maps are attached. One shows the neighborhood owners and the other the USR map showing the lot size and location of the buildings 3. Attached is the completed USR Questionnaire. 4. CDOT access permits have been applied for and are in process. One access point is to be removed. 5. The attached domestic well permit and ISDS permit are presented to show evidence of adequate water supply, well permit #289676. Two separate septic permits have been applied for and are in process, commercial septic permit # SP -12000243, and residential septic permit #SP -1200242. 6. The attached recorded Deed shows the Cass's as owners and the first page and signature pages of the Buy/Sell Contract show the legal interests of the Schultz's. 7. A per -application meeting was held on August 30, 2012 for this USR application. 8. A USR permit map has been prepared by a licensed surveyor and submitted according to Section 23-2-260B of the Weld County Code. 9. The Certificate of Conveyance form shall be provided after the recording of RECX12-0079. 10. The affidavit and certified list of adjoining property owners within 500 feet shall accompany the above #8 and 9. A non certified list is also attached. 11. It is our perception the remaining USR Procedural Guide Submittal Checklist items do not apply to this request. 12. The $1200 application fee shall be submitted along with items 8, 9 and 10. Thank you for your assistance in the matter. Sincerely, A. Bruce ohnson USR Application Questionnaire Steven R. and Chris A. Schultz Pt of SEl/4 SE1/4 Sec 20, Twp 8N, Rg 62W Briggsdale, Colorado 1. It is our request to change the approved Non Conforming Use Caf� (restaurant) with a wine and beer license to a package liquor store. The house will remain a residence. The estimated daily customer traffic is thirty-five with 2-4 part time employees. The store hours would be 10 a.m. to 8 p.m. daily. CDOT access permits have been applied for and are in process. One of the three access points are to be removed per CDOT requirements, two of the access points will remain as constructed. 2. The property is not in an incorporated municipality but has twice previously been approved by Weld County as a Non Conforming Use Caf� with a Weld County approved license to sell beer and wine. It is part of an existing Ag Zone partial of land in Weld County. It is not our intent to permanently change the zone, but to allow this use in the Ag Zone. 3. Explain how this proposal is consistent with the intent of the Weld County Code, Chapter 23 (Zoning) and the zone district in which it is located. The proposed use is not consistent with Chapter 23 (Zoning), see item 2 above. 4. The town of Briggsdale is approximately 1/8 mile east and 1/4 mile south or approximately 3/8 mile southeast. Briggsdale is a small rural town. The land approximately''. mile straight north and approximately 1/2 mile by road is the US Forrest Service Campground (Pawnee Campground). All other directions are Ag Zoned rangeland. In the greater community there is also dry farmland and rural residences. 5. Site Detail: a.) The estimated customer traffic may be 35 per day. b.) The present plan is to have 2-4 part time employees. c.) The hours of operation is planned to be 10 a.m. to 8 p.m. d.) There is not planned to be any additional structures. The current house and related detached garage will remain residential in use. The existing Caf� is adequate to serve the needs of the package liquor store requested. This would be a change from the existing approved Non Conforming Cafe with a bccr and wine license. e.) If there is to be livestock it would only be what is allowed on the 4 acres by right in the Ag Zoned. None planned at this time. f.) Vehicle activity should primarily be car, pickup or small trucks (perhaps even motor cycles and bicycles). Collectively it would be the estimated maximum of 35 per day. g.) Fire protection will continue to be provided by the Briggsdale Volunteer Fire Protection District as currently is the case. h.) The historical domestic water well source, permit # 289676, will be maintained and continued for both the house and the requested liquor store. i.) Two septic permits have been applied for and are in process, Commercial septic permit # SP -1200243 and residential septic permit # SP -1200242. j.) My inventory not on display will be stored in the basement. This is a secure area. 6. It is our belief the existing trees and native range site will be maintained for landscaping purposes along with the gravel drive ways for ingress and egress. This has been very satisfactory in the past. 7. At the time of t,mination of the proposed Use by Special Review it is visioned that the user at that time shall have a plan to change the USR or remove the buildings used in this request and the site reclaimed to be yard or as the adjoining rangeland. 8. Storm Water drainage has in the past moved west on the property and along the north side of Highway 14 to Crow Creek, approximately ''A mile west. Erosion obviously has not been a problem in the past. 9. There will be no external construction on the site. Shelving and coolers will be added to the inside. Additional landscaping is not proposed. This should be finished in 60 days following approval. 10. Solid waste should be minimal. Cardboard boxes are planned to be flattened and recycled. Residential and Commercial trash service shall be provided by a commercial trash service contractor. The amount of trash generated at the site is assumed to be minimal and domestic trash cans will be used. It is assumed that no trash enclosure is required at this site. a. bruce 801 8th Street - Suite 220 JOHNSON & ASSOCIATES D ^F CoAX lor0) ado352-8761 80631 LAND RESOURCE SPECIALISTS December 04, 2012 Chris Gathman, Planner III Department of Planning 1555 North 17th Avenue Greeley, Colorado 80631 Dear Chris: This letter is in response to your email dated November 25, 2012 regarding Cass USR Application. Your items are as follows: 1. The waste is primarily cardboard. It will be kept in the basement until it is brought to town to be placed in a recycle bin. Very limited garbage will occur. It will be composted. The above will change when a commercial waste management company service is available. Water and sewer will go to the ISDS septic system which you have the permits. 2. The Certificate of Conveyance was provided to the Department of Planning for the recorded exemption application. An updated Certificate of Conveyance is attached showing the Recorded Exemption and the Deeds to Lot A & Lot B. In your email of September 9, 2012 you stated the fee is $1200 not $2500 (see attached email). The application check for $1200 is attached. If the application is complete, then please deposit the check and commence the process. 3. The signs have been where they are for a long time. It is our intention for the signs to remain where they are. CDOT has been out to the property several times for the access approval and very specifically at the cafe/liquor store and required removal of the middle access. No problem with them regarding signs. As to your asterisk regarding Colorado Department of Public Health and Environment, we were of the understanding Weld County Health Department had the jurisdiction. After receipt of your email dated November 25, 2012, I contacted Mary Evett, Weld County. Today she returned my call and left a message that in 2001 the State determined they did not need to regulate the well for the Crow Valley Caf�. I also called last week and again today, the Colorado Water Quality Control Division leaving messages both times and no call back. I will continue to contact them. Colorado -Nebraska -Wyoming • Farm & Ranch • Water Sales • Exchanges • Minerals • Consulting Attached are copies of correspondence I received from Mrs. Harding, the previous owner. There is an October 2, 2009 letter of approval from Mark Thomas. Also attached is the last water test dated February 27, 2012. If I can be of any further help, please let me know. We are wanting this approved as soon as possible for it has taken very long just to get the RE. Thank you for your help! Sincerely, Bruce John. on, Agent for Randolph J. & Judy C. Cass Enclosures Chris Gathman From: Sent: To: Subject: Chris Gathman Sunday, November 25, 2012 10:40 AM 'Diane Johnson': 'alles_taylor_duke@yahoo.com' Cass Completeness Review Staff has reviewed the Cass USR application for completeness and has the following items: 1) Upon review of the application I did not see a waste handling plan. A waste handling plan shall be submitted. 2) Submit the Certificate of Conveyances, property deed and application fee ($2,500.00). 3) Are the signs shown on the plat existing signs? (note that the one sign is located within the right-of-way). • Question — have you had any contact with the Colorado Department of Public Health and Environment regarding the water supply? Note that a public water supply permit may be required by the Colorado Department of Public Health & Environment as a condition of approval. Let me know if you have any questions. Sincerely, Chris Gathman Planner III Weld County Department of Planning Services 1555 N. 17th Avenue, Greeley CO. 80631 Ph: (970)353-6100 ext. 3537 Fax: (970)304-6498 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. 1 .• ALLES TAYLOR & DUKE, LLC O. LICENSED PROFESSIONAL ENGINEERS LICENSED PROFESSIONAL LAND SURVEYORS November 12, 2012 Subject: Historic Storm Water Flows Narrative Lot "A" RECX12-0079 Crow Valley 37967 HWY 14 Briggsdale, CO 80611 Dear Heidi 3610 35TH AVE. UNIT #6 EVANS, 80634 Alles Taylor 8; Duke, LLC has been contracted to produce a portion of the required documentation for the required Use by Special Review (USR). A topographic site survey has been preformed and a copy of said survey has been attached to this drainage narrative. As requested a brief narrative of the existing storm water drainage patterns follows: 1. Off -Site Flows: from the Topographic Survey, there are off site flows entering the subject site, see attached Topographic Survey. These storm water flows originate on the Eastern and Northern sides of the site. Due to the ground cover and conditions in the area, off -site flows would be considered minimal in all but extreme storms. 2. Storm Water Flows leave the site on the western side of the site. The majority of the site is dry -land pasture. The existing site conditions consist of gravel surface parking and drive areas on the southern side of the site. 3. The storm water flows at the site flow from the north east to the south west at approximately 1.0% to very flat, see attached topographic survey. 4. From information obtained from the property owners and from the Topographic survey, no drainage problems exist on the site. From information obtained from the Weld County Public Works Department, Water Quality Capture Volumes (WQCV) shall be calculated and provided on the site for the existing development. The area used in the WQCV calculations is 135,334 sf or ±3.11 AC. The imperviousness value obtained for the developed area is 0.09 or 9%, see attached computations. As outlined in the Urban Storm Drainage Criteria manual, the WQCV was calculated using the equation found on page SQ-24. The required WQCV obtained is 703 cf, see attached computations. The proposed WQCV depression has been designed and placed on the Western side of the site. The proposed WQCV pond has been designed as a retention style depression and the WQCV will be percolated into the ground water. The existing site condition, sandy soils with some clays is moderately drained and is assumed that the WQCV depression will drain within 72 hours after the end of storm events. The depression depth is 1 foot. A percolation test has been preformed at the site, the percolation rate is 2012-115 ALLES TAYLOR & DUKE, LLC LICENSED PROFESSIONAL ENGINEERS LICENSED PROFESSIONAL LAND SURVEYORS 3610 35TH AVE. UNIT #6 EVANS. 80634 30 min./in.. The maximum side slope of the WQCV pond is 4:1 as outlined in the Weld County Code. Additional depression storage is available on the entire site and is due to the existing grades of the site. Sec attached USR drawing, the site is considered very flat. If you have any questions, please contact me at (970) 330-0308, Ext 1. Respectfully submitted, Mark A. Taylor Colorado P.E. 46065 2012-115 Appendix A Percent Imperviousness Existing Site Area = 135334 ft2 Existing Site Conditions Paved 2356 ft2 Concrete 56 ft2 Gravel 11953 ft2 Roofs 3210 ft2 Lawns 0 ft2 Open Space 117759 ft2 Percent Imperviousness Existing = 0.09 = Water Quality Capture Volume (WQCV) WQCV = a(0.91i3-1.19i2+0.78i) Page 5Q-24 for 40 hr Release a = 1 Required Storage = (WQCV/12)*Area Page SQ-24 Area = 135334 ft2 = 3.11 AC Required Storage = 0.016 AC -ft = Total Required Volume of Storage WQCV = Total Required Storage Volume = 703 703 rt. 0.02 AC -ft Percent Imperviousness from Table RO-3 Paved 1.0 Concrete 0.9 Gravel 0.4 Roofs 0.9 Lawns 0.0 Open Space 0.02 703 ft3 ft3 Dust Abatement Plan The site consists of a gravel parking lot and gravel dive area around the residence. All travel speeds will be lower than 10 miles per hour in the gravel surface areas. The access points from State HWY 14 are paved. Dust from this site will not be an issue at this site. Hello