HomeMy WebLinkAbout20122775.tiff 1861 - 2011
SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
WELD -COUNTY
Planner: Diana Aungst Hearing Date: September 18, 2012
Case Number: USR12-0037
Applicant: Elizabeth Hansen
Request: A Site Specific Development Plan and Use by Special Review Permit 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 (Lawn and Landscaping Business) in the A
(Agricultural) Zone District.
Legal Lot A of RE-1814; Being part of the SW4 of Section 21, T4N, R67W of the 6th P.M.,
Description: Weld County, CO
Location: East and adjacent to County Road 17 and approximately 0.25 miles north of County
Road 42
Size of Parcel: +/- 1.61 acres Parcel No. 1059-21-3-00-029
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.2. A.Goal 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."
Application materials and a review of the property indicate the site can support the proposed
use. Section 23-2-240.A.10 of the Weld County Codes states "...that buffering or screening
of the proposed use from adjacent properties may be required in order to make the
determination that the proposed use is compatible with the surrounding uses." The
applicant is proposing landscaping to screen the parking and the outdoor storage of
landscaping material.
Section 22-2-100.D. C.Goal 4. states: "New commercial uses or expansion of existing
commercial uses should meet existing federal, state and local policies and legislation."
Conditions of Approval and Development Standards will ensure that the proposed use
meets the existing federal, state and local policies and legislation.
B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the Agricultural (A)
Zone District. Section 23-3-40.S. of the Weld County Code allow for, A Site Specific
Development Plan and Use by Special Review Permit for a Use Permitted as a Use by
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USR12-0037, page 2 of 10
Right, an Accessory Use, or a Use by Special Review in the Commercial or Industrial Zone
Districts (Lawn and Landscaping Business) in the A (agricultural) zone district.
Currently the property is in violation (ZCV12-00093) for the operation of a landscaping
business without an approved and recorded Use by Special Review permit (USR). If the
USR is approved, the violation will be closed. If denied, the case shall be referred to the
County Attorney's office with a delay of legal action for 30 days in order to give the applicant
time to ensure that the business is removed from the property.
C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing
surrounding land uses.
The subject property is located in an agricultural area with residential properties to the north
and west across County Road 17. The properties on the east, west and south are annexed
to the Town of Johnstown. The properties to the west (across County Road 17) are part of
the Stroh Subdivision; a developing residential small-lot subdivision in Johnstown. The
properties to the east and south are currently used for agricultural purposes. The property
to the north is in the County and received a USR to operate a landscaping business (USR-
1725) in 2010. This property also contains the closest residence; a single family dwelling
approximately 200 feet north of the property line of the subject property.
The existing structures on the subject property include a primary dwelling unit, a shop, and
several small out buildings. The Weld County Department of Planning Services has
received no letters/comments from the surrounding property owners. The Landscaping,
Screening, and Lighting Plan in addition to the Development Standards and Conditions of
Approval for this proposal will assist in mitigating the impacts of the facility on the adjacent
properties and will ensure that this use will be compatible with surrounding land uses.
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 subject property is located within the three-mile referral area of the Town of Johnstown,
Berthoud, and Milliken. The Town of Johnstown in their letter dated May 9, 2012 stated that
additional improvements may be needed to ensure save ingress and egress when County
Road 17 is improved and widened. The Town of Berthoud in their referral dated June 25,
2012 stated that they have no concerns with the proposed development. The Town Milliken
did not respond.
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.
Effective April 25, 2011, Building Permits issued on the proposed lots will be required to
adhere to the fee structure of the Weld County Road Impact Program. (Ordinance 2011-2)
Effective April 25, 2011, 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. (Ordinance
2011-2)
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 subject site is classified as "Prime Irrigated Farmlands of National Importance" as
delineated on the Important Farmlands of Weld County map, dated 1979. This parcel is
1.61 acres in size and is currently developed as a residential property therefore it is not
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USR12-0037, page 3 of 10
conducive to farming. Lot A of Recorded Exemption (RE-1814) parcel to subdivide
improvements from agrarian lands.
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.
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 either submit a copy of an agreement with the property's mineral
owner/operators stipulating that the oil and gas activities have been adequately incorporated
into the design of the site or show evidence that an adequate attempt has been made to
mitigate the concerns of the mineral owner/operators. Drill envelopes can be delineated on
the plat in accordance with the State requirements as an attempt to mitigate concerns. The
plat shall be amended to include any possible future drilling sites. (Department of Planning
Services)
B. The applicant shall comply with Appendix 23-B of the Weld County Code and the Section
208 of the 2010 Americans with Disability Act and provide an adequate number of parking
spaces. The applicant shall provide 1 parking space per every two employees and 1 parking
space for every 500 square feet of office space. One of the parking spaces shall meet the
requirements of ADA. Further, the applicant shall delineate curb stops for the parking
spaces shown on the Use by Special Review plat. (Department of Planning Services)
C. The applicant shall adhere to the ADA standards for the subject property at all times. Non-
ambulatory/ambulatory parking spaces shall be identified and shown on the plat. The ADA
parking spaces must be the closest possible to the entrance. Signage will be required. Curb
cuts, ramps, and other methods of providing accessibility shall be required to reasonably
attempt to meet the requirements of the ADA standards. (Department of Planning Services)
D. The applicant shall submit a Parking and Circulation Plan to the Department of Planning
Services for review and approval. (Department of Planning Services)
E. In accordance with Chapter 23, Article II, Division 4, Section 23-2-240(A)(10) the applicant
shall submit a Screening Plan to the Department of Planning Services for review and
approval. (Department of Planning Services)
F. In accordance with Chapter 23, Article II, Division 4, Section 23-2-260(B)(12) the applicant
shall submit a Landscape Plan to the Department of Planning Services for review and
approval. (Department of Planning Services)
G. In accordance with Chapter 23, Article IV, Division 2 the applicant shall submit a Signage
Plan to the Department of Planning Services for review and approval. The quantity, size and
location of the signs shall comply with Appendix 23-C and Appendix 23-D. (Department of
Planning Services)
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USR12-0037, page 4 of 10
H. Section 23-3-360.F. states, in part, that, "any lighting...shall be designed, located, and
operated in such a manner as to meet the following standards: sources of light shall be
shielded so that beams or rays of light will not shine directly onto adjacent properties...." The
applicant shall submit a site lighting plan that shall comply with Section 23-3-360.F.
(Department of Planning Services)
I. The applicant shall submit a revised dust abatement plan to include measures to mitigate on
site dust, to the Environmental Health Services, Weld County Department of Public Health &
Environment. (Department of Public Health and Environment)
J. In the event washing of vehicles and equipment will occur on site the applicant shall ensure
that any vehicle and equipment washing area(s) shall capture all effluent and prevent
discharges from the washing of vehicles and equipment in accordance with the Rules and
Regulations of the Water Quality Control Commission, and the Environmental Protection
Agency. Vehicle washing areas should be designated on the plat. (Department of Public
Health and Environment)
K. In the event the applicant intends to utilize the existing septic system at the home, for
employee use, the septic system shall be reviewed by a Colorado Registered Professional
Engineer. The review shall consist of 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 Environmental Health Services Division of the Weld County Department of
Public Health and Environment. In the event the system is found to be inadequately sized or
constructed the system shall be brought into compliance with current Regulations.
(Department of Public Health and Environment)
L. A copy of the Commercial Applicators license, from the Colorado Department of Agriculture,
shall be provided to Environmental Health Services, Weld County Department of Public
Health & Environment. (Department of Public Health and Environment)
M. The applicant shall submit documentation that floor drain wastes from any vehicle
maintenance facility is captured in a watertight vault and hauled off for proper disposal.
(Department of Public Health and Environment)
N. The applicant shall submit a revised waste handling plan, for approval, to the Environmental
Health Services Division of the Weld County Department of Public Health & Environment.
The plan shall include at a minimum, the following:
1) A list of wastes which are expected to be generated on site (this should include
expected volumes and types of waste generated).
2) A list of the type and volume of chemicals expected to be stored on site.
3) The waste handler and facility where the waste will be disposed (including the facility
name, address, and phone number). (Department of Public Health and Environment)
Q. The plat shall be amended to delineate the following:
1) All sheets of the plat shall be labeled USR12-0037. (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 vicinity map shall adhere to Section 23-2-260.D.4 of the Weld County Code.
(Department of Planning Services)
5) The applicant shall delineate the trash collection areas. Section 23-3-350.H. states
that, "Areas used for storage or trash collection shall be screened from adjacent public
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USR12-0037, page 5 of 10
rights-of-way and adjacent properties. These areas shall be designed and used in a
manner that will prevent wind- or animal-scattered trash." (Department of Planning
Services)
6) The approved Landscape / Screening Plan. All outdoor storage of material, vehicles
and equipment shall be screened from adjacent to properties and public rights of way.
(Department of Planning Services)
7) The approved Signage Plan. (Department of Planning Services)
8) The approved Lighting Plan. (Department of Planning Services)
9) The applicant shall show the approved water quality feature on the plat and label it as
a "No Build/No Storage Area". (Department of Public Works)
2. The applicant shall submit three (3) paper copies of the plat for preliminary approval to the Weld
County Department of Planning Services. (Department of Planning Services)
3. Upon completion of 1. and 2. above 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 Department of Planning Services' Staff. 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)
4. The Department of Planning Services respectively requests the surveyor provide a digital copy of
this Use by Special Review. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation);
acceptable GIS formats are ArcView shapefiles, Arclnfo Coverages and Arclnfo Export files
format type is .e00. The preferred format for Images is .tif(Group 4). (Group 6 is not acceptable).
Thisdigitalfilemaybesenttodhuerter@co.weld.co.us. (Department of Planning Services)
5. Prior to the release of building permits:
A. Buildings and structures shall conform to the requirements of the various codes adopted at
the time of permit application. Currently the following has been adopted by Weld County:
2006 International Building Code; 2006 International Mechanical Code; 2006 International
Plumbing Code: 2006 International Energy Code; 2006 International Fuel Gas Code; 2011
National Electrical Code; 2003 ANSI 117.1 Accessibility Code and Chapter 29 of the Weld
County Code. (Department of Building Inspection)
B. Any structures proposed to have changes uses will require commercial building permit for
change of use. A code analysis, floor plan and complete set of plans for any alteration and
possibly a structural analysis by a professional engineer will be required. No permits were
located for the barn structure or the individual sheds on the property. These buildings will
require permits in order to be used as part of the business. If these building comply with the
ag-exempt portion of the code, the applicant shall submit a certificate of compliance (COC)
permit. (Department of Building Inspection)
C. A building permit will be required for any new construction, alteration, or addition to any
buildings or structures on the property. A building permit application must be completed and
two complete sets of plans including engineered foundation plans bearing the wet stamp of a
Colorado registered architect or engineer must be submitted for review. (Department of
Building Inspection)
D. All building plans shall be submitted to the local Fire District (Johnstown Fire Protection
District) for review and approval prior to issue of Building Permits. (Department of Building
Inspection)
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USR12-0037, page 6 of 10
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
USR12-0037
1. A Site Specific Development Plan and Use by Special Review Permit 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 (Lawn and Landscaping Business) in the A (Agricultural) Zone District.
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)
3. The number of full-time on-site employees shall be limited to 10 as stated in the application
materials. (Department of Planning Services)
4. The hours of operations shall be limited to 7:00 a.m. — 6:00 p.m. Mon — Sat. (Department of
Planning Services)
5. 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 and
Environment)
6. 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
and Environment)
7. 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.
(Department of Public Health and Environment)
8. The applicant shall operate in accordance with the approved "waste handling plan", at all times.
(Department of Public Health and Environment)
9. Any vehicle and equipment washing area(s) shall capture all effluent and prevent discharges from
washing of vehicles and equipment in accordance with the Rules and Regulations of the Water
Quality Control Commission, and the Environmental Protection Agency. (Department of Public
Health and Environment)
10. 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 and Environment)
11. This facility shall adhere to the maximum permissible noise levels allowed in the Residential Zone
as delineated in Section 14-9-30 of the Weld County Code. (Department of Public Health and
Environment)
12. Adequate drinking, hand washing and toilet facilities shall be provided for employees of the
facility, at all times. Portable toilets and Bottled water are allowed. (Department of Public Health
and Environment)
13. Any septic system located on the property must comply with all provisions of the Weld County
Code, pertaining to Individual Sewage Disposal Systems. (Department of Public Health and
Environment)
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USR12-0037, page 7 of 10
14. In the event the applicant intends to utilize the existing septic system at the home, for employee
use, the septic system shall be reviewed by a Colorado Registered Professional Engineer. The
review shall consist of observation of the system and a technical review describing the system's
ability to handle the proposed hydraulic load. The review shall be submitted to the Environmental
Health Services Division of the Weld County Department of Public Health and Environment. In
the event the system is found to be inadequately sized or constructed the system shall be brought
into compliance with current Regulations. (Department of Public Health and Environment)
15. The facility shall utilize the existing public water supply (Little Thompson Water District).
(Department of Public Health and Environment)
16. All pesticides, fertilizer, and other potentially hazardous chemicals must be handled in a safe
manner in accordance with product labeling and in a manner that minimizes the release of
hazardous air pollutants (HAP's) and volatile organic compounds (VOC's). All chemicals must
be stored secure, on an impervious surface, and in accordance with manufacturer's
recommendations. (Department of Public Health and Environment)
17. The applicant shall comply with all provision of the Pesticide Applicators' Act issued by the
Colorado Department of Agriculture, Division of Plant Industry. (Department of Public Health and
Environment)
18. Process wastewater (such as floor drain wastes) shall be captured in a watertight vault and
hauled off for proper disposal. Records of installation, maintenance, and proper disposal shall be
retained. (Department of Public Health and Environment)
19. The operation shall comply with all applicable rules and regulations of State and Federal
agencies and the Weld County Code. (Department of Public Health and Environment)
20. 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)
21. 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)
22. Weld County is not responsible for the maintenance of onsite drainage related features.
(Department of Public Works)
23. 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)
24. Effective April 25, 2011, Building Permits issued on the proposed lots will be required to adhere to
the fee structure of the Weld County Road Impact Program.(Ordinance 2011-2) (Department of
Planning Services)
25. Effective April 25, 2011, 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. (Ordinance 2011-2)
(Department of Planning Services)
26. The Special Review activity shall not occur nor shall any building or electrical permits be issued
on the property until the Special Review plat is ready to be recorded in the office of the Weld
County Clerk and Recorder. (Department of Planning Services)
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USR12-0037, page 8 of 10
27. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code. (Department of Planning Services)
28. The property owner or operator shall be responsible for complying with the Operation Standards
of Section 23-2-250, Weld County Code. (Department of Planning Services)
29. 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.
(Department of Planning Services)
30. The 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. (Department of Planning Services)
31. 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. (Department of
Planning Services)
32. 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
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USR12-0037, page 9 of 10
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.
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USR12-0037, page 10 of 10
INVENTORY OF ITEMS FOR CONSIDERATION
Applicant Elizabeth Hansen Case Number USR12-0037
Submitted or Prepared
Prior to At
Hearing Hearing
1 PC Exhibits X
2 Sign posting affidavit X
3 Staff Comments X
4 Department of Planning Services Field Check Form X
5 Letter to Applicant X
6 Affidavit of sign posting X
7 Legal Notifications X
8 Application X
9 Maps X
10 Deed/Easement Certificate X
11 Surrounding Property/Mineral Owners X
12 Utilities X
Referrals without comment
13 Town of Berthoud, referral dated June, 25 2012 X
14 Division of Water Resources, referral dated July 11, 2012 X
15 West Greeley Soil Conservation District, referral dated June 26, 2012 X
Referrals with comments
Weld County Department of Public Health and Environment, referral dated
16 X
July 10, 2012
17 Weld County Department of Building Inspection, referral dated September 7, X
2012
18 Weld County Department of Public Works, referral dated July 10, 2012 X
Prior to At
Hearing Hearing
19 Weld County Zoning Compliance, referral dated June 12, 2012 X
20 Town of Johnstown, letter dated May 9, 2012 (included with the application X
materials)
21 Johnstown Fire Protection District, letter not dated (included with the X
application materials)
22 Surrounding Property Owners - Letters
23 PC Exhibits
24 Planning Commission Resolution
I hereby certify that the 21 items identified herein were submitted to tn nt of Planning -rvices
at or prior to the scheduled Planning Commissioners hearing. -
Diana Aungst, Planner
186t DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
F - WEBSITE:www.co.weld.co.us
' ' E-MAIL: daungst@co.weld.co.us
PHONE: (970)353-6100, Ext. 3524
G 0 U NT FAX: (970) 304-6498
August 16, 2012
Jeff Gould
20240 CR 17
Johnstown, CO 80534
Subject: USR12-0037 - 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 (LAWN AND
LANDSCAPING BUSINESS) 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 oarcel(s)of land described as :
LOT A REC EXEMPT RE-1814; PT SW4 SECTION 21, T4N, R67W of the 6th P.M., Weld County,
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on September 18, 2012, at
1:30 p.m. A subsequent hearing with the Board of County Commissioners will be held on October 10,
2012 at 10:00 a.m. Both hearings will be held in the Hearing Room, Weld County Administration
Building, 1150 O 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.weldcou ntvpla n n inacases.orq
If you have any questions concerning this matter, please call.
Respectfully,
D(OM- « Reason:ally signed ay Kristine Random
Reason: am the author of this document
Location:1555 N 17th Ave
Date:2012.08.16 10:44:24-06'00'
Diana Aungst
Planner
d0/2- d7T
1861 DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
I ' I r i -""' ! GREELEY, CO 80631
WEBSIT+ E:www.co.weld.co.us
f 10 r ' E-MAIL: daungst@co.weld.co.us
PH ONE: (970)353-6100, Ext. 3524
C O U N T T FAX: (970)304-6498
June 12, 2012
JEFF GOULD
20240 CR 17
JOHNSOTWN CO 80534
Subject: USR12-0037 - 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 (LAWN AND
LANDSCAPING BUSINESS) 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 21, T4N, R67W LOT A REC EXEMPT RE-1814 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:
Berthoud at Phone Number 970-532-2643
Johnstown at Phone Number 970-587-4664
Milliken at Phone Number 970-587-4331
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 s mtheed ythorofe Random
Reason lam the author of this document
Location:1555 N 17th Ave
Date:2012 06.12 13:47:21-06'00'
Diana Aungst
Planner
FIELD CHECK Inspection Date: 09/07/2012
Case Number: USR12-0037
Applicant: Elizabeth Hansen
Request: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT
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 (LAWN AND LANDSCAPING BUSINESS) IN THE A (AGRICULTURAL)
ZONE DISTRICT.
Legal Lot A of RE-1814; Being part of the SW4 of Section 21, T4N, R67W of the 6th P.M.,
Description: Weld County, CO
Location: East and adjacent to CR 17 and approximately .025 miles north of CR 42.
Size of Parcel: +/- 1.61 acres Parcel No. 1059-21-3-00-029
Zoning Land Use
N A (Agricultural) N Rural Residential
E Municipal E Agricultural
S Municipal S Residential
W Municipal W Residential
COMMENTS:
The subject property contains a primary dwelling unit, a shop and several outbuildings. There is one
ingress/egress off of CR 17. There is a residence north of the subject property approximately 200 feet
from the north property line. There is a small lot residential subdivision in Johnstown just west of CR 17.
mu Da A g t, Plan r
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