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Home My WebLink About20120853.tiff INVENTORY OF ITEMS FOR CONSIDERATION • Applicant C&H Excavation, LLC Case Number USR11-0029 l Submitted or Prepared Prior to At Hearing Hearing • '° 1 Staff Comments X Department of Planning Services Field Check Form X Letter to Applicant X Legal Notifications X 2 Application X Maps X Deed/Easement Certificate X Surrounding Property/Mineral Owners X N I4 Utilities X v 3 Referral List X Referrals without comment X Town of Ault, referral received 12/19/2011 X Town of Pierce, referral received 1/5/2011 • -' 4 Referrals with comments X Weld County Department of Public Works referral received 1/10/2012 X Weld County Department of Public Health and Environment referral dated X 1/12/2012 Weld County Department of Building Inspection referral received 12/30/2012 X Weld County Code Compliance, referral received 12/15/2011 X —5— Surrounding Property Owners/Mineral Owners - Letters 6 PC Exhibits 6A Sign posting affidavit X 7 -laui Commiocion Reselution_ I hereby certify that the 11 items identified herein were submitted to the Department of Planning Services at or prior to the scheduled Planning Commissioners hearing. . � Chris Gathman Planner • 2012-0853 • 186i �?- DEPARTMENT OF PLANNING SERVICES SUBSTANTIAL CHANGE DETERMINATION ADMINISTRATIVE REVIEW �_coUNTYj Planner: C. Gathman Hearing Date: March 6, 2012 Case#: USR11-0029 Applicant: C&H Excavation LLC Legal Description: Lot B of Amended Recorded Exemption RE-991; Located in the NW4SW4 of Section 2 T7N R66W of the 6TH PM, Weld County, Colorado Location: East of and adjacent to County Road 33 and approximately 1/2 mile south of County Road 86. Parcel#: 070702300061 Parcel Size: +/- 3.13 acres 1. It is the opinion of the Department of Planning Service's staff that the applicant has demonstrated that a substantial change has occurred and recommends approval of the applicant's request. 2. In 2011, the applicant originally applied for 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, 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 (Oil Field Products Manufacturing and painting) in the A (Agricultural)Zone District. The Weld County Board of County Commissioner's Resolution recorded December 13, 2011 denied the Applicant's Use by Special Review Request (USR-1785), for the following reasons: A. The Proposal is not consistent with Chapter 22 or any other Code provisions or ordinances in effect. Section 22-2-20.G.2(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 22-2-20.1 (A.Goal 9)states, "Reduce potential conflicts between varying land uses in the conversion of traditional agricultural land to other land uses."Section 22-2-20 1.5 (A. Policy 9.5) states, "Applications for a change of land use in the agricultural areas should be reviewed in accordance with all potential impacts to surrounding properties and referral agencies. Encourage applicants to communicate with those affected by the proposed land use change through the referral process."The Conditions of Approval and Development Standards will not ensure consistency with Chapter 22 of the Weld County Code and will not adequately mitigate impacts to surrounding properties. B. The proposed use is not consistent with the intent of the A (Agricultural) Zone District. C. The proposed uses are not compatible with the existing surrounding land uses. The site is located immediately to the south and north of two existing single-family residences.Adjacent lands to the west and east are agricultural in nature (cropland). A surrounding property owner, in a telephone call received August 10,2011,expressed concerns about the proposed business and location of the existing structures from the property line. Additionally, in an e- • EXHIBIT 1 I USR I I-Ooz' • mail from a surrounding property owner, received August 7,2011,concerns were expressed regarding the hours of operation, number of employees, outside painting, and storage of equipment on-site, versus what is called out in the application. Given the proximity to the residences and the concerns expressed,the Board finds that, despite numerous Conditions of Approval and Development Standards, compatibility with adjacent land uses cannot be ensured. D. The proposed Design Standards (Section 23-2-240, Weld County Code), Performance Standards (Section 23-2-250, Weld County Code), proposed Conditions of Approval and development Standards do not ensure that there are adequate provisions for the protection of health, safety, and welfare of the inhabitants of the neighborhood and County. 3. Pursuant to Chapter 2, Article II, Section 2-3-10 of the Weld County Code, the Board of County Commissioners shall consider the applicant's request for a Hearing of Substantial Change and whether within the concept of a new application, the facts and circumstances of which are substantially changed from the initial application: Criteria 1. -- Has the land-use application substantially changed? (e.g., substantial changes in lot size or density, in internal or external roads, or, in the case of a rezoning, in the uses proposed) In reviewing the hearing record for USR-1785, the denial of Use by Special Review# 1785 (USR- 1785)was in part based on incompatibilities specific to on-site painting, traffic, dust, noise, hours of operation and inadequate room on-site for storage and staging of equipment associated with the business. The applicant has proposed a number of changes to the operation to include: • No on-site painting (painting occurring in a facility located in the Town of Ault) • • No long term storage of completed work in progress materials (will be delivered to the new Ault facility within 2-3 days after completion) • No storage of finished (painted product) • No storage of semi-trucks and no on-site semi truck repair. • No off-site employees will park at the site(on-site office employees and shop workers only). • Changed hours of operation from 7AM -8 PM Monday-Saturday to one of the following options: 7AM-5PM Monday-Saturday;7AM-6PM Monday-Friday and 8 AM-PM Saturday;or 6AM-10PM Monday-Friday. The applicant has proposed a 15-foot lean-to along the north property line to screen the north property. However, the applicant already proposed a 13-foot lean along the north property line at the October 19, 2011 Board of County Commissioners Hearing. Staff feels that the number and type of changes proposed(especially in regards to no on-site painting) constitute a substantial change to this application. Criteria 2. —Have the surrounding land-uses substantially changed? (e.g., has the adjacent land use changed during the period of time since the last application such that what would be compatible with the adjacent use has changed) The surrounding land-uses have not substantially changed. Criteria 3. — Have applicable provisions of the law substantially changed? (e.g., the applicant is proposing using a different procedure so a different set of criteria apply or the applicable ordinance has been amended by the Board so the criteria have substantially changed) • The applicable provisions of the law have not substantially changed. 2 • Criteria 4. — Within the concept of rehearing the previously denied application, is there newly discovered evidence that the applicant could not have discovered with diligent effort at the time of the original application? There is no newly discovered evidence. 4. Weld County Planning Staff has determined that the submitted information does meet the intent of a substantial change as outlined in Chapter 2,Article II, Section 2-3-10 of the Weld County Code and therefore recommends that the applicant should be allowed to submit the application discussed in the Substantial Change. • • 3 • sw..b rg61 p DEPARTMENT OF PLANNING SERVICES 1555 N 17th AVE cjv GREELEY, CO 80631 '-" WEBSITE:www.co.weld.co.us E-MAIL: cgathman@co.weld.co.us I� / PHONE: (970) 353-6100, Ext. 3537 -a J N ? FM: (970)304-6498 February 15, 2012 Jeff Bedingfield 4025 St. Cloud Drive#230 Loveland, CO 80538 Subject: USR11-0029 - A Review of a Previously Denied Application for Land Use (Use by Special Review Permit 1785 for Oil Field Products Manufacturing and Painting) and request for a Substantial Change determination. On parcel(s)of land described as: PT NW4SW4 SECTION 2, T7N, R66W LOT B AMD REC EXEMPT AMD RE-991 of the 6th P.M.,Weld County, Colorado. Dear Applicants: I have scheduled a meeting with the Weld County Planning Commission on March 6, 2012, at 1:30 p.m. A subsequent hearing with the Board of County Commissioners will be held on March 28, 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 ntypl anni ngcases.orq If you have any questions concerning this matter, please call. 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Al • 2 • FIELD CHECK inspection dates: 2/24/2012 APPLICANT: Doris Cunningham CASE #: USR11-0029 REQUEST: A Review of a Previously Denied Application for Land Use (Use by Special Review Permit 1785 for Oil Field Products Manufacturing and Painting) and request for a Substantial Change determination. LEGAL: Lot B of AMRE-991; located in Part of the NW4SW4 of Section 2 Township 7 North Range 66 West, Weld County, Colorado LOCATION: East of and adjacent to CR 33 and approximately 1/2 mile south of CR 86 PARCEL ID #: 070702000056 ACRES: +/- 3.5 acres Zoning Land Use N A N Two Single-Family Residence E A E Cropland • S A S Cropland W A W Single-Family Residence & Cropland COMMENTS: There is an existing shop building on the site. Two existing residences are immediately adjacent to the site and another residence is 500-600 feet to the north. Outdoor storage located behind (to the east of)the building. A' Chris Gathman - Planner Ill • 1, • DEPARTMENT OF PLANNING SERVICES 1555 N1th AVE GREELEELEY, CO 80631631 WEBSITE: www.co.weld.co.us ' E-MAIL: cgathman@co.weld.co.us D PHONE: (970) 353-6100, Ext. 3537 C FAX: (970) 304-6498 COLORADO December 14, 2011 Jeff Bedingfield 4025 St. Cloud Drive#230 Loveland, CO 80538 Subject: USR11-0029 - A Review of a Previously Denied Application for Land Use (Use by Special Review Permit 1785 for Oil Field Products Manufacturing and Painting) and request for a Substantial Change determination. On parcel(s)of land described as: PT NW4SW4 SECTION 2, T7N, R66W LOT B AMD REC EXEMPT AMD RE-991 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 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: Ault at Phone Number 970-834-2844 Pierce at Phone Number 970-834-2851 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 .1 �` ^ Reason:I am the author of this document ‘5.):::H\ ^ Location:1555 N 17th Ave Date:2011.12.14 15:19:25-07'00' Chris Gathman Planner • Chris Gathman erFM Trevor Jiricek nt: Tuesday, October 25, 2011 4:52 PM To: Chris Gathman Subject: FW: Usr 1785 C&H Excavating Chris, Was just checking with you to make sure emails like this one make it into the file? Trevor Jiricek Director Department of Planning & Environmental Health Services 1555 N. 17th Avenue Greeley, Colorado 80631 Email: tjiricek@co.weld.co.us Office #: 970-353-6100, Extension 2214 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 Ition concerning the contents of this communication or any attachments by anyone other than e named recipient is strictly prohibited. Original Message From: Bruce Barker Sent: Tuesday, October 25, 2011 11:34 AM To: Commissioners Cc: Trevor Jiricek; Tom Parko; Chris Gathman; Stephanie Arries Subject: FW: Usr 1785 C&H Excavating Please see the below e-mail from Trevor. I understand that Mr. Simpson contacted some of you about the case. Apparently, he is now considering removing the painting part of the operation, and believes that would qualify as a "substantial change in facts or circumstances" that would allow him to reapply for that location. At this point, I agree with Trevor that we need to inform Mr. Simpson that he has until November 19th. If he is not out by then, we will proceed with legal action. If he applies for a substantial change hearing, he can let the Court know that is the case. Let us know if this procedure is unacceptable. Sec. 2-3-10. Previously denied applications for land use matters. A. Except in those cases to which the requirements of Subsection B below apply, neither an applicant nor his or her successors in interest in property for which a land use application was denied within the preceding five (5) years may submit a land use application or request a 0 hearing on a previously submitted application for any portion of the property contained in e original application unless the Board of County Commissioners has determined that, based upon a showing by the applicant, there has been a substantial change in the facts and circumstances regarding the application subsequent to the original decision of denial by the 1 Board of County Commissioners or that there is newly discovered evidence which would have been likely to affect the outcome of the original decision that the applicant could not have discovered with diligent effort prior to the original decision of denial. C. Substantial change in facts and circumstances shall mean a substantial change in the 'aril, use application, which addresses the issues raised by the Board of County Commissioners in the original decision of denial, in the surrounding land uses, or in applicable provisions of the law. D. A petition requesting rehearing on an application or permission to file another application for property previously denied a land use permit shall be submitted to the Department of Planning Services for processing. The Department shall schedule a substantial change hearing before the Planning Commission or Board of County Commissioners. Land use applications originally heard by only the Board of County Commissioners shall be scheduled before the Board only. The Planning Commission shall consider the rehearing petition only if it considered the original land use application. It shall review the petition and any supporting information. The Planning Commission shall consider whether the applicant has demonstrated that a substantial change in the facts or circumstances have occurred subsequent to the Board' s decision or that there was newly discovered evidence that the applicant could not have discovered with diligent effort at the time of the original application. The Planning Commission shall make a written recommendation of its findings to the Board of County Commissioners. Bruce T. Barker, Esq. Weld County Attorney P.O. Box 758 1150 "0" Street Greeley, CO 80632 (970) 356-4000, ext. 4390 • Fax: (970) 352-0242 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. Original Message From: Trevor Jiricek Sent: Tuesday, October 25, 2011 10:57 AM To: Stephanie Arries; Chris Gathman; Bethany Salzman Cc: Tom Parko; Bruce Barker Subject: RE: Usr 1785 C&H Excavating Stephanie and Bruce, We will be contacting Mr. Simpson and advising him that he needs to remove his business from the property w/in 30 days of the hearing (needs to be out by Nov. 19) . As you y'all are aware, this time frame is consistently applied to similar violations. We will forward you the draft letter for your review. Please let me know if you have any questions, comments, concerns, etc. THANKS! • Trevor Jiricek Director 2 Department of Planning & Environmental Health Services 1555 N. 17th Avenue •eeley, Colorado 80631 ail: tjiricek@co.weld.co.us Office #: 970-353-6100, Extension 2214 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. Original Message From: Stephanie Arries Sent: Tuesday, October 25, 2011 10:35 AM To: Trevor Jiricek; Chris Gathman; Bethany Salzman Cc: Tom Parko; Bruce Barker Subject: RE: Usr 1785 C&H Excavating Good Morning Sspoke with Bruce about this case and apparently he, too has had an irate neighboring operty owner call. Bruce would like a letter to go out telling the business operator that he has "X" days to cease operation of the business and then he has to quit or we will file an action for an injunction to make him cease. Trevor, Tom or Chris, you will need to decide who among you writes the letter. I would like to review it first, because I will have to follow-up with the action. - We are not going to wait for the new process in January to act on this. Stephanie L. Arries Assistant Weld County Attorney 1150 "0" Street P.O. Box 758 Greeley, Colorado 80632 Tel: 970-356-4000 ext 4394 Fax: 970-352-0242 Email: sarries@co.weld.co.us STATEMENT OF CONFIDENTIALITY & DISCLAIMER: The information contained in this email message is attorney privileged and confidential, intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copy of this email is strictly prohibited. If you have received this email in error, please notify us immediately by ilikplying and delete the message. Thank you. Original Message 3 From: Trevor Jiricek Sent: Tuesday, October 25, 2011 10:03 AM To: Chris Gathman; Bethany Salzman; Stephanie Arries Cc: Tom Parko • Subject: Re: Usr 1785 C&H Excavating All, Please include Bruce on this discussion as he was present during the hearing. Thanks Original Message From: Chris Gathman Sent: Tuesday, October 25, 2011 09:50 AM To: Bethany Salzman; Stephanie Arries Cc: Trevor Jiricek; Tom Parko Subject: FW: Usr 1785 C&H Excavating Bethany & Stephanie, This is a neighbor inquiring about the Cunningham (Simpson) USR case that was denied last Wednesday. We are getting inquiries from the neighbors (and also from the applicant) about how long they have until they vacate the property. I know the standard has been 30-days and then the case is forwarded to the County Attorney's Office. Is that still the standard answer that we are using with the new violation process that is being instituted? Thanks! 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. Original Message From: Dusty Winter [mailto:winterdjw44@aol.com] Sent: Monday, October 24, 2011 8:51 AM To: Chris Gathman Subject: Usr 1785 C&H Excavating Since permit has been denied what procedures take place now? They are still in operation nothing has changed including painting. • Thanks, Dusty and Sandy Winter Sent from my iPhone 4 Hello