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Home My WebLink About20120456.tiff INVENTORY OF ITEMS FOR CONSIDERATION • Applicant Lawrence & Therese Scott Case Number USR11-0017 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 Na 2 Application X Maps X Deed/Easement Certificate X Surrounding Property/Mineral Owners X Utilities X 3 Referral List X Referrals without comment X Weld County Sheriffs Office, referral received 10/3/2011 X v Colorado Division of Wildlife, referral received 9/30/2011 4 Referrals with comments X • Weld County Department of Public Works referral received 10/25/2011 X Weld County Department of Public Health and Environment referral dated X -10/27/2011 /%b/Zo/i 'l Weld County Zoning Compliance Officer II referral received 0/30/2011 X Fort Lupton Fire Protection District, referral received 10/24/2011 X Colorado Division of Water Resources, referral received 10/7/2011 X 5 Surrounding Property Owners/Mineral Owners - Letters 6 PC Exhibits 6A Letter& Photos from Freda Dreiling received 1/13/2012 X N 68 Sign posting affidavit 11 aka Wd4,. C,,,,Auato X 6C Photographs (7 total) X Ns 6D Letter from Timothy Flanagan dated 12/21/2007 X 7 Planning Commiccion Recolution I hereby certify that the 14 items identified herein were submitted to the Department of Planning Services at or prior to the scheduled Planning Commissioners hearing. 4 • I Chris Gathman i Planner 99/2.0956 i lSt. 1, 1 r , a _ _U r' �' LAND USE APPLICATION o' T i SUMMARY SHEET Planner: C. Gathman Case Number: USR11-0017 Hearing Date: January 17, 2012 Applicant: Lawrence &Therese Scott Site Address: 11434 State Highway 52, Fort Lupton CO. 80621 Request: A Site Specific Development Plan and Amended Use by Special Review Permit for an Amendment to Use by Special Review 671 (farm equipment repair shop) for expansion of outdoor storage of vehicles, materials and parts associated with the farm equipment repair shop, along with a Towing service, and an impound lot in the A(Agricultural) Zone District. Legal Description: Lot A of AMRE-1379; located in Part of the SW4 of Section 1, Township 1 North, Range 67 West, Weld County, Colorado Location: South of and adjacent to State Highway 52 and approximately 1/2 mile east of County Road 23 Size of Parcel: +/- 5.2 Acres • Parcel Number: 146901000089 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 responses from the following agencies: Without Comments: Weld County Sheriffs Office, referral received 10/3/2011 Colorado Division of Wildlife, referral received 9/30/2011 With Comments: Department of Public Works, referral received 10/25/2011 Department of Public Health and Environment, referral received 10/27/2011 Weld County Zoning Compliance, referral received 9/30/2011 Department of Building Inspection, referral received 11/4/2011 Fort Lupton Fire Protection District, referral received 10/24/2011 Colorado Division of Water Resources, referral received 10/7/2011 Colorado Department of Transportation, e-mail re: access received prior to application — 1/13/2011. The following agencies have not responded: EXHIBIT City of Fort Lupton • Town of Frederick RE-8 School District Platte Valley Soil Conservation District 152 II-co '/ USR11-0017, Scott, Page 1 Lupton Bottom Ditch • • • USR11-0017, Scott, Page 2 • SPECIAL REVIEW PERMIT W ADMINISTRATIVE REVIEW WIiDc COLORADO Planner: C. Gathman Case Number: USR11-0017 Hearing Date: January 17, 2012 Applicant: Lawrence &Therese Scott Site Address: 11434 State Highway 52, Fort Lupton CO. 80621 Request: Amended Site Specific Development Plan and Use by Special Review Permit for an Amendment to Use by Special Review 671 (farm equipment repair shop) for expansion of outdoor storage of vehicles, materials and parts associated with the farm equipment repair shop, along with a Towing service, and an impound lot in the A(Agricultural)Zone District. Legal Description: Lot A of AMRE-1379; located in Part of the SW4 of Section 1, Township 1 North, Range 67 West, Weld County, Colorado • Location: South of and adjacent to State Highway 52 and approximately 1/2 mile east of County Road 23 Size of Parcel: +/- 5.2 Acres Parcel Number: 146901000089 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 B.2. A.Policy 2.2. states: "Allow commercial and industrial uses, which are directly related to or dependent upon agriculture, to locate within agricultural areas when the impact to surrounding properties is minimal or mitigated and where adequate services and infrastructure are currently available or reasonably obtainable. These commercial and industrial uses should be encouraged to locate in areas that minimize the removal of agricultural land from production." Section 22-2-20 A. A.Goal 1. states: "Respect and encourage the continuation of • agricultural land uses and agricultural operations for purposes which enhance the economic health and sustainability of agriculture." USR11-0017, Scott, Page 3 Section 22-2-20 I. A.Policy 9.3. states: "Consider mitigation techniques to address • incompatibility issues. Encourage techniques and incentives, such as but not limited to clustered development and building envelopes, to minimize impacts on surrounding agricultural land." This proposed Amended Use by Special Review Permit is to expand an existing farm equipment repair shop originally approved under USR-671. USR-671 was approved by the Board of County Commissioners on May 15, 1985. This use consists of mostly indoor repair of vehicles with some outdoor repair of larger vehicles and some outdoor storage of vehicles and equipment awaiting repair, or repaired vehicles awaiting payment of repairs. In addition to this use, the applicant intends to operate a vehicle towing business (estimated at approximately one tow per week) and a screened impound lot for storage of wrecked, derelict or abandoned vehicles for the Colorado Highway Patrol (estimated at approximately two times per month). Development standards and conditions of approval (such as screening of outdoor vehicles and equipment storage associated with the business) will ensure compatibility with the surrounding area. B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the (A) Agricultural Zone District. Per Sections 23-3-40.6.4 and 23-3-40.S of the Weld County Code: Farm equipment sales, repair and installation facilities and 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 are listed as Uses by Special Review 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. This violation was initiated due to the expansion of a Use by Special Review (USR-671) permitted area without the necessary Weld County Zoning Permits and the presence of non-permitted mobile homes and Noncommercial Junkyard. This case was presented to the Board of County Commissioners through the Violation Hearing process on February 8, 2011. At that hearing, the Board referred this case to the County Attorney's office, but delayed legal action for 30 days. The applicant submitted this USR application to address the expansion of the boundaries of USR-671. This complaint was from a private citizen. This application if approved by the Board of County Commissioners and once a plat is recorded will correct a portion of the violation. If this application is denied, the commercial use shall be reduced to fall back within the guidelines as established through USR-671. Additionally, if denied by the Board of County Commissioners this case will proceed with legal action accordingly. There is an existing single family residence and outbuildings located on the parcel immediately to the west of the USR site and two other single-family residences located approximately 150-300 feet to the northwest of the site. Farmland is located to the south and vacant land and an old gravel mining site are located to the north and east of the USR property. No letters, e-mails nor phone calls from surrounding property owners have been received in response to this land use request. Staff is requiring screening of outdoor vehicle and equipment storage from adjacent residences and rights-of-way to ensure compatibility with existing surrounding properties. • USR11-0017, Scott, Page 4 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 proposed USR site is located within the three-mile referral areas of the City of Fort Lupton and Town of Frederick. No referral response has been received from either municipality. 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 area. 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. This special use permit application is to address expansion an existing commercial business that has occurred since the original USR was approved. No additional agricultural land is being taken out of production. 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. Conditions of approval • and development standards will ensure adequate provisions to 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. 1. The plat shall be amended to delineate the following: A. All sheets of the plat shall be labeled USR11-0017 (Department of Planning Services) B. The attached Development Standards. (Department of Planning Services) C. The plat shall be prepared in accordance with Section 23-2-260.D of the Weld County Code. (Department of Planning Services) D. Show the individual parking spaces for employees and customers and ensure that the parking spaces are not located on top of the septic leach field. At least one (1) ADA accessible parking space shall be provided. (Department of Public Works) E. Show the boundary of the Water Quality Area and label as "Water Quality — No Build or Storage Area". The water quality area may need to be split into two to ensure that the runoff from the business/shop area and the storage area is caught. (Department of Public Works) F. 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 public rights-of-way and adjacent properties. These areas shall be designed and used in a manner that USR11-0017, Scott, Page 5 will prevent wind or animal scattered trash. (Department of Planning Services) • G. If washing of vehicles and equipment is performed onsite the applicant will need to ensure that the effluent is contained and discharges are prevented. The applicant informed that there are no floor drains inside the shop. And, as mentioned above, water from the commercial well is restricted to inside the shop building. The vehicle and equipment areas and containment should be designated on the plat. (Department of Public Works) H. The plat shall delineate the approved Screening Plan. (Department of Planning Services) The off-street parking spaces including the access drive shall be surfaced with gravel, asphalt, concrete or the equivalent and shall be graded to prevent drainage problems. (Department of Public Works) J. The approved lighting plan. (Department of Planning Services) 2. The applicant shall revise their dust abatement plan, for review and approval, to the Environmental Health Services, Weld County Department of Public Health & Environment. (Department of Public Health and Environment) 3. 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 in accordance with the Rules and Regulations of the Water Quality Control Commission, and the Environmental Protection Agency. Vehicle and equipment washing areas should be designated on the plat. (Department of Public Health and Environment) • 4. All Weld County Individual Sewage Disposal System (ISDS) regulations and policies apply. Septic Repair Permit SP-1100141 must receive a final inspection and approval through the Weld County Department of Public Health and Environment, Environmental Health Services. (Department of Public Health and Environment) 5. The applicant shall address the requirements of the Fort Lupton Fire Protection District, as stated in the referral response dated October 24, 2011. Written evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Planning Services) 6. The applicant shall provide evidence to the Department of Planning Services that all noncommercial junkyard items located on the property are screened from all adjacent properties and public rights of way, or have been removed from the property. (Department of Planning Services) 7. If Lighting is existing/proposed the applicant shall submit to the Department of Planning Services with a Lighting Plan for review and approval. The lighting plan shall meet the following requirements: 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 in accordance with the plan. Neither the direct nor reflected light from any light source may create a traffic hazard to operators of motor vehicles on public or private streets. (Department of Planning Services) 8. The applicant shall submit to the Department of Planning Services a Screening Plan for review and approval. The applicants indicate they will install corrugated metal fencing set 1' high on steel posts and steel rails. The fencing shall be non-reflective. The applicant shall indicate what color the metal fencing will be. (Department of Planning Services) • 9. The applicant shall enter into a Private Improvements Agreement according to policy regarding collateral for improvements and post adequate collateral for fencing, screening). The agreement and form of collateral shall be reviewed by County Staff and accepted by the Board of County USR11-0017, Scott, Page 6 Commissioners prior to recording the USR plat. As an alternative, the applicant may submit • evidence that all the work has been completed and reviewed by the Department of Planning Services and the Department of Public Work. (Department of Planning Services) 10. Upon completion of 1-9 above the applicant shall submit three (3) paper copies of the plat for preliminary approval to the Weld County Department of Planning Services. Upon approval of the paper copies 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 sixty (60) 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) 11. In accordance with Weld County Code Ordinance 2006-7 approved June 1, 2006, should the plat not be recorded within the required sixty (60) days from the date the Board of County Commissioners resolution a $50.00 recording continuance charge shall added for each additional 3 month period. (Department of Planning Services) 12. 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). This digital file may be sent to maps(a.co.weld.co.us. (Department of Planning Services) 13. 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) • • USR11-0017, Scott, Page 7 SITE SPECIFIC DEVELOPMENT PLAN • SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Scott USR11-0017 1. A Site Specific Development Plan and Amended Special Review Permit for an Amendment to Use by Special Review 671 (farm equipment repair shop) for expansion of outdoor storage of vehicles, materials and parts associated with the farm equipment repair shop, along with a Towing service, and an impound lot 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) 3. The number of on-site employees shall be limited to two (2) outside employees. (Department of Planning Services) 4. The hours of operations shall be limited to 8:00 am — 6:00 pm Monday — Saturday with the exception of the towing service. (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. 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) 10. 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 and Environment) 11. Any vehicle or equipment washing areas shall capture all effluent and prevent discharges in accordance with the Rules and Regulations of the Water Quality Control Commission, and the Environmental Protection Agency. (Department of Public Health and Environment) 12. All 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) 13. Adequate drinking, handwashing and toilet facilities shall be provided for employees and patrons USR11-0017, Scott, Page 8 of the facility, at all times. (Department of Public Health and Environment) • 14. Sewage disposal for the facility shall be by septic system. 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) 15. 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) 18. 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) 19. 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) 20. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240, Weld County Code. 21. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250, Weld County Code. 22. 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 in accordance with the plan. Neither the direct nor reflected light from any light source may create a traffic hazard to operators of motor vehicles on public or private streets. No colored lights may be used which may be confused with or constructed as traffic control devices. (Department of Planning Services) • 23. The Screening on site shall be maintained in accordance with the approved Screening Plan. (Department of Planning Services) 24. Should 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, pursuant to Chapter 15, Articles I and II of the Weld County Code. (Department of Public Works) 25. 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. 26. The historical flow patterns and runoff 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) 27. Weld County is not responsible for the maintenance of onsite drainage related features. (Department of Public Works) 28. 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. • 29. 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. USR11-0017, Scott, Page 9 30. 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. • USR11-0017, Scott, Page 10 • DEPARTMENT OF PLANNING SERVICES 1555 N 17th AVE ' GREELEY, CO 80631 VlID WEBSITE: www.co.weld.co.us E-MAIL: cgalhman@co.weld.co.us O PHONE: (970) 353-6100, Ext. 3537 FAX: (970)304-6498 COLORADO December 28, 2011 LAWRENCE D SCOTT 4371 CR 27 FT LUPTON, CO 80621 Subject: USR11-0017 - A Site Specific Development Plan and Use by Special Review Permit for an Amendment to USR-671 (farm equipment repair shop) for expansion of outdoor storage of vehicles, materials and parts associated with the farm equipment repair shop, along with a towing service, and an impound lot in the A(Agricultural) Zone District. On parcel(s)of land described as: LOT A AMENDED REC EXEMPT AMRE-1379; PART SW4 SECTION 1, Ti N, R67W of the 6th P.M., Dear Applicant: I have scheduled a meeting with the Weld County Planning Commission on January 17, 2012, at 1:30 p.m. A subsequent hearing with the Board of County Commissioners will be held on February 15, 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 vtn ttAikAttiHily,ll'Al;:triAtiAta,t If you have any questions concerning this matter, please call. Respectfully, Digitally signed by Kristine Ranslem r Reason:I am the author of this document ( 1 ' Location:1555 N 17th Ave Date:2011.12.28 09:59:50-07'00' Chris Gathman Planner • BOARD OF COUNTY COMMISSIONERS' SIGN POSTING CERTIFICATE • THE LAST DAY TO POST THE SIGN IS February 5. 2012 THE SIGN SHALL BE POSTED ADJACENT TO AND VISIBLE FROM A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY. IN THE EVENT THE PROPERTY BEING CONSIDERED FOR A SPECIAL REVIEW IS NOT ADJACENT TO A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY, THE DEPARTMENT OF PLANNING SERVICES SHALL POST ONE SIGN IN THE MOST PROMINENT PLACE ON THE PROPERTY AND POST A SECOND SIGN AT THE POINT AT WHICH THE DRIVEWAY (ACCESS DRIVE) INTERSECTS A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY. I, Chris Gathman, HEREBY CERTIFY UNDER PENALTIES OF PERJURY THAT THE SIGN WAS POSTED ON THE PROPERTY AT LEAST 10 DAYS BEFORE THE BOARD OF COMMISSIONERS HEARING FOR USR11-0017 IN THE AGRICULTURAL ZONE DISTRICT. Chris Gathman Name of Person Posting Sign • Signature of Person Posting Sign STATE OF COLORADO ss. COUNTY OF WELD )Dr The foregoing instrument was subscribed and sworn to me this day f , 2012. WITNESS my hand and official seal. IA v'_ BILLIE J. MOORE W NOTARY PUBLIC Notary Public STATE OF COLORADO / /u My Commission Expires: X013/I1 m4 EXHIBIT S . 6 • Lcs211-pot 1 • • PLANNING COMMISSIONERS' SIGN POSTING CERTIFICATE THE LAST DAY TO POST THE SIGN IS 1/7/2012 THE SIGN SHALL BE POSTED ADJACENT TO AND VISIBLE FROM A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY. IN THE EVENT THE PROPERTY BEING CONSIDERED FOR A SPECIAL REVIEW IS NOT ADJACENT TO A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY, THE DEPARTMENT OF PLANNING SERVICES SHALL POST ONE SIGN IN THE MOST PROMINENT PLACE ON THE PROPERTY AND POST A SECOND SIGN AT THE POINT AT WHICH THE DRIVEWAY (ACCESS DRIVE) INTERSECTS A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY. I, Chris Gathman, HEREBY CERTIFY UNDER PENALTIES OF PERJURY THAT THE SIGN WAS POSTED ON THE PROPERTY AT LEAST 10 DAYS BEFORE THE PLANNING COMMISSIONERS HEARING FOR USR11-0017 IN THE A (AGRICULTURAL) ZONE DISTRICT. Chris Gathman Name of Person Posting Sign its • Signature of Person Posting Sign STATE OF COLORADO ) ss. COUNTY OF WELD The foregoing instrument was subscribed and sworn to me this day of , 2012. WITNESS my hand and official seal. Notary Public My Commission Expires: • 3 11• ter/ I. / �� , r „• {� •1 r r ‘11IdikIWIr -1. 0' • ► dial„ /'s . �Gi �' r f;• ` , ' ;j $ �, ,l se- • * jj ;9 lik ir. IA , )4t 1 4-1, / 1 1 is r If• Tom-• rr 1 •‘ .l �✓ i r I 1• •I • ,11 }' ) ' ♦ ' .may' Pr S' . 9/1. , NI\„,/,„ ,sone. .4. e ` • f • 1i . . S I li v / r/ /t / ~ d ' / I 1 tea+ - '/ TT _._ - !. 4 f / / {{ -p I. 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' -. . .. . _ ,. ._ . .. ..14 _ .•• .• 6. �sG. �y lyaw •�' ••'t. c �i:.' • . H ♦ �. • 0 FIELD CHECK Inspection Date: 1/7/2012 CASE NUMBER: USR11-0017 APPLICANT: Lawrence & Therese Scott LEGAL DESCRIPTION: Lot A of Recorded Exemption 1379; located in part of the SW4 of Section 1, T1N, R67W LOCATION: South of and adjacent to State Highway 52 and approximately 1/2 mile east of County Road 23 Zoning Land Use N A (Agricultural) N Agricultural E A (Agricultural) E Gravel Mine & single-family residence S A (Agricultural) S Agricultural W A (Agricultural) W Single-Family residence COMMENTS: Existing Business located on the property. Ma. LLz� Chris Gathman, Planner • orr • 4Alli DEPARTMENT OF PLANNING SERVICES 1555 N 17th AVE GREELEY, CO 80631 WEBSITE: www.co.weld.co.us I E-MAIL: cgathman@co.weld.co.us PHONE: (970) 353-6100, Ext. 3537 FAX: (970)304-6498 COLORADO September 28, 2011 SCOTT LAWRENCE D 4371 CR 27 FT LUPTON, CO 80621 Subject: USR11-0017 - Amended Site Specific Development Plan and Use by Special Review Permit for an Amendment to Use by Special Review 671 (farm equipment repair shop)for expansion of outdoor storage of vehicles, materials and parts associated with the farm equipment repair shop, along with a Towing service, and an impound lot in the A(Agricultural)Zone District. On parcel(s)of land described as: PT SW4 1-1-67 LOT A REC EXEMPT RE-1379 (.13R) of the 6th P.M., Weld County, Colorado. Dear SCOTT, LAWRENCE D 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: Fort Lupton at Phone Number 303-857-6694 Frederick at Phone Number 720-382-5500 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 :it/ . C ", .,dk— Reason_l am the author of this document p.,q Location:1555 N 17th Ave Date:2011,09.28 08:52:40-06'00' Chris Gathman Planner • • 1861 -2011 WEL c COUNTY 7-Day Completeness Review August 30, 2011 Applicant: Lawrence & Therese Scott Case#: Not Assigned Yet (PA10-099) Request: A Use by Special Review Permit for farm & diesel truck equipment & repair, truck towing business, impound lot for heavy trucks and trailers. Legal Description: Lots A & B of RE-1379; located in part of the SW4 1-1-67. Location: South of and adjacent to State Highway 52 and approximately '/2 mile east of CR 23. Size of Parcel: +/- 5.2 acres Parcel Number: 146901000089 • X Public Works X Health X Planning X Building Lawrence & Therese Scott Dear Mr. & Mrs. Scott: The following completeness review notes are provided as a courtesy to the applicant. While we strive to identify significant issues, the following notes may not identify all issues, even major ones that may be raised during the formal review of your application. The information contained herein has been placed on file with the Department of Planning Services. Please submit a copy of this form when you submit a formal Land Use Application. If you have any questions regarding the process and/or application please call Chris Gathman at 970-353-6100 extension 3537, or email at cgathman@co.weld.co.us • REVIEW: • Departmental staff has completed their review and offer the following comments. Please address these: Environmental Health See attached e-mail response from Lauren Light dated August 23, 2011. Please provide the requested information regarding the Waste Handling Plan. Planning The following information shall be provided/addressed per the Department of Planning Services: 1. Provide Application Fee 2. Provide Certificate of Conveyances. Public Works See the attached memorandum from Public Works dated August 30, 2011. Provide the requested water quality feature information to the Department of Public Works. Building Inspection • No Comments This completes our portion of the 7-Day Completeness Review. Please address the items above and if you have any questions please feel free to call or email us. Building Inspection No Comments cgathman@co.weld.co.us hhansena,co.weld.co.us flight@co.weld.co.us Sincerely, Chris Gathman Planner III ec: L. Light, Environmental Health H. Hansen, Public Works PA-10-099 • Chris Gathman om: Lauren Light nt: Tuesday, August 23, 2011 2:57 PM o: Chris Gathman Subject: 7 day review for amusr-671 A waste plan that provides more detail is required. How are fluids contained such as anti-freeze, hydraulic fluid, gas ect. from damaged trucks? How are spills handled? Is there a floor drain in the shop? What is the 275 gallon waste tank made of(steel?)? Lauren Light, M.B.S. Environmental Planner, Environmental Health Services Weld County Department of Public Health & Environment 1555 N. 17th Ave. Greeley, CO 80631 Ilicihtco.weld.co.us 970-304-6415 Ext. 2211 (office) 970-304-6411 (fax) 1x61 1011 Wf Cc '.1 N?Y u2 nfidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for e 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. • t • 1861 - 2011 MEMORANDUM TO: Chris Gathman, Planning Services DATE: August 30, 2011 WI E L I' C O NT Y FROM: Heidi Hansen, P.E., Public Works Department SUBJECT: 7-Day Completeness Review— Lawrence &Therese Scott I have reviewed the 7-Day Completeness Review. Public Works shall be looking for five critical items: ➢ Site Plan — Submitted ➢ Traffic Study—Not Required—Estimate Submitted ➢ Preliminary Drainage Report - Full Report Not Required - A Water Quality Depression is required for this site. Please answer the attached questions concerning drainage on the property. Procedures for calculating the required volume of the Water Quality Depression are attached to this memo. The Depression should be located downstream of the parking/work area, should be 1'-2' deep and should meet the required volume found using the attached calculations. An existing on-site low point may be used. If you need assistance with the calculations please contact Heidi Hansen at 970-304-6496 x3750. ➢ Geotechnical Report- Not Required ➢ Flood Hazard Development Standards—Not in a FEMA Floodplain This phase of the planning process is a content review of the submitted materials, NOT a technical • review. Comments made during this phase of the process will not be all-inclusive. The Public Works Department will perform a detailed technical review of the project once the submittal application is deemed acceptable and is promoted to the review phase of the planning process. Public Works does not have adequate information to review this submittal. Please submit the following items: • Drainage Questions • Water Quality Depression pc: 7-Day Completeness, Scott • U:\Referrals\7-Day Completeness\Scott\Scott 7-Day.docx Chris Gathman ifrom: Chris Gathman nt: Tuesday, August 30, 2011 4:31 PM o: 'dwp@zplaw.net' Subject: Scott 7-Day completeness review Attachments: Scott PA10-099 7 Day.doc; 7 day review for amusr-671; Scott 7-Day.docx; Drainage Requirements.docx; Water Quality Feature Procedures.pdf David, Here are the completeness review comments for Scott. 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 U ti , 2 0 i i ¢.a covN 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 7 Day Completeness Review • Subject: Amended USR (USR-671) for expansion of a farm equipment USR Legal: Lots A and B of RE-1379; located in Part of the SW4 of Section 1 , T1N, R67W of the 6`" P.M.; Situs Address is 11434 HWY Location: South of and adjacent to State Highway 52 and approx. 1/2 mile east of CR 23 Applicant Name: Lawrence & Therese Scott Property Owner: Same Planner: Chris Gathman • Department: Public Works Health Building Plannin Comments: Name: • Date: Date: August 23, 2011 , Comments due no later than August 30, 2011 Hello