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Home My WebLink About20110260 INVENTORY OF ITEMS FOR CONSIDERATION • Applicav&.t BRUCE AND JANET RICHARD Case Nuvv ber USR 1761 Subv;u tted Gar Prepared Prior to At HeeAYbvLG HERri.wa " i staff CowLvv<ev.t5 X Departvuevtit of Pt.avt.LA.6A.?, Services Fi.etsl C leek Forvu. Pt.avtivuivte Covu,wtissi.ow.er Fie[ol Check Form. Letter to Applicavtt Affidavit of sicivt•posti•no LesolL Noti ficatiows V 2 AppLicatiow X reaps Deed/ Easev&evLt Certificate .Suvrouvtc L Propert j //ALI/Lei/Ca Owvters " • vtiL ties N' R.eferrat, List x R.eferral s without covuvuev.t x Town of Erie, email referral dated October 8, 2010 Weld County School District (St. Vrain Valley ) RE-1J, referral dated October 13, 2010 Colorado Department of Transportation, email referral dated October 13, 2010 4 rzeferraLs with cov'nwt.eAts x Weld County Code Compliance, referral dated October 8, 2010 City of Dacono. referral dated October 14, 2010 Mountain View Fire Protection District, referral dated October 15, 2010 �. Town of Frederick, referral dated October 19, 2010 (A„/w ..jjo com..4 Weld County Department of Building Inspection. referral dated October 19, 2010 • Weld County Department of Planning. Landscape, referral dated October 19, 2010 2011-0260 State of Colorado Office of the State Engineer, referral dated October 22, • 2010 - A ivi5tsa.v A4 LW-4 id-coca/To, Weld County Department of Public Works, referral dated November 3, 2010 Weld County Department of Public Health and Environment, referral dated November 4, 2010 x PC Exhibits N, 0. Evidence of Sign Posting (jj,/ ,tea Jag) • I hereb certif that the,' ztevus 1.dewti fied hereivti were subwi.itted to the DepArtvueot of PIAv+.vavtg services at or prior to the scheduled PlavLvtivtg Cowt.vkissiovters heariutig. IGiv� e ❑ PLCifrul.er • • LAND USE APPLICATION COLORADO SUMMARY SHEET Planner Kim Ogle Case Number: USR-1761 Hearing Date: January 4, 2011 Applicant: Bruce and Janet Richard Address: 11580 Holly Street, Thornton, Colorado 80233 Property Address: 2152 East 1-25 Frontage Road, Erie, CO 80516 Request: A Site Specific Development Plan and a Special Review Permit for a commercial junkyard or salvage yard, the leasing and sales of vehicles and equipment, and vehicle service/repair in the C-3 (Commercial) Zone District. Legal Description: Lot 3, Althen Boyer Subdivision being Part of the SW4 of Section 23, Township 1 North, Range 68 West of the 6th P.M., Weld County, Colorado Location: East of and adjacent to Interstate 25 (1-25) Frontage Road and approximately % • mile north of County Road 6. Size of Parcel: 2.2 +/-acres Parcel Number: 1467 23 000060 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 without comment from the following agencies: • Town of Erie, email referral dated October 8, 2010 • Weld County School District(St. Vrain Valley) RE-1J, referral dated October 13, 2010 • Colorado Department of Transportation, email referral dated October 13, 2010 The Department of Planning Services' staff has received responses with comment from the following agencies: • Weld County Code Compliance, referral dated October 8, 2010 EXHIBIT • City of Dacono, referral dated October 14, 2010 • Mountain View Fire Protection District, referral dated October 15, 2010 • Town of Frederick, referral dated October 19, 2010 • Weld County Department of Building Inspection, referral dated October 19, 2010 • Weld County Department of Planning, Landscape, referral dated October 19, 2010 • • State of Colorado Office of the State Engineer, referral dated October 22, 2010 • Weld County Department of Public Works, referral dated November 3, 2010 • Weld County Department of Public Health and Environment, referral dated November 4, 2010 • The Department of Planning Services' staff has not received responses from the following agencies: ▪ City of Northglenn • Adams County • City and County of Broomfield • Platte Valley Soil Conservation District • Colorado Division of Wildlife • Weld County Sheriffs Office • • • SPECIAL REVIEW PERMIT ( ,f,\ ADMINISTRATIVE REVIEW wok COLORADO Planner Kim Ogle Case Number: USR-1761 Hearing Date: January 4, 2011 Applicant: Bruce and Janet Richard Address: 11580 Holly Street, Thornton, Colorado 80233 Property Address: 2152 East 1-25 Frontage Road, Erie, CO 80516 Request: A Site Specific Development Plan and a Special Review Permit for a commercial junkyard or salvage yard, the leasing and sales of vehicles and equipment, and vehicle service/repair in the C-3 (Commercial) Zone District. Legal Description: Lot 3, Althen Boyer Subdivision being Part of the SW4 of Section 23, Township 1 North, Range 68 West of the 6th P.M., Weld County, Colorado • Location: East of and adjacent to Interstate 25 (1-25) Frontage Road and approximately '1/ mile north of County Road 6. Size of Parcel: 2.2 +/-acres Parcel Number: 1467 23 000060 THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE DENIED 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 not shown compliance with Section 23-2-220 of the Weld County Code as follows: Section 19-2-60.B of the Weld County states, "Development outside urban growth area. To the extent legally possible pursuant to the Plan and the County's land use regulations as described in Section 19-2-50 B above, the County will disapprove all proposals for Urban Development in areas of the Southern Weld Planning Area outside the Urban Growth Area. This Subsection shall not require disapproval of a recorded exemption solely because the smaller parcel is less than two and one-half (2%) acres in size." The proposed commercial use is located outside the urban growth area as defined in Appendix 19-C of the Weld County Code but is located within the Southern Weld Planning Area, therefore the City of Dacono is on record to recommend denial of the application to operate a commercial junkyard or salvage yard, including the leasing and sales of vehicles and equipment, and vehicle service/repair at a location one mile south of the City • limits adjacent to the 1-25 corridor which per the City's referral is perceived as the front door to the City. The City in their referral dated October 14, 2010 specifically states "the application, as submitted, fails to adequately address the associated environmental considerations. The City of Dacono has significant concerns with environmental containment issues related to Freon recovery (a threat to the ozone layer), antifreeze recovery (could pollute stormwater runoff) and battery disposal (Lead and acid could cause groundwater contamination). • Further, the City feels the proposed land use is inconsistent with the Weld County Comprehensive Plan guiding principles stating that land use policies have a significant impact on economic conditions in the County and should be structured to encourage economic prosperity and economic growth. The continued growth of additional salvage yards in southwest Weld County, most notably surrounding the City of Dacono, suggests an overall lack of investment and economic development opportunities for new business growth and development." This recommendation is based, in part, upon a review of the application materials submtted by the applicant, other relevant information regarding the request, and responses from referral entities. 1. Currently the property is in violation (VI-0500004) due to the presence of a commercial junkyard/salvage yard without first submitting and completing the necessary Weld County Zoning Permits. This case has not been presented to the Board of County Commissioners through the Violation Hearing process; therefore no Investigation Fee is required. This application if approved by the Board of County Commissioners and USR-1761 plat recorded will correct the violation. If denied, the violation case shall be forwarded to the County Attorney's office but delay legal action for 30 days in order to give the applicant time to ensure that the salvage yard has been removed from the property. Alternatively, the applicant may restrict his commercial business activities to the administratively approved Amended Site Plan Review 208 for a Vehicle Repair Shop without outside parking of vehicles. Should the Planning Commission choose to approved USR-1761, the Department of Planning Services' staff recommends the approval be conditioned as follows: • 1. Prior to recording the plat: A. As the applicant intends to utilize the existing septic system and the use exceeds 2 people per day, 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. Evidence of their approval shall be submitted to the Department of Planning Services. (Department of Public Health and Environment) B. The applicant shall contact the Colorado Department of Transportation and the City and County of Broomfield concerning access to the realigned Frontage Road at this location. Written evidence of an approved access permit shall be provided to the Department of Planning Services. (Department of Planning Services) C. The applicant shall provide a Landscape and Screening Plan for review and approval to the Department of Planning Services. (Department of Planning Services) D. The applicant shall provide written evidence to the Department of Planning Services that the proposed commercial facility complies with Section 23-2-260.E.2 (proof of adequate water supply)of the Weld County Code. (Department of Planning Services) E. The application materials do not address property maintenance. The applicant shall submit written evidence to the Department of Planning Services detailing how the • property will be in compliance with Section 23-3-250.B.7 of the Weld County Code. (Department of Planning Services) F. The plat shall be amended to delineate the following: • 1. All sheets of the plat shall be labeled USR-1761 (Department of Planning Services) 2. The attached Development Standards. (Department of Planning Services) 3. The approved Landscape and Screening Plan. (Department of Planning Services) 4. Should exterior lighting be a part of this facility, all light standards shall be delineated in accordance with Section 23-3-250.6.6 of the Weld County Code. (Department of Planning Services) 5. The location and screening of the dumpster location as outlined in Section 23-3- 250.A.6 of the Weld County Code. (Department of Planning Services) 6. All recorded easements shall be shown and dimensioned on the plan including the book and reception number, if applicable. (Department of Planning Services) 7. The parking area shall be delineated on the plat with at a minimum of fifteen (15) parking spaces for customers, one of which should meet the intent of the American's with Disabilities Act, and four (4) for the employees (Department of Planning Services) 8. The utility and drainage easement located adjacent to the south property line shall remain clear of all encumbrances. (Department of Planning Services) • 9. That portion of a lot in any Commercial Zone District which abuts a public or private street right of way shall be landscaped for a distance of 10 feet, measured at a right angle from the lot line towards the interior of the lot, Section 23-3-250.A.5.B of the Weld County Code. (Department of Planning Services) G. 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) H. The applicant shall complete all proposed improvements including those regarding landscaping, screening, access improvements and parking lot requirements or enter into an Improvements Agreement according to policy regarding collateral for improvements (access drive, parking areas, plant materials, fencing, screening, et cetera) and post adequate collateral for all required materials. The agreement and form of collateral shall be reviewed by County Staff and accepted by the Board of County Commissioners prior to recording the USR plat. (Department of Planning Services) Provide evidence to the Weld County Department of Public Health & Environment that the well has been appropriately permitted and installed to provide for potable water and sanitary use for the facility, or that there is an adequate water supply for the commercial business. (Department of Planning Services) 2 Upon completion of 1. 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 thirty (30) days from the date of the Board of County Commissioners resolution. The applicant shall be responsible for • paying the recording fee. (Department of Planning Services) 3. 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 maos(d)co.weld.co.us. (Department of Planning Services) 4. In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005, should the plat not be recorded within the required sixty (60) days from the date the Board of County Commissioners approval was signed a $50.00 recording continuance charge may be added for each additional 3 month period. (Department of Planning Services) 5. Prior to the Release of Building Permits: A. An application and building permit is required for each structure that is constructed or has a change of use. A plan review is required for each building or structure for which a building permit is required. Two complete sets of plans are required when applying for each permit. Include a Code Analysis Data sheet for the Weld County Building Department for each structure that requires a permit. Submittal plans shall include a floor plan showing the specific uses of each area for the building. Plans shall bear the wet stamp of a Colorado Licensed Architect or Engineer. (Department of Building Inspection) B. Buildings 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; 2008 National Electrical Code; 2006 International Mechanical Code; 2006 International Plumbing Code: 2006 International Energy Code;2006 International Fuel Gas Code; 2003 ANSI 117.1 Accessibility Code and Chapter 29 of the Weld County Code. (Department of Building Inspection) C. All building plans shall be submitted to the Mountain View Fire Protection District for • review and approval prior to issue of building permits, (Department of Building Inspection) D. A building permit shall be obtained prior to the construction of any new building. (Department of Building Inspection) E. Building height shall be measured in accordance with the 2006 International Building Code for the purpose of determining the maximum building size and height for various uses and types of construction and to determine compliance with the Bulk Requirements from Chapter 23 of the Weld County Code. Building height shall be measured in accordance with Chapter 23 of the Weld County Code in order to determine compliance with offset and setback requirements. Offset and setback requirements are measured to the farthest projection from the building. (Department of Building Inspection) F. Provide evidence to the Weld County Department of Public Health & Environment that the well has been appropriately permitted and installed to provide for potable water and sanitary use for the facility, or that there is an adequate water supply for the commercial business.-(Department of Planning Services) Move to 1.1 6. Prior to the issuance of the Certificate of Occupancy: A. A final inspection of the occupancy will be required by a member of the Mountain View Fire Protection District. (Mountain View Fire Protection District) 7. 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) • • SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS B &J Auto Parts and Service USR-1761 1. The Site Specific Development Plan and a Special Review Permit for a commercial junkyard or salvage yard, the leasing and sales of vehicles and equipment, and vehicle service/repair in the C-3 (Commercial) Zone District., as indicated in the application materials on file and subject to the Development Standards stated hereon. (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. Construction shall be in accordance with the provisions of the International Fire Code, as ratified by the Weld County Commissioners, and all other applicable codes and ordinances. (Mountain View Fire Protection District) 4. There is no water supply for fire protection to the site. When the building is enlarged or the use changes an additional water supply for fire protection may be required. (Mountain View Fire Protection District) 5. A plan review is required for each building for which a building permit is required. Plans shall include a floor plan. Plans shall bear the wet stamp of a Colorado registered architect or engineer. Two complete • sets of plans are required when applying for each permit. Building plans shall also be submitted to Mountain View Fire protection District for their approval. (Department of Building Inspection) 6. Buildings 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; 2008 National Electrical Code; 2006 International Mechanical Code; 2006 International Plumbing Code: 2006 International Energy Code;2006 International Fuel Gas Code; 2003 ANSI 117.1 Accessibility Code and Chapter 29 of the Weld County Code. (Department of Building Inspection) 7. Building height shall be measured in accordance with the 2006 International Building Code for the purpose of determining the maximum building size and height for various uses and types of construction and to determine compliance with the Bulk Requirements from Chapter 23 of the Weld County Code. Building height shall be measured in accordance with Chapter 23 of the Weld County Code in order to determine compliance with offset and setback requirements. Offset and setback requirements are measured to the farthest projection from the building. (Department of Building Inspection) 8. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S.) shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. (Department of Public Health and Environment) 9. 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 Waste Disposal Sites and Facilities Act, 30-20-100.5, C.R.S., as amended. (Department of Public Health and Environment) 10. 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) • B&J Auto Parts and Service Page 7 of 10 • 11. The applicant shall operate in accordance with the approved "waste handling plan". (Department of Public Health and Environment) 12. 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) 13. The facility shall adhere to the maximum permissible noise levels allowed in the Industrial Zone District as delineated in Section 14-9-30 of the Weld County Code. (Department of Public Health and Environment) 14. Adequate drinking, handwashing and toilet facilities shall be provided for employees and patrons of the facility. (Department of Public Health and Environment) 15. 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) 16. A permanent, adequate water supply shall be provided for drinking and sanitary purposes. (Well permit No.15574-F) (Department of Public Health and Environment) 17. 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) • 18. 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. If applicable, the applicant shall obtain a stormwater discharge permit from the Colorado Department of Public Health & Environment, Water Quality Control Division. (Department of Public Health and Environment) 20. 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) 21. This application is proposing a well as its source of water. The applicant should be made aware that while they may be able to obtain a well permit from the Office of the State Engineer, Division of Water Resources, the quantity of water available for usage may be limited to specific uses, i.e. domestic use only, etc. Also, the applicant should be made aware that groundwater may not meet all drinking water standards as defined by the Colorado Department of Public Health and Environment. We strongly encourage the applicant to test their drinking water prior to consumption and periodically test it over time. (Department of Public Health and Environment) 22. On-site lighting, including security lighting if applicable shall maintain compliance with Section 23-3- 250.B.6 of the Weld County Code. (Department of Planning Services) 23. Effective January 1, 2003, Building Permits issued on the proposed lots will be required to adhere to the fee structure of the Weld County Road Impact Program. (Ordinance 2002-11) (Department of Planning Services) • B&J Auto Parts and Service Page 8 of 10 • 24. Effective August 1, 2005, Building permits issued on the subject site will be required to adhere to the fee structure of the Capital Expansion Impact Fee and the Stormwater/Drainage Impact Fee. (Ordinance 2005-8 Section 5-8-40) (Department of Planning Services) 25. The landscaping on site shall be maintained in accordance with the approved Landscape and Screening Plan. (Department of Planning Services) 26. 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) 27. Weld County is not responsible for the maintenance of drainage related features. . (Department of Public Works) 28. This area IS NOT in a Special Flood Hazard Area (SFHA) as determined by the Federal Emergency Management Agency(FEMA). (Department of Public Works) 29. Geo-Hazard Development Permit number GHDP-20 was developed for this site and must be referenced for all future building construction, including site grading. (Department of Planning Services) 30. The site shall be limited to no more than four(4) employees. (Department of Planning Services) 31. As indicated by the application the hours of operation shall be limited to Monday— Friday 8:30 am to 5:00 pm. (Department of Planning Services) ID32. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250, Weld County Code. 33. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240, Weld County Code. 34. Personnel from the Weld County Government 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 Development Standards stated herein and all applicable Weld County regulations. 35. 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. 36. 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. 37. 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 B&J Auto Parts and Service Page 9 of 10 • 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. • B&J Auto Parts and Service Page 10 of 10 • DEPARTMENT OF PLANNING SERVICES 1555 N 17th AVE GREELEY, CO 83541 PHONE: (970) 353-6100100, Ext. 3540 FAX: (970) 304-6498 COLORADO December 6,2010 Bruce&Janet Richard 11580 Holly St. Thornton CO 80233 Subject: USR-1761-A Site Specific Development Plan and Use by Special Review Permit for a Commercial Junkyard or Salvage Yard (leasing and sales of vehicles and equipment, and vehicle service/repair) in the C-3 (Commercial) Zone District on a parcel of land described as Lot 3, Althen Boyer Subdivision being part of the SW4 of Section 23, T1 N, R68W of the 6th P.M.,Weld County, Colorado. Dear Applicants: • I have scheduled a meeting with the Weld County Planning Commission on January 4, 2011, at 1:30 p.m. This meeting will take place in the Hearing Room, Weld County Planning Department, 918 10th Street, Greeley, Colorado. A subsequent hearing will be held on February 2, 2011 at 10:00 a.m., in the Chambers of the Board of County Commissioners, Weld County Centennial Center, 915 10th Street, First Floor, 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: http://www.co.weld.co.us/Departments/PlanningZoninq/Planninq Department/index.html If you have any questions concerning this matter, please call. Respectfully. Digitally signed by Kristine Ranslem Reason:I am the author of this document Location:1555 N 17th Ave Date:2010.1206 09:04:10-0700' Kim Ogle • Planner PLANNING COMMISSION AND BOARD OF COUNTY COMMISSIONERS' SIGN POSTING CERTIFICATE • THE LAST DAY TO POST THE SIGN IS DECEMBER 22. 2010 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, KIM OGLE, HEREBY CERTIFY UNDER PENALTIES OF PERJURY THAT THE SIGN WAS POSTED ON THE PROPERTY AT LEAST TEN DAYS BEFORE THE PLANNING COMMISSIONERS HEARING AND THE BOARD OF COMMISSIONERS HEARING FOR A SITE SPECIFIC DEVELOPMENT PLAN AND A SPECIAL REVIEW PERMIT FOR A COMMERCIAL JUNKYARD OR SALVAGE YARD, THE LEASING AND SALES OF VEHICLES AND EQUIPMENT, AND VEHICLE SERVICE/REPAIR IN THE C-3 (COMMERCIAL) ZONE DISTRICT BRUCE AND JANET RICHARD, APPLICANTS KIM OGLE Name of Person Posting Sign Signat of Person Posting Sign • STATE OF COLORADO ss. COUNTY OF WELD The foregoing instrument was subscribed and sworn to me this day o r 1 , 2011. WITNESS my hand and official seal. (Oa Notary Public e....� BILLIE J. MOORE N TA RY PUBLIC My Commission Expires: / STATOE OF COLORADO EXHIBIT A Public Hearing Concernin THIS PROPERTY WiIl be Held at . r - H 3. �I .1 Planning Orrice A Public Hearing Greeley e Concerning THIS PROPERTY Will be Held at • 918 Tenth Street Greeley, C • Commissioners Hearing Room • Weld County Centennial Center 915 Tenth Street Greeley, CO On ►siAsy 20 + ; at: 1 : 30 P. J. . L�—_ M. On PG - 1 ___� 201t: 10:00 A.�ri, applicant: riSitiLl ` Ie A t .q Applicant:C3RvG p,tGNe�,,p • Request: OS 1. qquest: an salt. eht~ ��•11L1, a �►� ..�.� GR _ - i A -f 4 e icta t iPPy+iElh „k 4,a�.tis o� vG�ttc t bcD l �P� „� Ur 1 -Y. +Ct� SRN iG6/ llisl r mawsm .{ I. sue' " C t tAlt. •;) ZoNe T,�1stat4r Si a 1'' Case Number: -�IQt_____.� T cres. rj 2 , ./ase Number: ___ t? -� -- ii G Acres: � . � /� FOR FURTHER INFORMATION PLEASE CONTACT=CR FURTHER INF ,5ti y ORMATION PLEASE CONTACT I l•E AT 970-353-6100 ext '70-353-6100 ext � `� 14e `;≥it '%r-j41 J w• •r J J }.-S'.� 4,4n4;,..,F' ,a"'iw""°• K w,� .r qI w, r. ipi:1zi ••4 i t. .f '�'�. �� ' / / I , . . p t� aear ' - ty Ar,�pIl -, . 4v re)•Are* ,pC� 4 ♦/h �. r a &w'a'r• �i- i♦ t .y ... .�.- - a •�� r //JP • 'mss I\ ,• Ir v1 1t� f ` "9',,,- , �I • ' - ` j�. 1.t li- f ,J ` y.l , w .•�,• .r- l." /, ..f, •!° i• f' . � .',:r. `t '^ 1 'i•tI ,.�r f t ! r I • •,'1 �\ In•.' .�In: V J IN• ,j • i ,T w. t ; B i 1 1 tie • A Public Hearing Concerning • • THIS PROPERTY Will be Held at: A Public Hearin `r ^i•..'• ` g Concerning Greeley Planning `r THIS PROPERTY• Will be Held •at:918 Tenth Street Greeley CO •�` '1° •e Commissioners Hearing Room rr • `;� �. ° �•� Weld County Centennial Center • YY,. „"�c `"ate°' .q�A"` x : ' 915 Tenth Street Greeley, CO v. 411•-- 4-_- 20.11„; 30 P.PM • ;e • ;AjiKrr_ :' On z On FG9R____ I Q` f trah ; i ,r,4 r se ;:rf Applicant: ' Rs ` ir" '? ______20.11_, at s� U0 A.fYt. } '. �w c 1* . .• •�..• k' ' Request: �f a ------ \I:" _ _ — — — — — _ } r ,l �__ R �vt rte,;. k i e ' Request r ir.• I,. -...4'aYt�r, rtc 'a G4xM.li� - `y , R44L , , _��.544.1iabf< at "" 'mss. uSi�t�Bc�r ruaa ag , t a-.. t. !>�b -4f YE ,G iL6�+!�+yJr •1SN�1- sat l&Ly�t� / Gtfs5 .1'1Scs.>>tt4lH(y- ir3t . • 4 veaki s agsg?i , ,- __ ' I t' z. 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S Ills! .. __ r- ,�,. .rrt.vr- - -. - • . ',_ two �r , • • _ P. t� :y�,_diet .�i r .r> t ,.• �) 't . I _ K '1 .• . <. a . View to North Ill 2 1/18/2011 - I tic dill : _ : .:, 1 17 i old _ trao'' • to Adjacent Property to North S a left ITS 1 L1alliS N 4 - : 1 - • View from Frontage Road Looking East to North S 3 1/18/2011 • ,. . - a, .fi 1101111111.1.1 - r- . • • .. -,. , r . r View to ast • . 2 . . 8 & JAUTOII i , 111111: -I :177 . 117 , 1 1 .., ii 1 17 iL---.1 1 i I-1 __ 4� 1a ,l �� ._ - - , r.1. _____ --....., _ . . _ .. . .. . . . . . . . . . _ 4 . . •. . , . • . . _ . . . . . . . K - '.� . . . t . , vti • • . . . _ . . . . . • . . . . . . . . . . . , .. . .. . . . Site, Looking East • 4 1/18/2011 7 """v . - .;, r • t ID i _ m ke S , ..w�� - 1l. _L__ I rip : . . II 4 -`I CHEVROLC-T _� s 4'. '2 r k — - v �. , � .. • r M: _t rat;•S Zt [A \4Y L ' • k Jn.• ti r Y • 1 �t�, x . *,rf Fenced and Gated Access into Rear Service Yard 1• . l ate•..a4 �y . � id e- � •r�a'..:4 l - . • •-• Mon LAfY r -�- q iRAIIOR \. y V SOURCE; . 17 ipmilliblitomps„4111111- � • �S .. �r P4 _atillialaillrir L Fa `�- ^s: lei _ — View to East from 1-25 • 5 1/18/2011 • I I . . . .......... t. i yi View to East from 1-25 • _ tr.—. all 8 & sel OW r--------a—Thr--"----,--g,-_ ., - _ . di *1' .. I .„,,, ‘,. _ , .„ . . _ ,,,..... „..., - F . . Site View from 1-25 Looking East • 6 1/18/2011 • • z‘ ; .. . , , _ ____ __aesagrmyt ..z SS I/ __in . _ atow'. ,•_s_ _ atimmit I a' -1- -I4P ' -, 14. q • , `. .p Screened and Landscaped Service Yard View of-Site from I-25 • 0 7 • DEPARTMENT OF PLANNING SERVICES Greeley Planning Office 1555 North 17` Avenue WI D' Greeley, Colorado 80631 WEBSITE: www.co.weld.co.us OE-MAIL: kogle@co.weld.co.us . PHONE (970) 353-6100, EXT. 3549 FAX (970) 304-6498 COLORADO November 5, 2010 Bruce Richard 11580 Holly Street Thornton, Colorado 80233 • Subject: Referrals for USR-1761 Special Use Permit for a Commercial Junkyard or Salvage Yard, lease and sales of vehicle and equipment, and vehicle service/ repair in the C-3 (Commercial ) Zone District Dear Mr. Richard: The Department of Planning Services received the enclosed referrals for this land use case and staff has the following comments: Weld County Department of Public Works, referral dated November 3, 2010 Generally no issues Weld County Department of Environmental Health, referral dated November 4, 2010 Water is provided by individual well, permit No. 15574-F for domestic and industrial use; Septic permit No. G-19830058 was sized for 2 persons; application stated 1-3 persons yet less than 25 persons on daily basis. The existing system will require Engineer's evaluation. Division of Water Resources, referral dated October 22, 2010 The existing well permit No. 15574-F constructed to a depth of 680 feet withdraws water from the Laramie Fox Hills aquifer. The aquifer is hydraulically connected (tributary) to an over-appropriated stream system and the pumping of this well will cause material injury to water rights. The use of this well cannot be used to provide water to the existing or proposed facility until such time as the applicant obtains a court approved augmentation plan or substitute water supply plan that replaces the depletions from the well. • Department of Building Inspection No issues City of Dacono, referral dated October 14, 2010 • The City is recommending denial of the request. Please consider speaking with the City on their letter. Also, the City and County have entered into an Inter-Governmental Agreement to direct future development, as this case is considered development, staff is required to take this recommendation very seriously. Town of Frederick, referral dated October 19, 2010 No issues. Mountain View Fire Protection District, referral dated October 15, 2010 Water supply is required for storage of commercial vehicles Weld County Zoning Compliance, referral dated October 8, 2010 Active zoning violation to be rectified with USR approval Town of Erie, referral dated October 8, 2010 No issues St. Vrain Valley School District, referral dated October 13, 2010 No issues Colorado Department of Transportation, referral dated October 13, 2010 No issues This concludes the evaluation of the submitted referrals. I will follow-up with a telephone call to discuss the referrals and the appropriate action to be taken. As an aside, did you attend the City • of Dacono hearing for this application? If yes, were the points discussed in the Mayor's letter addressed in a public forum? Based on our discussion, staff is prepared to proceed with the Site Specific Development Plan and a Special Review Permit for a commercial junkyard or salvage yard, the leasing and sales of vehicles and equipment, and vehicle service/repair in the C-3 (Commercial) Zone District. Should you have additional questions or require clarification on any of the points presented herein, please contact this office. Thank you. pincer , Kim O e Planning Services File" USR-1761 FIELD CHECK Inspection Date: November 2010 • Applicant: Bruce and Janet Richard Case Number: USR-1761 Request: A Site Specific Development Plan and a Special Review Permit for a commercial junkyard or salvage yard, the leasing and sales of vehicles and equipment, and vehicle service/repair in the C-3(Commercial)Zone District. Legal Description: Lot 3, Althen Boyer Subdivision being Part of the SW4 of Section 23, Township 1 North, Range 68 West of the 6th P.M., Weld County, Colorado Location: East of and adjacent to Interstate 25 (1-25) Frontage Road and approximately Y mile north of County Road 6. Size of Parcel: 2.2+/-acres Parcel Number: 1467 23 000009 Zoning Land Use N Business Commercial N Coronet Properties,commercial junkyard or salvage yard,the leasing and sales of vehicles and equipment E Business Commercial E Jeeps Unlimited S Business Commercial S Fusaro-commercial junkyard or salvage yard, the leasing and sales of vehicles and equipment • W Agricultural W Interstate 25 Comments: Site has current operations for B&J Auto a vehicle service establishment. The property is screened and fenced for security. There is a single structure located on premises that serves as an office and repair garage. Parking area is gravel and graded with good sight distance North and South for vehicles accessing into property and leaving property onto the E. Frontage Road Landscape component consists of deciduous trees for screening located inside of fence on fence line. The landscape treatment effectively blocks views into site from road and elevated Interstate during leaf bearing months. Property is clean and orderly. No violations identified Signat • 'Access to Property At Non-commercial junkyard (list components) -el Site Distance ,,6'Derelict Vehicles Note any commercial business/commercial vehicles that are operating from the site. B&J Auto is located and operating from property • 8265 Joanna Williams November 7, 2010 1020AM Options water court or demonstrate the water is not trib, outside of Denver basin aquifers, not part of DB rules assumed to be tributary. Subdivision rules changed post 1972 Subdivision • • Kristine Ranslem 000m: Kristine Ranslem nt: Friday, October 08, 2010 1:15 PM : 'Roy Spitzer' Subject: USR-1761 Field Inspection Attachments: usr1761.docx We have just received a case (USR-1761) in which we ask that you submit the attached field inspection sheet to us by November 4, 2010. You may view the case material at: http://www.co.weld.co.us/Departments/PlanningZoninq/PlanningDepartment/index.html#1761 If you have any questions, please let me know. Thank you! k stLwerzavusLevv. Planning Technician Weld County Planning Services 1555 N 17th Ave, Greeley CO 8O631 97O-353-61OO ext. 3519 • • 1 Kristine Ranslem om: Kristine Ranslem nt: Friday, October 08, 2010 1:14 PM o: 'bwrichard@q.com'; 'jlrichard1 @msn.com' Subject: Case USR-1761 Attachments: usr1761.pdf Please see the attached letter. If you have any questions, please let us know. Thank you! K.ri,stLvice Rc .cLevu. Planning Technician Weld County Planning Services 1555 N 17th Ave, Greeley CO 80631 970-353-6100 ext. 3519 • • 1 a DEPARTMENT OF PLANNING SERVICES • 15E N 8"AVE GREELEY, CO 80631631 PHONE: (970) 353-6100, Ext. 3540 IFAX: (970) 304-6498 COLORADO October 4, 2010 Bruce&Janet Richard 11580 Holly St. Thornton CO 80233 Subject: USR-1761 - Request for a Site Specific Development Plan and Use by Special Review Permit for a commercial junkyard or salvage yard, the leasing and sales of vehicles and equipment, and vehicle service/repair in the C-3 (Commercial) Zone District on a parcel of land described as Lot 3, Althen Boyer Subdivision, being Part of the SW4 of Section 23, T1 N, R68W of the 6th P.M., Weld County, Colorado. Dear Applicants: Your application and related materials for the request described above are being processed. I will • schedule a meeting with you to discuss the referrals after we have received them. Once the concerns and requirements of the referral agencies have been met or the applicant has shown an attempt to meet their concerns and requirements, a Planning Commission Hearing will be scheduled. It is the policy of Weld County to refer an application to any town or municipality lying within three miles of the property or if the property 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 Dacono, Erie, Firestone, Frederick and Northglenn Planning Commission for their review and comments. Please call Dacono at 303-833-2317, Erie at 303-926-2700, Firestone at 303-833-3291, Frederick at 720-382-5500, and Northglenn at 303-450-8709 for further details regarding the date, time, and place of this meeting. It is recommended that you and/or a representative be in attendance at the Dacono, Erie, Firestone, Frederick and Northglenn Planning Commission meeting to answer any questions the Commission members may have with respect to your application. If you have any questions concerning this application, please call. Respectfully, ' ^ Digitally signed Kristine Ranom Reason:lam the author do cument this document Location:1555 N 17th Ave Date:2010.10.04 15:10:45-06'00' Kim Ogle Planner 411 r4AL ictoktimitier COLORADO DEPARTMENT OF PLANNING SERVICES Bethany Salzman Zoning Compliance Officer II 1555 N 17th Avenue Greeley, CO 80631 Phone: 970-353-6100 X 3555 FAX:970-304-6498 E-Mail: bsalzman@co.weld.co.us September 15, 2010 RICHARD BRUCE & JANET 11580 HOLLY ST DENVER, CO 80233 Case: VI-0500004 Legal Description: ABC L3 EXC W99.22' ALTHEN-BOYER COMMERCIAL UNIT DEV • Dear RICHARD BRUCE & JANET: The property referenced above remains in violation of the Weld County Code. At the September 14, 2010 Violation Hearings, the Board of County Commissioners continued your violation hearing until the October 12, 2010 Violation Hearings. Please keep in mind if a complete application is submitted previously, the hearing will be cancelled. Therefore you are re-scheduled for another meeting with the Board of County Commissioners on: flP02/Y01V .1P:DDAAIMI The above mentioned property remains in violation of the following Section(s) of the Weld County Code: Chapter 23, Article 11(2), Division 3 "Site Plan Review" Section 23-2-150.L "Any approved Site Plan Review shall be limited to the items shown on the Site Plan Review map. Major changes from the approved Site Plan Review map shall require the approval of an amendment of the Site Plan Review map by the Department of Planning Services. The Department of Planning Services is responsible for determining whether a major change exists. Any changes shall be filed in the Department of Planning Services with the Site Plan Review file." Chapter 23, Article 111(3), Division 3 Commercial Zone Districts 23-3-230 C-3 (Business Commercial) Zone District. 23-3-230.B Uses Allowed by Right. No BUILDINGS, STRUCTURES or land shall be USED and no BUILDING or STRUCTURE shall hereafter be erected, structurally altered, enlarged or maintained in the C-3 Zone District except for one (1) or more of the following USES which • must be conducted in compliance with performance standards contained in Section 23-3-250 below. USES within the C-3 Zone District shall also be subject to additional requirements contained in Articles IV and V of this Chapter. 23-3-230.C Accessory Uses. 23-3-230.D Uses by Special Review. e (40.1„;--„,„\\:, • COLORADO DEPARTMENT OF PLANNING SERVICES Bethany Salzman Zoning Compliance Officer II 1555 N 17th Avenue Greeley, CO 80631 Phone: 970-353-6100 X 3555 FAX:970-304-6498 E-Mail: bsalzman@co.weld.co.us 23-3-230.D.5 COMMERCIAL JUNKYARD or salvage YARD. To bring your property into compliance with the Weld County Code: As was previously indicated, upon reviewing some of my older open violations, I ran across this violation case. This case was placed 'on hold' pending the outcome of the sign issue and CDOT working on the frontage road. Both of the items mentioned above appear to be resolved or at least partially resolved. The sign has been disassembled parts of which are still sitting out front and visible). • My records reflect that you came to the Greeley Planning Office on June 24, 2010 at which time staff explained the Use by Special Review (USR) process which is necessary if you desire to store DERELICT VEHICLES anywhere on the property other than inside the shop. For questions, please feel free to contact any of our On-Call Planners at (970) 353-6100, Ext 3540. This hearing will take place in the County Commissioners Hearing Room, first floor, Weld County Centennial Center, 915 10th Street, Greeley, Colorado. It is recommended that you or a representative be in attendance to answer any questions the Board of County Commissioners might have about the violations. Please also be advised that I will be taking video and/or pictures from the road or adjacent properties the business day before or as soon as possible to the above mentioned Violation Hearing date. The Department of Planning Services' staff will be recommending that the Board of County Commissioners authorize the County Attorney to proceed with legal action to remedy the violation. Our records indicate that you were made aware of the nature of the violation including the action necessary to correct the violation, and that you were given sufficient time to remedy this violation. If you have any questions concerning this matter, please call me. Sincerely, .p • Bethany Salzm Zoning Compliance O i er II pc: VI-0500004 J '. Wald County Planning Department GREELEY OFFICE 6 • & crr 1O 'n MEMORANDUM I`plTO: Kim Ogle, Planning Services DATE: September,,�� 8, 2010 C FROM: Heidi Hansen, P.E., Public Works Department?Scab COLORADO SUBJECT: 7-Day Completeness Review—Janet& Bruce Richard (USR-1761 Pending) I have reviewed the 7-Day Completeness Review. Public Works shall be looking for five critical items: ➢ Site Plan— Submitted > Traffic Study—Not Required > Preliminary Drainage Report—Not Required— Water Quality Feature Submitted ✓ Geotechnical Soils 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 has adequate materials to complete a technical review of this submittal. pc: 7-Day Completeness, Janet & Bruce Richard • M:\PLANNING—DEVELOPMENT REVIEW\7-DayCompletenessReviews\2010\Richard Salvage Yard (USR-1761).docx • 7-Day Completeness Review Applicant: Janet and Bruce Richard Case#: USR-1761, Pending Property Address: 2152 East 1-25 Frontage Road Request A Site Specific Development Plan and a Special Review Permit for a commercial junkyard or salvage yard, the leasing and sales of parts, vehicles and equipment, vehicle service/repair and storage of vehicles, RVs Trucks, Trailers and Heavy Construction Equipment in the C-3 (Commercial) Zone District. Legal Description: Lot 3. Althen Boyer Subdivision being Part of the SW4 of Section 23, Township 1 North, Range 68 West of the 6th P.M., Weld County, Colorado Location: East of and adjacent to Interstate 25 (1-25) Frontage Road and approximately 1/4 mile north of County Road 6. Size of Parcel: 2.2 +/-acres Parcel Number: 1467 23 000009 RETAIN PACKET AS ENTIRE APPLICATION IS TO BE SUBMITTED WITHIN 7 DAYS OF INTERNAL REVIEW o/ Public Works ❑ Health c Building n Planning Comments: Date: August 31, 2010 Comments Due No Later than September 912010 Questions, call, thanks Kim, x 3549 E.• LsEP20 L. 3 • L4 :4- DEPARTMENT OF PLANNING SERVICES Greeley Planning Office 1555 North 17` Avenue Greeley, Colorado 80631 WEBSITE: www.co.weld.co.us E-MAIL: kogle@co.weld.co.us PHONE (970) 353-6100, EXT. 3549 FAX(970)304-6498 COLORADO September 9, 2010 Bruce Richard 11580 Holly Street Thornton, Colorado 80233 • Subject: Completeness Review of Land Use Application Special Use Permit for a Commercial Junkyard or Salvage Yard Dear Mr. Richard: The Departments of Planning Services, Building Inspection, Environmental Health and Public Works have completed their review of the documents submitted for review post pre-application meeting held in the offices of the Department of Planning Services on June 24, 2010. This letter serves as a joint response from all County departments on the completeness of the submitted materials prior to accepting the application and the application fee. The Department of Planning Services reviewed the Questionnaire component of the submitted materials and the supplemental materials and offers the following comments. The submitted materials did not include an original signature with a current Certificate of Conveyance for the property under review. Please submit a signature in blue ink for this document. The Affidavit of Interest Owners Surface Estate requires updating. This document must be current within 30-days of application submittal. The date of the printout reviewed is August 24, 2010. Please sign the document prior to submitting. The Department of Public Works has established an Access Permit Application Form. This form is enclosed with this letter. Please complete this item and return to this office at time of formal • application. • The Department of Building Inspection will require building permits prior to construction for any remodeling, electric or plumbing to be performed in the future. The Department of Environmental Health in their referral dated September 2, 2010 has the following comment: The application materials state that the septic is sized for 2 people so it will have to be reviewed by an engineer as the application states 25 people per day may use the site. Also, an updated letter from State Engineer's Office regarding potable water for the property, as the stipulation from the State was the contract be kept current. Further, please provide verification from County Attorney regarding this potable water source since it's a GASP well. Cursory review of the waste plan appears acceptable at this point. The Department of Public Works in their referral dated September 8, 2010 states Weld County Public Works has received the submittal application for the 7-Day Completeness Review. 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, and will address the critical issues of concern including but not limited to the Site Plan, Traffic Study, Preliminary Drainage Report, Geotechnical Soils Report, and Flood Hazard Development Permit. 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 shall be looking for five critical items: • ➢ Site Plan — Submitted ➢ Traffic Study—Not Required ➢ Preliminary Drainage Report— Not Required— Water Quality Feature Submitted ➢ Geotechnical Soils Report—Not Required ➢ Flood Hazard Development Standards—Not in a FEMA floodplain This concludes our evaluation of the submitted materials. This office will proceed with the application when the issues her have been addressed. The application fee is twenty-five hundred (2500) dollars for a Site Specific Development Plan and a Special Review Permit for a commercial junkyard or salvage yard, the leasing and sales of vehicles and equipment, and vehicle service/repair in the C-3 (Commercial) Zone District. Should you have additional questions or require clarification on any of the points presented herein, please contact this office. Thank you. incerely, Kim e Planning Services Enclosure—Road Access Form ec: Planning Correspondence H.Hansen,PW • L.Light,EH T.Parko,Planning • 7-Day Completeness Review Applicant: Janet and Bruce Richard Case#: USR-1761, Pending Property Address: 2152 East 1-25 Frontage Road Request: A Site Specific Development Plan and a Special Review Permit for a commercial junkyard or salvage yard, the leasing and sales of parts, vehicles and equipment, vehicle service/repair and storage of vehicles, RVs Trucks, Trailers and Heavy Construction Equipment in the C-3 (Commercial) Zone District. Legal Description: Lot 3, Althen Boyer Subdivision being Part of the SW4 of Section 23, Township 1 North, Range 68 West of the 6th P.M., Weld County, Colorado Location: East of and adjacent to Interstate 25 (1-25) Frontage Road and approximately 1/4 mile north of County Road 6. Size of Parcel: 2.2 +/-acres Parcel Number: 1467 23 000009 RETAIN PACKET AS ENTIRE APPLICATION IS TO BE SUBMITTED WITHIN 7 DAYS OF INTERNAL REVIEW • ❑ Public Works o Health Building o Planning Comments: - n 13" h u c i 41-4- LuLtc&&J d-e,�� r oy vio 4-5 irsicillj-&-o"mr""e) t ,„, kvkix I t re y 4 re'. Date: August 31, 2010 Comments Due No Later than September 9, 2010 Questions, call, thanks Kim, x 3549 • ti • • (it t) tit DEPARTMENT OF PLANNING SERVICES Greeley Planning Office lID 1555 North 17 Avenue Greeley, Colorado 80631 C -MAIL:E:www.co.weld.co.us O E-MAIL: kogle@co.weld.co.us PHONE (970) 353-6100, EXT. 3549 FM(970)304-6498 COLORADO June 30, 2010 Bruce and Janet Richard 11580 Holly Street Northglenn, Colorado 80233 Subject: Application Materials • Dear Janet and Bruce: As indicated at our meeting on June 24, 2010, this office indicated that a photocopy of the previous land use application materials would be provided at no charge to you for use in the preparation of a Site Specific Development Plan and Special Use Permit (USR) for the facility known as B&J Auto. Staff has enclosed these documents with this letter. Also enclosed are comments prepared as to format for the USR administrative comments. Requested responses to the questionnaire previously provided for your use have been included in this document. The Department of Planning Services looks forward to working with you to bring the property into zoning compliance, and by all means, should you have questions or require clarification on any of the points presented herein, please contact this office. Thank you. mcerely, kigolbler Planning Services Enclosures ec: Planning Correspondence • • Request: A Site Specific Development Plan and a Special Review Permit for a business • (commercial junkyard or salvage yard and equipment and vehicle service/repair) in the C-3 (Commercial)Zone District. Legal Description: Lot 3 Althen-Boyer Subdivision being Part of SW4 of Section 23, Township 1 North, Range 68 West of the 6th P.M., Weld County, Colorado Location: East of and adjacent to Interstate 25 (1-25) Frontage Road and approximately 1/2 mile north of County Road 6. Size of Parcel: 2.2 +/-acres Parcel Number 1467 23 00009 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 22-2-100 E (C.Goal 5) states "Minimize the incompatibilities that occur between commercial uses and surrounding properties." Conditions have been included to ensure the site does not have an adverse impact on the surrounding properties. The surrounding properties are commercial in nature with outdoor storage. Property to the north, south and east are zoned commercial (C-3). 1-25 is to the west of the site followed by agriculturally zoned property. B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the (C-3) Business Commercial Zone District. Sections 23-3-230.B.4, 23-3-230.D.5 , of the Weld County Code provides for a commercial junkyard or salvage yard, the leasing and sales of vehicles and equipment, and vehicle service/repair in the C-3 (Commercial) Zone District. • C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing surrounding land uses. Althen Boyer subdivision is zoned C-3. The property to north consists of Cornet Investments, no Site Plan Review or Special Use permit of record and An Goldberg for Display and Office. The property to south is occupied by Fusaro, LLC for a commercial junkyard or salvage yard, the leasing and sales of vehicles and equipment, and vehicle service/repair. The 1-25 runs north-south along the western side of the property. The City and County of Broomfield surround the Althen Boyer subdivision on the east, south and north. D. Section 23-2-220,A.4 -- The uses which will be permitted will be compatible with future development of the surrounding area as permitted by the existing zoning and with the future development as projected by Chapter 22 of the Weld County Code and any other applicable code provisions or ordinances in effect, or the adopted Master Plans of affected municipalities. The site is not located within an Intergovernmental Agreement Area or other overlay districts. The site is located within the three mile referral area for the City and County of Broomfield, Adams County, Town of Erie, City of Northglenn and the City of Dacono. E. Section 23-2-220.A.5 -- The application complies with Section 23-5 of the Weld County Code. Effective January 1, 2003, Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County Road Impact Program. (Ordinance 2002-11) Effective August 1, 2005, Building permits issued on the subject site will be required to • adhere to the fee structure of the Capital Expansion Impact Fee and the Stormwater/Drainage Impact Fee. (Ordinance 2005-8 Section 5-8-40) • WELD COUNTY, COLORADO DEPARTMENT OF PLANNING SERVICES 1555 N 17TH AVENUE GREELEY,CO 80631 PHONE: 970-353-6100, EXT. 3540/FAX: 970-304-6498 Date: rt, . 4 20 to Receipt No. " 57 2 Received From: -Lf \h t, 2 L ti - v Permit Type No. Description Fee 4221-RE/SE 4221-ZPMH 4221-USR 'Ss/ _ f:.'.F7rti 4221—SITE PLAN REVIEW 4221-CHANGE OF ZONE 4221-PUD 4221-MINOR/MAJOR SUB • #OF BUILDABLE LOTS 4221-ADDITIONAL 30% FEE FOR SUB's 4221-RE-SUBDIVISIONS 4221-BOA 4221-ZPCV/ZPAS 4430-MAPS/POSTAGE 4430-COPIES 4730-INVESTIGATION FEE 6560-RECORDING FEE OCASHHCHECK NO.t 7 l., ❑CREDIT CARD TOTAL FEE ^r ( Receipted By: ,� ' _. DL# Exp. Wilk APPLICATION FLOW SHEET • COLORADO APPLICANT: Bruce and Janet Richard CASE#: USR-1761 REQUEST: A Site Specific Development Plan and a Special Review Permit for a commercial junkyard or salvage yard, the leasing and sales of vehicles and equipment, and vehicle service/repair in the C-3 (Commercial) Zone District LEGAL: Lot 3, Althen Boyer Subdivision being Part of the SW4 of Section 23, Township 1 North, Range 68 West of the 6th P.M., Weld County, Colorado LOCATION: East of and adjacent to Interstate 25(1-25)Frontage Road and approximately 1/4 mile north of County Road 6. PARCEL ID#: 1467 23 00004111/0O ACRES: +/-2.2 DATE BY Application Received 10-4-2010 Ogle Application Complete 10-4-2010 Ogle PC Hearing Date: Action: Utility Board Date: PC Sign to be Posted By: PC Sign Posted • Referrals Listed File Assembled IUI0)0 Referrals Mailed 1 Chaindexed Letter to Applicant Mailed C C Date Public Notice Published in County Newspaper Surrounding Property& Mineral Owners Notified riyr/� !4C Planning Technician Maps Prepared Field Check by DPS Staff Planning Commission Resolution Sent to Applicant Planning Commission Meeting Minutes Filed in Case Case Sent to Clerk to the Board CC Hearing: Action: CC Sign to be Posted By: • Overlay Districts Zoning Business Commercial, C-3 Airport Yes No_x_ Geologic Yes_x_ No Flood Hazard Yes No_x_ Panel#080266 0850 C Hello