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Home My WebLink About20110770.tiff INVENTORY OF ITEMS FOR CONSIDERATION • Applicant Jack and Heddy Cary Case Number USR-1768 Submitted or Prepared Prior to At Hearing Hearing 1 t/Staff Comments X 1 Department of Planning Services Field Check Form X V Letter to Applicant X ✓ Legal Notifications X 2 Application X / Maps X t;/ Deed/Easement Certificate X //$urrounding Property/Mineral Owners X X t///Utilities 3 t'/ Referral List X r/ Referrals without comment X /Weld County Zoning Compliance Officer II, referral received 12/14/10 X 4V/Referrals with comments X • /vveld County Department of Public Works, referral received 1/6/2011 X (�Weld County Department of Public Health&Environment, referral received X 1/10/2011 Weld County Department of Building Inspection, referral received 1/4/2011 X V /Division of Water Resources, referral received 12/20/2011 X 51/ Surrounding Property Owners/Mineral Owners -Letters X 6 PC Exhibits X 6A Planning Commission Sign posting affidavit \ 1 P t ,,mod P,- cyno,tas x Planning Commission Resolution X BoCC Sign Posting affidavit X 9 ✓BoCC Resolution X I hereby certify that the items identified herein were submitted to the Department of Planning Services at or prior to the scheduled Planning Commissioners hearing. Tom Parko I i Planning Manager • 2011-0770 1861 -2011 • WNY LAND USE APPLICATION SUMMARY SHEET Planner: Tom Parko Case Number: USR-1768 Hearing Dates: March 1, 2011 Applicant: Jack & Heddy Cary Site Address: 10161 State Highway 52, Fort Lupton, Colorado 80621 Request: A Site Specific Development Plan and Use by Special Review Permit for a Use Permitted as a Use by Right, Accessory Use or Use by Special Review in the Commercial or Industrial Zone Districts (Fork Lift Repair, Refurbishment and Sales Business) and one (1) Single-Family Dwelling Unit per lot other than those permitted under Section 23-3-20.A of the Weld County Code (2od dwelling unit) in the "A" Agricultural Zone District. Legal Description: Lot A of RE-4821; Located in Part of the NW 1/4 of Section 2, Township 1 North, Range 67 W of the 61h PM, Weld County Colorado Location: North of and adjacent to State Highway 52 and East of and adjacent to County Road 21. Size of Parcel: 18.44 ±Acres • Parcel Number: 1469-02-2-00-084 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 Zoning Compliance referral dated December 14, 2010 With Comments: • Weld County Department of Health and Environment referral dated January 10, 2011 • Weld County Department of Public Works referral dated January 6, 2011 • Weld County Building Department referral dated January 4, 2011 • Division of Water Resources referral dated December 20, 2010 The following agencies have not responded: • Division of Wildlife • Platte Valley Soil Conservation District • CDOT Region 4 EXHIBIT • Town of Firestone • • City of Fort Lupton • Fort Lupton RE-8 School District • Fort Lupton Fire Protection District USR- 1768, Jack & Heddy Cary, Page 1 • 1861 -2011 WEL o_ O NTY I u LAND USE APPLICATION SUMMARY SHEET Planner: Tom Parko Case Number: USR-1768 Hearing Dates: March 1, 2011 Applicant: Jack & Heddy Cary Site Address: 10161 State Highway 52. Fort Lupton, Colorado 80621. Request: A Site Specific Development Plan and Use by Special Review Permit for a Use Permitted as a Use by Right, Accessory Use or Use by Special Review in the Commercial or Industrial Zone Districts (Fork Lift Business) and one (1) Single- Family Dwelling Unit per lot other than those permitted under Section 23-3-20.A of the Weld County Code (2nd dwelling unit) in the"A"Agricultural Zone District. Legal Description: Lot A of RE-4821; Located in Part of the NW % of Section 2, Township 1 North, Range 67 W of the 6'" PM, Weld County Colorado • Location: North of and adjacent to State Highway 52 and East of and adjacent to County Road 21. Size of Parcel: 18.44 ±Acres Parcel Number: 1469-02-2-00-084 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 as follows: 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 22-2-10.B states "The intent of the agricultural Goals is to support all forms of the agricultural industry and, at the same time, to protect the rights of the private property owners to convert their agricultural lands to other appropriate land uses. The County recognizes the importance of maintaining large contiguous parcels of productive agricultural lands in nonurbanizing areas of the County to support the economies of scale required for large agricultural operations". This business helps support the agricultural industry by servicing agricultural equipment. • Section states 22-2-10.F "Land use policies should support a high-quality rural character which respects the agricultural heritage and traditional agricultural land USR- 1768, Jack & Heddy Cary, Page 2 uses of the County, as agricultural lands are converted to other uses (excluding • urban development). Rural character in the County includes those uses which provide rural lifestyles, rural-based economies and opportunities to both live and work in rural areas. The natural landscape and vegetation predominate over the built environment. Agricultural land uses and development provide the visual landscapes traditionally found in rural areas and communities". The Fork Lift business supports rural-based economies Section 22-2-20.B.A.Policy 2.2 "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". This business is a commercial use since some forklifts are refurbished and sold and the impact to surrounding property owners is minimal. Te business is conducted entirely within an enclosed workshop. Section 22-2-20.B.A. Policy 2.3 "Encourage development of agriculture and agriculturally related businesses and industries in underdeveloped areas where existing resources can support a higher level of economic activity. Agricultural businesses and industries include those related to ranching, confined animal production, farming, greenhouse industries, landscape production and agri- tainment or agri-tourism uses". This business supports the farming and ranching industries since forklifts are used primarily in these industries. B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the Agricultural (A) Zone District. Commercial and Industrial use are supported in the Agricultural zone so • long as those uses conform to the requirements under the Use by Special Review process. C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing surrounding land uses. Nelson Pipeline (USR 1375) is '/ mile east of the Cary property. To the North West about 1 Y mile is DCP Midstream's Gas Processing facility (USR 1588). Directly to the west of the DCP plant is the Spindle Hill Power Plant which was annexed to the Town of Frederick. To the north is Continental Pipeline (SUP 401), which is a permitted for oil tanks and truck facility. To the south is agricultural production and rural uses. D. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with future development of the surrounding area as permitted by the existing zoning and with the future development as projected by Chapter 22 of the Weld County Code and any other applicable code provisions or ordinances in effect, or the adopted Master Plans of affected municipalities. Weld County did not receive correspondence from the Town of Firestone or the City of Fort Lupton to determine if the proposed use complies with adopted land use or master plans. 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 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. (Ordinance 2005-8, • Section 5-8-40) USR- 1768, Jack & Heddy Cary, Page 3 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. Since this property is located in an area designated as Important Farmlands of Weld County", map dated 1979. The owner has consolidated the business and future dwelling on the property to conserve the outlying portions of the property that are still viable for agricultural production and to also provide a land buffer from adjacent properties. 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. 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 USR-1768. (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. 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 will prevent wind or animal scattered trash. (Department of Planning Services) • E. County Road 21 is designated on the Weld County Road Classification Plan as local gravel road, which requires 60 feet of right-of-way at full build out. The applicant shall verify and delineate on the plat the existing right-of-way and the documents creating the right-of-way. All setbacks shall be measured from the edge of future right-of-way. If the right-of-way cannot be verified, it shall be dedicated. This road is maintained by Weld County. (Department of Public Works) F. 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) 2. The applicant shall address the requirements (concerns) of Weld County Department of Building Inspection, as stated in the referral response dated January 4, 2011. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Building Inspection) 3. In the event the applicant intends to utilize the existing septic system at the home, for business use, the septic system shall be reviewed by a Colorado Registered Professional Engineer. The review shall consist of observation of the system and a technical review describing the system's ability to handle the proposed hydraulic load. The review shall be submitted to the Environmental Health Services Division of the Weld County Department of Public Health and Environment. In the event the system is found to be inadequately sized or constructed the system shall be brought into compliance with current Regulations. Alternately, a new septic system can be installed for office use. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Public Health and Environment) • 4. The applicant shall submit a dust abatement plan (vehicle traffic) for review and approval, to the Weld County Department of Public Health & Environment. Evidence of acceptance shall be USR- 1768, Jack & Heddy Cary, Page 4 submitted in writing to the Weld County Department of Planning Services. (Department of • Environmental Health) 5. The applicant shall address the requirements of the Department of Public Works, as stated in the referral response dated January 6, 2011. Written evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Public Works) 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. These items include equipment associated with the business. (Department of Planning Services) 7. Upon completion of 1-7 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) 8. In accordance with Weld County Code Ordinance 2006-7 approved June 1, 2006, should the plat not be recorded within the required thirty (30) 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) 9. 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 dhuerterco.weld.co.us (Department of Planning Services) 10. 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) • USR- 1768, Jack & Heddy Cary, Page 5 SITE SPECIFIC DEVELOPMENT PLAN • SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Jack and Heddy Cary USR-1768 1. A Site Specific Development Plan and Use by Special Review Permit for a Use Permitted as a Use by Right, Accessory Use or Use by Special Review in the Commercial or Industrial Zone Districts (Fork Lift Business) and one (1) Single-Family Dwelling Unit per lot other than those permitted under Section 23-3-20,A of the Weld County Code (2n° dwelling unit) 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 Use by Special Review Permit allows for one (1) additional single-family home to be located on the property as shown on the plat. 4. The number of on-site employees shall be limited to three (3). (Department of Planning Services) 5. The hours of operations shall be limited to 8:00 am — 5:00 pm Monday — Friday. (Department of Planning Services) 6. 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) . 7. 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) 8. 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) 9. The applicant shall operate in accordance with the approved "waste handling plan", at all times. (Department of Public Health and Environment) 10. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The facility shall be operated in accordance with the approved "dust abatement plan", at all times. (Department of Public Health and Environment) 11. This facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone as delineated in Section 14-9-30 of the Weld County Code. (Department of Public Health and Environment) 12. 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) 13. 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) SR- 1768, Jack & Heddy Cary, Page 6 14. Adequate drinking, hand washing and toilet facilities shall be provided for employees and patrons • of the facility, at all times. (Department of Public Health and Environment) 15. 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) 16. A permanent, adequate water supply shall be provided for drinking and sanitary purposes. (Department of Public Health and Environment) 17. 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) 18. Effective January 1, 2003, Building Permits issued on the lot will be required to adhere to the fee structure of the Weld County Road Impact Program. (Ordinance 2002-11) (Department of Planning Services) 19. 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) 20. 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) • 21. 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) 22. At the time of construction of the proposed additional buildings on site the applicant is required to obtain an access permit from the Colorado Department of Transportation. (Department of Public Works) 23. The applicant must provide a Water Quality depression to control stormwater runoff from the site. (Department of Public Works) 24. The applicant must show their water quality area on the final plat. The area should be called out as"Water Quality, No Build or Storage Area" (Department of Public Works) 25. Please add the following note to the final plat: "Weld County is not responsible for the maintenance of drainage related features." (Department of Public Works) 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. 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 Development Standards stated herein and all applicable Weld County regulations. • 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 USR- 1768, Jack & Heddy Cary, Page 7 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. 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. USR- 1768, Jack & Heddy Cary, Page 8 GOOD AFTERNOON, TOM PARKO, DEPARTMENT OF PLANNING SERVICES *HIS APPLICATION IS USR-1768 FOR A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT FOR A USE PERMITTED AS A USE BY RIGHT, ACCESSORY USE, OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS (FORK LIFT REPAIR AND REFURBISH) AND ONE (1) SINGLLE-FAMILY DWELLING UNIT PER LOT, OTHER THAN THOSE PERMITTED UNDER SECTION 23-3-20.A OF THE WELD COUNTY CODE (SECOND DWELLING UNIT) IN THE "A" (AGRICULTURE) ZONE DISTRICT. THE APPLICANT, MR. AND MRS. JACK AND HEDDY CARY ARE PRESENT TODAY TO TALK ABOUT THEIR BUSINESS AND TO ANSWER ANY QUESTIONS. THE SITE IS LOCATED NORTH OF AND ADJACENT TO STATE HIGHWAY 52 AND EAST OF AND ADJACENT TO COUNTY ROAD 21. THE PROPERTY IS APPROXIMATELY 18.44 ACRES AND IS LOT A OF RECORDED EXEMPTION NO.4821. THE APPLICATION IS TO ACCOMMODATE AN EXISTING BUSINESS AND TO ADD A 2ND DWELLING UNIT IN THE FUTURE. SHE PROPERTY HAS EXISTING VEGITATION AND SCREENING FROM SH 52 AND R 21 AND THE BUSINESS OPERATIONS ARE CONDUCTED SOLELY WITHIN THE SHOP LOCATED NORTH OF THE RESIDENCE. EXISTING ACCESS TO THE SITE IS LOCATED OFF OF STATE HIGHWAY 52 AND IS GRANDFATHERED ACCORDING TO DOCUMENTS FROM CDOT REGION 4. THE SITE IS SURROUNDED BY DRYLAND PASTURE LANDS AND IRRIGATED AGRICULTURAL COUPLED WITH RURAL RESIDENTIAL AND INDUSTRIAL USES. THERE ARE LARGE TRACTS OF LAND IN THE NEAR VICINITY. THE PROPOSED SITE IS LOCATED WITHIN THE 3-MILE REFERRAL AREA OF THE TOWN OF FREDERICK. THE TOWN OF FREDERICK DID NOT RETURN A REFERRAL RESPONSE INDICATING A CONFLICT WITH THEIR INTERESTS. IN ADDITION, THE CITY OF FORT LUPTON WAS ALSO SENT A REFERRAL AND NO REFERRAL WAS RETURNED. THE SIGN FOR TODAY'S HEARING WAS POSTED AT LEAST TEN DAYS PRIOR TO THE HEARING BY PLANNING STAFF AND IS EVIDENCED BY PHOTOGRAPH AND AFFIDAVIT. •2 REFERRAL AGENCIES HAVE REVIEWED THIS CASE AND 4 OFFERED COMMENTS, SOME WITH SPECIFIC CONDITIONS. THERE HAVE BEEN NO LETTERS OR ELECTRONIC MAIL RECEIVED AND NO TELEPHONE CALLS RECEIVED FOR THIS LAND USE PROPOSAL. THE DEPARTMENT OF PLANNING SERVICES RECOMMENDS APPROVAL OF THIS •PPLICATION WITH THE ATTACHED CONDITIONS OF APPROVAL AND DEVELOPMENT STANDARDS AS AMENDED. STAFF HAS IMAGES FOR REVIEW FOR THIS PROJECT AND WILL BE HAPPY TO ANSWER QUESTIONS. 441 otr( tx / P_ H • • Kristine Ranslem From: Kristine Ranslem ant: Tuesday, December 14, 2010 7:26 AM 'liftcon@q.com'; 'heddy53@juno.com' Illtbject: Case USR-1768 Attachments: usr1768.pdf Please see the attached letter. If you have any questions, please let us know. Thank you! Kxisti,ve i civsLevv. Planning Technician Weld County Planning Services 1555 N 17th Ave, Greeley CO 80631 970-353-6100 ext. 3519 • • 1 DEPARTMENT OF PLANNING SERVICES 1 8 6 1 2 0 1 I 1555 N 17th AVE GREELEY, CO 80631 PHONE: (970) 353-6100, Ext. 3540 FAX: (970)304-6498 WELD_-COUNTY February 11, 2011 Jack&Heddy Cary 10161 Hwy 52 PO Box 163 Ft. Lupton CO 80621 Subject: USR-1768-A Site Specific Development Plan and Use by Special Review Permit for a Use Permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone Districts (fork lift business) and one (1) Single Family Dwelling Unit per lot, other than those permitted under Section 23-3-20.A of the Weld County Code (second dwelling unit), in the A(Agricultural)Zone District on a parcel of land described as Lot A RE-4821; located in Part of the NW4 of Section 2,Ti N, R67W of the 6th P.M.,Weld County, Colorado. • Dear Applicants: I have scheduled a meeting with the Weld County Planning Commission on March 1, 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 March 23, 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/PIanningZoninq/Plan ningDepartment/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 / 147//1.// Location:1555 N 17th Ave //Q�/ �O Date:2011.02.1108:52:50-07'00' • Tom Parko Planner PLANNING COMMISSION SIGN POSTING CERTIFICATE • THE LAST DAY TO POST THE SIGN IS FEBRUARY 18, 2011. 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, TOM PARKO , 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 USR-1768 IN THE AGRICULTURAL ZONE DISTRICT. Tom Parko Name of Person Posting Sign • --- Signature of Person Posting Sign STATE OF COLORADO ) ) ss. COUNTY OF WELD S4 The foregoing instrument was subscribed and sworn to me this(-Ai-Clay of ( i(in , 2011. WITNESS my hand and official seal. 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' ! r��y . b ni�'Fi1F`,.4 a - ..t < 41 45. fl••vim":. /� J. r._ > i .t ,)r, �.', 1 '- �� {ti fi 0 t � .<• �� ' {1 = I 1 1 .wily r 4 \L , _ [- i•,t' ' . 1 ` ,j' i • Property from SH 52 • ' J 4} ir ` r + '�' . 1'\:t 1 ? I 0 1 I I I . , .4.1 - . .. ,. r If iv o On •.� >N^aY . . .. , ( r 1 1 11 , - • STMOWIMP y...-.Ult.zs a-- ..rm - -• _ 12 / 29 / 2010 • FIELD CHECK Inspection Date: February 10, 2011 S Applicant: Jack and Heddy Cary Case #: USR-1768 Request: A Site Specific Development Plan and Use by Special Review Permit for a Use Permitted as a Use by Right, Accessory Use or Use by Special Review in the Commercial or Industrial Zone Districts (Fork Lift Business) and one (1) Single-Family Dwelling Unit per lot other than those permitted under Section 23-3-20.A of the Weld County Code (2nd dwelling unit) in the "A" Agricultural Zone District Legal: Lot A of RE-4821; Located in Part of the NW '/ of Section 2, Township 1 North, Range 67 W of the 6th PM, Weld County Colorado: Location: North of and adjacent to State Highway 52 and East of and adjacent to County Road 21. Parcel ID #:1469-02-2-00-084 Acres: 18.44 Zoning Land Use N "A" Agriculture N Agrarian E "A" Agriculture E Agrarian S "A" Agriculture S Agrarian W "A" Agriculture W Agrarian Comments: The property is well maintained. Business equipment (forklifts) are located inside the shop, which is located directly north of the residence. The property has adequate landscaping materials that screen the shop. There is one neighbor residence located approximately % to the east of the property and one neighbor residence located 1/4 mile to north of the property. Mr. Cary's property abuts SH 52 and CR 21. The USR plat shows two future structures (additional single-family residence and a shop) which will be located on the north end of the property. The hearing signs were securely posted on Mr. Cary's fence located adjacent to SH 52. Signature 1 House(s) ❑ Derelict Vehicles 2 Outbuilding(s) o Non-commercial junkyard (list components) 1 Access to Property ❑ Irrigation Sprinkler ❑ Crop Productions ❑ Crops ❑ Site Distance ❑ Wetlands ❑ Mobile Home(s) o Oil & Gas Structures ❑ Other Animals On-Site ❑ Wildlife ❑ Water Bodies o Utilities On-Site (transmission lines) 1 Ditch ❑ Topography Note any commercial business/commercial vehicles that are operating from the site. S N ill i I 1 Workshop lir e n � '-3 , 4• - r la rrite , 1 , #� r i _ _ _ _ . ._ allift Well- = =_- ..-�._, -.0%._ _ . ...._ --_ ``..... c4 -,T � ------ House _ Roll Off for - - , Trash �. , 1. - • al& / / / of 1 • \\% '‘‘‘. III Workshop (Fork Lift Business) Looking South pisiiiiiii.rp 1•101 _ . . . . .. , r , ; , a. Workshop y ; i✓ Shed .�, . � J- Ir -41) \ *414 car. :11( 0 a C 4:44 1t ' 'C' + rid Ili ' .N a _,t 1. . _ 4 .4w ■a r _ - ,��r,illik mill Clati”.ally s= -.• -_ - - - a _ ell r. --. •1• . , - at+.. 1. . • a House, Shed and Workshop. Looking West • all ...% ...li ti 1;...4..il..../?I ,..si... ........ I I'- .• .. . �' - ouse �:� \ .,: is d �1 Y� , i v. \� 11 ••••• .e• s 'a$ , 'I. I I • 1 V 115'...• . may •( • ir• 1.. t .. _ _. fl till l• Nt 1' k'1+.�J ♦ .. .:• • P • 4 .4.' �� ,Y. • SS r .ate' i aIIIINIa- ( Cv 1 ter. r.'-�JlA .�. ts4. -4 T' " it mss. _rig' r • . y-,'. • y 1'r ip* - � . r - ' . 1� t� J - A House, Access & Workshop. Looking North Tom Parko om: Mary Evett t: Thursday, February 24, 2011 2:33 PM o: heddy53@juno.com Cc: Tom Parko; Todd Schroeder Subject: RE: USR-1768 Cary Heddy Cary, I informed Tom Parko that the condition regarding the well may be removed. Per the requirements of the USR, Weld County Environmental Health Services (EHS) review applications to determine compliance with applicable local, state and federal codes. Adequate sewage disposal and drinking water for commercial use is included in our review. We research historical records of existing septic systems as part of the review. When I spoke with the engineer regarding evaluating the existing septic system on your property for commercial use, was unaware that the system served a 4 bedroom home vs. a 3 bedroom. The septic permit we have on file (F- 19810007) was permitted and installed in 1981, and was designed for 3 bedrooms, not 4 bedrooms. Per the Weld County Code Chapter 30, Sewage Systems, residential septic systems are designed based on the number of bedrooms (150 gallons per bedroom). The system is inadequately sized for 4 bedrooms.The engineer's evaluation that you submitted, dated 2/4/11, is not acceptable.Therefore, EHS's condition regarding evaluating the existing septic system to determine if it is adequately sized for the proposed hydraulic load has not been met. Mary Evett vironmental Health Specialist Id County Department of Public Health and Environment 1555 N 17th Ave Greeley, CO 80631 tel: 970-304-6415, Extension 2216 I6 2UI wE.Dv:CC% JNTY u 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. From: heddy53juno.com fmailto:heddv53@juno.coml Sent:Thursday, February 24, 2011 1:02 PM To: Mary Evett; heddy53@amail.com Subject: Re: USR-1768 Cary e110 Mary, e received an e-mail from Tom Parko on the USR 1768. He staed that he had a discussion with you about our well and septic. Jack made another trip down to the Colorado Divison of Water Resources to have them specifically state on the i - permit that the well will service a 2nd dwelling. That condition should be removed from the comments, because it will be no problem. Our application to them stated a 2nd dwelling. We will get you an updated copy of the permit when we receive the updated permit. Please contact Mike Bender at 303 866 3581 if you have questions. e did not hear back from you about our permit to move a 4 bedroom home onto the property in 1982. Can you tell us how we were able to have a 4 bedroom home hooked up to the existing septic permit? If we need to upgrade the system, what would be the required code we would need to meet? Our understanding with the PE @ High Plains Engineering was that he understood you were OK with the septic evaluation? Was it the 4 bedroom home on the property that changed your viewpoint? The PE's calculations were based on current occupancy and need. We can't be held responsible for Weld County's mistake in 1982. In other words, we have been operating an inadequate septic system for 30 years? Please advise on this situation, Jaack and Heddy Cary Please note: message attached From: Mary Evett<mevett@co.weld.co.us> To: Tom Parko <tparko@co.weld.co.us> Cc: "heddy53@iuno.com" <heddy53 juno.com> Subject: USR-1768 Cary Date: Fri, 18 Feb 2011 11:18:18 -0700 • Obama Urges Homeowners to Refinance If you owe under$729k you probably qualify for Obama's Refi Program SeeRefinanceRates.com • 2 Tom Parko sorom: Williams, Joanna [Joanna.Williams@state.co.us] nt: Tuesday, February 22, 2011 6:18 AM : Tom Parko Subject: RE: USR-1768 Cary Good Morning Tom, Permit no. 74794-F does not have a limit on the number of dwellings that can be served, therefore it can be used to serve the second dwelling on the property as long as the well is operated in accordance with the terms and conditions on the well permit. Please let me know if you have any questions. Thanks Joanna Williams, P.E. Colorado Division of Water Resources 1313 Sherman Street, Room 818 Denver, CO 80203 Phone: 303-866-3581 ext:8265 Fax: 303-866-3589 Please complete our new DWR User Experience Survey on our DWR Homepage to express your opinions of our service. Your complete satisfaction is important to us! • From: Tom Parko [mailto:tparko@co.weld.co.us] Sent: Friday, February 18, 2011 11:44 AM To: Williams, Joanna Subject: FW: USR-1768 Cary Joanna: Please see email below from our health department. Can you verify that the new permit also includes the 2n° dwelling? I know that the application referenced the 2" dwelling but just wanted to make sure. Kind regards, Toni Parko, MA., CFM Planning Manager Weld County Dept. of Planning Services 1555 N 17th Avenue Greeley, CO. 80631 Office: 970-353-6100, ext 3562 Mobile: 970-302-5333 • i86 13I i Y/ Et*D..S"COU N"fY I 1 Tom Parko arm: heddy53@juno.com nt: Monday, February 07, 2011 3:23 PM o: Tom Parko Subject: Re: USR Tom Parko, We will be around after 2:30 Thursday if you want to come and take photos and post the sign. The map you sent on the email is NOT what we have here today. Since that arial photo was taken we have disposed of and sold alot of stuff. The 2 new shop buildings are for future use. One would be located just north of the big shop where the OLD milk barn was, that is no longer there. The other shop would be close to where the new dwelling would be built. It would be hard to explain what has changed over an email. It is confusing to us because you guys told us to add anything we would or might hope to have here in the future. (Think Big) was the term, so that is what we did on our plot map. Maybe we need to come up and clarify what we have and what we don't have. Let us know what we need to do, Thanks Jack and Heddy Cary Original Message From: Tom Parko <tparko(aco.weld.co.us> To: "heddy53(thiuno.com" <heddv530juno.com> Subject: USR Date: Mon, 7 Feb 2011 10:41:32 -0700 • Jack and Heddy: Good morning. I am going over the application one more time before we get ready for the March 1st PC hearing. I plan to be out on your property by the end of the week to post a sign and take some photos. Will you be around on Thursday after 2:30? Please see the attached map. I took the map you provided me and scaled in the dwelling and shops. There are a few things that I placed question marks next to and if you wouldn't mind helping me clarify these structures, etc. The aerial is from 2008 and perhaps doesn't reflect the property in 2010. Are the proposed shops for future expansion? If so, I need to clarify that and we need to make that clear on the map. If you have any questions please let me know. Regards, Tom Parko, M.A., CFM Planning Manager flippld County Planning Services Office: 970-353-6100, ext 3572 1 a Tom Parko rom: heddy53@juno.com nt: Wednesday, January 26, 2011 9:30 AM o: Kenneth Swanson; Tom Parka; Kim Ogle ubject: RE: Cary Building permit for USR1768 Hello Tom, Ken and Kim, Here is the latest info we have to be able to keep you all updated on the USR and everything associated with the USR. #1 Ken has processed the building permit information and the plans examiner has reviewed the paperwork, and is complete. #2 The Colorado Division of Water Resources in Denver has our application for the well to be re-permitted to non-exempt for specific usages. #3 Todd Schroder PE has our paperwok on our current septic system and is doing an evalutation for us to send to Mary Evett at EH. #4 We are in a waiting mode on all of the above since our USR is in a "Zone hold" Can you expain what a "Zone hold" is? We hope that it is nothing major. The USR fee has been paid in full $2500. Thanks to all. . . and let us know how we are doing. Jack and Heddy Cary Fort Lupton 303 857 4322 Original Message From: Kenneth Swanson <kswanson@co.weld.co.us> To: "heddy53@juno.com" <heddy53@juno.com> Cc: Lin Dodge <ldodge@co.weld.co.us> Ibject: RE: Cary Building permit te: Fri, 21 Jan 2011 11:03:11 -0700 Hi Jack and Heddy, The plan review for the building permit is complete. I believe it is on zone hold until the USR is complete. Thanks, Ken From: heddy53@juno.com [mailto:heddy53@juno.com] Sent: Friday, January 21, 2011 10:23 AM To: Kenneth Swanson 1b1ect: Cary Building permit 1 Good morning Ken, Just checking in with you to see if the building permit has been issued or if you still eed some information. The last time we spoke to you was on Jan 5th. Please let us know. II Thanks Jack and Heddy Cary Obama Urges Homeowners to Refinance If you owe under $729k you probably qualify for Obama's Refi Program <http://console.mxloRic.com/redir/?Knjuvd7b3VJBBd- UVNcS03Jm5aD OEuvkzaTbV7Q9hMAcwe8N8r42go5y0MrstoeTkNw62iEi0k1webku0wr2UobT43hOyucLxXHz3wyj20P W2bU4wA014M605GOEy1hsM2gwA080c2RGS1830A2Ew140sBP1xkOIyhb0BcaA18ow2hwh5Jm6w0pEI1Rj2vE2U9RbawMw UmKJ4Rr3ZhoOsygcLGBRJR1p38j3j8gde0e8y0M438Own2opvo18F06e0CP1K 9zANOoVcsCedTdA RgbfIwEhrxn8Pqd TXECOkPhOVtYQsI6zAsrpsdwIgid40BIiNEw6mV7Eiwhd42TN1BcOReRyg80Cc0J4sUYrDUvf5zZB0SyrodIIFLT78ECM KdBAN3L> SeeRefinanceRates.com <http://console.mxlogic.com/redir/?50WrPVEVovdIIFLT7e9CM0tGMFk -13PWApmVv8- xae4C0abhmm4j85vRhgcn38w6ip5koI6On21Ak4gZY2DSU3rOuZEqd1FEV2oSo30JYnxsqu2E50c18n2HpoeBc4weU0Pw 05er0A1wi5mM92QMIIW0X2om0pxm5RCu6g30obBMN4C8E3y032y0978wM2f38r8od7dg78IAa2w3CzAVY95Aoxc9lwiy cOW-a0icT61a8yw6xEK5Rieu6x8906wM6RN7it-j79zANOoVcsrKr9- mvp1RyT2LbCQrLThdEFCzBOXVEVod78USOUr1oQAg81boBzh0cJ0fgB0yg85LyHapEwtH40R1co1g8VNUTfM- b7Xa1JcSMrppjvKehhdNBwp> Obama Urges Homeowners to Refinance If you owe under $729k you probably qualify for Obama's Refi Program <http://console.mxlogic.com/redir/?2VtdVYQsIfCSmkTXzD4Po0epekk5JzcJ1RTUQUhrxnBY18i2Hab2uc8cno IMehtZCN1xAsVitSk6X6XYCej79zAN0oUTsSiZ10I- 02x5K5undETvKyrhid7bBTPhOMgehNJBM52NF80R2mNb6y0prAuxa140Rbv5mkPh0Xm9Ew2oM20hPzNKvxWmfSk3r9Jw SOOC ssvyrmHvf42XE> SeeRefinanceRates.com <http://console.mxlogic.com/redir/?1sKCY- gem7PrbarZNPypI07cDaa2SNCmGWXYgs8JMH0-0A911B5xf646bImo78K-PowMOe5FeXa3tzt-j79zANOoVcsrKr9- wwmvplRVT2LbCOrLThdEFCzBOXVEVod78US0Ur1o0Ag81boBzh0cJ0fRB0yg85LyHapEwtH40R1co1g8VNUTfM- ub7XalJwSMrppjvKehhdyBnD> S 2 Tom Parko Isom: Mary Evett nt: Friday, January 14, 2011 12:53 PM : heddy53@juno.cornJ Tom Parko Subject: RE: USR-1768 Cary Tom, Please add the following condition to my referral comments regarding a septic system for the proposed 2nd dwelling. I inadvertently left it out. A Weld County Septic Permit is required for the proposed home septic system and shall be installed according to the Weld County Individual Sewage Disposal Regulations. Please note, the lot owners shall verify with the nearest Town/City or Sanitation District to determine the location of the nearest sewer line. In accordance with the Weld County Code, if a sewer line exists within 400 feet of the property and the sewer provider is willing to serve the proposed structure, a Environment. Here are my comments in response to the email below from the applicant, Heddy Cary providing additional information in response to EHS's conditions: 1. the applicant stated that no vehicle (forklifts, etc.) washing is performed at the site, therefore, Condition #2 and Development Standard #5 may be removed from my referral comments. 2. the applicant stated that there is no floor drain in the maintenance shop, therefore, Condition #5 and #7, and Development Standard #11 may be removed. lliCondition #3 regarding evaluation requirements of the existing septic system shall remain. The condition specifically states that IF usage exceeds 6 people (per day), such as clients, additional employees, etc. then the existing system will require review by a PE. 4. the applicant submitted additional information regarding waste handling and it appears to be sufficient. Therefore, Condition #6 has been met. 5. the applicant stated that they will provide documentation from the State Division of Water Resources regarding approved uses of their well water for their business and 2nd dwelling (domestic well permit) . Condition #4 has NOT yet been met and shall remain as a Condition of Approval. 6. the applicant stated that dust will be controlled by watering and they propose to use their existing well for this purpose. See #5 above regarding pending approval from the State for proposed uses of the well water. Condition #1 regarding dust abatement plan shall remain until the water source is approved. Thanks, Mary Evett Environmental Health Services Weld County Department of Public Health & Environment 1555 North 17th Avenue Greeley, Colorado 80631 4Illfice #: 970-304-6415, Extension 2216 ax #: 970-304-6411 From: heddy53@juno.com [mailto:heddy53@juno.com] 1 Sent: Thursday, January 13, 2011 4:33 PM To: Mary Evett; heddy53@juno.com Subject: Cary USR additional requirements Sod afternoon Mary, We have some additional information that we believe you are needing to be able to make a positive referral to Weld County Planning Department. #1 Our DUST ABATEMENT plan is such: When, or if the need to control dust particles arises we will use water from our existing well to control the dust from being a problem to neighbors or ourselves. Our well is permitted to do such, because we have outside watering of 1 acre or less. We have confirmed that fact with The Colorado Division of Water Resources Mike Bender or Johanna Williams. We have spoken to them numerous times. #2 We do not wash our cars or trucks on site. We take them to the car wash. #3 Our existing septic system 1000 gallon tank/ with a leach field is used by 2 people full time and 1 person part-time, we do not have usage of more than that unless we have company from the grand kids and family members. We will not exceed 6 people. The 2nd Dwelling would be hooked up to a new septic/leach and would be applied for before building the 2nd dwelling. WE NEED TO KNOW FROM YOU IF THAT IS GOING TO BE A PROBLEM. CAN WE GET A 2nd SEPTIC ON THIS PROPERTY? #4 Written documentation will be provided for well usage for our existing well from the Division of Water Resources. We are in the process now to have our existing well permitted as Non Exempt and the usage will be domestic usage for our dwelling, a 2nd dwelling commercial usage for the forklift business and livestock and garden trees and lawns. We have been told that we will have 4 acre feet or more water for those usages. That is roughlyl.4 million gallons in a year. We could never begin to use that much water! ! Please let us get you the information from the Denver office before you start jumping to conclusions. 5# We have no floor drain in the shop. We have no water in the shop. There is No need for the derground Injection Control system. Waste oil has already be discussed. We have it hauled off for recycle. Trash is hauled off 2 times a month. The names of those places were in the plan. Tires are taken for recycle to Solideall Tires in Denver where we pay a disposal charge to them. Batteries are taken to Battery Technology Solutions LLC in Denver where we get scrap price by the pound. We do not permanently dispose of wastes or debris at our site. We may accumulate starters, alternators and such in totes and those are eventually taken for scrap if we have no need for them. We have NO problem letting any patron, customer, delivery driver or visitor to be able to use our personal restroom facility. We do not have a high level of patrons coming to our facility. Most sales are conducted on the phone or at the patrons sites or on the internet. Water is available to anyone that would ask for it. We hope this information will allow you to make a positive referral to Weld County Planning. If you need any of this information to be added to our QUESTION and ANSWER part of the USR Application Please let us know. Regards, Jack and Heddy Cary Fort Lupton Get Free Email with Video Mail & Video Chat! <http://console.mxlogic.com/redir/?1sLtdd5wsrppjvKesjdw0x5K5unNSf_UCizXJA3w82o940A60C2khs5zgT td6VK_9TLuZXTLsTsSjZ10I-02x5K5undCz65- VJ5cQsI6zBN4sUMrpjdymNb6y09z0bd46E8iDaIdfd44v5CVhZnUjErDUvf5zZB0SyrhdIIFLT78ECTKSM> 2 • a DEPARTMENT OF PLANNING SERVICES Kit 1555 N 17th AVE GREELEY, CO 80631631 PHONE: (970) 353-6100, Ext. 3540 111 FAX: (970) 304-6498 De COLORADO December 13, 2010 Jack& Heddy Cary 10161 Hwy 52 PO Box 163 Ft. Lupton CO 80621 Subject: USR-1768 - Request for a Site Specific Development Plan and Use by Special Review Permit for a Use Permitted as a Use by Right, Accessory Use or Use by Special Review in the Commercial or Industrial Zone Districts (fork lift business) and one (1) Single-Family Dwelling Unit per lot other than those permitted under Section 23-3-20.A of the Weld County Code (2nd dwelling unit) in the A (Agricultural) Zone District on a parcel of land described as Lot A RE- 4821; located in Part of the NW4 Section 2, T1N, R67W of the 6th P.M., Weld County, Colorado. IP 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 Ft. Lupton Planning Commission for their review and comments. Please call Ft. Lupton at 303-857-6694 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 Ft. Lupton 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. Resoectfullv. Digitally signed by Kristine Ranslem / ✓ N"�2! Reason: am the author of this document Location:l am N 17th h Ave Date:2010.12.13 08:38:23-07'00' Tom Parko Planner I • 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: 1- /7 20/�_ Receipt No. 1 5 8 ! Received From: lir/�ly 44 Permit Type No. / Description Fee 4221-RE/SE 4221-ZPMH 4221-35R U jail 4'i Inn Cl 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 ❑CASH IdHECK NO. /C) ❑CREDIT CARD TOTAL FEE -2500 — 1 Receipted By: /. DL# Exp. • 3 *el APPLICATION FLOW SHEET Wine COLORADO PLICANT: Jack and Heddy Cary SE#: USR-1768 REQUEST: A Site Specific Development Plan and Use by Special Review Permit for a Fork Lift Business and 2n°dwelling in the A (Agricultural)Zone District. LEGAL: Lot A of RE-4821; located in Part of the NW% of Section 2N,Ti N, R67W of the 6'"P.M.,Weld County,CO. LOCATION: North of and adjacent to SH 52 and east of and adjacent to CR 21. PARCEL ID#: 14F9 02 A 00 W4 11#k l oa J Ii ACRES: 18.44+1-acres DATE BY Application Received 12/06/10 TP Application Complete 12/09/10 TP Referrals returned Meeting with applicant . Referrals Listed 12/09/10 TP File Assembled Chaindexed D Step#1 Referrals Mailed 121 10 110 KR Step#1 Letter to Applicant Mailed PC Hearing Date:29 i/Ij Action: eItility Board Date: Alp- PC Sign to be Posted: abob/ ,Q To II I Referrals Listed Step#2 Referrals Mailed Step#2 Letter to Applicant Mailed Step#2 Surrounding Property Letters Mailed Date Public Notice Published in County Newspaper Planning Technician Maps Prepared cc�� Field Check by DPS Staff �-, I I O I i I --a Planning Commission Resolution Sent to Applicant Planning Commission Meeting Minutes Filed in Case Case Sent to Clerk to the Board CC Hearing: 3/2.2 /1, Action: CC Sign to be Posted: I Izf// 2 ho u 11 Plat and/or Resolution Recorded Recorded on Maps and filed verla Districts ning Agricultural MUD Yes_No_X_ ,A Yes_ No_X_ Airport Yes_No_X_ Geologic Yes No_X_ Flood Hazard Yes No_X_ Road Impact Area WELD Hello