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Home My WebLink About20101147 INVENTORY OF ITEMS FOR CONSIDERATION AppLizawt Jaw&es case Nuwdber VSR-1734 • Submitted or Prepared Prior to At Hearing HeariAg NI 1 Staff Comments X Department of Planning Services Field Check Form Planning Commissioner Field Check Form Letter to Applicant Affidavit of sign posting Legal Notifications 2 Application X Maps ` Deed/Easement Certificate Surrounding Property/Mineral Owners Utilities 3 Referral List X � Referrals without comment N. • Town of Keenesburg, referral dated January 14, 2010 Colorado Division of Wildlife, referral dated January 31, 2010 4 Referrals with comments X Weld County Zoning Compliance, referral dated January 12, 2010 N Weld County Department of Building Inspection, referral dated January 20, 2010 Weld County Department of Public Works, referral dated February 3, 2010 Weld County Department of Public Health and Environment, referral dated February 10, 2010 5 Sui r..unding Property Owners Letters �— C - PC Exhibits —7 Plo.,..;ng Commission-Resolution --x— herebu cert ftu that the Ltewis CdewtLfled herelw were subwutted to the t epartwtewt of Plawwiwy services at orprLor to the scheduled PLRwwwa Cowwiss owers hearLwa. e EXHIBIT • ` ICLLw.O e ❑ Plawwer s 2010-1147 t'dri USE• C, SU APPLICATION HEET COLORADO Planner: Kim Ogle Case Number: USR-1734 Hearing Date: May 4, 2010 Applicant: Jim &Tammy James Site Address: 7033 County Road 65, Keenesburg, Colorado 80643 Request: A Site Specific Development Plan and Use by Special Review Permit for a Home Business (feed distribution business) in the A (Agricultural) Zone District Legal Description: Lot A RE-2158; Part E2SE4 of Section 29, T2N, R63W of the 6th P.M., Weld County, Colorado Location: North of and adjacent to County Road 16; West of and adjacent to County Road 65 Size of Parcel: +/-4.37 acres Parcel Number: 1303-29-4-00-001 • 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: • Town of Keenesburg, referral dated January 14, 2010 • Colorado Division of Wildlife, referral dated January 31, 2010 With Comments: • Weld County Zoning Compliance, referral dated January 12, 2010 • Weld County Department of Building Inspection, referral dated January 20, 2010 • Weld County Department of Public Works, referral dated February 3, 2010 • Weld County Department of Public Health and Environment, referral dated February 10, 2010 The following agencies have not responded: • Southeast Weld Fire Protection District • Brighton Soil Conservation District • Weld County Sheriffs Office • Weld County School District RE-3J • State of Colorado, Division of Water Resources EXHIBIT • I i USR-1734 James Page 1 • � SPECIAL REVIEW PERMIT W !'7 ADMINISTRATIVE REVIEW IRk. COLORADO Planner: Kim Ogle Case Number: USR-1734 Hearing Date: May 4, 2010 Applicant: Jim &Tammy James Site Address: 7033 County Road 65, Keenesburg, Colorado 80643 Request: A Site Specific Development Plan and Use by Special Review Permit for a Home Business (feed distribution business) in the A(Agricultural) Zone District Legal Description: Lot A RE-2158; Part E2SE4 of Section 29, T2N, R63W of the 6th P.M., Weld County, Colorado Location: North of and adjacent to County Road 16; West of and adjacent to County Road 65 • Size of Parcel: +/-4.37 acres Parcel Number: 1303-29-4-00-001 THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS: 1. The submitted materials are in compliance with the application requirements of Section 23-2-260 of the Weld County Code. 2. It is the opinion of the Department of Planning Services' staff that the applicant has shown compliance with Section 23-2-220 of the Weld County Code as follows: A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other applicable code provisions or ordinance in effect. 22-2-20.A.Goal 7 County land use regulations should protect the individual property owner's right to request a land use change. 22-2-20 A.Policy 7.1. County land use regulations should support commercial and industrial uses that are directly related to, or dependent upon, agriculture, to locate within the agricultural areas, when the impact to surrounding properties is minimal, or can be mitigated, and where adequate services are currently available or reasonably obtainable. The proposed use is directly related to the agricultural industry and supports the greater agricultural community. The business is located 150 feet from County Road 16 and 100 • feet from County Road 65 on a Recorded Exemption parcel. Adjacent parcels to the North, East and West are also Recorded Exemption parcels with residences and USR-1734 James Page 2 outbuildings. The residence closest to the existing structure is South of County Road 16 • and is the original farm house on a 116 acre tract. The applicant indicates that there is no outdoor storage as the feed is stored on pallets within an existing structure. Given that all activities are conducted indoors post delivery of product, the impacts on the surrounding area have been minimized. B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the Agricultural (A) Zone Districts. Section 23-3-40.O of the Weld County Code allows for A Site Specific Development Plan and Special Review Permit for a Home Business (Feed Distribution Business) in the A (Agricultural) Zone District. Currently the property is in violation (ZCV09-00299) for the presence of a feed and seed business without an approved and recorded Use by Special Review permit (USR). If the USR is approved, the violation will be closed. If denied, the 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 custom seeding operation has been removed from the property. C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing surrounding land uses. The surrounding property to the north, south, east and west are zoned Agricultural (A) and are primarily utilized for single family homes and agricultural uses. Therefore, given the minimal impact of the proposed use, (feed distribution business), the use will be compatible with the surrounding agricultural land uses. The applicant provided a letter of support signed by six surrounding property owners indicating no opposition to the proposed use. 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 property is not located within an Intergovernmental Agreement Area but does lies within the three mile referral area of the Town of Keenesburg. The Town of Keenesburg in their referral dated January 14, 2010 stated that they have reviewed the request and find no conflicts with their interest. The surrounding area is agricultural in nature with several residences in the area. Staff believes that the Conditions of Approval and Development Standards will ensure that the use will be compatible with existing surrounding land uses. 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 but not in the Stormwater/Drainage 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 and the Stormwater/Drainage Impact Fee. (Ordinance 2005-8, Section 5-8-40) F. Section 23-2-220.A.6 -- The applicant has demonstrated a diligent effort to conserve prime agricultural land in the locational decision for the proposed use. The subject site is primarily classified as "Prime Irrigated Farmlands of National • Importance" as delineated on the Important Farmlands of Weld County map, dated 1979. USR-1734 James Page 3 This size of the USR boundary (4.37 acres) is currently developed and therefore, is not • conducive to agricultural uses. G. Section 23-2-220.A.7 — There is adequate provisions for the protection of health, safety, and welfare of the inhabitants of the neighborhood and County. The Design Standards (Section 23-2-240, Weld County Code), Operation Standards (Section 23-2-250, Weld County Code), Conditions of Approval and Development Standards can ensure that there are adequate provisions for the protection of health, safety, and welfare of the inhabitants of the neighborhood and County. This recommendation is based, in part, upon a review of the application materials submitted by the applicant, other relevant information regarding the request, and responses from referral entities. 1. The plat shall be amended to delineate the following: A. All sheets of the plat shall be labeled USR-1734. (Department of Planning Services) B. The attached Development Standards. (Department of Planning Services) C. County Road 65 is classified by the County as a local gravel road, which requires a 60 foot right-of-way at full build out. The applicant shall verify the existing right- of-way and the documents creating the right-of-way. If the right-of-way can not be verified, it shall be dedicated. The plat shall delineate the existing right-of-way and the documents which created it. (Department of Public Works) D. County Road 16 is designated on the Weld County Road Classification Plan as a • collector road, which requires 80 feet of right-of-way at full build out. There is presently 60 feet of right-of-way. An additional 10 feet shall be delineated on the plat as future County Road 16 right-of-way. All setbacks shall be measured from the edge of future right-of-way. The applicant shall verify the existing right-of- way and the documents creating the right-of-way. If the right-of-way cannot be verified, it shall be dedicated. (Department of Public Works) E. The plat shall be prepared in accordance with Section 23-2-260.D of the Weld County Code. (Department of Planning Services) F. The applicant shall delineate the trash collection areas. Section 23-3-350.H of the Weld County Code addresses the issue of trash collection areas. Areas used for storage or trash collection shall be screened from adjacent public rights-of-way and adjacent properties. These areas shall be designed and used in a manner that will prevent wind or animal scattered trash. (Department of Planning Services) 2. The applicant shall address the requirements (concerns) of Weld County Department of Building Inspection, as stated in the referral response dated January 20, 2010. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Weld County Department of Building Inspection) 3. The applicant shall either submit a copy of an agreement with the property's mineral owner/ operators stipulating that the oil and gas activities have been adequately incorporated into the design of the site or show evidence that an adequate attempt has been made to mitigate the concerns of the mineral owner/operators. Drill envelopes can be delineated on the plat in accordance with the State requirements as an attempt to mitigate concerns. The plat shall be • amended to include any possible future drilling sites. (Department of Planning Services) USR-1734 James Page 4 4. The applicant shall submit a Private Improvements Agreement according to policy. The applicant • shall submit to the Department of Planning Services itemized bids for all improvements. The agreement and form of collateral shall be reviewed by County Staff and accepted by the Board of County Commissioners prior to recording the Use by Special Review plat. Or the applicant may submit evidence that all the work has been completed and approved by County Staff(Department of Planning Services) 5. Upon completion of 1 through 4 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 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) 6. 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) 7. The Department of Planning Services respectively requests the surveyor provide a digital copy of this Use by Special Review. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles, Arclnfo Coverages and Arclnfo Export files format type is .e00. The preferred format for Images is .tif(Group 4). (Group 6 is not acceptable). This digital file may be sent to maps(&,co.weld.co.us. (Department of Planning Services) 8. 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-1734 James Page 5 SITE SPECIFIC DEVELOPMENT PLAN • SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Jim &Tammy James USR-1734 1. A Site Specific Development Plan and Special Review Permit for a Home Business (Feed Distribution Business) in the A (Agricultural) Zone District 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. 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) 4. 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) 5. 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) 6. The applicant shall operate in accordance with the approved "Waste Handling Plan", at all times. • (Department of Public Health and Environment) 7. 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) 8. This facility shall adhere to the maximum permissible noise levels allowed in the Residential Zone as delineated in Section 14-9-30 of the Weld County Code. (Department of Public Health and Environment) 9. Adequate drinking, hand washing and toilet facilities shall be provided for at all times. (Department of Public Health and Environment) 10. 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) 11. 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) 12. The operation shall comply with all applicable rules and regulations of the State and Federal agencies and the Weld County Code. (Department of Public Health and Environment) • 13. Effective January 1, 2003, Building Permits issued on the lot will be required to adhere to the fee USR-1734 James Page 6 structure of the Weld County Road Impact Program. (Ordinance 2002-11) (Department of • Planning Services) 14. 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) 15. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240, Weld County Code. 16. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250, Weld County Code. 17. 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) 18. A building permit shall be obtained prior to the change of use, or construction of any new structures. (Department of Building Inspection) 19. A plan review is required for each building 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 provided by the Weld County Building Department with each Building permits Submittal plans shall include a floor plan showing the specific uses of each area for the building. The Occupancy Classification will be determined by Chapter 3 of the 2006 International Building Code. The plans shall also include the design for fire separation and occupancy separation walls, when required by Chapter 5 and 7 of the 2006 International Building Code. Fire Protection shall conform to • Chapter 9 and exiting requirements by Chapter 10. (Department of Building Inspection) 20. 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; 2006 International Mechanical Code; 2006 International Plumbing Code; 2006 International Fuel Gas Code; and the 2008 National Electrical Code and Chapter 29 of the Weld County Code. (Department of Building Inspection) 21. All building plans shall be submitted to Southeast Weld Fire Protection District for review and approval prior to issue of Building Permits. (Department of Building Inspection) 22. Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties where such would cause a nuisance or interfere with the use on the adjacent properties in accordance with the plan. Neither the direct nor reflected light from any light source may create a traffic hazard to operators of motor vehicles on public or private streets. No colored lights may be used which may be confused with or constructed as traffic control devices. (Department of Planning Services) 23. The landscaping on site shall be maintained in accordance with the approved Landscape and Screening Plan. (Department of Planning Services) 24. Hours of operation shall be from 8:30am to 4:30pm Monday through Friday. (Department of Planning Services) 25. The site shall be limited to no employees on site, other than the property owners. (Department of Planning Services) • USR-1734 James Page 7 26. 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) 27. 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. 28. The Special Review area shall be limited to the plans shown hereon and governed by the foregoing standards and all applicable Weld County regulations. Substantial changes from the plans or Development Standards as shown or stated shall require the approval of an amendment of the Permit by the Weld County Board of County Commissioners before such changes from the plans or Development Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 29. The property owner or operator shall be responsible for complying with all of the foregoing Development Standards. Noncompliance with any of the foregoing Development Standards may be reason for revocation of the Permit by the Board of County Commissioners. 30. Prior to the Use by Special Review(USR) area being leased, transferred, or sold, the applicant shall apply in writing and receive written approval in the appropriate county land division process (recorded exemption, subdivision, planned unit development, or subdivision exemption). 31. 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 USR-1734 James Page 8 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-1734 James Page 9 • DEPARTMENT OF PLANNING SERVICES (et- 1555 N 1 8"AVE GREELEY, CO 80631 PHONE: (970) 353-6100, 3540 FAX: (970) 304-6498 COLORADO April 20, 2010 Jimmie&Tamara James 7033 CR 65 Keenesburg CO 80643 Subject: USR-1734-A Site Specific Development Plan and Use by Special Review Permit for a Home Business (feed distribution business) in the A (Agricultural) Zone District on a parcel of land described as Lot A RE-2158; Part of E2SE4 of Section 29,T2N, R63W of the 6th P.M.,Weld County,Colorado. Dear Applicants: I have scheduled a meeting with the Weld County Planning Commission on May 4, 2010, at 1:30 p.m. This meeting • will take place in the Hearing Room, Weld County Planning Department, 918 101h Street, Greeley, Colorado. A subsequent hearing will be held on May 26, 2010 at 10:00 a.m., in the Chambers of the Board of County Commissioners, Weld County Centennial Center, 915 101h 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 www.co.weld.co.us/departments/planning/Planni no/plan current If you have any questions concerning this matter, please call. Respectfully, Reasony signed or author roe aaoaem Reason.' roam:SieM , mtanooa us no r non e Dane.2010.04 20 10,27.35-0500' Kim Ogle Planner • PLANNING COMMISSION AND BOARD OF COUNTY • COMMISSIONERS' SIGN POSTING CERTIFICATE THE LAST DAY TO POST THE SIGN IS APRIL 23, 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 USE BY SPECIAL REVIEW PERMIT FOR A HOME BUSINESS (FEED DISTRIBUTION BUSINESS) IN THE A (AGRICULTURAL) ZONE DISTRICT, USR-1734 JAMES KIM OGLE Name of Person Posting Sign • 4 Signature of Person Posting Sign STATE OF COLORADO ss. COUNTY OF WELD yid iv_:11 The foregoing instrument was subscribed and sworn to me thidwa day of , 2010. WITNESS my hand and official seal. otary Public Nom: BUG Pr FOFC0...... My Commission Expires: • - - .... . • S . 44 1 X1 CO a. ( Ili I ' O 0 0) ri � � 0 M Q rU #04 00 %Id 144 a' f 'i ' L , 0 0 . . . , r� A C40a� CO O° E : . t,4-‘ 9 th-..-, t (n IC( e• I. I U C o(II) W co ; 1' , ) ' , 4 ,,,,fr. Lai, iiii0 a. 2v . . . . . 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J I ,, I N. • A _. , .. • %.• - .- . • FIELD CHECK Inspection Date: April 21, 2010 Case Number: USR-1734 Applicant: Jim & Tammy James Site Address: 7033 County Road 65, Keenesburg, Colorado 80643 Request: A Site Specific Development Plan and Use by Special Review Permit for a Home Business (feed distribution business) in the A(Agricultural)Zone District Legal Description: Lot A RE-2158; Part E2SE4 of Section 29, T2N, R63W of the 6th P.M., Weld County, Colorado Location: North of and adjacent to County Road 16; West of and adjacent to County Road 65 Size of Parcel: +/-4.37 acres Parcel Number: 1303-29-4-00-001 Zoning Land Use N A(Agricultural) N Agricultural with residence E A(Agricultural) E Agricultural with residence S A(Agricultural) S Agricultural with residences each side of intersection • W A(Agricultural) W Agricultural with residence COMMENTS: Property has existing improvements, one large metal skinned shed, a three sided loafing shed and a single family residence. Access is via a graveled drive to the residence, and a separate gravel drive that is fenced off when not utilized by delivery trucks to the property. All areas associated with driving and parking are graveled and graded. A �^ - _ CR 65 is a local gravel two lane road with borrow ditch both sides. CR 16 is a paved two lane road, no shoulder and good sight distance in all directions. Utilities are overhead for electric and underground for telephone. The property is well kept and free of visual violations. • Kim Ogle, Planner • • Kit 4 DEPARTMENT OF PLANNING SERVICES Greeley Planning Office liD 918 Tenth Street 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 February 17, 2010 Jimmie & Tamara James 7033 CR 65 Keenesburg CO 80643 • Subject: Referrals for Case number USR-1734 - Request for a Site Specific Development Plan and Use by Special Review Permit for a Home Business (feed distribution business) in the A (Agricultural) Zone District on a parcel of land described as Lot A RE-2158; Part E2SE4 of Section 29, T2N, R63W of the 6th P.M., Weld County, Colorado. Dear Jimmie & Tamara James: The Department of Planning Services is in receipt of case referrals received through February 12, 2010, and the receipted referrals are enclosed. The Division of Water Resources has not returned a referral as of this date with concerns, however, the Department of Public Health and Environment in their referral dated February 10, 2010, has identified an issue concerning the water, supplied by an individual well for domestic purposes inside three (3) single family dwellings. Their referral indicates that the State Engineers Office be contacted to verify that the existing well is appropriately permitted for the proposed use. Referencing paragraph 3, there may be an issue of an adequate sized sewage disposal system, specific to hydraulic load. All other comments in the referral are standard for similar facilities. Please review these documents and call to further discuss. These requirements are not insurmountable, but they may be a bigger issue after your discussion with the Division of Water Resources. I would request a telephone meeting to discuss the options as reflected in the referrals in the next two weeks. • All referrals being equal, I would propose to move this case forward to an April 6, 2010 Planning Commission hearing date. 0 Should you have additional questions or require clarification on any of the points presented herein, please contact this office. Thank you. Sincerely, K`ri Ob.le Planning Services Enclosures ec: T.Jiricek,Director K. Ranslem,Planning Technician File: USR 1734 • II (it DEPARTMENT OF PLANNING SERVICES 918 10TH Street IlDGREELEY, CO 80631 C. PHONE: (970)353-6100, Ext. 3540 30 FAX: (970)304-6498 COLORADO January 12, 2010 Jimmie &Tamara James 7033 CR 65 Keenesburg CO 80643 Subject: USR-1734 - Request for a Site Specific Development Plan and Use by Special Review Permit for a Home Business (feed distribution business) in the A (Agricultural) Zone District on a parcel of land described as Lot A RE-2158; Part E2SE4 of Section 29, T2N, R63W 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 Keenesburg Planning Commission for their review and comments. Please call Keenesburg at 303-732-4281 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 Keenesburg 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, Reason:I have reviewed this document Location:918 10th St,Greeley CO Date:2010.01.12 13:26:21 -07'00' Kim Ogle Planner S • FIELD CHECK CASE NUMBER: USR-1734 DATE OF INSPECTION: `— / - APPLICANTS NAME: Jimmie &Tamara James PLANNER: Kim Ogle REQUEST: A Site Specific Development Plan and Use by Special Review Permit for a Home Business (feed distribution business) in the A(Agricultural)Zone District. LEGAL DESCRIPTION: Lot A RE-2158; Part E2SE4 of Section 29, T2N, R63W of the 6th P.M.,Weld County, Colorado. LOCATION: North of and adjacent to CR 16 and west of and adjacent to CR 65.LAND USE: N U �t�,J ` v 4 v.c� V- c' ( 0J 3L. 14(.1/ Livid' I G7/?i mow✓ s arid Y_ ,?ik,. r A 6, Adt5 w I 6 LA 17 • ZONING: N A(Agricultural) E A(Agricultural) S A(Agricultural) W A(Agricultural) COMMENTS: P.¢: t3Yember • • • Kristine Ranslem rom: Kristine Ranslem nt: Tuesday, January 12, 2010 2:36 PM 'Robert Grand' Subject: USR-1734 Field Inspection Attachments: usr1734.docx We have just received a case (USR-1734) in which we ask that you review the material and send a referral to us by February 12, 2010. The following is a quick link to the case in question: http://www.co.weld.co.us/redesign/Planninq/Planning Department/index.html Attached is the field inspection sheet. If you have any problems or have any questions, please don't hesitate to contact me at the number below. Thank you! FcrbstiAke Rov&sevm.. Planning Technician Weld County Planning Services 918 10 Street, Greeley CO 80631 970-353-6100 ext. 3519 • • 1 • • Kristine Ranslem 000m: Kristine Ranslem nt: Tuesday, January 12, 2010 2:37 PM : 'haulnoats@skybeam.com' Subject: Case USR-1734 Attachments: usr1734.pdf Please see attached letter ICv%stLwe RGtvvsLevv, Planning Technician Weld County Planning Services 918 10 Street, Greeley CO 80631 970-353-6100 ext. 3519 • • i • • MEMORANDUM TO: PA09-108; Case File, pre-application Woile DATE: October 8, 2009 COLORADO FROM: Kris Ranslem, Planning Technician SUBJECT: Pre-Application Meeting prior to submitting USR for home business Attendees: Jimmie James, Applicant Tamara James, Applicant Don Carroll, Public Works Chris Gathman, Planning Kris Ranslem, Planning On Thursday, October 8, 2009 an informal discussion took place at the Greeley Administrative Offices Conference Room regarding a proposed home business. (The legal description is Lot A RE-2158; Pt E2SE4 of Section 29, T2N, R63W of the 6th P.M.; Situs Address is 7033 CR 65) • Background Information: The applicants store feed in their metal building. The feed is typically delivered to customers; however occasionally a customer may come to the site to pick up their feed. There are currently no employees associated with the home business. There is no advertising associated with the business as well. Public Works A site plan will need to be provided identifying all existing and any future buildings as well as parking area for trailer, etc. No Traffic Study is required. One access is granted per parcel. It would be acceptable if the applicants wish to widen their access. The applicants were encouraged to speak with Brian Garcia of Public Works (970-304-3496 ext. 3750) in regard to ditch cleaning. The site is not located in a floodplain. No Drainage Report is required; however the applicant shall provide a short description of the historic stormwater flows across the property and how their application will affect those flows. The description shall include but not be limited to: 1) where the water originates if it flows onto the property from an offsite source, 2) where it flows to as it leaves the property, 3) the direction • of flow across the property, and 4) if there have been previous drainage problems with the property. The application shall also provide flow arrows on the map showing where the stormwater starts, how it goes across the property, and where it leaves the property. The applicant will still be responsible for providing a water quality feature that conforms to the methodology outlined in Volume 3, Section 4.4.2 of the Urban Storm Drainage Criteria manual. s' • • • Planning Department The applicants were encouraged to speak with Lauren Light, Environmental Health, in regard to restroom facilities. It was noted that with the occasional visits by customers, the applicants may need to have their septic system evaluated for adequacy. Staff urged the applicants to visit with the Division of Water Resources regarding their well and if any re-permitting may be required. Staff informed the applicants to submit a completed application by January 12, 2010 to avoid an investigation fee and violation hearings. Staff urged the applicant to contact staff for any questions: Planner On Call available Monday through Thursday 7:30 a.m. to 4:30 p.m. Staff explained the USR process. The applicant shall submit 4 packets for a 7 day completeness review. After the 7 day completeness review the applicant will be informed of what items are still required to make the application complete. Staff requested that the applicant submit the remaining material in electronic form. Upon submittal of a completed application it will be sent out for referral for 28 days. The applicant will then meet with their Planner to discuss the referrals and address as many of the referrals as possible. At that meeting the Planning Commission hearing will be scheduled. The Board of County Commissioners hearing typically follows approximately 3 weeks after the Planning Commission hearing. End memorandum. • • • Print Form Submit by Email WELD COUNTY 41111 PRE-APPLICATION REVIEW REQUEST I • The pre-application request is the preliminary review of a land use proposal. Pre-application reviews are required prior to beginning the application process; however, this review is not an application. • Pre-application reviews are held with the Weld County Departments of Public Works and the Public Health and and Environment Pre-Application reviews are held Thursday and Friday of any given week in the Greeley office. To be on the pre-submittal agenda, the request and required checklist items must be received one week prior to the review date,and shall include at a minimum, a description of the property including surrounding lands and land uses,property owners name and contact information, a brief narrative and a map delineating the property location, in addition to the other items listed. • The Property Information required below can be found on the Weld County Assessor website at www.co.welct co.us Please print a copy of the Assessor's page and submit it with your pre-application review request. • Mail, fax or drop off the request and required checklist items to the address listed below, a minimum of one week prior to your preferred meeting date. • Submitting your request in a timely manner is important to get your project scheduled for review. Contact Information: Name: Jimmie and Tammy James Phone: 303-732-4404 or 303-732-6051 Fax: 303-732-5904 Email: haulnoats@skybeam.com Address: 7033 CR 65 Keenesburg,CO 80643 • Project Description: We have a wholesale Feed distribution business Property Information: Section-Township- 02-63-29-4 Zoning Agricultural Range Parcel Number 130329400001 Acreage 4.37 Site Address 7033 CR 65 Keenesburg,CO 80643 Water Source Well Legal Description PT E2SE4 29-2-63 LOT A REC EXEMPT RE-4 sewer Septic Owner Name Jimmie W James and Tamara W James y Is this property currently in violation? Yes X No Case Number— -Z- L V L� l - i } / v% Preferred date and time for meeting: 10-8, 10-29 or 10-30,9:30-1:00 t^ Office Use Only Project Title: Description: Review Date: Meeting Date/Time: Weld County Department of Planning Services Greeley Office- Longmont Office- • 918 10m Street, Greeley CO 80631 4209 County Road 24.5, Longmont CO 80504 Phone: 970-353-6100 x3540 Phone: 720-652-4210 x8730 Fax: 970-304-6498 Fax: 720-652-4211 WELD COUNTY PLEASE PROVIDE THE FOLLOWING ITEMS: • To view the Weld County Code, please go to www Co ,meld co us, FOR (SPR) SITE PLAN REVIEWS: ❑ Brief project narrative explaining request ❑ Conceptual site plan showing all structures, parking,nearby roads, and driveway access ❑ Existing contours and proposed grades ❑ Conceptual drainage ❑ Conceptual building elevations ❑ Conceptual landscape plan FOR (USR) USE BY SPECIAL REVIEWS: Brief project narrative explaining request L Conceptual site plan showing all structures,parking,nearby roads,and driveway access ❑ Existing contours and proposed grades ❑ Conceptual drainage ❑ Conceptual landscape plan FOR(PUD) PLANNED UNIT DEVELOPMENT/CHANGE OF ZONE (COZ): ❑ Brief project narrative explaining request ❑ Exhibit showing desired changes to be made ❑ Location map showing property, surrounding area and adjacent uses • ❑ Conceptual zoning map showing current and proposed zoning ❑ Conceptual site plan showing all structures,parking, nearby roads,and driveway access ❑ Existing contours and proposed grades O Conceptual drainage ❑ Conceptual landscape plan Weld County Department of Planning Services Greeley Office Longmont Office- • 918 10m Street, Greeley CO 80631 4209 County Road 24.5, Longmont CO 80504 Phone: 970-353-6100 x3540 Phone: 720-652-4210 x8730 Fax: 970-304-6498 Fax: 720-652-4211 • • • We are Jimmie W James and Tamara E James and we own Haul N Oats, LLC. Our phone#is 303-732-4404 or 303-732-6059. Our address is 7033 CR 65 Keenesburg,CO 80643. We run a Feed Wholesale Distribution business from our home. Most of our customers are deliveries but we do have the occasional customer who will pick up from the house. This usually takes 10 min. or less to load them up and they are on their way. We make deliveries 2-3 times per week. We receive pallets of feed on a semi truck 1-2 times per month. We store pallets of feed in our metal building and it is all insured. We live on Rd 65 3 miles east of Keenesburg which is a dirt road, our driveway is maybe 500 ft off the main paved road, Rd 16. The land around us is all used for agricultural. The roads adjacent to us have very low traffic,mostly farm machinery and local traffic. i\crcC. • • \,,J CR. I � � WELD COUNTY PLANNING DEPARTMENT Bethany Salzman • Zoning Compliance Officer II 918 10th St Greeley, CO 80631 Phone: 970-353-6100 X 3555 FAX: 4-6498 E-Mai l:bsalzman@co.weld.co.us Obsalzman@cooeld.o.us COLORADO October 05, 2009 JAMES JIMMIE W&TAMARA E 7033 CR 65 KEENESBURG, CO 80643 Case: ZCV09-00296 Legal Description: PT E2SE4 29-2-63 LOT A REC EXEMPT RE-2158 EXC UPRR RES (.62R) SITUS: 7033 65 CR WELD Dear: JAMES JIMMIE W &TAMARA E : The uses on the above described property are being considered as a zoning code violation of Sections of the Weld County Code. Currently your property is in violation of the following Section(s) of the Weld County Code: Chapter 23, Article III(3), Division 1 A(Agricultural)Zone District • 23-3-20 Uses allowed by right. 23-3-30 Accessory uses. 23-3-40 Uses by special review 23-3-40.B Agricultural Service establishments primarily engaged in performing agricultural, animal husbandry or horticultural services on a fee or contract basis, including: 23-3-40.B.6 Grain and feed sales. 23-3-40.6.9 Seed production, processing, storage, mixing, blending and sales. 23-3-40.V USES similar to the USES listed above as Uses by Special Review as long as the USE complies with the general intent of the A(Agricultural) Zone District. To bring your property into compliance with the Weld County Code: As we discussed over the phone the operation of a feed and/or seed company from a property requires a Use by Special Review(USR) permit. The first step in this process is a Pre-Application Request meeting. This step is completely free to the application, but does require submittal of a short application. I believe you are close to having this completed and submitted to our office or please see the following web address: http://www.co.weld.co.us/departments/planning/Plan ning/Procedural_Gu ides6-15-08/PreAp plication%20Request%20(2).pdf This web address will take you to the Pre-Application Review Request link; otherwise go to: www.co.weld.co.us On the left hand side go down to Planning &Zoning (click on this link) Then click on the Planning Department link in the center of the page Then click on the Pre-Application Request link (the 3rd one down). • Page 1 of 2 4 WELD COUNTY PLANNING DEPARTMENT Bethany Salzman z • Zoning Compliance Officer II 918 10th St Greeley, CO 80631 Phone: 970-353-6100 X 3555 70-304-6498 E-Mail:bsalzman@co.weld.co.us d.co.us COLORADO It is the intention of this office to assist and cooperate with you without imposing undue hardships; however, we have no discretion in this matter if you fail to correct this violation. You have until 11/09/2009, to correct this zoning violation. Failure to do so will result in this office scheduling the violation before the Board of County Commissioners to consider whether to refer the violation to the County Attorney's Office for legal action. Any information you have that may help to resolve this matter will be useful. Should you have any questions regarding this letter, or if you need any further information, please feel free to contact me at the above address, telephone number or e-mail address. If you wish to see me personally, please call to schedule an appointment so that I may reserve a sufficient amount of time with you. Sincerely, Bethany Salzman Zoning Compliance Officer II • pc: ZCV09-00296 • Page 2 of 2 WELD COUNTY PLANNING DEPARTMENT Bethany Salzman • Zoning Compliance Officer II 918 10th St Greeley, CO 80631 Phone: 970-353-6100 X 3555 FAX: 4-6498 E-Mail: a0lzman@co.weld.co.us COLORADO October 01, 2009 JAMES JIMMIE W&TAMARA E 7033 CR 65 KEENESBURG, CO 80643 Case: ZCV09-00296 Legal Description: PT E2SE4 29-2-63 LOT A REC EXEMPT RE-2158 EXC UPRR RES (.62R) SITUS: 7033 65 CR WELD Dear JAMES JIMMIE W &TAMARA E: It has come to the attention of the Department of Planning Services staff that the uses on your property may not be in compliance with the Weld County Code, Chapter 23. The potential noncompliance(s)with the Weld County Code are as follow: • The operation of a feed and/or seed company from a property requires a Use by Special Review(USR) permit. The first step in this process is a Pre-Application Request meeting. This step is completely free to the application, but does require submittal of a short application. Please see the enclosed application or see the following web address: http://www.co.weld.co.us/departments/planning/Planning/Proced ural_Guides6-15-08/PreAp plication%20Req uest%20(2).pdf This web address will take you to the Pre-Application Review Request link; otherwise go to: www.co.weld.co.us On the left hand side go down to Planning &Zoning (click on this link) Then click on the Planning Department link in the center of the page Then click on the Pre-Application Request link (the 3rd one down). Please contact me within five working days of the date of this letter to review these concerns with me. Feel free to contact me at the above address, telephone number or e-mail address. If you wish to see me personally, please call to schedule an appointment so that I may reserve a sufficient amount of time with you. Sincerely, Bethany Salzm n Zoning Compliance Officer II pc: ZCV09-00296 • Page 1 of 1 Ill II WI am a neighbor of Jimmie and Tammy James at 7033 CR 65 and I am aware they own and operate a feed distribution business from their home. We are not bothered with this nor have any issues with them or their business. Name(printed) Address Signature Date (,g /6' i eiuIt Atari Y ,c,0 be „I,'I,J r�11; ,��-C &pmD Shaft-S/41z .3,205-6 /ate / AVA1 KiicA L.(,,(_, 3-,—t,y; / c.?�k � . n (AA ci 14< /oc-3 viV in? A I Yi(akexiueshu rg, i i�� . ..�-� c��.� ✓� ��9 //- wiog31b;f o sr 7/ 79 CA 6S- ��l v _p./' /J44, (AlkisLjrN!i. 6SLsLa /(ECA//L 5DLk&,. ca goe 3 C 47��/Y 1 G4�?�s,-,2 /12/d`l 'i'Ic i lie-/I 7e y8 tact IL 65` / lc 2. -ol keenesilaryjC" dc64'3 • Hello