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Home My WebLink About20101306.tiff INVENTORY OF ITEMS FOR CONSIDERATION gillApplicant Brian and Susan Williams Case Number USR-1725 Submitted or Prepared Prior to At Hearing Hearing 1 Staff Comments X N Department of Planning Services Field Check Form X N. Planning Commissioner Field Check Form N. Letter to Applicant X y Affadavit of sign posting X N. Legal Notifications X \ 2 Application X N. Maps X N. Deed/Easement Certificate X N. Surrounding Property/Mineral Owners X N. Utilities X 3 Referral List X Referrals without comment N, Colorado Division of Wildlife, referral dated 12/10/09 and 3/22/10 X X Weld County School District RE5-J, referral dated 12/8/09 N' A Town of Berthoud, referral dated 12/15/09 and 3/12/10 N., 4 Referrals with comments X Weld County Department of Public Health and Environment, referral dated 2/5/10 A .N, Weld County Department of Public Works, referral dated 12/30/09 and 4/12/10 A N., Town of Johnstown, referral dated 12/22/09 X - ureeieyrvvest t,reeiey sou uonservauon uistnct, ieierrai aaiea izt rulus X N. Weld County Zoning Compliance, referral dated 12/8/09 and 3/15/10 X N. Weld County Department of Building Inspection, referral dated 12/10/09 and X 3/23/10 NJ fJ IA A lb N. X C- PC Exhibitc A/ /A Fri 2010-1306 WIR-3`ts5 7 I Planning Commission Resolution X lb I hereby certify that the USR-1725 items identified herein were submitted to the Department of Planning Services at or prior to the sched d la i Co m sio ers hearing. Michelle Martin :• Planner a • Wl`D 0 SD USE APPLICATION UMMARY SHEET COLORADO Planner: Michelle Martin Case Number: USR-1725 Hearing Date: June 1, 2010 continued from May 4, 2010 Applicant: Brian and Susan Williams Site Address: 211 Gadwall Lane, Johnstown CO 80534 Request: A Site Specific Development Plan and a Special Review Permit for a business permitted as a use by right or accessory use in the Commercial Zone District (Landscaping Business) in the A (Agricultural) Zone District. Legal Description: Lot A of RE-1168 being part of the NW4 SW4 of Section 21, T4N, R67W of the 6th P.M., Weld County, CO Location: East of and adjacent to CR 17 and approximately % mile north of CR 42 Size of Parcel: +/-4.75 Acres Parcel Number: 1059 21 000027 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: • Colorado Division of Wildlife, referral dated 12/10/09 and 3/22/10 • Weld County School District RE5-J, referral dated 12/8/09 • Town of Berthoud, referral dated 12/15/09 and 3/12/10 With Comments: • Weld County Department of Public Health and Environment, referral dated 2/5/10 • Weld County Department of Public Works, referral dated 12/30/09 and 4/12/10 • Weld County Department of Building Inspection, referral dated 12/10/09 and 3/23/10 • Weld County Zoning Compliance, referral dated 12/8/09 and 3/15/10 • Greeley/West Greeley Soil Conservation District, referral dated 12/10/09 • Town of Johnstown, referral dated 12/22/09 • The following agencies have not responded: • Weld County Sheriff's Office • Town of Milliken EXHIBIT • Little Thompson Water District Johnstown Fire Protection District • Weld County Department of Planning Services, Landscape referral USR-1725 Williams Page 1 SPECIAL REVIEW PERMIT 4A0":441ADMINISTRATIVE REVIEW COLORADO Planner: Michelle Martin Case Number: USR-1725 Hearing Date: June 1, 2010 continued from May 4, 2010 Applicant: Brian and Susan Williams Site Address: 211 Gadwall Lane, Johnstown CO 80534 Request: A Site Specific Development Plan and a Special Review Permit for a business permitted as a use by right or accessory use in the Commercial Zone District (Landscaping Business) in the A (Agricultural) Zone District. Legal Description: Lot A of RE-1168 being part of the NW4 SW4 of Section 21, T4N, R67W of the 6th P.M., Weld County, CO Location: East of and adjacent to CR 17 and approximately 1/4 mile north of CR 42 illsSize of Parcel: +/-4.75 Acres Parcel Number: 1059 21 000027 THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS: 1. The submitted materials are in compliance with the application requirements of Section 23-2-260 of the Weld County Code. 2. It is the opinion of the Department of Planning Services' staff that the applicant has shown compliance with Section 23-2-220 of the Weld County Code as follows: A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other applicable code provisions or ordinance in effect. Section 22-2-150D.A Goal 4 states: "Conversion of agricultural land to nonurban residential, commercial and industrial uses will be accommodated when the subject site is in an area that can support such development. Such development shall attempt to be compatible with the region." Development Standards and Conditions of Approval will ensure that the proposed use will be compatible with the area. The surrounding property is primarily residential in nature. Section 23-2-240.A.10 of the Weld County Codes states "...that buffering or screening of the proposed use from adjacent properties may be required in order to make the determination that the proposed use is compatible with the surrounding uses." The applicant is proposing to landscape the perimeter of the site with III evergreen trees. B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the Agricultural (A) Zone District. Section 23-3-40.R of the Weld County Code allows for A Site Specific USR-1725 Williams Page 2 Development Plan and a Special Review Permit for a business permitted as a use by right or accessory use in the Commercial Zone District (Landscaping Business) in the A (Agricultural) Zone District. Currently the property is in violation (ZCV09-00041) for the operation of a landscaping 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 case shall be referred to the County Attorney's office but delay legal action for 30 days in order to give the applicant time to ensure that the business is 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, east and west have been annexed by the Town of Johnstown. The property is located within the three mile referral area for the Towns of Johnstown, Berthoud, and Milliken. The Town of Johnstown in their referral dated 12/22/09 stated, "The landscaping business has been in place for some time (presumable with county approval) and we have not heard of complaints or conflicts. However, the use adjoins undeveloped property that is designated in our Comprehensive Plan as Residential and is zoned PUD-R and platted (Willow Creek preliminary) for single family detached residential. This type of use is considered commercial/light industrial and is not compatible with residential. We strongly suggest that the Special Review Use be subject to periodic review and that the USR expire within one year of approval by Johnstown of a residential subdivision final plat on the adjoining property." The Town of Berthoud in there referral dated 3/12/10 and 12/15/09 had no comments. The Weld County Department of Planning Services has not received a referral from the Town of Milliken. Development standard #3 states that the Special Use Permit shall not be transferable to any successors in interest to the prescribed property and shall terminate automatically upon conveyance or lease of the property to others for operation of the facility. 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 lay within the three mile referral area for the Towns of Johnstown, Berthoud, and Milliken. The surrounding area to the west and south is currently residential and the surrounding property to the north and east is proposed residential (Willow Creek Subdivision). 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, Capital Expansion Impact Fee, and 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. (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. USR-1725 Williams Page 3 The subject site is classified as "Prime Irrigated Farmlands of National Importance" as delineated on the Important Farmlands of Weld County map, dated 1979. This size of the parcel (4.75 acres) and is currently developed as a residential property therefore it is not conducive to farming. 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-1725. (Department of Planning Services) B. The existing notes on the plat shall be removed and replaced with 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. 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) E. County Road 17 is a major arterial road which requires 140 feet of right-of-way at full build out. There is presently 60 feet of right-of-way. An additional 40 feet shall be delineated on the plat as future County Road 17 right-of-way. All setbacks shall be measured from the edge of future right-of-way. The applicant shall verify and delineate on the plat the existing right-of-way and the documents creating the right-of-way. This road is maintained by the Town of Johnstown. (Department of Public Works) F. All outdoor storage of material, vehicles and equipment shall be screened from adjacent to properties and public rights of way. (Department of Planning Services) G. The vicinity map shall adhere to Section 23-2-260.D.4 of the Weld County Code. (Department of Planning Services) H. The applicant shall include on the plat the USR plat certificates. (Department of Planning Services) A detail of the sign shall be added to the plat. The size of the sign shall adhere to Appendix 23-D of the Weld County Code. (Department of Planning Services) J. The Department of Planning Services has determined from the application materials that fifteen (15) parking spaces and one (1) ADA parking space will be USR-1725 Williams Page 4 required on site. Each parking space should be equipped with wheel guards where needed to prevent vehicles from extending beyond the boundaries of the space and from coming into contact with other vehicles, walls, fences, sidewalks, or plantings. (Department of Planning Services) K. The off street parking spaces including the access drive shall be surfaced with gravel, asphalt, or the equivalent and shall be graded to prevent drainage problems. (Department of Public Works) 2. The applicant shall submit a dust abatement plan for review and approval, to the Environmental Health Services, Weld County Department of Public Health & Environment. Evidence of approval shall be submitted to the Weld County Department of Planning Services. (Department of Public Health and Environment) 3. The applicant shall submit a waste handling plan, for approval, to the Environmental Health Services Division of the Weld County Department of Public Health & Environment. Evidence of approval shall be submitted to the Weld County Department of Planning Services. The plan shall include at a minimum, the following: 1) A list of wastes which are expected to be generated on site (this should include expected volumes and types of waste generated). 2) A list of the type and volume of chemicals expected to be stored on site. 3) The waste handler and facility where the waste will be disposed (including the facility name, address, and phone number). (Department of Public Health and Environment) 4. As the applicant intends to utilize the existing septic system, for employee 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 systems ability to handle the proposed hydraulic load. The review shall be submitted to the Environmental Health Services Division of the Weld County Department of Public Health and Environment. In the event the system is found to be inadequately sized or constructed the system shall be brought into compliance with current Regulations. Evidence of approval shall be submitted to the Weld County Department of Planning Services. (Department of Public Health and Environment) 5. In the event washing of vehicles or equipment will occur on site the applicant shall ensure that any vehicle or equipment washing areas shall capture all effluent and prevent discharges from washing in accordance with the Rules and Regulations of the Water Quality Control Commission, and the Environmental Protection Agency. Washing areas should be designated on the plat. Evidence of approval shall be submitted to the Weld County Department of Planning Services. (Department of Public Health and Environment) 6. The applicant shall address the requirements (concerns) of Weld County Department of Building Inspection, as stated in the referral response dated 3/23/10 and 12/10/09. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Weld County Department of Building Inspection) 7. The applicant shall enter into a Private Improvements Agreement according to policy regarding collateral for improvements and post adequate collateral for all transportation (access drive, parking areas, et cetera) and non-transportation (fencing, screening, drainage et cetera). The agreement and form of collateral shall be reviewed by County Staff and accepted by the Board of County Commissioners prior to recording the USR plat. The applicant may submit evidence that all the work has been completed and reviewed by the Department of Planning Services and the 4111 Department of Public Work. (Department of Planning Services) 8. The applicant shall provide to the Weld County Department of Planning Services written evidence USR-1725 Williams Page 5 from an approved water source (Little Thompson Water District or water shares ..) how the landscaping for the screening will be irrigated. (Department of Planning Services) 9. Upon completion of 1 through 8 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 thirty (30) days from the date of the Board of County Commissioners resolution. The applicant shall be responsible for paying the recording fee. (Department of Planning Services) 10. 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) 11. The Department of Planning Services respectively requests the surveyor provide a digital copy of this Use by Special Review. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles, Arclnfo Coverages and Arclnfo Export files format type is .e00. The preferred format for Images is .tif(Group 4). (Group 6 is not acceptable). This digital file may be sent to maps(a)co.weld.co.us. (Department of Planning Services) 12. 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-1725 Williams Page 6 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Brian and Susan Williams USR-1725 1. A Site Specific Development Plan and a Special Review Permit for a business permitted as a use by right or accessory use in the Commercial Zone District (Landscaping 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. The Special Use Permit shall not be transferable to any successors in interest to the prescribed property and shall terminate automatically upon conveyance or lease of the property to others for operation of the facility. (Department of Planning Services) 4. The hours of operation are 7:00am to 5:00pm Monday through Friday with the exception of the snow removal business which can operate on an as needed basis. (Department of Planning Services) 5. The site shall be limited to no more than fifteen (15) employees on site. (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". (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. Adequate drinking, handwashing and toilet facilities shall be provided for employees and patrons of the facility, at all times. (Department of Public Health and Environment) 13. 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) USR-1725 Williams Page 7 14. The facility shall utilize the existing public water supply. (Little Thompson Water District) (Department of Public Health and Environment) 15. All pesticides, fertilizer, and other potentially hazardous chemicals must be stored and 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). (Department of Public Health and Environment) 16. 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) 17. The applicant shall comply with all provisions of the State Underground and Above Ground Storage Tank Regulations. (Department of Public Health and Environment) 18. 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) 19. 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) 20. 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) 21. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240, Weld County Code. 22. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250, Weld County Code. 23. 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) 24. The Screening on site shall be maintained in accordance with the approved Screening Plan. (Department of Planning Services) 25. 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) 26. 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. 27. Buildings shall conform to the requirements of the various codes adopted at the time of permit application. (Department of Building Inspection) 28. All building plans shall be submitted to Johnson Fire Protection District for review and approval prior to issue of Building Permits. (Department of Building Inspection) 4111 USR-1725 Williams Page 8 29. 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) 30. Weld County is not responsible for the maintenance of drainage related features. (Department of Public Works) 31. 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. 32. 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. 33. 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 USR-1725 Williams Page 9 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-1725 Williams Page 10 DEPARTMENT OF PLANNING SERVICES d 918 10TH Street GREELEY, CO 80631 PHONE: (970) 35370) Ext. 3540 FAX: (9(970) 3044-6498 COLORADO February 24, 2010 Brian&Susan Williams 211 Gadwall Ln Johnstown CO 80534 Subject: USR-1725-A Site Specific Development Plan and Use by Special Review Permit for a Use Permitted as a Use by Right or Accessory Use in the Commercial Zone District (landscaping business) in the A (Agricultural) Zone District on a parcel of land described as Lot A RE-1168 being part of the NW4 SW4 of Section 21, T4N, R67W 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 10'" Street, Greeley, Colorado. A subsequent hearing will be held on May 19, 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.welri c0 usideDartmentslplannlnctiPlanninuiplan current If you have any questions concerning this matter, please call. Respectfully, Michelle Martin Planner S DEPARTMENT OF PLANNING SERVICES 918 10T"Street GREELEY, CO 80631 PHONE: (970)353-6100100, 3540 FAX: (970)304-6498 COLORADO February 24, 2010 Brian&Susan Williams 211 Gadwall Ln Johnstown CO 80534 Subject: USR-1725- A Site Specific Development Plan and Use by Special Review Permit for a Use Permitted as a Use by Right or Accessory Use in the Commercial Zone District (landscaping business) in the A(Agricultural)Zone District on a parcel of land described as Lot A RE-1168 being part of the NW4 SW4 of Section 21, T4N, R67W of the 6th P.M.,Weld County, Colorado. Dear Applicants: I have scheduled a meeting with the Weld County Planning Commission on April 6, 2010, at 1:30 p.m. This meeting SID will take place in the Hearing Room, Weld County Planning Department, 918 101h Street, Greeley, Colorado. A subsequent hearing will be held on April 28, 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.weldco.usfdepaitmentslplanninq/Planninglplan current If you have any questions concerning this matter, please call. Respectfully, Dva signed by Ramie°, Locat,on 9,8 loth st„, Oe,v.201002 24091 001 00700' Michelle Martin Planner • lb PLANNING COMMISSIONERS' SIGN POSTING CERTIFICATE THE LAST DAY TO POST THE SIGN IS 4/21/2010 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, Michelle Martin, HEREBY CERTIFY UNDER PENALTIES OF PERJURY THAT THE SIGN WAS POSTED ON THE PROPERTY AT LEAST 10 DAYS BEFORE THE PLANNING COMMISSIONERS HEARING FOR USR-1725 IN THE A (AGRICULTURAL) ZONE DISTRICT. Michelle Martin t___ Name of Pers n Po tin n 77 IlliSignature of Person Posting Sign STATE OF COLORADO ) ) ss. COUNTY OF WELD ) The foregoing instrument was subscribe mpg th l day of / I , 2010. WITNESS my hand and official seal. A.\F;: "•• ••' '•••.Fs 44TAip� ••_ PUBOC p-,, otary Public 14%6 CdLp�G II /� '' ll My Commission Expires: (-l/�Gppk"7 a 77141F1' tY . '7'244;17#:1;i rxtit$k'r.1�+b + »1,-x"+'t ". n-,.— 4. ,4.`4 pmt. * '-^•'-k #ai. , s ! Y :au [ FtMn.]y,5!r h ^kjry,iYyip t Y},LA K r v O "'a" fS `fl y� N�x “7.171: � t j f It at a r �0.y i 9#1�, ,.» i i «° 4{+si r m 'x ,i`.�';II; " f.3 "' b sr: gt7u{�r JL a t • ',La }y • *..:••3.,,,.10e-, it . %'F.��iv�4=�` " •- S � ''dt4 x,�' 9i »,..v.f i1,iv,•is f y* T"+'atfr\ii'.A}' iet •s• n, n ;• -0 A Public '' "' THIS Hearing Concerning • '" PROPERTY WiH be Held ate its � x , so,,,,,,, x Greeley Planning HO s n ,} gi 918 Office a"VA.!!t, ear��.y;'.'r 'cif 1,` " ° 'r. ' ...a Tenth ,tea Street Greeley CO L{-1 a �Y?+ ....s„,,44, y�� t wt y�p°'rxl 1 r On Q P, , 7 ....� 2010_5 at: 1:30 P {Y , k Applicant: r.on and 1 !^ll, f: K... 4 ';X£'9M t t '— n •. . "� 'u. * a$ ✓ A.- .a.t Request: 2 -S /; �. � 4 y a ��iAt Jt�BPhpSr?r �� • tY ` 1 ,` ona DIS /,�t4 t ft' E st xt '" c, " Case Number; S .�ini,i3 ,tom" y :" i r :44 /7? Acres: r a Y FOR FURTHER INFORMATION :- :., ' RMATION .. 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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, Michelle Martin, HEREBY CERTIFY UNDER PENALTIES OF PERJURY THAT THE SIGN WAS POSTED ON THE PROPERTY AT LEAST 10 DAYS BEFORE THE PLANNING COMMISSIONERS HEARING FOR USR-1725 IN THE A (AGRICULTURAL) ZONE DISTRICT. Michelle Martin Name of Person Posting Sign YP41 Signature of Person Posting Sign STATE OF COLORADO ) ss. COUNTY OF WELD The foregoing instrument was subscribed and sworn to me this jay of (Th 1� , 2010. WITNESS my hand and official seal. J l otaryy pD My Commission Expires: 10-k -t • 0 tie it. . .: 5 h• \', ' )' T /# :{• 21 C v a . la cQ O 1) MD 0 01 Q 4 • Is L. I o ›; co \ 0 a.) 1 MIN E. \blear W NT a ti •t..,fr C la L. 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A :c . # Is t • Iii : n ' : 4 . k it re 1 I Z d ; , ` � • ti 1 i . R 1 • • ¶ r 1 f • FIELD CHECK inspection date: 3/20/2010 Case Number: USR-1725 Applicant: Brian and Susan Williams Site Address: 211 Gadwall Lane, Johnstown CO 80534 Request: A Site Specific Development Plan and a Special Review Permit for a business permitted as a use by right or accessory use in the Commercial Zone District (Landscaping Business) in the A(Agricultural) Zone District. Legal Description: Lot A of RE-1168 being part of the NW4 SW4 of Section 21, T4N, R67W of the 6th P.M., Weld County, CO Location: East of and adjacent to CR 17 and approximately ' mile north of CR 42 Size of Parcel: +/-4.75 Acres Parcel Number: 1059 21 000027 Zoning Land Use N Town of Johnstown N Agricultural — proposed Willow Creek . Subdivision E Town of Johnstown E Agricultural — proposed Willow Creek Subdivision S A (Agricultural) S Residential W Town of Johnstown W Residential — Subdivision Stroh Farm COMMENTS: The site currently has one home and a few outbuildings. The property is currently being utilized for a Landscaping business. There is one access onto CR 17. /if /672- Michelle Martin , Planner • I • • Michelle Martin om: Michelle Martin t: Monday, January 18, 2010 4:22 PM • brian@empirelandscaping.us Subject: usr-1725 Brian, It's time for the next stage in the process where we meet to go over the referrals and discuss your application in further detail. Would you be available to meet next Thursday or Friday(January 28 or 29)? Michelle Martin Planner Ill 918 10th Street Greeley,CO 80631 mmartin@co.weld.co.us PHONE: (970)353-6100 x 3540 FAX: (970)304-6498 • • 1 • S Kristine Ranslem From: Kristine Ranslem �' Tuesday, December 08, 2009 9:02 AM nt: 'Roy Spitzer' Subject: USR-1725 Field Inspection Attachments: usr1725.rtf We have just received a case (USR-1725) in which we ask that you review the material and send a referral to us by January 7, 2010. The following is a quick link to the case in question: http://www.co.weld.co.us/departments/planning/Planning/plan current.html#USR-1725 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! ICri,Sti,vke RR ins Lefru. Planning Technician Weld County Planning Services 918 10 Street, Greeley CO 80631 970-353-6100 ext. 3519 • • 1 • • DEPARTMENT OF PLANNING SERVICES 0 918 10TH Street • GREELEY,10 80631 PHONE: (970) 00,COO 3540 FAX: (970) 304-6498 flDc. - COLORADO December 7, 2009 Brian & Susan Williams 211 Gadwall Ln Johnstown CO 80534 Subject: USR-1725- Request for a Site Specific Development Plan and Use by Special Review Permit for a business permitted as a Use by Right or Accessory Use in the Commercial Zone District (landscaping business) in the A (Agricultural) Zone District on a parcel of land described as Lot A RE-1168 being part of the NW4 SW4 of Section 21,T4N, R67W 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 Berthoud, Johnstown, and Milliken Planning Commission for their review and comments. Please call Berthoud at 970-532-2643, Johnstown at 970-587-4664, and Milliken at 970-587-4331 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 Berthoud, Johnstown, and Milliken 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. Resp "frul , Ate,,:/c„,/ Michelle Martin Planner • Follow up from Comments from the 7-Day Completeness Review 20300 County Road 17 Johnstown, CO 80534 • 5.a/5.b Currently living in the residence is 2 adults and 2 small children. In the proposed office, there would be 3 people at the same time there Monday through Friday. In the morning and evening (before and after work) there would be 2 people coming to pick up or return a trailer. 1 person would be onsite weekly to care for the trees that would be temporally stored additionally Brian and Susan. This is the total that would be on the property • 5.c Storm events there will be the 2 employees to pick up their trucks, Brian and a helper. Any other employees go to the site of where they will be working. • 5.d These structures will be built in the future and should be Ag exempt as it would be used for the tree farm if plans change I would change them to commercial use and a permit would be applied for. It is hard to predict the future right now. • 5.f The B&B trees will be hauled by my trucks and trailers. • 5.h Little Thompson Water is supplying a letter. • 5.j All outside storage of material in bins would be screened with live fencing (trees). • 6 The landscaping would stay the same as is with grass and existing trees. In the future some additional landscaping could be done but currently not in the budget. • 10 There will be nothing stored onsite that is waste that will not fit into an existing dumpster that is onsite. • The future 70 foot easement line has been place on the plat. /11 in n era,l D,.vitL fdroIeurv, IheuclvPern•cn,4 Cer . Loc&,-Iian NEsw Sec. at y N - lcS+A) Rd. q 9- P7 tier_ t r M r D¢Pt. of lfe4}k vfr‘oxcetti has in yii,tenj acid of vv"Aim- /repair fe'K c epft . • • WELD COUNTY • • COMPLETENESS REVIEW REVIEW DATE: October 12, 2009 TYPE OF APPLICATION: Use by Special Review(USR) NARRATIVE: Landscape contractor— Empire Landscaping LEGAL DESCRIPTION: Lot A, RE-1168; part NW4SW4 Section 21, Township 4 North, Range 67 West of the 61h P.M., Weld County COMPANY NAME/REPRESENTATIVE/OWNER: Susan and Brian Williams PARCEL NUMBER: 1059-21-0-00-027 SECTION -TOWNSHIP- RANGE: 21-4-67 PLEASE NOTE: The following completeness review notes are provided as a courtesy to the applicant. While we strive to identify significant issues,the following notes may not identify all issues, even maior ones that may be raised during the formal review of your application. The information contained herein has been placed on file with the Department of Planning Services. Please submit a copy of this form when you submit a formal Land Use Application. If you have any questions regarding the process and/or application please call Kim Ogle at 970-356-4000 • extension 3540, or email at kogle@co.weld.co.us REVIEW: After the completeness review process, please submit your formal Land Use Application to the Department of Planning Services. Be sure all items on the submittal checklist are submitted in addition to the items outlined in the pre-application meeting and completeness review. An incomplete Land Use Application submittal will not be accepted. Staff has concluded that this 7 Day Completeness Review was not complete and recommends that the applicant submit four new packets including the information outlined below to the Department of Planning Services for a second 7 Day Completeness Review. REVIEW STAFF: Planning: Kim Ogle: kogle(a)co.weld.co.us 970-353-6100 ext. 3540 Public Works: Don Dunker ddunkerco.weld.co.us 970-356-4000 ext. 3750 Health: Lauren Light Ilight(a�co.weld.co.us 970 356 4000 ext 2702 Building: Frank Piacentino fpiacentino(a)co.weld.co.us 970 356 4000 ext. 3540 • Weld County Department of Planning Services Greeley Office- 918 10th Street, Greeley CO 80631 Phone: 970-353-6100 x3540 Fax: 970-304-6498 • WELD C • OUNTY PLANNING COMMENTS • The Department of Planning Services has reviewed the 7-Day Completeness Review and requires the following items to be addressed: The application shall specify:who is living in the single family residence located on premises. 5.a/5.b Please confirm that the number of persons on site is: 3 residence;3 office; 2 trailer pick-up; 1 tree caretaker; 5 employees=total persons 14 plus Susan &Brian? 5.c Define hours of operation[storm events]: If only 2 persons come to site to pick up a trailer,and there are 4-5 employees,what is the number of persons that come to the property during snow events? 5.d What type of structures? Ag exempt?Or Commercial buildings? 5.f How does live materials, i.e., B&B plant material arrive to landscape yard? 5,h Provide evidence that a commercial water tap may be obtained for this proposed commercial business, provide evidence of availability and conditions to obtain. Complete the Water Supply Summary Sheet in its entirety 5.j Storage is inside structures or outside in bins. Is this material screened from Public rights-of-way and adjacent property? 6. What is the proposed landscape treatment? Nothing,native grasses,ornamental need to define or provide narrative. Include lighting component,signage,trash component and property maintenance 10. Define materials likely to be on site that do not fit into the dumpster • The applicant shall submit the original of the Certificate of Conveyances,with original signature from Elizabeth Woods The applicant shall submit evidence of Taxes paid for 2009 The applicant shall submit the Proposed Landscape Plan 23-2-260.B.12 The applicant shall submit evidence of mineral owner for property,23-2-2603.13. Who holds the mineral interest on the property? Any oil and gas in near vicinity? BUILDING COMMENTS The Department of Building Inspections has reviewed the Completeness Review and states that a building permit will be required for any structures built or change of use of any building. This referral will be late and will be forwarded to your attention via USMail when received PUBLIC WORKS COMMENTS Weld County Public Works has received the submittal application for the 7-Day Completeness Review. This phase of the planning process is a content review of the submitted materials, NOT a technical review. Comments made during this phase of the process will not be all-inclusive,and will address the critical issues of concern including but not limited to the Site Plan,Traffic Study, Preliminary Drainage Report,Geotechnical Soils Report,and Flood Hazard Development Permit.The Public Works Department will perform a detailed technical review of the project once the submittal application is deemed acceptable and is promoted to the review phase of the planning process. Summary: Public Works finds that the application is acceptable for a technical review. Public Works will conduct a technical review once the application is submitted to the Planning Department for official review. Weld County Department of Planning Services • Greeley Office— 918 1Oth Street, Greeley CO 8O631 Phone: 97O-353-61OO x354O Fax: 97O-3O4-6498 • WELD COUNTY S Site Plan Review: The applicant needs to place on the plat drawing existing and future right-of-way. Currently,there is 60 feet of existing right-of-way;however,this portion of CR 17 is classified as an arterial road with a 140-foot right-of- way at full build out. Future right-of-way consists of a 30 feet existing from the centerline plus an additional 40 feet to be reserved for a total of 70 feet from the centerline. This needs to be placed on the plat drawing and identified. The other items identified on the plat drawing such as existing and future structures, parking and landscaping are adequate for the submittal. Traffic Study: A traffic study will not be required. Preliminary Drainage Report: The applicant has provided a water-quality feature worksheet. The calculations appear to be adequate for this facility. Geotechnical Report: No geotechnical report is required at this time. Flood Hazard Development Permit: This area is not in a Special Flood Hazard Area(SFHA)as determined by the Federal Emergency Management Agency(FEMA). i 9'jC' € x r:.. , ,,, q2..a oS ` , ° — xE HEALTH DEPARTMENT COMMENTS The Health Department has reviewed the 7-Day Completeness Review and has noted the following: • The Health Department requests updated information on the septic system for the property. Apparently a commercial permit for the "Shop"was issued in February 2009 but was never issued. Lauren Light is the contact for the department and she may be reached at 970-356-4000 x 2702. Weld County Department of Planning Services • Greeley Office— 918 101" Street, Greeley CO 80631 Phone: 970-353-6100 x3540 Fax: 970-304-6498 • • • 7- Day ' Completeness Review CASE#: PA09-023 APPLICANT: Brian Williams 20300 CR 17 Johnstown, CO REQUEST: Use by Special Review for a landscaping business (Empire Landscaping) LEGAL: Lot A RE-1168; Part NW4SW4 Section 21, Township 4 North, Range 67 West of the 6m P.M. Weld County, CO. LOCATION: East of and adjacent to County Road 20 and North of County Road 42 PARCEL#: 1059-21-0-00-027 ACRES: +/-4.75 RETAIN PACKET AS ENTIRE APPLICATION IS TO BE SUBMITTED WITHIN 7 DAYS OF INTERNAL REVIEW ❑ Public Works ❑ Health ❑ Building ❑ Planning • Comments: This will have a Change of Use for the Structure(s). Please be thorough in your assessment for completeness. Thank you. Date: September 30, 2009, Comments Due No Later than October 8, 2009 Thanks, Kim x 3549 • • •Weld County Planning Department GREELEY OFFICE clef 71111C1 MEMORAND 'EIVED ID TO: Kim Ogle, Planning Services DATE: October 5, 2009 C FROM: Don Carroll, Engineering Administrator, Public Works Clay Kimmi, P.E., C.F.M, Public Works COLORADO SUBJECT: 7-Day Completeness Review PA09-023, Brian Williams Weld County Public Works has received the submittal application for the 7-Day Completeness Review. This phase of the planning process is a content review of the submitted materials, NOT a technical review. Comments made during this phase of the process will not be all-inclusive, and will address the critical issues of concern including but not limited to the Site Plan, Traffic Study, Preliminary Drainage Report, Geotechnical Soils Report, and Flood Hazard Development Permit. The Public Works Department will perform a detailed technical review of the project once the submittal application is deemed acceptable and is promoted to the review phase of the planning process. Summary: Public Works finds that the application is acceptable for a technical review. Public Works will conduct a technical review once the application is submitted to the Planning Department for official review. Site Plan Review: The applicant needs to place on the plat drawing existing and future right-of-way. Currently, there is 60 feet of existing right-of-way; however, this portion of CR 17 is classified as an arterial road with a 140-foot right-of-way at full build out. Future right-of-way consists of a 30 feet existing from the centerline plus an additional 40 feet to be reserved for a total of 70 feet from the centerline. This needs to be placed on the plat drawing and identified. The other Erns identified on the plat drawing such as existing and future structures, parking and landscaping are adequate for the tbmittal. Traffic Study: A traffic study will not be required. Preliminary Drainage Report: The applicant has provided a water-quality feature worksheet. The calculations appear to be adequate for this facility. Geotechnical Report: No geotechnical report is required at this time. Flood Hazard Development Permit: This area is not in a Special Flood Hazard Area (SFHA) as determined by the Federal Emergency Management Agency (FEMA). tra 1 B i ,. -e�S-� '.l '1 itti- 1J z. �. �l�! ry Y111,11610'v - Original & Email: Kim Ogle, Planning Services pc: Brian Williams,Applicant • Page 1 of 1 M:\PLANNING-DEVELOPMENT REVIEW\7-DayCompletenessReviews\2009\PA09-023, Brian Williams.doc • • 7- Day Completeness • Review CASE#: RA09-023 APPLICANT: Brian Williams 20300 CR 17 Johnstown, CO REQUEST: Use by Special Review for a landscaping business (Empire Landscaping) LEGAL: Lot A RE-1168; Part NW4SW4 Section 21, Township 4 North, Range 67 West of the 6th P.M. Weld County, CO. LOCATION: East of and adjacent to County Road 20 and North of County Road 42 PARCEL#: 1059-21-0-00-027 ACRES: +/-4.75 RETAIN PACKET AS ENTIRE APPLICATION IS TO BE SUBMITTED WITHIN 7 DAYS OF INTERNAL REVIEW ❑ Public Works o Health ❑ Building o Planning fr • Comments: This will have a Change of Use for the Structure(s). Please be thorough in your assessment for completeness. Thank you. C oclQ 12 /7.40,7742- 75. / G4o," cC/cf.g2_ %d /he o f,%c— Q/'ecti_ 5 GE 114,:2-0T 4/l CO Vie._ le(v/Qi7 'it3 7Ike_ lkn rev/ e& . LC) as/ 7?-44, /Al 1oSS- eaIca/4Tio zSf /d3/0 ,ieeryt) C Dele Onq<yS T , sr#, ,,aad O ;27ro✓ pr rslbritrieva// Ul,l'ry f2/q43. Date: September 30, 2009, Comments Due No Later than October 8, 2009 Thanks, Kim x 3549 • • • • MEMORANDUM VI`P� TO: PA09-023; Case File, pre-application DATE: March 5, 2009 COLORADO FROM: Kris Ranslem, Planning Technician SUBJECT: Pre-Application Meeting prior to submitting USR for landscaping business Attendees: Brian Williams, Applicant Don Carroll, Public Works Kim Ogle, Planning Chris Gathman, Planning Kris Ranslem, Planning Bethany Salzman, Zoning Compliance On Thursday, March 5, 2009 an informal discussion took place at the Greeley Administrative Offices Conference Room regarding a USR for a landscaping business. (The legal description is Lot A RE-1168; Part NW4SW4 Section 21, Township 4 North, Range 67 West of the 6th P.M.; • Situs Address is 20300 CR 17) Background Information: The applicant purchased this property as an investment property. The home on site is rented to an employee. The site encompasses approximately 4.75 acres and is surrounded by the Town of Johnstown. According to the applicant, the Town of Johnstown has no desire to annex them into their town limits. The applicant owns a landscaping business (Empire Landscaping)and would like to park equipment(trailers) and some material (river rock, compost and dirt) next to existing shop. In addition the applicant is proposing to convert the west end of the existing shop into an office area. He has currently submitted a building permit for a change of use to convert this area into an office. The material to be stored would be brought in by semi and would be stored in concrete blocks. The remainder of the property would be used to heal in trees for replanting. A ditch runs along the southeast corner of the property. The applicant is proposing to utilize the head gate to fill a small pond which he indicated would be aestetically pleasing and potentially place coy on it. The pond would be used to water the trees. Currently there are two part-time employees (he and his wife) and a full-time project manager. There are approximately 7 laborers who come to the site to pickup material. • Public Works No Traffic Study will be required. With regard to drainage, staff instructed the applicant to contact Clay Kimmi of Public Works for further assistance and instructions. • The access to the site is from CR 17. CR 17 is annexed by the Town of Johnstown. Currently there is a 60 foot existing right-of-way; however this portion of CR 17 is projected to be an arterial road with 140 feet of right-of-way. Staff suggested reserving the additional feet for right- of-way. The applicant will need to submit a Site Plan which identifies all structures (existing and future), irrigation pond, tree rows and material storage. No Geotechnical Report is required. No Flood Hazard Development Permit is required as it is not designated in a 100-yr floodplain. Planning Department The applicant indicated that there is water in the shop which was existing prior to ownership. There is one septic system for the house. The applicant indicated that according to his engineering report it is adequate for the amount of capacity required. There are two (2)fuel tanks less than 500 gallons each located on site. The applicant indicated that he would like to move them from the existing location to another site on the property. Staff advised him that there may be more requirements from the State Department of Labor and Employment with regard to the tanks. • The applicant commented that he would like to plant trees along the northern boundary to serve as a wind and visual buffer. There is lighting on the shop on the east and south gables with downcast lighting. Staff advised the applicant to identify on the application if they wish to erect a sign larger than 16 square feet. Applicant requested the use of placing the temporary concrete barriers to store some material and to make some landscaping improvements to the site prior to approval of the application. Staff gave approval as they are temporary items. The site is currently in violation (ZCV09-00041) and is scheduled for violation hearings on June 16, 2009. If the applicant submits a completed application prior to June 16, 2009 the violation hearing will be canceled. Staff explained the USR process -that the applicant shall submit 4 packets for a 7 day completeness review. Once the 7 day completeness review is complete the applicant will be informed of what items are still required to make the application complete. After the completed application is submitted 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 the 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. \l iL-LIAM5 WELD COUNTY PUBLIC WORKS Pre-Application Meeting Check List: > USR SPR PUD Minor Sub > Site Plan: YFs > Traffic Study, if required: !Jr) > Preliminary Drainage Report: cL.aY K, i ._ DRnl 0141/4,E tJ Rh For a water quality feature see Urban Drainage and Flood Control District; Volume Ill; section 4.4.2 for the calculation procedure. The web site address is as follows http://www.udfcd.orq. Geotechnical Soil Report: IF Y TsutL)/uk > Flood Hazard Development Permit: A permit will be required if any portion of the site is within a FEMA regulated 100-yr Floodplain. 11 > Other: u(GrZ I-I — �o E{/JSmo Li }}nr TcY �tkG QNt a ✓ we Q c Attachment: ➢ ✓Weld County Road Access Information Sheet ➢ Public Works Development Review Fee Invoice Sheet ➢ Preliminary Drainage Report Outline ➢ Final Drainage Report Outline • ➢ Scope of Work for Traffic Impact Study M\PLANNING—DEVELOPMENT REVIEW\FORMS NreApplicationMtttingCheckLitt.doc • L.glint Forms, I L Submit by Email-'I Pr "ArYp al Co.+;or-a WELD COUNTY ----' • I PRE-APPLICATION REVIEW REQUEST 1 • 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.weld.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: Zgl, ri IAl (:4,11'1'105 Phone: 72 77c� - 537- 9770 Fax: 970-SI?7- 9773 • Email: br;o-n a ern piwC Icy-icJSCaptiny . us Address: 211 G oil Lri-rie Project Description: 1,,C,2_. i.01,1 p9.,\ — 4 - (D-/ Property Information: Section-Township- Zoning al Parcel Number Acreage 5— Site Address 2O31.x) �t Un-ty 2d i-2 Water Source IA ilk Tkt -- Legal Description 7 Sewer Sep Ht Owner Name it114'N y S0sA--i ()tJ u_i 4-714,S Is this property currently in violation? )(Yes r No Case Number _VCR CR--CCD-4 Preferred date and time for meeting: -0@aile 7140-(c It Sck or G' office t)52Ot11)t Project Title Descriptj4#1". ;, Review Date: ryteetittg Dater t ime: Weld County Department of Planning Services • Greeley Office - Longmont Office- 918 10m Street, Greeley CO 80631 4290 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 • • • NOT TO SCALE W2 SW4 SECTION 21 TOWNSHIP 04N RANGE OW LOT A OF RECORDED EXEMPTION #1059-21-3-RE11S8 5 ACRES MAILIRA_ TRAILER PARKING! • Ts lakiRsi, Odi r I TRUCK - _ J � SHY S PST AREA '" FOR RBVU E. — BA RN In*"D r ioN of /� g HaSE t TI-I5 5TRUCIURE - LEACH FED TRENCI-5 • —.- 20300 COUNTY RD. 17 • Williams Farm 20300 County Road 17 Special Review pre-questions 1. Narrative of request: I would like to take a small portion of the 5 acres to be used to park a few trailers for my landscaping company and my tree farm. Currently there are 4 trailers. In addition there would be 2 trucks parked on the property,the other 2 trucks are taken home nightly. I have 3 tractors that would be parked at the property, but are also removed from time to time to service our tree farm and landscaping projects. Landscape material that I wish to have on the property would be a bin of each of the following: compost, mulch, dirt and a bin for left over material. I would like to have a small area to set some pallets of rock such as flagstone, and specialty items that would be left over's that I can use for future projects and boulders that I would use on my projects. Primarily,the property will be used for a space where all of my trees growing at another farm will be dug and hilled in (after they have been balled and burlap, ready for use in a project). In the existing pole barn structure, I would like to finish less than 1200 sq ft.as an office. I would not have more than 3 people there working at one time. I am currently working out of my home. I am planning on demolishing the old barn. It is not functional anymore and is an eye sore. All other buildings will be kept. Three of the structures will be cleaned up aesthetically—repainted. And the majority of the buildings will be reroofed. • 2. Attached is a conceptual plan: 3. Existing contours and proposed grades: I will keep all the grading as is. It provides great drainage and is sloped perfectly for irrigating my trees. 4. Conceptual drainage: Drainage is to remain the same. 5. Conceptual Landscape plan: This is still in the process. Around the home I will scrape and re do the landscaping to make sure it enhances the property and is user friendly. I have already removed 19 trees that were diseased and or growing in an unusual fashion. I trimmed the 2 large elm trees that stand over 85 ft tall that had never or rarely been trimmed. Where the old barn that is being demolished is, I want to put a lush feature garden containing a variety of plants, a couple of streams and a pond with some grass towards the street County Road 17. 13 '1:51) &- - !_; 'S Hello