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Home My WebLink About20100270.tiff INVENTORY OF ITEMS FOR CONSIDERATION • Applicant Keith Thoene Case Number USR-1694 Submitted or Prepared Prior to At Hearing Hearing 1 Staff Comments X Department of Planning Services Field Check Form X Letter to Applicant X Affidavit of sign posting X Legal Notifications X 2 Application X Maps X Deed/Easement Certificate X Surrounding Property/Mineral Owners X Utilities X 3 Referral List X Referrals without comment X • Town of Hudson Planning Commission, referral dated March 11, 2009 X State of Colorado Division of Wildlife, referral dated March 27, 2009 X Weld County Sheriffs Office, referral dated March 2, 2009 X 4 Referrals with comments X Weld County Department of Public Health and Environment, referral dated X April 2, 2009 State of Colorado Division of Water Resources, referral dated March 12, X 2009 Hudson Fire Protection District, referral dated March 11, 2009 X Weld County Department of Planning Services Landscape referral dated X March 10, 2009 Weld County Zoning Compliance, referral dated March 10, 2009 X Weld County Building Department, referral dated March 31, 2009 X • Weld County Department of Public Works, referral dated March 24, 2009 X EXHIBIT A2010-0270 U,sle-IOLA 5 Surrounding Property Owners-Letters IJ IA • 6.& PC Exhibits - p�J(wuu,,u, { fl'kwo ,:: eu.\tnxu..u,,rcy, RD. 6_O9 X &b �lo.r�ni,� ��}�R mt., t : Ctc'nL.iiwnec i ii-Iq-pq X I hereby certify that the items identified herein were submitted to the Department of Pla ning ervices at r prior t he scheduled Planni Com sinners hearing. - Michelle Martin Planner • • • •ND USE 0 • LA ON SUMMARYPSHEET COLORADO Planner: Michelle Martin Case Number: USR-1694 Hearing Date: February 2, 2010 Continued from December 1, 2009 Applicant: Keith Thoene Site Address: 1365 W. Mulberry Lane, Highlands Ranch, CO 80129 Request: A Site Specific Development Plan and a Special Review Permit for a Home Business (storage of construction materials — steel doors and frames) in the (A) Agricultural Zone District. Legal Description: Lot B of RE-3050; being part of the E2 NE4 of Section 25, Ti N, R65W of the 6th P.M.,Weld County, CO. Location: West of and adjacent to County Road 49 and South of and adjacent to County Road 6 Size of Parcel: 75.4 +/-acres Parcel Number: 1473 25 000047 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 Hudson Planning Commission, referral dated March 11, 2009 • Weld County Sheriffs Office, referral dated March 2, 2009 • State of Colorado Division of Wildlife, referral dated March 27, 2009 With Comments: • Weld County Department of Public Health and Environment, referral dated April 2, 2009 • Weld County Department of Public Works, referral dated March 24, 2009 • Weld County Building Department, referral dated March 31, 2009 • Weld County Zoning Compliance, referral dated March 10, 2009 • Weld County Department of Planning Services Landscape referral dated March 10, 2009 • Hudson Fire Protection District, referral dated March 11,2009 • State of Colorado Division of Water Resources, referral dated March 12, 2009 The following agencies have not responded: • West Adams Soil Conservation District • Adams County • Box Elder Irrigation EXHIBIT USR-1694 Thoene Page 1 SPECL REVIEW PERMIT I kip‘r, ADMINISTRATIVE REVIEW WI`Pc. COLORADO Planner: Michelle Martin Case Number: USR-1694 Hearing Date: February 2, 2010 Continued from December 1,2009 Applicant: Keith Thoene Site Address: 1365 W. Mulberry Lane, Highlands Ranch, CO 80129 Request: A Site Specific Development Plan and a Special Review Permit for a Home Business (storage of construction materials — steel doors and frames) in the (A) Agricultural Zone District. Legal Description: Lot B of RE-3050; being part of the E2 NE4 of Section 25, Ti N, R65W of the 61h P.M.,Weld County, CO. Location: West of and adjacent to County Road 49 and South of and adjacent to County Road 6 Size of Parcel: 75.4 +/-acres Parcel Number: 1473 25 000047 THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS: 1. The submitted materials are in compliance with the application requirements of Section 23-2-260 of the Weld County Code. 2. It is the opinion of the Department of Planning Services' staff that the applicant has shown compliance with Section 23-2-220 of the Weld County Code as follows: A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other applicable code provisions or ordinance in effect. Section 22-2.20.G A.Goal 7, 1 A.Policy 7.2 states "Conversion of agricultural land to nonurban residential, commercial, and industrial uses should be accommodated when the subject site is in an area that can support such development and should attempt to be compatible with the region." The site currently has one pole barn and a single family residence on site (BCR09- 00286). The pole barn on site will house a majority of the materials associated with this business. Any outdoor storage of material will be located within a screened area. The property is serviced by a domestic well and an individual sewage disposal system. The surrounding properties are zoned (A)Agricultural and there are nine property owners within 500 feet of the site. The proposed use would be compatible with the region since USR-1694 Thoene Page 2 the majority of the materials associated with the business would be stored inside and any outdoor storage of materials will be located in a screened area. B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the (A) Agricultural Zone Districts. Section 23-3-40.O allows for a Home Business in the (A) Agricultural Zone Districts. C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing surrounding land uses. The surrounding properties are zoned (A) Agricultural. There are few homes in close proximity and a landscaping tree farm to the south and west of the site. The proposed use would be compatible with the region since the majority of the materials associated with the business would be stored inside and any outdoor storage of materials will be located in a screened area. The property is located with the three mile referral area for the Town of Hudson and Adams County. The Town of Hudson in their referral dated March 11, 2009 state that they have reviewed the request and find no conflicts with their interests. No comments were received from Adams County. 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. Staff believes that the Conditions of Approval and Development Standards will ensure that the use will be compatible with existing surrounding land uses. The majority of the materials stored on site will be kept inside the pole barn. A small amount of outdoor materials will be kept in a screened area. E. Section 23-2-220.A.5 -- The application complies with Section 23-5 of the Weld County Code. The existing site is within the County Road Impact Fee Area and the Capital Expansion Impact Fee and the Stormwater/Drainage Impact Fee. 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 if irrigation", "prime, and "other" land as delineated on the Important Farmlands of Weld County map, dated 1979. This proposal is to be conducted within the existing structures on site and will not affect the agricultural use of the property. 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. USR-1694 Thoene Page 3 NThe site is currently in violation (ZCV08-00360) for the commercial storage and operations related to Sierra Detention Systems do Keith Thoene without first obtaining the necessary Weld County Permits. This application if approved by the Board of County Commissioners will correct the violation. If this application is denied staff is requesting that the violation case be referred to the County Attorney's Office, but delay legal action for thirty (30) days in order to give the applicant adequate time to remove all commercial storage and operations from the property. 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. The Department of Planning Services' staff recommendation for approval is conditional upon the following: 1. Prior to recording the mylar: A. The applicant shall submit a dust abatement plan, for on site dust, for review and approval to the Environmental Health Services, Weld County Department of Public Health and Environment. Evidence of approval shall be submitted to the Weld County Department of Planning Services. (Department of Public Health and Environment) B. An individual sewage disposal system is required for the proposed site and shall be installed according to the Weld County Individual Sewage Disposal Regulations. Evidence of approval shall be submitted to the Weld County Department of Planning Services. (Department of Public Health and Environment) C. The applicant shall submit a waste handling plan,for approval, to the Environment Health Services Division of the Weld County Department of Public Health and Environment. M Evidence of approval shall be submitted to the Weld County Department of Planning Services. The plan at a minimum shall include 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) D. The applicant shall address the requirements of the Department of Public Works referral as stated in the response dated March 24, 2009. Written evidence of such shall be submitted in writing to the Department of Planning Services. (Department of Public Works) E. The applicant shall address the requirements of the Department of Building Services referral as stated in the response dated March 31, 2009. Written evidence of such shall be submitted in writing to the Department of Planning Services. (Department of Building Services) F. 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, etcetera) and non-transportation (fencing, screening, signage etcetera). 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. Or the applicant may submit evidence that all the work has been completed and reviewed by the Department of Planning Services and the Department of Public Work. (Department of Planning Services) USR-1694 Thoene Page 4 N2. The plat shall be amended to delineate the following: A. All sheets of the plat shall be labeled USR-1694. (Department of Planning Services) B. The attached Development Standards. (Department of Planning Services) C. County Road 49 is designated on the Weld County Road Classification Plan as a strategic roadway, which requires 140 feet of right-of-way. There is presently 60 feet of right-of-way. The applicant shall verify and delineate on the plat the existing and future right-of-way. (Department of Public Works) D. County Road 6 is designated on the Weld County Road Classification Plan as a local gravel road, which requires 60 feet of right-of-way. There is presently 60 feet of right-of- way. The applicant shall verify and delineate on the plat the existing right-of-way. (Department of Public Works) E. The location of the dumpster and enclosure shall be delineated on the plat. (Department of Planning Services) F. Any outdoor storage shall be delineated on the plat and appropriately screened. (Department of Planning Services) G. The plat shall be prepared in accordance with Section 23-2-260.D of the Weld County Code. (Department of Planning Services) H. Any outside lighting shall be shown on the plat and adhere to Section 23-2-160.U.6 of the Weld County Code. (Department of Planning Services) M 3. Upon completion of 1. and 2. above the applicant shall submit a Mylar plat along with all other documentation required as Conditions of Approval. The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by Department of Planning Services' Staff. The plat shall be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code. The Mylar plat and additional requirements shall be submitted within thirty(30) days from the date of the Board of County Commissioners resolution. The applicant shall be responsible for paying the recording fee. (Department of Planning Services) 4. 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. 5. 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) 6. 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) IP USR-1694 Thoene Page 5 DOSITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Thoene USR-1694 1. A Site Specific Development Plan and a Special Review Permit for a Home Business (storage of construction materials— steel doors and frames) 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 hours of operation for are 7:00am to 6:00pm Monday through Friday. (Department of Planning Services) 4. No employees are allowed on site. (Department of Planning Services) 5. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S., as amended)shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. (Department of Public Health and Environment) 6. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S., as amended. (Department of Public Health and Environment) 7. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance conditions. (Department of Public Health and Environment) 8. The applicant shall operate in accordance with the approved "waste handling plan", at all times. (Department of Public Health and Environment) 9. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The facility shall be operated in accordance with the approved "dust abatement plan" at all times. (Department of Public Health and Environment) 10. This facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone as delineated in Section 14-9-30 of the Weld County Code. (Department of Public Health and Environment) 11. 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) 12. A permanent, adequate water supply shall be provided for drinking and sanitary purposes. (Department of Public Health and Environment) 13. 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. The Department of Public Health and Environment strongly encourage the applicant to test their drinking water prior to consumption and periodically test it over time. USR-1694 Thoene Page 6 D• (Department of Public Health and Environment) 14. If applicable, the applicant shall obtain a stormwater discharge permit from the Colorado Department of Public Health and Environment, Water Quality Control Division. (Department of Public Health and Environment) 15. 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) 16. 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) 17. 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) 18. The property owner shall allow any mineral owner the right of ingress or egress for the purposes of exploration development, completion, recompletion, re-entry, production and maintenance operations associated with existing or future operations located on these lands. (Department of Planning Services) 19. The site shall adhere to the Lighting regulations as outlined in Section 23-2-160.U.6 of the Weld County Code as amended. (Department of Planning Services) 20. The applicant shall adhere to the approved Screening Plan.(Department of Planning Services) 21. No parking or staging is allowed on County Roads. (Department of Planning Services) 22. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240,Weld County Code. 23. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250,Weld County Code. 24. Building permits shall be obtained prior to the construction of any building. Buildings that meet the definition of an Ag Exempt Building per the requirements of Section 29-1-20 and Section 29-3- 20.6.13 of the Weld County Code do not need building permits, however, a Certificate of Compliance must be filed with the Planning Department and an electrical and/or plumbing permit is required for any electrical service to the building or water for watering or washing of livestock or poultry. (Department of Building Inspection) 25. Buildings shall conform to the requirements of the various codes adopted at the time of permit application. (Department of Building Inspection) 26. All building plans shall be submitted to Hudson Fire Protection District for review and approval prior to issue of Building Permits. (Department of Building Inspection) 27. The historical flow patterns and run-off 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) 28. 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. 29. The Special Review area shall be limited to the plans shown hereon and governed by the USR-1694 Thoene Page 7 • • P. 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. 30. 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. 32. WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive agricultural counties in the United States, typically ranking in the top ten counties in the country in total market value of agricultural products sold. The rural areas of Weld County may be open and spacious, but they are intensively used for agriculture. Persons moving into a rural area must recognize and accept there are drawbacks, including conflicts with long-standing agricultural practices and a lower level of services than in town. Along with the drawbacks come the incentives which attract urban dwellers to relocate to rural areas: open views, spaciousness, wildlife, lack of city noise and congestion, and the rural atmosphere and way of life. Without neighboring farms, those features which attract urban dwellers to rural Weld County would quickly be gone forever. Agricultural users of the land should not be expected to change their long-established agricultural practices to accommodate the intrusions of urban users into a rural area. Well-run agricultural activities will generate off-site impacts, including noise from tractors and equipment; slow-moving farm vehicles on rural roads; dust from animal pens, field work, harvest and gravel roads; odor from animal confinement, silage and manure; smoke from ditch burning; flies and mosquitoes; hunting and trapping activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and fertilizers in the fields, including the use of aerial spraying. It is common practice for agricultural producers to utilize an accumulation of agricultural machinery and supplies to assist in their agricultural operations. A concentration of miscellaneous agricultural materials often produces a visual disparity between rural and urban areas of the County. Section 35-3.5- 102, C.R.S., provides that an agricultural operation shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that are commonly or reasonably associated with agricultural production. Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to assume that ditches and reservoirs may simply be moved "out of the way" of residential development. When moving to the County, property owners and residents must realize they cannot take water from irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water. Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice the size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of state and County roads outside of municipalities. The sheer magnitude of the area to be served stretches available resources. Law enforcement is based on responses to complaints more than on patrols of the County, and the distances which must be traveled may delay all emergency responses, including law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must leave their jobs and families to respond to emergencies. County gravel roads, no matter how often they are bladed, will not provide the same kind of surface expected from a paved road. Snow removal priorities mean that roads from subdivisions to arterials may not be cleared for several days after a major snowstorm. Services in rural areas, in many cases,will not be equivalent to municipal services. Rural dwellers must, by necessity, be more self-sufficient than urban dwellers. People are exposed to different hazards in the County than in an urban or suburban setting. Farm equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps • and center pivot operations, high speed traffic, sand burs, puncture vines, territorial farm dogs and livestock, and open burning present real threats. Controlling children's activities is important, USR-1694 Thoene Page 8 • • MIDnot only for their safety, but also for the protection of the farmer's livelihood. a • USR-1694 Thoene Page 9 DEPARTMENT OF PLANNING SERVICES • 6 SOUTHWEST OFFICE 4209 CR 24.5 LONGMONT, CO80504 PHONE: (720) 6552--42121 0, Ex t. 8730 FAX: (720) 652-4211 111 I C. COLORADO May 8, 2009 Keith Thoene 1365 W Mulberry Ln Highlands Ranch CO 80129 Subject:USR-1694-A Site Specific Development Plan and Use by Special Review Permit for a Home Business(storage of construction materials-steel doors and frames)in the A(Agricultural)Zone District on a parcel of land described as Lot B RE-3050 being part of E2 NE4 in Section 25,Ti N, R65W of the 6th P.M.,Weld County, Colorado. Dear Applicant: I have scheduled a meeting with the Weld County Planning Commission on June 2,2009,at 1:30 p.m. This meeting • will take place in the Hearing Room,Weld County Planning Department,918 10th St,Greeley,Colorado. A subsequent hearing will be held on June 24, 2009 at 10:00 a.m., in the Chambers of the Board of County Commissioners, Weld County Centennial Center, 915 10th Street, First Floor, Greeley, Colorado. It is recommended that you and/or a representative be in attendance to answer any questions the Planning Commission members or Board of County Commissioners may have. Colorado Revised Statute,C.R.S.24-65.5-103(adopted as part of H.B.01-1088)requires notification of all mineral estate owners 30 days prior to any public hearing. The applicant needs to provide the Weld County Planning Department with written certification indicating the above requirement has been met. A representative from the Department of Planning Services will be out to the property a minimum of ten days prior to the hearing to post a sign adjacent to and visible from a publicly maintained road right-of-way which identifies the hearing time, date, and location. In the event the property is not adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent place on the property and a second sign posted at the point at which the driveway (access drive) intersects a publicly maintained road right-of-way. The Department of Planning Services'staff will make a recommendation concerning this application to the Weld County Planning Commission and will be included in the packets one week prior to the scheduled Planning Commission Hearing. If you have any questions concerning this matter, please call. Respectfully, y, esi per,-, tenr Jacqueline Hatch Planner • Kim Ogle From: Thoene, Keith [kthoene@sierradetentionsystems.com] (lent: Sunday, September 20, 2009 10:12 PM Kim Ogle Subject: RE: Weld county Land Use Case No. USR 1694 Attachments: image004.jpg; image003.jpg Kim I did not pull a Ag exempt building permit, I pulled a standard building permit because I knew the building was not going to be used for agricultural use. I will plan on continuing this as soon as I get the TCO. Thanks for response. Regards, Keith Thoene President SIERRA Dl TUN LION 'H.1' .%1 1111 direct 720.881.6900 I mobile 303.906.7504 I office 303.278.6879 l fax 303.278.6921 15850 W.6th Ave Golden, CO 80401 kthoene@sierradetentionsystems.com I wwwsierradetentionsysterns.com From: Kim Ogle [mailto:kogle@co.weld.co.us] Sent:Saturday, September 19, 2009 10:09 PM To:Thoene, Keith Cc: Peggy Gregory; Bethany Salzman; Ann Siron; Lin Dodge Subject: RE: Weld county Land Use Case No. USR 1694 Keith Staff is unable to proceed with the application until at a minimum you have obtained the Temporary Certificate of Occupancy from the Department of Building Inspection. Also, if you continue to desire to utilize the agricultural exempt building as a commercial storage unit, then a new building permit will be required. I would suggest that a meeting or at a minimum a telephone conference call be placed between representatives of the Building compliance division, the building department and the planning department. The purpose of this telephone call or meeting will be discuss the timing of the land use application and the permitting of the structure for a commercial use. For reference, an Agricultural Exempt Building is defined as follows: AGRICULTURAL EXEMPT BUILDING: BUILDINGS or STRUCTURES in the A (Agricultural) Zone District designed and constructed to house farm implements, hay,grain, poultry, LIVESTOCK or other horticultural products. This structure shall not be a place of human habitation or a place of employment where agricultural products are processed, treated or eckaged, nor shall it be a place used by the public. 1 • Storage of any other materials other than the materials identified by definition, demonstrate non-compliance with the County Code. s the residence does not have a Temporary Certificate of Occupancy, the Department of Planning Services will be questing a continuance of this case at the October 6, 2009 Planning Commission hearing until late 4`" Quarter 2009. Please remember, the Planning Commission meets the first Tuesday of any given month. From:Thoene, Keith [mailto:kthoene@sierradetentionsystems.com] Sent: Wednesday, September 16, 2009 10:21 AM To: Kim Ogle Subject: RE: Weld county Land Use Case No. USR 1694 Kim Nothing has changed on my end. I will be pursuing the land use permit as previously requested. I have never planned on running the business from the property location, only long term storage of material in the building located on the property. We currently office out of Golden and we are moving the office to the Brighton location middle of next year. My storage needs are immediate and will not end. I imagine you have been tracking the progress of my house, which is the barrier to getting this thing resolved according to what I have been told by your office. We have passed all rough-in inspections and drywall was started yesterday. I expect to move into my house by the end of October. Please advise if there is any further action required by me to prepare to resolve this case. Regards, rith Thoene esident 'ti. \* ,\ SIERRA DITJ N 1 l () IN SYs ' I :M direct 720.881.6900 I mobile 303.906.7504 I office 303.278.6879 l fax 303.278.6921 15850 W. 6th Ave Golden, CO 80401 kthoene@sierradetentionsystems.com l www.sierradetentionsystems.com From: Kim Ogle [mailto:kogle@co.weld.co.us] Sent:Wednesday, September 16, 2009 6:31 AM To:Thoene, Keith Cc: Kristine Ranslem; Kim Ogle Subject:Weld county Land Use Case No. USR 1694 Good morning Mr. Thoene �he Department of Planning Services is requesting written direction from you regarding this land use permit at is scheduled to be heard by the Planning Commissioners on October 6, 2009. Staff has had no contact with you for several months now and at this time are requesting an update. 2 Staff has also been following developments in the Greater Brighton area and have noted that Sierra Detention systems has recently been approved for a rezone of property known as Sable Center. See attached article excerpt: Sable Center, the 21.2-acre parcel due south of Intertape Polymer on Sable Boulevard, was annexed to Brighton with a light industrial zoning on Tuesday night. Ward 2 City Councilors David Gill and Cynthia Martinez welcomed Russell Pilcher, who will relocate his Sierra Detention Systems on six acres of the property, to Brighton, then the two cast the opposing votes on the measure, which passed 6-2. Both said they appreciated the business and the jobs but that the location was not ideal, based on protests of neighbors. Pilcher, founder of the security company, said the location, "a stone's throw from Metalwest," "Phich could supply materials and ossibly rail-transport access, providing him with a competitive advantage in his industry. Ward 4 Councilor Wilma Rose said no conditions had changed from the first reading of the annexation and rezoning petitions, approved 7-2 (Wayne Scott was out of town for this week's vote). Given this action by Brighton, please indicate if you are moving ahead with this land use application in Weld County. Thank you for your timely response. Kim Ogle Weld County Planning Services- Greeley Office 918 Tenth Street I Greeley CO 80631 I Imcle=rt; c.^ T: 970.356,4000 x 3549 I F: 970 304 6498 I C: 970.302.2875 • 3 Page 1 of 2 Jacqueline Hatch • From: Thoene, Keith [kthoene@sierradetentionsystems.com] Sent: Monday, July 06, 2009 6:17 PM To: Jacqueline Hatch Subject: RE: USR Permit Jacqueline Yes, understood and agreed. I will not be going to a meeting tomorrow but will be going Oct 6th.Thanks for your help. Let me know if anything changes. Regards, Keith Thoene President 15850 w.6th Avenue,Golden,CO 80401 Direct Line: 720-881-6900 '. Fax:303-278-6921 Mobile:303-906-7504 � .. www.sierr<dctentions sterns.corn S I E R. e y J /;Ma . toi. CLN 71t,w >' y j II iy5 ,.. Total Security Solutions • From:Jacqueline Hatch [mailto:jhatch@co.weld.co.us] Sent: Monday,July 06, 2009 8:47 AM To:Thoene, Keith Subject: RE: USR Permit Thanks Keith I just to make sure we are on the same page— As we talked about Thursday out at the site,your Use by Special Review application will be continued till the October 6, 2009 hearing and the Board of County Commissioners hearing will be continued to October 28, 2009. The purpose of continuing the case to October was to allow you to finish the constructing of your home and be able to process the Use by Special Review application for the$1200.00 fee(for the home business)and not the$2500.00 fee(for the commercial use). It was also discussed that you would not store or operate the business from the property until the Use by Special Review application has been approved and recorded. Please let me know if this is your understanding as well. Thanks and let me know if you have any questions. Jacqueline From:Thoene, Keith [mailto:kthoene@sierradetentionsystems.com] Sent:Sunday,July 05, 2009 7:24 AM To:Jacqueline Hatch • Subject: USR Permit Jacqueline 7/7/2009 Page 2 of 2 Please advise if I can move the USR permit meetings to a later date when I will be moved into my house. I have • all business related material removed from the property which was verified by Weld County. Regards, Keith Thoene President 15850 w. 6th Avenue,Golden,CO 80401 Direct Line: 720-881-6900 Fax: 303-278-6921 SIERRA,. Mobile:303-906-7504 www.sierradetentionsystems.corn Total Security Solutions • • 7/7/2009 Page 1 of 6 Jacqueline Hatch • From: Jacqueline Hatch Sent: Thursday, June 25, 2009 2:04 PM To: 'Thoene, Keith' Subject: RE: Meeting Time Keith We can have one of our compliance officers come out to inspect the site to verify that all materials have been removed. How does Wednesday July is! in the afternoon sound? Say around 2:00? I want to have the site inspected prior to the Planning Commission hearing on July 7th. Thanks, Jacqueline From: Thoene, Keith [mailto:kthoene@sierradetentionsystems.com] Sent: Wednesday, June 24, 2009 7:21 AM To: Jacqueline Hatch Subject: RE: Meeting Time Jacqueline If the usr app is going to cost Ilk or so I cannot proceed until I am moved into my house in November and can apply per previous plan. I will need to continue this until that time. Please have Bethany contact • me for the site review, I am ready whenever she is, as long as I am in town. Right now it looks like I will be in town all week next week. Does this answer all of your questions? Regards, Keith Thoene President 15850 w. 6th Avenue, Golden, CO 80401 Direct Line: 720-881-6900 Fax: 303-278-6921 SIERRA . Mobile: 303-906-7504 \ywW.Sicrradctentionsyslcnts.com iow Security solutions From: Jacqueline Hatch [mailto:jhatch@co.weld.co.us] Sent: Monday, June 22, 2009 4:22 PM To: Thoene, Keith Cc: Bethany Salzman Subject: RE: Meeting Time • Keith, Good afternoon, I understand your frustration but at this point we have a couple of hearings scheduled coming up that we 7/1/2009 Page 2 of 6 need to decide how to proceed. If you want to meet to discuss I am available—just let me know. Through the USR (Use by Special Review) application process there are two public hearings, one before • the Planning Commission and one before the Board of County Commissioners. You also have a Violation hearing scheduled due to the storage of commercial materials on site without first obtaining the appropriate permits. At this point your hearing calendar looks like this— Planning Commissions July 7, 2009 Violation Hearing July 14, 2009 Board of County Commissioners July 29, 2009 If we proceed with the USR application on July 7, 2009 before the Planning Commission your Violation Hearing scheduled for July 14, 2009 will be cancelled. The Board of County Commissioners hearing would remain for July 29, 2009. If you wish to continue the USR application at the July 7, 2009 Planning Commission hearing we will need a date specific. Staff typically recommends that at the most a couple of months (September 1, 2009). The Board of County Commissioners hearing typically falls about three weeks after the Planning Commissions hearing that specific date is not known at this time. If you choose to continue the USR application at July 7, 2009 Planning Commissions hearing you will have two choices as to how to proceed with the violation case. The Violation Hearing is scheduled for the July 14, 2009. At the Violation Hearing you can ask for a continuance to coincide with your new Planning Commission hearing date or prior to the hearing date all commercial storage and supplies will need to be removed from the site. If you decide to remove all the materials Bethany our Code Compliance Officer will need to schedule an inspection of the site prior to July 10, 2009 to verify that • this has been completed. If the material is removed Bethany will cancel the violation hearing. I do appreciate your frustration but please keep in mind that when an application is submitted to our office for processing we don't know all the fees and requirements that may come up through the referral process. We try to give people heads up on fees as soon as they come apparent. After speaking with the Building Department it has been relayed onto me that as long as you store material inside the barn/shop a Change of Use building permit will be required and that is the one that costs approximately $8,000 - $9,000. Let me know what you would like to do and please do not hesitate to shoot me an email or give me a call if you have any questions. Thanks, Jacqueline . ......................... From:Thoene, Keith [mailto:kthoene@sierradetentionsystems.com] Sent: Thursday, June 18, 2009 10:33 AM To: Jacqueline Hatch Subject: RE: Meeting Time I see no reason to meet. Your position is very clear and all it would result in is me venting my • frustration, to no avail. At this point I cannot come close to affording another Ilk cost. Please proceed with delaying this saga until I have the house completed. I will have the pallets removed by Monday morning and will no longer be in violation. Thank you for your time. 7/1/2009 -- • Page 3 of 6 • • Regards, • Keith Thoene President 15850 w. 6th Avenue, Golden, CO 80401 Direct Line: 720-881-6900 Fax: 303-278-6921 S I E R R Mobile: 303-906-7504 lrl f f v t iLFN' S 11 I www.sierradetentionsystems.com Total Security Solutions From: Jacqueline Hatch [mailto:jhatch@co.weld.co.us] Sent: Thursday, June 18, 2009 10:31 AM To: Thoene, Keith Cc: Barbara Kirkmeyer; Thomas Honn Subject: RE: Meeting Time Keith, I can totally understand your frustration but I wanted to give you a heads up on the potential cost of a Change of Use on the building permit before you got further into the zoning application process because it is a large amount of amount. The building permit is a separate application and process from the • zoning permit. If you want to meet to discuss this we definitely can. I can also ask that the Building Official who is also my Director be present to answer any questions related to the building permit process. I would recommend that we meet early next week since the Planning Commission hearing is coming up soon (July 7, 2009). Thanks, Jacqueline From: Thoene, Keith [mailto:kthoene@sierradetentionsystems.com] Sent: Thursday, June 18, 2009 9:45 AM To: Jacqueline Hatch Cc: Barbara Kirkmeyer Subject: RE: Meeting Time Jacqueline So what was originally $1,300, which went then to 8-9k is now 10-11k. I understand you are just the messenger but this situation is very frustrating. I do not feel this is fair as I have clearly indicated that the house was in the process of being built from the very beginning. In fact I sat in Weld County's office when this all started and showed everyone plans and explained my situation in a detailed meeting, that was run by Kim Ogle. I have been working with Weld County on the building permit for 2 months. Saying that the county did not know the house was in the process of being built is • simply not true. I am NOT running a business from this property. I am long term storing 36 metal doors that were left 7/1/2009 Page4of6 • • over from a job on pallets in a barn that I own. There are no longer business related items outside this barn for anyone to complain about. I understand that rules are rules and I wanted to get the proper permit • to make sure I followed the rules. A less than honest person would simply say that this is personal property and forget this struggle. On the surface it feels like the County had no intent on allowing this USR permit to go through and are working to keep obstacles in my path until I give up. It is clear that of your three options listed below there is only one real choice but to continue this saga until I get my house completed. It is very clear that you can present a rule to back the County's position,but I will present my frustrations to the County Commissioner for this district just so I don't give up on common sense and good judgment. I will also verify with my Bank that my property tax check has cleared to make sure I am a supporter of Weld County's Government. I have every respect for your job and your responsibilities but I feel this situation has entered the ridiculous definition. Regards, Keith Thoene President 15850 w. 6th Avenue, Golden, CO 80401 Direct Line: 720-881-6900 Fax: 303-278-6921 S I E R R A Mobile: 303-906-7504 U L f l A L U A • wNw.si(Traci ct ntionystcmticgm Total SscutitySolutions From: Jacqueline Hatch[mailto:jhatch@co.weld.co.us] Sent: Thursday, June 18, 2009 8:11 AM To: Thoene, Keith Subject: RE: Meeting Time Keith Good morning, The additional $1,300 is the fee for the Use by Special Review application(changing the application from a Home Business to a Commercial use). It sounds like the $8,000-9,000 fee was an estimate for the building permit cost for the Change of Use permit. At this point you do have a couple of options. 1. can proceed as we have the application currently scheduled and pay the additional $1,300 for the Use by Special Review application. 2. can withdraw your application for the Use by Special Review but you would not be able to operate your business from the property. 3. can continue the Use by Special Review application until the home is finalized. That would keep the Use by Special Review application permit cost at$1,200 and the additional $1,300 would not need to be paid but you would not be able to operate your business from the property until the Use • by Special Review application has been approved and recorded. If you proceed with the Use by Special Review application a Change of Use building permit will need to be applied for that does have fees associated with it. Let me know if you have any questions or would like to set up a time to meet to discuss your options. 7/1/2009 • Page 5 of 6 • • Thanks, • Jacqueline From: Thoene, Keith [mailto:kthoene@sierradetentionsystems.com] Sent: Wednesday, June 17, 2009 5:21 PM To: Jacqueline Hatch Subject: RE: Meeting Time My apologies. Marie McCabe, who was my assistant and who you may have spoken to several times has quit and I am finding several items from emails that did not make my calendar. The reason for me requesting the meeting was the email that stated there would be an additional 8-9k in fees which was outrageous. I can live with another$1,300 if that is the correct amount. It just seemed that Weld County was trying to wear me down with never ending obstacles and then hit me with a huge unexpected fee after I had gotten through the mountain of paperwork. So just to be sure I understand, send a check for$1,300 and be there for the July 7th meeting and we potentially could have this all behind us? Regards, Keith Thoene President • 15850 w. 6th Avenue, Golden, CO 80401 Direct Line: 720-881-6900 Fax: 303-278-6921 S I E R R A Mobile: 303-906-7504 G� ! NSa(t\. \S, li Rwww.sierradctcntionsystetns.col_n 7out3acudey Soiut nY.. From: Jacqueline Hatch [mailto:jhatch@co.weld.co.us] Sent: Wednesday, June 17, 2009 4:15 PM To: Thoene, Keith Cc: Bethany Salzman Subject: Meeting Time Keith, Hello—I had on my calendar that we were meeting today at 9:30 to discuss your application. At this point you are scheduled for the Planning Commission hearing date on July 7, 2009 at 1:30 in Greeley (918 10th Street). I currently have your application set up as A Site Specific Development Plan and a Special Review Permit for a Use by Right, an accessory use, or a Use by Special Review in the Commercial or Industrial Zone District (storage of construction materials—steel doors and frames) in the (A) Agricultural Zone District. I had to change the application from a Home Business classification • since a home is not currently on site. There is an additional fee of$1300.00 for the application that will need to be paid. Let me know if you have any questions or would like to reschedule a meeting time to discuss your 7/1/2009 Page 6 of 6 • • options. Thanks, • Jacqueline • • 7/1/2009 Jacqueline Hatch seem: Thoene, Keith [kthoene@sierradetentionsystems.com] ent: Monday, June 01, 2009 1:56 PM To: Chris Gathman; McCabe, Marie Cc: Bethany Salzman; Thomas Honn; Kim Ogle; Jacqueline Hatch Subject: RE: Meeting with Keith Thoene to review conditions/building permit issues for USR-1694 Yes, please continue. Sorry for the short notice but when a Jail calls with an emergency, I need to show my face asap. Call me on my cell phone at your convenience, and we can discuss my concerns over the phone. I wanted to chat face to face but looks like I will be in the middle of no-where Texas all week. Regards, Keith Thoene President 15850 w. 6th Avenue, Golden, CO 80401 Direct Line: 720-881-6900 Fax: 303-278-6921 Mobile: 303-906-7504 www.sierradetentionsystems.com • Original Message From: Chris Gathman [mailto:cgathman@co.weld.co.us] Sent: Monday, June 01, 2009 1:28 PM To: Thoene, Keith; McCabe, Marie Cc: Bethany Salzman; Thomas Honn; Kim Ogle; Jacqueline Hatch Subject: RE: Meeting with Keith Thoene to review conditions/building permit issues for USR-1694 Marie, We received your message. Thank you. Please let Keith know that his case is scheduled to be heard at tomorrow's Planning Commission hearing at 1:30 PM. Staff would prefer that he continue this case until July. If he wishes to continue this case out to July 7, 2009 so he can figure how he wishes to proceed we request that at a minimum he send us an e-mail requesting a continuance to this date prior to tomorrow's hearing. Sincerely, •Chris Gathman Planner III (970) 353-6100 ext. 3537 1 Original Message From: McCabe, Marie [mailto:mmccabe@sierradetentionsystems.com] On Behalf Of Thoene, Keith Sent: Monday, June 01, 2009 12:50 PM To: Chris Gathman Subject: RE: Meeting with Keith Thoene to review conditions/building permit issues for SR-1694 Chris - Keith has to cancel this meeting and reschedule! He apologizes for the short notice! Thank you, Marie Original Appointment From: Chris Gathman [mailto:cgathman@co.weld.co.us] Sent: Friday, May 29, 2009 2:02 PM To: Chris Gathman; Kim Ogle; Bethany Salzman; Thoene, Keith Subject: Meeting with Keith Thoene to review conditions/building permit issues for USR-1694 When: Monday, June 01, 2009 1:00 PM-2:00 PM (GMT-07:00) Mountain Time (US & Canada) . Where: Greeley Planning Office meeting room - 918 10th Street - Greeley, Colorado • • 2 Page 1 of 1 • • Jacqueline Hatch From: Jacqueline Hatch Sent: Thursday, May 28, 2009 4:19 PM To: 'Thoene, Keith' Cc: Chris Gathman Subject: Building Fees Keith I just spoke with the front staff in the Building Department and I just wanted to let you know that the Change Of Use building permit for the existing pole barn is going to be approximately$8000 to$9000 in fees. This is just a rough estimate but I wanted to let you know. This cost does not reflect the cost of the building permit for the home. I wanted to give you this information so you can make a clear decision as to how you want to proceed. At this point it might not be a bad idea to continue the case for a month (till July 7th)to allow us to go over your options. Please let me know what you would like to do by Monday. I will be out of the office Friday through Tuesday but please contact Chris Gathman since he will be presenting your case on Tuesday. I have cc'd him on this email. Thanks, Jacqueline • • 6/18/2009 Page 1 of 2 Jacqueline Hatch• From: Jacqueline Hatch Sent: Thursday, May 28, 2009 3:13 PM To: 'Thoene, Keith' Subject: RE: USR-1694 application Keith, At this point since the house isn't constructed and specifically you aren't living there we aren't able to process the application as a Home Business. If you want to stop all business activities on site we can request the hearings be continued for 7 months (January)which would give you time to finish the home. You would not be able to operate the business until the home is completed and the Use by Special Review is approved and recorded. If you wish to proceed with the hearings scheduled for June 2nd for Planning Commissions and June 24th for Board of County Commissioners the additional $1300.00 fee would need to be paid. If the Use by Special Review is approved and recorded you would be able to operate your business from the site without the home on site. Let me know if you have any question or which route you wish to take. Thanks, Jacqueline From: Thoene, Keith [mailto:kthoene@sierradetentionsystems.com] Sent: Thursday, May 28, 2009 1:15 PM To: Jacqueline Hatch Subject: RE: USR-1694 application • Jacqueline Sorry for the confusion, I think I referenced the fact that I am building a house. Footings are being poured today and walls start tomorrow. Does it matter that the house will be complete within the next 6 months? Regards, Keith Thoene President 15850 w. 6th Avenue, Golden, CO 80401 �. Direct Line: 720-881-6900 Fax: 303-278-6921 SIERRA ., Mobile: 303-906-7504 73tTi.+J E't ON aY** t.x#S V.'A V.aterradetentionsystems.com Total Security Solutions From: Jacqueline Hatch [mailto:jhatch@co.weld.co.us] Sent: Wednesday, May 27, 2009 1:36 PM To: Thoene, Keith • Subject: USR-1694 application Keith, 5/28/2009 Page 2 of 2 Good afternoon this email is a follow up to the phone message I left you regarding your application. • I went out to the site to post a sign regarding the upcoming Planning Commission hearing on June 2nd (at 1:30 in Greeley 918 10th Street) and noticed that there is no home on site. The application was submitted as a Home Occupation with the thought that there was a home on the property with the cost of$1200.00. After being out at the site the application will need to be reclassified as a full Use by Special Review with the cost of$2500.00. An additional $1300.00 will need to be submitted to our office. If you have any questions please do not hesitate to contact me 720-652-4210 x8730. Thanks, Jacqueline • • 5/28/2009 PLANNING COMMISSIONERS' SIGN POSTING CERTIFICATE THE LAST DAY TO POST THE SIGN IS May 23, 2009 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, Jacqueline Hatch-Drouillard, HEREBY CERTIFY UNDER PENALTIES OF PERJURY THAT THE SIGN WAS POSTED ON THE PROPERTY AT LEAST TEN DAYS BEFORE THE PLANNING COMMISSIONERS HEARING FOR USR-1694 IN THE A (Agricultural) ZONE DISTRICT. 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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-1694 IN THE A(AGRICULTURAL)ZONE DISTRICT. Michelle Martin Name of Person P s ' 'gn '‘71. • Signature of Person Posting Sign STATE OF COLORADO )ss. COUNTY OF WELD The foregoing instrument was subscribed and sworn to me this 1 i ty of 'VNrCry .YC, 2009. WITNESS my hand and official seal. � s tar,/Public � . 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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-1694 IN THE A(AGRICULTURAL)ZONE DISTRICT. Michelle Martin Name of Person Posting s/ Sign yt Signature of Person Posting Sign STATE OF COLORADO )ss. COUNTY OF WELD ) The foregoing instrument was subscribed and sworn to me this day of CSa 1, l P , 2010. WITNESS my hand and official seal. 'h .Y . 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V'. • I. :. i ''� y• - . , ,h� fit : .' i • - I . 4 i pit , • . r - j . • ,..,,,\ # .f :. ill'lI ;� .k - . . . . i< ft. :pi.. ..,_ „; . •,_.,... . . • , Liar , L 4 FIELD CHECK Inspection Date: 5/22/09 & 9-18-2009 • APPLICANT: Keith Thoene CASE#: USR-1694 REQUEST: A Site Specific Development Plan and a Special Review Permit for a Use by Right,an accessory use,or a Use by Special Review in the Commercial or Industrial Zone District(storage of construction materials—steel doors and frames)in the(A)Agricultural Zone District. LEGAL: Lot B of RE-3050 being part of E2 NE4 being in Section 25,Ti N, R65W of the 6'"P.M.,Weld County,CO. LOCATION: West of and adjacent to County Road 49 and south of and adjacent to County Road 6. PARCEL ID#: 1473 25 000047 ACRES: 75.4+1-acres Zoning Land Use N Agricultural N Agricultural E Agricultural E Agricultural S Agricultural S Agricultural W Agricultural W Agricultural Comments: • Pole barn on site Dirt road into pole barn adjacent to the south property line Future home staked out on site and under construction on an elevated site. Residence sits high as concrete retaining walls provide for structural fill and promotes elevation Residential driveway curves away from residence to northeast and aligns near the north property line. Large excavated area for future"pond" visually present East of the pole barn and residence. If pond water source unknown Single family residences to the North and East Tree farm to the west and south Level lot—slight slope down to the south CR 49 is a two lane all weather road. CR 6 and CR 4 are also is same type. Area is rural in character with rge t agricultural holdings and smaller residential parcels likely created through the Recorded Exe pti n pr cess. Sig ur o House(s) o Derelict Vehicles o Outbuilding(s) o Non-commercial junkyard(list components) ❑ Access to Property ❑ Irrigation Sprinkler o Crop Productions ❑ Crops ❑ Site Distance ❑ Wetlands o Mobile Home(s) ❑ Oil&Gas Structures o Other Animals On-Site o Wildlife ❑ Water Bodies o Utilities On-Site(transmission lines) o Ditch ❑ Topography • Note any commercial business/commercial vehicles that are operating from the site FIELD CHECK Inspection Date: 5/22/09 • APPLICANT: Keith Thoene CASE#: USR-1694 REQUEST: A Site Specific Development Plan and a Special Review Permit for a Use by Right,an accessory use,or a Use by Special Review in the Commercial or Industrial Zone District(storage of construction materials—steel doors and frames)in the(A)Agricultural Zone District. LEGAL: Lot B of RE-3050 being part of E2 NE4 being in Section 25,T1N, R65W of the 6th P.M.,Weld County,CO. LOCATION: West of and adjacent to County Road 49 and south of and adjacent to County Road 6. PARCEL ID#: 1473 25 000047 ACRES: 75.4+/-acres Zoning Land Use I { N Agricultural N Agricultural E Agricultural E Agricultural S Agricultural S Agricultural W Agricultural W Agricultural Comments: • Pole barn on site Dirt road Future home staked out on site Homes to the north and east Landscaping tree farm to the west and south Level lot— slight slope down to the south Signature o House(s) o Derelict Vehicles o Outbuilding(s) ❑ Non-commercial junkyard (list components) o Access to Property o Irrigation Sprinkler o Crop Productions ❑ Crops o Site Distance o Wetlands o Mobile Home(s) o Oil & Gas Structures • ❑ Other Animals On-Site ❑ Wildlife o Water Bodies ❑ Utilities On-Site (transmission lines) o Ditch ❑ Topography Note any commercial business/commercial vehicles that are operating from the site • 4 •(it DEPARTMENT OF PLANNING SERVICES SOUTHWEST OFFICE 424 LONGMON 2, COC 80504 • ill I PHONE: (720) 652-4210, Ext. 8730 pCFAX: (720) 652-4211 COLORADO March 6, 2009 Keith Thoene 1365 W Mulberry Ln Highlands Ranch CO 80129 Subject: USR-1694 - Request for a Site Specific Development Plan and Use by Special Review Permit for a Home Business (storage of construction materials -steel doors and frames) in the A (Agricultural)Zone District on a parcel of land described as Lot B of RE-3050 being part of E2 NE4 being in Section 25, Ti N, R65W of the 6th P.M., Weld County, Colorado. Dear Applicant: 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 show 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 Hudson Planning Commission for their review and comments. Please call Hudson at 303-536-9311 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 Hudson 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, 4O, IPIr Jacqueline Hatch Planner • • • • _ Acrair MEMORANDUM I Iwig C DATE: PA0 ' ase e, pre-application December 11, 200g COLORADO FROM: Kris Ranslem, Planning Technician SUBJECT: Pre-Application Meeting prior to submitting USR for storage of doors/door frames Attendees: Keith Thoene, Applicant Don Carroll, Public Works Kim Ogle, Planning Chris Gathman, Planning Kris Ranslem, Planning On Thursday, December 11, 2008 an informal discussion took place at the Greeley Administrative Offices Conference Room regarding the request to store metal doors and door • frames on property. (The legal description is Lot B RE-3050; Pt E2NE4 Section 25, Township 1 North, Range 65 West of the 6`h P.M.; Situs Address is 1601 CR 49) Background Information: The property is currently in violation (ZCV08-00360)for storing metal doors and door frames on pallets. The site encumbers approximately 73.17 acres. The applicant bought the property in 2007 and built a shed on the property in 2008. The applicant is proposing to build a house in February 2009. The pole shed was permitted by the Weld County Building Department and has a full concrete slab and electrical. No water or heat is in the building. The stored material (door/door frames)are from the applicant's business which serves high security systems and jails. Currently the applicant is providing material to a business in the Denver area and is storing the material on his property as a temporary site. The applicant expressed that he does not want employees coming on site to deliver/pick up material with his family on the premises. The materials will not be stored on site on a continuous basis but rather on rare occasion. The applicant intends to store material on southwestern portion of property and will have it screened. Currently he is able to access the stored material through a gated access on the southern part of his property from CR 49. The applicant indicated that his neighbor to the east turned him in for violation and is in • opposition. The remaining surrounding property owners have no concerns with the applicant's proposal. Public Works The applicant will need to submit a Site Plan identifying buildings (current and proposed), • • driveway, outside storage, etc. • No Traffic Study or Flood Hazard Development Permit will be required. Public Works will not require a Drainage Report but will require a water quality feature on site. The applicant indicated that he currently has a Soils Report. Public Works will request to trade the current gated access on the southern portion of the property from CR 49 to another access from CR 49. Staff recommends aligning the proposed access with the current access from neighbor to the east. Staff stated that CR 49 south of 1-76 will be an arterial roadway and will require a 140 foot right- of-way. Planning Department Planning Department will require opaque screening for outside storage. Staff was concerned in terms of what type of application to submit over the temporary storage and rare occasion of the stored materials. However they felt it was best to continue with the USR application. Staff explained the USR process -that the applicant shall submit 4 packets for our 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 applicant 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. Staff stated that the applicant must submit the USR application within 60 days from today to avoid violation hearings set in March. End memorandum. • MAR-02-2009 MON 11 :26 AM COUNTY PLANNING FAX NO. 40 304 6498 P. 01 404073(tiaa0f0 • KEITH COMMENTS FROM PLANNING SERVICES: PARCEL NO. 1473-25-0-00-047 LEGAL DESCRIPTION: LOT B RE-3050 BEING PART OF THE E2 NE4 SECTION 25. TOWNSHIP 1 NORTH. RANGE 65 WEST OF THE 6T" P.M., WELD COUNTY ZONE DISTRICT: AGRICULTURAL PROPOSED USE/ REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND A SPECIAL REVIEW PERMIT FOR A USE BY RIGHT, AN ACCESSORY USE, OR A USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICT (STORAGE OF CONSTRUCTION MATERIALS. [STEEL DOORS AND FRAMES FROM CONSTRUCTION SITES] AND OFFICE) IN THE A (AGRICULTURAL) ZONE • DISTRICT. QUESTIONNAIRE: 1, PROPOSED USE: STORAGE OF CONSTRUCTION MATERIALS THAT WERE NOT UTILIZED IN COMMERCIAL AND INDUSTRIAL CONSTRUCTION PROJECTS. MATERIALS ARE STORED INSIDE OF A 2007 POLE STRUCTURE SIMILAR TO A BARN. THERE ARE NO EXTERIOR LIGHTS. THERE IS A PROPOSED FENCE ASSOCIATED WITH THIS STRUCTURE. DELIVERY INTO AND OUT OF THIS STRUCTURE IS LIMITED TO XX TIMES/WEEK AND is ACCOMMODATED BY PICK-UP AND TRAILER WITHOUT COMMERCIAL INSIGNIA. 2. SECTION 22-2-100.E C.GOAL 5. STATES "MINIMIZE THE INCOMPATIBILITIES THAT OCCUR BETWEEN COMMERCIAL USES AND SURROUNDING PROPERTIES. THIS GOAL IS INTENDED TO ADDRESS CONVERSION OF AGRICULTURAL LAND TO MINIMIZE THE • INCOMPATIBILITIES THAT OCCUR BETWEEN USES IN THE AGRICULTURAL ZONE DISTRICT AND OTHER MAR-02-2009 MON 11 :32 AN 6D COUNTY PLANNING FAX NO.•0 304 6498 P. 02 • ZONED DISTRICTS THAT ALLOW URBAN USES. THE AGRARIAN APPEARING STRUCTURE UTILIZED FOR STORAGE BLENDS WITH THE CHARACTER OF THE SURROUNDING LANDS. THERE IS NO COMMERCIAL TRAFFIC PER SE, AND IS LIMITED TO A WEEKLY DELIVERY BY PERSONAL VEHICLE. 3. SECTION 23-3-40.R ALLOWS FOR A USE BY RIGHT, AN ACCESSORY USE, OR A USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICT. 4. DESCRIBE ADJACENT PROPERTIES, RESIDENCES. BARNS. PADDOCKS. FENCING, ET CETERA. 5.C HOURS ARE MONDAY - FRIDAY? OR MONDAY - ??? • 5.J HIGH SECURITY STEEL DOORS AND FRAMES FROM CONSTRUCTION SITE(S) 10. 3.5 CY DUMPSTER WILL BE SCREENED FROM ADJACENT PROPERTIES AND PUBLIC RIGHTS-OF-WAY AND PRIMARILY UTILIZED FOR HOUSEHOLD USE. WELD COUNTY ROAD ACCESS SHEET LABEL CR 49 (N/S) AND CR 6 (E/W) NORTH SIDE OF PARCEL SURROUNDING PROPERTY OWNERS UST OKAY DON'T FORGET TO IDENTIFY THE MINERAL LEASEHOLDER FOR PROPERTY. THE RECORDER'S OR TREASURER'S OFFICE FOR THE COUNTY IS ABLE TO ASSIST YOU IN THE TITLEWORK SEARCH. YOU NEED TO DO THE SEARCHING, THEY WILL GET YOU STARTED. MAP APPEARS TO BE ADEQUATE. END PLANNING DEPARTMENT COMMENTS. FEBRUARY 17, 2009 Hello