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Home My WebLink About20102258.tiff INVENTORY OF ITEMS FOR CONSIDERATION • AppLLcavvt Charles and Gail Schnuerle case Nuv1ber AmUSR 1218 sub fitted or Prepared Prior to At -rear6wg ffearvwg i staff Cowkw.eitts X nepa rtvv<ewt of PLa ww%wg sewLces Field Cheek Form. PLeirtuty0 Covi, vuissLovLey FLeld Check Form. — Letter to App LLca wt A f f%davit of sgv,posttuvg v Legal NotLfLcat[ovLS 2 AppLLcatLov,. X Maps need/ Easev&ect oertdflcate suvrourOirtg Propeq / MLweraL Owwers AtrLLt%es N 3 Referral List X Referrals without covu.vv.evtt X Weld County Zoning Compliance, referrals dated June 21, 2010 West Greeley Conservation District, referral dated June 23, 2010 Windsor-Severance Fire Protection District, referral dated June 23, 2010 -' 4 Referrals with covuLvu.evLts X Weld County Department of Building Inspection, referral dated June 22, 2010 City of Greeley, referral dated June 30, 2010 Weld County Department of Public Works, referrals dated July 19, 2010 Weld County Department of Public Health and Environment, referral dated July 24, 2010 (44,34-5 Toro 5 PC ExhLbLts ipAffidavit of sign posting with Photograph Gill 4 tti n m..c x EXHIBIT 2010-2258 v L ACC 11• hereb certifug that the 5 itevus Ldewtified heretm,were submitted to the Departwewt of PLawwi.t4.g services at or prior to thescheduL Pict wvtiwoocowth/Lss%owersheariwy. Kiwi. Dgle PLovwuer • S LAN USE• DON SHEET SUMMARY COLORADO Case Number: AmUSR-1218 Hearing Date: September 7, 2010 Applicant: Charles and Gail Schnuerle Site Address: 1261 95th Avenue, Greeley, CO 80634 Representative: Julie Cozad, Tetra Tech,Inc., 1900 S. sunset Street, Suite 1-F, Longmont, CO Request: A Site Specific Development Plan and an Amended Special Review Permit for one (1) Single Family Dwelling Unit (Manager/ Caretaker's Residence) per Lot other than those permitted under Section 23-3-20 A and an ongoing Home Business (Recreational Vehicle Parking and Indoor Storage Units) in the A (Agricultural) Zone District Legal Description: Lot A RE-1401, part E2NE4 Section 12, Township 5 North Range 67 West of the 6th P.M., Weld County, CO. Location: West of and adjacent to 95th Avenue, South of Business Route SH 34 (Tenth Street) Size of Parcel: 4.34 +/- Parcel Number: 0957-12-0-00-021 • POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS The criteria for review of this Special Review Permit is listed in Section 23-2-220 of the Weld County Code. The Department of Planning Services' staff has received responses from the following agencies: Without Comments: • Weld County Zoning Compliance, referrals dated June 21, 2010 • West Greeley Conservation District, referral dated June 23, 2010 • Windsor-Severance Fire Protection District, referral dated June 23, 2010 With Comments: • Weld County Department of Building Inspection, referral dated June 22, 2010 • City of Greeley, referral dated June 30, 2010 • Weld County Department of Public Works, referrals dated July 19, 2010 • Weld County Department of Public Health and Environment, referral dated July 21, 2010 The following agencies have not responded: • Town of Evans • Town of Milliken • Town of Windsor • Weld County Sheriffs Office • Milliken Fire Protection District EXHIBIT • Boomerang Ditch company • 1 AmUSR-1218 Schnuerle Page 1 • (ikit = SPECIAL REVIEW PERMIT ADMINISTRATIVE REVIEW COLORADO Planner: Kim Ogle Case Number: AmUSR-1218 Hearing Date: September 7, 2010 Applicant: Charles and Gail Schnuerle Site Address: 1261 95th Avenue, Greeley, CO 80634 Representative: Julie Cozad, Tetra Tech,lnc., 1900 S. sunset Street, Suite 1-F, Longmont, CO Request: A Site Specific Development Plan and an Amended Special Review Permit for one (1) Single Family Dwelling Unit (Manager/ Caretaker's Residence) per Lot other than those permitted under Section 23-3-20 A and an ongoing Home Business (Recreational Vehicle Parking and Indoor Storage Units) in the A (Agricultural)Zone District Legal Description: Lot A RE-1401, part E2NE4 Section 12, Township 5 North Range 67 West of the 6`h P.M., Weld County, CO. • Location: West of and adjacent to 95`h Avenue, South of Business Route SH 34 (Tenth Street) Size of Parcel: 4.34 +/- Parcel Number: 0957-12-0-00-021 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 22-2-100.A. C.Goal 1. Promote the location of commercial uses within municipalities, County Urban Growth Boundary areas, Intergovernmental Agreement urban growth areas, growth management areas as defined in municipal comprehensive plans, the Regional Urbanization Areas, Urban Development Nodes or where adequate services are currently available or reasonably obtainable. The existing storage units, residence and outbuildings are located in an enclave to the City of Greeley. Section 22-2-90.E. C.Goal 5 states: "minimize the incompatibilities that occur between commercial uses and surround properties." The site has mature landscaping and is neatly tended. There is the primary residence and • several outbuildings. The existing 180 storage unit facility is fenced and gated with healthy landscape treatment to soften the visual impacts. This proposal seeks to add outdoor vehicle storage and to convert one outbuilding into a caretaker's residence and office. Development Standards and Conditions of Approval will ensure that the proposed AmUSR-1218 Schnuerle Page 2 use will be compatible with the vicinity. The property is serviced by City of Greeley Water • and an Individual Sewage Disposal System. B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A (Agricultural) Zone District. Section 23-3-40.O and 23-3-40.L of the Weld County Code provides for a Site Specific Development Plan and a Special Review Permit for a Home Business (Recreational Vehicle and Indoor Storage Units) and one single family dwelling unit per lot(second home on the property) in the 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 property is primarily agricultural in nature with a few homes in close proximity. There are four parcels within 500 feet of the property, with one residence in proximity to the northeast. No comments have been received from the surrounding property owners. Conditions of Approval and Development Standards will ensure compatibility with the surrounding area. D. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with future development of the surrounding area as permitted by the existing zoning and with the future development as projected by Chapter 22 of the Weld County Code and any other applicable code provisions or ordinances in effect, or the adopted Master Plans of affected municipalities. The site is located within three miles of the Town of Evans, Town of Milliken, Town of Windsor and the City of Greeley. The City of Greeley returned a referral indicating no conflict with their interests, the Towns of Evans, Milliken and Windsor did not return a referral. E. Section 23-2-220.A.5 --The site does not lie within any Overlay Districts. 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.7 -- 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 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. Should the Planning Commission approve this request, the Department of Planning Services recommends that the following conditions of approval and development standards be attached: 1. Prior to recording the plat: A. The applicant shall submit a Landscape and Screening Plan to the Department of Planning Services for review and approval. Upon approval, the Landscape and Screening Plan shall be placed on the plat. (Department of Planning Services) B. The applicant shall submit a lighting plan for the site that is in compliance with Section 23-3-50.G of the Weld County Code. (Department of Planning Services) C. The applicant shall address the requirements of the Department of Public Works, as • stated in the referral response dated July 19, 2010. Written evidence of such from the Department of Public Works shall be submitted in writing to the Department of Planning Services. (Department of Planning Services) AmUSR-1218 Schnuerle Page 3 • D. The applicant shall submit documentation from the City of Greeley to Environmental Health Services, Weld County Department of Public Health & Environment which indicates the existing water service is adequate for the business. Provide written evidence of such to the Department of Planning Services. (Department of Public Health and the Environment) E. The applicant shall address the City of Greeley, Engineering Department requirements, as stated in the referral response dated July 16, 2010. Written evidence of approval from the City of Greeley, Engineering Department shall be submitted in writing to the Department of Planning Services. (Department of Planning Services) F. 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 by the Department of Public Health and Environment shall be provided to the 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) G. The applicant must describe, in detail, the storm water drainage on the property. Are • there any stormwater quality features and/or runoff control measures? Per our current standards, a water quality depression may be required. Please contact Public Works for more information and for assistance in sizing the feature. (Department of Public Works) H. The applicant shall submit three (3) paper copies of the plat for preliminary approval to the Weld County Department of Planning Services. (Department of Planning Services) The plat shall be amended to delineate the following: 1. All sheets of the plat shall be labeled AmUSR-1218. (Department of Planning Services) 2. The attached Development Standards. (Department of Planning Services) 3. Off street parking spaces including the access drive(s) shall be surfaced with gravel or the equivalent and shall be graded to prevent drainage problems. (Department of Planning Services) 4. County Road 29 (95th Avenue) is under the City of Greeley's jurisdiction. Access requirements will be addressed by the City of Greeley. The applicant shall verify and delineate on the plat the existing right-of-way and the documents creating the right-of-way. (Department of Public Works) 5. The applicant shall utilize the existing accesses to this parcel. All points of ingress and egress must be shown on the plat. (Department of Public Works) 6. The approved Lighting Plan. (Department of Planning Services) • 7. The approved Landscape and Screening Plan. (Department of Planning Services) AmUSR-1218 Schnuerle Page 4 • 8. The revised Circulation Plan. (Department of Planning Services) 9. The plat shall be prepared in accordance with Section 23-2-260.D of the Weld County Code. (Department of Planning Services) J. Prior to the issuance of the Certificate of Occupancy: 1. The applicant shall submit evidence that Septic Permit SP-1000069 has received final approval from Environmental Health Services, Weld County Department of Public Health & Environment. Evidence of approval by the Department of Public Health and Environment shall be provided to the Department of Planning Services. (Department of Public Health and the Environment 2 Upon completion of 1.. above the applicant shall submit a Mylar plat along with all other documentation required as Conditions of Approval. The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by Department of Planning Services' Staff. The plat shall be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code. The Mylar plat and additional requirements shall be submitted within thirty (30) days from the date of the Board of County Commissioners resolution. The applicant shall be responsible for paying the recording fee. (Department of Planning Services) 3. 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. 4. 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 Arcinfo 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 mapst7a.co.weld.co.us. (Department of Planning Services) 5. 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) • AmUSR-1218 Schnuerle Page 5 SITE SPECIFIC DEVELOPMENT PLAN • SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Charles and Gail Schnuerle AmUSR-1218 1. A Site Specific Development Plan and an Amended Special Review Permit for one (1) Single Family Dwelling Unit (Manager/ Caretaker's Residence) per Lot other than those permitted under Section 23-3-20 A and an ongoing Home Business (Recreational Vehicle Parking and Indoor Storage Units) 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 number of employees shall be limited to two (2). (Department of Planning Services) 4. The hours of operation are 24 hours 7 days a week for the parking and storage units. (Department of Planning Services) 5. The hours of operation for the office are 8:00 AM to 6:00PM daily. (Department of Planning Services) 6. The second home shall be for an employee related to the business on the property. (Department of Planning Services) 7. 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 the Environment) 8. 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 the Environment) 9. 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 the Environment) 10. The applicant shall operate in accordance with the approved "waste handling plan", at all times. (Department of Public Health and the Environment) 11. Fugitive dust and fugitive particulate emissions shall be controlled on this site. A dust suppressant shall be placed on the driveways, parking areas and loading zones to control any dust problems. (Department of Public Health and the Environment) 12. 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 the Environment) 13. Adequate handwashing and toilet facilities shall be provided for employees and patrons of the facility, at all times. (Department of Public Health and the Environment) 13. Sewage disposal 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 the Environment) AmUSR-1218 Schnuerle Page 6 14. The facility shall utilize the existing public water supply. (City of Greeley) (Department of Public • Health and the 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 the 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 applicant shall adhere to the approved Lighting Plan. (Department of Planning Services) 19. Any lighting used to illuminate the storage area, the parking area, outside activity area, sign or their structure shall be arranged as to deflect light away from adjoining residential zone and from public roads. Any lighting shall be designed, located, and operated in such a manner as to meet the following standards: sources of light shall be shielded so the beams or rays of light will not shine directly onto adjacent properties; neither the direct nor reflected light from any source may create a traffic hazard to operators of motor vehicles on public or private streets. (Department of Planning Services) 20. The southern portion of the existing storage units shall accommodate a 25-foot driving lane to provide adequate circulation. Dead end streets (Not cul-de-sacs) shall not be permitted. (Department of Planning Services) • 21. A dust suppressant shall be placed on the driveways, parking area and loading zones to control any dust problems. (Department of Planning Services) 22. The storage buildings must be painted with an earth-tone color, approved by the Weld County Department of Planning Services, to blend in with the landscaping. The structures must be kept in good repair at all times. (Department of Planning Services) 23. All items within the storage unit area must be stored within the structures at all times. No outdoor storage will be allowed in the storage unit area. (Department of Planning Services) 24. Outdoor storage of vehicles, machinery and aquatic vehicles must be screened from adjacent properties and public rights-of-way. (Department of Planning Services) 25. The applicant shall adhere to the approved Landscape and Screening Plan. (Department of Planning Services) 26. A trash receptacle must be provided for the public and must be screened from all adjacent properties and public rights-of-way. (Department of Planning Services) 27. No maintenance of stored vehicles will occur on site. (Department of Planning Services) 28. 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) 29. Pursuant to Chapter 15, Articles I and II of the Weld County Code, if noxious weeds exist on the • property or become established as a result of the proposed development, the applicant/landowner shall be responsible for controlling the noxious weeds. All vegetation, other than grasses, needs to be maintained at a maximum height of 12 inches until the area is AmUSR-1218 Schnuerle Page 7 completely developed. (Department of Public Works) • 30. A separate building permit shall be obtained prior to the construction of new structures, change of use or additions to structures. (Department of Building Inspection) 31. A plan review is required for each unit for which a building permit is required. Two complete sets of plans are required when applying for each permit. Plans shall bear the wet stamp of a Colorado registered Architect or Engineer. Include a Code Analysis Data sheet for the Weld County Building Department with each building permit. (Department of Building Inspection) 32. Buildings shall conform to the requirements of the various codes adopted at the time of the permit application. Currently the following has been adopted by Weld County: 2006 International Building Code; 2006 International Mechanical Code; 2006 International Plumbing Code; 2006 International Fuel Gas Code; 2006 International Energy Code; 2008 NEC; 2003 International ANSI 117.1 Accessibility Code and Chapter 29 of the Weld County Code. (Department of Building Inspection) 33. Buildings shall conform to the requirements of the various codes adopted at the time of permit application. (Department of Building Inspection) 34. All building plans shall be submitted to Windsor-Severance Fire Protection District for review and approval prior to issue of Building Permits. (Department of Building Inspection) 35. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240, Weld County Code. 36. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250, Weld County Code. • 37. 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. 38. 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. 39. 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. 40. 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 AmUSR-1218 Schnuerle Page 8 farm vehicles on rural roads; dust from animal pens, field work, harvest and gravel roads; odor • from animal confinement, silage and manure; smoke from ditch burning; flies and mosquitoes; hunting and trapping activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and fertilizers in the fields, including the use of aerial spraying. It is common practice for agricultural producers to utilize an accumulation of agricultural machinery and supplies to assist in their agricultural operations. A concentration of miscellaneous agricultural materials often produces a visual disparity between rural and urban areas of the County. Section 35-3.5- 102, C.R.S., provides that an agricultural operation shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that are commonly or reasonably associated with agricultural production. Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to assume that ditches and reservoirs may simply be moved "out of the way" of residential development. When moving to the County, property owners and residents must realize they cannot take water from irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water. Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice the size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of state and County roads outside of municipalities. The sheer magnitude of the area to be served stretches available resources. Law enforcement is based on responses to complaints more than on patrols of the County, and the distances which must be traveled may delay all emergency responses, including law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must leave their jobs and families to respond to emergencies. County gravel roads, no matter how often they are bladed, will not provide the same kind of surface expected from a paved road. Snow removal priorities mean that roads from subdivisions to arterials may not be cleared for several days after a major snowstorm. Services in rural areas, in many cases, will not be equivalent to municipal services. Rural dwellers must, by necessity, be • more self-sufficient than urban dwellers. People are exposed to different hazards in the County than in an urban or suburban setting. Farm equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center pivot operations, high speed traffic, sand burs, puncture vines, territorial farm dogs and livestock, and open burning present real threats. Controlling children's activities is important, not only for their safety, but also for the protection of the farmer's livelihood. • AmUSR-1218 Schnuerle Page 9 • $‘ 1C DEPARTMENT OF PLANNING SERVICES 1555 N 17th AVE atici I 8 GREELEY, CO 80631 PHONE: (970) 353-6100, Ext. 3540 FAX: (970) 304-6498 COLORADO August 23, 2010 Charles&Gail Schnuerle 1261 951h Ave Greeley CO 80634 Subject: AmUSR-1218-A Site Specific Development Plan and Amended Use by Special Review Permit for one (1) Single Family Dwelling Unit (manager/caretaker's residence) per lot other than those permitted under Section 23-3- 20.A of the Weld County Code, and an ongoing Home Business(storage units)in the A(Agricultural)Zone District on a parcel of land described as Lot A RE-1401; Part E2NE4 of Section 12, T5N, R67W of the 6th P.M., Weld County, Colorado. • Dear Applicants: I have scheduled a meeting with the Weld County Planning Commission on September 7, 2010, at 1:30 p.m. This meeting will take place in the Hearing Room, Weld County Planning Department, 918 101h Street, Greeley, Colorado. A subsequent hearing will be held on September 29, 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: http://www.co.weld.co.us/Departments/PlanningZoning/PlannincDepartment/index.html If you have any questions concerning this matter, please call. Respectfully, ' ^ Reason: signed by Kristine hisRanslem ��jygQ/KJ./f Reason: am signed b uthorne cument Location:1555 N 17th Ave Date:2010 O8.23 10:38:55-06'00' • Kim Ogle Planner r 1 PLANNING COMMISSION AND BOARD OF COUNTY COMMISSIONERS' SIGN POSTING CERTIFICATE • THE LAST DAY TO POST THE SIGN IS AUGUST 27, 2010 THE SIGN SHALL BE POSTED ADJACENT TO AND VISIBLE FROM A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY. IN THE EVENT THE PROPERTY BEING CONSIDERED FOR A SPECIAL REVIEW IS NOT ADJACENT TO A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY, THE DEPARTMENT OF PLANNING SERVICES SHALL POST ONE SIGN IN THE MOST PROMINENT PLACE ON THE PROPERTY AND POST A SECOND SIGN AT THE POINT AT WHICH THE DRIVEWAY (ACCESS DRIVE) INTERSECTS A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY. I, KIM OGLE, HEREBY CERTIFY UNDER PENALTIES OF PERJURY THAT THE SIGN WAS POSTED ON THE PROPERTY AT LEAST TEN DAYS BEFORE THE PLANNING COMMISSIONERS HEARING AND THE BOARD OF COMMISSIONERS HEARING FOR A SITE SPECIFIC DEVELOPMENT PLAN AND A SITE SPECIFIC DEVELOPMENT PLAN AND AN AMENDED SPECIAL REVIEW PERMIT FOR ONE (1) SINGLE FAMILY DWELLING UNIT (MANAGER/ CARETAKER'S RESIDENCE) PER LOT OTHER THAN THOSE PERMITTED UNDER SECTION 23-3-20 A AND AN ONGOING HOME BUSINESS(RECREATIONAL VEHICLE PARKING AND INDOOR STORAGE UNITS) IN THE A (AGRICULTURAL) ZONE DISTRICT [CHARLES AND GAIL SCHNUERLE] KIM OGLE Name of Person Posting Sign • Signature of Person Posting Sign STATE OF COLORADO ss. COUNTY OF WELDtn The foregoing instrument was subscribed and.sworn to me this? day of -¢f/X4fl D9i 2010. WITNESS my hand and official seal. ,,_'"=', , YY 40TR,0? r Y® otary Public My Commission Expires: o� • EXHIBIT cwt 4 fAU ra 1� S 8 . . . • . . , *3.t #•Ff " ,rig A 4♦ ,ti d , ., 4 _ • t kr • • ',f c 0‘ it. ,.. ; - ...3 I. • Aill , - 'IV 0, ' I yrtf; ♦ a • “ 1 • , I t'4911 -rt. Il! i rr 3 Q i(13 list,,v , .. .-4....- i As 0) 7 U x p ] o L = U . WH 1 .. , a_\ 4 13) Cn 21 Y s '; 3zyzitit 0 0 rt -11) C ID 0 is - � L iirt p Q I Ili N '� Ft M � 4...- --,�. cm C 4_, O O ;i �'C i 0 O(10 � Q' 2Q 0 ..... 0 It . . 0 i $111 0 .f..,iw . U0 a 1 2 iii I:::/ � , ,�. 1, , r; L. w t - .Z 0i •.,, . .. C V a0 u. 0 a cr va a; cs o ._ Q CC O U. -If Ai e � • .'e - �, j. • t• - 7• ,:J� -jr - • . Sri ♦ .y J r,,'.1- ,--' ' !' ` 1IP, I• . at - I]e , + - `I fc . 11 '} T�y`,,• -". i.t.k,. /it ,, � f� ("ter ,,."- A • q :.� .-1 ,' to •A 4 - • _ . _ A Public HearingConcerning THIS PROPERTY Will be Held at .• Commissioners HearingRoom. , Weld CountyCentennial Center 915 Tenth Street Greeley, CO On EPT tot 20 •_ , at : 10 : 00 A. M . Applicant : S 1-A t•stli 'Rik ...., Request: SPECIAL USe 'FielatAir relit lesiNAPuEl ROtate 'owe LAI. kilt*•UN ,,,,,4 # r tIVEK 1 .te,trat •L USW\t%' , N I 124 WS Cer Me) Case Number:Number:ANAAR, at Acres : 44 es64- FOR FURTHER INFORMATION PLEASE CO NTACT � rfot � aIIt 4 C.ki‘A Crs•LE. AT 970 -353 -6100 ext 3 Y SO bi 1f j 1 i. 5 # sw }, . - . , 1 t • 94 It 4. )13 y �� l �i , b e ar v ' ' tr, / is k -� r�. 491 idi t P • il , 14, . ,.,„a . m t is .19 _.4.4 . ,,,ill A- a 4. .‘ ,.... • , .,,,_4, , S ,- . ` i i. r. • ��J✓''S..' ig 4- g se 11."' is tlles • r V 1 4 '� ,fit ^ , f• • •I '' " • �n : `I • • . .rd. a • ,�, y .1 , A..,,, c , . 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'(, 1.' _.•a•:,.... -.J•. _ : ig �'yl lilt. • ,•tI `- • { 4r �' • r 4 w' A ,•t t _ � I'• ; / X711 a t• ` ' ' \ ' r r •i 'q�I 1.w 4 4I.�fit- �; .• .� • /. .'T 7-‘ • . ' Amt i V...sitiii NT r • • app.• a - f ` l r , lit s ' I!1 1. ,i r ft All.a'f. • 1 • iill FIELD CHECK Inspection Date: July 23, 2010 • APPLICANT: Gail + Charles Schnuerle CASE #: AMUSR-1218 REQUEST: A Site Specific Development Plan and an Amended Special Review Permit for one ( 1 ) Single Family Dwelling Unit (Manager/ Caretaker's Residence) per Lot other than those permitted under Section 23-3-20 A and an ongoing Home Business (Storage Units) in the A (Agricultural) Zone District. LEGAL: Lot A RE-1401 , part E2NE4 Section 12, Township 5 North Range 67 West LOCATION : West of and adjacent to 95th Avenue, South of Business Route SH 34 (Tenth Street) PARCEL ID #: 0957- 12-0-00-021 ACRES : 4. 34 +/- Zoning Land Use N Agricultural N Agricultural Field E Agricultural E Agricultural Field S Agricultural S Agricultural Field W Agricultural W Agricultural Field Comments: The property is well cared for with mature landscaping. Three accesses are visually present, a circle drive for the residence and associated buildings and a separate one for the indoor mini-storage, north of • the residence. All accesses are paved . The mini-storage component is fenced and gated , with multiple storage "garages" in rows traversing the site at a slight east west angle. A cellular antennae is within the fenced yard and is estimated to be less than 70 feet in height. An illuminated sign is present at the access drive Additional RV, trailer and associated vehicles are parked south of the "proposed office" on the south side of the property. The area is visible, and offers no opaque screening. A single row of mature deciduous trees aligned in a north-south direction provides separation from the street (95th Avenue). Visual inspection identified no land use violations that could not be addressed through the Amendment to the Special Use Permit. I - - y r +......;. -, ' ..,.- -T--':-r-. ..., ni. ; 7 o' Ait. "r. - • `-±itLir • -'a:4i ., _ i fri . 4 ' -;?..: lagMinalkil . .. _ -arlariii. ,f‘ ♦ r ��+�.�..�.. J �iiiillt hi 1 7 .`i PP� JJ : lads - �.�S JJI a411 . P • Signa ure • FAX TRANSMISSION DEPARTMENT OF PLANNING SERVICES Greeley Office—Planning kogle@co.weld.co.us PHONE: (970) 353-6100, Ext. 3549 WIIDc FAX: (970) 304 6498 . COLORADO To: Date: July 22, 2010 Julie Cozad. Fax: rs ` Pages: 4, including Cover Sheet Phone: From: Kim Ogle Subject: Schnuerle Referrals, AmUSR-1218 COMMENTS: • CONFIDENTIAL This facsimile is intended only for the use of the individual or entity to which it is addressed and may contain information that is privileged,confidential, and exempt from disclosure under applicable law. If the reader of this facsimile is not the intended recipient nor the employee or agent responsible for delivering the facsimile to the intended recipient,you are hereby notified that any dissemination,distribution, or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by telephone and return the original message to us at the above address via the U.S. Postal Service. Thank you. • Kim Ogle om: Trevor Jiricek nt: Wednesday, July 21, 2010 3:59 PM Lin Dodge; Frank Piacentino; Kenneth Swanson; Kim Ogle Subject: BCR10-00446 All, We have rec'd a request for early release of the above building permit. We have received all referrals for the USR and none are of significance. Please release this building permit so the Schnuerle's can get rolling. Please let me know if there are any questions. THANKS! Trevor Jiricek Director Department of Planning& Environmental Health Services 1555 N. 17th Avenue Greeley, Colorado 80631 Email: tiiricek(Wco.weld.co.us Office n:970-353-6100, Extension 2214 Fax a:970-304-6498 • • 1 • • Kristine Ranslem 0orom: Kristine Ranslem nt: Monday, June 21, 2010 2:55 PM : 'G7757@aol.com' Subject: Case AmUSR-1218 Attachments: amusr1218.pdf Please see the attached letter. KristCwe Rcu,&slevu. Planning Technician Weld County Planning Services 1555 N 17th Ave, Greeley CO 80631 970-353-6100 ext. 3519 • • 1 • • DEPARTMENT OF PLANNING SERVICES 1555 N 17th AVE GREELEY, CO 80631 PHONE: (970) 353-6100, Ext. 3540 ' FAX: (970)304-6498 COLORADO June 21, 2010 Charles&Gail Schnuerle 1261 95th Ave Greeley CO 80634 Subject: AmUSR-1218 - Request for a Site Specific Development Plan and Amended Use by Special Review Permit for one (1) Single Family Dwelling Unit (manager/caretaker's residence) per lot other than those permitted under Section 23-3-20.A and an ongoing Home Business (storage units) in the A (Agricultural)Zone District on a parcel of land described as Lot A RE-1401; Part E2NE4 of Section 12, T5N, 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 Evans, Greeley, Milliken, and Windsor Planning Commission for their review and comments. Please call Evans at 970-339-5344, Greeley at 970-350-9741, Milliken at 970-587-4331, and Windsor at 970-674-2400 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 Evans, Greeley, Milliken, and Windsor 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, DReasollyn: signeday Kristine Ra dlom Location am the author thisne document Location:1555 N 17th Ave Date:2010 06 21 09:55:20-06'00' Kim Ogle Planner • • Kristine Ranslem rom: Kristine Ranslem nt: Monday, June 21, 2010 2:55 PM a: 'Erich Ehrlich' Subject: AmUSR-1218 Field Inspection Attachments: amusr-1218.docx We have just received a case (AmUSR-1218) in which we ask that you submit the attached field inspection sheet to us by July 21, 2010. You may view the case material at: http://www.co.weld.co.us/Departments/PlanningZoninq/PlannincIDepartment/index.html#AmUSR- 1218 If you have any questions, please let me know. Thank you! KrktLwe izo wSLevu Planning Technician Weld County Planning Services 1555 N 17th Ave, Greeley CO 80631 970-353-6100 ext. 3519 • • 1 Kristine Ranslem ubject: PRE-APP MEETING SCHNUERLE -- CONFIRMED cation: 1555 NORTH 17TH AVENUE, GREELEY, CO 80631 (970) 353-6100 X 3540 Start: Fri 4/16/2010 11:00 AM End: Fri 4/16/2010 12:00 PM Recurrence: (none) Meeting Status: Accepted Organizer: Kim Ogle Required Attendees: 'G7757@AOL.COM'; Kim Ogle; Kristine Ranslem; Tom Parko; Donald Carroll; Heidi Hansen; Lauren Light; Kenneth Swanson When: Friday, April 16, 2010 11:00 AM-12:00 PM (GMT-07:00) Mountain Time (US& Canada). Where: 1555 NORTH 17TH AVENUE, GREELEY, CO 80631 (970) 353-6100 X 3540 Note: The GMT offset above does not reflect daylight saving time adjustments. OWNER: CHARLES AND GAIL SCHUERLE SITUS: 1261 95TH AVENUE GREELEY PARCEL: 0957-12-0-00-021 LEGAL: LOT A RE-1401; PT E2 NE4 12-5-67 gliONING: AG CREAGE: 5 WATER: CITY OF GREELEY SEWER: SEPTIC REQUEST: MANAGER HOUSING FOR STORAGE UNITS LAND USE PERMIT: USR-1218 ros Ed SCHUERLE SCHUERLE 00991059.001.tif SESSOR PROFILE.hi USR1218 PLAT.pdf • 1 • _ 444'4;4 MEMORANDUM Wil�. TO: PA10-035; Case File, pre-application COLORADO DATE: April 16, 2010 FROM: Kris Ranslem, Planning Technician SUBJECT: Pre-Application Meeting prior to submitting Amend USR-1218 to include manager housing Attendees: Charles Schnuerle, Applicant Don Carroll, Public Works Frank Piacentino, Building Lauren Light, Environmental Health Tom Parko, Planning Kim Ogle, Planning Kris Ranslem, Planning • On Friday, April 16, 2010 an informal discussion took place at the Greeley Administrative Offices Conference Room regarding a proposed manager's housing. (The legal description is Lot A RE- 1401; Part E2 NE4 of Section 12, T5N, R67W of the 6th P.M.; Situs Address is 1261 95th Ave) Background Information: Currently, USR-1218 allows the use of storage units on the applicant's property. The applicant would like to add a manager's house to the site. There is an existing shed on the property which was originally used as a milking barn. This structure consists of a 20 foot by 20 foot cinder block with concrete foundation area which currently serves as the office for the storage units. The applicant would like to gut this building and transform it into the manager's quarters (approximately 1,000 square feet). Building Department The applicant will need to have an engineer or architect design the building to comply with current Weld County Building Codes. A complete set of plans will need to be submitted. Health Department The applicant expressed that he will install a new septic system for the proposed building. A commercial designed septic system will need to be installed as it is for the business. The applicant indicated that he did install lavatories at the storage units. Public Works The access to the site is existing. • Drainage Plan was a part of the existing USR-1218. No traffic study is required. The site is not located in a floodplain. • 95th Avenue has been annexed into the City of Greeley Planning Department Staff recommended the applicant visit with the City of Greeley in regard to annexation as this property is an enclave and the property owner to the west has requested annexation previously. The applicant indicated that Greeley has expressed interest in annexing their land. Staff directed the applicant to talk to Brad Mueller with the City of Greeley. If the City of Greeley is not interested in annexing,then the applicant would be required to submit an amended USR application. The application fee is $2500. Staff urged the applicant to contact staff for any questions: Planner On Call available Monday through Thursday 7:30 a.m. to 4:30 p.m. Staff explained the USR process. The applicant shall submit 4 packets for a 7 day completeness review. After the 7 day completeness review the applicant will be informed of what items are still required to make the application complete. Staff requested that the applicant submit the remaining material in electronic form. Upon submittal of a completed application it will be sent out for referral for 28 days. The applicant will then meet with their Planner to discuss the referrals and address as many of the referrals as possible. At that meeting the Planning Commission hearing will be scheduled. The Board of County Commissioners hearing typically follows approximately 3 weeks after the Planning Commission hearing. The above notes are provided as a courtesy to the applicant. While we strive to identify significant issues, the • above notes may not identify all issues, even major 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. End memorandum. Hello