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Home My WebLink About20101248.tiff INVENTORY OF ITEMS FOR CONSIDERATION • Applicant Troy and Judy Hefner Case Number USR-1737 Submitted or Prepared Prior to At Hearing Hearing 1 ✓ Staff Comments X Department of Planning Services Field Check Form X ✓ Letter to Applicant X Affadavit of sign posting (.6 i.& moo (45~tat5) X Legal Notifications X 2 L' Application X Maps X Deed/Easement Certificate X / Surrounding Property/Mineral Owners X V Utilities X • 3 ✓ Referral List X Referrals without comment ✓ Colorado Division of Wildlife, referral dated 2/3/2010 X X Town of Erie, referral dated 2/8/2010 4 Referrals with comments X A v Weld County Department of Public Health and Environment, referral dated 4/20/2010 1/ Mountain View Fire Protection District, referral dated 2/4/2010 A / Colorado Division of Water Resources, referral dated 2/4/2010 X ✓ vveiu c,uurny tuning c,umpudnue, referral uateu Z/J/ZU to X V Weld County Department of Building Inspection, referral dated 2/16/2010 X Weld County Department of Public Works, referral dated 3/1/2010 X A X • niE Commission Resolution Exiiterr 2010-1248 1 I hereby certify that the USR-1737 items identified herein were submitted to the Department of • Planning Services at or prior to the scheduled PI n g C is oners hearing. y/e7/ Michelle Martin 1. Planner • • iett USE ALICAT • wine LAND SUMMARPYPSHEETION COLORADO Planner: Michelle Martin Case Number: USR-1737 Hearing Date: June 1, 2010 Applicant: Tray and Judy Hefner Site Address: 4343 County Road 6 Request: A Site Specific Development Plan and a Special Review Permit for a business permitted as a use by right or accessory use in the Commercial Zone District (storage of commercial equipment and vehicles, fabrication, auto storage and repair) and Agricultural Service establishments primarily engaged in performing agricultural, animal husbandry or horticultural services on a fee or contract basis, including: Farm equipment sales, repair and installation facilities and one (1) Single Family Dwelling Unit per Lot other than those permitted under Section 23- 3-20 A in the A(Agricultural) Zone District. Legal Description: Part of the E2 W2 SE4 SW4 of Section 23, T1N, R68W the 6th P.M., Weld County, CO • Location: North of and adjacent to CR 6 and approximately %. mile East of 1-25 Size of Parcel: +/- 8.75 Acres Parcel Number: 1467 23 000005 POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS The criteria for review of this Special Review Permit is listed in Section 23-2-220 of the Weld County Code. The Department of Planning Services' staff has received responses from the following agencies: Without Comments: • Colorado Division of Wildlife, referral dated 2/3/2010 • Town of Erie, referral dated 2/8/2010 With Comments: • Weld County Department of Public Health and Environment, referral dated 4/20/2010 • Weld County Department of Public Works, referral dated 3/1/2010 • Weld County Department of Building Inspection, referral dated 2/16/2010 • Weld County Zoning Compliance, referral dated 2/3/2010 • Colorado Division of Water Resources, referral dated 2/4/2010 • Mountain View Fire Protection District, referral dated 2/4/2010 • The following agencies have not responded: EXHIBIT USR-1737 Hefner Page 1 _� • Weld County Sheriffs Office • • City of Dacono • Town of Frederick • Central Weld County Water District • Weld County Department of Planning Services, Landscape • Adams County • Broomfield County • Weld County Ambulance Services • Colorado Department of Transportation • West Adams Soil Conservation District • City of Northglenn • Weld County School District RE-1J • Bull Canal • • USR-1737 Hefner Page 2 • SPECIAL REVIEW PERMIT `�/ s;Ii ADMINISTRATIVE REVIEW WI`Dc. COLORADO Planner: Michelle Martin Case Number: USR-1737 Hearing Date: June 1, 2010 Applicant: Troy and Judy Hefner Site Address: 4343 County Road 6 Request: A Site Specific Development Plan and a Special Review Permit for a business permitted as a use by right or accessory use in the Commercial Zone District (storage of commercial equipment and vehicles, fabrication, auto storage and repair) and Agricultural Service establishments primarily engaged in performing agricultural, animal husbandry or horticultural services on a fee or contract basis, including: Farm equipment sales, repair and installation facilities and one (1) Single Family Dwelling Unit per Lot other than those permitted under Section 23- 3-20 A in the A (Agricultural) Zone District. • Legal Description: Part of the E2 W2 SE4 SW4 of Section 23, T1N, R68W the 6th P.M., Weld County, CO Location: North of and adjacent to CR 6 and approximately '/. mile East of 1-25 Size of Parcel: +/- 8.75 Acres Parcel Number: 1467 23 000005 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.2 (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." Development Standards and Conditions of Approval will • ensure that the proposed use will be compatible with the area. The surrounding property is primarily residential in nature. Section 23-2-240.A.10 of the Weld County Codes states "...that buffering or screening of the proposed use from adjacent properties may be USR-1737 Hefner Page 3 required in order to make the determination that the proposed use is compatible with the • surrounding uses." Condition #6 requires the applicant to screen the outdoor storage and parking areas from surrounding properties and public rights of way. 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.B.4, Section 23-3-40.R, and Section 23-3- 40.L of the Weld County Code allows for A Site Specific Development Plan and a Special Review Permit for a business permitted as a use by right or accessory use in the Commercial Zone District (storage of commercial equipment and vehicles, fabrication, auto storage and repair) and Agricultural Service establishments primarily engaged in performing agricultural, animal husbandry or horticultural services on a fee or contract basis, including: Farm equipment sales, repair and installation facilities and one (1) Single Family Dwelling Unit per Lot other than those permitted under Section 23-3-20 A in the A(Agricultural) Zone District. Currently the property is in violation (ZCV09-00114) for the operation of a commercial business and commercial storage without an approved and recorded Use by Special Review permit (USR). If the USR is approved, the violation will be closed. If denied, the case shall be referred to the County Attorney's office but delay legal action for 30 days in order to give the applicant's time to remove one of homes and the commercial business and storage. C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing surrounding land uses. The property to the west is in Althen Boyer Subdivision and is zoned C-3 (Business Commercial) and currently houses several commercial operations. The property to the north, south and east is within the City and County of Broomfield. The property is located • within the three mile referral area for the Cities of Dacono and Northglenn, and the Towns of Frederick and Erie, Adams County and the City and County of Broomfield. The Town of Erie in their referral dated 2/8/2010 indicated no conflicts with their interest. The Weld County Department of Planning Services has not received referrals from Cities of Dacono and Northglenn, Town of Frederick, Adams County and the City and County of Broomfield. Staff believes that the Conditions of Approval and Development Standards will ensure that the use will be compatible with existing land uses D. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with future development of the surrounding area as permitted by the existing zoning and with the future development as projected by Chapter 22 of the Weld County Code and any other applicable code provisions or ordinances in effect, or the adopted Master Plans of affected municipalities. The property is not located within an Intergovernmental Agreement Area but does lie within the three mile referral area for the Cities of Dacono and Northglenn, and the Towns of Frederick and Erie, Adams County and the City and County of Broomfield. The Town of Erie in their referral dated 2/8/2010 indicated no conflicts with their interest. The Weld County Department of Planning Services has not received referrals from Cities of Dacono and Northglenn, Town of Frederick, Adams County and the City and County of Broomfield. The property to the west is in Althen Boyer Subdivision and is zoned C-3 (Business Commercial). The property to the north, south and east is within the City and County of Broomfield. The City and County of Broomfield did not respond to the referral request. Staff believes that the Conditions of Approval and Development Standards will ensure that the use will be compatible with existing land uses. E. Section 23-2-220.A.5 --The application complies with Article V of the Weld County Code. • The existing site is within the County Road Impact Fee Area, Capital Expansion Impact Fee, and the Stormwater/Drainage Impact Fee area. USR-1737 Hefner Page 4 Effective January 1, 2003, Building Permits issued on the proposed lots will be required • to adhere to the fee structure of the County Road Impact Program. (Ordinance 2002-11) Effective August 1, 2005, Building permits issued on the subject site will be required to adhere to the fee structure of the Capital Expansion Impact Fee. (Ordinance 2005-8, Section 5-8-40) F. Section 23-2-220.A.6 -- The applicant has demonstrated a diligent effort to conserve prime agricultural land in the locational decision for the proposed use. The subject site is classified as "Prime (Irrigated) Farmlands of National Importance" as delineated on the "Important Farmlands of Weld County" map, dated 1979. This size of the parcel (8.75 acres) and is currently developed as a residential property therefore it is not conducive to farming. G. Section 23-2-220.A.7 — There is adequate provisions for the protection of health, safety, and welfare of the inhabitants of the neighborhood and County. The Design Standards (Section 23-2-240, Weld County Code), Operation Standards (Section 23-2-250, Weld County Code), Conditions of Approval and Development Standards can ensure that there are adequate provisions for the protection of health, safety, and welfare of the inhabitants of the neighborhood and County. This recommendation is based, in part, upon a review of the application materials submitted by the applicant, other relevant information regarding the request, and responses from referral entities. 1. The plat shall be amended to delineate the following: • A. All sheets of the plat shall be labeled USR-1737. (Department of Planning Services) B. The attached Development Standards. (Department of Planning Services) C. The plat shall be prepared in accordance with Section 23-2-260.D of the Weld County Code. (Department of Planning Services) D. The applicant shall delineate the size of the water quality feature on the plat. (Department of Public Works) E. The applicant shall identify the size of the recycled asphalt tracking apron on the plat. (Department of Public Works) F. The applicant shall show a detail of the proposed sign on the plat. The sign shall adhere to Article IV Division 2 of the Weld County Code. (Department of Planning Services) G. The approved Screening Plan. (Department of Planning Services) H. Parking areas and the access drive shall be surfaced with gravel, recycled asphalt or the equivalent and shall be graded to prevent drainage problems. (Department of Public Works) Areas used for storage or trash collection shall be screened from adjacent public rights-of-way and all adjacent properties. These areas shall be designed and used in a manner that will prevent wind or animal scattered trash. (Department • of Planning Services) J. The Department of Planning Services has determined from the application USR-1737 Hefner Page 5 materials that eighteen (18) parking spaces and one (1) ADA parking space will • be required on site. Each parking space should be equipped with wheel guards where needed to prevent vehicles from extending beyond the boundaries of the space and from coming into contact with other vehicles, walls, fences, sidewalks, or plantings. (Department of Planning Services) K. The applicant shall verify with the City and County of Broomfield the existing right-of-way and the documents creating the right-of-way for County Road 6. (Department of Planning Services) L. The applicant shall delineate any onsite lighting on the plat. The lighting shall be down casted and shielded. (Department of Planning Services) M. The plat shall show all recorded easements specifically the high pressure gas line. (Department of Planning Services) 2. 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 & Environment. Evidence of their approval shall be submitted to the Weld County Department of Planning Services. (Department of Public Health and Environment) 3. In the event the applicant intends to utilize the existing septic system at either of the existing homes, for employee, patron or visitor use, the septic system shall be reviewed by a Colorado Registered Professional Engineer. The review shall consist of observation of the system and a technical review describing the systems ability to handle the proposed hydraulic load. The review shall be submitted to the Environmental Health Services Division of the Weld County Department of Public Health and Environment. In the event the system is found to be inadequately sized or constructed the system shall be brought into compliance with current Regulations. Evidence of • their approval shall be submitted to the Weld County Department of Planning Services. (Department of Public Health and Environment) 4. 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 their approval shall be submitted to the Weld County Department of Planning Services. The plan shall include at a minimum, the following: A) A list of wastes which are expected to be generated on site (this should include expected volumes and types of waste generated). B) A list of the type and volume of chemicals expected to be stored on site. C) 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) 5. The applicant shall address the requirements (concerns) of Weld County Department of Building Inspection, as stated in the referral response dated 2/16/2010. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Building Inspection) 6. The applicant shall submit to the Weld County Department of Planning Services a screening plan for review and approval. The screening plan shall screen all outdoor storage and parking areas from adjacent rights of way and surrounding properties. (Department of Planning Services) 7. The applicant shall enter into a Private Improvements Agreement according to policy regarding • collateral for improvements and post adequate collateral for all transportation (access drive, parking areas, et cetera) and non-transportation (fencing, screening, drainage et cetera). The agreement and form of collateral shall be reviewed by County Staff and accepted by the Board of USR-1737 Hefner Page 6 County Commissioners prior to recording the USR plat. The applicant may submit evidence that • all the work has been completed and reviewed by the Department of Planning Services and the Department of Public Work. (Department of Planning Services) 8. The applicant shall either submit a copy of an agreement with the property's mineral owner/operators stipulating that the oil and gas activities have been adequately incorporated into the design of the site or show evidence that an adequate attempt has been made to mitigate the concerns of the mineral owner/operators. The plat shall be amended to include any possible future drilling sites and/or setbacks. (Department of Planning Services) 9. Upon completion of 1 - 8 above the applicant shall submit three (3) paper copies of the plat for preliminary approval to the Weld County Department of Planning Services. Upon approval of the paper copies the applicant shall submit a Mylar plat along with all other documentation required as Conditions of Approval. The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by Department of Planning Services' Staff. The plat shall be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code. The Mylar plat and additional requirements shall be submitted within thirty (30) days from the date of the Board of County Commissioners resolution. The applicant shall be responsible for paying the recording fee. (Department of Planning Services) 10. In accordance with Weld County Code Ordinance 2006-7 approved June 1, 2006, should the plat not be recorded within the required sixty (60) days from the date the Board of County Commissioners resolution a $50.00 recording continuance charge shall added for each additional 3 month period. (Department of Planning Services) 11. The Department of Planning Services respectively requests the surveyor provide a digital copy of this Use by Special Review. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles, Arclnfo Coverages and Arclnfo Export files • format type is .e00. The preferred format for Images is .tif(Group 4). (Group 6 is not acceptable). This digital file may be sent to mansco.weld.co.us. (Department of Planning Services) 12. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder. (Department of Planning Services) 13. Prior to the issuance of the Certificate of Occupancy: A. An individual sewage disposal system is required for the proposed facility and shall be installed according to the Weld County Individual Sewage Disposal Regulations. The septic system is required to be designed by a Colorado Registered Professional Engineer according to the Weld County Individual Sewage Disposal Regulations. (Department of Public Health and Environment) • USR-1737 Hefner Page 7 • SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Troy and Judy Hefner USR-1737 1. A Site Specific Development Plan and a Special Review Permit for a business permitted as a use by right or accessory use in the Commercial Zone District (storage of commercial equipment and vehicles, fabrication, auto storage and repair) and Agricultural Service establishments primarily engaged in performing agricultural, animal husbandry or horticultural services on a fee or contract basis, including: Farm equipment sales, repair and installation facilities and one (1) Single Family Dwelling Unit per Lot other than those permitted under Section 23-3-20 A 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 all commercial activities are 6:00am to 8:00pm Monday through Friday. (Department of Planning Services) 4. Five (5) is the maximum number of employees for all commercial activities on site. (Department of Planning Services) 5. 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) 6. Any vehicle washing areas shall capture all effluent and prevent discharges in accordance with the Rules and Regulations of the Water Quality Control Commission, and the Environmental Protection Agency. (Department of Public Health and Environment) 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 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 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 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. 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) • 12. The applicant shall operate in accordance with the approved "waste handling plan", at all times. (Department of Public Health and Environment) USR-1737 Hefner Page 8 • 13. Sewage disposal for the facility shall be by septic system. Any septic system located on the property must comply with all provisions of the Weld County Code, pertaining to Individual Sewage Disposal Systems. (Department of Public Health and Environment) 14. Adequate drinking, hand washing and toilet facilities shall be provided for employees, patrons and visitors of the facility, at all times. (Department of Public Health and Environment) 15. A permanent, adequate water supply shall be provided for drinking and sanitary purposes. The facility shall utilize Central Weld County Water District. (Department of Public Health and Environment) 16. All potentially hazardous chemicals must be stored and handled in a safe manner in accordance with product labeling and in a manner that minimizes the release of hazardous air pollutants (HAP's) and volatile organic compounds (VOC's). (Department of Public Health and Environment) 17. If applicable, the applicant shall obtain a stormwater discharge permit from the Colorado Department of Public Health & Environment, Water Quality Control Division. (Department of Public Health and Environment) 18. Effective January 1, 2003, Building Permits issued on the lot will be required to adhere to the fee structure of the Weld County Road Impact Program. (Ordinance 2002-11) (Department of Planning Services) 19. Effective August 1, 2005, Building permits issued on the subject site will be required to adhere to the fee structure of the Capital Expansion Impact Fee and the Stormwater/Drainage Impact Fee. (Ordinance 2005-8 Section 5-8-40) (Department of Planning Services) • 20. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240, Weld County Code. 21. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250, Weld County Code. 22. Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties where such would cause a nuisance or interfere with the use on the adjacent properties in accordance with the plan. Neither the direct nor reflected light from any light source may create a traffic hazard to operators of motor vehicles on public or private streets. No colored lights may be used which may be confused with or constructed as traffic control devices. (Department of Planning Services) 23. The Screening on site shall be maintained in accordance with the approved Screening Plan on the plat. (Department of Planning Services) 24. 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 completely developed. (Department of Public Works) 25. Weld County is not responsible for the maintenance of drainage related features. (Department of Public Works) 26. Personnel from 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. USR-1737 Hefner Page 9 27. 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.B.13 of the Weld County Code do not require 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) 28. Buildings shall conform to the requirements of the various codes adopted at the time of permit application. Currently the following has been adopted by Weld County: 2006 International Building Code; 2006 International Residential Code; 2006 International Mechanical Code; 2006 International Plumbing Code; 2006 International Fuel Gas Code; 2006 International Energy Code; 2003 ICC ANSI 117.1 Accessibility Code; 2008 National Electrical Code and Chapter 29 of the Weld County Code. (Department of Building Inspection) 29. All building plans shall be submitted to Mountain View Fire Protection District for review and approval prior to issue of Building Permits. (Department of Building Inspection) 30. 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) 31. 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 completely developed. (Department of Public Works) • 32. 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. 33. 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. 34. 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 USR-1737 Hefner Page 10 assist in their agricultural operations. A concentration of miscellaneous agricultural materials • often produces a visual disparity between rural and urban areas of the County. Section 35-3.5- 102, C.R.S., provides that an agricultural operation shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that are commonly or reasonably associated with agricultural production. Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to assume that ditches and reservoirs may simply be moved "out of the way" of residential development. When moving to the County, property owners and residents must realize they cannot take water from irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water. Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice the size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of state and County roads outside of municipalities. The sheer magnitude of the area to be served stretches available resources. Law enforcement is based on responses to complaints more than on patrols of the County, and the distances which must be traveled may delay all emergency responses, including law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must leave their jobs and families to respond to emergencies. County gravel roads, no matter how often they are bladed, will not provide the same kind of surface expected from a paved road. Snow removal priorities mean that roads from subdivisions to arterials may not be cleared for several days after a major snowstorm. Services in rural areas, in many cases, will not be equivalent to municipal services. Rural dwellers must, by necessity, be more self-sufficient than urban dwellers. People are exposed to different hazards in the County than in an urban or suburban setting. Farm equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center pivot operations, high speed traffic, sand burs, puncture vines, territorial farm dogs • and livestock, and open burning present real threats. Controlling children's activities is important, not only for their safety, but also for the protection of the farmer's livelihood. • USR-1737 Hefner Page 11 • DEPARTMENT OF PLANNING SERVICES rt4o 15 N 178h AVE GREE55 CO 80631 PHONE: (970) 353-6100, 3540 304 55 FAX: (970)304-6498 COLORADO April 28, 2010 Troy&Judy Hefner 370 CR 16.5 Longmont CO 80504 Subject: USR-1737-A Site Specific Development Plan and Use by Special Review Permit for a Business Permitted as a Use by Right or Accessory Use in the Commercial Zone District(storage of commercial equipment and vehicles, fabrication, auto storage and repair) and Agricultural Service Establishments primarily engaged in performing agricultural, animal husbandry or horticultural services on a fee or contract basis, including: farm equipment sales, repair and installation facilities, and one (1) single family dwelling unit per lot other than those permitted under Section 23-3-20.A of the Weld County Code, in the A(Agricultural)Zone District on a parcel of land described as Part • of the E2 W2 SE4 SW4 of Section 23,T1 N, R68W of the 6th P.M.,Weld County, Colorado. Dear Applicants: I have scheduled a meeting with the Weld County Planning Commission on June 1, 2010, at 1:30 p.m. This meeting will take place in the Hearing Room, Weld County Planning Department, 918 10'" Street, Greeley, Colorado. A subsequent hearing will be held on June 16, 2010 at 10:00 a.m., in the Chambers of the Board of County Commissioners, Weld County Centennial Center, 915 109) Street, First Floor, Greeley, Colorado. It is recommended that you and/or a representative be in attendance to answer any questions the Planning Commission members or Board of County Commissioners may have. Colorado Revised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01-1088) requires notification of all mineral estate owners 30 days prior to any public hearing. The applicant needs to provide the Weld County Planning Department with written certification indicating the above requirement has been met. A representative from the Department of Planning Services will be out to the property a minimum of ten days prior to the hearing to post a sign adjacent to and visible from a publicly maintained road right-of-way which identifies the hearing time, date, and location. In the event the property is not adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent place on the property and a second sign posted at the point at which the driveway(access drive)intersects a publicly maintained road right-of-way. The Department of Planning Services' staff will make a recommendation concerning this application to the Weld County Planning Commission and will be included in the staff report one week prior to the scheduled Planning Commission hearing. You may view the staff report at www,co.weld,co.us/departments/planning/Planning/plan current If you have any questions concerning this matter, please call. Respectfully, Digitally signed by Kristine Randern e: xeaso¢Iam the author of document • /r n DateLoca,201004.on 1555 8,3'55:05 Oate'.EOta 04,39 13'55:05-06'00' Michelle Martin Planner • PLANNING COMMISSIONERS' SIGN POSTING CERTIFICATE THE LAST DAY TO POST THE SIGN IS 5/13/2010 THE SIGN SHALL BE POSTED ADJACENT TO AND VISIBLE FROM A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY. IN THE EVENT THE PROPERTY BEING CONSIDERED FOR A SPECIAL REVIEW IS NOT ADJACENT TO A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY, THE DEPARTMENT OF PLANNING SERVICES SHALL POST ONE SIGN IN THE MOST PROMINENT PLACE ON THE PROPERTY AND POST A SECOND SIGN AT THE POINT AT WHICH THE DRIVEWAY (ACCESS DRIVE) INTERSECTS A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY. I, Michelle Martin, HEREBY CERTIFY UNDER PENALTIES OF PERJURY THAT THE SIGN WAS POSTED ON THE PROPERTY AT LEAST 10 DAYS BEFORE THE PLANNING COMMISSIONERS HEARING FOR USR-1737 IN THE A (AGRICULTURAL) ZONE DISTRICT. Michelle Martin Name of Person Posting Sign • Signature of Person Posting Sign STATE OF COLORADO ) ss. COUNTY OF WELD The foregoing instrument was subscribed and sworn to me thisV-R"?day of MN , 2010. WITNESS my hand and official seal. N ary Public My Commission Expires: \[ t-t t ,r • a_ .• . _. . _ a . • A Pub arin Co� � ' Irc He si -HIS r� cer�� in s PROPERTY . Vllill be Held t , .. Greeley plan • a • 918 Tenth Street nin9 Gfce . _ ' • � y Greele CO - . • On --O vf; 2444 Q--�-�., at : i : 30 p - gppircant: 17-O anon -a-3-;01 2r ��-.>a.r�> ei e 1 a-.-, 7•..^„lltilfllL_ : 0.\!j„ .. - It, ¢Y . . gt Request ' Pt eC1rc �� eve an/ / 1 p7 and 444 i, ) %, • . • IP . g e id(4i R.,„ig cl.. or� qiii use ,i'J .',...., .. . 4; • •3.. 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' • • 4 _________._..__ . . r . ., �� E y..� . tisk i , .1.-- Inalsies"Sitr I ,.ate' � - ..... ... \ ._7... , lir; h f., . , • • . t • ii IidI i . • • ill I - i: • = i T -• I ,ifl ,,L, _ str r : i . i,is s • t ' i +: 1 4 I I - rtt` • e . • ") 4t • ] I II. , Kristine Ranslem 000m: Kristine Ranslem nt: Wednesday, February 03, 2010 1:15 PM : 'Roy Spitzer' Subject: USR-1737 Field Inspection Attachments: usr1737.docx We have just received a case (USR-1737) in which we ask that you review the material and send a referral to us by March 2, 2010. The following is a quick link to the case in question: http://www.co.weld.co.us/redesign/Planning/PlanninciDepartment/index.html Attached is the field inspection sheet. If you have any problems or have any questions, please don't hesitate to contact me at the number below. Thank you! K,v%St ve RGIwsLevu Planning Technician Weld County Planning Services 918 10 Street, Greeley CO 80631 970-353-6100 ext. 3519 • • 1 DEPARTMENT OF PLANNING SERVICES 918 10TH Street ' GREELEY, CO 80631 PHONE: (970)353-6100, Ext. 3540 FAX: 3(970)304-6498 COLORADO February 2, 2010 Troy&Judy Hefner 370 CR 16.5 Longmont CO 80504 Subject: USR-1737 - Request for a Site Specific Development Plan and Use by Special Review Permit for a business permitted as a Use by Right or Accessory Use in the Commercial Zone District (storage of commercial equipment and vehicles, fabrication, auto storage and repair) and Agricultural Service establishments primarily engaged in performing agricultural, animal husbandry or horticultural services on a fee or contract basis, including: farm equipment sales, repair and installation facilities and one (1) single family dwelling unit per lot other than those permitted under Section 23-3-20 A in the A (Agricultural) Zone District on a parcel of land described as Part of the E2 W2 SE4 SW4 of Section 23, T1N, R68W 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 Dacono, Erie, Frederick, and Northglenn Planning Commission for their review and comments. Please call Dacono at 303-833-2317, Erie at 303-926-2700, Frederick at 720-382-5500, and Northglenn at 303-450-8709 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 Dacono, Erie, Frederick, and Northglenn Planning Commission meeting to answer any questions the Commission members may have with respect to your application. If you have any questions concerning this application, please call. Respectfully, Reason: have reviewed document /17/1:11(..--17:7X Date:i20: .0 .0th S8: Greeley 0' Date:2010.02.03 00:31:43-07'00' Michelle Martin Planner • Michelle Martin am: TROY HEFNER [hefnertroy@msn.com] t: Tuesday, February 02, 2010 12:25 PM Michelle Martin Subject: Re: usr application Michelle, In regards to the animal units on the property, we plan to keep it under the 4 per acre allowed in the Ag zone district. Probably around 25 horses and a few dogs, goats, etc. The vehicle trips will never exceed 60 trips per day. If you have any other questions, please let us know. Troy & Judy Hefner Original Message From: Michelle Martin To: hefnertroy(W,msn.com Sent: Monday, February 01, 2010 2:06 PM Subject: usr application Hi, I am working on processing your Use by Special Review Permit and I wanted to make sure I verify that the number of animal units will not exceed the uses allowed in the Ag zone district. I also wanted to know if the number of vehicle irips per day for the animal boarding and training facility will not exceed 60 trips per day. Please let me know your tended uses on site. Thanks. Michelle Martin Planner Ill 918 10th Street Greeley,CO 80631 mmartinftcomeld.co.us PHONE: (970)353-6100 x 3540 FAX: (970) 304-6498 IP WELD COUNTY • COMPLETENESS REVIEW REVIEW DATE: December 19, 2009 TYPE OF APPLICATION: Special Use Permit for a 2nd Dwelling, a Home Business, and uses allowed in the Commercial and Industrial 1 Zone Districts LEGAL DESCRIPTION: E2W2SE4SW4 Section 23, Township 1 North, Range 68 West of the 6'" P.M. Weld County, CO COMPANY NAME/REPRESENTATIVE/OWNER: Troy and Judy Hefner PARCEL NUMBER: 1467-23-0-00-005 SITUS ADDRESS: 4343 County Road 6, Erie, Colorado PLEASE NOTE: The following completeness review notes are provided as a courtesy to the applicant. While we strive to identify significant issues, the following notes may not identify all issues, even 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. Please submit a copy of this form when you submit a formal Land Use Application. If you have any questions regarding the process and/or application please call Kim Ogle at 970 353 6100 x 3549, or email at koqleco.weld.co.us • REVIEW: After the completeness review process, please submit your formal Land Use Application to the Department of Planning Services. Be sure all items on the submittal checklist are submitted in addition to the items outlined in the pre- application meeting and completeness review. An incomplete Land Use Application submittal will not be accepted. This is a violation case and therefore a complete application must be submitted within 2 weeks from the date of this letter. REVIEW STAFF: Planning: Kim Ogle — kogle(c�co.weld.co.us - 970 353 6100 x 3549 Public Works: Don Carroll — dcarroll(a�co.weld.co.us- 970-304-9496 x3766 Public Health: Lauren Light — Ilight(a)co.weld.co.us — 970-304-6415 x2211 Building Inspection: Frank Piacentino — kswanson(a�co.weld.co.us — 970 353 6100 x 3540 Weld County Department of Planning Services eeley Office — Longmont Office — 918 10'" Street, Greeley CO 80631 4209 County Road 24.5, Longmont CO 80504 Phone: 970-353-6100 x3540 Phone: 720-652-4210 x8730 Fax: 970-304-6498 Fax: 720-652-4211 WELD COUNTY /PLANNING COMMENTS • The Department of Planning Services has reviewed the 7-Day Completeness Review and has the following comments. Questionnaire #2: Section 22-2-20.F A.Policy 6.2 "Support opportunities, such as, yet not limited to ... home business ...and Section 22-2-120 I R.Policy 9.3 "Provide for appropriate housing suitable as caretaker quarters or accessory units' and Section 23-2-30.G A.Policy 7.1 " . . . County land use regulations should support commercial and industrial uses that are directly related to, or dependant upon, agriculture, to locate within the agricultural areas, when the impact to surrounding properties is minimal, or can be mitigated . . . " Questionnaire #3: Section 23-3-40. L allows for one single family residence other that those permitted as use by right and Section 23-3-40.O allows for a Home Business, Section 23-3-40.R allows for any use allowed as a use by right, an accessory use or a use by special review in the commercial or industrial zone districts through the Special Use Permit process in the Agricultural Zone District. Questionnaire #5/6: Define the number persons on the property in total, then break down by residence. Questionnaire #6: Discuss in greater detail the lay of the land. Slope, irrigation ditches, vegetative cover, storage and parking areas for vehicles, site circulation, crop production, oil and gas the adjacent road . Questionnaire #7: Define hours — i.e., 7A— 5P. or similar Questionnaire #8: .Provide dimensions for all future buildings, if unknow give approximate size Questionnaire #9: Construction will also include items associated with the Conditions of Approval for this application • Questionnaire #10: Describe how commercial trash and household wastes are disposed of. Also, will home business equipment be maintained on site? If yes, describe material and method of recycling of materials Water Bill is for one residence, two are requested. Applicant to provide evidence of water and sewer permits and associated availability for each residential structure Certificate of Conveyances requires new stamp of authentication. Certificate must be 30 days current There is a requirement to identify the mineral interest for the property. Oil and Gas production is located in the area.`Please provide name of mineral leasee, address, phone number and other points of contact Questionnaire #15: Provide narrative on how proposed landscaping is irrigated Questionnaire #17: Provide written evidence that the overland flow from this property may enter into the Bull Canal PUBLIC WORKS COMMENTS The applicant shall address the requirements (concerns) of the Weld County Department of Public Works, as stated in the referral response dated December 14, 2009. The document is enclosed herein. Weld County Department of Planning Services • Greeley Office — Longmont Office — 918 10th Street, Greeley CO 80631 4209 County Road 24.5, Longmont CO 80504 Phone: 970-353-6100 x3540 Phone: 720-652-4210 x8730 Fax: 970-304-6498 Fax: 720-652-4211 WELD COUNTY HEALTH DEPARTMENT COMMENTS he applicant shall address the requirements (concerns) of the Weld County Department of Public alth and Environment, as stated in the electronic mail dated December 17, 2009. The document is enclosed herein No large plat was included in the application. Anticipated uses would fit better under a PUD and then do a site plan review as uses came in. The current description is not detailed enough for the research lab, manufacturing et cetera. Department of Public Health and Environment would need to have waste handling plans specific to each business. Septic systems have to be reviewed by an engineer depending which systems are used for business uses. Need more detail on what the actual use is on this property. BUILDING INSPECTION COMMENTS The applicant shall address the requirements (concerns) of the Weld County Department of Building Inspection as stated in the referral response, as stated in the electronic mail dated December 16, 2009. The document is enclosed herein Construction of new homes require a permit under the 2006 IRC, 2008 NEC, 2006 IECC and the Weld County Code. Construction of structures for commercial require a permit under the 2006 IBC, IPC, IMC, IECC, 2008 NEC, 2003 ANSI 117.1 and the Weld County Code. • The referral comments for the completeness evaluation are based on the submitted materials of record. Should amendments be re-submitted for review, please anticipate the possibility of an expansion to the comments provided here. Thank you. i Weld County Department of Planning Services reeley Office— Longmont Office — 918 10th Street, Greeley CO 80631 4209 County Road 24.5, Longmont CO 80504 Phone: 970-353-6100 x3540 Phone: 720-652-4210 x8730 Fax: 970-304-6498 Fax: 720-652-4211 • • • 7- Day Completeness Review CASE#: PA09-099 APPLICANT: Troy and Judy Hefner, Applicants REQUEST: Use by Special Review for a second dwelling, outside storage of vehicles and materials and other commercial business interests LEGAL: E2W2SE4SW4 Section 23, Township 1 North, Range 68 West of the 6th P.M. Weld County, CO. LOCATION: North of and adjacent to CR 6 and 0.5 miles west of County Road 11 Situs: 4343 CR 6 Erie, CO PARCEL#: 1467-23-0-00-005 ACRES: +/- 10 RETAIN PACKET AS ENTIRE APPLICATION IS TO BE SUBMITTED WITHIN 7 DAYS OF INTERNAL REVIEW • o Public Works ❑ Health fr,1 Building o Planning Comments: 1 I �] -4c l ov.s�✓u�,_ 4 npv Vbv.e/ /'Pqucr2 C._ t ct.cCr Zoe G S(LC_ ZOO* 'Ore- , 2006 floc, G J41c &M) (0 J CacL O NJ tl/J Lc c- 4, 5 1 v U v.24 C r (G fey lie,.2 a. p-et wtJe„ zoo c 1 , -r Pc , L vv..c c l rr , Zoos, W ' \ ?OO3 past II'?. 1 a,d. --1-e Liel) (0 AtCam Date: December 9, 2009, Comments Due No Later than December 19, 2009 Thanks, Kim x 3549 ILA tack • • • Kim Ogle om: Lauren Light t: Thursday, December 17, 2009 11:10 AM • Kim Ogle Subject: 7 day review for hefner No large plat was included in the application. Anticipated uses would fit better under a pud and then do a site plan review as uses came in. the current description is not detailed enough for the research lab, manufacturing ect. we would need to have waste handling plans specific to each business. Septic systems have to be reviewed by an engineer depending which systems are used for business uses. Need more detail on what the actual use is on this property. Lauren Light,M.B.S. Environmental Planner, Environmental Health Services Weld County Department of Public Health& Environment 1555 N. 17th Ave. Greeley,CO 80631 970-304-6415 Ext.2211 (office) 970-304-6411 (fax) • • 1 • 7- Day Completeness Review DEC - 9 2009 CASE#: PA09-099 APPLICANT: Troy and Judy Hefner, Applicants REQUEST: Use by Special Review for a second dwelling, outside storage of vehicles and materials and other commercial business interests LEGAL: E2W2SE4SW4 Section 23, Township 1 North, Range 68 West of the 6`h P.M. Weld County, CO. LOCATION: North of and adjacent to CR 6 and 0.5 miles west of County Road 11 Situs: 4343 CR 6 Erie, CO PARCEL#: 1467-23-0-00-005 ACRES: +/- 10 RETAIN PACKET AS ENTIRE APPLICATION IS TO BE SUBMITTED WITHIN 7 DAYS OF INTERNAL REVIEW • Public Works ❑ Health ❑ Building o Planning Comments: Date: December 9, 2009, Comments Due No Later than December 19, 2009 Thanks, Kim x 3549 • • • Weld County Planning Department GREELEY OFFICE arr 20R D • AlCir, MEMORANDUIV°?ECEIVE II C 0 TO: Kim Ogle, Planning Services DATE: 12/14/2009 FROM: Donald Carroll, Engineering Administrator COLORADO Clay Kimmi, P.E., CFM (4& SUBJECT: 7-Day Completeness Review, Troy & Judy Hefner PA09-099 Weld County Public Works has received the submittal application for the 7-Day Completeness Review. This phase of the planning process is a content review of the submitted materials, NOT a technical review. Comments made during this phase of the process will not be all- inclusive, and will address the critical issues of concern including but not limited to the Site Plan, Traffic Study, Preliminary Drainage Report, Geotechnical Soils Report, Flood Hazard Development Permit, and Questionnaire. The Public Works Department will perform a detailed technical review of the project once the submittal application is deemed acceptable and is promoted to the review phase of the planning process. Summary: The application is not complete. The applicant needs to add some additional answers to the Questionnaire and provide a 24"x36" plat drawing identifying the multiple use and locations in the next submittal. The applicant also needs to provide water quality feature • calculations and identify the feature on the plat. Site Plan Review: The applicant is identifying multiple uses for the property. Identify and label the location for the particular use such as Unit D is a particular use or Unit C is another type of use. Show employee and customer parking, future location of the new metal building, identify if the access and circulation or gravel, asphalt or the equivalent, show location of water quality feature. — N i S3\95, twos, Traffic Study: No traffic study is required; however, the applicant will need to a list of estimated number of trips per day as well as any deliveries. The applicant indicates in the Questionnaire, Item No. 10, Vehicle Traffic, has listed semi truck with low boy trailer, dump truck or trailer along with passenger vehicles, delivery vehicles, horse trailers, etc. Public Works requests that the applicant apply an approximate number of vehicles such as one semi or five semis. Preliminary Drainage: A preliminary drainage report is not required for the application. I' However, the applicant was informed at the Pre-App meeting that they would need to provide a water quality feature. The calculations and supporting documentation for the water quality feature were not included with the application. Please see the attached information regarding the calculations required for sizing of a water quality feature. Geotechnical Soil Report: No geotechnical soils report is required at this time. In the future when the proposed metal building is applied for with the building inspection, one will be required. • Special Flood Hazard Area: This area is not in a Special Flood Hazard Area (SFHA) as determined by the Federal Emergency Management Agency (FEMA). Page I of 2 M VPLANNING—DEVELOPMENT REVIEW\7-DayComplctenessRevicws\2009APA09-099,Troy&Judy Hefner.docx • Questionnaire: In the questionnaire the applicant is identifying who is taking care of the animals on the property such as animal boarding and training. Either additional people that come to the site to ride their animals or care for them? If so, additional numbers need to be provided in Items No. 5. Item No. 10, Vehicle Traffic: Identify how many semi trucks, dump trucks, or trailers will be parked or will utilize the site. The applicant needs to provide a 24"x36" plat drawing to be able ,j to identify all the multiple uses and locations. Identify on the plat drawing that WCR 6 has 60 feet of right-of-way and is maintained by the City and County of Broomfield. The access approach to WCR 6 should be a hard surface or the equivalent such as recycled asphalt or concrete to keep from tracking mud and debris on to WCR 6. pc: PA09-099 • Page 2 of 2 M:\PLANNING—DEVELOPMENT REVIEW\7-DayCompletenessReviews\2009\PA09-099,Troy&Judy Hefner.docx • • DRAINAGE CRITERIA MANUAL(V. 3) STORMWATER QUALITY MANAGEMENT • basins can provide less holding time for the predominant number of smaller storms. Larger basins can result in less net reduction of pollutants than is obtained when using the recommended 80th percentile capture volume that can be obtained from Figure SQ-2. Storms larger than the 80th percentile events still receive some treatment when their capacity is exceeded by larger storms, but at a somewhat lower efficiency. Thus,the law of diminishing returns for cost-effective pollutant removal takes effect, not only because of the large number of small storms found in the total population of storms, but because the first flush of runoff for larger storm is also captured and that pollutant removal continues to occur for in-line capture basins when the runoff exceeds their design capacity. 4.4 Determining the Water Quality Capture Volume 4.4.1 Use of Directly Connected Impervious Area The procedures described in the RAINFALL and in the RUNOFF chapters of Volume 1 of the Manual are intended for the design of drainages and flood facilities that prevent damage to property and help protect human life. These procedures show that the depth of rainfall produced from a design storm varies somewhat throughout the Denver region and that runoff is a function of total imperviousness. Water quality enhancement focuses more on the smaller events that deliver frequent flow pulses and pollutant loads to the receiving waters. The runoff volume for smaller events is especially sensitive to the • impervious area that is hydraulically connected to the stormwater runoff system. The impervious portion of a watershed determines the runoff volume that needs to be used for the design of water quality facilities, and the percentage of impervious surface therefore becomes important in the design of structural BMPs. The RUNOFF chapter of the Manual, Volume 1, includes the methodology for calculating basin imperviousness. This procedure needs to be modified, however, when using the practice of minimizing directly connected impervious areas in combination with extended detention basins, retention ponds, wetlands, and other practices depended on a design water quality capture volume. Whenever applicable, the needed modifications are described in the appropriate chapters of this volume of the Manual. 4.4.2 Water Quality Capture Volume (WQCVI, All structural BMPs recommended in this volume of Manual are based on the 80th percentile event. Specific guidance for finding the needed WQCV is provided in each BMP types' design section. This WQCV varies with the type of BMP used and is based on the time it takes to fully drain the brim-full WQCV. Figure SQ-2 summarizes the WQCV requirements as a function of the tributary catchments total imperviousness as a ratio of the total area of the catchment for 6-, 12-, 24-, and 40-hour drain times of the WQCV. • 10-2005 SQ-23 Urban Drainage and Flood Control District • • STORMWATER QUALITY MANAGEMENT DRAINAGE CRITERIA MANUAL(V. 3) • Figure SQ-2 is appropriate for use in Colorado's high plains near the foothills. For other portions of Colorado or of United States,the WQCV obtained from this figure can be adjusted using the following relationships: WQCV WQCVo =d6 0.43 in which, WQCV = Water quality capture volume taken from Figure SQ-2 WQCV0 = Water quality capture volume outside the Denver region d6 = Depth of average runoff producing storm from Figure SQ-3 (watershed inches) Once the WQCV in watershed inches is found from Figure SQ-2, then determine the required storage volume in acre-feet as follows: Required storage =[WQCVJ(Area) LL 12 J in which, • Required storage = Required storage volume in acre-feet Area = The tributary catchment's area upstream in acres The independent variable in Figure SQ-2 is the total imperviousness ratio (i.e., i=1„,q/100)of the tributary watershed (catchment). The chapter on RUNOFF in Volume 1 of the Manual contains guidance for how to find the total imperviousness of a watershed and its use is recommended. Figures SQ-4,SQ-5 and SQ-6 are duplicated in this chapter to help the reader estimate the imperviousness of single family residential areas. Note that these figures require the knowledge of the average housing densities, types of housing, and average human occupied total square footage of the houses in the area to find the imperviousness of these areas. • SQ-24 10-2005 Urban Drainage and Flood Control District • • DRAINAGE CRITERIA MANUAL(V. 3) STORMWATER QUALITY MANAGEMENT • 0.50 0.45 40-hou r Drain Tim- 0.40 - - - 24-hour Drain Tim- 0.35 0.30 --WQCtF-a1o.9u'-1.1912+0.787 -o 6-hr drain time a=0.7 w .c 12-hr drain time a =0.8 0.25 - 24-hr drain time a =0.9 -- _- -- 40-hr drain time a =1.0 0.20 0.15 - S� 12-hour Drain Time - 0.10 6-hour Drain Time 0.05 - • 0.00 0 0.1 0.2 0.3 0.4 0.5 0.6 0.7 0.8 0.9 1 Total Imperviousness Ratio(i=1„4/100) Figure SQ-2—Water Quality Capture Volume(WQCV), 80th Percentile Runoff Event Ifl\ a4vtous value-4 c rews ore&= 2% gravel ono. = 4On r'oeait-Q crew.= 9 o% -rued at...= I cdla Litt kitcl ..0Tuutou.aneas 1' tOttg1.}ad ; =CCgroa,crea) t.oz1+ L(cca.ut(orea)X .y] ♦• L(roocfu?oce.)x.T ? + [C9 4orat.)x l] L -fbh I Berea. • 10-2005 SQ-25 Urban Drainage and Flood Control District • • • ‘41tarli MEMORANDUM Wi`oe TO: PA09-099; Case File, pre-application COLORADO DATE: September 18, 2009 FROM: Kris Ranslem, Planning Technician SUBJECT: Pre-Application Meeting prior to submitting application Attendees: Troy Hefner, Applicant Judy Hefner, Applicant Don Carroll, Public Works Heidi Hansen, Public Works Lauren Light, Environmental Health (via phone) Brad Mueller, Planning Chris Gathman, Planning Kris Ranslem, Planning • On Friday, September 18, 2009 an informal discussion took place at the Greeley Administrative Offices Conference Room regarding a proposed change of zone. (The legal description is E2W2SE4SW4 of Section 23, Ti N, R68W of the 6`h P.M.; Situs Address is 4343 CR 6) Background Information: The site is currently zoned agricultural and encumbers approximately 10 acres. The applicants wish to either obtain a Use by Special Review permit or to rezone the site to allow storage of business equipment as well as other commercial uses. Two homes are included on this site. The applicants indicated that there may be some outside storage to the west of the barn. This would include aggregate material or trailers. Health Department According to county records, one septic system is shown for the house built in 1999 (Septic Permit#SP-9900524). The applicants would need to provide a Statement of Existing for the second house. The homes share one water tap. There are no restrooms in the barn. Restrooms would need to be available for the employees. The restrooms in the home are allowed; however the system needs to be evaluated by an engineer for adequacy. • The barn is used for storage. No repairs or maintenance are performed on the equipment. Public Works No Traffic Study is required; however the applicant will need to list an estimated number of trips per day as well as any deliveries. A description of the types of equipment should be included. • Access to site is from CR 6, which Broomfield has jurisdiction. The applicant shall identify any outside storage and equipment parking area. The applicant indicated that the parking is gravel based. The site is not located in a floodplain. Staff recommended increasing the USR boundary to include any drainage requirements. No Drainage Report is required; however the applicant shall provide a short description of the historic stormwater flows across the property and how their application will affect those flows. The description shall include but not be limited to: 1) where the water originates if it flows onto the property from an offsite source, 2) where it flows to as it leaves the property, 3) the direction of flow across the property, and 4) if there have been previous drainage problems with the property. The application shall also provide flow arrows on the map showing where the stormwater starts, how it goes across the property, and where it leaves the property. The applicant will still be responsible for providing a water quality feature that conforms to the methodology outlined in Volume 3, Section 4.4.2 of the Urban Storm Drainage Criteria manual. Planning Department Staff informed the applicant that the barn may have been permitted under an Ag Exempt building; therefore Change of Use permits would need to be applied for. In addition to the building permit fees, there are Road Impact fees, Capital Expansion fees, and Stormwater fees. For an estimation, please contact the Building Department at 970-353-6100 ext. 3540. Employees come to the site and leave to go to the separate job sites. Staff recommended three options for the applicants to proceed with to ultimately obtain allow the proposed and existing uses: 1. Use by Special Review Permit (USR). This process would allow the two homes on site with a shared tap. This use is site specific; therefore the applicant tailors it to what the use is. If the use changes, the applicant would need to amend the USR, thereby going through the process again. This application is brought before the Planning Commission and ultimately is approved by the Board of County Commissioners. The advantage to this process is that it requires one application versus two. Also, there would be an opportunity to include the two homes as part of the USR; by doing so, the one non- conforming residence could be enlarged or replaced in time, if so desired. Currently, as a non-conforming structure, it would not be allowed to. The fee is approximately $2500. 2. Change of Zone (COZ). This process changes the zone to the desired zone. Upon Board approval, the applicants would need to apply for a Site Plan Review (SPR) for the specific uses allowed on site. The SPR is approved administratively. The Change of Zone is permanent and does not allow homes on the site; therefore both homes would be non-conforming uses. It was noted that in the commercial zone district may not allow the commercial storage as proposed. The fees are approximately $3500. 3. Planned Unit Development (PUD). This process is used to define a zone district and customize the site. This is a two step process with the first being a Sketch Plan. The • next step combines the Change of Zone and Final Plat. The fees are approximately $3500. Because the site is currently in violation a complete application will need to be submitted by the end of November to avoid violation hearings. • • • Staff urged the applicant to contact staff for any questions: Planner On Call available Monday through Thursday 7:30 a.m. to 4:30 p.m. Staff explained the USR process. The applicant shall submit 4 packets for a 7 day completeness review. After the 7 day completeness review the applicant will be informed of what items are still required to make the application complete. Staff requested that the applicant submit the remaining material in electronic form. Upon submittal of a completed application it will be sent out for referral for 28 days. The applicant will then meet with their Planner to discuss the referrals and address as many of the referrals as possible. At that meeting the Planning Commission hearing will be scheduled. The Board of County Commissioners hearing typically follows approximately 3 weeks after the Planning Commission hearing. End memorandum. • • • • TROY &JUDY HEFNER 370 Weld County Road 16.5 Longmont, CO 80504 "sa-c., 303-682-5418 September 9, 2009 (c.\\ 11,a -ZL1 3 4\\ Weld County Department of Planning Bethany Salzman 918— 10th Street Greeley, CO 80631 Re: 4343 Weld County Road 6, Erie, CO Parcel 146723000005 E2W2SE4SW4 23-1N-68W Case ZCV09-00114 • Attached please find a pre-application review request for a change of use for a portion of the property at the above address. We would like to obtain a variance to allow for storage of non-farm related equipment and tools in the barn and the area west of the barn. No changes should be needed in roads, drainage, or landscaping. This property is adjacent to the Althen Boyer Commercial Unit Development and is directly east of Jeeps Unlimited and AARV Storage, which I also own. I have included a site map and aerial photo for your consideration. Thank you for your consideration in this matter. Sincerely, • T3''y Hefner • * Print Form 1 Submit by Email 'FVutAy @- i0D WELD COUNTY i-AZ w c,M • 9,:. rY%4 LA- 1 PRE-APPLICATION REVIEW REQUEST • The pre-application request is the preliminary review of a land use proposal. Pre-application reviews are required prior to beginning the application process; however, this review is not an application. • Pre-application reviews are held with the Weld County Departments of Public Works and the Public Health and and Environment. Pre-Application reviews are held Thursday and Friday of any given week in the Greeley office. To be on the pre-submittal agenda, the request and required checklist items must be received one week prior to the review date, and shall include at a minimum, a description of the property including surrounding lands and land uses, property owners name and contact information,a brief narrative and a map delineating the property location, in addition to the other items listed. • The Property Information required below can be found on the Weld County Assessor website at www.co.weld.co.us Please print a copy of the Assessors page and submit it with your pre-application review request. • Mail,fax or drop off the request and required checklist items to the address listed below, a minimum of one week prior to your preferred meeting date. F • Submitting your request in a timely manner is important to get your project scheduled for review. Contact Information: Name. TG N artd J�c� ��17i1r'l- Phone: 3003J- (,,,$)-5,4) S -7x- a(< I- .35 i 1 Fax: 303-6811-ti704 Email: hUni: I' tyGL(o Yl/Sn7 . (Lz7y • Address: .370 L,L'i AJY1 /Litt- Project Description: rc'{1y�1yn I . -`o Iwo" ctend area f n hok Property Information: 750isJand eripmen1-, Section-Township- Range 2onin �?j I : J Cam' L 9 ffyrl !'tt�}arilI Parcel Number ' k -0 C.0 000 5 Acreage I G Site Address *31B (cud) Ed c, �. Water Source bwela (64ct,-ct Legal Description E 2j t.,..,'9 `>E'li 5 ici,H 'Z3 iN Ci NSewer Sti.�ti C (1 Owner Name It,tsLj -; Jut �l y, r�.c i'X,- "7 �/'.('') COI •Is this property currently in violation? pip Yes f- No Case Number GCki en—CO I L, Preferred date and time for meeting: j��alaj Office Use Only Project Title: Description: Review Date: Meeting Date/Time: Weld County Department of Planning Services • Greeley Office- Longmont Office- 918 10th Street, Greeley CO 80631 4290 County Road 24.5, Longmont CO 80504 Phone: 970-353-6100 x3540 Phone: 720-6524210 x8730 Fax: 970-304-6498 Fax: 720-6524211 tt rat cte WELD COUNTY PLANNING DEPARTMENT Bethany Salzman Zoning Compliance Officer II • woe 918 10th St Greeley, CO 80631 Phone: 970-353-6100 X 3555 FAX:970-304-6498 � E-Mail: bsalzman@co.weld.co.us COLORADO October 02, 2009 HEFNER TROY D & JUDY K 370 CR 16.5 LONGMONT, CO 80504 Case: ZCV09-00114 Legal Description: 24925-C E2W2SE4SW4 23 1 68 EXC UPRR RES (.25R1D) 4343 6 CR WELD 00000 Dear HEFNER TROY D & JUDY K: The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting with the Board of County Commissioners on: 12/08/2009 10:00 AM • The above mentioned property remains in violation of the following Section(s) of the Weld County Code: Chapter 23, Article 111(3), Division 1 A(Agricultural)Zone District 23-3-20 Uses allowed by right. 23-3-20.A One (1) Single Family Dwelling Unit and Auxiliary quarters on a parcel of land created under the provisions of Chapter 24, Article VIII of this Code. 23-3-30 Accessory uses. 23-3-40 Uses by special review 23-3-40.L One (1) SINGLE-FAMILY DWELLING UNIT per LOT other than those permitted under Section 23-3-20 A above. 23-3-40.R Any use permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the commercial or industrial zone districts, provided that the property is not a lot in an approved or recorded subdivision plat or lots parts of a map or plan filed prior to adoption of any regulations controlling subdivision. PUD development proposals shall not be permitted to use the special review permit process to develop. To bring your property into compliance with the Weld County Code: As I have previously indicated the operation of a commercial business or storage of commercii equipment requires a Use by Special Review(USR) permit. It is my understanding that the Use by Special Review (USR) application process was explained during the Pre-Application meeting. Please keep in mind that we do have On-Call Planners that are available to assit the public with any questions or concerns. They are available Monday thru Thursday from 7:30 - 4:30 or you can call them at 970-353-6100 Ext. 3540. To better serve you please bring this letter with you. • Additionally, the Use by Special Review (USR) permit will need to address the presence of the second house. The building permit records from the previous owner indicate that the second home (mobile/modular home) was to be removed from the property upon completion of the Page 1 of 2 (41 WELD COUNTY PLANNING DEPARTMENT Bethany Salzman Zoning Compliance Officer II • 111111D C 918 10th St Greeley, CO 80631 Phone: 970-353-6100 X 355 E-Mail: o weds FAX: 970-304-6498 o.us COLORADO newer home. Therefore, the second dwelling unit will either need to be permitted or removed from the property. This hearing will take place in the County Commissioners Hearing Room, first floor, Weld County Centennial Center, 915 10th Street, Greeley, Colorado. It is recommended that you or a representative be in attendance to answer any questions the Board of County Commissioners might have about the violations. Please also be advised that I will be taking video and/or pictures from the road or adjacent properties the business day before or as soon as possible to the above mentioned Violation Hearing date. The Department of Planning Services' staff will be recommending that the Board of County Commissioners authorize the County Attorney to proceed with legal action to remedy the • violation. Our records indicate that you were made aware of the nature of the violation including the action necessary to correct the violation, and that you were given sufficient time to remedy this violation. If you have any questions concerning this matter, please call me. Sincerely, U.S.Postal ServyriceTM Bethany Salzm n ru CERTIFIED MAILTM RECEIPT Zoning Compliance Officer II S In -(Domestic Mall Only;No Insurance Coverage Provided) pc: ZCV09-00114 s Frt .elivery lnh rmati•n vlait •ur we.site at www.us•s:c•m® rn m Postage 0 Certified Fee O Postmark O Return Receipt Fee Here (Endorsement Required) ndoris edm Delivery Fee(Endorsement Required) rR Total Postage 8 Fees Li" co Sent T Street,1p> t cp_1 L 1 orPOBoxNo. 37D 11,24Cit State,LP.4• 111... LZ S� m3'. ,.1urre202 See everee f• lns$rucn.ns' Page 2 of 2 • FIELD CHECK inspection date: 5/13/2010 Planner: Michelle Martin Case Number: USR-1737 Applicant: Troy and Judy Hefner Site Address: 4343 County Road 6 Request: A Site Specific Development Plan and a Special Review Permit for a business permitted as a use by right or accessory use in the Commercial Zone District (storage of commercial equipment and vehicles, fabrication, auto storage and repair) and Agricultural Service establishments primarily engaged in performing agricultural, animal husbandry or horticultural services on a fee or contract basis, including: Farm equipment sales, repair and installation facilities and one (1) Single Family Dwelling Unit per Lot other than those permitted under Section 23-3-20 A in the A(Agricultural)Zone District. Legal Description: Part of the E2 W2 SE4 SW4 of Section 23, Ti N, R68W the 6th P.M.,Weld County, CO Location: North of and adjacent to CR 6 and approximately%mile East of 1-25 Size of Parcel: +/-8.75 Acres Parcel Number: 1467 23 000005 • Zoning Land Use N City and County of N Agricultural Broomfield E City and County of E Agricultural / Residential Broomfield S City and County of S Agricultural / Residential Broomfield W Business Commercial W (C-3) Commercial —Althen Boyer Subdivision COMMENTS: The site currently has two homes, a shop building and a few Agricultural structures. There is one access to the site from CR 6. The property is currently being utilized for a a commercial operation. • 7Michelle Martin, Planner Hello