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HomeMy WebLinkAbout20101922.tiff INVENTORY OF ITEMS FOR CONSIDERATION • AppLizaAt Rog6RT C0LLINS case Nuwtber LRSR173& Submitted,or Prepared Prior to At r-teay o. Fteariv, g a 1 staff Coronewts X tepavtrwewt of PLawvtiatg sen'Lces FLeLci Checl2 Foroo Loviev Letter to Appllca At A f fadavit of sLc_po,posti.w� Legal Notlficatiows 2 AppLLcatLow X Mops peed/ Easevuewt aerti fbcate • surrouwdi,vuo Propevtu /ML/Leval Owcers vtLLLties 3 Referral List x Refers Ls without oowmwev't X Platteville Fire Protection District, referral dated January 30, 2010 Weld County School District RE-1J, referral dated January 30, 2010 Colorado Division of Wildlife, referral dated January 31, 2010 fnngmont Soil rnnsannatinn restrict roferraIfd=tad Felaru"ry 9,2010 itromit s) West Greeley Soil Conservation District, referral dated February 9, 2010 4 Referrals with covuvxevtts X Weld County Zoning Compliance, referral dated January 28, 2010 Noble Energy Inc., referral dated January 28, 2010 Town of Mead, referral dated February 3, 2010 Kerr-McGee Oil & Gas Onshore, LP, referral dated February 3, 2010 • Department of Planning— Landscape referral dated February 4, 2010 EXHIBIT A 2010-1922 Usk- Ms) (O Weld County Department of Building Inspection, referral dated February 8, • 2010 Weld County Department of Public Works, referral dated February 24, 2010 Weld County Department of Public Health and Environment, referral dated March 26, 2010( and April ril,26, (2010 krIl YI vd Y.'1( CCn1 t1Ueitim U1thY1Gt,Vtftrr2i eakt ftbitivu L1 4, V« 5 rouvi, n LetfCrs & &PG uxioatts herebu cevttfu that the 4 Ltents %dente (ed herein were subnt%tted to the bepavty tent of PLanni,naj sewLcesatorprLorto the sphed,LedPLannL a Cowsw,LssLLonershear%wg. • Fdvik Planner • USE• W�`�C SD APPLICATION COLORADO Planner: Kim Ogle Case Number: USR-1736 Hearing Date: August 3, 2010 Applicant: Robert and Pauline Collins Site Address: 13473 County Road 17, Platteville, Colorado 80651 Request: A Site Specific Development Plan and Use by Special Review Permit for a home business (Collins Construction and Trucking) in the A(Agricultural) Zone District. Legal Description: Lot A RE-5021; Part SW4NE4 of Section 29, T3N, R67W of the 6th P.M., Weld County, Colorado Location: North of and adjacent to CR 28; West of and adjacent to CR 17 Size of Parcel: +/- 2 acres Parcel Number: 1209-27-4-00-027 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: • Platteville Fire Protection District, referral dated January 30, 2010 • Weld County School District RE-1J, referral dated January 30, 2010 • Colorado Division of Wildlife, referral dated January 31, 2010 • Kerr-McGee Oil & Gas Onshore, LP, referral dated February 3, 2010 • Longmont Soil Conservation District, referral dated February 9, 2010 With Comments: • Weld County Zoning Compliance, referral dated January 28, 2010 • Noble Energy Inc., referral dated January 28, 2010 • Town of Mead, referral dated February 3, 2010 • Department of Planning— Landscape referral dated February 4, 2010 • Weld County Department of Building Inspection, referral dated February 8, 2010 • Weld County Department of Public Works, referral dated February 24, 2010 • Weld County Department of Public Health and Environment, referral dated March 26, 2010 The following agencies have not responded: • Weld County Sheriffs Office • • US Army Corps of Engineers • Town of Firestone EXHIBIT USR-1736 Collins Page 1 • / \ SPECIAL REVIEW PERMIT ADMINISTRATIVE REVIEW COLORADO Planner: Kim Ogle Case Number: USR-1736 Hearing Date: August 3, 2010 Applicant: Robert and Pauline Collins Site Address: 13473 County Road 17, Platteville, Colorado 80651 Request: A Site Specific Development Plan and Use by Special Review Permit for a home business (Collins Construction and Trucking) in the A (Agricultural) Zone District. Legal Description: Lot A RE-5021; Part SW4NE4 of Section 29, T3N, R67W of the 6th P.M., Weld County, Colorado Location: North of and adjacent to CR 28; West of and adjacent to CR 17 Size of Parcel: +/- 2 acres Parcel Number: 1209-27-4-00-027 • THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS: 1. The submitted materials are in compliance with the application requirements of Section 23-2-260 of the Weld County Code. 2. It is the opinion of the Department of Planning Services' staff that the applicant has shown compliance with Section 23-2-220 of the Weld County Code as follows: A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other applicable code provisions or ordinance in effect. 22-2-20.A.Goal 7 County land use regulations should protect the individual property owner's right to request a land use change. 22-2-20 A.Policy 7.1. County land use regulations should support commercial and industrial uses that are directly related to, or dependent upon, agriculture, to locate within the agricultural areas, when the impact to surrounding properties is minimal, or can be mitigated, and where adequate services are currently available or reasonably obtainable. 22-2-20.D A.Goal 4 Promote a quality environment which is free of derelict vehicles, refuse, litter and other unsightly materials. Development Standards and Conditions of Approval will ensure that the proposed use will be compatible with the area. The surrounding property is primarily agricultural in • nature with one home in close proximity to the North. Section 23-2-240.A.10 of the Weld County Codes states "...that buffering or screening of the proposed use from adjacent USR-173A r uinc o_-- 2 properties may be required in order to make the determination that the proposed use is • compatible with the surrounding uses." As a condition of approval the applicant will be required to demonstrate how the property, including the parking of various vehicles, equipment and construction materials will be stored on-site. B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the Agricultural (A) Zone Districts. Section 23-3-40.O of the Weld County Code allows for A Site Specific Development Plan and Special Review Permit for a Home Business (Excavating Business) in the A (Agricultural) Zone District. The site currently has a single family home, detached garage and components associated with a non-commercial junkyard. The surrounding property is primarily agricultural in nature with a few homes located in close proximity. The site is currently in violation (ZCV09-00143) for the storage of commercial equipment and storage of materials associated with the operation of a commercial business without first obtaining the necessary Weld County permits. The violation case has not been presented to the Board of County Commissioners through the Violation Hearing process. If this application is approved by the Board of County Commissioners the violation will be corrected. If this application is denied, the Department of Planning Services would request that the violation case be referred to the County Attorney's Office, but to delay legal action for thirty (30) days in order to all adequate time to the ensure that all operations and advertisements have been removed from the property. No comments were received from any surrounding property owners. C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing surrounding land uses. The surrounding property to the north, south, east and west are zoned Agricultural (A) and are primarily utilized for large tract agricultural uses. A mineral resource development facility is located to the northeast of the property, USR-. Therefore, given the impact of • the proposed use, an approved screening plan, and a plan to remove several above ground storage tanks, the use (excavating business) will be compatible with the surrounding agricultural 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 located within the three mile referral area of the Towns of Firestone and Mead. The Town of Firestone did not return a referral, and the Town of Mead in their referral dated February 8, 2010 indicated no conflict with their interests. Staff believes that the Conditions of Approval and Development Standards will ensure that the use will be compatible with existing surrounding land uses. E. Section 23-2-220.A.5 -- The application complies with Article V of the Weld County Code. The existing site is within the County Road Impact Fee Area and the Capital Expansion Impact Fee but not in the Stormwater/Drainage Impact Fee area. Effective January 1, 2003, Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County Road Impact Program. (Ordinance 2002-11) Effective August 1, 2005, Building permits issued on the subject site will be required to adhere to the fee structure of the Capital Expansion Impact Fee and the Stormwater/Drainage Impact Fee. (Ordinance 2005-8, Section 5-8-40) • F. Section 23-2-220.A.6 -- The applicant has demonstrated a diligent effort to conserve prime agricultural land in the locational decision for the proposed use. USR-1736 Collins Page 3 The subject site is primarily classified as "Prime Irrigated Farmlands of National • Importance" as delineated on the Important Farmlands of Weld County map, dated 1979. This size of the USR boundary (2 acres) is currently developed and therefore, is not conducive to agricultural uses. G. Section 23-2-220.A.7 — There is adequate provisions for the protection of health, safety, and welfare of the inhabitants of the neighborhood and County. The Design Standards (Section 23-2-240, Weld County Code), Operation Standards (Section 23-2-250, Weld County Code), Conditions of Approval and Development Standards can ensure that there are adequate provisions for the protection of health, safety, and welfare of the inhabitants of the neighborhood and County. This recommendation is based, in part, upon a review of the application materials submitted by the applicant, other relevant information regarding the request, and responses from referral entities. 1. The plat shall be amended to delineate the following: A. The plat shall be prepared in accordance with Section 23-2-260.D of the Weld County Code. (Department of Planning Services) B. All sheets of the plat shall be labeled USR-1736. (Department of Planning Services) C. The attached Development Standards. (Department of Planning Services) D. County Road 17 is classified by the County as a local gravel road, which requires a 60 foot right-of-way at full build out. The applicant shall verify the existing right-of-way and • the documents creating the right-of-way. If the right-of-way can not be verified, it shall be dedicated. The plat shall delineate the existing right-of-way and the documents which created it. (Department of Public Works) E. The applicant shall use the existing accesses to this parcel as no additional accesses shall be granted. (Department of Public Works) G. The berm width as shown on the site plan is likely not adequate for the berm to be stable, and may need to be much wider than shown. The propane tank and power pole may need to be moved. (Department of Public Works) H. The area for the water quality feature shall be called out as "Reserved for Drainage Area, No Build". (Department of Public Works) The applicant shall delineate the trash collection areas. Section 23-3-350.H of the Weld County Code addresses the issue of trash collection areas. Areas used for storage or trash collection shall be screened from adjacent public rights-of-way and adjacent properties. These areas shall be designed and used in a manner that will prevent wind or animal scattered trash. (Department of Planning Services) J. The "Fifth Wheel": mobile home shall be removed from the USR plat, as this structure is not permitted as a storage unit for construction materials. 2. The applicant shall provide evidence that Recorded Exemption, RE-5021, has been submitted for recording, thereby creating a separate legal parcel. 3. The applicant shall complete required construction and obtain a Certificate of Occupancy, • Building Permit (BCR10-00042) for the addition to the existing dwelling built in 1890 to attach a 9 x 12 foot wood frame breezeway to a 14 x 66 foot 1975 Champion block and tied mobile home for use as a recreational room. Evidence of such shall be submitted in writing to the Weld County USR-1736 Collins Paae 4 Department of Planning Services. (Weld County Department of Planning Services) • 4. The applicant shall complete required construction and obtain a Certificate of Occupancy, Building Permit (BCR07-01472) for the agricultural exempt pole barn. Should the pole barn be utilized for storage of commercial materials and equipment a change of use building permit will be required. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Weld County Department of Planning Services) 5. The applicant shall address the concerns expressed by the Department of Public Health and Environment, specific to their referral dated April 26, 2010. Written evidence shall be submitted to the Department of Planning Services. (Department of Public Health and Environment) A. The applicant shall submit a dust abatement plan, detailing on site dust control measures, for review and approval, to the Environmental Health Services, Weld County Department of Public Health & Environment. B. The applicant must receive a final inspection and approval from the Environmental Health Services for septic permit number SP-1000094. C. In the event washing of vehicles will occur on site the applicant shall ensure that any vehicle washing area(s) shall capture all effluent and prevent discharges from the washing of vehicles in accordance with the Rules and Regulations of the Water Quality Control Commission, and the Environmental Protection Agency. Vehicle washing areas should be designated on the plat. D. The applicant shall submit evidence of an Aboveground Storage Tank permit from the Colorado Department of Labor and Employment(CDL&E), Oil Inspection Section for any aboveground storage tanks located on the site. Alternately, the applicant can provide • evidence from the (CDL&E), Oil Inspection Section that they are not subject to these requirements. E. A signed copy of the Spill Prevention, Control and Countermeasure Plan shall be provided to Environmental Health Services Division of the Weld County Department of Public Health & Environment. In accordance with Section 3-6-1 of the Colorado Department of Labor and Employment Division of Oil and Public Safety Storage Tank Regulations (7 C.C.R. 1101-14) as well as EPA regulations (40 CFR Part 112). 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. 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). G. Any aboveground storage tanks and 55 gallon drums not recorded on the plat must be removed and properly disposed. 6. The applicant shall address the concerns expressed by the Department of Public Works specific to their referral dated February 24, 2010. Written evidence of compliance shall be submitted to the Department of Planning Services. (Department of Public Works) • USR-1736 Collins Page 5 7. The applicant shall address the concerns expressed by the Department of Planning—Landscape • referral dated February 4, 2010. Written evidence of compliance shall be submitted to the Department of Planning Services. (Department of Planning Services) A. The transient mobile home (fifth Wheel) currently utilized for the storage of construction materials does not meet the intent, nor is it able to be permitted under the Weld County Code, and therefore shall be removed from the property. 8. The applicant shall submit a Private Improvements Agreement according to policy. The applicant shall submit to the Department of Planning Services itemized bids for all improvements. The agreement and form of collateral shall be reviewed by County Staff and accepted by the Board of County Commissioners prior to recording the Use by Special Review plat. Or the applicant may submit evidence that all the work has been completed and approved by County Staff(Department of Planning Services) 9. Upon completion of 1 through 8 above the applicant shall submit a Mylar plat along with all other documentation required as Conditions of Approval. The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by Department of Planning Services' Staff. The plat shall be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code. The Mylar plat and additional requirements shall be submitted within sixty (60) days from the date of the Board of County Commissioners resolution. The applicant shall be responsible for paying the recording fee. (Department of Planning Services) 10. In accordance with Weld County Code Ordinance 2006-7 approved June 1, 2006, should the plat not be recorded within the required thirty (30) days from the date the Board of County Commissioners resolution a $50.00 recording continuance charge shall added for each additional 3 month period. (Department of Planning Services) • 11. The Department of Planning Services respectively requests the surveyor provide a digital copy of this Use by Special Review. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles, Arclnfo Coverages and Arclnfo Export files format type is .e00. The preferred format for Images is .tif(Group 4). (Group 6 is not acceptable). This digital file may be sent to maps(7a,co.weld.co.us. (Department of Planning Services) 12. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder. (Department of Planning Services) • USR-1736 Collins Page 6 • SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Robert and Pauline Collins USR-1736 1. A Site Specific Development Plan and Use by Special Review Permit for a home business (Collins Construction and Trucking) in the A (Agricultural) Zone District and subject to the Development Standards stated hereon. (Department of Planning Services) 2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County Code. (Department of Planning Services) 3. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S., as amended) shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. (Department of Public Health and Environment) 4. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S., as amended. (Department of Public Health and Environment) 5. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance conditions. (Department of Public Health and Environment) • 6. The applicant shall operate in accordance with the approved "Waste Handling Plan", at all times. (Department of Public Health and Environment) 7. Any vehicle washing area(s) shall capture all effluent and prevent discharges from drum washing and the washing of vehicles in accordance with the Rules and Regulations of the Water Quality Control Commission, and the Environmental Protection Agency. (Department of Public Health and Environment) 8. 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) 9. This facility shall adhere to the maximum permissible noise levels allowed in the Residential Zone as delineated in Section 14-9-30 of the Weld County Code. (Department of Public Health and Environment) 10. Adequate drinking, hand washing and toilet facilities shall be provided for at all times. (Department of Public Health and Environment) 11. Sewage disposal for the facility shall be by septic system. Any septic system located on the property must comply with all provisions of the Weld County Code, pertaining to Individual Sewage Disposal Systems. (Department of Public Health and Environment) 12. A permanent, adequate water supply shall be provided for drinking and sanitary purposes. The facility shall utilize the existing public water supply. (Central Weld County Water District Account No. 102181) (Department of Public Health and Environment) • 13. The Spill Prevention, Control and Countermeasure Plan shall be available on site, at all times. (Department of Public Health and Environment) URa-1736 Collins Page 7 14. All potentially hazardous chemicals must be 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). All chemicals must be stored secure, on an impervious surface, and in accordance with manufacturer's recommendations. (Department of Public Health and Environment) 15. 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) 16. The operation shall comply with all applicable rules and regulations of State and Federal agencies and the Weld County Code. (Department of Public Health and Environment) 17. 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) 18. Building permits shall be obtained prior to the change of use of all structures and for all existing structures on the property that have not been permitted which require permits. Certificate of Compliance permits for pole structures which meet the requirements as Ag-Exempt under Weld County definitions are required for all proposed new structures and any existing structure which permits were not obtained. (Department of Building Inspection) 19. A plan review is required for each building or structure for which a building permit is required. Two complete sets of plans are required when applying for each permit. Include a Code Analysis Data sheet for the Weld County Building Department for each structure that requires a permit. Submittal plans shall include a floor plan showing the specific uses of each area for the building. Plans shall bear the wet stamp of a Colorado Licensed Architect or Engineer. (Department of • Building Inspection) 20. Buildings shall conform to the requirements of the various codes adopted at the time of permit application. Currently the following has been adopted by Weld County: 2006 International Building Code; 2006 International 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) 21. All building plans shall be submitted to the Platteville Fire Department for review and approval prior to issue of building permits. (Department of Building Inspection) 22. 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) 23. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240, Weld County Code. 24. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250, Weld County Code. 25. 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) USR-1736 Collins Page 8 26. The site shall be maintained in accordance with the approved Screening Plan. (Department of • Planning Services) 27. Hours of operation shall be from 8:00AM to 5:00PM Monday through Saturday. (Department of Planning Services) 28. The site shall be limited to no employees on site, other than the property owners. (Department of Planning Services) 29. 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) 30. The earthen berm should be a maximum of 3.5 feet high or less near the access drives to allow adequate sight distance in both directions. (Department of Public Works) 31. The roadside ditch shall be kept free of debris and fill from the berm. The applicant must take into consideration stormwater capture/quantity and provide accordingly for best management practices. (Department of Public Works) 32. Should noxious weeds exist on the property or become established as a result of the proposed development the applicant/landowner shall be responsible for controlling the noxious weeds, pursuant to Chapter 15, Articles I and II of the Weld County Code. (Department of Public Works) 33. The historical flow patterns and runoff amounts will be maintained on site in such a manner that it will reasonably preserve the natural character of the area and prevent property damage of the type generally attributed to run-off rate and velocity increases, diversions, concentration and/or unplanned ponding of storm run-off. (Department of Public Works) • 34. 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. 35. 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. 36. 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. 37. 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 USR-1736 Collins Page 9 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. • USR-1736 Collins Page 10 • 10 tta DEPARTMENT OF PLANNING SERVICES 1555 N 178h AVE GREELE CO 80631 01!, PHONE: (970) 353: (970) Ext. 6498 FAX: (970) 304-6498 C. COLORADO July 14,2010 Jessie Cogburn c/o Robert Collins 13187 CR 17 Platteville CO 80651 Subject: USR-1736- A Site Specific Development Plan and Use by Special Review permit for a Home Business (excavating company) and one (1) single-family dwelling unit per lot (second home on the property) in the A (Agricultural)Zone District on a parcel of land described as SW4NE4/N2SE4&SE4SE4 of Section 29,T3N, R67W of the 6th P.M.,Weld County, Colorado. Dear Applicants: • I have scheduled a meeting with the Weld County Planning Commission on August 3, 2010, at 1:30 p.m. This meeting will take place in the Hearing Room,Weld County Planning Department, 918 10'11 Street, Greeley, Colorado. A subsequent hearing will be held on August 25, 2010 at 10:00 a.m., in the Chambers of the Board of County Commissioners, Weld County Centennial Center, 915 10th Street, First Floor, Greeley, Colorado. It is recommended that you and/or a representative be in attendance to answer any questions the Planning Commission members or Board of County Commissioners may have. Colorado Revised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01-1088) requires notification of all mineral estate owners 30 days prior to any public hearing. The applicant needs to provide the Weld County Planning Department with written certification indicating the above requirement has been met. A representative from the Department of Planning Services will be out to the property a minimum of ten days prior to the hearing to post a sign adjacent to and visible from a publicly maintained road right-of-way which identifies the hearing time, date, and location. In the event the property is not adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent place on the property and a second sign posted at the point at which the driveway(access drive)intersects a publicly maintained road right-of-way. The Department of Planning Services' staff will make a recommendation concerning this application to the Weld County Planning Commission and will be included in the 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/PlanningZoninci/PlanninciDepartment/index.html If you have any questions concerning this matter, please call. Respectfully, ' ^ Digitally t by Kristine Ranslem Reason: n:I am am the author of this document Location:1555 N 17th Ave Date:2010.07.14 08:44:27-06'00' Kim Ogle Planner • • 4argl MEMORANDUM Inge DOTE: Case2,'le:2010 SR-1736 April COLORADO FROM: Kim Ogle, Planning Services SUBJECT: Amendment to the Application Jessie Cogburn — Robert and Pauline Collins The Department of Planning Services received an application for a recorded exemption to subdivide two acres from the original 160 acre more or less parcel owned by Jessie Cogburn. This action resulted in a modification to USR-1736, as the original application was for: A Site Specific Development Plan and Use by Special Review Permit for a home business (excavating company) and one single family dwelling unit per lot (second home on the property) in the A (Agricultural) Zone District. The modified land use application is for: A Site Specific Development Plan and Use by Special Review Permit for a home • business (Collins Construction and Trucking) in the A (Agricultural) Zone District. Planning Services is of the opinion that the resultant application will be on lands owned by Robert and Pauline Collins and will encumber two acres for the home business component only. No further adjustment to the land use application is proposed. Given this is less in intensity and on land smaller in size this office determined re-notification and re-referral was not required. • fates • Wine SDU USE APPLICATI MMARY SHEET COLORADO Planner: Kim Ogle Case Number: USR-1736 Hearing Date: June 1 or August 3, 2010 Applicant: Robert and Pauline Collins Site Address: 13473 County Road 17, Platteville, Colorado 80651 Request: A Site Specific Development Plan and Use by Special Review Permit for a home business (Collins Construction and Trucking) in the A (Agricultural) Zone District. Legal Description: Lot A RE-5021; Part SW4NE4 of Section 29, T3N, R67W of the 6th P.M., Weld County, Colorado Location: North of and adjacent to CR 28; West of and adjacent to CR 17 Size of Parcel: +/-2 acres Parcel Number: 1209-27-4-00-027 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: • Platteville Fire Protection District, referral dated January 30, 2010 • Weld County School District RE-1J, referral dated January 30, 2010 • Colorado Division of Wildlife, referral dated January 31, 2010 • Kerr-McGee Oil & Gas Onshore, LP, referral dated February 3, 2010 • Longmont Soil Conservation District, referral dated February 9, 2010 With Comments: • Weld County Zoning Compliance, referral dated January 28, 2010 • Noble Energy Inc., referral dated January 28, 2010 • Town of Mead, referral dated February 3, 2010 • Department of Planning — Landscape referral dated February 4, 2010 • Weld County Department of Building Inspection, referral dated February 8, 2010 • Weld County Department of Public Works, referral dated February 24, 2010 • Weld County Department of Public Health and Environment, referral dated March 26, 2010 The following agencies have not responded: Weld County Sheriffs Office S . • US Army Corps of Engineers • Town of Firestone USR-1736 Collins Page 1 PRELIMINARY • /otarg SPECIAL REVIEW PERMIT I// ADMINISTRATIVE REVIEW wok COLORADO Planner: Kim Ogle Case Number: USR-1736 Hearing Date: June 1 or August 3, 2010 Applicant: Robert and Pauline Collins Site Address: 13473 County Road 17, Platteville, Colorado 80651 Request: A Site Specific Development Plan and Use by Special Review Permit for a home business (Collins Construction and Trucking) in the A (Agricultural) Zone District. Legal Description: Lot A RE-5021; Part SW4NE4 of Section 29, T3N, R67W of the 6th P.M., Weld County, Colorado Location: North of and adjacent to CR 28; West of and adjacent to CR 17 Size of Parcel: +/- 2 acres Parcel Number: 1209-27-4-00-027 • THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS: 1. The submitted materials are in compliance with the application requirements of Section 23-2-260 of the Weld County Code. 2. It is the opinion of the Department of Planning Services' staff that the applicant has shown compliance with Section 23-2-220 of the Weld County Code as follows: A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other applicable code provisions or ordinance in effect. 22-2-20.A.Goal 7 County land use regulations should protect the individual property owner's right to request a land use change. 22-2-20 A.Policy 7.1. County land use regulations should support commercial and industrial uses that are directly related to, or dependent upon, agriculture, to locate within the agricultural areas, when the impact to surrounding properties is minimal, or can be mitigated, and where adequate services are currently available or reasonably obtainable. 22-2-20.D A.Goal 4 Promote a quality environment which is free of derelict vehicles, refuse, litter and other unsightly materials. Development Standards and Conditions of Approval will ensure that the proposed use • will be compatible with the area. The surrounding property is primarily agricultural in nature with one home in close proximity to the North. Section 23-2-240.A.10 of the Weld County Codes states "...that buffering or screening of the proposed use from adjacent USR-1736 Collins Page 2 PRELIMINARY properties may be required in order to make the determination that the proposed use is • compatible with the surrounding uses." As a condition of approval the applicant will be required to demonstrate how the property, including the parking of various vehicles, equipment and construction materials will be stored on-site. B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the Agricultural (A) Zone Districts. Section 23-3-40.O of the Weld County Code allows for A Site Specific Development Plan and Special Review Permit for a Home Business (Excavating Business) in the A (Agricultural) Zone District. The site currently has a single family home, detached garage and components associated with a non-commercial junkyard. The surrounding property is primarily agricultural in nature with a few homes located in close proximity. The site is currently in violation (ZCV09-00143) for the storage of commercial equipment and storage of materials associated with the operation of a commercial business without first obtaining the necessary Weld County permits. The violation case has not been presented to the Board of County Commissioners through the Violation Hearing process. If this application is approved by the Board of County Commissioners the violation will be corrected. If this application is denied, the Department of Planning Services would request that the violation case be referred to the County Attorney's Office, but to delay legal action for thirty (30) days in order to all adequate time to the ensure that all operations and advertisements have been removed from the property. No comments were received from any *surrounding property owners. C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing surrounding land uses. The surrounding property to the north, south, east and west are zoned Agricultural (A) and are primarily utilized for large tract agricultural uses. A mineral resource development facility is located to the northeast of the property. Therefore, given the impact of the • proposed use, an approved screening plan, and a plan to remove several above ground storage tanks, the use (excavating business) will be compatible with the surrounding agricultural 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 located within the three mile referral area of the Towns of Firestone and Mead. The Town of Firestone did not return a referral, and the Town of Mead in their referral dated February 8, 2010 indicated no conflict with their interests. Staff believes that the Conditions of Approval and Development Standards will ensure that the use will be compatible with existing surrounding land uses. E. Section 23-2-220.A.5 --The application complies with Article V of the Weld County Code. The existing site is within the County Road Impact Fee Area and the Capital Expansion Impact Fee but not in the Stormwater/Drainage Impact Fee area. Effective January 1, 2003, Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County Road Impact Program. (Ordinance 2002-11) Effective August 1, 2005, Building permits issued on the subject site will be required to adhere to the fee structure of the Capital Expansion Impact Fee and the Stormwater/Drainage Impact Fee. (Ordinance 2005-8, Section 5-8-40) • F. Section 23-2-220.A.6 -- The applicant has demonstrated a diligent effort to conserve prime agricultural land in the locational decision for the proposed use. USR-1736 Collins Page 3 PRELIMINARY • The subject site is primarily classified as "Prime Irrigated Farmlands of National Importance" as delineated on the Important Farmlands of Weld County map, dated 1979. This size of the USR boundary (2 acres) is currently developed and therefore, is not conducive to agricultural uses. G. Section 23-2-220.A.7 — There is adequate provisions for the protection of health, safety, and welfare of the inhabitants of the neighborhood and County. The Design Standards (Section 23-2-240, Weld County Code), Operation Standards (Section 23-2-250, Weld County Code), Conditions of Approval and Development Standards can ensure that there are adequate provisions for the protection of health, safety, and welfare of the inhabitants of the neighborhood and County. This recommendation is based, in part, upon a review of the application materials submitted by the applicant, other relevant information regarding the request, and responses from referral entities. 1. The plat shall be amended to delineate the following: A. The plat shall be prepared in accordance with Section 23-2-260.D of the Weld County Code. (Department of Planning Services) B. All sheets of the plat shall be labeled USR-1736. (Department of Planning Services) C. The attached Development Standards. (Department of Planning Services) D. County Road 17 is classified by the County as a local gravel road, which requires a 60 • foot right-of-way at full build out. The applicant shall verify the existing right-of-way and the documents creating the right-of-way. If the right-of-way can not be verified, it shall be dedicated. The plat shall delineate the existing right-of-way and the documents which created it. (Department of Public Works) E. The applicant shall use the existing accesses to this parcel as no additional accesses shall be granted. (Department of Public Works) G. The berm width as shown on the site plan is likely not adequate for the berm to be stable, and may need to be much wider than shown. The propane tank and power pole may need to be moved. (Department of Public Works) H. The area for the water quality feature shall be called out as "Reserved for Drainage Area, No Build". (Department of Public Works) The applicant shall delineate the trash collection areas. Section 23-3-350.H of the Weld County Code addresses the issue of trash collection areas. Areas used for storage or trash collection shall be screened from adjacent public rights-of-way and adjacent properties. These areas shall be designed and used in a manner that will prevent wind or animal scattered trash. (Department of Planning Services) 2. The applicant shall provide evidence that Recorded Exemption, RE-5021, has been submitted for recording, thereby creating a separate legal parcel 3. The applicant shall complete required construction and obtain a Certificate of Occupancy, Building Permit (BCR10-00042) for the addition to the existing dwelling built in 1890 to attach a 9 x 12 foot wood frame breezeway to a 14 x 66 foot 1975 Champion block and tied mobile home for • use as a recreational room. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Weld County Department of Planning Services) USR-1736 Collins Page 4 PRELIMINARY ". / • 4. The applicant shall complete required construction and obtain a Certificate of Occupancy, Building Permit (BCR07-01472) for the agricultural exempt pole barn. Should the pole barn be - utilized for storage of commercial materials and equipment a change of use building permit will be required. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Weld County Department of Planning Services) 5. The applicant shall address the concerns expressed by the Department of Public Health and Environment, specific to their referral dated April 26, 2010. Written evidence shall be submitted to the Department of Planning Services. (Department of Public Health and Environment) A. The applicant shall submit a dust abatement plan, detailing on site dust control measures, for review and approval, to the Environmental Health Services, Weld County Department of Public Health & Environment. B. An accurate drawing, which depicts sizing and location, of the existing septic system for the south two bedroom home (Permits SE-0900051) shall be provided to the Environmental Health Services Division of the Weld County Department of Public Health and Environment for review. If the absorption field is undersized by more than 20 percent, the septic field shall be brought into compliance with current ISDS Regulations. C. Alternately to item#2 above, the applicant shall install individual sewage disposal system in accordance to the Weld County Individual Sewage Disposal Regulations. D. In the event washing of vehicles will occur on site the applicant shall ensure that any vehicle washing area(s) shall capture all effluent and prevent discharges from the washing of vehicles in accordance with the Rules and Regulations of the Water Quality Control Commission, and the Environmental Protection Agency. Vehicle washing areas • should be designated on the plat. E. The applicant shall submit evidence of an Aboveground Storage Tank permit from the Colorado Department of Labor and Employment (CDL&E), Oil Inspection Section for any aboveground storage tanks located on the site. Alternately, the applicant can provide evidence from the (CDL&E), Oil Inspection Section that they are not subject to these requirements. F. A signed copy of the Spill Prevention, Control and Countermeasure Plan shall be provided to Environmental Health Services Division of the Weld County Department of Public Health & Environment. In accordance with Section 3-6-1 of the Colorado Department of Labor and Employment Division of Oil and Public Safety Storage Tank Regulations (7 C.C.R. 1101-14) as well as EPA regulations (40 CFR Part 112). G. 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. 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). H. Any aboveground storage tanks and 55 gallon drums not recorded on the plat must be • removed and properly disposed. USR-1736 Collins Page 5 PRELIMINARY H. Any aboveground storage tanks and 55 gallon drums not recorded on the plat must be • removed and properly disposed. 6. The applicant shall address the concerns expressed by the Department of Public Works specific to their referral dated February 24, 2010. Written evidence of compliance shall be submitted to the Department of Planning Services. (Department of Public Works) 7. The applicant shall address the concerns expressed by the Department of Planning — Landscape referral dated February 4, 2010. Written evidence of compliance shall be submitted to the Department of Planning Services. (Department of Planning Services) A. The transient mobile home (fifth Wheel) currently utilized for the storage of construction materials does not meet the intent, nor is it able to be permitted under the Weld County Code, and therefore shall be removed from the property. 8. The applicant shall submit a Private Improvements Agreement according to policy. The applicant shall submit to the Department of Planning Services itemized bids for all improvements. The agreement and form of collateral shall be reviewed by County Staff and accepted by the Board of County Commissioners prior to recording the Use by Special Review plat. Or the applicant may submit evidence that all the work has been completed and approved by County Staff(Department of Planning Services) 9. Upon completion of 1 through 7 above the applicant shall submit a Mylar plat along with all other documentation required as Conditions of Approval. The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by Department of Planning Services' Staff. The plat shall be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code. The Mylar plat and additional requirements shall be submitted within sixty (60) days from the date of the Board of County Commissioners resolution. The applicant shall be responsible for • paying the recording fee. (Department of Planning Services) 10. In accordance with Weld County Code Ordinance 2006-7 approved June 1, 2006, should the plat not be recorded within the required thirty (30) days from the date the Board of County Commissioners resolution a $50.00 recording continuance charge shall added for each additional 3 month period. (Department of Planning Services) 11. The Department of Planning Services respectively requests the surveyor provide a digital copy of this Use by Special Review. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles, Arclnfo Coverages and Arclnfo Export files format type is .e00. The preferred format for Images is .tif(Group 4). (Group 6 is not acceptable). This digital file may be sent to maos(a.co.weld.co.us. (Department of Planning Services) 12. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder. (Department of Planning Services) • USR-1736 Collins Page 6 PRELIMINARY SITE SPECIFIC DEVELOPMENT PLAN • SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Robert and Pauline Collins USR-1736 1. A Site Specific Development Plan and Use by Special Review Permit for a home business (Collins Construction and Trucking) in the A (Agricultural) Zone District and subject to the Development Standards stated hereon. (Department of Planning Services) 2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County Code. (Department of Planning Services) 3. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S., as amended) shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. (Department of Public Health and Environment) 4. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S., as amended. (Department of Public Health and Environment) 5. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance conditions. (Department of Public Health and Environment) 6. The applicant shall operate in accordance with the approved "Waste Handling Plan", at all times. • (Department of Public Health and Environment) 7. Any vehicle washing area(s) shall capture all effluent and prevent discharges from drum washing and the washing of vehicles in accordance with the Rules and Regulations of the Water Quality Control Commission, and the Environmental Protection Agency. (Department of Public Health and Environment) 8. 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) 9. This facility shall adhere to the maximum permissible noise levels allowed in the Residential Zone as delineated in Section 14-9-30 of the Weld County Code. (Department of Public Health and Environment) 10. Adequate drinking, hand washing and toilet facilities shall be provided for at all times. (Department of Public Health and Environment) 11. Sewage disposal for the facility shall be by septic system. Any septic system located on the property must comply with all provisions of the Weld County Code, pertaining to Individual Sewage Disposal Systems. (Department of Public Health and Environment) 12. A permanent, adequate water supply shall be provided for drinking and sanitary purposes. The facility shall utilize the existing public water supply. (Central Weld County Water District Account No. 102181) (Department of Public Health and Environment) • 13. The Spill Prevention, Control and Countermeasure Plan shall be available on site, at all times. (Department of Public Health and Environment) USR-1736 Collins Page 7 PRELIMINARY 14. All potentially hazardous chemicals must be 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). All chemicals must be stored secure, on an impervious surface, and in accordance with manufacturer's recommendations. (Department of Public Health and Environment) 15. 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) 16. The operation shall comply with all applicable rules and regulations of State and Federal agencies and the Weld County Code. (Department of Public Health and Environment) 17. 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) 18. Building permits shall be obtained prior to the change of use of all structures and for all existing structures on the property that have not been permitted which require permits. Certificate of Compliance permits for pole structures which meet the requirements as Ag-Exempt under Weld County definitions are required for all proposed new structures and any existing structure which permits were not obtained. (Department of Building Inspection) 19. A plan review is required for each building or structure for which a building permit is required. Two complete sets of plans are required when applying for each permit. Include a Code Analysis Data sheet for the Weld County Building Department for each structure that requires a permit. Submittal plans shall include a floor plan showing the specific uses of each area for the building. Plans shall bear the wet stamp of a Colorado Licensed Architect or Engineer. (Department of . Building Inspection) 20. Buildings shall conform to the requirements of the various codes adopted at the time of permit application. Currently the following has been adopted by Weld County: 2006 International Building Code; 2006 International 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) 21. All building plans shall be submitted to the Platteville Fire Department for review and approval prior to issue of building permits. (Department of Building Inspection) 22. 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) 23. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240, Weld County Code. 24. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250, Weld County Code. 25. 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) USR-1736 Collins Page 8 PRELIMINARY 26. The site shall be maintained in accordance with the approved Screening Plan. (Department of • Planning Services) 27. Hours of operation shall be from 8:00AM to 5PM Monday through Saturday. (Department of Planning Services) 28. The site shall be limited to no employees on site, other than the property owners. (Department of Planning Services) 29. 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) 30. The earthen berm should be a maximum of 3.5 feet high or less near the access drives to allow adequate sight distance in both directions. (Department of Public Works) 31. The roadside ditch shall be kept free of debris and fill from the berm. The applicant must take into consideration stormwater capture/quantity and provide accordingly for best management practices. (Department of Public Works) 32. Should noxious weeds exist on the property or become established as a result of the proposed development the applicant/landowner shall be responsible for controlling the noxious weeds, pursuant to Chapter 15, Articles I and II of the Weld County Code. (Department of Public Works) 33. The historical flow patterns and runoff amounts will be maintained on site in such a manner that it will reasonably preserve the natural character of the area and prevent property damage of the type generally attributed to run-off rate and velocity increases, diversions, concentration and/or unplanned ponding of storm run-off. (Department of Public Works) • 34. 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. 35. 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. 36. 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. 37. 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 USR-1736 Collins Page 9 PRELIMINARY 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. FIRST DRAFT COMMENTS 4/26/10, FORWARDED TO COUNTY REFERRAL DEPARTMENTS ONLY • USR-1736 Collins Page 10 PRELIMINARY • FIRST DRAFT 3-22-2010 Second Draft 4-12-2010 EMAILED: Tammy &Jimmie James, Applicant Heidi Hansen, Public Works—Corrections accepted 3-22-2010 Lauren Light, Environmental Health Ken Swanson, Building Bethany Salzman, Compliance • • USR-1736 Collins Page 11 PRELIMINARY S a DEPARTMENT OF PLANNING SERVICES 918 10TH Street ' GREELEY, CO 80631 W� C PHONE: (970)FAX-(970)304-6498 COLORADO January 27, 2010 Jessie Cogburn do Robert Collins 13187 CR 17 Platteville CO 80651 Subject: USR-1736 - Request for a Site Specific Development Plan and Use by Special Review Permit for a home business (excavating company)and one single family dwelling unit per lot (second home on the property) in the A (Agricultural) Zone District on a parcel of land described as SW4NE4/N2SE4 & SE4SE4 of Section 29, T3N, 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 Firestone and Mead Planning Commission for their review and comments. Please call Firestone at 303-833-3291 and Mead at 970- 535-4477 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 Firestone and Mead 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 this document Location:918 10th St,Greeley CO Date:2010.01.2711 O3:33-07'00' Kim Ogle Planner • PLANNING COMMISSION AND BOARD OF COUNTY COMMISSIONERS' SIGN POSTING CERTIFICATE • THE LAST DAY TO POST THE SIGN IS JULY 23, 2010 THE SIGN SHALL BE POSTED ADJACENT TO AND VISIBLE FROM A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY. IN THE EVENT THE PROPERTY BEING CONSIDERED FOR A SPECIAL REVIEW IS NOT ADJACENT TO A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY, THE DEPARTMENT OF PLANNING SERVICES SHALL POST ONE SIGN IN THE MOST PROMINENT PLACE ON THE PROPERTY AND POST A SECOND SIGN AT THE POINT AT WHICH THE DRIVEWAY (ACCESS DRIVE) INTERSECTS A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY. I, KIM OGLE, HEREBY CERTIFY UNDER PENALTIES OF PERJURY THAT THE SIGN WAS POSTED ON THE PROPERTY AT LEAST TEN DAYS BEFORE THE PLANNING COMMISSIONERS HEARING AND THE BOARD OF COMMISSIONERS HEARING FOR A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT FOR A HOME BUSINESS (COLLINS CONSTRUCTION AND TRUCKING) IN THE A (AGRICULTURAL) ZONE DISTRICT. [ROBERT AND PAULINE COLLINS] KIM OGLE Name of Person Posting Sign bl \ Signature P son Posting Sign STATE OF COLORADO ) ) ss. COUNTY OF WELD ) /� The foregoing instrument was subscribed and sworn to me th is day of___ f_L5 2010. WITNESS my hand and official seal. Z Notary Public BILLIE J. MOORE /1 NOTARY PUBLIC My Commission Expires: 11jdai/D STATE OF COLORADO • • - rY ' � � / `rl . • - f1 i L S • 1 1 \ 1 ; :!; ►. fi 1111 V. •. f : _1i • . I In II.. Ilk INte: 7- mr 2 4 istb 0 •, . es .. ... ,.. � � ,i ,i .. ...... .... t. ,,sir Tot T 'Y.1., ,a. Q Ist.11 •A � 1 CO titS:linftt I. i .. 1 ) : f . 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Public Hearing Concerning THIS PROPERTY Will be Held at: Commissioners Hearing Room Weld County Centennial Center 915 Tenth Street Greeley, CO On AUbi>osT 'S 20 1 Q ; at: 10:00 A.M. Applicant•. V P-T t- -. Request: SfeC1�- L) 1 RNw �c�fC . re fM�i RA�g1NE�3Fa �G4 �NS Cot-Ads-trucaix234 t 'rekX-K-n>,b•) Case Number: 133 n v - Acres G 4,,_ FOR FURTHER INFORMATION PLEASE CONTACT bet A4 OI2 AT 970-353-6100 •xt_ ti. .e! -- 40 iUfa' a I gg 4y 7 .III • • FIELD CHECK Inspection Date : April 21 , 2010 Case Number: USR-1736 Applicant: Robert Collins Site Address: 13473 County Road 17, Platteville, Colorado 80651 Request: A Site Specific Development Plan and Use by Special Review Permit for a home business (excavating company) in the A (Agricultural) Zone District. Legal Description: Lot A RE-5021 ; Part SW4NE4 of Section 29, T3N, R67W of the 6th P. M. , Weld County, Colorado Location: North of and adjacent to CR 28; West of and adjacent to CR 17 Size of Parcel: +/- 2 acres Parcel Number: 1209-27-4-00-027 Zoning Land Use N A (Agricultural) N Agricultural with residence E A (Agricultural) E Agricultural S A (Agricultural) S Agricultural • W A (Agricultural) W Agricultural COMMENTS: Property has existing improvements, a single family residence with a single wide mobile home to be utilized as a den when attached to the existing residence. There is a detached garage, one semi trailer, one undocumented 1950s style mobile home, and one pole barn in construction . There are also various vehicles and equipment stored on-site. Also, there are two trailers on the property used for storage of construction tools and supplies. Additionally there are several barrels 55 gallon to over 1000 gallon in capacity that are utilized for storage of used oil and for the use of diesel fuel dispensing . There are several piles of miscellaneous metal, wood, concrete and other associated materials considered components of a non-commercial junkyard. There is no screening present on site. Access is from CR 17 in two locations. A deep borrow ditch is adjacent to road. and a private lateral surrounds property to West. f, , . "ti -------N\ s 71Y *4 rcr .j - Or — 5 -.s. `SY^ aar - - . CR 17 is a local gravel two lane road with borrow ditch both sides. Utilities are overhead for electric and underground for telephone. • j. il_ -1-4----L A--\,___ Kim Ogl tr7� •, , I 4 , ., . 1.. _ _ '*� , _ 't,i � }., err;? P � i.. r 1 •sywe�> y�'�Vr _ ' ♦ fjr• _ ✓ . I ft n =Z Y rk,. i . 1,4114.7 , i 1 ‘)„,,2•340i ', f'si - �: gip'' 4� 'r-6.'• '• it _40.: I , . lE •rQ 'K .S, ,o . IIYYI .k, • ,♦ A • .•el - s- Y. u > ; `m. r r F- + , % r•1. , , 1 • 4 s ,_ _,.. 1 ,, 1 VIZIV'K 14 If . 5 • # - ' s _ *,:t..., - - . tom . ..r i T • P - it ( 't,FFFr ��,. b�. v,W6P ;u.'Y•.` • _ , II ti •. .''.fit,e. 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I i0 I. , ' 1• 1 , w 1 1 • • Kristine Ranslem m: Kristine Ranslem t: Wednesday, January 27, 2010 2:51 PM S 'Roy Spitzer' Subject: USR-1736 Field Inspection Attachments: USR1736.docx We have just received a case (USR-1736) in which we ask that you review the material and send a referral to us by February 27, 2010. The following is a quick link to the case in question: http://www.co.weld.co.us/redesiqn/Planning/PlanningDepartment/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! icristiNte Rawslew+ Planning Technician Weld County Planning Services 918 10 Street, Greeley CO 80631 970-353-6100 ext. 3519 • • 1 WELD COUNTY • COMPLETENESS REVIEW REVIEW DATE: December 19, 2009 TYPE OF APPLICATION: Special Use Permit for a 2nd Dwelling and a Home Business LEGAL DESCRIPTION: SW4NE4/N2SE4 & SE4SE4 Section 29, Township 3 North, Range 67 West of the 61h P.M. Weld County, CO COMPANY NAME/REPRESENTATIVE/OWNER: Robert (Bob) Collins for Jessie Cogburn PARCEL NUMBER: 1209-29-2-00-028 SITUS ADDRESS: 13473 County Road 17, Platteville, 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 forma 9 )Land Use Application. If you have any questions regarding the process and/or application please call im •gle at 970 353 6100 x 3549, or email at kogle(@co.weld.co.us — REVIEW: After the completeness review process, please submit your formal Land Use Application to the Department of Planning Services. Be sure all items on the submittal checklist are submitted in addition to the items outlined in th__e pj- 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(o)co.weld.co.us — 970-304-6415 x2211 Building Inspection: Ken Swanson — kswansonco.weld.co.us — 970 353 6100 x 3548 Weld County Department of Planning Services reeley Office— Longmont Office — 918 101h 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. The Site map must be drawn to a scale of 11750 feet, or larger and utilize call outs for pasture grass, fields, *._fence lines, utilities, construction vehicle parking and outside storage of equipment and materials et cetera. Refer to page 8 of application procedural guide and make certain all3pplicable requirements shown on USR map 7 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- Questionnaire#3: Section 23-3-40. L allows for one single family residence other that those permitted as use by right and Section 23-3-40.0 allows for a Home Business through the Special Use Permit process in the Agricultural Zone District Questionnaire#6: Discuss in greater detail the lay of the land. Slope, irrigation ditches, vegetative cover storage and parking areas for vehicles,‘ circulation?, crop production oil and gas the adjacent road. 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 , .. -- ._ it Certificate of Conveyances requires new stamp of authentication. Certficate must be 30 days current 44. There is a requirement to identify the mineral interest for the property. Oil and_Gas.produdil9n is located in the area. Please provide name of mineral leasee, address, phone number and other points of contact Please obtain a copy of the soils report through the NRCS for the property. The County Extension Agent may be able to assist with your inquiry. ._ PL IBL!C 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 • y WELD COUNTY,COLORADO -OEPARTMENT OF PLANNING SERVICES 918 10Th STREET GREELEY,CO 80631 • PHONE: 970-353-6100,EXT.3540/FAX: 970-304-6498 20 I Receipt No. s 3J .; aived From: Co L L_1 '4 : Ce a c rn u c r,r y ? '7;e u rc,, JG Permit Type No. Description Fee ≥1-RE/SE �1,ZPMH i ≥1-USRN / 1440^t An jL`' t, u. ` '/ a r, . ≥1-SITE PLAN REVIEW /3 �� J � ≥1-CHANGE OF ZONE 1 !1-PUD 61/ 1 (/ 1-MINOR/MAJOR SUB F BUILDABLE LOTS 1-ADDITIONAL 30% FEE FOR SUB's • 1-RE-SUBDIVISIONS 1-BOA :1-FHDP/GHDP i0-MAPS/POSTAGE ,0-COPIES O-INVESTIGATION FEE 0-RECORDING FEE C. \5H-ftCHECK NO. TOTAL FEE lipted By: ' DL# Exp. • Hello