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Home My WebLink About20101880.tiff • { Weld County Planning Department <(��\��r�,¶¶�� }}��\\q� I�1��{V}}��\\y ��ryq RESPONSE }� �(\l��qv GREELEY OFFICE LI 1� JUL 3 /"l • SPO VIL.II ^/1�VCE �L` ESPONS d 2R min :DEPARTMENT OF PL 1�y�g — 190}-4-0 RECEIVED PLEASE PLEASE RESPOND WITHIN THREE DAYS.* ** IF RESPONSE'WILL BE DELAYED, PLEASE NOTIFY "CTB GROUP" BY E-MAIL OF EXPECTED DATE FOR RESPONSE. RECOMMENDED ACTION: 5tnt s se L&+'rit -tt tQC. ftntet �.�+��.✓ .Iwo Ca) 3 os;ncu omits. Narrative: ►t . kit ,4 hs7-ar-ca4.aj rtc ao+rf ,rne. GKFb ,,ovnenke W. l.. j)omenice istr is /oc..lsD ar 9'x74 SHG6. 19tt• /luuri /c1.4c is ,R ✓cstuNK i64 (eat S sewn To at h•ente ►co en 7uc, 2/, an r . AM< rctwA; c/ur,/u.-/ of -74441 (2) thou ,n 16 3-r,9, ' 444‹ w/ ''tspec-/- y4 -gc. taw! 5 n€i a..J £,tc.•+,4 StducraiCFS. METHOD OF RESPONSE: Board Action / Work Session V Letter(Attached) Telephone Call No Response (explain) //57/Or/de Depart ent Head Signature BOARD ACTION: (INITIAL BY SC WO BK DL DR APPROVAL) tvI°As AGREE WITH RECOMMENDATION- r `4) WORK SESSION- G cA dIl�,t 2010-1880 PA- CTB REFERRED TO PLE - GC .O FOR RECOMMENDATION. CONWAY GARCIA KIRKMEYER LONG RADEMACHER b DEPARTMENT OF PLANNING§ERVICES 918 10 STREET GREELEY, COLORADO 80631 PHONE (970) 353-6100 FAX (970) 304-6498 COLORADO August 6, 2010 VIA EMAIL to: domenicofarms@msn.com Gregory L. Domenico Ray Domenico Farms, Inc. 7740 York Street Denver, Colorado 80229 Subject: Rescinding of Certificate of Compliance(COC10-00042) at 9476 HWY 66 Due to Lack of Access Dear Mr. Domenico: The purpose of this letter is to inform you that the Department of Planning Services is rescinding the Certificate of Compliance (COC10-00042) that was issued to you for the proposed agricultural building to be constructed at 9476 HWY 66. The Certificate of Compliance (COC) is being rescinded as the result of the Department receiving a letter dated August 5, 2010 (attached), from the Colorado Department of Transportation, indicating that the access you provided this Department as a part of your COC application is no longer valid. In order to rectify this situation, please provide the Department with a revised COC application delineating the proposed access to this structure. Should you intend to use an access from Highway 66 please provide a copy of the CDOT Access Permit authorizing its use. If you intend to access this structure from a County road please contact our Public Works Department concerning a County Access Permit. Please do not hesitate to call me with any questions. I can be reached at 970-304-6415, X2214. Sincerely, Trevor Jiricek Director Cc: Bruce Barker, Weld County Attorney (via email) Ken Swanson, Weld County Building Official (via email) DEPARTMENT OF PLANNINGASERVICES Kit 1555 EL Y NORTH 17 AVENUE GRE COLORADO 80631 PHONE (970) 353-6100 IFAX (970) 304-6498 COLORADO August 6, 2010 Grant and Nancy Fisher 9224 Highway 66 Platteville, Colorado 80651-9112 Subject: Your Letter Dated July 21, 2010 Dear Mr. and Ms. Fisher: I apologize for the delay in responding to your letter. I had assumed the many verbal conversations we've had addressed the issues raised in your letter. My review of your lengthy letter generally boils down to two points: #1) does the Weld County Code (WCC) allow Mr. Domenico's proposed use as a"Use by Right", and#2) does the property owned by Mr. Domenico meet the "minimum lot" size as defined in the WCC. I'll address each point separately below: #1) Based upon the description of the proposed use of the property provided by Mr. Domenico staff has determined that his use meets the intent of Section 23-3-20 of the WCC, and is a Use by Right. Specifically, his proposed use falls into 23-3-20.E of the WCC. #2) The property (parcel#120927000027) does meet the minimum lot size as described in Section 23-3- 50 of the Weld County Code. While the "land subtotal"found in the County Assessor records (attached) indicates that the parcel is 77 acres, his lot is considered to be 80 acres. Mr. Domenico's parcel is whats known as a"short 80" and thus meets the minimum lot size. I have provided the legal description for Mr. Domenico's parcel below: 21287 E2NW4 27 3 67 EXC UPRR CO RES (1R2SHT) 9476 30 CR WELD 00000 Within the legal description you'll note the (1 R2SHT). These characters indicate 1 acre is a reservation for the railroad and 2 acres is a reservation for the state highway. When these 3 acres are considered Mr. Domenico's lot has 80 acres. As you are aware, staff summarized our understanding of Mr. Domenico's proposed land use and building requirements in a letter dated July 21, 2010. I have previously provided you a copy of this letter. I hope that I have adequately addressed the questions in your letter. Please do not hesitate to call me with any questions. I can be reached at 970-304-6415, X2214. Sincerely, Trevor Jiricek Director Cc: Bruce Barker, Weld County Attorney(via email) SERVICE,TEAMWORK,INTEGRITY,QUALITY ar(He ‘it, DEPARTMENT OF PLANNING SERVICES 1555 North 17`"Avenue GREELEY, COLORADO 80631 C I WEBSITE: www.co.weld.co.us E-MAIL:Etparko@co.weld.co.us O OFFICE (970) 353-6100, EXT. 3572 MOBILE (970) 302-5333 COLORADO FAX (970) 304-6498 August 5, 2010 Douglas B. Auer 100 Rio Grande Blvd. Denver, Colorado 80223-1518 RE: Correspondence letter by Douglas B. Auer, Attorney-at-law representing Greg Domenico dated July 26, 2010. Dear Mr. Auer: I have reviewed the letter from you regarding Mr. Dominico's land use and building permit for 9476 SH 66 and would like to take this opportunity to clarify the two bullets points from the July 21, 2010 letter. Both bullet points are with respect to the building department, which are directly conveyed from the Building Official, Ken Swanson. With regards to Bullet#1 the code is clear as stipulated in Code Section 29-3-20(13)... Agricultural buildings in the A (Agricultural) Zone District, except that this exemption shall not apply in platted subdivisions or unincorporated towns filed and recorded in the County Clerk and Recorder's office or on property approved as a site specific development plan as defined by Chapter 23 of this Code, excepting buildings built pursuant to a Use by Special Review for LIVESTOCK CONFINEMENT OPERATIONS under Section 23- 3-40 of this Code. Such buildings or structures shall meet the following requirement: (a) the only utilities allowed are water for livestock watering and cleaning, and electricity. Buildings or structures containing plumbing fixtures which support human habitation such as lavatories, sinks, water closets or showers are not to be considered as exempt from the permit requirements of this Code. Although the building is structurally exempt from a building permit, an electrical or plumbing permit and fee is required. (See Subsection A above). (b). A certificate of compliance for agricultural exempt buildings is required to be completed, signed and filed with the Department of Planning Services so as to verify setbacks and establish any applicable flood hazard requirements. With regards to Bullet #3 County staff and the Board of County Commissioners discussed Agricultural Exempt Buildings and their purpose on several occasions during recent code changes in 2010. Both the BOCC and staff agreed that an Ag Exempt Building could be used for things like 414 functions, non-commercial uses, loafing sheds, dairy shade structures, etc. We also all agreed that Ag Exempt buildings could not be used by employees on a full-time basis, which Mr. Domenico stated on record. The County acknowledges that Mr. Domenico employ's seasonal workers that can use the Ag Exempt buildings on a short-term and temporary basis, but in no circumstance shall any employee use the Ag Exempt buildings on a more permanent basis as this will nullify the Ag Exempt status, which will trigger a change-of-use and require building permits. Thank you for taking the time to contact Weld County and if you have any questions please contact me, or please feel free to contact Ken Swanson. Kind regards, 02/6 Tom Parko Planning Manager Weld County Planning Services Cc: County Commissioners Trevor Jiricek, Planning Services Director Ken Swanson, Building Official Bruce Barker, County Attorney Vicky Sprague, Clerk to the Board 2 LI Kit DEPARTMENT OF PLANNING SERVICES 1555 North 17t"Avenue GREELEY, COLORADO 80631 C WEBSITE: www.co.weld.co.us E-MAIL:E tparko@co.weld.co.us O OFFICE (970) 353-6100, EXT. 3572 MOBILE (970) 302-5333 COLORADO FAX (970) 304-6498 July 29, 2010 Commissioner Doug Rademacher BOCC Chairman 915 10th Street Greeley, CO. 80621 RE: Correspondence Request regarding letter by Douglas B. Auer, Attorney-at-law representing Greg Domenico dated July 26, 2010. Dear Commissioner Rademacher: I have reviewed the letter from Mr. Auer regarding Mr. Dominico's land use and building permit for 9476 SH 66. More specially, Mr. Auer's letter is in response to my letter addressed to Mr. Domenico, dated July 21, 2010, which is attached hereto. Mr. Auer acknowledges the County's letter and agrees with the land use conclusions. He did, however, request clarification on two issues dealing with the building code. I provided a copy of Mr. Auer's letter to Mr. Ken Swanson, Weld County Building Official and asked that he provide a respond to the first and third bullets as described in the letter dated July 21, 2010. With regards to Bullet#1 the code is clear as stipulated in Code Section 29-3-20(13)... Agricultural buildings in the A (Agricultural) Zone District, except that this exemption shall not apply in platted subdivisions or unincorporated towns filed and recorded in the County Clerk and Recorder's office or on property approved as a site specific development plan as defined by Chapter 23 of this Code, excepting buildings built pursuant to a Use by Special Review for LIVESTOCK CONFINEMENT OPERATIONS under Section 23- 3-40 of this Code. Such buildings or structures shall meet the following requirement: (a) the only utilities allowed are water for livestock watering and cleaning, and electricity. Buildings or structures containing plumbing fixtures which support human habitation such as lavatories, sinks, water closets or showers are not to be considered as exempt from the permit requirements of this Code. Although the building is structurally exempt from a building permit, an electrical or plumbing permit and fee is required. (See Subsection A above). (b). A certificate of compliance for agricultural exempt buildings is required to be completed, signed and filed with the Department of Planning Services so as to verify setbacks and establish any applicable flood hazard requirements. With regards to Bullet #3 the code is not clear. During a work session with the BOCC held on July 19, 2010 staff and the Commissioners discussed Agricultural Exempt Buildings and their purpose. Both the BOCC and staff agreed that an Ag Exempt Building could be used for things like 4H functions, non-commercial uses, loafing sheds, dairy shade structures, etc. We also all agreed that Ag Exempt buildings could not be used by employees on a full-time basis, which Mr. Domenico stated on record. It is the intent of this office to respond to Mr. Auer within two business days. If the BOCC would like to take a different direction or would like further clarification on anything discussed in this letter please contact me. Kind regards, va„,a„ Tom Parko Planning Manager Weld County Planning Services Cc: County Commissioners Trevor Jiricek, Planning Services Director Ken Swanson, Building Official Bruce Barker, County Attorney Vicky Sprague, Clerk to the Board 2 CGUNTY 9P 'RS DOUGLASS B. AUER 2010 JUL 21 A 9 21 Attorney and Counsellor at Law 100 Rio Grande Blvd. Denver, Colorado 80223-1518 ` `� " ' 1 Lei — (303) 832-1010 July 26, 2010 Copy via e-mail to: tparko tco.weld.co.us Mr. Tom Parko, Planning Manager Weld County Department of Planning Services 1555 North 17th Avenue Greeley, CO 80631 RE: Land Use and Building Permit for 9476 Colorado Highway 66 Greg Domenico Dear Mr. Parko: Please be advised that this office represents Greg Domenico; and I am writing to you concerning the above reference matter and your letter to my client dated July 21, 2010. I have been advised of the conversations that have taken place concerning the agricultural exempt building which my client intends to erect at the subject premises. I certainly agree with your letter that it is useful to summarize the understanding of my client's intent on the use of the property and the building and your offices and the county officials relevant to these matters. With regard to the Land Use, your explanation is clear and the citation to the Section of the code is certainly complete. However, we do have some questions concerning your statements on page 2 which you have identified as bullets. With regard to the first bullet, it appears that you are referring to paragraph 9 of the Certificate of Compliance Permit which delineates the matter of the utilities in complete detail. With regard to the third bullet, we are unclear as to what your statement there is intended to convey, where it relates to Mr. Domenico's permit and where it may be discussed in Chapter 29 of the Weld County Code. Mr. Tom Parko, Planning Manager Weld County Department of Planning Services July 26, 2010 Page 2. You should know that prior to filing the Certificate of Compliance Permit, Mr. Domenico coordinated and received the appropriate information and permissions from the Department of Transportation, State of Colorado for use of his accesses. I look forward to receiving your explanations as requested herein. Very truly yours, jiDOU B. AUER c: Barbara Kirkmeyer, Weld County Commissioner Sean Conway, Weld County Commissioner Douglas Rademacher, Weld County Commissioner Dave Long, Weld County Commissioner William Garcia, Weld County Commissioner Bruce Barker, Esq., Weld County Attorney Trevor Jiricek, Planning Services Director Ken Swanson, Weld County Building Official Gregory Domenico (via e-mail to: domenicofarmsna.msn.com) DEPARTMENT OF PLANNING SERVICES 1555 North 17t"Avenue GREELEY, COLORADO 80631 WIIDWEBSITE: www.co.weld.co.us CE AIL:(970 t353 6@co EXT c 572 OFFICE (970) 353-6100, EXT. 3572 MOBILE (970) 302-5333 COLORADO FAX (970) 304-6498 July 21, 2010 Gregory Domenico 11518 Clayton Street Thornton 80233 Subject: Land Use and Building Permit for 9476 Colorado Highway 66 Dear Mr. Domenico: Please find attached to this letter the Certificate of Compliance (COC) for the Agricultural Exempt Building that you are proposing to build at 9476 Colorado Highway 66. As you are aware, there have been many conversations and hypothetical scenarios discussed leading up to the release of this COC. As such, in order to provide clarity in the long-term I thought it would be useful to summarize our understanding of your intent to use your property and the intent of an agricultural exempt building as each of them relate to the Weld County Code (WCC). There are two issues at hand: Land use and building permits. Each will be discussed separately below: Land Use: With regards to the land use, you have indicated that you will handle and sort from property under your immediate control. As you are aware, this is a "Use Allowed by Right" in the Agricultural Zone per Section 23-3-20(E), of the WCC. This section states: "TEMPORARY storage and sorting of, in transit, of crops, vegetables, plants, flowers and nursery stock not raised on the premises and not for sale on said premises". As a courtesy I'd like to make you aware that should your operation engage in sorting from property that is not directly under your control or you engage in third party commercial activities, at this location, a Use by Special Review will be required per Section 23-2-200 of the WCC. Also, because access to your property is via a state highway, please note that your current access permit with the Colorado Department of Transportation(CDOT) may need to be modified Greg Domenico July 21, 2010 Page 2 should you operate outside its' defined parameters. Building Permit: The use you've proposed in your application can be conducted within an Agricultural Exempt building. As you are aware, the WCC requires that the following criteria be met in order for a COC to be issued: • The only utilities allowed are water for livestock watering and cleaning, and electricity. • Buildings or structures containing plumbing fixtures which support human habitation such as lavatories, sinks, water closets or showers are not to be considered as exempt from the permit requirements of this Code.. • As discussed in our work session, the intended use for an Agricultural Exempt Building is a non- commercial use. Having employees with respect to life, health, safety would trigger a commercial building permit. As a courtesy I'd like to make you aware that should any of the activities identified in the above bullets be commenced within this structure a full building permit and plan review is required per Chapter 29 of the WCC. I hope that this letter accurately summarizes our discussions. If you have any questions concerning the content of this letter please feel free to contact me at 970-353-6100, ext 3572 or via email at tparko@co.weld.co.us. Kind regards, v„„/t(„, Tom Parko Planning Manager Weld County Planning Services Cc: Trevor Jiricek, Planning Services Director Weld County Commissioners Bruce Barker, Weld County Attorney Ken Swanson, Weld County Building Official 2 Hello