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Home My WebLink About20103006.tiff INVENTORY OF ITEMS FOR CONSIDERATION • Applicant Kurt and Becki Schwader Case Number USR-1757 Submitted or Prepared Prior to At Hearing Hearing `" 1 Staff Comments X \` Department of Planning Services Field Check Form X N Letter to Applicant X Affidavit of sign posting X Legal Notifications X 2 Application X Maps X Deed/Easement Certificate X Surrounding Property/Mineral Owners X Utilities X N 3 Referral List X N., Referrals without comment X • Colorado Division of Wildlife, referral dated 8/26/2010 X Weld County School District RE-5J, referral dated 8/18/2010 X State of Colorado Division of Water Resources, referral dated 8/18/2010 X N, Town of Johnstown, referral dated 8/18/2010 X N Town of Berthoud, referral dated 8/25/2010 X '` Weld County Sheriffs Office, referral dated 8/17/2010 X 4 Referrals with comments X N Weld County Department of Public Health and Environment, referral dated X 9/15/2010 Colorado Department of Transportation, referral dated 8/18/2010 X �' Weld County Zoning Compliance, referral dated 8/18/2010 X Weld County Department of Building Inspection, referral dated 9/3/2010 X Weld County Department of Public Works, referral dated 9/13/2010 X Surrounding Prep,,rty Owners Letters X - PC Cxbibitc --X-- " • _6-- EXHIBIT --x- t`"t, 2010-3006 • I hereby certify that the items identified herein were submitted to the Department of Planning Services at or prio issio ring. o the sche led i P Co ers Michelle Martin G Planner • • ftotavq‘j ND USE• LA ON SUMMARY SHEET COLORADO Planner: Michelle Martin Case Number: USR-1759 Hearing Date: December 7, 2010 Applicant: Kurt and Becki Schwader Site Address: 21990 County Road 46, Johnstown, CO 80534 Request: A Site Specific Development Plan and Special Review Permit for A Use Permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the Commercial or Industrial Zone Districts, (heating and air conditioning business) in the A (Agricultural) Zone District Legal Description: Lot A of RE-2139 being part of W2 NW4 of Section 14, Township 4 North, Range 68 West of the 6'" P.M. Weld County, Colorado Location: South of and adjacent to CR 46 and east of and adjacent to Interstate 25 Frontage Road Size of Parcel: +/- 2.87 Acres • Parcel Number: 1061 14 200041 POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS The criteria for review of this Special Review Permit is listed in Section 23-2-220 of the Weld County Code. The Department of Planning Services' staff has received responses from the following agencies: Without Comments: ▪ Colorado Division of Wildlife, referral dated 8/26/2010 ▪ Weld County Sheriffs Office, referral dated 8/17/2010 ▪ Town of Berthoud, referral dated 8/25/2010 ▪ Town of Johnstown, referral dated 8/18/2010 ▪ State of Colorado Division of Water Resources, referral dated 8/18/2010 Weld County School District RE-5J, referral dated 8/18/2010 W▪ ith Comments: ▪ Weld County Department of Public Health and Environment, referral dated 9/15/2010 ▪ Weld County Department of Public Works, referral dated 9/13/2010 ▪ Weld County Department of Building Inspection, referral dated 9/3/2010 ▪ Weld County Zoning Compliance, referral dated 8/18/2010 Colorado Department of Transportation, referral dated 8/18/2010 T▪he following agencies have not responded: ▪ Big Thompson Soil Conservation District ▪ Weld County Paramedics ▪ Weld County Landscape referral ▪ Johnstown Fire Protection District EXHIBIT ▪ Little Thompson Water District y f • Larimer County �3E Town of Mead USR-1759 Schwader Page 1 • /#' � SPECIAL D REVIEW PERMIT // ADMINISTRATIVE REVIEW WI`DC COLORADO Planner: Michelle Martin Case Number: USR-1759 Hearing Date: December 7, 2010 Applicant: Kurt and Becki Schwader Site Address: 21990 County Road 46, Johnstown, CO 80534 Request: A Site Specific Development Plan and Special Review Permit for A Use Permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the Commercial or Industrial Zone Districts, (heating and air conditioning business) in the A (Agricultural) Zone District Legal Description: Lot A of RE-2139 being part of W2 NW4 of Section 14, Township 4 North, Range 68 West of the 6t° P.M. Weld County, Colorado Location: South of and adjacent to CR 46 and east of and adjacent to Interstate 25 • Frontage Road Size of Parcel: +/-2.87 Acres Parcel Number: 1061 14 200041 THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS: 1. The submitted materials are in compliance with the application requirements of Section 23-2-260 of the Weld County Code. 2. It is the opinion of the Department of Planning Services' staff that the applicant has shown compliance with Section 23-2-220 of the Weld County Code as follows: A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other applicable code provisions or ordinance in effect. Section 22-2-150D.A Goal 4 states: "Conversion of agricultural land to nonurban residential, commercial and industrial uses will be accommodated when the subject site is in an area that can support such development. Such development shall attempt to be compatible with the region." Development Standards and Conditions of Approval will ensure that the proposed use will be compatible with the area. The surrounding property is primarily agricultural in nature. Section 23-2-240.A.10 of the Weld County Codes states "...that buffering or screening of the proposed use from adjacent properties may be required in order to make the determination that the proposed use is compatible with • the surrounding uses." The applicant has landscaped the western portion of the property with trees and bushes. As a condition of approval the applicant will be required to screen the outdoor storage and parking areas associated with the business from the surrounding property owners and public rights of way. USR-1759 Schwader Page 2 • B. Section 23-2-220.A.2 --The proposed use is consistent with the intent of the Agricultural (A) Zone District. Section 23-3-40.R of the Weld County Code allows for A Site Specific Development Plan and Special Review Permit for A Use Permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the Commercial or Industrial Zone Districts, (heating and air conditioning business) in the A (Agricultural) Zone District Currently the property is in violation (ZCV09-00371) for the operation of a business company without the necessary land use permits. If the USR is approved, the violation will be closed. If denied, the case will continue through the court process. 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 south and east have been annexed by the Town of Berthoud, Interstate 25 (1-25) borders the property on the west and the property to the north is zoned Agricultural (A) with a single family home approximately 340 feet from the property in question. No comments have been received from the surrounding property owners. Therefore, given the minimal impact of the proposed business, the use will be compatible with the surrounding land uses. D. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with future development of the surrounding area as permitted by the existing zoning and with the future development as projected by Chapter 22 of the Weld County Code and any other applicable code provisions or ordinances in effect, or the adopted Master Plans of affected municipalities. The property is not located within an Intergovernmental Agreement Area but does lies • within the three mile referral area for the Towns of Berthoud, Johnstown and Mead. The Town of Berthoud and the Town of Johnstown in their respective referrals dated 8/25/2010 and 8/18/2010 indicated they have no conflicts with the proposed development. The Town of Mead did not respond to the referral request. The surrounding area is Agricultural in nature with single family residences in the area. 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 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. (Ordinance 2005-8, Section 5-8-40) F. Section 23-2-220.A.6 -- The applicant has demonstrated a diligent effort to conserve prime agricultural land in the locational decision for the proposed use. The subject site is classified as "Prime (Irrigated) Farmlands of National Importance" as delineated on the Important Farmlands of Weld County map, dated 1979. This size of the parcel (2.87 acres) and the property is currently developed therefore the proposed USR is not taking any additional Prime (Irrigated) Farmland out of production. • 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. USR-1759 Schwader Page 3 The Design Standards (Section 23-2-240, Weld County Code), Operation Standards • (Section 23-2-250, Weld County Code), Conditions of Approval and Development Standards can ensure that there are adequate provisions for the protection of health, safety, and welfare of the inhabitants of the neighborhood and County. This recommendation is based, in part, upon a review of the application materials submitted by the applicant, other relevant information regarding the request, and responses from referral entities. 1. The plat shall be amended to delineate the following: A. All sheets of the plat shall be labeled USR-1759. (Department of Planning Services) B. The attached Development Standards. (Department of Planning Services) C. The plat shall be prepared in accordance with Section 23-2-260.D of the Weld County Code. (Department of Planning Services) D. The applicant shall delineate the 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) E. County Road 46 is designated on the Weld County Road Classification Plan as local gravel road, which require 60 feet of right-of-way at full build out. The applicant shall verify and delineate on the plat the existing right-of-way and the • documents creating the right-of-way. All setbacks shall be measured from the edge of future right-of-way. If the right-of-way cannot be verified, it shall be dedicated. These roads are maintained by Weld County. (Department of Public Works) F. The plat shall delineate the approved Screening Plan. (Department of Planning Services) G. The off-street parking spaces including the access drive shall be surfaced with gravel, asphalt, concrete or the equivalent and shall be graded to prevent drainage problems. (Department of Public Works) 2. The applicant shall address the requirements (concerns) of Weld County Department of Building Inspection, as stated in the referral response dated 9/3/2010. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Building Inspection) 3. The applicant shall submit to the Weld County Department of Planning Services a screening plan for review and approval. The screening plan shall screen all outdoor storage and parking areas from adjacent rights of way and surrounding properties. (Department of Planning Services) 4. In the event the applicant intends to utilize the existing septic system at the home, for business use, the septic system shall be reviewed by a Colorado Registered Professional Engineer. The review shall consist of observation of the system and a technical review describing the system's ability to handle the proposed hydraulic load. The review shall be submitted to the Environmental Health Services Division of the Weld County Department of Public Health and Environment. In the event the system is found to be inadequately sized or constructed the system shall be brought • into compliance with current Regulations. Alternately, a new septic system can be installed for office use. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Public Health and Environment) USR-1759 Schwader Page 4 • 5. The applicant shall enter into a Private Improvements Agreement according to policy regarding collateral for improvements and post adequate collateral for all transportation (access drive, parking areas, et cetera) and non-transportation (fencing, screening, drainage et cetera). The agreement and form of collateral shall be reviewed by County Staff and accepted by the Board of County Commissioners prior to recording the USR plat. The applicant may submit evidence that all the work has been completed and reviewed by the Department of Planning Services and the Department of Public Work. (Department of Planning Services) 6. Upon completion of 1-5 above the applicant shall submit three (3) paper copies of the plat for preliminary approval to the Weld County Department of Planning Services. Upon approval of the paper copies the applicant shall submit a Mylar plat along with all other documentation required as Conditions of Approval. The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by Department of Planning Services' Staff. The plat shall be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code. The Mylar plat and additional requirements shall be submitted within 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) 7. 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) 8. 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) 9. 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-1759 Schwader Page 5 SITE SPECIFIC DEVELOPMENT PLAN • SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Kurt and Becki Schwader USR-1759 1. A Site Specific Development Plan and Special Review Permit for A Use Permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the Commercial or Industrial Zone Districts, (heating and air conditioning business) in the A (Agricultural) Zone District. (Department of Planning Services) 2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County Code. (Department of Planning Services) 3. The number of on-site employees shall be limited to seven. (Department of Planning Services) 4. The hours of operations shall be limited to 7:00 am — 5:00 pm Monday — Friday. (Department of Planning Services) 5. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S., as amended) shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. (Department of Public Health and Environment) 6. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S., as amended. (Department of Public Health and Environment) 7. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance conditions. (Department of Public Health and Environment) 8. The applicant shall operate in accordance with the approved "waste handling plan", at all times. (Department of Public Health and Environment) 9. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The facility shall be operated in accordance with the approved "dust abatement plan", at all times. (Department of Public Health and Environment) 10. This facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone as delineated in Section 14-9-30 of the Weld County Code. (Department of Public Health and Environment) 11. Any vehicle or equipment washing areas shall capture all effluent and prevent discharges in accordance with the Rules and Regulations of the Water Quality Control Commission, and the Environmental Protection Agency. (Department of Public Health and Environment) 12. 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) • 13. Adequate drinking, handwashing and toilet facilities shall be provided for employees and patrons of the facility, at all times. (Department of Public Health and Environment) 14. Sewage disposal for the facility shall be by septic system. Any septic system located on the USR-1759 Schwader Page 6 property must comply with all provisions of the Weld County Code, pertaining to Individual • Sewage Disposal Systems. (Department of Public Health and Environment) 15. A permanent, adequate water supply shall be provided for drinking and sanitary purposes. The facility shall utilize the existing public water supply. (Little Thompson Water District) (Department of Public Health and Environment) 16. Installation of any air conditioning or air handling equipment that uses ozone depleting refrigerants will require analyses for possible registration in the CDPHE-APCD, CFC Program, as defined in Regulation No. 15 "Control of Emissions of Ozone Depleting Compounds", of the Air Quality Control Commission. (Department of Public Health and Environment) 17. 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) 18. Effective January 1, 2003, Building Permits issued on the lot will be required to adhere to the fee structure of the Weld County Road Impact Program. (Ordinance 2002-11) (Department of Planning Services) 19. Effective August 1, 2005, Building permits issued on the subject site will be required to adhere to the fee structure of the Capital Expansion Impact Fee and the Stormwater/Drainage Impact Fee. (Ordinance 2005-8 Section 5-8-40) (Department of Planning Services) 20. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240, Weld County Code. 21. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250, Weld County Code. • 22. Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties where such would cause a nuisance or interfere with the use on the adjacent properties in accordance with the plan. Neither the direct nor reflected light from any light source may create a traffic hazard to operators of motor vehicles on public or private streets. No colored lights may be used which may be confused with or constructed as traffic control devices. (Department of Planning Services) 23. The Screening on site shall be maintained in accordance with the approved Screening Plan. (Department of Planning Services) 24. 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) 25. 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. 26. 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) 27. 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. USR-1759 Schwader Page 7 • 28. 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. 29. WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive agricultural counties in the United States, typically ranking in the top ten counties in the country in total market value of agricultural products sold. The rural areas of Weld County may be open and spacious, but they are intensively used for agriculture. Persons moving into a rural area must recognize and accept there are drawbacks, including conflicts with long-standing agricultural practices and a lower level of services than in town. Along with the drawbacks come the incentives which attract urban dwellers to relocate to rural areas: open views, spaciousness, wildlife, lack of city noise and congestion, and the rural atmosphere and way of life. Without neighboring farms, those features which attract urban dwellers to rural Weld County would quickly be gone forever. Agricultural users of the land should not be expected to change their long-established agricultural practices to accommodate the intrusions of urban users into a rural area. Well-run agricultural activities will generate off-site impacts, including noise from tractors and equipment; slow-moving farm vehicles on rural roads; dust from animal pens, field work, harvest and gravel roads; odor from animal confinement, silage and manure; smoke from ditch burning; flies and mosquitoes; hunting and trapping activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and fertilizers in the fields, including the use of aerial spraying. It is common practice for agricultural producers to utilize an accumulation of agricultural machinery and supplies to assist in their agricultural operations. A concentration of miscellaneous agricultural materials often produces a visual disparity between rural and urban areas of the County. Section 35-3.5- 102, C.R.S., provides that an agricultural operation shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that • are commonly or reasonably associated with agricultural production. Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to assume that ditches and reservoirs may simply be moved "out of the way" of residential development. When moving to the County, property owners and residents must realize they cannot take water from irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water. Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice the size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of state and County roads outside of municipalities. The sheer magnitude of the area to be served stretches available resources. Law enforcement is based on responses to complaints more than on patrols of the County, and the distances which must be traveled may delay all emergency responses, including law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must leave their jobs and families to respond to emergencies. County gravel roads, no matter how often they are bladed, will not provide the same kind of surface expected from a paved road. Snow removal priorities mean that roads from subdivisions to arterials may not be cleared for several days after a major snowstorm. Services in rural areas, in many cases, will not be equivalent to municipal services. Rural dwellers must, by necessity, be more self-sufficient than urban dwellers. People are exposed to different hazards in the County than in an urban or suburban setting. Farm equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center pivot operations, high speed traffic, sand burs, puncture vines, territorial farm dogs and livestock, and open burning present real threats. Controlling children's activities is important, not only for their safety, but also for the protection of the farmer's livelihood. • USR-1759 Schwader Page 8 I • DEPARTMENT OF PLANNING SERVICES 1555 N 17th AVE GREELEY, CO 80631631 1 PHONE: (970)353-6100, Ext. 3540 �l FAX: (9(970) 304-6498 I C. COLORADO November 17, 2010 Kurt&Becki Schwader 940 W 71h St Loveland CO 80537 Subject: USR-1759-A Site Specific Development Plan and Use by Special Review Permit for a Use Permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone District(heating and air conditioning) in the A(Agricultural)Zone District on a parcel of land described as Lot A RE-2139 being part of the W2 NW4 of Section 14,T4N, R68W of the 6th P.M.,Weld County, Colorado. Dear Applicants: • I have scheduled a meeting with the Weld County Planning Commission on December 7, 2010, at 1:30 p.m. This meeting will take place in the Hearing Room, Weld County Planning Department,918 10`" Street, Greeley, Colorado. A subsequent hearing will be held on December 22, 2010 at 10:00 a.m., in the Chambers of the Board of County Commissioners, Weld County Centennial Center, 915 105h 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/Pla nningZoninq/Plann inq Departments ndex.html If you have any questions concerning this matter, please call. Respectfully, DReason: signed by Kristine of Ranslem om Reason: :15 the author of this document Location:1555 N 17th Ave Date:2 010.1117 09:34:37-07'00' Michelle Martin Planner • • PLANNING COMMISSIONERS' SIGN POSTING CERTIFICATE THE LAST DAY TO POST THE SIGN IS 11/26/2010 THE SIGN SHALL BE POSTED ADJACENT TO AND VISIBLE FROM A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY. IN THE EVENT THE PROPERTY BEING CONSIDERED FOR A SPECIAL REVIEW IS NOT ADJACENT TO A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY, THE DEPARTMENT OF PLANNING SERVICES SHALL POST ONE SIGN IN THE MOST PROMINENT PLACE ON THE PROPERTY AND POST A SECOND SIGN AT THE POINT AT WHICH THE DRIVEWAY (ACCESS DRIVE) INTERSECTS A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY. I, Michelle Martin, HEREBY CERTIFY UNDER PENALTIES OF PERJURY THAT THE SIGN WAS POSTED ON THE PROPERTY AT LEAST TEN DAYS BEFORE THE PLANNING COMMISSIONERS HEARING FOR USR-1759 IN THE A (AGRICULTURAL) ZONE DISTRICT. 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K .4. �` r • , ' II .L,, R -- It - •j , � • ll —till ' ' . • a'� R ' J 11 { Ill 1 r t� v, i r .4.4 • 1 i ( • . „ iii •' i i' . ; • FIELD CHECK Inspection Date: I A/ I cil)vl o Case Number: USR-1757 Applicant: Kurt and Becki Schwader Site Address: 219901-25 Frontage Road,Johnstown, CO 80534 Request: A Site Specific Development Plan and Special Review Permit for A Use Permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the Commercial or Industrial Zone Districts, (heating and air conditioning business) in the A (Agricultural) Zone District Legal Description: Lot A of RE-2139 being part of W2 NW4 of Section 14, Township 4 North, Range 68 West of the 6th P.M.Weld County, Colorado Location: South of and adjacent to CR 46 and east of and adjacent to Interstate 25 Frontage Road Size of Parcel: +1-2.87 Acres Parcel Number: 1309 07 000030 Zoning Land Use • N A (Agricultural) N Agricultural E Town of Berthoud E Agricultural S Town of Berthoud S Agricultural W Interstate (1-25) W Interstate (1-25) COMMENTS: There is a house in the NW4 of the site that is currently being lived in. There are two accesses to the site one off of CR 46 and one off of the 1-25 Frontage road. There are several outbuildings on site. The applicant is currently using the property for their business. There are trees along the western edge of the property. .—•776/ • Michelle Martin, Planner Michelle Martin From: Hice-Idler, Gloria [Gloria.Nice-Idler@DOT.STATE.CO.US] ent: Wednesday, November 10, 2010 12:33 PM o: Michelle Martin; Tom Parko Subject: Schwader/USR-1759 Michelle and Tom, I spoke to Becky Schwader and based upon that conversation it appears that there is only one legal access to this parcel, the one shown on the site plan. CDOT has no comment. Gloria Hice-Idler Permit Supervisor CDOT Region 4 1420 2nd Street Greeley CO 80631 (970) 350-2148 • Michelle Martin From: airmastersllc@skybeam.com Oent: Tuesday, November 09, 2010 1:32 PM o: Gloria Cc: Michelle Martin Subject: USR-1759/Schwader Dear Ms. Hice-Idler: My name is Becki Schwader and we are working with Michelle Martin of Weld County Planning for the above mentioned USR. A referral was sent out to you regarding the above mentioned USR. You were curious about an additional access off of the property onto the Frontage road. The area you were curious about does have a fence that closes it off to traffic and we have never used this access. My son is coming in after school to help me take a picture of the fenced off access with my camera on my phone and then we will e-mail this photo to you. We are to have our information to Michelle Martin by November 10,2010 to be in compliance. I am sorry for the rush on this I thought we just needed a picture and draw where the fence is on the site plan. However Michelle would like an e- mail from you regarding this issue. Thank you in advance for your prompt attention in this matter and please do not hesitate to contact me should you have any questions or comments. I can be reached at 970-532-7618 of by e-mail at airmastersllc@skybeam .com. Sincerely, Becki M. Schwader Air Masters LLC • • 1 Michelle Martin rom: Michelle Martin ent: Monday, October 18, 2010 2:24 PM To: 'airmastersllc@skybeam.com' Subject: RE: Compliance for USR-1759 Items#1, #3, and #4 Becki, I did receive conformation from Lauren Light with the Health Dept. that conditions of approval #1, #3 and #4 have been satisfied. In regards to the Little Thompson Water District you will need to meet the requirements outlined in their letter dated 8/11/2010 if the USR is approved. Before Kurt purchases any trees I recommend you put together your screening plan, and see if the Board of County Commissioners accepts the plan. Let me know if you have any other questions. Michelle Martin Planner III 1555 N 17th Ave Greeley,CO 80631 mmartinpco.weld.co.us PHONE: (970)353-6100 x 3540 fikAX: (970)304-6498 From: airmastersllc@skybeam.com [mailto:airmastersllc@skybeam.com] Sent: Friday, October 15, 2010 1:58 PM To: Michelle Martin Subject: Compliance for USR-1759 Items #1, #3, and #4 Hello Michelle: Is everything O.K. from Lauren Light for requirements#1, #3 and #4? I received two e-mails from her the last one stating that she had everything she needed. Also I stopped at Little Thompson Water District and Talked to Mike and was there when he called you. Is everything O.K. with that or do I need to do something else? Also Kurt was wondering if he could plant trees to use for screening/fencing around the old vehicles and by the parking area? Thank you, Becki Schwader Air Masters • 1 Michelle Martin From: Lauren Light aent: Thursday, October 07, 2010 4:30 PM o: airmastersllc@skybeam.com Cc: Michelle Martin Subject: RE: Compliance for Application for USR-1759 I have reviewed the information for dust, waste and water and those conditions have been met and can be removed from the staff report. Thank you for submitting these items in advance of the hearings. Lauren Light, M.R.S. Environmental Planner, Environmental Health Services Weld County Department of Public Health& Environment 1555 N. 17th Ave. Greeley, CO 80631 970-304-6415 Ext.2211 (office) 970-304-6411 (fax) From: airmastersllc@skybeam.com [mailto:airmastersllc@skybeam.com] Sent: Tuesday, October 05, 2010 2:19 PM To: Lauren Light Cc: Michelle Martin Subject: Compliance for Application for USR-1759 Dear Ms. Light: We had a meeting with Michelle Martin of the Weld county Planning Department regarding the above mentioned USR, for our Heating and Air Conditioning company,Air Masters LLC. Ms. Martin wanted us to ask you about #1, #3, and #4 of your referral to them. #1 states that we will submit a Dust Abatment plan to you. When I spoke with you ,prior to the application being submitted you asked for a simple outline of where we have recycled asphalt etc. I was wondering if this form that I sent to you sufficed or if you need something else from us. Also#4 was to have a Waste Handling Plan, which I sent to you also and I was wondering if that sufficed. We also paid, Micahel T. Cook, of the Little Thompson Water District, $100.00 to address the commercial use for the property and we sent that letter along and was wondering if this is sufficient? Thank you in advance for your time and attention to this matter. I can be reached at 970-532-7618. or at 970-443-1908 also I can be reached by e-mail at airmastersllc(a�skvbeam.com and could you cc: Michelle Martin of the Planning Department also. Sincerely, Becki M. Schwader Air Masters Heating and Air Conditioning • 1 I Michelle Martin •From: Michelle Martin Sent: Tuesday, September 28, 2010 2:06 PM To: 'airmastersllc@skybeam.com' Subject: USR-1759 Becki, I sent you an email on Friday September 24, 2010 and I have not heard from you therefore I thought I would follow up with another email. Your Use by Special Review application is at the next stage in the process,where we sit down and go over all the referral responses. Please let me know what days and times you have available to meet this week,thanks. Michelle Martin Planner III 1555 N 17th Ave Greeley, CO 80631 mmartin@co.weld.co.us PHONE: (970)353-6100 x 3540 FAX: (970) 304-6498 • • 1 Michelle Martin From: Michelle Martin lekent: Friday, September 24, 2010 4:15 PM o: 'airmastersllc@skybeam.com' Subject: USR-1759 Becki, Your Use by Special Review application is at the next stage in the process, where we sit down and go over all the referral responses. Please let me know what days and times you have available to meet next week, thanks. Michelle Martin Planner III 1555 N 17th Ave Greeley,CO 80631 mmartin@co.weld.co.us PHONE: (970) 353-6100 x 3540 FAX: (970) 304-6498 • • 1 Michelle Martin From: Stephanie Arries ent: Friday, August 13, 2010 1:37 PM o: airmasterslIc@skybeam.com Cc: Michelle Martin; Tom Parko Subject: Investigation Fee Becky I was just called by Tom Parko about the waiver of the investigation fee for your land use application. He stated that you told him that I waived the investigation fee portion of your application. However, as I do not participate in any part of the land use application process, and as I have no authority to waive fees, I know that I have not discussed that issue with you, and that I did not waive any fee. In order for your application to be deemed complete,you must pay the investigation fee either today or Monday in order for the application process to proceed. Stephanie L. Arries Assistant Weld County Attorney 915 Tenth Street P.O. Box 758 Greeley, Colorado 80632 Tel: 970-356-4000 ext 4394 Fax: 970-352-0242 Email: sarries(caco.weld.co.us •STATEMENT OF CONFIDENTIALITY & DISCLAIMER: The information contained in this email message is attorney privileged and confidential, intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copy of this email is strictly prohibited. If you have received this email in error, please notify us immediately by replying and delete the message. Thank you. • 1. • • Kristine Ranslem 000m: Kristine Ranslem nt: Wednesday, August 18, 2010 10:40 AM : 'airmastersllc@skybeam.com' Subject: Case USR-1759 Attachments: usr1759.pdf Please see the attached letter. If you have any questions, please let us know. Thank you! KrLLstL to Rffi vusLevik Planning Technician Weld County Planning Services 1555 N 17th Ave, Greeley CO 80631 970-353-6100 ext. 3519 • • 1 • • • (is it\ DEPARTMENT OF PLANNING SERVICES 1555 N 17th AVE GREELEY, CO 80631 PHONE: (970)353-6100, Ext. 3540 IFAX: (970)304-6498 COLORADO August 18, 2010 Kurt& Becki Schwader 940 W 7th St Loveland CO 80537 Subject: USR-1759 - Request for a Site Specific Development Plan and Use by Special Review Permit for a Use Permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the Commercial or Industrial Zone Districts, (heating and air conditioning business) in the A (Agricultural) Zone District on a parcel of land described as Lot A RE-2139 being part of W2 NW4 of Section 14, T4N, R68W of the 6th P.M., Weld County, Colorado. Dear Applicants: Your application and related materials for the request described above are being processed. I will • schedule a meeting with you to discuss the referrals after we have received them. Once the concerns and requirements of the referral agencies have been met or the applicant has shown an attempt to meet their concerns and requirements, a Planning Commission Hearing will be scheduled. It is the policy of Weld County to refer an application to any town or municipality lying within three miles of the property or if the property is located within the comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of the submitted materials to the Berthoud, Johnstown, and Mead Planning Commission for their review and comments. Please call Berthoud at 970-532-2643, Johnstown at 970-587-4664, 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 Berthoud, Johnstown, 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, DigitaReason:y signed am the authory K Istineof Rahis dlom X(Ip/ Location amthe17th Ave document Locat��/ Date:me .08.N 17th Ave Date:2010.08.18 07:46:29-06'00' Michelle Martin Planner • • Kristine Ranslem om: Kristine Ranslem nt: Wednesday, August 18, 2010 10:40 AM o: 'Roy Spitzer' Subject: USR-1759 Field Inspection Attachments: usr1759.docx We have just received a case (USR-1759) in which we ask that you submit the attached field inspection sheet to us by September 17, 2010. You may view the case material at: http://www.co.weld.co.us/Departments/PlanningZoninq/PlanningDepartment/index.html#1759 If you have any questions, please let me know. Thank you! ktrktIA,e R.ctvtisbeww. Planning Technician Weld County Planning Services 1555 N 17th Ave, Greeley CO 80631 970-353-6100 ext. 3519 • • 1 0 DEPARTMENT OF PLANNING SERVICES 1555 N. 17'"AVENUE GREELEY, COLORADO 80631 I WEBSITE:www.co.weld.co.us WI D E-MAIL:TJIRICEK@co.weld.co.us C. PHONE (970)353-6100, EXT. 3540 FAX(970) 304-6498 COLORADO August 30, 2010 Becki Schwader 940 W. 7'" street Loveland, CO 80537 Subject: USR-1759: Lot A of RE-2139 being part of W2 NW4 of Section 14, Township 4 North, Range 68 West of the 6th P.M. Weld County, Colorado • Dear Mrs. Schwader, The Weld County Department of Planning Services received your letter dated August 13, 2010, in which you are requesting a refund of the Investigation fee in the amount of $1,250.00. The investigation fee is assessed in accordance with Section 23-2-920 of the Weld County Code. The language for this section is as follows: Section 23-2-920: An additional investigation fee shall be added to the cost of the permit application when specific land, USES, BUILDINGS, MOBILE HOMES, MANUFACTURED HOMES and STRUCTURES that require a permit by this Chapter are located, moved, operated or constructed prior to obtaining a permit. The investigation fee shall be fifty percent (50%) of the fee established by separate action by the Board of County Commissioners for Land Use Applications. In no event shall the investigation fee exceed an amount set by separate action by the Board of County Commissioners. The payment of such investigation fee shall not relieve any persons from fully complying with the requirements of this Chapter, nor from any other penalties prescribed herein. I provide this language because it's important to note that the Department is supposed to implement this fee when a use is started without a Special Review permit. However, it has been policy that the investigation fee is not applied until an applicant doesn't meet the deadline established by the Board of County Commissioners at the violation hearing — in your case the established deadline was June 13, 2010. August 30, 2010 Page 2 Background and Key Dates Associated with this Case: . On January 8, 2010 a violation was initiated on the property for the operation of a heating and air condition business without an approved Use by Special Review permit. On January 28, 2010 a letter was mailed to you, the property owner, indicating the presence of commercial business without an approved Use by Special Review. On February 11, 2010 your husband, Kurt Schwader met with Weld County Planning Staff, Public Works, Building Department, and the Health Department to go over the requirements of the USR permit. On April 13, 2010 a violation hearing was conducted before the Board of County Commissioners to address the violation at which time the Board referred this case to the County Attorneys' office but delayed legal action until June 13, 2010. This 60 day extension was to allow the applicant time to submit a complete application. On May 28, 2010 four completeness review packets were submitted to the Weld County Department of Planning Services. On June 11, 2010 a letter was emailed to you outlining the additional requirements necessary to have a complete USR application. This letter was once again sent via email on June 29, 2010 and July 1, 2010. It was also send by fax per your husband's request on July 1, 2010. Due to the incomplete application on July 1, 2010 the zoning compliance officer signed the verified complaint for preliminary and permit injunction. On July 23, 2010 the letter outlining the requirements for a complete application were once again sent via email, fax and regular mail. The remaining requirements were not submitted to the Weld County Department of Planning Services until August 13, 2010. After reviewing the circumstances of this case it appears that there are no extenuating circumstances to the delay in submitted necessary materials for your land use case and that you had adequate time to submit a complete Use by Special Review application. Therefore, I find it necessary to deny your request for a refund of the Investigation fee. Sincerely, [ Trevor Jiricek Director Cc: Bruce Barker, Weld County Attorney (via email) I r • Wefd County Plenning Deportment GREELEY OFFICE ■r up AUG 7 o7nln 3'3 rah I b A Is 02 RECEIVED IIFATING & A • CONDITIONING r ' COMMERCIAL, INDUSTRIAL A RESIDENTIAL i\ L. V L t V E U 940 W. 7th St. Loveland, CO 80537 970-532-7618 FAX 970-532-2006 August 13, 2010 Board of County Commissioners P.O. Box 758 Greeley, CO 80632 RE: Request for Waiver of$1,250.00 Investigation Fee. Dear Sirs/Mdmes: We are going through the process of a USR. We have been trying to acquire this USR • for quite some time. We had hired a consultant, Joe Engles, for$1,000.00 to help us with this. Mr. Engels took our money and did not do anything. We have turned him over to Keith Olson, District Attorney, per the suggestion of your board. We did put in our formal application along with a $2,500.00 application fee and it was electronically taken out of our account the very next day, please see attached the supporting documentation. There was a completeness review and there were some additional items that the planning commission requested, however we were not able to open the files because the county had acquired a new computer system and it needed to be sent in a different format, we did not receive the new format until after the deadline of June 13th, 2010 even though we had submitted the application on May 28`h, 2010. For the above stated reasons we would appreciate your consideration to waive the $1,250.00 investigation fee because we did have the application in and had paid the $2,500.00 before the June 13th deadline. We have been operating our Heating and Air Conditioning company from this address for 12 years, without any negative incidences and all we want is to comply with the counties request for a USR and continue to run our Heating and Air Conditioning company. I would like to express that the $2,500.00, unrefundable application fee seems quite exhorberant when in 2009 the fee was $1,200.00, this is an increase of over 100% in one years time. We are a small Heating and Air Conditioning company just trying to make a living in difficult economic times and the fees we have had to pay for the potential USR • have been extremely difficult to come up with. We would appreciate your attention to these matters when debating the waiver of the $1,250.00 investigation fee. • Please do not hesitate to contact me should you have any questions or comments. I can be reached at 970-532-7618. Sincerely, / ' ' Becki M. Schwader Managing Member Air Masters LLC. Attch. • • WELD COUNTY,COLORADO DEPARTMENT Of PLANNING SERVICE 91810TH STREET GREELEY,CO 80631 PHONE: 970-353-6100,EXT.3540/FAX:970-304-6498 / Date: 'el//,f., 20 O Receipt No. I 4`, i Received From: / i,t, ///f/' i/4-...5 Permit Type No. Description Fee 4221-RE/SE 4221-ZPMH 4221-USR 4221-SITE PLAN REVIEW 4221-CHANGE OF ZONE 4221-PUD • 4221-MINOR/MAJOR SUB #OF BUILDABLE LOTS 4221-ADDITIONAL 30% FEE FOR SUB's 4221-RE-SUBDIVISIONS 4221-BOA 4221-FHDP/GHDP 4430-MAPS/POSTAGE 4430-COPIES (4730-INVESTIGATION F f 17�/I hi- es /, 2 , C 6560-RECORDING FEE MISC. ❑CASH CHECK NO. /0 / . TOTAL FEE /, 's O Receipted By. ,�f9 DL# Exp. 0 • 1 �.v HEATING & A CONDITIONING COMMERCIAL, INDUSTRIAL i RESIDENTIAL I , 940 W. 71h St. Loveland, CO 80537 970-532-7618 FAX 970-532-2006 August 12, 2010 Weld County Planning Services 918 10`h St. Greeley, CO 80631 Attn: Tom Parko RE: Completeness Review Items for 21990 WCR 46, aka I-25 Acess Rd. Johnstown, CO Dear Tom: • Attached please find the below listed items for the application for a USR for the above mentioned property. 1. Application completely filled out with site address and proposed use. 2. Question 1 of the application describing in more detail the proposed use for the site 3. An updated Certificate of Conveyances for the property. 4. An updated list of surrounding property owners. 5. Information from Little Thompson Water district regarding commercial use. 6. A brief description for the Dust Abatement plan. 7. A Waste handling plan describing which items are put into dumpster and which are taken to Anderson Salvage. There was a note for a $1,250.00 investigation fee that I was told was waived. Also #3 of the Health Department notes, for a septic evaluation, was put into the process after the submittal of the application, per Lauren Light, of the Health Department 970-304- 6415x2211. Please do not hesitate to contact me should you have any questions or comments. I can be reached at 970-432-7618 Sincerely, Becki M. Schwader 1 • DISTRICT COURT, WELD COUNTY, COLORADO Court Address: 901 9th Avenue, P.O. Box 2038, Greeley, CO 80632 Phone Number: (970) 351-7300 BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, STATE OF COLORADO, Petitioner, v. FOR COURT USE ONLY KURT W. SCHWADER, BECKI M. SCHWADER, and ❑ AIR MASTERS II, LLC, a Colorado Limited Liability Company, Case Number: 10-CV-679 Respondents. Stephanie L. Arries, Assistant Weld County Attorney 915 Tenth Street Division: 4 P.O. Box 758 Greeley, CO 80632 • Phone Number: (970) 336-7235 Fax Number: (970) 352-0242 E-Mail: sarries@co.weld.co.us Attorney Registration #5809 STIPULATION COMES NOW/the Petitioner, by and through its attorney, the Assistant of Bruce T. Barker, below named and Respondents, KURT W. SCHWADER, BECKI M. SCHWADER, and AIR MASTERS II, LLC, a Colorado Limited Liability Company, and Stipulate and agree as follows: 1. This Court has subject matter and personal jurisdiction herein. 2. That the Respondents, Kurt Schwader and Becki Schwader are the owners of property described as: Lot A of Recorded Exemption No. 1061-14-2-RE 2139 in the Northwest Quarter and a portion of the North Half of the Southwest Quarter of Section 14, Township 4 North, Range 68 West of the 6th P.M., County of Weld, State of Colorado, also known by street and number as 21990 County Road 46, Johnstown, Colorado 80513, Division 1, "A (Agricultural) Zone District". 3. There have been violations of the Weld County Code Chapter 23, regarding • the operation of a commercial business without obtaining a Use by Special Review permit. Weld County Code Sections 23-3-20, 23-3-30, 23-3-40, 23-3-40.O and 23-1-40.R. Article • III(3), Division 1 "A (Agricultural) Zone District". 4. The parties acknowledge that it is possible to correct the violations on the property by completing and submitting a Use by Special Review application to the Weld County Department of Planning Services, and completing the Use by Special Review process by satisfying the conditions imposed in order to obtain the Permit and by recording a plat within sixty (60) days of approval, or by removing all commercial operations from the property. THEREFORE, the Petitioner and Respondents stipulate and agree as follows: 1. Respondents agree that they shall submit a complete application for a Use by Special Review Permit and pay the fee therefore on or before 12:00 noon Monday, August 16, 2010. 2. If for ANY reason a complete application has not been submitted by that time and date, Respondents shall immediately cease all commercial operations on the property described above and shall permanently remove all commercial vehicles and stored commercial materials from the property, and shall not allow the storage or maintenance of any such vehicles on the property unless and until one or more has been permitted by the appropriate authority in Weld County government. 3. If for any reason, the permit is not granted to the Respondents, or in the event that • Respondents abandon the application process or fail to meet the application deadlines set forth below, Respondents agree that they shall immediately cease all commercial operations on the property described above, shall permanently remove all commercial vehicles, and stored commercial materials from the property, and shall not allow the storage or maintenance of any such vehicles on the property unless and until one or more has been permitted by the appropriate authority in Weld County government. 4. Respondents shall meet the following deadlines in the application process: a. August 16, 2010, 12:00 noon: A complete application for a Use by Special Review Permit shall be submitted. b. November 10, 2010, 12:00 noon: Respondents shall have complied with all non-binding referral requirements, (they shall not be required to meet those requirements which require a substantial financial outlay). c. On or before December 31, 2010, Respondents shall have completed their hearings before the Weld County Planning Commission and the Board of County Commissioners of the County of Weld, State of Colorado. d. On or before March 15, 2011, Respondents shall meet all conditions of approval and shall record the plat for the Use by Special Review. 5. Respondents agree that they have the present ability to comply with the terms of this Stipulation, and that this Stipulation is just and equitable and not reached as a result of duress. • 6. Respondents acknowledge that the failure to comply with the above deadlines may result in the County Attorney filing a Motion with the Court to issue a Contempt Citation. • 7. Respondents understand that if any one of them is found guilty of Contempt, the remedies available to the Court include the possibility of a jail sentence of up to six months, a fine or both. 8. Petitioner agrees that upon Respondents' compliance with the terms of this Stipulation, a Motion to Dismiss this case will be filed with this Court. WHEREFORE, the parties jointly request that this Stipulation be made an Order of the Court and that the Court find that this Stipulation is not as a result of duress and that the Court set a date for review after March 15, 2011. Respectfully submitted, BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, STATE OF COLORADO BRUCE T. BARKER WELD COUNTY ATTORNEY • /s/ Stephanie L.Arries STEPHANIE L. ARRIES #5809 Assistant Weld County Attorney /s/ Kurt W. Schwader July 29, 2010 KURT W. SCHWADER Date /s/ Becki M. Schwader July 29, 2010 BECKI M. SCHWADER Date AIR MASTERS II, LLC /s/ Kurt W. Schwader July 29, 2010 By: Kurt W. Schwader, President Date E-FILED PURSUANT TO RULE 121. DULY SIGNED COPY ON FILE AT THE OFFICE OF WELD COUNTY ATTORNEY • Michelle Martin o Michelle Martin nt: Friday, July 23, 2010 3:02 PM o: 'airmastersllc@skybeam.com' Cc: Stephanie Arries; Tom Parko; Bethany Salzman Subject: Completeness Review Attachments: img107.jpg; img108.jpg Becki, It's come to my attention that you were unable to open the completeness Review I emailed you on June 11 and June 29 and you did not receive the fax sent on July 1. Therefore I am resending the document in a different format if you have any problems opening the document please contact me. I also sent the document via fax and US postal service today. Let me know if you have any questions regarding the completeness review. Michelle Martin Planner III 1555 N 17th Ave Greeley, CO 80631 mmartin@co.weld.co.us PHONE: (970) 353-6100 x 3540 FAX: (970) 304-6498 • • 1 • • Michelle Martin atom: Tom Parko Ipb nt: Wednesday, July 21, 2010 2:38 PM To: Michelle Martin Cc: Bethany Salzman Subject: Schwader Attachments: image001.png Michelle: For your records I made three (3) unsuccessful attempts recently to contact Becky Schwader with Air Masters concerning their USR application. 1st attempt: Friday July 16th at 1:30PM 2nd attempt: Monday July 19`h at 9:00AM 3`d attempt: Tuesday July 20th at 11:30AM On all three occasions I spoke to the business secretary who stated she would relay the messages to Becky. Thanks, Tom Tom Parko, M.A., CFM Planning Manager Weld County Planning Services ifice: 970-353-6100, ext 3572 Mobile:970-302-5333 Web: http://www.co.weld.co.us (t �'11111 1D c COLORADO • 1 r • • Michelle Martin co:om: Michelle Martin nt: Friday, July 16, 2010 10:19 AM Stephanie Arries; Tom Parko Cc: Bethany Salzman Subject: RE: Schwader Sounds good to me. Michelle Martin Planner III 1555 N 17th Ave Greeley, CO 80631 mmartin(thco.weld.co.us PHONE: (970) 353-6100 x 3540 FAX: (970) 304-6498 Original Message From: Stephanie Arries Sent: Friday, July 16, 2010 8:12 AM To: Michelle Martin; Tom Parko Cc: Bethany Salzman Subject: RE: Schwader I understand. - The issue from my standpoint is that the Complaint I drafted and filed said •at they had not filed an application, and they did. The Courts are not crazy about these ses to begin with and if I make a mistake like this, it looks bad for me if I end up having hearings. . . When folks have started the application process but not progressed, I usually send out a letter first to say that they need to get moving. What I am going to do at this point is call her back, tell her to get back in touch with you, and draft a stipulation that gives them until end of February to get the whole thing completed. Sound OK?? Original Message From: Michelle Martin Sent: Friday, July 16, 2010 7:52 AM To: Tom Parko; Stephanie Arries Cc: Bethany Salzman Subject: RE: Schwader Stephanie, I just want to clarify staff has not dropped the ball on this case. The applicants submitted their 4 paper packets for the completeness review on May 28, 2010. I emailed the applicants on June 11, 2010 indicating what was missing from their application. I then resent the completeness review to the applicant and Tiffane Johnson with Landmark Engineering (she was hired by the applicants to work on the map only) . I then spoke to Mr. Schwader on July 1, •010 and went over what was missing from the application and faxed him a copy of the ompleteness review. I hope this time line helps. If you have any questions please don't hesitate to contact me. 1 Michelle Martin Planner III W55 N 17th Ave eeley, CO 80631 mmartin{dco.weld.co.us PHONE: (970) 353-6100 x 3540 FAX: (970) 304-6498 Original Message From: Tom Parko Sent: Thursday, July 15, 2010 5:13 PM To: Stephanie Arries Cc: Michelle Martin; Bethany Salzman Subject: RE: Schwader Let me talk with Michele tomorrow morning. Beth is out until the 19th. They paid the $2,500 fee. I will confirm with Michelle concerning responsiveness on behalf of the applicant and will touch base tomorrow. Tom Original Message From: Stephanie Arries Sent: Thursday, July 15, 2010 4:55 PM To: Tom Parko Subject: RE: Schwader Tom - I think that the only things Bethany knew about this was that they submitted a 7 day completeness review on May 24 and that Michelle processed it, and outlined via email that �ertain corrections that needed to be made on June 11. Bethany said that the applicant had t responded. I do not think that she knew that the fee had been paid - which usually means that a complete application was submitted. What I need to know from you is whether the case should go forward because they are not responsive enough, or should be dismissed at this point. Thanks Stephanie Original Message From: Tom Parko Sent: Thursday, July 15, 2010 4:36 PM To: Stephanie Arries Cc: Michelle Martin; Bethany Salzman Subject: RE: Schwader Stephanie: I am sorry that this happened. We did take the application in for the Schwader's and it's under review. I will get with Bethany and Michelle and see where we dropped the ball. Thanks, Tom Original Message illirom: Stephanie Arries ent: Thursday, July 15, 2010 4:02 PM To: Tom Parko Cc: Michelle Martin 2 Subject: RE: Schwader Tom • filed a Zoning violation case against them just this week, alleging that they had not submitted an application for a USR. I just got off the phone with her and she told me that she did submit an application, paid her $2500, and wondered why I filed against them. (and she faxed me a copy of her bank information and check to show they did pay) She said she spoke with you at the time of the filing, on May 28. From her description of the documents she submitted, it sounded as though she had provided most of what we require. She said that she has been away for the last 3-4 weeks, but that she had not received anything back from the County saying that she needed to do anything other than what she did. Can you help me out here? - Thanks - Stephanie - 4394 Original Message From: Tom Parko Sent: Thursday, July 15, 2010 3:40 PM To: Stephanie Arries Cc: Michelle Martin Subject: RE: Schwader Michelle Martin. Original Message rom: Stephanie Arries nt: Thursday, July 15, 2010 12:05 PM o: Tom Parko Subject: Schwader Tom - Who is the planner working on this case? • 3 • • Michelle Martin om: Michelle Martin nt: Tuesday, June 29, 2010 10:34 AM o: 'Tiffane Johnson' Cc: 'airmastersllc@skybeam.com' Attachments: comments.docx Tiffane, You had asked for an update on the Schwader case therefore I have attached a copy of the 7 day completeness review. Given the time that has elapsed since the 7 day completeness review the Certificate of Conveyances and the list of surrounding property owners within 500 will need to be updated. Also there is an investigation fee of$1,250.00 that will need to be paid. Let me know if you have any questions. Michelle Martin Planner Ill 1555 N 17th Ave Greeley,CO 80631 mmartin@co.weld.co.us PHONE: (970)353-6100 x 3540 FAX: (970)304-6498 • • 1 • WELD COUNTY,COLORADO 1 DEPARTMENT OF PLANNING SERVICE / 918 10TH STREET GREELEY,CO 80631 PHONE: 970.353.6100,EXT.3540/FAX: 970-304-6498 Date: /46 20 /0 Receipt No. $ v •. Received From: /T r[ , 11,Sit, S Permit Type No. Description Fee 4221-RE/SE 4221-ZPMH 4221-USR ) (Sic it'C 4221-SITE PLAN REVIEW 4221-CHANGE OF ZONE 4221-PUD • 4221-MINOR/MAJOR SUB #OF BUILDABLE LOTS 4221-ADDITIONAL 30% FEE FOR SUB's 4221-RE-SUBDIVISIONS 4221-BOA 4221-FHDP/GHDP 4430-MAPS/POSTAGE 4430-COPIES 4730-INVESTIGATION FEE 6560-RECORDING FEE MISC. ❑CASH ZFIECK NO. G"/l' TOTAL FEE S�' Receipted By: .` DL# Exp. • Check Images Page 1 of 1 BANKS EWEST ., Si Check Images Account:FREE CHECKING"""5194 I Check Number:6148 Date Posted:6/1/20101 Amount.2,500.00 Zoom Jnb�Zoom Out as�Print C" AIR PIASTERS 1�Y1n 8148 21890 I-25 ACCESS RD • ! 02@14/1010 J01e15i0AN,CO 90�r •J -a O - o (.{f. a p $ SOoo LF�' 6��er • 5:107002 i471: 4 5 2O8 5 194r ❑6 0.8 ELECIRO4*ALL y PRESENTED-5 • Copyright C 2005-2009 1 Bank of the West.Member FDIC. About Us Your Secunt/ Terms&Conditions Consumer Pnvacy Policy. Equal Housing Lender to • https://etimebanker.bankofthewest.com/BOW/Accounts/ChecklmageV iewer.aspx?index=l... 7/15/2010 Account activity Page 2 of 2 6/2/2010 DIRECTDEBIT DIRECTDEBIT INTUIT 8004INTUIT 060210 Seleda ($1,236.82) $7,164.82 4683566 WEB S Category • 6/2/2010 DIRECTDEBIT DIRECTDEBIT AMERICAN STANDAR CORP Select a ($9,463.44) $8,401.64 DEBIT 060110 9712473 CCD Category 6/1/2010 DIRECTDEBIT DIRECTDEBIT SAMS CLUB STORES Select a ($123.39) $17,865.08 PURCHASE 060110 6149 LOVECO POP Category 6/1/2010 DIRECTDEBIT DIRECTDEBIT AUTO-OWNERS INS.PREM Select__a ($435.89) $17,988.47 060110 CB008242394 PPD S Category 6/1/2010 DIRECTDEBIT DIRECTDEBIT CAPITAL ONE ONLINE PMT Selects ($1,500.00) $18,424.36 060110 014939910016912 CCD Category 6/1/2010 CHECK CHECK Selects t 011R' �C $19,924.36 Category at ail-1014r XFER TRANSFER TO MONEY MKT-- Select a 6/1/2010 XFER •+8678 Category ($1,000.00) $22,424.36 6/1/2010 DIRECTDEP DIRECTDEP BANKCARD MTOT DEP 060110 Select a $5,968.00 $23,424.36 426928300022860 CCD Category •Current Balance is the total number of funds on deposit for your account,regardless of holds,pledges or restraints.Available Balance is the Ledger Balance in an account at the time you opened this page less any amounts that are held(e.g.based on funds availability),pledged(e.g.as security for a loan), or otherwise subject to restraint(e.g.due to legal process or levy).Running Balance is the sum total of funds that are present in your account. Copyright©2005-2009 1 Bank of the West.Member FDIC. About Us Your Security Terms&Conditions Consumer Privacy Policy Equal Housing Lender Q • • https://etimebanker.bankofthewest.eom/BOW/Accounts/ActivityBO W.aspx?indel 7/15/2010 I- ( ir#Fotin. rI Eslitmti#,4lirel • WELD COUNTY PRE-APPLICATION REVIEW REQUEST reswal p • The pre-application request is the preliminary review of a land use proposal.Pre-application reviews are required prior to beginning the application process: however, this review is not ar application. Pre-application reviews are held with the Weld County Departments of Public Works and the Public Health and and Environment. Pre-Application reviews are held Thursday and Friday of any given week in the Greeley office. To be on the pre-submittal agenda,the request and required checklist items Guilt be receivesurrod one' weee and land to the review date, and shall include at a minimum,a description of the property t uses,property owners name and contact information,a brief narrative and a map delineating the property location, in addition to the other items listed. • The Property Information required below can be found on the Weld County Assessor website at wwel.co.weld.co.us Please print a copy of the Assessor's page and submit it with your pre-application review request. • Mail,fax or drop off the request and required checklist items to the address listed below,a ml limum of one week prior to your preferred meeting date. • Submitting your request in a timely manner is important to get your project scheduled for rev ew. Contact information: Name: 6eC_ l/ lit t Jr'4 er- -: Phone: Fax: 707 - 17 - • ) ' j7�� - 5. 3 �-- ��: 1� Y • Email: i v-',11A Jr'-S ii4 Eti Ski/6 en V4 . Cc l�l Address: Project Description: Property Information: Section-Township- S14T4NR68W Zoning Agricufkure Range Parcel Number 1061 14200041 Acreage 2.87+/- Water Source j_,-f} I-r Tftctttp5Oh Site Address 21990 CR 46 I Legal Description Lot A of RE-2139-W2NW4 Sower S�;-�._ Owner Name Schwader,Kurt W&Becki M • Is this property currently in violation? R.Yes r No Case Number ZLV09-00371 -_ Preferred date and time for meeting: '714PS `T?ILA r `) Q '[4c, A/C)C"!UJ Office Use Only Project Title: Review Date: Meeting Date/Time: Weld County Department of Planning Services • 918 10th Street, Greeley CO 80631 Phone: 970-353-6100 x3540 Fax: 970-304.6498 e.d 900ZZ€SOL6 sielsevii dill dZ5co OL ZO qed 776 - 41 7 Y -11-X Air Masters Heating LLC. Brief Narrative: We have a Heating and Air Conditoning Company for the last thirteen years, owever we have only run the business out of 21990 I-25 Access Rd.,since 2003'. We w uld request that we are able to run our business out of this address. We are finding it more and more difficult to stay in business. 2009'was our orst year since we have started our business and we employ 19 people. We are not ev sure if we will be able to hold on throughout 2010'. So I would like to request that this ituation be considered in the review process. We are a locally owned and operated and y husband and myself are the sole owners of the business and are just trying to make en meet:. Thank you in advance for your consideration of this request I can be reach at 970- 532-7618. Becki M. Schwader Air Masters LLC Isa IQVe 6 v -e. b1L`c [ e .5 etc did• v^cc `1 f ^. VJ LL k c'r arc VIAort> tick (`( frs ait, c j S h ecccLe W -e_ ka y cR (1 7 6/0 � o ! A./ Ju r R. I V). O l.{ ✓`. hu5ihrsS • yd 900ZZ690L6 saelsew iy dZ9:S0 Ol ZO 983 • tt WELD COUNTY PLANNIN DEPARTMENT Bethany Salzman Zoning Compliance Officer it 918 Tenth Street Greeley, CO 80631 lug Ifria Phone: 970-353-6100 X 35 5 FAX:al: 70-35 -61 -304-6498 E-Mail: bsalzmanCco.weld. o.us COLORADO January 28, 2010 SCHWADER KURT W&BECKI M 940 W 7TH ST LOVELAND, CO 80537 Case: ZCV09-00371 Legal Description: PT W2NW4 14-4-68 LOT A REC EXEMPT RE-2139 (.07R) Dear SCHWADER KURT W& BECKI M: It has come to the attention of the Department of Planning Services staff that the us son your property may not be in compliance with the Weld County Code,Chapter 23. The potential nonco pliance(s)with the Weld County Code are as follow: . Please be advised that the operation of a furnace and air conditioning corn ny(dha:Air Masters)and/or storage of COMMERCIAL VEHICLES and materials requir s a Use by Special Review permit. The first step in this process is a Pre-Application R uest meeting. This step is completely free to the application, but does require submittal of short application. Please see the enclosed application or see the following web dress: http://www.caweld.co.usidepartmentsiplanning/Planning/Procedural_Guid -1548/PreAp plication%20Request%20(2).pdf This web address will take you to the Pre-Application Review Request link; therwlse go to: www.co.weld.co.us On the left hand side go down to Planning&Zoning (c k on this link) Then click on the Planning Department link in the center of the page Then lick the Pre-Application Request link (the 3rd one down). Please contact me within five working days of the date of this letter to review these oncerns with me. Feel free to contact me at the above address, telephone number or e-mail address. If y u wish to see me personally, please call to schedule an appointment so that l may reserve a sufficien amount of time with you. Sincerely, Bethany Salzman Zoning Compliance Officer II pc: ZCV09-00371 • Page 1 of 1 Z'd 900ZZ690L6 sielse' nV dZ9:£0 01. Z0 qe� 0 • 0 i t i .1.t• , i SIIIIN. 4.,i "MOP. at:, •.I; .., i direlp&1:71.4 y_ Yr ... 4„....ris., , - . I• .• .1f ,. ' .- lit' 1 . tr.it . „ . , ,, , . .„. ..„ .r. „,,, , , • it r . p�: • ..... .. , . . :, ... , , „3„. . o ,W t�• �C- i 1 I • t. , / . • I �it ' I • 0 Illi -4.‘a . r i I. •r 4 • il • **. 1 - , irk t 1 t 1 ilithz - . Ms , .. L '1 iikh3/4 0040*.11001.44 '1 411 .• ' ; : • ill O 1N .f 4 iiJ , ti Hih 4 a -11411b41, 11 r Nom. v I . II ?0 L1� • •Kristine Ranslem goo u ject: PRE-APPLICATION MEETING - BECKI SCHWADER [CONFIRMED] ation: GREELEY PLANNING OFFICE 918 TENTH STREET, OFF-STREET PARKING ADJACENT EAST OF BUILDING Start: Thu 2/11/2010 2:00 PM End: Thu 2/11/2010 3:00 PM Recurrence: (none) Meeting Status: Accepted Organizer: Kim Ogle Required Attendees: AIRMASTERSLLC@SKYBEAM.COM; Kim Ogle; Kristine Ranslem; Heidi Hansen; Donald Carroll Optional Attendees: Michelle Martin; Lauren Light; Kenneth Swanson When:Thursday, February 11, 2010 2:00 PM-3:00 PM (GMT-07:00) Mountain Time (US&Canada). Where: GREELEY PLANNING OFFICE 918 TENTH STREET, OFF-STREET PARKING ADJACENT EAST OF BUILDING Note: The GMT offset above does not reflect daylight saving time adjustments. CONTACT INFORMATION BECKI SCHWADER 0-532-7618 lipMASTERSLLC@SKYBEAM.COM PROPERTY DESCRIPTION LEGAL: LOTA RE-2139; PART W2NW4 14-4-68 SITUS: 21990 CR 46 OWNER: KURT AND BECKI SCHWADER PARCEL# 1061-14-2-00-041 ZONING: AG ACREAGE: 2.87 WATER: LITTLE THOMPSON SEWER: SEPTIC VIOLATION?: ZCV09-00371 REQUEST: HEATING AND AIR CONDITIONING COMPANY 19 EMPLOYEES SIX VEHICLES,ONE TRAILER rya pus SCHWADER.HTML SCHWADER AERIAL.pdf DEAR MS. OGLE: PLEASE BE ADVISED THAT ONLY THREE OF OUR 19 EMPLOYEES COME TO THE SHOP. URTEEN OF OUR EMPLOYEES DRIVE THEIR OWN VEHICLES DIRECTLY TO THE HOME DEPOT STORES HERE THEY WORK PART TIME AS LEAD GENERATORS AND TWO OF OUR EMPLOYEES GO RIGHT TO ALL AMERICAN HOMES IN MILLIKEN AND DO NOT COME DIRECTLY TO THE SHOP. I WOULD ASK THAT 1 THIS INFORMATION BE CONSIDERED FO•HIS PRE-APPLICATION PROCESS. • • • • 2 Identify Results Page 1 of 3 • • WELD COUNTY ASSESSOR PROPERTY PROFILE • Account#: R7470998 Parcel*: 106114200041 s'uemmw_Nmo-5VM2:.. utl nuW u. . 4•••. 4- < AP Tax Area: 2371 Bordering County: Acres: 2.87 Township Range Section Quart. Sec. Subdivison Name Block_#_Lot# 04 - 68 - 14 - 2 Owners Name&Address: Property Address: SCHWADER KURT W & Street: 21990 46 CR 940 W 7TH STREET City: WELD LOVELAND, CO 80537 Additional Owners: SCHWADER BECKI M Business/Complex: Sales Summary Sale Date Sale Price Deed Type Reception # 5/1/1998 $150,000 WD 2611386 Legal Description PT W2NW4 14-4-68 LOT A REC EXEMPT RE-2139 (.07R) • Land Valuation Summary Unit of Number of Actual Value Assessed Land Type Abst Code Measure Units Value Agricultural 4117 Acres 2.87 Land Subtotal: 2.87 $1,487 $430 • Buildings Valuation Summary Assessed Bldg# Property Type Actual Value Value 1 Residential 2 Out Building 3 Out Building 4 Out Building Improvements Subtotal: $114,624 $10,770 Total Property Value $116,111 $11,200 Building Details Account#: R7470998 Parcel#: 106114200041 Owners Name&Address: Property Address: SCHWADER KURT W & Street: 21990 46 CR 940 W 7TH STREET City: WELD • LOVELAND, CO 80537 Building# Property Type 1 Residential file://C:\Documents and Settings\kranslem\Local Settings\Temporary Internet Files\Conten... 2/10/2010 Identify Results Page 2 of 3 • • Individual Built As Detail. • Built As: 1 1/2 Story Fin Year Built: 1889 Exterior: Frame Hardboard HVAC: Floor/Wall Furnace Interior Finish: Drywall Built As SQ Ft: 1498 #of Baths: 1 Roof Type: #of Bdrms: 3 Roof Cover: Composition Shingle # of Stories: 1.5 Rooms: 4 Units: 0 Garage: Attached SQ Ft: Detached SQ Ft: Basement: Total SQ Ft: Finished SQ Ft: Account#: R7470998 Parcel#: 106114200041 Owners Name&Address: Property Address: SCH WADER KURT W & Street: 21990 46 CR 940 W 7TH STREET City: WELD LOVELAND, CO 80537 Building# Property Type 2 Out Building Individual Built As Detail Built As: Shed - Utility Year Built: 0 Exterior: HVAC: None Interior Finish: Built As SQ Ft: 1 • # of Baths: 0 Roof Type: #of Bdrms: 0 Roof Cover: # of Stories: 0 Rooms: 0 Units: 0 Garage: Attached SQ Ft: Detached SQ Ft: Basement: Total SQ Ft: Finished SQ Ft: Account#: R7470998 Parcel#: 106114200041 Owners Name&Address: Property Address: SCHWADER KURT W & Street: 21990 46 CR 940 W 7TH STREET City: WELD LOVELAND, CO 80537 Building# Property Type 3 Out Building Individual Built As Detail Built As: Shed - Utility Year Built: 1982 Exterior: Pole Frame Metal Siding HVAC: None Interior Finish: Built As SQ Ft: 2560 # of Baths: 0 Roof Type: # of Bdrms: 0 Roof Cover: # of Stories: 1 Rooms: 0 Units: 0 • Garage: Attached SQ Ft: Detached SQ Ft: file://C:\Documents and Settings\kranslem\Local Settings\Temporary Internet Files\Conten... 2/10/2010 Identify Results • • Page 3 of 3 Basement Total SQ Ft: Finished SQ Ft: • Account#: R7470998 Parcel#: 106114200041 Owners Name&Address: Property Address: SCHWADER KURT W & Street: 21990 46 CR 940 W 7TH STREET City: WELD LOVELAND, CO 80537 Building# Property Type 4 Out Building Individual Built As Detail Built As: Grain Bin Year Built: 1980 Exterior: Metal HVAC: None Interior Finish: Built As SQ Ft: 1 # of Baths: 0 Roof Type: # of Bdrms: 0 Roof Cover: # of Stories: 0 Rooms: 0 Units: 0 Garage: Attached SQ Ft: Detached SQ Ft: Basement: Total SQ Ft: Finished SQ Ft: • • file://C:\Documents and Settings\kranslem\Local Settings\Temporary Internet Files\Conten... 2/10/2010 Feb 02 10 03:53p Air Masters 9705322006 p.4 • • • v c 1\4s. i II L .,--- _k�J .7.3- we 1 c_ nC7___X) ---1 1-7,-_, _s* __________J .------) i e . ; I 11 %1 .10 4,1a I'74, ,. -. r . _ r ` -- • i --�. - -.war.. _ Y. - . ♦all fII Ito, l� Imo. V.!'p._..yrr • . • am.. . 'M!A +'^' ...► wa.-'a .�• f .fir-. •_ . r. .•- J - •'4R `f r =`-t-_-s • ..y - - -- w . - _ _ _ - w y;Ai" .1-` 1-25 FRONTAGE ROAD = s M tJ . { . - It , t 0 1 ,a .lk wirer .F _ . # J - . 7 e il lit: ..-- , Oill; 4 ,.., .....-.., or bass amt • - I i IV. it Se ii\lika ,_ `} :.ice -4„ -- _mac.; • �_ �. , .. �G+. .riff .qt"T r �- It • -•y- ..-- ♦. 7»^"�� - - ' ! J -ill1 •i, ` c4 i i ...a rs1 y •-4,. i.f' 1. , fI • • { � . 141k ' 4.1 -r _ . :wv >- _ . sue: : f !I. • . t le i • I •_ • •Jo. Irl • • • WELD COUNTY USE BY SPECIAL REVIEW (USR) CHECKLIST 2-11-2tIO Name: 6C1-IWADEP Plan Date: Location: z. z Lron4oc)P. EAST Rn. Reply By: Case #: U5 f;,.— Planner: k( Planning Commission Hearing: BOCC Commission Hearing: . Not Does Not Comment Headings Included 9 Included Apply Use by Special Review (USR), 23-2-200 A. Site Specific Development Plan and Use by Special (USR) B. Application requirements, 23-2-260 C. Zoning districts, 23-3-40 D. Weld County Road access information sheet, and Yee) Road Access Policy 8-2-10-60 / 1. All existing and proposed accesses ✓/2. Oil/gas, agricultural, residential / 3. County or State roadway ,(E ip-- E. Site Plan Map 23-2-240 1. Vicinity map f 2. Access -- proposed or existing 3. County or State roadway ✓ 4. Parking --gravel or asphalt 5. All existing and proposed structures ✓ 6. Right-of-way, easement, ditches F. Stormwater detention and water quality, 8-11-10 —CLAY YE4 G. Other 1. Traffic study, sealed by P.E. (if required) 2. Improvement agreement(if required), 24-9-20 Ryh„tn5 — Yp5 ,lo 3. Geotechnical Report 23-5-130 4. Flood Hazard Overlay Dist. 23-5-200 VIOLA-not1 Zcv& `J - Oo37( • Weld County Public Works Use by Special Review(USR) Checklist Page 1 of 1 M:I Brian 1 Review Checklist I Development Review Checklists.xls Form Updated 01-31-2006 • • — No Drainage Report is required; however the applicant shall provide a short description of the historic stormwater flows across the property and how their application will affect those flows. The description shall include but not be limited to: 1) where the water originates if it flows onto the property from an offsite source, 2) where it flows to as it leaves the property, 3) the direction of flow across the property, and 4) if there have been previous drainage problems with the , property. The application shall also provide flow arrows on the map showing where the stormwater starts, how it goes across the property, and where it leaves the property. The applicant will still be responsible for providing a water quality feature that conforms to the methodology outlined in Volume 3, Section 4.4.2 of the Urban Storm Drainage Criteria manual. CC S'( /60.4,1; 354-(Joao x 3710 • • • • • _ (e1 MEMORANDUM Wine TO: DATE: PAFebruary 11, 2010 ase 2010i1e, pre-application COLORADO FROM: Kris Ranslem, Planning Technician SUBJECT: Pre-Application Meeting prior to submitting USR application Attendees: Kurt Schwader, Applicant Don Carroll, Public Works Ken Swanson, Building Michelle Martin, Planning Kris Ranslem, Planning On Thursday, February 11, 2010 an informal discussion took place at the Greeley Administrative Offices Conference Room regarding the operation of a heating and air conditioning business without the proper permit approval. (The legal description is Lot A RE-2139; Part of W2NW4 of • Section 14, T4N, R68W of the 6t" P.M.; Situs Address is 21990 CR 46) Background Information: Due to the downturn in the economy the applicants have been operating their heating and air conditioning business from their property. The applicants and two other employees access the site regularly; however there are a total of 19 employees (most of which work at Home Depot Stores as lead generators). A restroom is located in the office. The shop is used for storing parts and material and performing some fabrication. The majority of deliveries go to the job site. Building Department Because the buildings are used as an office and the shop is used for business purposes, a change of use building permit is required. The restrooms and parking will need to comply with ADA standards. In addition to the building permit fees, Road Impact fees, Stormwater Drainage fees and Capital Expansion fees will be included. For fee estimation, please contact the Building Department at (970) 353-6100 extension 3540. Public Works A Site Plan will be required identifying the parking and any outside storage. The main access to the site is from the 1-25 Frontage Road; however there is an additional access from CR 46 which the applicant indicated is chained. No traffic study is required; however the applicant shall provide an estimated number of trips per • day. No Geotechnical Report is required if no new buildings or structures are proposed. The site is not located in a floodplain. r • No Drainage Report is required; however the applicant shall provide a short description of the historic stormwater flows across the property and how their application will affect those flows. The description shall include but not be limited to: 1) where the water originates if it flows onto the property from an offsite source, 2) where it flows to as it leaves the property, 3) the direction of flow across the property, and 4) if there have been previous drainage problems with the property. The application shall also provide flow arrows on the map showing where the stormwater starts, how it goes across the property, and where it leaves the property. The applicant will still be responsible for providing a water quality feature that conforms to the methodology outlined in Volume 3, Section 4.4.2 of the Urban Storm Drainage Criteria manual. Planning Department Screening will be required for the parked cars and outside storage from adjacent public rights of way and neighboring property owners. The application fee is $2500. Zoning Compliance will be sending correspondence to the applicant indicating that this case will go to violation hearings on April 13, 2010. The applicant will need to come into compliance by either submitting the USR application or removing all the vehicles and storage prior to that date. It is possible that an extension may be granted by the Board of County Commissioners if requested. Since this property is surrounded by Johnstown and Berthoud, Staff also recommended contacting those towns in regard to their requirements and possible annexation. • Staff urged the applicant to contact staff for any questions: Planner On Call available Monday through Thursday 7:30 a.m. to 4:30 p.m. Staff explained the USR process. The applicant shall submit 4 packets for a 7 day completeness review. After the 7 day completeness review the applicant will be informed of what items are still required to make the application complete. Staff requested that the applicant submit the remaining material in electronic form. Upon submittal of a completed application it will be sent out for referral for 28 days. The applicant will then meet with their Planner to discuss the referrals and address as many of the referrals as possible. At that meeting the Planning Commission hearing will be scheduled. The Board of County Commissioners hearing typically follows approximately 3 weeks after the Planning Commission hearing. The above notes are provided as a courtesy to the applicant. While we strive to identify significant issues, the 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. End memorandum. • • • � AlMEMORANDUM I� DCITO: Michelle Martin, Planning Services DATE: June 9, 2010 FROM: Heidi Hansen, P.E., Public Works DepartmentZ. • COLORADO SUBJECT: 7-Day Completeness Review—Kurt and Becki Schwader I have reviewed the 7-Day Completeness Review. Public Works shall be looking for five critical items: ➢ Site Plan — Submitted ➢ Traffic Study— Not Required ➢ Preliminary Drainage Report—Not Required ➢ Geotechnical Soils Report—Not Required ➢ Flood Hazard Development Standards—Not in a FEMA floodplain This phase of the planning process is a content review of the submitted materials, NOT a technical review. Comments made during this phase of the process will not be all-inclusive. The Public Works Department will perform a detailed technical review of the project once the submittal application is deemed acceptable and is promoted to the review phase of the planning process. • Public Works has adequate materials to complete a technical review of this submittal. pc: 7-Day Completeness, Schwader • M:\PIL,NNING—DEVELOPMENT RPAEW17-DayCompletenessReviews12010\PA10-014,Shwader 7-Day.docx • • 7 Day Completeness Review • r IL Hi PA 10-014 Pre-Application , Subject: USR for a heating and air condition bur 4i ee� 28 2010 Location: Lot A of RE-2139 pt W2 NW4 of Secti — ., J . ' -TT T4N, R68W Applicant Name: Kurt and Becki Schwader Planner: Michelle Martin Department: ubli or cs Health Building Planning Comments: • Name:, Date: 6/9//0 Date: May 28, 2010 Comments due no later than June 11 , 2010 • ► • WELD COUNTY • • COMPLETENESS REVIEW REVIEW DATE: 6/11/10 TYPE OF APPLICATION: USR LEGAL DESCRIPTION: Lot A of RE-2139 pt W2 NW4 of Section 14, T4N, R68W COMPANY NAME/REPRESENTATIVE/OWNER: Kurt and Becki Schwader 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 maior ones that may be raised during the formal review of your application. The information contained herein has been placed on file with the Department of Planning Services. Please submit a copy of this form when you submit a formal Land Use Application. If you have any questions regarding the process and/or application please call Michelle Martin at 970-353-6100 extension 3540, or email at mmartinco.weld.co.us REVIEW: After the completeness review process, please submit your formal Land Use Application to the Department of anning Services. e sure all items on the submittal checklist are submitted in addition to the items outlined in the pre-application meeting and completeness review. An incomplete Land Use Application submittal will not be accepted. REVIEW STAFF: Planning: Michelle Martin— mmartin(a�co.weld.co.us - 970-353-6100 x 3540 Public Works: Heidi Hanson — hhanson(c�co.weld.co.us- 970-304-9496 x3745 Public Health: Lauren Light— Ilightco.weld.co.us — 970-304-6415 x2211 Building Inspection: Ken Swanson— kswansonco.weld.co.us- 970-353-6100 x 3540 PLANNING COMMENTS The Department of Planning Services has reviewed the 7-Day Completeness Review and has the following comments. 1. The application page needs to be completely filled out with — proposed use, the site address, 2. Question 1 of the application questionnaire needs to go into more detail regarding the proposed use of the site and operations of the business. PUBLIC WORKS COMMENTS I have reviewed the 7-Day Completeness Review. Public Works shall be looking for five critical items: • > Site Plan — Submitted Weld County Department of Planning Services 918 10th Street, Greeley CO 80631 Fax: 970-304-6498 Phone: 970-353-6100 x3540 • WELD COUNTY • ➢ Traffic Study— Not Required • ➢ Preliminary Drainage Report— Not Required ➢ Geotechnical Soils Report— Not Required ➢ Flood Hazard Development Standards— Not in a FEMA floodplain This phase of the planning process is a content review of the submitted materials, NOT a technical review. Comments made during this phase of the process will not be all-inclusive. The Public Works Department will perform a detailed technical review of the project once the submittal application is deemed acceptable and is promoted to the review phase of the planning process. HEALTH DEPARTMENT COMMENTS 1. Application page is not completely filled out. The address of the property is not provided and the proposed use is not filled out. 2. The information from Little Thompson Water District is for domestic use. Need documentation that tap is sufficient for commercial use. 3. The septic system is undersized for the existing home per ISDS 98-005 which was mailed 2/19/1998 to David Lamb. The system must be brought into compliance with current septic regulations per policy • 2.2.E. A registered Engineer is required. 4. Waste handling should state which items are put in the dumpster and how items that are taken to Anderson Salvage are stored prior to transport. 5. Provide a brief dust abatement plan for on site dust. Plan may include, water if needed and/or provide some type of road base. I would suggest the applicant speak with the water district prior to submittal to ensure the tap is sufficient and provide us with written documentation. The applicant should also consult with an engineer to determine costs to upgrade their septic system. There is a list of engineers on our website. The applicants may want to determine what the cost of the septic system and water tap is prior to submittal so they are not surprised with additional costs for needed upgrades. BUILDING INSPECTION COMMENTS A building permit is required for a change of use. • Weld County Department of Planning Services 918 10th Street, Greeley CO 80631 Fax: 970-304-6498 Phone: 970-353-6100 x3540 • • 7 Day Completeness Review • PA10-014 Pre-Application Subject: USR for a heating and air condition business Location: Lot A of RE-2139 pt W2 NW4 of Section 14, T4N, R68W Applicant Name: Kurt and Becki Schwader Planner: Michelle Martin Department: Public Works Healt Building Planning Q Comments: 4 h v, iat. nge-bur - i s peg,.(rot oC - Lr _ CtLC • Name: Date: `(, f (o Date: May 28, 2010 Comments due no later than June 11 , 2010 • • • • 0)tt MEMORANDUM TO: Michelle Martin, Planning Services DATE: June 9, 2010 CFROM: Heidi Hansen, P.E., Public Works Department COLORADO SUBJECT: 7-Day Completeness Review— Kurt and Becki Schwader I have reviewed the 7-Day Completeness Review. Public Works shall be looking for five critical items: ➢ Site Plan — Submitted ➢ Traffic Study—Not Required ➢ Preliminary Drainage Report—Not Required ➢ Geotechnical Soils Report—Not Required ➢ Flood Hazard Development Standards—Not in a FEMA floodplain This phase of the planning process is a content review of the submitted materials, NOT a technical review. Comments made during this phase of the process will not be all-inclusive. The Public Works Department will perform a detailed technical review of the project once the submittal application is deemed acceptable and is promoted to the review phase of the planning process. • Public Works has adequate materials to complete a technical review of this submittal. pc: 7-Day Completeness, Schwader • M:\PLANNING\Michelle\7 day completeness review TA 10-014\PA10-014,Shwader 7-Day.docx Michelle Martin om: Lauren Light nt: Tuesday, June 08, 2010 11:55 AM To: Michelle Martin Subject: PA10-014 Schwader 7 day review 1. Application page is not completely filled out. The address of the property is not provided and the proposed use is not filled out. 2. The information from Little Thompson Water District is for domestic use. Need documentation that tap is sufficient for commercial use. 3. The septic system is undersized for the existing home per ISDS 98-005 which was mailed 2/19/1998 to David Lamb. The system must be brought into compliance with current septic regulations per policy 2.2.E. A registered Engineer is required. 4. Waste handling should state which items are put in the dumpster and how items that are taken to Anderson Salvage are stored prior to transport. 5. Provide a brief dust abatement plan for on site dust. Plan may include, water if needed and/or provide some type of road base. I would suggest the applicant speak with the water district prior to submittal to ensure the tap is sufficient and provide us with written documentation. The applicant should also consult with an engineer to determine costs to upgrade their septic system. There is a list of engineers on our website. The applicants may want to determine what the cost of the septic system and water tap is prior to submittal so they are not surprised with additional costs for needed upgrades. Lauren Light,M.B.S. vironmental Planner, Environmental Health Services eld County Department of Public Health&Environment 1555 N. 17th Ave. Greeley, CO 80631 970-304-6415 Ext. 2211 (office) 970-304-6411 (fax) • 1 • • WELD COUNTY • COMPLETENESS REVIEW REVIEW DATE: 6/11/10 TYPE OF APPLICATION: USR LEGAL DESCRIPTION: Lot A of RE-2139 pt W2 NW4 of Section 14, T4N, R68W COMPANY NAME/REPRESENTATIVE/OWNER: Kurt and Becki Schwader PLEASE NOTE: The following completeness review notes are provided as a courtesy to the applicant. While we strive to identify significant issues, the following notes may not identify all issues, even major ones that may be raised during the formal review of your application. The information contained herein has been placed on file with the Department of Planning Services. Please submit a copy of this form when you submit a formal Land Use Application. If you have any questions regarding the process and/or application please call Michelle Martin at 970-353-6100 extension 3540, or email at mmartinCc.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 the pre-application meeting and completeness review. An incomplete Land Use Application submittal will not be accepted. REVIEW STAFF: Planning: Michelle Martin— mmartin(a'�.co.weld,co.us - 970-353-6100 x 3540 Public Works: Heidi Hanson — hhansonco.weld.co.us- 970-304-9496 x3745 Public Health: Lauren Light—Ilieht(a)co.weld.co.us —970-304-6415 x2211 Building Inspection: Ken Swanson— kswansoneco.weld.co.us— 970-353-6100 x 3540 PLANNING COMMENTS The Department of Planning Services has reviewed the 7-Day Completeness Review and has the following comments. 1. The application page needs to be completely filled out with — proposed use, the site address, 2. Question 1 of the application questionnaire needs to go into more detail regarding the proposed use of the site and operations of the business. The Certificate of Conveyances and certified list of surrounding property owners both of those will need to be updated. Also an investigation fee of$1,250.00 will need to be paid. PUBLIC WORKS COMMENTS • Weld County Department of Planning Services 918 10`" Street, Greeley CO 80631 Fax: 970-304-6498 Phone: 970-353-6100 x3540 WELD COUNTY I have reviewed the 7-Day Completeness Review. Public Works shall be looking for five critical items: • ➢ Site Plan — Submitted ➢ Traffic Study —Not Required ➢ Preliminary Drainage Report— Not Required ➢ Geotechnical Soils Report— Not Required ➢ Flood Hazard Development Standards— Not in a FEMA floodplain This phase of the planning process is a content review of the submitted materials, NOT a technical review. Comments made during this phase of the process will not be all-inclusive. The Public Works Department will perform a detailed technical review of the project once the submittal application is deemed acceptable and is promoted to the review phase of the planning process. HEALTH DEPARTMENT COMMENTS 1. Application page is not completely filled out. The address of the property is not provided and the proposed use is not filled out. 2. The information from Little Thompson Water District is for domestic use. Need documentation that tap is sufficient for commercial use. • 3. The septic system is undersized for the existing home per ISDS 98-OO5 which was mailed 2/19/1998 to David Lamb. The system must be brought into compliance with current septic regulations per policy 2.2.E. A registered Engineer is required. 4. Waste handling should state which items are put in the dumpster and how items that are taken to Anderson Salvage are stored prior to transport. 5. Provide a brief dust abatement plan for on site dust. Plan may include, water if needed and/or provide some type of road base. I would suggest the applicant speak with the water district prior to submittal to ensure the tap is sufficient and provide us with written documentation. The applicant should also consult with an engineer to determine costs to upgrade their septic system. There is a list of engineers on our website. The applicants may want to determine what the cost of the septic system and water tap is prior to submittal so they are not surprised with additional costs for needed upgrades. BUILDING INSPECTION COMMENTS A building permit is required for a change of use. • Weld County Department of Planning Services 918 101h Street, Greeley CO 80631 Fax: 970-304-6498 Phone: 970-353-6100 x3540 0 111 FAX TRANSMISSION COLORADO WELD COUNTY DEPARTMENT OF PLANNING SERVICES 1555 N. 17TH AVENUE GREELEY, CO 80631 (970) 353-6100 EXT 3540 FAX (970) 304-6498 To: &CY; clitabi Date: 7/23/2O/O Fax: 5-32 — Zook. Pages: 3 , including cover sheet • From: Hi-jilt Mc fi" Phone: Subject: C.ofpk, tss COMMENTS: Hello