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HomeMy WebLinkAbout20091155.tiffINVENTORY OF ITEMS FOR CONSIDERATION Applicant Katherine O'Keefe Case Number USR-1693 Submitted or Prepared • v 'Na v Prior to Hearing At Hearing -RO Roeolutiea-- 1 Staff Comments X Department of Planning Services Field Check Form X Planning Commissioner Field Check Form Letter to Applicant X Affidavit of sign posting X 2 Legal Notifications X 3 Application X 4 Referral List X Referrals without comment X Weld County Zoning Compliance, referral dated February 23, 2009 X State of Colorado, Division of Wildlife, referral dated March 8, 2009 X Laramie County Planning and Development, referral dated March 10, 2009 X State of Colorado, Department of Transportation, referral dated March 5, 2009 X Weld County Sheriffs Office, referral dated February 23, 2009 X West Greeley Soil Conservation District, referral dated February 27, 2009 X Weld County Department of Planning Services, Landscape, referral dated February 23, 2009 X 5 Referrals with comments X Weld County Department of Public Health and Environment, referrals dated February 25, 2009 and March 20, 2009 X Weld County Department of Public Works, referral dated March 11, 2009 X State of Colorado, Division of Water Resources, referral dated March 27, 2009 X Weld County Building Inspection, referral dated February 25, 2009 x 6 Maps X 7 Deed/ Easement Certificate X 8 Surrounding Property/ Mineral Owners X 9 Utilities X 10 Soil Survey X 11 PC Exhibits X 11.a Letter from Dean Chavez dated March 18, 2009 X 11.b Letter from Jeffrey Phillippi dated April 11, 2009 X I hereby certify that the twenty seven items identified herein were submitted to the Department of Planning Services at or prior to the scheduled Boa of County Commissioners hearing. EXHIBIT p, • Jacqueline Hatch-Drouillard J rd Planner GLS2 -11 3 2009-1155 sKa • lags • LAND USE APPLICATION SUMMARY SHEET Planner: Jacqueline Hatch-Drouillard Case Number: USR-1693 Hearing Date: May 5, 2009 Applicant: Katherine O'Keefe do Michael O'Keefe Address: 6241 H. Co. Road 13, Loveland CO 80538 Request: A Site Specific Development Plan and a Special Review Permit for a Use by Right, an accessory use, or a Use by Special Review in the Commercial or Industrial Zone District (gift shop, vending machines, and lottery sales) in the Agricultural Zone District. Legal Description: Lot B of RE -529 being part of NE4 NE4 in Section 21, T12N, R66W of the 6th P.M., Weld County, CO. Location: West of and adjacent to State Highway 85 and approximately % miles north of County Road 138. Size of Parcel: 8.92 +/- acres Parcel Number: 0049 21 000010 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: Referrals without comments: • Weld County Zoning Compliance, referral dated February 23, 2009 • State of Colorado, Division of Wildlife, referral dated March 8, 2009 • Laramie County Planning and Development, referral dated March 10, 2009 • State of Colorado, Department of Transportation, referral dated March 5, 2009 • Weld County Sheriff's Office, referral dated February 23, 2009 • West Greeley Soil Conservation District, referral dated February 27, 2009 • Weld County Department of Planning Services, Landscape, referral dated February 23, 2009 Referrals with comments: • Weld County Department of Public Health and Environment, referrals dated February 25, 2009 and March 20, 2009 • Weld County Department of Public Works, referral dated March 11, 2009 • State of Colorado, Division of Water Resources, referral dated March 27, 2009 EXHIBIT • Weld County Building Inspection, referral dated February 25, 2009 • USR-1693 O'Keefe Page 1 The Department of Planning Services' staff has not received responses from the following agencies: ▪ Nunn Fire Protection District • State of Colorado Lottery USR-1693 O'Keefe Page 2 1`k • Att4i 1COLORADO • • SPECIAL REVIEW PERMIT ADMINISTRATIVE REVIEW Planner: Jacqueline Hatch-Drouillard Case Number: USR-1693 Hearing Date: May 5, 2009 Applicant: Katherine O'Keefe do Michael O'Keefe Address: 6241 H. Co. Road 13, Loveland CO 80538 Request: A Site Specific Development Plan and a Special Review Permit for a Use by Right, an accessory use, or a Use by Special Review in the Commercial or Industrial Zone District (gift shop, vending machines, and lottery sales) in the Agricultural Zone District. Legal Description: Lot B of RE -529 being part of NE4 NE4 in Section 21, T12N, R66W of the 6th P.M., Weld County, CO. Location: West of and adjacent to State Highway 85 and approximately 94 miles north of County Road 138. Size of Parcel: 8.92 +/- acres Parcel Number: 0049 21 000010 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 22-2-90.A. C.Goal 1 states: "promote the location of commercial uses within municipalities, County Urban Growth Boundary areas, Intergovernmental Agreement urban growth areas, growth management areas as defined in municipal comprehensive plans, the Regional Urbanization Areas, Urban Development Nodes or where adequate services are currently available or reasonably obtainable." Adequate services are available to serve the site. The site is proposed to be serviced by an individual septic system permitted under permit number SE -0900009 and was evaluated for adequate size and capacity, by this department, on February 18, 2009. The site is USR-1693 O'Keefe Page 3 proposed to have a cistern, for potable water usage, (CP09-001) which was approved by the Board of Health on January 27, 2009. No more then 27 people per day shall utilize the site based upon the capacity of the cistern. The applicant will have to keep a daily log of the number of customers for staff to review at any time. The site does have an existing well that is permitted for domestic use only. Development Standards and Conditions of Approval will ensure that the proposed use will be compatible with the vicinity. B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A (Agricultural) Zone District. Section 23-3-40.R of the Weld County Code provides for a Site Specific Development Plan and a Special Review Permit for a Use by Right, an Accessory Use, or a Use by Special Review in the Commercial or Industrial Zone District (gift shop, vending machines, and lottery sales) in the A (Agricultural) Zone District. The applicant is asking for a larger sign than that is allowed in the Agricultural Zone District. The applicant is requesting a 24 square foot sign on the property. The Agricultural Zone District allows for one freestanding sign not to exceed 16 square feet. The Department of Planning Services supports the request for a 24 square foot sign. C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing surrounding land uses. The surrounding property is primarily dry land in nature with a few homes in close proximity. The Clowns Den/Borderline Cantina (USR-1096) is located directly to the west of the site. The Wyoming -Colorado state line is located directly to the north. There are five parcels within 500' of the property. Two letters have been received in opposition to the proposal from neighboring property owners. Some of their concerns include an increase in traffic, noise abatement, and a reduction in sales to the existing lottery sales office to the north of the property. Conditions of Approval and Development Standards will ensure compatibility with the surrounding area. D. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with future development of the surrounding area as permitted by the existing zoning and with the future development as projected by Chapter 22 of the Weld County Code and any other applicable code provisions or ordinances in effect, or the adopted Master Plans of affected municipalities. The site is not located within three miles of any municipality. The property is located within three miles of Laramie County in Wyoming. Laramie County in their referral letter dated March 10, 2009 indicated no conflicts with the proposal. E. Section 23-2-220.A.5 -- The site does not lie within any Overlay Districts. Effective January 1, 2003, Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County Road Impact Program. (Ordinance 2002-11) Effective August 1, 2005, Building permits issued on the subject site will be required to adhere to the fee structure of the Capital Expansion Impact Fee and the Stormwater/Drainage Impact Fee. (Ordinance 2005-8 Section 5-8-40) F. Section 23-2-220.A.7 -- The Design Standards (Section 23-2-240, Weld County Code), Operation Standards (Section 23-2-250, Weld County Code), Conditions of Approval and Development Standards ensure that there are adequate provisions for the protection of health, safety, and welfare of the inhabitants of the neighborhood and County. USR-1693 O'Keefe Page 4 • • • 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. The Department of Planning Services' staff recommendation for approval is conditional upon the following: 1. Prior to recording the plat: A. The applicant shall submit a detailed sign plan to the Weld County Department of Planning Services for review the sign shall not exceed 24 square feet in size. (Department of Planning Services) B. The applicant shall either submit a copy of an agreement with the property's mineral owner/operators stipulating that the oil and gas activities have been adequately incorporated into the design of the site or show evidence that an adequate attempt has been made to mitigate the concerns of the mineral owner/operators. Drill envelopes can be delineated on the plat in accordance with the State requirements as an attempt to mitigate concerns. The plat shall be amended to include any possible future drilling sites. (Department of Planning Services) C. The applicant shall address the requirements (concerns) of the State of Colorado Division of Water Resources, as stated in the referral response dated March 27, 2009. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Planning Services) D. The applicant shall address the requirements (concerns) of the Weld County Department of Public Works, as stated in the referral response dated March 11, 2009. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Planning Services) E. The applicant shall address the requirements (concerns) of the Weld County Department of Public Health and Environment, as stated in the referrals dated February 25, 2009 and March 20, 2009. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Planning Services) F. The applicant shall submit a dust abatement plan for review and approval, to the Environmental Health Services, Weld County Department of Public Health & Environment. Evidence of approval from the Department of Public Health and Environment shall be submitted to the Department of Planning Services. (Department of Public Health and Environment) G. The applicant shall submit a waste handling plan, for approval, to the Environmental Health Services Division of the Weld County Department of Public Health & Environment. Evidence of approval from the Department of Public Health and Environment shall be submitted to the Department of Planning Services. The plan shall include at a minimum, the following: 1. A list of wastes which are expected to be generated on site (this should include expected volumes and types of waste generated). USR-1693 O'Keefe Page 5 2. A list of the type and volume of chemicals expected to be stored on site. 3. The waste handler and facility where the waste will be disposed (including the facility name, address, and phone number). (Department of Public Health and Environment) H. The applicant shall complete all proposed improvements including those regarding landscaping, screening, access improvements and parking lot requirements or enter into an Improvements Agreement according to policy regarding collateral for improvements and post adequate collateral for all required materials. 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. (Department of Planning Services) The applicant shall submit to the Department of Planning Services and the Department of Public Health and Environment a copy of a contract for water to fill the cistern which must be from an approved water source. (Department of Planning Services) J. The plat shall be amended to delineate the following: 1. All sheets shall be labeled USR-1693 (Department of Planning Services) 2. The attached Development Standards. (Department of Planning Services) 3. The plat shall delineate any signs in compliance with Division 2 of the Weld County Code. (Department of Planning Services) 4. The applicant shall delineate the existing right of way for State Highway 85 on the plat. (Department of Planning Services) 5. Should exterior lighting be a part of this facility, all light standards shall be delineated on the plat and be in accordance with Section 23-2-250.D of the Weld County Code. (Department of Planning Services) 6. The applicant shall provide a parking plan that designates parking spots for employees, customers, and business/delivery trucks. The parking locations shall be dimensioned. The Department of Planning Services has determined from the application materials that five (5) parking spaces and one (1) ADA parking spaces will be required on site for the business. An additional two (2) parking spaces shall be delineated on the plat for the residence on the site. Each parking space should be equipped with wheel guards where needed to prevent vehicles from extending beyond the boundaries of the space and from coming into contact with other vehicles, walls, fences, sidewalks, or plantings (Department of Planning Services) 7. The legend for the existing Landscape and Screening Plan. (Department of Planning Services) 8. The dumpster shall be screened from adjacent properties and rights of way. (Department of Planning Services) USR-1693 O'Keefe Page 6 9. 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. The location and type of surfacing material shall be delineated on the plat. (Department of Planning Services) K. The applicant shall submit three (3) paper copies of the plat for preliminary approval to the Weld County Department of Planning Services. (Department of Planning Services) 2. Upon completion of 1. above the applicant shall submit a Mylar plat along with all other documentation required as Conditions of Approval. The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by Department of Planning Services' Staff. The plat shall be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code. The Mylar plat and additional requirements shall be submitted within thirty (30) days from the date of the Board of County Commissioners resolution. The applicant shall be responsible for paying the recording fee. (Department of Planning Services) 3. In accordance with Weld County Code Ordinance 2006-7 approved June 1, 2006, should the plat not be recorded within the required thirty (30) days from the date the Board of County Commissioners resolution a $50.00 recording continuance charge shall added for each additional 3 month period. 4. The Department of Planning Services respectively requests the surveyor provide a digital copy of this Use by Special Review. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles, Arclnfo Coverages and Arclnfo Export files format type is .e00. The preferred format for Images is .tif (Group 4). (Group 6 is not acceptable). This digital file may be sent to maps(Wco.weld.co.us. (Department of Planning Services) 5. Prior to operation: A. The Department of Public Health and Environment must do a final inspection of the cistern after it has been installed (but not yet covered with dirt) and is full of water. The applicant must schedule this inspection. (Department of Public Health and Environment) B. The Department of Public Health and Environment must collect a water sample for bacterial analysis. This sample will be collected at the time of inspection. The analysis must reveal that the water in the cistern is suitable for human consumption. In the event the test fails, a retest must be conducted at an additional cost. (Department of Public Health and Environment) C. The applicant shall provide a written sign -off from the Nunn Fire Protection District to the Department of Building Inspection. (Department of Building Inspection) 6. 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-1693 O'Keefe Page 7 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS O'Keefe USR-1693 1. A Site Specific Development Plan and a Special Review Permit for a Use by Right, an accessory use, or a Use by Special Review in the Commercial or Industrial Zone District (gift shop, vending machines, and lottery sales) in the Agricultural Zone Districts and subject to the Development Standards stated hereon. (Department of Planning Services) 2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County Code. (Department of Planning Services) 3. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S., as amended) shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. (Department of Public Health and Environment) 4. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S., as amended. (Department of Public Health and Environment) 5. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance conditions. (Department of Public Health and Environment) 6. The applicant shall operate in accordance with the approved "waste handling plan", at all times. (Department of Public Health and Environment) 7. 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. 8. 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) 9. Adequate toilet and handwashing facilities shall be provided for patrons and employees, at all times. (Department of Public Health and Environment) 10. Any septic system located on the property must comply with all provisions of the Weld County Code, pertaining to Individual Sewage Disposal Systems. (Department of Public Health and Environment) 11. The facility shall utilize the cistern permitted under CP09-001 for water supply. (Department of Public Health and Environment) 12. No more then 27 people per day shall utilize the site based upon the capacity of the cistern (CP09-001). (Department of Public Health and Environment) USR-1693 O'Keefe Page 8 13. The applicant shall comply with Colorado Retail Food Establishment Rules and Regulations governing the regulation of food service establishments. (Department of Public Health and Environment) • 14. 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) 15. Only prepackaged food, in a vending machine, is allowed. (Department of Planning Services) 16. One 24 square foot freestanding sign is allowed on site. (Department of Planning Services) 17. A bacteriological analysis must be performed by an approved lab on a quarterly basis and results submitted to Weld County Department of Public Health and Environment. (Department of Planning Services) 18. A building permit shall be obtained prior to the construction of any new building, addition or remodel of existing buildings. A building permit is required for change of use of any existing buildings. (Department of Building Inspection) 19. A plan review is required for each building for which a building permit is required. Plans shall bear the west stamp of a Colorado registered architect or engineer. Two complete sets of plans are required with applying for each permit. (Department of Building Inspection) 20. Structures shall conform to the requirements of the various codes adopted at the time of permit application. Currently the following has been adopted by Weld County: 2006 International Building Code; 2006 International Mechanical Code; 2006 International Plumbing Code; 2006 International Fuel Gas Code; and the 2005 National Electrical Code and Chapter 29 of the Weld County Code. (Department of Building Inspection) 21. A letter of approval shall be provided to the Department of Building Inspection from the Nunn Fire Protection District prior to construction of any structure. (Department of Building Inspection) 22. If exterior lighting is proposed to be a part of this facility, all light standards shall be delineated in accordance with Section 23-2-250.D of the Weld County Code. (Department of Planning Services) 23. 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) 24. The hours of operation are 8:00am to 7:00pm seven days a week. (Department of Planning Services) 25. The site shall have no more then two (2) employees. (Department of Planning Services) 26. A log illustrating the number of customers a day shall be kept on site for review by Weld County personal at any time. Due to the size of the cistern only twenty-seven (27) customers are allowed a day. (Department of Planning Services) • • USR-1693 O'Keefe Page 9 27. 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) • • 28. 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) 29. The existing landscape and screening on site shall be maintained. (Department of Planning Services) 30. The property owner shall allow any mineral owner the right of ingress or egress for the purposes of exploration development, completion, recompletion, re-entry, production and maintenance operations associated with existing or future operations located on these lands. (Department of Planning Services) 31. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240, Weld County Code. (Department of Planning Services) 32. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250, Weld County Code. (Department of Planning Services) 33. 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. (Department of Planning Services) 34. 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. 35. 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. (Department of Planning Services) USR-1693 O'Keefe Page 10 • #A4t 111k COLORADO • • April 1, 2009 Katherine & Michael O'Keefe 6241NCR13 Loveland CO 80538 DEPARTMENT OF PLANNING SERVICES SOUTHWEST OFFICE 4209 CR 24.5 LONGMONT, CO 80504 PHONE: (720) 652-4210, Ext. 8730 FAX: (720) 652-4211 Subject: USR-1693- A Site Specific Development Plan and Use by Special Review Permit for a Use by Right, an Accessory Use, or a Use by Special Review in the Commercial or Industrial Zone Districts (gift shop, vending machines, and lottery sales) in the A (Agricultural) Zone District on a parcel of land described as Lot B of RE -529 being part of NE4 NE4 in Section 21, T12N, R66W of the 6th P.M., Weld County, Colorado. Dear Applicants: I have scheduled a meeting with the Weld County Planning Commission on May 5, 2009, at 1:30 p.m. This meeting will take place in the Hearing Room, Weld County Planning Department, 918 10th St, Greeley, Colorado. A subsequent hearing will be held on May 20, 2009 at 10:00 a.m., in the Chambers of the Board of County Commissioners, Weld County Centennial Center, 915 10`h 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 often 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 packets one week priorto the scheduled Planning Commission Hearing. If you have any questions concerning this matter, please call. Respectfully, Jacqueline Hatch Planner • lURe COLORADO • • February 23, 2009 Katherine O'Keefe c/o Michael O'Keefe 6241 NCR 13 Loveland CO 80538 • DEPARTME4POF PLANNING SERVICES SOUTHWEST OFFICE 4209 CR 24.5 LONGMONT, CO 80504 PHONE: (720) 652-4210, Ext. 8730 FAX: (720) 652-4211 Subject: USR-1693 - Request for a Site Specific Development Plan and Use by Special Review Permit for a Use by Right, an accessory use, or a Use by Special Review in the Commercial or Industrial Zone District (gift shop, vending machines, and lottery sales) in the A (Agricultural) Zone Districts on a parcel of land described as Lot B of RE -529 being part of NE4 NE4 in Section 21, T12N, R66W of the 6th P.M., Weld County, Colorado. Jean- 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 show 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 Planning Commission for their review and comments. Please call 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 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, Jacqueline Hatch Planner PLANNING COMMISSIONERS' SIGN POSTING CERTIFICATE THE LAST DAY TO POST THE SIGN IS April 25, 2009 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, Jacqueline Hatch-Drouillard, 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-1693 IN THE A (Agricultural) ZONE DISTRICT. Jacqueline Hatch-Drouillard Name of Person Posting Sign — Jacqueline Hatch-Drouillard • STATE OF COLORADO ss. COUNTY OF WELD The foregoing instrument was subscribed and sworn to me thisaiNay of P9(1 2009. WITNESS my hand and official seal. Signatu - of Person Posting Sign �xd 1�It L otary Public My Commission Expires My Commission Expires: 10.14.2011 • p> T ANY SALZMAN 4 r- 0 I -, 0 • 0 n • Pre -Application Meeting Date: October 2, 2008 Attendees:Chris Gathman — Planning Donald Carroll — Public Works Robert Powell — Building Inspection Proposal and Location: Lot B RE -529; Part NE4NE4 of Section 21 T12N R66W Description: Applicants are proposing a coffee shop with pre- packaged foods and possibly ice cream (no drive through) in half of existing building. The other half of the building would remain as a residence. Building dimensions are 60 feet x 37 feet. • • Public Works: Contact Gloria Idler (ph#: 350-2148) with Colorado Department of Transportation (CDOT) to verify that existing access is permitted and whether proposed use would require a new or updated access permit. Suggested wheel stops should be installed to show customers where to park. An overflow parking area should be indicated as well. No traffic study will be required with the Use by Special Review Permit (USR) application. Drainage: Put in a berm next to the parking area. Retain and release from the parking area at a historic rate. A drainage study/report is not required. Describe berms and where water drains to and releases to in the USR application. • • Planning: Applicants indicated that they may have up to 50 visitors daily as an estimate for the business. This would require a maximum of 9 wheel guards maximum for visitor parking. Applicant should provide a seating plan with the application to determine parking requirements per Appendix 23-B of the Weld County Code. A sign plan should be provided with the USR application if proposing a free-standing sign larger than 16 square feet and if proposing any signs on the building. If RV parking is proposed — the RV parking area shall be indicated on the USR site map. Building: A handicapped accessible parking space and access to the building will be needed. A handicapped sign for the parking space will be needed. A van space requires 132 inches in width with a 5 -foot access adjacent to the parking space. If you have more than 50 people you will need to sprinkle the building. Per the applicants, a 5/8 inch dry wall separation exists between the coffee shop and the residence. A change of building permit application will be needed. The applicant will need to provide a floor plan of the building with this application. Required doorway width and hallway minimum width is 32 inches. • Health: • • • The applicants have obtained an evidence of existing septic permit application from the Health Department as the existing septic was never formally permitted through the Environmental Health Department. Through this process the Health Department verifies if the septic is functioning properly. FIELD CHECK Inspection Date: 4/22/09 APPLICANT: CASE # : REQUEST: LEGAL: LOCATION: PARCEL ID #: ACRES: Katherine O'Keefe do Michael O'Keefe USR-1693 A Site Specific Development Plan and a Special Review Permit for a Use by Right, an accessory use, or a Use by Special Review in the Commercial or Industrial Zone District (gift shop, vending machines, and lottery sales) in the Agricultural Zone Districts. Lot B of RE -529 being part of NE4 NE4 being in Section 21, T12N, R66W of the 6th P.M., Weld County, CO. West of State Highway 85 and approximately'/. miles north County Road 138. 0049 21 000010 8.92 +/- acres Zoning Land Use N Agricultural / Wyoming N Agricultural E Agricultural E Agricultural S Agricultural S Agricultural W Agricultural W Agricultural Comments: Circle gravel access Paved driveway Single family home on site Welcome to Colorado sign Home directly to the south of the site Clowns Den / Borderline Cantina access to the north of site but site is located to the west of property - can not see Clowns Den / Borderline Cantina from property Vacant land to the east o House(s) o Outbuilding(s) ❑ Access to Property ❑ Crop Productions o Site Distance ❑ Mobile Home(s) ❑ Other Animals On -Site o Water Bodies o Ditch o Derelict Vehicles o Non-commercial junkyard (list components) o Irrigation Sprinkler o Crops o Wetlands o Oil & Gas Structures o Wildlife o Utilities On -Site (transmission lines) o Topography Note any commercial business/commercial vehicles that are operating from the site Hello