HomeMy WebLinkAbout20090162.tiffINVENTORY OF ITEMS FOR CONSIDERATION
Applicant Mark Brinkman Case Number USR-1667
Submitted or Prepared
•
N
N
N
r
v
N
N
N
N
•
Prior to
Hearing
At
Hearing
PC-Reseletierr
1
Staff Comments
X
Department of Planning Services Field Check Form
X
Planning Commissioner Field Check Form
X
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 received 7/24/08
X
Weld County Sheriffs Office, referral received 7/31/08
X
Colorado Division of Wildlife, referral received 8/5/08
X
5
Referrals with comments
X
Weld County Department of Public Health and Environment, referral received
8/27/08
X
Weld County Department of Public Works, referral received 8/19/08
X
Weld County Landscape referral received 7/21/08
X
Colorado Division of Water Resources, referral received 8/26/08
X
Town of Windsor, referral received 8/15/08
X
Town of Severance, referrals received 7/29/08 and 8/18/08
X
City of Greeley, referral received 8/14/08
X
Colorado Department of Transportation, referral received 8/1/08
X
Weld County School District RE -4, referral received 8/4/08
X
Windsor — Severance Fire Protection District, referral received 8/6/08
X
Weld County Department of Building Inspection, referral received 7/30/08
X
6
Maps
X
7
Deed/ Easement Certificate
X
2009-0162
v
v
v
•
N
•
•
a
burrounamg vroperty / mineral uwners
x
9
Utilities
X
10
Soil Survey
X
11
PC Exhibits
X
11.A
Letter from applicant'Benefits to County and Town of Windsor; Important Points"
X
11.B
Email dated 1/5/09
X
11.C
Email dated 12/31/08
x
I hereby certify that the twenty items identified herein were submitted to the
prior to the sche
am'to
�L .unty
Michelle Martin I Planner
nnin
e. ces at or
rs hearing.
• I ertz.
WiDO
�
COLORA
•
•
LAND USE APPLICATION
SUMMARY SHEET
Case Number: USR-1667 Hearing Date: January 6, 2008
Applicant: Mark Brinkman
Situs Address: 9500 State Highway 392, Windsor CO 80550
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 (Landscaping Company) in the A (Agricultural) Zone
District.
Legal Description: Part of NW4 of Section 22, T6N, R67W of the 6th P.M., Weld County, CO
Location:
Size of Parcel:
South of and adjacent to State Highway 392 and approximately''/] mile West of
County Road 21
4.58 +/- acres
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:
< Weld County Zoning Compliance, referral received 7/24/08
• Weld County Department of Public Health and Environment, referral received 8/27/08
< Weld County Department of Public Works, referral received 8/19/08
< Weld County Department of Building Inspection, referral received 7/30/08
• Windsor — Severance Fire Protection District, referral received 8/6/08
• Weld County School District RE -4, referral received 8/4/08
• Colorado Department of Transportation, referral received 8/1/08
< City of Greeley, referral received 8/14/08
• Town of Severance, referrals received 7/29/08 and 8/18/08
< Town of Windsor, referral received 8/15/08
• Colorado Division of Water Resources, referral received 8/26/08
• Colorado Division of Wildlife, referral received 8/5/08
• Weld County Landscape referral received 7/21/08
Weld County Sheriff's Office, referral received 7/31/08
The Department of Planning Services' staff has not received responses from the following agencies:
• Weld County Paramedics
USR-1667 Brinkman Page 1 of 10
EXHIBIT
•
•
•
Ink
COLORADO
SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
Planner: Michelle Martin
Case Number: USR-1667 Hearing Date: January 6, 2008
Applicant: Mark Brinkman
Situs Address: 9500 State Highway 392, Windsor CO 80550
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 (Landscaping Company) in the A (Agricultural) Zone
District.
Legal Description: Part of NW4 of Section 22, T6N, R67W of the 6th P.M., Weld County, CO.
Location: South of and adjacent to State Highway 392 and approximately/: mile West of
County Road 21
Size of Parcel: 4.58 +/- acres Parcel Number: 0807 22 000014
THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE
DENIED FOR THE FOLLOWING REASONS:
1. It is the opinion of the Department of Planning Services' staff that the applicant has not 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 not consistent with Chapter 22 and any
other applicable code provisions or ordinance in effect.
22-2-110.C.1 UGB.Policy 3.1. The County may consider approving a land use
development within an urban growth boundary area if all of the four specified criteria are
met. The applicant has not met two out of the four criteria.
a. UGB.Policy 3.1.1. The adjacent municipality does not consent to annex the
land or property in a timely manner or annexation is not legally possible.
The Town of Windsor in their referral dated 8/15/08 indicted that the property
should be annexed and developed within the Town of Windsor. The Town of
Windsor has annexed several of the properties near this property.
USR-1667 Brinkman Page 2 of 10
•
•
•
b. UGB.Policy 3.1.3. The proposed use attempts to be compatible with the
adjacent municipality's comprehensive plan.
The Town of Windsor in their referral dated 8/15/08 states that the property is
depicted as Neighborhood and General Commercial per their Growth
Management Plan. The property is also located within the Windsor -Severance
Cooperative Planning Area and within the "gateway" to the Towns of Windsor
and Severance. According to the Town of Windsor's zoning code the proposed
use is classified as heavy industrial and therefore is not compatible.
The Town of Severance in their referral dated 8/18/08 states that the property in
question is located within the Cooperative Planning Area (CPA) of Severance
and Windsor as outlined in the Intergovernmental Agreement (IGA) between the
two towns. The Town is recommending denial of this case because the
proposed use does not meet the requirements of the IGA.
b. Section 23-2-220.A.4 -- The Uses which would 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 this Code or Master Plans of affected
municipalities.
The Towns of Windsor and Severance have both indicated in their referrals dated
8/15/08 and 8/18/08 that the proposed use is not compatible with the Towns
Cooperative Planning Area (CPA) as depicted in the Town's Intergovernmental
Agreement (IGA). The Town of Windsor also stated in their referral dated
8/15/08 that the property is question is located within the Town's Growth
Management Area (GMA) and the proposed use is not compatible with the future
uses of the area.
Future Plans for the area indicated the property would be utilized for
Neighborhood and General Commercial allowing for a variety of commercial
activities. The proposed use is classified as heavy industrial according to the
Town of Windsor and therefore would not be compatible.
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.
Should the Planning Commission approve this request, the Department of Planning Services
recommends that the following Conditions of Approval and Development Standards be attached:
1. Prior to recording the plat:
A. The applicant shall submit a dust abatement plan for review and approval to the
Environmental Health Services, Weld County Department of Public Health and
Environment. Evidence of approval shall be provided to the Department of Planning
Services. (Department of Public Health and Environment)
B. 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 shall be provided to the Department of Planning Services. The plan
shall include at a minimum, the following:
USR-1667 Brinkman Page 3 of 10
•
•
•
1) A list of wastes which are expected to be generated on site (this should include
expected volumes and types of waste generated).
2) A list of the type and volume of chemicals expected to be stored on site.
3) The waste handler and facility where the waste will be disposed (including the
facility name, address, and phone number). (Department of Public Health and
Environment)
C. As the applicant intends to utilize the existing septic system at the home, for employee
use, the septic system shall be reviewed by a Colorado Registered Professional
Engineer. The review shall consist of observation of the system and a technical review
describing the systems ability to handle the proposed hydraulic load. The review shall be
submitted to the Environmental Health Services Division of the Weld County Department
of Public Health and Environment. In the event the system is found to be inadequately
sized or constructed the system shall be brought into compliance with current
Regulations. Evidence of approval shall be provided to the Department of Planning
Services. (Department of Public Health and Environment)
D. A copy of the Commercial Applicators license, from the Colorado Department of
Agriculture, shall be provided to Environmental Health Services, Weld County
Department of Public Health & Environment. Evidence of approval shall be provided to
the Department of Planning Services. (Department of Public Health and Environment)
E. In the event washing of vehicles will occur on site the applicant shall ensure that any
vehicle washing area(s) shall capture all effluent and prevent discharges from the
washing of vehicles in accordance with the Rules and Regulations of the Water Quality
Control Commission, and the Environmental Protection Agency. Vehicle washing areas
should be designated on the plat. Evidence of approval shall be provided to the
Department of Planning Services. (Department of Public Health and Environment)
F. The applicant shall enter into a Private Improvements Agreement according to policy
regarding collateral for improvements and post adequate collateral for all landscaping,
transportation (access drive, parking areas, etcetera) and non -transportation (plant
materials, fencing, screening, water, signage etcetera). 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. Or 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)
G. The applicant shall address the requirements (concerns) of Weld County Building
Department, as stated in the referral response dated 7/30/08. Evidence of such shall be
submitted in writing to the Weld County Department of Planning Services. (Weld County
Building Department)
H. The applicant shall attempt to address the requirements (concerns) of the Town of
Windsor, as stated in the referral response dated 8/15/08. Evidence of such shall be
submitted in writing to the Weld County Department of Planning Services. (Town of
Windsor)
The applicant shall attempt to address the requirements (concerns) of the Weld County
Landscape referral, as stated in the referral response dated 7/21/08. Evidence of such
USR-1667 Brinkman Page 4 of 10
•
•
•
shall be submitted in writing to the Weld County Department of Planning Services.
(Department of Planning Services)
J. The applicant shall attempt to address the requirements (concerns) of the Windsor —
Severance Fire Protection District, as stated in the referral response dated 8/4/08.
Evidence of such shall be submitted in writing to the Weld County Department of
Planning Services. (Windsor — Severance Fire Protection District)
K. The applicant shall address the requirements (concerns) of Weld County Department of
Public Works, as stated in the referral response dated 8/14/08. Evidence of such shall be
submitted in writing to the Weld County Department of Planning Services. (Department
of Public Works)
L. The applicant shall contact the Colorado Department of Transportation regarding the
existing and future right-of-way of State Highway 392 and provide written evidence of
such to the Weld County Department of Planning Services. (Department of Planning
Services)
M. The plat shall be amended to delineate the following:
1. The attached Development Standards. (Department of Planning Services)
2. All plats shall be labeled USR-1667. (Department of Planning Services)
3. The approved Landscape/Screening Plan. (Department of Planning Services)
4. The approved Signage Plan. (Department of Planning Services)
5. The plat shall be in compliance with Section 23-2-260.D of the Weld County
Code. (Department of Planning Services)
6. All outdoor storage of material, equipment and parking areas shall be screened
from public rights of way and adjacent property owners. (Department of Planning
Services)
7. All recorded easements shall be shown on the plat. (Department of Planning
Services)
8. The access onto State Highway 392 shall be at a right angle. (Department of
Public Works)
9. State Highway 392 right-of-way shall be delineated on the plat as approved by
the Colorado Department of Transportation. The applicant shall verify the existing
right-of-way and the documents creating the right-of-way. (Department of
Planning Services)
10. The off street parking spaces including the access drive shall be surfaced with
gravel, asphalt, or the equivalent and shall be graded to prevent drainage
problems. (Department of Public Works)
9. The Department of Planning Services has determined from the application
materials that thirty seven (37) parking spaces and one (1) ADA parking space
will be required on site. Each parking space should be equipped with wheel
USR-1667 Brinkman Page 5 of 10
•
•
•
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)
10. Areas used for storage or trash collection shall be screened from adjacent public
rights -of -way and all adjacent properties. These areas shall be designed and
used in a manner that will prevent wind or animal scattered trash. (Department
of Planning Services)
11. The applicant shall address the issue of on -site lighting, including security lighting
if applicable. (Department of Planning Services)
12. If applicable, the water quality features per the Weld County Department of
Public Works approval. (Department of Public Works)
M. The applicant shall submit two (2) 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. 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(@co.weld.co.us. (Department of Planning Services)
4. 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)
5. In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005, 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.
6. Prior to Building permits:
A. A building permit shall be obtained prior to the change of use, or construction of any new
structures
B. A plan review is required for each building for which a building permit is required. Two
complete sets of plans are required when applying for each permit. Include a Code Analysis
Data sheet provided by the Weld County Building Department with each Building permits
Submittal plans shall include a floor plan showing the specific uses of each area for the
building. The Occupancy Classification will be determined by Chapter 3 of the 2006
International Building Code. The plans shall also include the design for fire separation and
occupancy separation walls, when required by Chapter 5 and 7 of the 2006 International
USR-1667 Brinkman Page 6 of 10
•
•
•
Building Code. Fire Protection shall conform to Chapter 9 and exiting requirements by
Chapter 10.
C. Buildings shall conform to the requirements of the various codes adopted at the time of permit
application. Currently the following has been adopted by Weld County: 2006 International
Building Code; 2006 International Mechanical Code; 2006 International Plumbing Code; 2006
International Fuel Gas Code; and the 2008 National Electrical Code and Chapter 29 of the
Weld County Code.
D. All building plans shall be submitted to Windsor/Severance Fire District Fire District for review
and approval prior to issue of Building Permits.
USR-1667 Brinkman Page 7 of 10
•
•
•
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Mark Brinkman
USR-1667
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
(Landscaping Company) in the A (Agricultural) Zone District and subject to the Development
Standards stated hereon. (Department of Planning Services)
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the
Weld County Code. (Department of Planning Services)
3. The Special Use Permit shall not be transferable to any successors in interest to the
prescribed property and shall terminate automatically upon conveyance or lease of the
property to others for operation of the facility. (Department of Planning Services)
4. Hours of operation shall be from 7:30am to 4:30pm Monday through Friday. (Department of
Planning Services)
5. The site shall be limited to no more than thirty five (35) employees on site. (Department of
Planning Services)
6. 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)
7. 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)
8. 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)
9. The applicant shall operate in accordance with the approved "waste handling plan".
(Department of Public Health and Environment)
10. 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)
11. This facility shall adhere to the maximum permissible noise levels allowed in the Residential
Zone as delineated in 25-12-103 C.R.S., as amended. (Department of Public Health and
Environment)
12. Adequate handwashing and toilet facilities shall be provided for employees and patrons of the
facility, at all times. (Department of Public Health and Environment)
USR-1667 Brinkman Page 8 of 10
•
•
•
13. Sewage disposal for the facility shall be by septic system, permit # G19949016. Any septic
system located on the property must comply with all provisions of the Weld County Code,
pertaining to Individual Sewage Disposal Systems. (Department of Public Health and
Environment)
14. The facility shall utilize the existing public water supply, (North Weld County Water District).
(Department of Public Health and Environment)
15. All pesticides, fertilizer, and other potentially hazardous chemicals must be stored and
handled in a safe manner in accordance with product labeling and in a manner that minimizes
the release of hazardous air pollutants (HAP's) and volatile organic compounds (VOC's).
(Department of Public Health and Environment)
16. Any vehicle washing area(s) 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)
17. The operation shall comply with all applicable rules and regulations of the State and Federal
agencies and the Weld County Code. (Department of Public Health and Environment)
18. Effective January 1, 2003, Building Permits issued on the proposed lots 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)
20. The landscaping on site shall be maintained in accordance with the approved Landscape and
Screening Plan. (Department of Planning Services)
21. 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 Planning Services)
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 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)
24. The property owner or operator shall be responsible for complying with the Design Standards
of Section 23-2-240, Weld County Code.
25. The property owner or operator shall be responsible for complying with the Operation
USR-1667 Brinkman Page 9 of 10
•
•
•
Standards of Section 23-2-250, Weld County Code.
26. Personnel from Weld County Government shall be granted access onto the property at any
reasonable time in order to ensure the activities carried out on the property comply with the
Development Standards stated herein and all applicable Weld County regulations.
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.
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.
USR-1667 Brinkman Page 10 of 10
• ,*)cfir.
COLORADO
•
•
January 14, 2009
DEPARTMENT OF PLANNING SERVICES
SOUTHWEST OFFICE
4209 CR 24.5
LONGMONT, CO 80504
PHONE: (720) 652-4210, Ext. 8730
FAX: (720) 652-4211
Mark Brinkman
do Artie Geisick
12128Av
Greeley CO 80631
Subject: USR-1667- 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 Districts
(landscaping company) in the A (Agricultural) Zone District on a parcel of land described as Part NW4
Section 22, T6N, R67W of the 6th P.M., Weld County, Colorado.
Dear Applicant:
I have scheduled a meeting with the Board of County Commissioners on January 21, 2009, at 1:30 p.m. This meeting
will take place in the Chambers of the Board of County Commissioners, Weld County Centennial Center, 915 10th Street,
First Floor, Greeley, Colorado. It is recommended that you and/or a representative be in attendance to answer any
questions the Planning Commission members or Board of County Commissioners may have.
Colorado Revised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01-1088) requires notification of all mineral estate
owners 30 days prior to any public hearing. The applicant has provided the Weld County Planning Department with
written certification indicating the above requirements have 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.
If you have any questions concerning this matter, please call.
Respectfully, ,,�'
Michelle Martin v
Planner
•
•
0)che
lURe
COLORADO
November 21, 2008
DEPARTMENT OF PLANNING SERVICES
SOUTHWEST OFFICE
4209 CR 24.5
LONGMONT, CO 80504
PHONE: (720) 652-4210, Ext. 8730
FAX: (720) 652-4211
Mark Brinkman
do Artie Geisick
12128Av
Greeley CO 80631
Subject: USR-1667- 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 Districts
(landscaping company) in the A (Agricultural) Zone District on a parcel of land described as Part NW4
Section 22, T6N, R67W of the 6th P.M., Weld County, Colorado.
Dear Applicant:
I have scheduled a meeting with the Weld County Planning Commission on January 6, 2009, at 1:30 p.m. This meeting
will take place in the Hearing Room, North Weld Planning Department, 918 10th Street, Greeley, Colorado. A subsequent
hearing will be held on January 14, 2009 at 10:00 a.m., in the Chambers of the Board of County Commissioners, Weld
County Centennial Center, 915 10h 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 has provided the Weld County Planning Department with
written certification indicating the above requirements have 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 prior to the scheduled Planning Commission Hearing.
If you have any questions concerning this matter, please call.
Respectfully,
Michelle Martin
Planner
W
July 23, 2008
•
•
DEPARTMENT OF PLANNING SERVICES
SOUTHWEST OFFICE
4209 CR 24.5
LONGMONT, CO 80504
PHONE: (720) 652-4210, Ext. 8730
FAX: (720) 652-4211
Mark Brinkman
c/o Artie Geisick
12128Av
Greeley CO 80631
Subject: USR-1667 - Request 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, (Landscaping Company) in the A (Agricultural) Zone
District on a parcel of land described as Pt NW4 Section 22, T6N, R67W of the 6th P.M., Weld
County, Colorado.
Dear Applicants:
Your application and related materials for the request described above are being processed. I will
schedule a meeting with you to discuss the referrals after we have been 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 Greeley, Severance, and
Windsor Planning Commission for their review and comments. Please call Greeley at 970-350-9770,
Severance at 970-686-1218, and Windsor at 970-686-7476 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
Greeley, Severance, and Windsor 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,
Michelle
Planner
•
•
PLANNING COMMISSIONERS' SIGN POSTING CERTIFICATE
THE LAST DAY TO POST THE SIGN IS 12/11/08 THE SIGN SHALL BE POSTED ADJACENT
TO AND VISIBLE FROM A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY. IN THE
EVENT THE PROPERTY BEING CONSIDERED FOR A SPECIAL REVIEW IS NOT
ADJACENT TO A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY, THE DEPARTMENT
OF PLANNING SERVICES SHALL POST ONE SIGN IN THE MOST PROMINENT PLACE ON
THE PROPERTY AND POST A SECOND SIGN AT THE POINT AT WHICH THE DRIVEWAY
(ACCESS DRIVE) INTERSECTS A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY.
I, Michelle Martin, HEREBY CERTIFY UNDER PENALTIES OF PERJURY THAT THE SIGN
WAS POSTED ON THE PROPERTY AT LEAST 10 DAYS BEFORE THE PLANNING
COMMISSIONERS HEARING FOR USR-1667 IN THE A (AGRICULTURAL) ZONE
DISTRICT.
STATE OF COLORADO
) ss.
COUNTY OF WELD
Michelle Martin
Name of Person Posting
The foregoing instrument was subscribed and sworn to me this I day of
WITNESS my hand and official seal.
Notary Public
My Commission Expires: (('O2q&O
My rnmmissian Htser. ? 2P 7009
DEBRA \
BR0DHEAD t
Signature of Person Posting Sign
h -e -C ra-Ser—, 2008.
•
RICI-
CD
Z:(Nj
r.
CD
405
I
1
C1-5
I
a
WELD COUNTY
•
Applicant Meeting
SATE: 9/4/08
CASE NUMBER: USR-1667
TYPE OF APPLICATION: 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, (Landscaping Company) in the A (Agricultural) Zone District
LEGAL DESCRIPTION: Pt. NW4 Section 22, T6N, R67W of the 6th P.M., Weld County, CO
PROPERTY OWNER: Mark Brinkman
PARCEL NUMBER: 0807 22 000014
REVIEW:
Artie Geisick and I met in the Greeley planning office to review the referrals regarding the case described
above. From the referrals received it was determined that the following items needed to be addressed.
A. Changes to the plat:
1. The existing ROW for State Hwy 392 needs to be show on the plat along with the recording information.
2. 36 parking stalls including one ADA space and loading areas
3. Screening/landscaping
4. The property line needs to be bolder
5. All recorded easements
6. The location and size of any and all signs
7. The location and type of any and all outside lighting
8. The location of the trash dumpster
9. The access onto State Hwy 392 shall be at a right angle
10. Show the type of surface for parking lots and driveways.
11. The plat shall adhere to Section 23-2-260. D of the Weld County Code
B. Contact the Windsor -Severance Fire Protection district regarding their referral dated 8/4/08
C. Contact the Town of Severance regarding their referral dated 8/18/08
D. Contact the City of Greeley regarding their referral dated 8/13/08
E. Contact the Town of Windsor regarding their referral dated 8/20/08
F. Contact the Building Dept regarding a change of use for the existing buildings.
G. Contact the Weld County Public Works department regarding their referral dated 8/14/08 especially
condition 7 (water quality)
H. Contact the Weld County Health Dept regarding their referral dated 8/27/08 especially the conditions prior
to recording the plat 1-5.
I. The applicant shall clarify the hours of operation for the businesses throughout the year.
Weld County Department of Planning Services
reeley Office — Longmont Office —
918 10 Street, Greeley CO 80631 4290 County Road 24.5, Longmont CO 80504
Phone: 970-353-6100 x3540 Phone: 720-652-4210 x8730
Fax: 970-304-6498 Fax: 720-652-4211
Page 1
WELD COUNTY
J. The applicant shall contact CDOT regarding the proposed sign along State Highway 392
K. A copy of an agreement with the mineral owners associated with the property or evidence that an adequate
attempt has been made to mitigate the concern of the mineral owners.
The Site is located within the urban growth boundary for the Town of Windsor and therefore the urban growth
goals and policies of the Comprehensive Plan apply to this application in addition to other goals and policies in
the Comp plan. Section 22-2-110 of the Weld County Code addresses the Urban Growth Goals and Policies.
In the meeting we discussed UGB. Goal 3 and its associated policies as they apply to this case.
Evidence that the items listed above have been addressed shall be submitted to the Department of Planning
Services.
The applicant has asked for additional time before deciding if and how they would like to proceed. The
applicant has until October 13, 2008 to notify staff of their decision.
It is the applicants responsibility to be in compliance with State Statue 24-65.5-103 regarding mineral
notification. As discussed the applicant will be sending out the mineral notification 30 days prior to the
Planning Commission hearing.
Greeley Office —
918 10" Street, Greeley CO 80631
Phone: 970-353-6100 x3540
Fax: 970-304-6498
Weld County Department of Planning Services ,
Longmont Office —
4290 County Road 24.5, Longmont CO 80504
Phone: 720-652-4210 x8730
Fax: 720-652-4211
Page 2
Page 1 of 1
Michelle Martin
• From: Michelle Martin
Sent: Friday, October 10, 2008 7:45 AM
To: 'ageisick@aol.com'
Subject: USR-1667
Artie,
As discussed in our meeting yesterday Planning Commission will be set for January 6, 2009 therefore I will need
all correspondence and additional information by Nov 3, 2008. Let me know if you have any other questions.
Planner II
4209 CR 24.5
Longmont, CO 80504
mmartin@co.weld.co.us
PHONE: (720) 652-4210 x 8730
FAX: (720) 652-4211
•
•
10/10/2008
Michelle Martin
From:
•nt:
:
Subject:
Frank Piacentino
Friday, October 10, 2008 11:24 AM
foothilslandscape@comcast.net
Michelle Martin
USR 1667 Building requirement
Nate,
Per conversation yesterday;
Thanks you for the letter explaining the uses for the existing
application.
A change of use building permit will be required to change the
occupancy, to office building, B occupancy. The detached garage
compatible with the uses listed. At this time I do not find any
for these two structures. Building permits will be required for
also.
Please call with any questions.
Frank Piacentino
Plans Examiner
Weld County Builiding Inspection
720- 652-4210 ext.8736
4209 CR 24.5
Longmont Co.
•
•
structures in your USR
occupancy of the home, R-3
and metal building are
building permits listed
the two storage buildings
1
• •
Page 1 of 2
•
•
• Diana aungst.: UCP
Michelle Martin
From: Diana Aungst [daungst@windsorgov.com]
Sent: Friday, September 12, 2008 9:12 AM
To: Michelle Martin
Cc: Brad Mueller; Thomas Honn; Joe Plummer
Subject: Meeting notes RE: USR 1667 FLM
2:00 PM 9/10/08
In attendance: Nate and Shawn of FLM and the applicant's representative Artie Geisick; Staff: Joe
Plummer and Diana Aungst.
Mr. Plummer referenced the referral comments from the Planning Commission and stated that the
Windsor/Greeley/Severance IGA Referral Area, the East Main Street Corridor Plan and the Windsor -
Severance IGA all need to be reviewed concerning the type of development in this corridor.
Mr. Plummer asked if the applicant had considered annexing, and the applicant indicated that they did
not want to annex at this time.
Mr. Plummer stated that if the applicant wants to annex then the zoning there would be commercial and
the proposed use is not consistent with the requirements of the commercial zoning district or the East
Main Street Corridor Plan
Mr. Plummer pointed out that open storage and privacy fences are not consistent with the corridor plan
or the Windsor -Severance IGA as this property lies in the gateways to Windsor, Severance and Greeley.
The applicant stated that the county suggested that they sit down with the Windsor staff to iron out what
needed to be done to the site in order for the Town to send a favorable recommendation to the county.
Mr. Plummer advised the applicant that the Windsor Planning Commission has made its
recommendation and even though our staff is glad to answer questions concerning the corridor plan
requirements, our staff is not authorized or in the position of designing a site plan for an applicant but if
they were to submit a different site plan to Weld County, of course Windsor would look at any
subsequent site plan or proposal and review it on its merits.
The applicants asked what kind of development the Town is looking for and Mr. Plummer advised the
applicants that it has always been the vision on Windsor and Severance and now Greeley that the
Highway 392 corridor on the east side of Town should develop in a manner like the developments along
the West Main Street corridor such as the Safeway and King Soopers developments.
Ms. Aungst stated that the since the applicants' proposal is for outdoor storage of vehicles and
equipment, the proposed use is classified as a heavy industrial in the Town's zoning code.
The applicants left the meeting stating that they would continue to proceed through the County's review
process with their current site plan.
Diana
09/15/2008
• •
Page 1 of 2
•
•
•
Michelle Martin
From: Michelle Martin
Sent: Friday, September 05, 2008 10:31 AM
To: 'Diana Aungst'
Cc: Joe Plummer; Scott Ballstadt; Brad Mueller
Subject: RE: FLM - USR -1667 - Mark Brinkman
Hi Dianna,
I will make sure to inform you of all public hearings for case USR-1667. I spoke to the applicants yesterday and
they indicated they would like to meet with the Town of Windsor to discuss your referral. Could you please keep
me informed of those meetings, thanks.
Planner II
4209 CR 24.5
Longmont, CO 80504
mmartin@co.weld.co.us
PHONE: (720) 652-4210 x 8730
FAX: (720) 652-4211
From: Diana Aungst [mailto:daungst@windsorgov.com]
Sent: Friday, September 05, 2008 10:27 AM
To: Michelle Martin
Cc: Joe Plummer; Scott Ballstadt; Brad Mueller
Subject: FLM - USR - 1667 - Mark Brinkman
Hi Michelle,
Hope you are well.
I will be attending the BOCC meetings for this USR. Please add my email to the notification list for all
meetings concerning this project.
Please reply to this email so I can file it as a confirmation.
Thank you very much,
Diana
Diana Aungst, AICP
Associate Planner
Town of Windsor
P: 970-674-2410
F: 970-686-7180
daungst@windsorgov.com
Visit our new website: www.windsorgov.com
09/05/2008
• •
Page 1 of 2
Michelle Martin
• From: Michelle Martin
Sent: Thursday, August 21, 2008 3:44 PM
To: 'N. Zach Ratkai'
Cc: Kristine Ranslem
Subject: RE: Brinkman, USR 1667.
N. Zach Ratkai,
A hearing date has not been set at this time but we will notify you when and where the hearing will be. Let me
know when you have any other questions.
•
•
,,ea dietan
Planner II
4209 CR 24.5
Longmont, CO 80504
mmartin@co.weld.co.us
PHONE: (720) 652-4210 x 8730
FAX: (720) 652-4211
From: N. Zach Ratkai [mailto:planning@townofseverance.org]
Sent: Thursday, August 21, 2008 11:06 AM
To: Michelle Martin
Subject: RE: Brinkman, USR 1667.
Michelle,
When are the public hearings for this item? I would like to be included in the notice.
Thanks,
N. Zach Ratkai
Town of Severance
Original Message
From: Michelle Martin [mailto:mmartin@co.weld.co.us]
Sent: Tuesday, August 19, 2008 4:16 PM
To: N. Zach Ratkai
Subject: RE: Brinkman, USR 1667.
Thanks I have included the information in the file and I have also sent the information to the
applicant.
Planner II
4209 CR 24.5
Longmont. CO 80504
mmartin@co.weld.co.us
08/21/2008
• •
Page 2 of 2
PHONE: (720) 652-4210 x 8730
FAX: (720) 652-4211
From: N. Zach Ratkai [mailto:planning@townofseverance.org]
Sent: Tuesday, August 19, 2008 2:34 PM
To: mkatyrynuik@co.weld.co.us; Michelle Martin
Subject: Brinkman, USR 1667.
Ms. Martin:
On July 29, 2008, I replied to the aforementioned Weld County referral that the Town of
Severance had no comment as this proposal exists outside of the Severance Growth Management
Area (GMA). However, upon further investigation, I am attaching the following letter for your
review and addition to the application file.
Regards,
N. Zach Ratkai
Assistant Town Planner
Town of Severance, Colorado
(970) 686-1218 x305
www.townotheverance.org
08/21/2008
• FIELD CHECK
•
•
inspection date: 12/11/08
Case Number: USR-1667
Applicant: Mark Brinkman
Situs Address: 9500 State Highway 392, Windsor CO 80550
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 (Landscaping Company) in the A (Agricultural) Zone District.
Legal Description: Part of NW4 of Section 22, T6N, R67W of the 6th P.M., Weld County, CO.
Location: South of and adjacent to State Highway 392 and approximately 1/2 mile West of
County Road 21
Size of Parcel: 4.58 +/- acres
Zoning
Land Use
N
A (Agricultural)
N
Agricultural / USR-1497
E
A (Agricultural)
E
Agricultural
S
A (Agricultural)
S
Agricultural
W
A (Agricultural)
W
Agricultural
COMMENTS:
One house is located on the property wi
site from State •2. T;e prope
Michelle Martin, Planner
le of outbuildings. There is one access to the
ntly being utilized as residential.
Hello