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HomeMy WebLinkAbout20091634.tiffINVENTORY OF ITEMS FOR CONSIDERATION • v Applicant Jay & Sherrie Woods Case Number USR-1651 Submitted or Prepared At Hearing Prior to Hearing PC Resolution 1 Staff Comments X Department of Planning Services Field Check Form X Planning Commissioner Field Check Form Letter to Applicant X 2 Legal Notifications X 3 Application X 4 Referral List X Referrals without comment X Colorado Division of Wildlife referral received 2/8/2008 X 5 Referrals with comments X Department of Public Works referral received 2/28/2008 (2 pages) X Department of Public Health and Environment referral received 3/6/2008 (4 pages) X City of Greeley referral received 2/29/2008 (5 pages) X Weld County Zoning Compliance referral received 2/5/2008 (2 pages) X Weld County Building Inspection referral received 3/10/2008 X Union Colony Fire District referral received 2/12/2008 (2 pages) X Weld County Sheriffs Office referral received 2/22/2008 (2 pages) X Colorado Department of Transportation e-mail referral received 2/5/2008 X Weld County Department of Planning Services referral received 2/1/2008 X West Greeley Soil Conservation District referral received 2/5/2008 (3 pages) X Colorado Division of Water Resources referral received 3/6/2008 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 E-mail from Brandon Gossard — City of Greeley received 3/20/2008 X 11.B E-mail from Brandon Gossard — City of Greeley received 3/31/2008 X 11.C E-mail from Roxanne Keeth — City of Greeley receiv • Sewer Service Standards attachment (8 pages) EXHIBIT X 2009-1634 N • V • • 11.D E-mail from Jay Woods dated 7/6/2009 x 11.E Memo to Planning Commissioners dated 6/29/2009 x 11.F Letter from Brandon Gossard — City of Greeley dated 7/7/2009 x 11.G Affidavit of sign posting (iitd 4,.x;1,-,.. x S I hereby certify that the twenty-two items identified herein were submitted to the Department of Planningservices at or prior to the scheduled Planning Commissioners hearing. Chris Gathman Planner • • • 111k COLORADO Case Number: USR-1651 LAND USE APPLICATION SUMMARY SHEET Hearing Date: July 7, 2009 (Previously continued 4/1/2008, 6/3/2008, 9/2/2008, 11/4/2008, 5/5/2009) Applicant: Jay & Sherrie Woods Address: 2500 W. F Street, Greeley, CO. 80631 Request: A Site Specific Development Plan and a 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, (Lawn Tree and Care business) provided that the property is not a Lot in an approved or recorded subdivision plat or lots parts of a map or plan filed prior to adoption of any regulations controlling subdivisions in the A (Agricultural) Zone District Legal Description: Part of the SW4SE4 of Section 36, Township 6 North, Range 66 West of the 6th P.M., Weld County, Colorado Location: South of and adjacent to "F" Street and 1/8 mile west of "C" Street Size of Parcel: 2.5 acres +/- Parcel #: 0805 35 400039 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 Department of Public Health and Environment, referral received 2/28/2008 Weld County Department of Public Works, referral received 3/6/2008 Weld County Zoning Compliance, referral received 2/5/2008 Weld County Department of Building Inspection, referral received 3/10/2008 Weld County Sheriffs Office, referral received 2/22/2008 Weld County Department of Planning Services, Landscape referral received 2/1/2008 Union Colony Fire Protection District, referral received 2/12/2008 West Greeley Soil Conservation District, referral received 2/5/2008 Colorado Department of Transportation, e-mail referral received 2/5/2008 City of Greeley, referral received 2/29/2008 Colorado Division of Water Resources, referral received 3/6/2008 USR-1651 — Woods I EXHIBIT 1 • • • The Department of Planning Services' has not received responses from the following agencies: • Weld County School District RE -6 • Colorado Division of Wildlife USR-1651 — Woods 2 • • • fstrig Wfi�PG COLORADO SPECIAL REVIEW PERMIT ADMINISTRATIVE REVIEW Planner: C. Gathman Case Number: USR-1651 Hearing Date: July 7, 2009 Applicant: Jay & Sherrie Woods Address: 2500 W. F Street, Greeley, CO. 80631 Request: A Site Specific Development Plan and a 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, (Lawn Tree and Care business) provided that the property is not a Lot in an approved or recorded subdivision plat or lots parts of a map or plan filed prior to adoption of any regulations controlling subdivisions in the A (Agricultural) Zone District Legal Description: Part of the SW4SE4 of Section 36, Township 6 North, Range 66 West of the 6th P.M., Weld County, Colorado Location: South of and adjacent to "F" Street and 1/8 mile west of "C" Street Parcel Size: +/- 2.5 acres Parcel Number 0805 35 400039 SUMMARY: This case began as a zoning violation (violation # VI -0400132) for operating a lawn and tree care business in the R-1 (Low Density Residential) zone district. The violation case was originally brought before the Board of County Commissioners on August 9, 2005. The applicants were directed to apply for a change of zone application to Agriculture to address correcting the violation because commercial businesses are not allowed (as a use by right or as a special use permit) in the R-1 Zone District. CZ -1104 was approved by the Board of County Commissioners on February 15, 2006. The applicants are now applying to correct the violation through a Use by Special Review Permit to allow a commercial business to operate in the Agricultural Zone District. 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: USR-1651 — Woods 3 • • • 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 22-2-20.G2 A.Policy 7.2. "Conversion of agricultural land to nonurban residential, commercial, and industrial uses should be accommodated when the subject site is in an area that can support such development, and should attempt to be compatible with the region." The parcel is only 2.5 acres in size and is located within the 100 -year floodplain which makes it impractical for farming. Though the existing site is presently considered non -urban (it is presently connected to an individual sewage disposal system), the site is located within 400 -feet of an existing sewer line. Any required expansion, upgrade, permitting or re -permitting of individual sewage disposal system(s) on -site requires the applicant to connect to the City of Greeley sewer system per Chapter 30 of the Weld County Code. The attached development standards and conditions of approval ensure that this development will be compatible with the surrounding area. B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A (Agricultural) Zone District. Section 23-2-20.R of the Weld County Code provides for any use permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the Commercial or Industrial zone districts, provided that the property is not a Lot in an approved or recorded subdivision plat or lots parts of a map or plan filed prior to adoption of any regulations controlling subdivisions in the A (Agricultural) Zone District. C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing surrounding land uses. The site is adjacent to the City of Greeley municipal boundaries (vacant land) to the west, a single-family residence to the west (zoned R-1 residential), two single-family residences to the north and west (zoned R-1 residential), and an industrial operation (zoned I-3 Industrial) to the northeast. Railroad tracks and single-family residences located within the City of Greeley are located to the south. The attached development standards and conditions of approval will ensure that the use is compatible with the existing surrounding land uses. The Department of Planning Services is requiring a screening plan be submitted as a condition of approval. 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. Section 22-2-40.C UD.Goal 3. states: "Until Intergovernmental Agreements are in place with a particular municipality, define a standard County Urban Growth Boundary as a one -quarter -mile perimeter around the municipal limits that are currently physically served by central sewer (whether by the municipality or other recognized agencies)." The property is located within the urban growth boundary of the City of Greeley. Section 22-2-40.E.1 of the Weld County Code states the following criteria shall be considered when considering an application in an urban growth boundary area: UD.Policy 5.1.The County may consider approving a land use development within an urban growth boundary area if all of the following criteria are met: The adjacent municipality does not consent to annex the land or property in a timely manner, or annexation is not legally possible. USR-1651 — Woods 4 • • • The proposed development, including public facility and service provision, is consistent with other urban -type uses and conforms to County regulations. The proposed urban development attempts to be compatible with the adjacent municipality's comprehensive plan (though it may not necessarily conform to it). The City of Greeley, in their referral dated February 29, 2008 and letter dated March 20, 2008, states that it would be more appropriate for the applicant to annex and develop within the City of Greeley. However, in its current state, any annexation would have to be petitioned by the property owner. The City of Greeley also indicated that the proposed use would be required to locate in the Commercial High Intensity (C -I -I), Industrial Low Intensity (I -L), or Industrial Medium Intensity (I -M) zone. The adjacent property to the west was recently annexed into Greeley and zoned Industrial Medium Intensity (I -M). E. Section 23-2-220.A.5 -- The application complies with Section 23-5 of the Weld County Code. The USR area is in a Special Flood Hazard Area (SFHA) as determined by a study from the US Army Corp of Engineers/City of Greeley study. Per Code of Federal Regulation Title 44, Section 59.1 development is defined as "any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials." A flood hazard development permit will be required to be submitted and approved for any development in the Special Flood Hazard Area (SFHA). Effective January 1, 2003, Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County Road Impact Program. (Ordinance 2002-11) Effective August 1, 2005, Building permits issued on the subject site will be required to adhere to the fee structure of the Capital Expansion Impact Fee and the Stormwater/Drainage Impact Fee. (Ordinance 2005-8 Section 5-8-40) F. Section 23-2-220.A.6 -- The applicant has demonstrated a diligent effort to conserve prime agricultural land in the locational decision for the proposed use. The property is only 2.5 acres in size and has an existing residence/office and shop buildings. The property is too small to be considered viable for farming. G. 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. 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. All sheets of the plat shall be labeled USR-1651. (Department of Planning Services) USR-1651 — Woods 5 • • • B. The plat shall be amended to delineate the following: 1. All sheets of the plat shall be labeled USR-1651. (Department of Planning Services) 2. The attached Development Standards. (Department of Planning Services) 3. The approved screening plan. (Department of Planning Services) 4. C and F Streets are collector roads and require an 80 -foot right-of-way at full build out. There is presently a 60 -foot right-of-way. 40 -feet from the centerlines of C and F streets shall be indicated as edge of future right-of-way. These roads are maintained by Weld County. Pursuant to the definition of SETBACK in the Weld County Zoning (23-1-90), the required setback is measured from the future right-of-way line. (Department of Public Works) C. The applicant shall submit a dust abatement plan, to address parking area and dust pile concerns, for review and approval, to the Environmental Health Services, Weld County Department of Public Health & Environment. Written evidence of Department of Public Health and Environment approval shall be provided to the Department of Planning Services. (Department of Public Health & Environment) D. 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. Written evidence of Department of Public Health and Environment approval shall be provided to the Department of Planning Services. (Department of Public Health & Environment) E. 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. Written evidence of such shall be provided to the Department of Planning Services. (Department of Public Health & Environment) F. The applicant shall submit a waste handling plan, for approval, to the Environmental Health Services Division of the Weld County Department of Public Health & Environment. The plan shall include at a minimum, the following: 1) A list of wastes which are expected to be generated on site (this should include expected volumes and types of waste generated). 2) A list of the type and volume of chemicals 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) Evidence of Department of Public Health and Environment approval shall be submitted USR-1651— Woods 6 • • • to the Department of Planning Services. (Department of Public Health & Environment) G. The applicant shall address the requirements of the Department of Planning Services as stated in the landscape referral dated February 1, 2008. Written evidence of such shall be provided to the Department of Planning Services. (Department of Planning Services) H. The applicant shall address the recommendations of the Weld County Sheriff's Office as stated in their referral dated February 22, 2008. Written evidence of such shall be provided to the Department of Planning Services. (Weld County Sheriffs) The applicant shall attempt to address the recommendations/requirements of the City of Greeley as stated in the referral dated February 29, 2008 and letter dated March 20, 2008. Written evidence of such shall be provided to the Department of Planning Services. (City of Greeley) J. The applicant shall address the requirements of the Department of Public Works as stated in their referral dated February 28, 2008. Written evidence of such shall be provided to the Department of Planning Services. (Department of Public Works) K. The 2 existing pole frame buildings are currently permitted as private storage buildings and will require a change of use permit for the new use. The office area in the existing residence will require a building permit and will need to comply with chapter 34 of the International Building Code as well as have an accessible entrance. The applicant shall provide a letter of approval from the Union Colony Fire Protection District prior to applying for building permits. Evidence that these building permits have been applied for shall be provided to the Department of Planning Services. (Department of Building Inspection) L. The applicant shall submit a Screening Plan for review and approval by the Department of Planning Services. (Department of Planning Services) M. The applicant shall enter into an Improvements Agreement according to policy regarding collateral for improvements and post adequate collateral for all required improvements. The improvements agreement will not be needed if the necessary improvements are done to the satisfaction of the Department of Public Works and the Department of Planning Services. (Department of Planning Services) N. 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. One month Prior to Construction Activities: A. The applicant shall submit evidence of a Colorado Discharge Permit System or CDPS permit from the Colorado Department of Public Health and Environment (CDPH&E), Water Quality Control Division, to cover stormwater discharges from construction sites (5 CCR-1002-61) Alternately, the applicant can provide evidence from CDPH&E that they are not subject to the CDPS requirements. (Department of Public Health & Environment) 3. Prior to Certificate of Occupancy: A. If an individual sewage disposal system is installed for the proposed shop it shall be installed according to the Weld County Individual Sewage Disposal Regulations. (Department of Public Health & Environment) USR-1651 — Woods 7 • • • B. The septic system for the proposed shop, if the shop is utilized as part of the business, is required to be designed by a Colorado Registered Professional Engineer according to the Weld County Individual Sewage Disposal Regulations. (Department of Public Health & Environment) C. There shall be no washing of vehicles on the site unless a facility is constructed to 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 & Environment) 4. 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) 5. 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(a.co.weld.co.us. (Department of Planning Services) 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-1651 — Woods 8 • • • SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Jay & Sherrie Woods USR-1651 1. The Site Specific Development Plan and Special Use Permit is 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, (Lawn Tree and Care business) provided that the property is not a Lot in an approved or recorded subdivision plat or lots parts of a map or plan filed prior to adoption of any regulations controlling subdivisions 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 operation shall be limited to ten (10) vehicles and a twenty -foot (20) foot trailer (2 ranger pickups and eight (8) one ton trucks). (Department of Planning Services) 4. Hours of operation shall be from 7:00 AM to 6:00 PM Monday through Friday during the months of July through March and 7:00 AM to 6:00 PM Monday through Saturday. (Department of Planning Services) 5. All outdoor storage and vehicle parking shall be screened from adjacent properties by an opaque privacy fence. Outdoor storage shall not extend above the top of the privacy fence. (Department of Planning Services) 6. Employees shall be limited to a total of twenty-four (24). (Department of Planning Services) 7. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30- 20-100.5, C.R.S.) shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. (Department of Public Health and Environment) 8. 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. (Department of Public Health and Environment) 9. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. (Department of Public Health and Environment) 10. The facility shall operate in accordance with the approved "waste handling plan". (Department of Public Health and Environment) 11. 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) USR-1651 — Woods 9 • 12. The facility shall have sufficient equipment available to implement dust control as required by the Weld County Department of Public Health and Environment. (Department of Public Health and Environment) 13. The facility shall adhere to the maximum permissible noise levels allowed in the Residential Zone as delineated in 25-12-103, C.R.S. (Department of Public Health and Environment) 14. Adequate handwashing & toilet facilities shall be provided for the employees and patrons of the facility, at all times. (Department of Public Health and Environment) 15. Sewage disposal for the facility shall be by septic system. Any septic system located on the property must comply with all provisions of the Weld County Code, pertaining to Individual Sewage Disposal Systems. (Department of Public Health and Environment) 16. The facility shall utilize the existing public water supply (City of Greeley). (Department of Public Health and Environment) 17. 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) 18. 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) 19. Building permits shall be obtained prior to the construction of any new building. Buildings may require an engineered foundation based on a site -specific geotechnical report or an open hole inspection performed by a Colorado registered engineer. Engineered foundations shall be designed by a Colorado registered engineer. (Department of Building Inspection) 20. Buildings shall conform to the requirements of the codes adopted by Weld County at the time of permit application. (Department of Building Inspection) 21. Fire resistance of walls and openings, construction requirements, maximum building height and allowable areas will be reviewed at the plan review. Setback and offset distances shall be determined by the Zoning Ordinance. (Department of Building Inspection) 22. A letter of approval from Union Colony Protection District shall be provided to the Department of Building Inspection prior to applying for any building permits. (Department of Building Inspection) 23. 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) 24. 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) 25. The applicant must take into consideration storm water quantity capture and provide accordingly for best management practices. (Department of Public Works) • USR-165 1 — Woods 10 • 26. Direct access from a public road will be limited to one (1) per legal parcel, except as further limited or restricted by zoning or subdivision regulations. Additional accesses may be approved by the Department of Public Works or the Board of County Commissioners. This policy shall apply to all new and existing accesses within the unincorporated areas of the County. Properties within municipalities or other counties which access County roads are subject to this policy. (Department of Public Works) 27. A Flood Hazard Development Permit will be required for any development on the site. Per Code of Federal Regulation Title 44, Section 59.1 development is defined as "any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials." (Department of Planning Services) 28. The screening on site shall be maintained in accordance with the approved Screening Plan. (Department of Planning Services) 29. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240, Weld County Code. 30. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250, Weld County Code. 31. 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. 32. 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 & Environment) 33. 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. 34. 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-1651 — Woods 11 • • ,049; III1De COLORADO January 28, 2008 DEPARTMENT OF PLANNING SERVICES NORTH OFFICE 918 10TH Street GREELEY, CO 80631 PHONE: (970) 353-6100, Ext. 3540 FAX: (970) 304-6498 Jay & Sherrie Woods 2040 Fairway Ln Greeley CO 80634 Subject: USR-1651- Request for a Site Specific Development Plan and Special Use Permit for any use permitted as a Use by Right, an ACCESSORY USE, or a Use by Special Review in the COMMERCIAL or Industrial Zone Districts, (Lawn Tree and Care Business) provided that the property is not a Lot in an approved or recorded subdivision plat or lots parts of a map or plan filed prior to adoption of any regulations controlling subdivision and One (1) SINGLE-FAMILY DWELLING UNIT per LOT other than those permitted under Section 23-3-20.A (addition of future single-family home) in the A (Agricultural) Zone District on a parcel of land described as Part of the SW4SE4 of Section 36, T6N, R66W of the 6th P.M., Weld County, Colorado. Dear Applicants: Your application and related materials for the request described above are being processed. I have scheduled a meeting with the Weld County Planning Commission for April 1, 2008, at 1:30 p.m. This meeting will take place in the Hearing Room, Weld County Planning Department, 918 10th Street, Greeley, Colorado. It is recommended that you and/or a representative be in attendance to answer any questions the Planning Commission members may have. It is the applicant's responsibility to comply with state statutes regarding notice to mineral estate owners. 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 shall provide the Weld County Planning Department with written certification indicating the above requirements have been met. 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 Planning Commission for their review and comments. Please call Greeley at 970-350-9770 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 Planning Commission meeting to answer any questions the Commission members may have with respect to your application. 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. This recommendation will be available twenty-four (24) hours before the scheduled hearing. It is the responsibility of the applicant to call the Department of Planning Services' office before the Planning Commission hearing to make arrangements to obtain the recommendation. If you have any questions concerning this matter, please call. Respectfully, Chris Gathman Planner II • • DEPARTMEIIIOF PLANNING SERVICES NORTH OFFICE 918 10T" Street GREELEY, CO 80631 PHONE: (970) 353-6100, Ext. 3540 FAX: (970) 304-6498 January 28, 2008 Jay & Sherrie Woods 2040 Fairway Ln Greeley CO 80634 Subject: USR-1651- Request for a Site Specific Development Plan and Special Use Permit for any use permitted as a Use by Right, an ACCESSORY USE, or a Use by Special Review in the COMMERCIAL or Industrial Zone Districts, (Lawn Tree and Care Business) provided that the property is not a Lot in an approved or recorded subdivision plat or lots parts of a map or plan filed prior to adoption of any regulations controlling subdivision and One (1) SINGLE-FAMILY DWELLING UNIT per LOT other than those permitted under Section 23-3-20.A (addition of future single-family home) in the A (Agricultural) Zone District on a parcel of land described as Part of the SW4SE4 of Section 36, T6N, R66W of the 6th P.M., Weld County, Colorado. Dear Applicants: Your application and related materials for the request described above are being processed. I have scheduled a meeting with the Weld County Planning Commission for April 1, 2008, at 1:30 p.m. This meeting will take place in the Hearing Room, Weld County Planning Department, 918 10'" Street, Greeley, Colorado. It is recommended that you and/or a representative be in attendance to answer any questions the Planning Commission members may have. It is the applicant's responsibility to comply with state statutes regarding notice to mineral estate owners. 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 shall provide the Weld County Planning Department with written certification indicating the above requirements have been met. 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 Planning Commission for their review and comments. Please call Greeley at 970-350-9770 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 Planning Commission meeting to answer any questions the Commission members may have with respect to your application. 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. This recommendation will be available twenty-four (24) hours before the scheduled hearing. It is the responsibility of the applicant to call the Department of Planning Services' office before the Planning Commission hearing to make arrangements to obtain the recommendation. If you have any questions concerning this matter, please call. Respectfully, Roger Caruso Planner • • • PLANNING COMMISSIONERS' SIGN POSTING CERTIFICATE THE LAST DAY TO POST THE SIGN IS June 27, 2009. THE SIGN SHALL BE POSTED ADJACENT TO AND VISIBLE FROM A PUBLICLY 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, CHRIS GATHMAN, 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-1651 IN THE A (AGRICULTURAL) ZONE DISTRICT. STATE OF COLORADO ) ss. The foregoing instrument was subscribed and sworn to me this ! day of Ju t,LJ , 2009. WITNESS my hand and official seal. COUNTY OF WELD CHRIS GATHMAN Name of Person Posting Sign y Signature of Person Posting Sign C(UL ;- -)C617\ Notary Public My Commission Expires: /019Q1I0 d BILLIE J. MOORE NOTARY PUBLIC STATE OF COLORADO • 1/21 v. 0 I B J • C FIELD CHECK inspection dates:3/21/2008 APPLICANT: Jay & Sherrie Woods CASE #: USR-1651 REQUEST: A Site Specific Development Plan and a Special Review Permit for a Site Specific Development Plan and a 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, (Lawn Tree and Care business) provided that the property is not a Lot in an approved or recorded subdivision plat or lots parts of a map or plan filed prior to adoption of any regulations controlling subdivisions in the A (Agricultural) Zone District LEGAL: Part of the SW4SE4 of Section 36, Township 6 North, Range 66 West of the 6th P.M., Weld County, Colorado LOCATION: South of and adjacent to "F" Street and 1/8 mile west of "C" Street PARCEL ID #: 0805 35 400039 ACRES: +/- 2.5 Acres • • Zoning Land Use N A N Two Single family residences E A E Single-family residence S A S Railroad/Single family residences — within Greeley City Limits W A W Vacant Ground — within Greeley City Limits COMMENTS: Existing business and single family residence located on property. dm, a Chris Gathman - Planner II Hello