HomeMy WebLinkAbout20093030.tiffINVENTORY OF ITEMS FOR CONSIDERATION
• I Applicant
Carlos Cisneros Case Number
USR-1715
Submitted or Prepared
Prior to
Hearing
At
Hearing
1
Staff Comments
X
Department of Planning Services Field Check Form
X
Letter to Applicant
X
Legal Notifications
X
2
Application
X
Maps
X
Deed/ Easement Certificate
Surrounding Property / Mineral Owners
X
Utilities
3
Referral List
X
Referrals without comment
X
Colorado Division of Wildlife received 8/9 /2009
X
4
Referrals with comments
X
Weld County Department of Public Works referral received 9/3/2009 (2 pages)
X
Weld County Department of Public Health and Environment referral received
9/16/2009 (2 pages)
X
Weld County Code Compliance referral received 8/27/2009 (2 pages)
X
Office of State Engineer — Division of Water Resources referral received 8/27/2009
X
5
Surrounding Property Owners/Mineral Owners - Letters
f`• I i;
6
PC Exhibits
A
Sign Posting Certificate ( j, c,/ ,. .,,A.,,., (' r,4.,.,., .,G,
X
'no Resolution
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Letter....
-fjfopedy Owner/Mineral-Owner Notification
hereby certify that the 10 items identified herein were submitted to the Department of Planning Services at or prior to the
scheduled Planning Commissioners hearing.
Chris Gathman Planner
EXHIBIT
I Ch
Uzi -(115
2009-3030
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COLORADO
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LAND USE APPLICATION
SUMMARY SHEET
Case Number: USR-1715 Hearing Date: November 3, 2009
Applicant: Carlos Cisneros
Address: 4943 County Road 37, Fort Lupton, CO 80621
Request A Site Specific Development Plan and a Special Review Permit for a Home
Business (parking of two (2) semi -tractors and three (3) trailers) in the A
(Agricultural) Zone District
Legal Description: Lot A of RE -2042; located in part of the NE4NE4NE4NE4 of Section 12,
Township 1 North, Range 66 West of the 6th P.M., Weld County, Colorado
Location: South of and adjacent to County Road 12 and West of and adjacent to County
Road 37
Size of Parcel: +/- 2 acres
POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS
The criteria for review of this Special Review Permit are listed in Section 23-2-220 of the Weld County
Code.
The Department of Planning Services' staff has received responses with comments from the following
agencies:
• Weld County Department of Public Health and Environment, referral received 9/16/2009
• Weld County Department of Public Works, referral received 9/9/2009
• Office of State Engineer — Division of Water Resources, referral received 8/27/2009
• Weld County Zoning Compliance, referral received 8/27/2009
The Department of Planning Services has received responses without comments from the following
agencies:
Colorado Division of Wildlife, referral received 8/13/2009
The Department of Planning Services' staff has not received responses from the following agencies:
• Weld County Department of Building Inspection
• Colorado Department of Transportation (CDOT)
• Platte Valley Soil Conservation District
• Fort Lupton Fire Protection District
• Hudson Fire Protection District
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Cisneros USR-1715
EXHIBIT
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• Weld County School District RE -8
• Weld County Department of Building Inspection
• Weld County School District RE -3
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Cisneros USR-1715
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COLORADO
SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
Planner: C. Gathman
Case Number: USR-1715 Hearing Date: November 3, 2009
Applicant: Carlos Cisneros
Address: 4943 County Road 37, Fort Lupton, CO 80621
Request: A Site Specific Development Plan and a Special Review Permit for a Home
Business (parking of two (2) semi -tractors and three (3) trailers) in the A
(Agricultural) Zone District
Legal Description: Lot A of RE -2042; located in part of the NE4NE4NE4NE4 of Section 12,
Township 1 North, Range 66 West of the 6th P.M., Weld County, Colorado
Location: South of and adjacent to County Road 12 and West of and adjacent to County
Road 37
Size of Parcel: +/- 2 acres Parcel Number: 147112000034
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 22-2-20.G A.Policy 7.2. of the Weld County Code states: "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."
Section 22-2-20 I.A.Goal 9.of the Weld County Code states: "Reduce potential conflicts
between varying land uses in the conversion of traditional agricultural lands to other land
uses."
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Cisneros USR-1715
The applicant is proposing to park a total of two (2) semi tractors (one more than the
amount allowed as a use by right in the Agricultural zone district) along with three (3)
trailers. The Department of Planning Services is requiring a Screening Plan be submitted
to screen the vehicles and trailers.
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.O of the Weld County Code provides for a
Home Business as a Use by Special Review 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.
This use meets the intent of a "Home Business" as defined in the Weld County Code.
The home business criteria outlined in Section 23-1-90 are:
1) The use is conducted primarily within a dwelling unit or accessory structure and
principally carried on by the family resident therein and
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2) Such use is clearly incidental and secondary to the principal permitted use and shall
not change the character thereof.
Attached Conditions of Approval (requiring the trucks to be screened) and Development
Standards will ensure that the proposed use is compatible 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. This site is located within the 3 -mile referral area for the Town of
Lochbuie. No referral response has been received from the Town of Lochbuie.
E. Section 23-2-220.A.5 -- The application complies with Article V, Divisions 1, 2, 3 and 4 of
the Weld County Code.
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.5 -- The site does not lie within any Overlay Districts.
G. 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 parcel is
approximately 2 acres in size with an existing residence and garage on the property.
H. 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.
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This USR is to correct a zoning violation (ZCV-08-00384) for storing multiple commercial vehicles on a
property without first obtaining the necessary Weld County Zoning Permits. Should this application be
approved, the violation will be dismissed. If denied, the number of commercial vehicles on site will need to
be reduced to (1) one. If not reduced to one (1) vehicle within 30 -days, legal proceedings will commence.
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 dust abatement plan, detailing on site dust control measures, for
review and approval, to the Environmental Health Services, Weld County Department of
Public Health & Environment.
B. 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 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).
C. The applicant shall address the requirements of the Department of Public Works as
stated in their referral response received September 3, 2009. Written evidence of Public
Works approval shall be submitted to the Department of Planning Services. (Department
of Public Works)
D. The applicant shall submit a screening plan for review and approval by the Department of
Planning Services. The semi trucks and trailers shall be screened by an opaque fence (or
landscaping material) from adjacent properties and rights -of -way or shall be placed inside
an enclosed building. (Department of Planning Services)
E. The plat shall be amended to delineate the following:
1. The plat shall comply with Section 23-2-260.D of the Weld County Code.
(Department of Planning Services)
2. The attached Development Standards. (Department of Planning Services)
3. All sheets of the plat shall be labeled USR-1707. (Department of Planning
Services)
4. County Road 37 is a collector road and requires an 80 -foot right-of-way at full
build out. There is presently a 60 -foot right-of-way. This road is 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.
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Existing County Road 37 right-of-way (30 -feet from centerline) shall be
delineated on the plat along with an additional 10 feet shall be delineated on the
plat as future County Road 37 right-of-way. (Department of Public Works)
5. County Road 12 is a section -line road and requires a 60 -foot right-of-way at full
build out. There is presently a 60 -foot right-of-way. This road is not 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.
Existing County Road 12 right-of-way (30 -feet from centerline) shall be
delineated on the plat. (Department of Public Works)
6. The parking surface materials shall be indicated (gravel, recycled asphalt or
equivalent). (Department of Public Works)
7. The approved Screening Plan. (Department of Planning Services)
F. 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 sixty (60) days from
the date of the Board of County Commissioners resolution. The applicant shall be responsible for
paying the recording fee. (Department of Planning Services)
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 mapsco.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)
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SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Carlos Cisneros
USR-1715
1. The Site Specific Development Plan and Special Use Permit is for a home business (parking of
two (2) semi -tractors and three (3) trailers) in the A (Agricultural) Zone District 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. All vehicles and trailers associated with this use shall be currently licensed and operational.
(Department of Planning Services)
4. Outdoor storage shall be limited to two (2) semi tractors and three (3) trailers. (Department of
Planning Services)
5. Hours of operation (hours of trucks leaving and returning to the site) shall be limited to daylight
hours Monday through Friday. (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.) 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. (Department of Public Health and Environment)
8. 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)
9. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The facility shall be
operated in accordance with the approved "dust abatement plan" at all times. (Department of
Public Health and Environment)
10. The facility shall adhere to the maximum permissible noise levels allowed in the (Commercial)
Zone Districts as delineated in Section 14-9-30 of the Weld County Code. (Department of Public
Health and Environment)
11. Adequate handwashing and toilet facilities shall be provided at all times. (Department of Public
Health and Environment)
12. The applicant shall operate in accordance with the approved "waste handling plan" at all times.
(Department of Public Health and Environment)
13. Commercial vehicle and/or equipment washing is prohibited in accordance with the restrictions of
State of Colorado Division of Water Resources, well permit number 50954. (Department of Public
Health and Environment)
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14. 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)
15. 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) (Department of
Planning Services)
16. The historical flow patterns and run-off amounts will be maintained on site in such a manner that
it will reasonably preserve the natural character of the area and prevent property damage of the
type generally attributed to run-off rate and velocity increases, diversions, concentration and/or
unplanned ponding of storm run-off. (Department of Public Works)
17. The applicant must take into consideration storm water capture/quantity and provide accordingly
for best management practices. (Department of Public Works)
18. Off-street parking spaces including the access drive shall be surfaced with gravel, recycled
asphalt or the equivalent and shall be graded to prevent drainage problems. (Department of
Public Works)
19. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code.
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20. The property owner or operator shall be responsible for complying with the Operation Standards
of Section 23-2-250, Weld County Code.
21. The operation shall comply with all applicable rules and regulations of the State and Federal
agencies and the Weld County Code.
22. 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.
23. 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.
24. 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.
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DEPARTMENT OF PLANNING SERVICES
918 10TH Street
GREELEY, CO 80631
PHONE: (970) 353-6100, Ext. 3540
FAX: (970) 304-6498
111k.
COLORADO
October 15, 2009
Carlos Cisneros
do Mari Vessica Cisneros
180 N 6`" Av
Brighton CO 80601
Subject: USR-1715-A Site Specific Development Plan and Use by Special Review Permit for a Home Business (parking
of two semi -trucks and 3 trailers) in the A (Agricultural) Zone District on a parcel of land described as Lot A RE -2042
being Part of the NE4NE4NE4NE4 of Section 12, Ti N, R66W of the 6th P.M., Weld County, Colorado.
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Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on November 3, 2009, at 1:30 p.m. This
meeting will take place in the Hearing Room, Weld County Planning Department, 918 10' Street, Greeley, Colorado.
A subsequent hearing will be held on November 18, 2009 at 10:00 a.m., in the Chambers of the Board of County
Commissioners, Weld County Centennial Center, 915 101h Street, First Floor, Greeley, Colorado. It is recommended
that you and/or a representative be in attendance to answer any questions the Planning Commission members or Board
of County Commissioners may have.
Colorado Revised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01-1088) requires notification of all mineral estate
owners 30 days prior to any public hearing. The applicant needs to provide the Weld County Planning Department with
written certification indicating the above requirement has been met.
A representative from the Department of Planning Services will be out to the property a minimum of ten days prior to the
hearing to post a sign adjacent to and visible from a publicly maintained road right-of-way which identifies the hearing
time, date, and location. In the event the property is not adjacent to a publicly maintained road right-of-way, one sign
will be posted in the most prominent place on the property and a second sign posted at the point at which the driveway
(access drive) intersects a publicly maintained road right-of-way.
The Department of Planning Services' staff will make a recommendation concerning this application to the Weld County
Planning Commission and will be included in the staff report one week prior to the scheduled Planning Commission
hearing. You may view the staff report at www.co.weld.co.us/departments/planninq/Planninq/plan current
If you have any questions concerning this matter, please call.
/R(eejspectfully,
Chris Gathman
Planner
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PLANNING COMMISSIONERS' SIGN POSTING CERTIFICATE
THE LAST DAY TO POST THE SIGN IS October 24, 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-1715 IN THE A (AGRICULTURAL) ZONE DISTRICT.
CHRIS GATHMAN
Name of Person Posting Sign
Signature of Person Posting Sign
STATE OF COLORADO
) ss.
COUNTY OF WELD
The foregoing instrument was subscribed and sworn to me this l lay of Nnkttl nb_.1 , 2009.
WITNESS my hand and official seal.
My Commission Expires: omit\
EXHIBIT
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COLORADO
August 21, 2009
DEPARTMENT OF PLANNING SERVICES
918 10TH Street
GREELEY, CO 80631
PHONE: (970) 353-6100, Ext. 3540
FAX: (970) 304-6498
Carlos Cisneros
do Mari Vessica Cisneros
180 N 6th Av
Brighton CO 80601
Subject USR-1715 - Request for a Site Specific Development Plan and Use by Special Review Permit for
a Home Business (parking of two semi -trucks and 3 trailers) in the A (Agricultural) Zone District
on a parcel of land described as Lot A RE -2042 being Part of the NE4NE4NE4NE4 of Section 12,
Ti N, 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 will schedule
a meeting with you to discuss the referrals after we have received them.
Once the concerns and requirements of the referral agencies have been met or the applicant has shown an
attempt to meet their concerns and requirements, a Planning Commission Hearing will be scheduled.
It is the policy of Weld County to refer an application to any town or municipality lying within three miles of the
property or if the property is located within the comprehensive planning area of a town or municipality.
Therefore, our office has forwarded a copy of the submitted materials to the Lochbuie Planning Commission
for their review and comments. Please call Lochbuie at 303-655-9308 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
Lochbuie 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,
I JI-Rit_
Chris Gathman
Planner
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FIELD CHECK
CASE NUMBER: USR-1715 j ,i//09 DATE OF INSPECTION:
APPLICANTS NAME: Carlos Cisneros 6 l
PLANNER: Chris Gathman
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for a Home
Business (parking of two semi -trucks and 3 trailers) in the A (Agricultural) Zone District.
LEGAL DESCRIPTION: Lot A RE -2042 being Part of the NE4NE4NE4NE4 of Section 12, Ti N, R66W
of the 6th P.M., Weld County, Colorado.
LOCATION: South of and adjacent to CR 12; west of and adjacent to CR 37.
LAND USE:
N
11)IJa4 t At'
s ifeiv 1-443
W 1 b ih2w/s 41
ZONING: N A (Agricultural)
E A (Agricultural)
S A (Agricultural)
W A (Agricultural)
COMMENTS:
Pivvot
IV/It ;1/41_5'
P.C. Member
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A
FIELD CHECK
inspection dates: 10/23/2009
APPLICANT: Carlos Cisneros CASE #: USR-1715
REQUEST: A Site Specific Development Plan and a Special Review Permit for a Home Business
(parking of two (2) semi -tractors and three (3) trailers) in the A (Agricultural) Zone District
LEGAL: Lot A of RE -2042; located in part of the NE4NE4NE4NE4 of Section 12, Township 1
North, Range 66 West of the 6th P.M., Weld County, Colorado
LOCATION: South of and adjacent to County Road 12 and West of and adjacent to County Road 37.
PARCEL ID #: 147112000034
ACRES: +1- 2 acres
Zoning
N
Single Family Residence
E
A
E
Single Family Residence
S
A
S
Single Family Residence
W
A
W
Single Family Residence
COMMENTS:
Existing single-family residence and outbuilding on property. Property is fenced with a non -opaque fence
along south and east sides of property (adjacent to County Roads).
Chris Gathman - Planner Ill
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