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Home My WebLink About20083253.tiff INVENTORY OF ITEMS FOR CONSIDERATION Applicant Michael Aberle Case Number USR-1658 Submitted or Prepared • Prior to At Hearing Hearing PC-Resolution- 1 Staff Comments X Department of Planning Services Field Check Form X Planning Commissioner Field Check Form Letter to Applicant X Affidavit of sign posting X Ng 2 Legal Notifications X 3 Application X 4 Referral List X Referrals without comment X City of Fort Lupton,referral dated 6/6/08 X Greater Brighton Fire Protection District, referral dated 6/16/08 X Colorado Department of Transportation, referral dated 6/2/08 X State of Colorado Division of Wildlife,referral dated 6/12/08 X Weld County School District RE-27J, referral dated 6/12/08 X • Weld County Sheriffs Office, referral dated 6/27/08 X 5 Referrals with comments X Weld County Zoning Compliance, referral dated 6/2/08 X Weld County Department of Public Health and Environment,referral dated 6/26/08 X X Weld County Planning, Landscape, referral dated 6/2/08 Weld County Department of Public Works, referral dated 6/6/08 X Weld County Department of Building Inspection, referral dated 6/17/08 X '' State of Colorado, Division of Water Resources, referral dated 6/3/08 X 6 Maps X `, 7 Deed/Easement Certificate X 8 Surrounding Property/Mineral Owners X 9 Utilities X 10 Soil Survey X 11 PC Exhibits X 11.A Letter from applicant dated 10/14/08 X 11.B Letter from Joanna Williams dated 10/1/08 X • I hereby certify that the twenty items identified herein were submitted to the Department of Planning Services at or prior to the s •-• -• e•- • • • • Commissioners hearing. 7e 2008-3253 Michelle Martin i . Planner • • • • a'4; VIiDc LAND ON SUMMARYS SHEET COLORADO Planner: Michelle Martin Hearing Date: November 18, 2008 Case Number:USR-1658 Applicant: Michael Aberle Address: 12988 CR 4 Brighton, CO 80603 Request: A Site Specific Development Plan and Special Review Permit for A Use Permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the Commercial or Industrial Zone Districts, (Construction Business) in the A (Agricultural) Zone District Legal Description: Lot A of RE-4217 being part of the NE4 of Section 31 and NW4 of Section 32 all in T1N, R66W of the 6th P.M., Weld County, CO • Location: South of and adjacent to County Road 4 and east of State Highway 85 Size of Parcel: 4.85 +/- 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 dated 6/2/08 • Weld County Department of Public Health and Environment, referral dated 6/26/08 • Weld County Department of Public Works, referral dated 6/6/08 • Weld County Department of Building Inspection, referral dated 6/17/08 • Weld County Planning, Landscape, referral dated 6/2/08 • Greater Brighton Fire Protection District, referral dated 6/16/08 • State of Colorado, Division of Water Resources, referral dated 6/3/08 • City of Fort Lupton, referral dated 6/6/08 • Colorado Department of Transportation, referral dated 6/2/08 • Weld County Sheriffs Office, referral dated 6/27/08 EXHIBIT • Weld County School District RE-27J, referral dated 6/12/08 • 1 USR-1658 Aberle 1 • • State of Colorado Division of Wildlife, referral dated 6/12/08 The Department of Planning Services' staff has not received responses from the following agencies: • Weld County Ambulance Services • West Adams Soil Conservation District • Union Pacific Railroad • Adams County • City of Brighton • • USR-1658 Aberle 2 SPECIAL REVIEW PERMIT • I ADMINISTRATIVE REVIEW COLORADO Planner: Michelle Martin Hearing Date: November 18, 2008 Case Number:USR-1658 Applicant: Michael Aberle Address: 12988 CR 4 Brighton, CO 80603 Request: A Site Specific Development Plan and Special Review Permit for A Use Permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the Commercial or Industrial Zone Districts, (Construction Business) in the A (Agricultural) Zone District Legal • Description: Lot A of RE-4217 being part of the NE4 of Section 31 and NW4 of Section 32 all in T1 N, R66W of the 6th P.M., Weld County, CO Location: South of and adjacent to County Road 4 and east of State Highway 85 Size of Parcel: 4.85 +1- acres Parcel Number: 1471 31 000098 THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE DENIED 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 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 consistent with Chapter 22 and any other applicable code provisions or ordinance in effect. Section 22-2-60.F (A.Goal 6) states, "Public facilities and services such as sewer, water, roads, schools, and fire and police protection, must be provided and developed in a timely, orderly and efficient manner to support the transition of agricultural land to other development uses. In evaluating a land use application, County representatives and the applicant will consider the public facilities and services • goals and policies." USR-1658 Aberle 3 A.Policy 6.2. "Applicants for development are responsible to determine the status • of a water well through the State Division of Water Resources and shall be aware that ownership of a parcel of land with a well does not guarantee the use of the well. The State Division of Water Resources shall be contacted by the applicant." The applicant is proposing to utilize a domestic well for the proposed business. According to the State of Colorado, Division of Water Resources in a letter dated 4/1/08 the only well on site is well permit no. 241019-A which is permitted for fire protection, ordinary household purposes inside not more than 1 single family dwelling, irrigation of not more than 1 acre of home gardens and lawns, and the watering of domestic animals. The Division of Water Resources also states that the well can not be used for the business including the contractors/employees accessing the site. The Division of Water Resources in a letter dated 10/1/08 state the applicant would need to apply for a commercial well which would allow water for the business but not outside irrigation. The applicants have not applied to change the existing well to commercial. Therefore the proposed development does not have an adequate supply of water as required by Section 23-2-260.E.2 of the Weld County Code. Currently the property is in violation (ZCV08-00020)for operating a commercial business on the property without an approved and recorded Use by Special Review (USR). Upon approval of the USR the violation will be closed. If denied the case shall be refereed to the County Attorney's office but delay legal action • for 30 days in order to give the applicant time to ensure that all storage, operations, and advertisement for the business has been removed from the property. 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 evidence to the Department of Planning Services, from the Colorado Division of Water Resources, demonstrating that the well is appropriately permitted for the commercial use. Evidence of such shall be submitted to the Weld County Department of Planning Services. (Department of Public Health and Environment, Department of Planning Services & Division of Water Resources) B. The applicant shall either submit a copy of an agreement with the property's mineral owner/operators stipulating that the oil and gas activities have been • USR-1658 Aberle 4 adequately incorporated into the design of the site or show evidence that an • adequate attempt has been made to mitigate the concerns of the mineral owner/operators. Drill envelopes can be delineated on the plat in accordance with the State requirements as an attempt to mitigate concerns. The plat shall be amended to include any possible future drilling sites. (Department of Planning Services) C. The plat shall be amended to delineate the following: 1) All sheets of the plat shall be labeled USR-1658. (Department of Planning Services) 2) The attached Development Standards. (Department of Planning Services) 3) County Road 4 is classified by the County as a collector road, which requires 80 feet of right-of-way at full build out. The applicant shall verify the existing right-of-way and the documents creating the right-of-way. The plat shall delineate the existing right-of-way and the documents which created it along with any additional right-of-way. (Department of Public Works) 4) The off-street parking spaces including the access drive shall be surfaced with asphalt, concrete, or the equivalent and shall be graded to prevent drainage problems. Each parking space shall be equipped with wheel • guards or curb stops where needed to prevent vehicles from extending beyond the boundaries of the space and from coming into contact with other vehicles, walls, fences, or plantings. (Department of Planning Services) 5) This facility shall adhere to the number of on-site parking spaces indicated in Appendix 23-B of the Weld County Code. The total number of on-site parking for this facility shall be twelve (12) spaces, of which one (1) shall be a van accessible handicapped parking stall meeting all of the requirements as set forth in the Americans with Disabilities Act. (Department of Planning Services) 6) The applicant shall address and adhere to the American with Disabilities Act and ADA standards for this facility at all times. Non-ambulatory/ ambulatory parking spaces shall be identified and shown on the plat. This site will be required to meet all requirements of the Americans with Disabilities Act. At least one space must be van accessible. The parking spaces must be the closest possible to the entrance. Signing will be required. Curb cuts, ramps and other methods of providing accessibility shall be required to reasonably attempt to meet the requirements of this Act. Should the applicant elect to not adhere to the previously discussed Federal Standards, this office requests that the applicant outline how their proposed site design mitigates the requirements of the American's with Disabilities Act. (Department of Planning Services) • USR-1658 Aberle 5 • 7) The plat shall be prepared in accordance with Section 23-2-260.D of the Weld County Code. (Department of Planning Services) 8) The applicant shall delineate the trash collection areas. Section 23-3-350.H of the Weld County Code addresses the issue of trash collection areas. Areas used for storage or trash collection shall be screened from adjacent public rights-of-way and adjacent properties. These areas shall be designed and used in a manner that will prevent wind or animal scattered trash. (Department of Planning Services) 9) Outdoor storage of equipment, parts, and vehicles shall be screened from adjacent properties and public rights of way. D. The applicant shall enter into an Improvements Agreement according to policy regarding collateral for improvements and post adequate collateral for all required improvements. The agreement and form of collateral shall be reviewed by County Staff and accepted by the Board of County Commissioners prior to recording the USR plat. The 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) E. The applicant shall address the requirements (concerns) of the Weld County Building Department as stated in the referral response dated 6/17/08. Evidence • of such shall be submitted in writing to the Weld County Department of Planning Services. (Weld County Building Department) F. In the event washing of vehicle 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 such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Public Health and Environment) G. In the event 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. Alternately, the applicant can install a new septic system for subcontractors' use which shall be installed according to the Weld County Individual Sewage Disposal Regulations. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Public Health and Environment) • USR-1658 Aberle 6 H. The applicant shall submit evidence of an Underground Injection Control (UIC) • Class V Injection Well permit from the Environmental Protection Agency (EPA) for any vehicle maintenance facility located on the site that is equipped with a floor drain. Alternately, the applicant can provide evidence from the EPA that they are not subject to the EPA Class V requirements. (New EPA rule effective 4/5/2000). Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Public Health and Environment) The applicant shall submit a dust abatement plan for review and approval, to the Environmental Health Services, Weld County Department of Public Health & Environment. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Public Health and Environment) J. 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 such shall be submitted in writing to the Weld County Department of Planning Services. The plan shall include at a minimum, the following: 1) A list of wastes which are expected to be generated on site (this should include expected volumes and types of waste generated). 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) K. 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 malosco.weld.co.us. (Department of Planning Services) • USR-1658 Aberle 7 • 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 sixty (60) days from the date the Board of County Commissioners resolution was signed a $50.00 recording continuance charge may be added for each additional 3 month period. (Department of Planning Services) • • USR-1658 Aberle 8 SITE SPECIFIC DEVELOPMENT PLAN • SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Michael Aberle USR-1658 1. A Site Specific Development Plan and Special Review Permit for A Use Permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the Commercial or Industrial Zone Districts, (Construction Business) in the A(Agricultural) Zone District. (Department of Planning Services) 2. All equipment,trailers,tractors,and vehicles associated with the business must be located within the screened area. (Department of Planning Services) 3. 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) 4. 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) 5. 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) 6. 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) 7. The applicant shall operate in accordance with the approved "waste handling plan." (Department of Public Health and Environment) 8. The facility shall be operated in accordance with the approved "dust abatement plan"at all times. (Department of Public Health and Environment) 9. 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) 10. This facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone as delineated in 25-12-103 C.R.S. as amended. (Department of Public Health and Environment) 11. Adequate handwashing and toilet facilities shall be provided for subcontractors and patrons of the facility, at all times. (Department of Public Health and Environment) • USR-1658 Aberle 9 12. 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) 13. A permanent, adequate water supply shall be provided for drinking and sanitary purposes. (Department of Public Health and Environment) 14. 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) 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. Effective August 1, 2005, Building Permits issued on the proposed lots 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) 17. The landscaping and screening on site shall be maintained in accordance with the approved Landscape/Screening Plan. (Department of Planning Services) 18. The hours of operation will be limited to 7:00 am - 6:00 pm Monday through Friday and 10:00 am - noon on Saturday. (Department of Planning Services) • 19. The number of employees for the business shall be limited to twelve (12) persons. (Department of Planning Services) 20. All vehicles located on the property must be operational and with current license plates and tags. (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. 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 Building Code. Fire Protection shall conform to Chapter 9 and exiting requirements by Chapter 10. (Department of Building Inspection) 23. 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 • USR-1658 Aberle 10 Plumbing Code; 2006 International Fuel Gas Code; and the 2008 National Electrical Code • and Chapter 29 of the Weld County Code. (Department of Building Inspection) 24. Any building plans shall be submitted to the Greater Brighton Fire Protection District for approval. (Department of Building Inspection) 25. On-site lighting, including security lighting if applicable shall maintain compliance with Section 23-3-250.6.6 of the Weld County Code. (Department of Planning Services) 26. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240, Weld County Code. 27. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250, Weld County Code. 28. 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. 29. 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. • 30. 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-1658 Aberle 11 DEPARTMENT OF PLANNING SERVICES • 4 SOUTHWEST OFFICE 4209 CR 24.5 LONGMONT, 4 CO 80 PHONE: (720)6552-421 ,COO 08730 504 FAX: (720)652-4211 COLORADO October 22,2008 Michael Aberle 12988 CR 4 Brighton CO 80603 Subject: USR-1658-A Site Specific Development Plan and Use by Special Review for a Use Permitted as a Use by Right,Accessory Use,or Use by Special Review in the Commercial or Industrial Zone Districts(construction business)in the A(Agricultural)Zone District on a parcel of land described as Lot A of RE-4217 being part of the NE4 of Section 31 and NW4 of Section 32 all in Ti N,R66W of the 6th P.M.,Weld County,Colorado. Dear Applicant: I have scheduled a meeting with the Weld County Planning Commission on November 18, 2008, at 1:30 p.m. This • meeting will take place in the Hearing Room,Southwest Weld Planning Department,4209 CR 24.5,Longmont,Colorado. A subsequent hearing will be held on December 17, 2008 at 10:00 a.m., 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. The Department of Planning Services'staff will make a recommendation concerning this application to the Weld County Planning Commission and will be included in the packets one week priorto the scheduled Planning Commission Hearing. If you have any questions concerning this matter, please call. Res tf yeti— Michelle Martin Planner • • • ' DEPARTMENT OF PLANNING SERVICES C SOUTHWEST OFFICE 4209 CR 24.5 LONGMONT, CO 80504 COLORADO PHONE: (720)652-4210, Ext. 8730 FAX: (720) 652-4211 May 28, 2008 Michael Aberle 12988 CR 4 Brighton CO 80603 Subject: USR-1658 - 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, (Construction Business) in the A(Agricultural)Zone District on a parcel of land described as Lot A of RE-4217 being part of the NE4 of Section 31 and NW4 of Section 32 all in T1 N, R66W of the 6th P.M., Weld County, Colorado. Dear Applicant: 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 Brighton and Ft. Lupton Planning Commission for their review and comments. Please call Brighton at 303-655-2000 and Ft. Lupton at 303-857-6694 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 Brighton and Ft. Lupton 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, itiw Mic I Martin Planner • • PLANNING COMMISSIONERS' SIGN POSTING CERTIFICATE THE LAST DAY TO POST THE SIGN IS 11/8/08 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-1658 IN THE A (AGRICULTURAL) ZONE DISTRICT. 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I it 11 N 4.0 400M 1 ,M N L I { es ' • C 0 O V WELD COUNTY Applicant Meeting 'ATE: 7/1/08 CASE NUMBER: USR-1658 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, (Construction Business) in the A (Agricultural) Zone District NARRATIVE: The property owner intents to use the site for their construction business (A & H Roofing). LEGAL DESCRIPTION: Lot A of RE-4217 being part of the NE4 of Section 31 and NW4 of Section 32 all in T1 N, R66W of the 6th P.M., Weld County, CO PROPERTY OWNER: Michael Aberle PARCEL NUMBER: 1471 31 000098 REVIEW: Michael Aberle and I met in the southwest 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 and future ROW for CR 4 needs to be show on the plat. • 2. The Trash enclosure area 3. Curb stops for the parking spaces 4. The location and size of any signs 5. Extend the fence along the east side of the property 6. Label the plat USR-1658 B. Contact Lauren Light in Public Health and Environment regarding her referral dated 6/30/08: Dust abatement plan, Waste handling plan, washing of vehicles, septic system, well, Underground Injection Control (UIC) Class V Injection Well permit. C. Contact the Building Dept. regarding a change of use for the existing buildings. D. Contact the Division of Water Resources regarding the usage of the well for the employees. E. Letter addressing the conditions in the landscape referral from Kim Ogle dated 6/2108. The items listed above shall be submitted to the Department of Planning Services. As discussed if the above information is provided to the Department of Planning Services by Sept. 19, 2008 the Planning Commission hearing would be scheduled for Oct. 21, 2008 and the Board of County Commissioners hearing would be scheduled soon after. • Weld County Department of Planning Services Greeley Office— Longmont Office— 918 1r 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 Any items that have not been fully addressed by Sept. 19, 2008 will be added as a condition of approval that will need to be addressed prior to recording the mylar. • 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. • Weld County Department of Planning Services • Greeley Office— Longmont Office— 918 10`h 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 2 Page 1 of 2 Michelle Martin • From: Kim Ogle Sent: Tuesday, September 23, 2008 9:47 AM To: mikevaberle@yahoo.com Cc: Michelle Martin Subject: RE: Required issues to be resolved . . . Statements to the issue or drawing amended to address, so state Mike Thank you for your reply. I am forwarding this infbmration to Michelle the case manager for this application for her use. Kim Ogle I Planning Manager From: mike aberle [mailto:mikevaberle@yahoo.com] Sent: Tuesday, September 23, 2008 8:28 AM To: Kim Ogle Subject: Re: Required issues to be resolved . . . Statements to the issue or drawing amended to address, so state Kim, • Below are the responses to address the issues that you brought forth: The parking spaces are a bit confusing to me as the people accessing the site are there between 2-15 minutes at a time to load or unload only. I am the only employee &planned on affording 2 parking spaces according to 23B. Currently I use my dump trailers for trash which are denoted on the plat which are screened by fence or outbuildings and fully covered. All outbuildings are over 6' along with the proposed fencing which will screen all storage materials which is denoted on the plat map. All lighting is downcasting and existing which is also denoted on the plat map. Property maintenance is a given. As a homeowner I take care of my property. I am not currently planning on any business signs. --- On Fri, 9/19/08, Kim Ogle <kog[e@eo.weld.co.us>wrote: From: Kim Ogle<kogle@co.weld.co.us> Subject: Required issues to be resolved . . . Statements to the issue or drawing amended to address, so state • To: "mike aberle" <mikevaberle@yahoo.com> Cc: "Kim Ogle" <kogle@co.weld.co.us> Date: Friday, September 19, 2008, 11:52 AM 09/23/2008 Page 2 of 2 Parking requirement The twelve employees who utilize the service yard shall each be afforded one parking space. There shall also be one dedicated location for the truck to load and unload materials . associated with delivery of materials to the facility. Trash Collection shall be screened from public rights-of-way and all adjacent properties. Outside Storage. The applicant shall submit documentation as to how the outside storage will be screened. Any lighting, shall be shielded so that beams or rays of light will not shine directly onto adjacent properties; 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; and no colored lights may be used which may be confused with or construed as traffic control devices. Property Maintenance. Property shall be maintained in such a manner that grasses and weeds are not permitted to grow taller than twelve(12) inches. Signs. The application materials did not address the issue of on-site signs. The applicant shall enter into an Improvements Agreement according to policy regarding collateral for improvements and post adequate collateral for all transportation (access drive, parking areas, et cetera) and non-transportation (plant materials, fencing, screening, et cetera). The agreement and form of collateral shall be reviewed by County Staff and accepted by the Board of County Commissioners prior to recording the USR plat. Kim Ogle P ltun • I ,,/ • 09/23/2008 �$HOO MAIL Classic Print-Close Window _ • MEMORANDUM TO:Case File, pre-application DATE:March 3,2008 FROM: Kim Ogle, Planning Manager SUBJECT: Pre-Application Meeting prior to submitting A USR for a Home Business Attendees: Mike Aberle—Applicant Don Carroll, Public Works Kim Ogle, Planner On Monday March 3,2008 an informal discussion took place at the Greeley Administrative Offices Conference Room regarding the proposed USR for a Home Business on lands zoned Agricultural.(The legal description is Lot A RE-4217, being part of the NE4 of Section 31,Township 1 North,and Range 65 West of the 6th • P.M.There are existing improvements on site including a single family residence,a shop building and several accessory buldings. Background Information: Mike Aberle is the owner of A&H Roofing, LLC who is utilizing the existing improvements on his property located at 12988 CR 4, Brighton as the staging location for equipment and materials. Mike has no employees, although he indicated that all of his employees are sub contractors to him.There is a very limited number of employees coming to the site daily,as all are contracted to the job for labor.There is the occasional trip to the storage building to collect replacement materials, nails,metal,flashing and similar materials. Access will be from CR 4 a County maintained road with 40 feet required for right-of-way. Public Works indicates this is a Collector status road.A single access into the property is present.The internal circulation will loop around the structure identified as the'Shop'and return to the point of ingress and egress. Rotomil or crushed concrete will provide the road base. Several dated structures(1948)dominate the property.The smaller"Garden Shed"and thicken Coop" structures are to be removed. In the future the grain bin will be dismantled and removed. Brighton Are Protection District serves this site. It was suggested that Mike speak with the Fire District prior to submitting his application. Water is provided by a domestic well,and ISDS provides the Sewer Traffic Study will not be required from Public Works. A Drainage, Geo-technical Study and Report, will be required likttp://us.f359.mail.yahoo.com/ym/ShowLett&box=Inbox&MsgI d-4638_9606159 42815_... 3/6✓2008 • • Oil and Gas,Other Minerals are unknown,although the applicant was directed to research this issue with the Recorders and Treasurers office. • Union Pacific railroad abuts this parcel to the west The applicant has a signed lease with the RR for leased lands between his property and that of the RR. This case is a violation case with pending board hearing should the application not be deemed complete prior to March 31.2008. Scheduled hearing date of violation to occur on Apra 8,2008 Planner to provide referral list of agencies to be contacted for this proposal and submit with meeting Notes. End memorandum. • • http://us1359.mail.yahoo.com/ym/ShowLetter?box=Inbox&Msgld=4638 9606159 42815_... 3/6/2008 • FIELD CHECK inspection date: 11/1/08 Planner: Michelle Martin Hearing Date: November 18, 2008 Case Number: USR-1658 Applicant: Michael Aberle Address: 12988 CR 4 Brighton, CO 80603 Request: A Site Specific Development Plan and Special Review Permit for A Use Permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the Commercial or Industrial Zone Districts, (Construction Business) in the A (Agricultural) Zone District Legal Description: Lot A of RE-4217 being part of the NE4 of Section 31 and NW4 of Section 32 all in T1 N, R66W of the 6th P.M., Weld County, CO Location: South of and adjacent to County Road 4 and east of State Highway 85 • Size of Parcel: 4.85 +/- acres Zonino Land Use N A (Agricultural) N Agricultural E A (Agricultural) E Agricultural S A (Agricultural) S Agricultural W A (Agricultural) W Union Pacific RR COMMENTS: The site currently has a home and some outbuildings. The applicant has one access off of CR 4. The applicant is currently operating his construction company from the site. 17A/7 Michelle Martin, Planner II • Hello