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HomeMy WebLinkAbout20080088.tiff INVENTORY OF ITEMS FOR CONSIDERATION • Applicant J & M Partnership Case Number USR-1546 Submitted or Prepared Prior to At Hearing Hearing 1 Staff Comments X Department of Planning Services Field Check Form Letter to Applicant Correspondence with Applicant Affidavit and photograph of sign posting Legal Notifications N' 2 Application X Maps Deed/Easement Certificate/Certificate of Conveyance Surrounding Property/Mineral Owners Utilities Soil Survey 3 Referral List X • N Referrals without comment Town of Eaton, referral received 1/31/2006 4 Referrals with comments X Weld County Department of Public Health and Environment, referral received 3/1/2006 Weld County Department of Public Works, referral received 2/6/2006 Weld County Department of Building Inspection, referral received 2/10/2006 Weld County Sheriffs Office, referral received 1/27/2006 City of Greeley, referral received 2/16/2006 West Greeley Soil Conservation District, referral received 2/9/2006 Zoning Compliance, referral received 1/26/2006 Colorado Department of Transportation, referral received 3/30/2006 5 PC Exhibits a Proposed language X I hereby certify that the 5 items identified herein were submitted to the Department of Planning Services at or prior to the j schedu eedd Planning Commissioners hearing. • Sheri Lockman+ Planner EXMENT 2008-0088 • APPLICATION WI`DC. LAND USE SUMMARY SHEET COLORADO Planner: Sheri Lockman Case Number: USR-1546 Hearing Date: April 4, 2006 Applicant: J & M Partnership Address: C/o A. Bruce Johnson &Associates, Ltd. 801 8'" Street#220, Greeley, CO 80631 Request: A Site Specific Development Plan and a Special Review Permit for uses permitted as a Use by Right, Accessory Use or Use by Special Review in the Commercial or Industrial Zone District(Parking of trucks,trailers,semi-trailers recreational vehicles,construction equipment and farm equipment. Warehousing and storage of equipment, machinery and agricultural supplies.Minor assembling.Repairing,manufacturing,fabricating of agricultural supplies and equipment. All may be for wholesale or retail for sale or lease to the general public) in the A(Agricultural)Zone District. Legal Description: Part of the SW4 Section 20, T6N, R65W of the 6th P.M., Weld County, Colorado • Location: East of and adjacent to County Road 39 and north of and adjacent to County Road 66 Parcel #: 0803 20 000017 Parcel Size: 151 +/- acres Size of USR Boundary: 1.86 +/-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 Department of Public Health and Environment, referral received 3/1/2006 • Weld County Department of Public Works, referral received 2/6/2006 • Weld County Department of Building Inspection, referral received 2/10/2006 • Weld County Zoning Compliance, referral received 1/26/2006 • Weld County Sheriffs Office, referral received 1/27/2006 • West Greeley Soil Conservation District, referral received 2/9/2006 • Town of Eaton, referral received 1/31/2006 • City of Greeley, referral received 2/16/2006 • Colorado Department of Transportation, referral received 3/30/2006 • The Department of Planning Services' staff has not received responses from the following agencies: • Eaton Fire Protection District • USR-1546 J &M Partnership 1 EXHIBIT n D 3 • ‘&111:41% SPECIAL REVIEW PERMIT ADMINISTRATIVE REVIEW COLORADO Planner: Sheri Lockman Case Number: USR-1546 Hearing Date: April 4, 2006 Applicant: J & M Partnership Address: C/o A. Bruce Johnson &Associates, Ltd. 801 8'h Street#220, Greeley, CO 80631 Request: A Site Specific Development Plan and a Special Review Permit for uses permitted as a Use by Right, Accessory Use or Use by Special Review in the Commercial or Industrial Zone District(Parking of trucks,trailers,semi-trailers recreational vehicles,construction equipment and farm equipment. Warehousing and storage of equipment, machinery and agricultural supplies.Minor assembling.Repairing,manufacturing,fabricating of agricultural supplies and equipment. All may be for wholesale or retail for sale or lease to the general public) in the A(Agricultural)Zone District. Legal Description: Part of the SW4 Section 20, T6N, R65W of the 6th P.M., Weld County, Colorado • Location: East of and adjacent to County Road 39 and north of and adjacent to County Road 66 Parcel #: 0803 20 000017 Parcel Size: 151 +/- acres Size of USR Boundary: 1.86 +/- acres 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 22-2-60.D (A.Goal 4) states "Conversion of agricultural land to nonurban residential, commercial and industrial uses will be accommodated when the subject site is in an area that can support such development. Such development shall attempt to be compatible with the region. Conditions of Approval and Development Standards will ensure compatibility with surrounding uses. • B. Section 23-2-220.A.2--The proposed use is consistent with the intent of the A(Agricultural)Zone USR-1546 J&M Partnership 2 District. Section 23-3-40.R allows for uses permitted as a Use by Right, Accessory Use or Use • by Special Review in the Commercial or Industrial Zone District as a Use by Special Review in the A(Agricultural)Zone. C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing surrounding land uses. Surrounding properties to the north and east are agricultural with no homes in close proximity. South of the site is zoned Industrial, however, no improvements have been placed on the property and it remains a producing farm. County Road 39, railroad right-of- way and State Highway 85 lie to the west.A strip of property along the east side of State Highway 85 is zoned Commercial. Big R Manufacturing is using this area to store their products to the southwest of the site. Conditions of Approval and Development Standards will ensure compatibility with these surrounding uses. D. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with future development of the surrounding area as permitted by the existing zoning and with the future development as projected by Chapter 22 of the Weld County Code and any other applicable code provisions or ordinances in effect,or the adopted Master Plans of affected municipalities.The site is within the three mile referral area for the Town of Eaton and the City of Greeley. The Town of Eaton indicated no conflicts with their interests. The City of Greeley requested that the site be landscaped to provide screening along County Road 39 and that the access and parking areas be paved with asphalt or concrete. E. Section 23-2-220.A.5--The site does not lie within any Overlay Districts. Effective January 1,2003, Building Permits issued on the lot 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 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) 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 area proposed for the USR is not being used for agricultural production. 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 the Board of County Commissioners hearing: A. Application materials indicate that signage on site will comply with the Weld County Code except that two(2)signs will be allowed.The applicant shall submit a sign plan for review and approval by the Board of County Commissioners. The plan shall delineate the location, size, and type of construction of each sign. Upon approval the signs shall be delineated on the plat (Department of Planning Services) • USR-1546 J&M Partnership 3 2. Prior to recording the plat: • A. All sheets of the plat shall be labeled USR-1546. (Department of Planning Services) B. The plat shall be amended to meet all requirements of Section 23-2-260.D of the Weld County Code. (Department of Planning Services) C. County Road 66 is designated on the Weld County Road Classification Plan as a collector road, which requires 80 feet of right-of-way at full build out. There is presently 60 feet of right-of-way. A total of 30 feet from the centerline of County Road 66 shall be delineated right-of-way on the plat.An additional 10 feet shall be delineated as future road right-of-way.This road is maintained by Weld County. (Department of Public Works) D. The applicant shall submit written evidence to the Department of Planning Services that the following requirements have been met to the satisfaction of the Weld County Department of Public Health and Environment: 1) The applicant shall submit a dust abatement plan for review and approval, to the Environmental Health Services,Weld County Department of Public Health&Environment. 2) In the event,the applicant intends to wash vehicles or equipment on site,the following shall apply: a) The applicant shall provide evidence that the washing area will be designed and constructed to capture all effluent and prevent any discharges from the washing of vehicles or equipment in accordance with the Rules and Regulations of the Water Quality Control Commission and the Environmental Protection Agency. . 3) The existing septic system serving the commercial building is designed for 5 persons (permit# G19880196). The application materials indicate that a maximum of 20 people may work at the site. Therefore, the existing 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. 4) In accordance with the Underground and Above Ground Storage Tank Regulations(7 CCR 1101-14) a spillage retention berm shall be constructed around the tank battery. The volume retained by the spillage berm should be greater than the volume of the largest tank inside the berm. Alternative protective measures may be allowed provided they comply with the Above Ground Storage Tank Regulations. 5) The applicant shall submit evidence of an Aboveground Storage Tank permit from the Colorado Department of Labor and Employment(CDL&E), Oil Inspection Section for any aboveground storage tanks (660 to 40,000 gallons) located on the site. Alternately, the applicant can provide evidence from the(CDL&E), Oil Inspection Section that they are not subject to these requirements. 6) The applicant shall submit evidence of an Underground Injection Control (UIC) Class V Injection Well permit from the Environmental Protection Agency(EPA)for any 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. • USR-1546 J&M Partnership 4 • 7) 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: a) A list of wastes which are expected to be generated on site (this should include expected volumes and types of waste generated). b) A list of the type and volume of chemicals expected to be stored on site. c) The waste handler and facility where the waste will be disposed(including the facility name,address,and phone number). (Department of Public Health &Environment) E. The applicant shall submit building permits for any change of use for all existing buildings as required by the Weld County Building Inspection Department.The applicant shall submit evidence to the Department of Planning Services that all required building permits have been submitted to the satisfaction of the Building Inspection Department. All buildings will require: 1) Plot plan showing exact location of buildings on property. 2) Floor plan of each building, with dimensions of each portion of the building. 3) Description of specific uses of all area, existing and proposed. 4) Type of construction for each building. 5) Type of heating equipment. 6) Size of electrical service. (Building Inspection) F. The applicant shall submit an Improvements Agreement that addresses all improvements associated with this development (curb stops, screening, gravel/pavement, landscaping • materials, signage and stormwater features, etcetera) per compliance with Section 24-9-10 of the Weld County Code, or complete all improvements to the satisfaction of the Weld County Departments of Public Works and Planning Services. The agreement shall be approved by County Staff and accepted by the Board of County Commissioners prior to recording the plat. (Department of Planning Services) G. The applicant shall attempt to address the requirements (concerns) of the City of Greeley, as stated in the referral response dated February 15, 2006. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. H. The applicant shall comply with the following Commercial District Performance Standards as indicated in Section 23-3-250 of the Weld County Code. 1) Section 23-3-250.A.1 — Stormwater Management. All users of land shall provide and maintain stormwater retention facilities designed to retain the stormwater runoff in excess of historic flow from the undeveloped site. The stormwater retention facility on a developed site shall be designed for a one-hundred-year storm. The stormwater retention facility shall be designed and operated to release the retained water at a quantity and rate not to exceed the quantity and rate of a five-year storm falling on the undeveloped site. The applicant shall contact the Weld County Storm Water Drainage Department to determine any requirements for storm water drainage referring to Section 24-7-120 and Section 23-3- 250.A.1 of the Weld County Code. The applicant shall submit written evidence from the Weld County Storm Water Drainage Department indicating that all requirements have been • met and the plat has been amended to show any required storm drainage area. (Department of Planning Services and Public Works) 2) Section 23-3-250.A.2 — Parking. Sufficient screened, off-street parking areas shall be • USR-1546 J&M Partnership 5 provided to meet the requirements of employees, company vehicles, visitors and . customers of the Uses Allowed by Right and Accessory Uses. The applicant shall indicate the proposed parking areas for trucks and equipment,farm equipment and standard sized vehicles. Appendix 23-A describes the design requirements for parking spaces and Appendix 23-B delineates the number of parking spaces required by use for this property. The plat shall indicate a minimum of 40 standard sized parking spaces. The off-street parking including the access drive shall be surfaced with gravel or the equivalent and shall be graded to prevent drainage problems. Each standard size parking space shall be equipped with a wheel guard or a curb stop where needed to prevent vehicles from extending beyond the boundaries of spaces and coming into contact with other vehicles, buildings or fences. The applicant shall submit a parking plan to the Departments of Planning Services and Public Works for review and approval. The applicant shall submit evidence of Public Works approval to the Department of Planning Services.(Departments of Planning Services and Public Works) 3) Section 23-3-250.A.3-Street Access. Lots shall have safe access to an approved public or private street. The design designation of any street or highway as to type shall be in conformance with that shown on the county thoroughfare plan and/or the master plan of the affected municipality.The applicant has identified a gated access to the proposed USR. Utilize this access point with adequate turning radiuses to accommodate larger trucks, semi-trailers, and recreational vehicle movement. A stop sign should be installed at this entrance to control traffic entering on to County Road 66,a collector status road. Evidence of Public Works approval of the revised plat shall be submitted to the Department of Planning Services. (Departments of Planning Services and Public Works) 4) Section 23-3-250.A.6—Areas used for trash collection shall be screened from public rights- of-way and all adjacent properties. These areas shall be designed and used in a manner that will prevent wind-or animal-scattered trash.The plat shall be amended to address this issue. (Department of Planning Services) 5) Section 23-3-250.A.9 — Outside Storage. Uses involving outdoor storage of vehicles, equipment or materials when permitted shall be screened from public rights-of-way and all adjacent properties. The applicant shall submit a screening plan which indicates the type and height of the fencing for review and approval by the Department of Planning Services. The plat shall be amended to delineate the approved screening plan. (Department of Planning Services) 6) Section 23-2-250.B.6—Light. Any lighting,including light from high temperature processes such as welding or combustion, shall be designed, located and operated in such as manner as to meet the following standards: sources of light 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. The application materials did not include a Lighting Plan. Should exterior lighting be a part of this facility, all light standards shall be delineated on the plat. (Department of Planning Services) I. The plat shall be amended to delineate the following: 1) The attached Development Standards. (Department of Planning Services) 2) All public rights-of-way with dimensions. (Department of Public Works) 3) The existing fuel tanks,any ditches or easements associated with the proposed USR,the • USR-1546 J &M Partnership 6 dimensions describing meets and bounds of the proposed USR area and any existing or • proposed septic areas. (Departments of Planning Services and Public Works) 4) Setbacks from oil and gas structures as required by Section 23-3-50.E of the Weld County Code shall be delineated on the plat. (Departments of Planning Services) J. 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) 3. Prior to operation: A. If interested,the applicant shall contact the Weld County Sheriffs Office to discuss development of a security plan for the site free of charge. (Sheriffs Office) 4. Upon completion of 1. and 2. 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. In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005, should the plat not be recorded within the required thirty(30)days from the date of the Board of County Commissioners resolution a $50.00 recording continuance charge shall be added for each additional 3 month period. (Department of Planning Services) • 6. 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) 7. 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) i USR-1546 J&M Partnership 7 • SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS J & M Partnership USR-1546 1. The Site Specific Development Plan and Special Use Permit is for uses permitted as a Use by Right, Accessory Use or Use by Special Review in the Commercial or Industrial Zone District (Parking of trucks, trailers, semi-trailers recreational vehicles, construction equipment and farm equipment. Warehousing and storage of equipment, machinery and agricultural supplies. Minor assembling. Repairing, manufacturing, fabricating of agricultural supplies and equipment. All may be for wholesale or retail for sale or lease to the general public.)in the A(Agricultural)Zone District, as indicated in the application materials on file 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. Prior to locating any additional uses on the site, information must be submitted to the Department of Planning Services, the Eaton Fire Protection District and the Department of Building Inspection to determine if the proposed use would constitute a substantial change to the approved Use by Special Review Permit or if additional infrastructure will be required. The information shall include the type of business, copy of a lease if applicable, number of employees, area to be used or leased by the business, and any additional information deemed necessary by the Department of Planning Services. Substantial changes will require an amendment to the Use by Special Review permit. (Department of • Planning Services) 4. Parking spaces including the access drive shall be surfaced with gravel, asphalt, concrete, or the equivalent and shall be graded to prevent drainage problems. (Department of Public Works) 5. 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) 6. As indicated in application materials, the number of employees on site shall not exceed twenty (20). (Department of Planning Services) 7. As indicated in application materials, traffic from the site shall not exceed 40 round trips per day. (Department of Planning Services) 8. The future uses of buildings may be limited by setbacks to oil and gas structures.Section 23-3-50.E of the Weld County Code states "No building or structure, as defined and limited to those occupancies listed as Groups A, B, E, F, H, I, M and R in Section 302.1 of the 2003 International Building Code,shall be constructed within a two-hundred-foot radius of any tank battery or within a one-hundred-fifty-foot radius of any wellhead. Any construction within a two-hundred-foot radius of any tank battery or one- hundred-fifty-foot radius of any wellhead shall require a variance from the terms of Section 23-3-10 of this Code". (Departments of Planning Services) 9. 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) • USR-1546 J&M Partnership 8 10. 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) 11. 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) 12. The applicant shall operate in accordance with the approved "waste handling plan". (Department of Public Health and Environment) 13. 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) 14. The applicant shall comply with all provisions of the Underground and Above Ground Storage Tank Regulations (7 CCR 1101-14). (Department of Public Health and Environment) 15. 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) 16. 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) 17. Adequate handwashing and toilet facilities shall be provided for employees and patrons of the facility. (Department of Public Health and Environment) 18. The handwashing and toilet facilities shall be made available to all users of the site during business hours. (Department of Planning Services) 19. 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) 20. The facility shall utilize the existing public water supply. (North Weld County Water District). (Department of Public Health and Environment) 21. All 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) 22. 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) 23. Effective January 1, 2003, Building Permits issued on the lot will be required to adhere to the fee structure of the County Road Impact Program.(Ordinance 2002-11)(Department of Planning Services) 24. 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) 25. A plan review is required for any additional building. Plans shall bear the wet stamp of a Colorado registered architect or engineer. Two complete sets of plans are required when applying for each permit. (Department of Building Inspection) • USR-1546 J& M Partnership 9 • 26. 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: 2003 International Building Code,2003 International Mechanical Code,2003 International Plumbing Code,2002 National Electrical Code and Chapter 29 of the Weld County Code. (Department of Building Inspection) 27. Each building will 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) 28. Building height, setbacks and offset distance shall be determined by Chapter 23 of the Weld County Code. Separation of buildings of mixed occupancy classifications shall be in accordance with Sec. R309.2 of the International Residential Code. (Department of Building Inspection) 29. Building heights shall be measured in accordance with the Building Code for the purpose of determining the maximum building size and height for various uses and types of construction and to determine compliance with the Bulk Requirements from Chapter 23 of the Weld County Code. Building height shall be measured in accordance with Chapter 23 of the Weld County Code in order to determine compliance with offset and setback requirements. When measuring buildings to determine offset and setback requirements. Offset and setback requirements are measured to the farthest projection from the building. (Department of Building Inspection) 30. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240, Weld County Code. 31. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250, Weld County Code. • 32. Weld County Personnel 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. 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-1546 J&M Partnership 10 • • DEPARTMENT OF PLANNING SERVICES h NORTH OFFICE • 918 10'" Street GREELEY, CO 80631 PHONE: (970)353-6100, Ext. 3540 FAX: (970) 304-6498 SOUTHWEST OFFICE 4209 CR ICE COLORADO 4.5 LON CO88730 PHONE: (720) 6552-4212-421 0, Ext. 8730 FAX: (720) 652-4211 January 24,2006 J&M Partnership do A. Bruce Johnson 801 8'h Ave#220 Greeley CO 80631 Subject: USR-1546- Request for A Site Specific Development Plan and Special Review Permit for uses permitted as a Use by Right,Accessory Use or Use by Special Review in the Commercial or Industrial Zone District (Parking of trucks,trailers,semi-trailers,recreational vehicles,construction equipment and farm equipment. Warehousing and storage of equipment,machinery and agricultural supplies.Minor assembling.Repairing manufacturing,fabricating of agricultural supplies and equipment. All may be for wholesale or retail for sale or lease to the general public.) In the A(Agricultural)Zone District on a parcel of land described as Part of the SW4 of Section 20,TUN, R65W of the 6th P.M., Weld County, Colorado. Dear Applicant: 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 4,2006, 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 Eaton and Greeley Planning Commission for their review and comments. Please call Eaton at 970-454-3338 and Greeley at 970-350-9780 for further details regarding the date,time, and place of this meeting. It is recommended that you and/ora representative be in attendance at the Eaton and 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. • Res ectfully, S eri ockman Planner Page 1 of 1 • S Sheri Lockman To: abjohnson@ctos.com Subject: J & M Partnership Good morning. I am working on the USR for Mr. Monson. We will need evidence that Mr. Monson has the authority to sign for J & M Partnership. If a corporation is the fee ownr, notarized evidence must be included indicating that the signatory has the legal authority to sign for the corporation. Also, the fee for this application should be $2500. Can you please forward an additional $1300. I hate to ask, but, who did you speak to when you turned in the application? S • 12/16/2005 • Page l of l • Sheri Lockman • From: Sheri Lockman Sent: Tuesday, December 20, 2005 9:16 AM To: 'abjohnson@ctos.com' Subject: J & M Partnership Good morning. I spoke to Chris about the fee for the USR. He does not remember discussing the fee with you but he apologizes if he inadvertently misquoted the amount due. However, the Board of County Commissioners has raised the amount for a USR of this type to $2500. Also, please submit the paperwork showing who the members of the LLP are. I believe you indicated you had this. I have one final request. To ensure that their are fewer misunderstandings between our offices, please make all correspondence in a written form (e-mail/fax/letter)that we can both refer to if a problem arises. Thank you. • 12/20/2005 • • Page l of l Sheri Lockman • From: Sheri Lockman Sent: Tuesday, January 03, 2006 9:11 AM To: 'abjohnson@ctos.com' Subject: Monson USR Good morning. I noticed that the Monson file is still in our office. I am going to put the file at the front desk for pick- up. Our office does not want the responsibility should the file become lost or damaged. Just ask the ladies at the front desk and they will get it for you. • • 01/03/2006 • Page 1 of l • Sheri Lockman From: Voneen Macklin Sent: Tuesday, January 24, 2006 10:33 AM To: abjohnson@ctos.com Cc: Sheri Lockman Subject: J&M Partnership application Mr.. Johnson, In setting up the case file for J&M Partnership I noticed there were no addresses for the mineral owners. I need to get addresses for these owners in order to complete the application process and begin the referral time frame. If you could provide those to me by today that would be fantastic. The three mineral owners indicated were Duke Energy, Monson Brothers and Petroleum Development. Please let me know if there are any questions. Thank you again for your time. Voneen Macklin Planning Technician Weld County Colorado 970-353-6100 X3519 I 01/24/2006 Page 1 of 1 • • Sheri Lockman • From: Sheri Lockman Sent: Wednesday, March 01, 2006 3:14 PM To: 'abjohnson@ctos.com' Subject: J & M Partnership USR Just a reminder. Our office is waiting for the appropriate addresses for the mineral owners for USR-1546. This information was inadvertently left out of the application materials. Our office is required by code to notify the mineral owners at least ten days prior to the Planning Commission hearing. Also, in accordance with Colorado Revised Statute, C.R.S.24-65-5-103, the applicant is required to send a certified notice to the mineral owners at least 30 days prior to the Planning Commission hearing (Sunday, March 5). Evidence that this notification was completed will be required. If these notification requirements are not met, our office will have no option but to ask for a continuance at the Planning Commission hearing. • • 03/01/2006 Mar 01 06 05: 19p Bruce Johnson 9352 8761 p, 1 • a. bruce -Suite 220 Q ? E& ASryOCI601 8th Sir(9�\Jt\v(VJ j,,([Z\AND RES SPECIALISTS ® Cr FAX(970)352-8761 Fax Transmittal Sheet vf/Jpyz.k / Number of pages (including cover sheet) '- DATE: -7-- / r t7 (� TO: • COMPANY: •t o FAX#: 3c (� — ( t t b From: A. Bruce Johnson & Associates, LTD—Fax (970) 352-8761 J MESSAGE 1/1 CAI i� t oz -Yt,al- ( ,6 ri/. c jaS/ • /! �l (•� '-c l J. .� -t 27/4'' / • -- /�Y7 C.i _-r etc ,1' r 14 /7 r eee St a Z / -±S___eye,_-rt-C-e--e-k If you experience trouble with this transmission, please call as soon as possible. This message is intended only for the use of the individual or entity to which it is addressed and may contain infonnation that is privileged,confidential and exempt from disclosure under applicable law. If the reader of this message is not the intended recipient,or the employee or agent responsible for delivering to the intended recipient,you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error,please notify us immediately by telephone,and return the original message to us at the address above via U.S. Postal Service. / tr Colorado-Nebraska-Wyoming • tuna&Ranch • W� — Sales • Exchanges • Minerals • Consulting • Page 1 of 1 • Sheri Lockman From: Sheri Lockman Sent: Thursday, March 02, 2006 7:46 AM To: 'abjohnson@ctos.com' Thank you for forwarding the evidence of notification of mineral interests. I will send out our notification today. • • 03/02/2006 Page 1 of 1 Sheri Lockman • From: Sheri Lockman Sent: Friday, March 03, 2006 12:15 PM To: 'abjohnson@ctos.com' Subject: USR-1546 Can you please describe the businesses that are currently being operated from the site. What do they manufacture/store/sell? Are they selling retail or wholesale? Number of employees?Area or building that they occupy/lease?We are trying to determine what improvements should be required and this information would be very helpful. Fax your response to 304-6498 if you do not feel comfortable responding to my e-mail. Thanks. • • 03/06/2006 Mar 10 06 11 : 24p Br� Johnson 970 352 8761 p _ 1 • cs- brace OHNTSON & ASSOCIATES 80h 8th Street-Suite 220 j v A\J Greeley, Colorado 80631 s ® Cr (970)356-6110 ' F1570)352-876 AND RESOURCE SPECIALISTS Fax Transmittal Sheet Number of pages (including cover sheet)_ DATE: 3 — /6 ._ 7 TO: j-kft-C, COMPANY: /9-6uc t. . k.9zeip FAX #: o_ qf From: A. Bruce Johnson & Associates, LTD — Fax (970) 352-8761 MESSAGE ,(1 '3 fi r44_ IA_([(-1 , XY-t' ( , X24-e.a2-`i/ “tf ll-c � • - ti 4,-- mutert-tit (X AAA i-- pa a., , k )4, Z � lei t 9 ` ems— c-we-te r P-i� .-davit— kiln-t tu, � tc,":: e ? e to 4144_-? —7--to b�t,.p%s fl.. -ze i /. , -El* F' ./GL 1,L1�Cit-e, If you experience trouble with this transmission, please call as soon as possible. • This message is intended only for the use of the individual or entity to which it is addressed and may contain information that is privileged, confidential and exempt from disclosure under applicable law. If the reader of this message is not the intended recipient,or the employee or agent responsible for delivering to the intended recipient,you are hereby notified that any dissemination,distribution or copying of this cotmnunication is strictly prohibited. If you have received this communication in error,please notify us immediately by telephone, and return the original message to us at the address above via O.S. Postal Service e7,ft/,.ice.,. Colorado-Nebraska-Wyoming • Tian)&Ranch • Water Sales • Exchanges • Minerals • Consulting • • Page 1 of 1 Sheri Lockman • From: Sheri Lockman Sent: Monday, March 20, 2006 12:11 PM To: 'abjohnson@ctos.com' Subject: J&M Partnership Good morning. I received the County's mineral notification from Petroleum Development Corporation back as undeliverable. You had forwarded the letters you mailed as evidence that the mineral owners were notified. We used the addresses you gave us to complete the County's mineral notification requirements. The address for Petroleum must still be the old address. Please forward the correct address. County Code requires notification 10 days before the hearing. If we can not send out the notification by Friday the 24th of March, we will have no option but to continue the case. Also, please forward copies of the return receipts showing that Monson Bros. and Petroleum Development Corp. did receive your notifications. Thanks you. • • 03/20/2006 • PLANNING COMMISSIONERS' SIGN POSTING CERTIFICATE THE LAST DAY TO POST THE SIGN IS MARCH 25, 2006. 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, SHERI LOCKMAN, 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-1546 IN THE A (AGRICULTURAL) ZONE DISTRICT. SHERI LOCKMAN Name of Person Posting Sign r. • Signature of Person Posting Sign STATE OF COLORADO )ss. COUNTY OF WELD The foregoing instrument was subscribed and sworn to me this) / day of I i , 200 WITNESS my hand and official seal. IULCLQ 4 J 1e. BILLIE J. MOORE Notary Public NOTARY PUBLIC STATE OF COLORADO My Commission Expires: /670:94 - i 4 ' ' �� Y t dit 1. ,fi "‘ 1441, 4 .0 . -,, • I' lir . I 1 411; - i 4: I s-r 1141" .... 1011 0 1 I iti ffit 14 4(t itcd, ot,, 4 ,sl bl kir, ; I li 1 1, 4+. IF 5 ... 4 ii tip 4. .. . At i . .. ,. . . 1/4 , . •. _ t. . . cr. a ( .• N41 ss 4Adik I 11444 k f . • ' - % • -• , ,,,, ,, .04 1 i IP l , # I �•••......... . , _ �_ice_-�. � r ; I '�. ��'�I !• ,s ' I � ,� v l . •! '� Yid . *, _ ; i 4 i: 0 itere:1 r, ; --- - i 4 A . , _ ii ,, ,.. , 44 • Ili/ •r/r ''� • s I .' 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[ .• • •. ; ` 4 triraMir- •0 = 61 a yy i ;I ` 1. e, 1 ( _ . , - - O -L1- ill I I• * ��- � � (1 -�. \\1j -' _ - I < 1 I • . 44. S r FIELD CHECK Inspection Date: i 03/0� 5 PLANNER: S Lockman APPLICANT: J & M Partnership CASE#: USR-1546 REQUEST: A Site Specific Development Plan and a Special Review Permit for uses permitted as a Use by Right, Accessory Use or Use by Special Review in the Commercial or Industrial Zone District(Parking of trucks, trailers, semi-trailers recreational vehicles, construction equipment and farm equipment. Warehousing and storage of equipment, machinery and agricultural supplies. Minor assembling. Repairing, manufacturing, fabricating of agricultural supplies and equipment. All may be for wholesale or retail for sale or lease to the general public.) in the A(Agricultural)Zone District. LEGAL: Part of the SW4 Section 20, T6N, R65W of the 6th P.M., Weld County, CO LOCATION: East of and adjacent to County Road 39 and north of and adjacent to County Road 66 PARCEL ID #: 0803 20 000017 ACRES: 151 +/- Zoning Land Use N Agricultural N /,1 _cj , f iL E Agricultural E P{ If I t lJL0.l s Industrial S W Agricultural W /i9"ri god/fiod tiltuv ll.�• Comments: JA , .c-c_ /La 0112 /12O a / /LW17 LPJL(2UL ate_ 114) . ataiOtte.. ail,0_ teu0---1-% 4-e--ein-P-9)7)12: Ca /Lp-d etc,, /X 3 fCs XLert 0-41. tie/-- 111-r--e- -Lb de--e 4 /One , a° , Qi acc a, e i A t. « , /a, L, 1- At g G-tunta. JAzul kru i t 0zek , , S / Signature ❑ House(s) ❑ Derelict Vehicles El Outbuilding(s) o Non-commercial junkyard (list components) ❑ Access to Property ❑ Irrigation Sprinkler ❑ Crop Productions ❑ Crops ill ❑ Site Distance ❑ Wetlands o Mobile Home(s) ❑ Oil & Gas Structures o Other Animals On-Site o Wildlife o Water Bodies o Utilities On-Site (transmission lines) o Ditch ❑ Topography Hello