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Home My WebLink About20083029.tiff INVENTORY OF ITEMS FOR CONSIDERATION • App[LaoAt fl4RLEy Case Nuw,.ber LkSR-1&5 submitted or Prepared Prior to At -teav%wy F-teariwa 1 Staff Coot tewts X tepartvwewt of PLawwiwg ser'lees Field Checlz Forri. PLaww%wU Covwwi.isslowe✓ELeLd Check Form. Letter to AppLica wt Affadavit of sL(awpostLwP Legal Notlflcatiows N. 2 Appllcatlow v Maps meedo EasevlitewtCe tifaate Survouvi.dlwg Propertuu ! MLveval Owwevs Lttllltles •N 3 Referral LLst Referrals without covww3rt - Norte --- 4 Referrals wLth oov&vv.ewt Weld County Zoning Compliance, referral received June 3, 2008 X Weld County Department of Building Inspection, referral received June 6, 2008 X Weld County Department of Public Works, referral received June 24, 2008 X Colorado Division of Water Resources, referral received July 1, 2008 X Weld County Department of Public Health & Environment, referral received July 7, X 2008 --- 5 surrouv.diwg Propevtu Owv,ers- Letters C. PC Exklblts 6A Affadavit of sign posting and Photograph (Lai w vfv) X 6B Letter from Rick and Tammie Schaeffer, received November 3, 2008 X 6C Letter from Robert and Sharon Clark, received November 4, 2008 X • 2008-3029 • herebu certL-f that the & fetus LdewtLfed hereLwwere subvvitted to the nepartvwewt of PLavtwLvvc • services at or?rLor to the s eduledPLawwLwgaovwvwLssLowershenrlwy. I Ki i. o Plawvaer • I • �1w • Ilik. COLORADO LAND USE APPLICATION SUMMARY SHEET Case Number: USR-1659 Hearing Date: November 4, 2008 Applicant: DeRoy & Cathy Turley Address: 39790 County Road 68; Briggsdale CO 80611 Request: A Site Specific Development Plan and Use by Special Review for one (1) Single- Family Dwelling Unit Per Lot other than those permitted under Section 23-3-20.A (Section 23-3-40.L) and any use permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the Commercial or Industrial zone districts, provided that the property is not a Lot in an approved or recorded subdivision plat or lots parts of a map or plan filed prior to adoption of any regulations controlling subdivisions (Section 23-3-40.R) (Tank Repair, Agricultural Millwork and a second single family dwelling unit) in the A(Agricultural) Zone District Legal Description: Part of the SE4 NE4 Section 22, T6N, R62W of the 6th P.M., Weld County, Colorado • Location: Approximately % mile South of County Road 68; East of and adjacent to County Road 79.75 Size of Parcel: 40 acres +/- Parcel#: 0797-22-0-00-016 POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS The criteria for review of this Special Review Permit is listed in Section 23-2-220 of the Weld County Code. The Department of Planning Services' staff has received responses from the following agencies: • Weld County Zoning Compliance, referral received June 3, 2008 • Weld County Department of Building Inspection, referral received June 6, 2008 • Weld County Department of Public Works, referral received June 24, 2008 • Colorado Division of Water Resources, referral received July 1, 2008 • Weld County Department of Public Health and Environment, referral received July 7, 2008 The Department of Planning Services' has not received responses from the following agencies: • State of Colorado, Division of Wildlife • Weld County School District 10-J • Briggsdale Fire Protection District EXHIBIT • tva,d,IASR-i(5 3,p2se I a • • �ct � SPECIAL REVIEW PERMIT ADMINISTRATIVE REVIEW COLORADO Planner: Kim Ogle Case Number: USR-1659 Hearing Date: November 4, 2008 Applicant: DeRoy & Cathy Turley Address: 39790 County Road 68; Briggsdale CO 80611 Request: A Site Specific Development Plan and Use by Special Review for one (1) Single- Family Dwelling Unit Per Lot other than those permitted under Section 23-3-20.A (Section 23-3-401) and any use permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the Commercial or Industrial zone districts, provided that the property is not a Lot in an approved or recorded subdivision plat or lots parts of a map or plan filed prior to adoption of any regulations controlling subdivisions (Section 23-3-40.R) (Tank Repair, Agricultural Millwork and a second single family dwelling unit) in the A(Agricultural) Zone District • Legal Description: SE4 NE4 Section 22, T6N, R62W of the 6th P.M., Weld County, Colorado Location: Approximately 1/2 mile South of CR 68; East of and adjacent to CR 79.75 Size of Parcel: • 40 acres +/- Parcel#: 0797-22-0-00-016 SUMMARY: This case began as a zoning violation (violation #ZCV08-00007) for operating a commercial business on the property without having submitted a Use by Special Review application for processing and approval by the Board of County Commissioners. This case has not been presented to the Board of County Commissioners through the Violation hearing process. The applicants are now applying to correct the violation through a Use by Special Review Permit to allow a commercial business to operate in the Agricultural Zone District. The application indicates there are two employees who come to the site on an intermittent basis to pick up parts and do paperwork for the agricultural millwright component. The applicant states that the majority of the tank repairs and agricultural millwright maintenance are done at the customers' site. The second dwelling is for a family member employed with the business. 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. • ruvletf, LAS RI(59,PPye • 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." The parcel is 40 acres in size and is located on dryland native grasses. The facility has been located at this location for several years and encompasses approximately 5 acres of the entire property. The attached Development Standards and Conditions of Approval ensure that this development will be compatible with the surrounding area. B. Section 23-2-220.A.2 --The proposed use is consistent with the intent of the A (Agricultural) Zone District. Section 23-3-20.A(Section 23-3-40.L, the addition of a second single family residence) and any use permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the Commercial or Industrial zone districts, provided that the property is not a Lot in an approved or recorded subdivision plat or lots parts of a map or plan filed prior to adoption of any regulations controlling subdivisions (Section 23- 3-40.R) (Tank Repair, Agricultural Millwork and a second single family dwelling unit) in the A(Agricultural) Zone District. C. Section 23-2-220.A.3 --The uses which will be permitted will be compatible with the existing surrounding land uses. The site is located in rural Weld County. To the West and South are single family residences on similar sized tracts of land; to the North and East are larger tracts of rangeland —native vegetated tracts of land. The attached Development Standards and Conditions of Approval will ensure that the use is • compatible with the existing surrounding land uses. The Department of Planning Services is requiring a Screening Plan be submitted as a condition of approval. D. Section 23-2-220.A.4 --The uses which will be permitted will be compatible with future development of the surrounding area as permitted by the existing zoning and with the future development as projected by Chapter 22 of the Weld County Code and any other applicable code provisions or ordinances in effect, or the adopted Master Plans of affected municipalities. There are no municipalities within three (3) miles of this proposed use. E. The property is not located within an urban growth boundary or an Inter-governmental Agreement Area. Section 23-2-220.A.5 --The application complies with Section 23-5 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.6 --The applicant has demonstrated a diligent effort to conserve prime agricultural land in the locational decision for the proposed use. The property is 40 acres in size of which 5 acres holds the DeRoy and Cathy Turley residence, the second residence, an office and a shop building. Future plans, date uncertain, identify a 60 foot by 40 foot shop building with a 20 x 60 foot lean to for hay storage. The property is not • rw Levy,ASR!.S69,pGIPe • considered to be viable for row crop farming and is more suitable for rangeland as there is not irrigation water attached to this parcel. G. Section 23-2-220.A.7 --The Design Standards (Section 23-2-240, Weld County Code), Operation Standards (Section 23-2-250, Weld County Code), Conditions of Approval and Development Standards ensure that there are adequate provisions for the protection of • health, safety, and welfare of the inhabitants of the neighborhood and County. This recommendation is based, in part, upon a review of the application materials submitted by the applicant, other relevant information regarding the request, and responses from referral entities. The Department of Planning Services' staff recommendation for approval is conditional upon the following: 1. Prior to recording the plat: A. The plat shall be amended to delineate the following: 1. All sheets of the plat shall be labeled USR-1659. (Department of Planning Services) 2. The attached Development Standards. (Department of Planning Services) 3. The approved Screening Plan. (Department of Planning Services) 4. County Roads 79.75 and 68 are designated on the Weld County Road Classification Plan as local gravel roads, which require 60 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. All setbacks shall be measured from the edge of future right-of-way. If the right-of-way cannot be verified, it shall be dedicated. These roads are maintained by Weld County. Pursuant to the definition of SETBACK in the Weld County Zoning (23-1-90), the required setback is measured from the future right-of-way line. (Department of Public Works) B. The applicant shall submit a dust abatement plan, to address vehicle traffic concerns, for review and approval, to the Environmental Health Services, Weld County Department of Public Health & Environment. Written evidence of Department of Public Health and Environment approval shall be provided to the Department of Planning Services. (Department of Public Health & Environment) C. The applicant shall submit a waste handling plan, for approval, to the Environmental Health Services Division of the Weld County Department of Public Health & Environment. The plan shall include at a minimum, the following: 1) A list of wastes which are expected to be generated on site (this should include expected volumes and types of waste generated). 2) A list of the type and volume of chemicals to be stored on site. 3) The waste handler and facility where the waste will be disposed (including the facility name, address, and phone number) " Evidence of Department of Public Health and Environment approval shall be submitted • Tu✓Le ,IASR1 '5),Poas 4 • to the Department of Planning Services. (Department of Public Health & Environment) D. The applicant shall submit evidence to the Department of Planning Services and the Environmental Health Department, from the Colorado Division of Water Resources, demonstrating that the well is appropriately permitted for the business and for a second residence. Evidence of Colorado Division of Water Resources approval shall be submitted to the Department of Planning Services. (Department of Public Health & Environment) E. All septic systems located on the property shall have appropriate permits from the Weld County Department of Public Health & Environment. According to our records the existing septic system permitted as G19732642 was never finaled. A statement of existing and an I.S.D.S. evaluation is required. In the event the system is found to be inadequate, the system must be brought into compliance with current I.S.D.S. regulations. Written evidence of Department of Public Health and Environment approval shall be provided to the Department of Planning Services. (Department of Public Health & Environment) F. The applicant shall submit written evidence from the Department of Building Inspection that all structures associated with the business are in compliance with the 2006 International Building code, and the 2005 National Electric Code as amended. (Department of Building Inspection) G. The applicant shall address the requirements of the Department of Public Works as stated in their referral dated June 23, 2008. Written evidence of such shall be provided to the Department of Planning Services. (Department of Public Works) • H. The applicant shall enter into an Improvements Agreement according to policy regarding collateral for improvements and post adequate collateral for all required improvements. The improvements agreement will not be needed if the necessary improvements are done to the satisfaction of the Department of Public Works and the Department of Planning Services. (Department of Planning Services) 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 applicant provide a digital copy of this Use by Special Review. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles, Arclnfo Coverages and Arclnfo Export files format type is .e00. The preferred format for Images is .tif(Group 4). (Group 6 is not acceptable). This digital file may be sent to maps@co.weld.co.us. (Department of Planning Services) 4. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder. (Department of Planning Services) rurle�u,uszt s65,pa?o s • SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS John & Cathy Turley USR-1659 1. The Site Specific Development Plan and Use by Special Review for one (1) Single-Family Dwelling Unit Per Lot other than those permitted under Section 23-3-20.A (Section 23-3-40.L, the addition of a second single family residence) and any use permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the Commercial or Industrial zone districts, (Section 23-3-40.R) (Tank Repair, Agricultural Millwork and a second single family dwelling unit) 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. Hours of operation for the office shall be 7AM until 5PM, Monday through Friday with all other non-office activities associated with the business occurring during daylight hours. (Department of Planning Services) 4. Employees shall be limited to five persons. (Department of Planning Services) 5. 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) • 6. 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) 7. 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) 8. The facility shall operate in accordance with the approved "waste handling plan". (Department of Public Health and Environment) 9. The facility shall be operated in accordance with the approved "dust abatement plan" at all times. (Department of Public Health and Environment) 10. 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) 11. 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) 12. Adequate handwashing & toilet facilities shall be provided for the employees and patrons of the facility, at all times. (Department of Public Health and Environment) • rurLej.usz.65,1 gefi • 13. 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) 14. A permanent, adequate water supply shall be provided for drinking purposes. (Department of Public Health and Environment) 15. This application is proposing a well as its source of water. The applicant should be made aware that while they may be able to obtain a well permit from the Office of the State Engineer, Division of Water Resources, the quantity of water available for usage may be limited to specific uses, i.e. commercial use only, etc. Also, the applicant should be made aware that groundwater may not meet all drinking water standards as defined by the Colorado Department of Public Health and Environment. We strongly encourage the applicant to test their drinking water prior to consumption and periodically test it over time. (Department of Public Health and Environment) 16. Building permits shall be obtained prior to the construction of any new building. Buildings may require an engineered foundation based on a site-specific geotechnical report or an open hole inspection performed by a Colorado registered engineer. Engineered foundations shall be designed by a Colorado registered engineer. (Department of Building Inspection) 17. Buildings shall conform to the requirements of the codes adopted by Weld County at the time of permit application. (Department of Building Inspection) 18. A plan review must be approved and a permit must be issued prior to the start of construction. (Department of Building Inspection) • 19. Setback and offset distances shall be determined by the Zoning Ordinance. (Department of Building Inspection) 20. The 2006 International Building, Residential, Plumbing, Mechanical, Fuel Gas Codes, the 2005 National Electrical Code (adopting 2008 NEC &2006 International Energy Conservation Code July 2008) and Chapter 23 of the Weld County Code are being enforced, as amended. (Department of Building Inspection) 21. A letter of approval from the Briggsdale Fire Protection District shall be provided to the Department of Building Inspection prior to applying for any building permits. (Department of Building Inspection) 22. Effective January 1, 2003, Building Permits issued on the proposed lots will be required to adhere to the fee structure of the Weld County Road Impact Program. (Ordinance 2002-11) (Department of Planning Services) 23. 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) 24. The applicant must take into consideration storm water quantity capture and provide accordingly for best management practices. (Department of Public Works) 25. Both approaches from County Road 39.75 shall be graded and drained to provide an all-weather access to the site. (Department of Public Works) ry ieu, uswsEy.page? • 26. The applicant is showing a bermed water quality capture feature on the property, which meets the Department of Public Works requirements. (Department of Public Works) 27. 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) 28. The parking and storage area for equipment and outdoor storage tanks shall be surfaced with gravel or the equivalent and shall be graded to prevent drainage problems. (Department of Public Works) 29. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240, Weld County Code. 30. • The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250, Weld County Code. 31. Personnel from the Weld County Government shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Development Standards stated herein and all applicable Weld County regulations. 32. The operation shall comply with all applicable rules and regulations of the State and Federal agencies and the Weld County Code. (Department of Public Health & Environment) 33. The Special Review area shall be limited to the plans shown hereon and governed by the foregoing standards and all applicable Weld County regulations. Substantial changes from the • plans or Development Standards as shown or stated shall require the approval of an amendment of the Permit by the Weld County Board of County Commissioners before such changes from the plans or Development Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 34. The property owner or operator shall be responsible for complying with all of the foregoing Development Standards. Noncompliance with any of the foregoing Development Standards may be reason for revocation of the Permit by the Board of County Commissioners. • rv.le�u, usRIR59,P Oe R DEPARTMENT OF PLANNING SERVICES • NORTH OFFICE 918 10TH Street GREE LEY, 80631 10 PHONE: (970) REEL 00,COOExt. 3540 FAX: (970) 304-6498 COLORADO October 14,2008 DeRoy&Cathy Turley 39790 CR 68 Briggsdale CO 80611 Subject: USR-1659-A Site Specific Development Plan and Use by Special Review for one(1)Single-Family Dwelling Unit Per Lot other than those permitted under Section 23-3-20.A(Section 23-3-40.L)and any use permitted as a Use by Right, An Accessory Use, or a Use by Special Review in the Commercial or Industrial Zone Districts, provided that the property is not a Lot in an approved or recorded subdivision plat or lots parts of a map or plan filed prior to adoption of any regulations controlling subdivisions(Section 23-3-40.R)(Tank Repair,Agricultural Millwork and a second single family dwelling unit)on a parcel of land described as SE4 NE4 Section 22,T6N, R62W of the 6th P.M.,Weld County, Colorado. • Dear Applicants: I have scheduled a meeting with the Weld County Planning Commission on November 4, 2008, at 1:30 p.m. This meeting will take place in the Hearing Room, North Weld Planning Department, 918 10'Street, Greeley, Colorado. A subsequent hearing will be held on November 19, 2008 at 10:00 a.m., in the Chambers of the Board of County Commissioners, Weld County Centennial Center, 915 10'"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 prior to the scheduled Planning Commission Hearing. If you have any questions concerning this matter, please call. Re ec ully, Kim• gle • Plann • • DEPARTMENT OF PLANNING SERVICES *it NORTH OFFICE 918 10TH Street • GREELEY, CO 83541 PHONE: (970) 353-61010 0, Ext. 3540 FAX: (970) 304-6498 COLORADO June 2, 2008 DeRoy&Cathy Turley 39790 CR 68 Briggsdale CO 80611 Subject: USR-1659- Request for a A Site Specific Development Plan and Use by Special Review for one (1) Single-Family Dwelling Unit Per Lot other than those permitted under Section 23-3-20.A (Section 23-3-40.L) and any use permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the Commercial or Industrial zone districts, provided that the property is not a Lot in an approved or recorded subdivision plat or lots parts of a map or plan filed prior to adoption of any regulations controlling subdivisions(Section 23-3-40.R)(Tank Repair,Agricultural Millwork and a second single family dwelling unit)on a parcel of land described as SE4 NE4 Section 22, T6N, R62W 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. If you have any questions concerning this application, please call. Respe ully, Kir�.,gle • Plann- • PLANNING COMMISSIONERS' SIGN POSTING CERTIFICATE THE LAST DAY TO POST THE SIGN IS OCTOBER 24, 2008 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, KIM OGLE, HEREBY CERTIFY UNDER PENALTIES OF PERJURY THAT THE SIGN WAS POSTED ON THE PROPERTY AT LEAST TEN DAYS BEFORE THE PLANNING COMMISSIONERS HEARING FOR A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW FOR ONE (1) SINGLE-FAMILY DWELLING UNIT PER LOT OTHER THAN THOSE PERMITTED UNDER SECTION 23-3-20.A (SECTION 23- 3-40.L) AND ANY USE PERMITTED AS A USE BY RIGHT, AN ACCESSORY USE, OR A USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS, (SECTION 23-3-40.R) (TANK REPAIR, AGRICULTURAL MILLWORK AND A SECOND SINGLE FAMILY DWELLING UNIT) IN THE A (AGRICULTURAL) ZONE DISTRICT. KIM OGLE • Name of Person Posting Sign Si> t of Person Posting Sign STATE OF COLORADO ) ss. COUNTY OF WELD The foregoing instrument was subscribe. -:-': ^". c‘o me thin day of AktAnb2� 2008. WITNESS my hand and officio ::y�1pI.IN(OcS'1o1 *OT ARC'/ No ary Public II-41 O% /� t� cc0FC0t0�• / ' My Commission Expires: 1�agl 00 • EXHIBIT (OA • :_ _ __ __ ... • ., . . . ,,,,Itpl . ! I -4 i ' .- " t , ,, , , ;I' I. • -0 N , h : -, 40- ., • ict , ., (.) _ . . .., --, . ----:: . -- -- - . I : ‘• P. :4- e . ki`li • . -- • 0. }, tir 4� \Y 0 N a liPlii°rig I . . pit •_ � � 4N W � irta -.-- L. •.... (I) ithjk rf.L '!/ Ur CI) 0 (1)(i) rik al ' ..... c .. _ ,... .. _ irn Nor fit Or Cialtil. - / iiii � Q _ 0ire4, 0 •ea c) ala, 6 Z ZUN II3 . __ ,Mt MI. no e CO Usl Illi or 4 = a, W .� fit' 'Ai..;1:114.: 'r C �i �, {Y li i ism. i . ci.. 0 cisV . Iwoco D • ii! E. ri co c 8.....; I I @ a) N o a U Li. , y. e� ` — • aCC 1-"•\ .r {, • if. .'1 ' .' 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C) it WV O C 4:• s 4 O It. t miC Z ti.. . 111111 4 co O O C O t 4 •• 00. _ W o O_ . - co • co a) O c� O valed • 1 r.. 0 Off) N- - CJ O L c , - - _ 0 4.1 . v = "S - • OO 0 N O • 0 0 I co /. c rr U E 0 4- • • a) Ibe IAI 6 rs :.** DEPARTMENT OF PLANNING SERVICES Greeley Planning Office 918 Tenth Street Greeley, Colorado 80631 ' WEBSITE: www.co.weld.co.us � E-MAIL: kogle@co.weld.co.us 49 W PHONE(970)353-6100, EXT. 3549 FAX(970) 304-6498 COLORADO April 23, 2008 Cathy& Roy Turley 39790 County Road 68 Briggsdale, CO 80611 Subject: Pre-Submittal Application Comments—7 day Completeness Review Dear Cathy& Roy Turley: • The Departments of Public Health and Environment, Public Works and Planning are in receipt of the pre-application sketch plan application packets dated April 7, 2008. Departmental staff has completed their review and offer the following comments: Environmental Health 1]. Clarification is sought in the establishment of conversion of the domestic well to a commercial well. This requirement addresses on-site employees, even if ever so briefly. Applicant should contact the State Engineers Office to deem if supportable and if required. Public Works 1]. Concerns from this referral agency have been outlined in a Memorandum to Planning Services dated April 23, 2008 and have been included in this letter. Planning 1]. Continue to work on attaining agreements from Oil and Gas Lease holders and the adjacent irrigation ditch. Staff will require at a minimum a Memorandum of Understanding from each of these entities prior to scheduling the Planning Commission hearing. This document is requested to be included the application materials. • Staff will accept the Site Specific Development Plan and Special Use Permit for the Turley • Family when the above referenced concerns are answered or otherwise addressed. Please note, staff comments made during the pre-application phase of the application procedure may not be all inclusive, as other concerns or issues may arise during the remaining application process. Please contact this office should you have additional questions or concerns. Thank you. Sincerely, Kim Ogle Planning Manager ec: L.Light,Environmental Health D.Dunker,Public Works File: Pre-Application Turley 2008 • • • MEMORANDUM TO: Kim Ogle, Planning Services DATE: April 23, 2008 FROM: Donald Carroll, Engineering Administrator SUBJECT: Pre-Submittal, DeRoy and Cathy Turley I have reviewed the pre-submittal application, the Public Works Department shall be looking for four critical items: ➢ Site Plan Review ➢ Traffic Study ➢ Preliminary Drainage Report ➢ Geotechnical Soils Report Site Plan Review: There are two (2) existing accesses, show existing drainage culverts at driveways, circulation and gravel driveway are identifying, show the proposed truck/semi vehicle and trailer parking area on the plat. The other additional items to be shown are the tank storage area, and show how the site drain with flow arrows to the ( Water Quality Capture Feature) on the plat. • Traffic Study: The Weld County Public works has waived the traffic study requirement. Preliminary Drainage Report: The applicant needs to show how the site drain, using flow arrows to the Water Quality Capture Feature. Weld County Public Works will review and comment on the submittal. Don Dunker, Senior Engineer will review this item. Geotechnical Soils Report: The applicant has provided a soils survey from the West Greeley Conservation District for review and comment. Don Dunker will also review this item. The four critical items have been included in the pre-submittal applicant. Summary: Add the additional site plan items to the plat drawing and follow-up with Don Dunker, Senior Engineer on the drainage and soil items. The Public Works Department feels that the applicant can submit the applicant as the four items are in place with very little follow- up. pc: Pre-Submittal- DeRoy and Cathy Turley, Storage Tanks/Ag. Maint. Business M:'iPLANNING—DEVELOPMENT REVIEWIPRESUBMITTALS'DeRoy and Cathy Tudey.doc FIELD CHECK 0 CASE NUMBER: USR-1659 DATE OF INSPECTION: g-go/4 or APPLICANT'S NAME: DeRoy& Cathy Turley PLANNER: Kim Ogle REQUEST: A Site Specific Development Plan and Use by Special Review for one(1)Single-Family Dwelling Unit Per Lot other than those permitted under Section 23-3-20.A(Section 23-3-40.L)and any use permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the Commercial or Industrial zone districts, provided that the property is not a Lot in an approved or recorded subdivision plat or lots parts of a map or plan filed prior to adoption of any regulations controlling subdivisions(Section 23-3-40.R)(Tank Repair,Agricultural Millwork and a second single family dwelling unit). LEGAL DESCRIPTION: SE4 NE4 Section 22, T6N, R62Wof the 6th P.M., Weld County, Colorado. LOCATION: Approximately Y mile South of CR 68; East of and adjacent to CR 79.75. LAND USE: N E S W t- • ZONING: N A(Agricultural) E A (Agricultural) S A (Agricultural) W A(Agricultural) COMMENTS:/ ._(t [a y�t 41 1 <e>rf /G-1r2ed Ca -- /)u.e X bcp-a ltat rand' /uc.!'-4 (/cAce act fa-eci ACte% A i/?z 7{7?ile • T. Honn/A. Siron - Planning Services FIELD CHECK Inspection Date: October • Applicant: DeRoy&Cathy Turley Address: 39790 County Road 68; Briggsdale CO 80611 Request: A Site Specific Development Plan and Use by Special Review for one (1) Single-Family Dwelling Unit Per Lot other than those permitted under Section 23-3-20.A (Section 23-3- 401) and any use permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the Commercial or Industrial zone districts, provided that the property is not a Lot in an approved or recorded subdivision plat or lots parts of a map or plan filed prior to adoption of any regulations controlling subdivisions (Section 23-3-40.R) (Tank Repair, Agricultural Millwork and a second single family dwelling unit) in the A (Agricultural) Zone District Legal Description: Part of the SE4 NE4 Section 22,T6N, R62W of the 6th P.M.,Weld County, Colorado Location: Approximately 1/2 mile South of County Road 68; East of and adjacent to County Road 79.75 Size of Parcel: 40 acres+/- Parcel#: 0797-22-0-00-016 Zoning Land Use N AG N Agricultural with dryland crops + house E AG E Agricultural with dryland crops + house • S AG S Agricultural with dryland crops + house W AG W Agricultural with dryland crops + house Comments: To the West and South are single family residences on similar sized tracts of land; to the North and East are larger tracts of rangeland— native vegetated tracts of land. Graded and drained gravel access road. The site has one stick built house, one mobile home and several outbuildings. The area with the tanks is to the east of the single family residence. The area is landscaped. Th re are .-v:ral areas of outside storage which will require screening if remain in place. Signature /House(s) d Derelict Vehicles tteOutbuilding(s) o Non-commercial junkyard (list components) /Access to Property n Irrigation Sprinkler ❑ Crop Productions ❑ Crops f Site Distance ❑ Wetlands /Mobile Home(s) ❑ Oil & Gas Structures ,r Other Animals On-Site ❑ Wildlife • ❑ Water Bodies o Utilities On-Site (transmission lines) ❑ Ditch o Topography Y Note any commercial business/commercial vehicles that are operating from the site. Hello