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Home My WebLink About20082239.tiff INVENTORY OF ITEMS FOR CONSIDERATION • Applicant Gerald & Beverly Ewing Case Number USR-1655 Submitted or Prepared Prior to At Hearing Hearing 1 Staff Comments X Department of Planning Services Field Check Form X Letter to Applicant X Legal Notifications X 2 Application X Maps X Deed/Easement Certificate Surrounding Property/Mineral Owners X Utilities -.4 3 Referral List X Referrals without comment X Larimer County Planning referral received May 15,2008 X ti Weld RE-9 School District referral received May 7, 2008 X • Kim Ogle—Department of Planning Services landscape referral received May 5, X 2008 4 Referrals with comments X Weld County Department of Public Works referral received 5/14/2008 X Weld County Department of Public Health and Environment referral received X 6/4/2008(2 pages) Weld County Department of Building Inspection referral received May 15, 2008 X `" Weld County Department of Building Inspection referral received June 10,2008 X Weld County Zoning Compliance Officer referral received May 1, 2008 X Weld County Zoning Compliance Officer referral received June 11, 2008 X U.S. Department of JusticeBureau of Alcohol Tobacco and Firearms referral X received May 6, 2008 Office of State Engineer—Division of Water Resources referral received May 13, 2008 5 Surrounding Property Owners/Mineral Owners -Letters 6 PC Exhibits `1 6A Sign posting affidavit (J,^.. X u Jl.. l�rwW4�-i� • EXHIBIT l62 #I1055 2008-2239 • I hereby certify that the 16 items identified herein were submitted to the Department of Planning Services at or prior to the . scheduled Planning Commissioners hearing. 1 ± ,,11 Chris Gathman •:• Planner • • • Utz COLORADO LAND USE APPLICATION SUMMARY SHEET Case Number: USR-1655 Hearing Date: August 5, 2008 Applicant: Gerald & Beverly Ewing Address: 7406 County Road 100, Wellington, CO 80624 Request: A Site Specific Development Plan and a Special Review Permit for a home business (Bullet Casting Business) in the A(Agricultural)Zone District Legal Description: E2SW4 of Section 29, Township 9 North, Range 67 West of the 6th P.M., Weld County, Colorado Location: North of and adjacent to County Road 100 and approximately 1/2 mile west of County Road 17 • Size of Parcel: +/- 79 acres POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS The criteria for review of this Special Review Permit are listed in Section 23-2-220 of the Weld County Code. The Department of Planning Services' staff has received responses from the following agencies: • Weld County Zoning Compliance, referral received 5/1/2008 and 6/11/2008 • Weld County Department of Public Health and Environment, referral received 6/4/2008 • Weld County Department of Public Works, referral received 5/14/2008 • Weld County Department of Building Inspection, referrals received 5/15/2008 and 6/10/2008 • Weld RE-9 School District, referral received 5/8/2008 • Office of State Engineer—Division of Water Resources, referral received 5/13/2008 • Larimer County Planning, referral received 5/15/2008 • Department of Planning Services—landscape referral received 5/5/2008 The Department of Planning Services' staff has not received responses from the following agencies: Nunn Fire Protection District Colorado Division of Wildlife Weld County Sheriffs Office • EXHIBIT 1 Ewing USR-1655 a I n • ferrn SPECIAL REVIEW PERMIT ADMINISTRATIVE REVIEW COLORADO Planner: C. Gathman Case Number: USR-1655 Hearing Date: August 5, 2008 Applicant: Gerald & Beverly Ewing Address: 7406 County Road 100, Wellington, CO 80624 Request: A Site Specific Development Plan and a Special Review Permit for a home business (Bullet Casting Business) in the(A)Agricultural Zone District Legal Description: E2SW4 of Section 29, Township 9 North, Range 67 West of the 6th P.M., Weld County, Colorado Location: North of and adjacent to County Road 100 and approximately 1/2 mile west of County Road 17 • Parcel Size: +/- 79 acres Parcel Number: 0453 29 300019 Land Use Summary: According to the application, the applicant proposes to run a bullet casting business in which lead is melted and poured into forms to make bullets and later boxed for wholesale sales to gun stores, gun clubs and sales on the internet. Delivery trucks would access the site approximately 2 times per month to pick up the finished product. The operation and storage of products will occur within an existing outbuilding on the property. 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. of the Weld County Code states: "Conversion of agricultural land to nonurban residential, commercial and industrial uses will be accommodated when • 2 Ewing USR-1655 • the subject site is in an area that can support such development. Such development shall attempt to be compatible with the region. This goal is intended to address conversion of agricultural land to nonurban uses. Once converted, this land is less conducive to agricultural production." The parcel is approximately 79 acres in size with existing improvements. The proposed operation will be conducted within existing buildings. There will be no outside storage of vehicles and equipment associated with the business with the exception of a % ton pickup and utility trailer. The USR boundary only encompasses approximately 5 acres. B. Section 23-2-220.A.2 --The proposed use is consistent with the intent of the A (Agricultural) Zone District. Section 23-3-40.0 of the Weld County Code provides for Home Businesses as a Use by Special Review in the A(Agricultural) Zone District. C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing surrounding land uses. The two nearest single family residences are located approximately 1/8 mile to the east and west of the site. There is a single family residence located approximately '/ mile to the southeast (south of County Road 100) and approximately 1/2 mile to the north. This use meets the Home Business Definition of the Weld County Code. The home business criteria outlined in Section 23-1-90 are: 1) The use is conducted primarily within a dwelling unit or accessory structure and principally carried on by the family resident therein and • 2) Such use is clearly incidental and secondary to the principal permitted use and shall not change the character thereof. Attached Conditions of Approval and Development Standards will ensure that the proposed use is compatible with the surrounding area. D. Section 23-2-220.A.4--The uses which will be permitted will be compatible with future development of the surrounding area as permitted by the existing zoning and with the future development as projected by Chapter 22 of the Weld County Code and any other applicable code provisions or ordinances in effect, or the adopted Master Plans of affected municipalities. The site is not located within a three-mile referral area nor intergovernmental agreement/urban growth boundary of any municipalities. E. Section 23-2-220.A.5 --The application complies with Article V, Divisions 1, 2, 3 and 4 of the Weld County Code. Effective January 1, 2003, Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County Road Impact Program. (Ordinance 2002-11) Effective August 1, 2005, Building permits issued on the subject site will be required to adhere to the fee structure of the Capital Expansion Impact Fee and the Stormwater/Drainage Impact Fee. (Ordinance 2005-8 Section 5-8-40) F. Section 23-2-220.A.5--The site does not lie within any Overlay Districts. • 3 Ewing USR-1655 • G. Section 23-2-220.A.6 --The applicant has demonstrated a diligent effort to conserve prime agricultural land in the locational decision for the proposed use. The parcel is five acres with an existing residence and outbuilding. No additional improvements are proposed for this site. H. Section 23-2-220.A.7 --The Design Standards (Section 23-2-240, Weld County Code), Operation Standards (Section 23-2-250, Weld County Code), Conditions of Approval and Development Standards ensure that there are adequate provisions for the protection of health, safety, and welfare of the inhabitants of the neighborhood and County. 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. Provide written evidence to the Department of Planning Services that a building permit for change in use of the building where the bullet casting operation will occur has been applied for. (Department of Planning Services/Department of Building Inspection) B. The plat shall be amended to delineate the following: 1. The plat shall comply with Section 23-2-260.D of the Weld County Code. (Department of Planning Services) • 2. The attached Development Standards. (Department of Planning Services) 3. All sheets of the plat shall be labeled USR-1655. (Department of Planning Services) C. 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 sixty (60)days from the date of the Board of County Commissioners resolution. The applicant shall be responsible for paying the recording fee. (Department of Planning Services) 3. The Department of Planning Services respectively requests the surveyor provide a digital copy of this Use by Special Review. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles, Arclnfo Coverages and Arclnfo Export files format type is .e00. The preferred format for Images is .tif(Group 4). (Group 6 is not acceptable). This digital file may be sent to maps(a�co.weld.co.us. (Department of Planning Services) • 4 Ewing USR-1655 • 4. Prior to Operation: A. The applicant shall obtain a Federal firearms license (Type 06)to manufacture ammunition/cast bullets. (Bureau of Alcohol, Tobacco and Firearms) 5. 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 Ewing USR-1655 • SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Gerald & Beverly Ewing USR-1655 1. The Site Specific Development Plan and Special Use Permit is for a home business (Bullet Casting Business) 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. This use shall meet the criteria of a Home Business per Section 23-1-90. These criteria are: 1) The use is conducted primarily within a dwelling unit or accessory structure and principally carried on by the family resident therein and 2) Such use is clearly incidental and secondary to the principal permitted use and shall not change the character thereof. 4. All vehicles and trailers associated with this use (one ' ton pick up and one 7,000 lb rated utility trailer) shall be currently licensed. (Department of Planning Services) 5. Outdoor storage shall be limited to one truck and one trailer as stated in the application materials. (Department of Planning Services) • 6. Hours of operation shall be limited to 7:00 AM to 10:00 PM. (Department of Planning Services) 7. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30- 20-100.5, C.R.S.) shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. (Department of Public Health and Environment) 8. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S. (Department of Public Health and Environment) 9. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. (Department of Public Health and Environment) 10. The facility shall be operated in accordance with the approved "dust abatement plan" at all times. (Department of Public Health and Environment) 11. The facility shall adhere to the maximum permissible noise levels allowed in the (Commercial) Zone District as delineated in 25-12-103, C.R.S. (Department of Public Health and Environment) 12. 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) • 6 Ewing USR-1655 • 13. The applicant shall operate in accordance with the approved "waste handling plan". (Department of Public Health and Environment) 14. The application indicates no onsite employees (with the exception of the property owners) will be working at the site and no customers will be visiting the site. If the existing well permit (permit # 196791) is used to supply drinking and sanitary needs for on-site employees or customers in the future, a new well permit that allows for drinking and sanitary use in a commercial business will have to be obtained. (Colorado Division of Water Resources) 15. 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) 16. 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) 17. 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 Planning Services) 18. The applicant must take into consideration storm water capture/quantity and provide accordingly for best management practices. (Department of Planning Services) 19. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240, Weld County Code. 20. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250, Weld County Code. 21. The operation shall comply with all applicable rules and regulations of the State and Federal agencies and the Weld County Code. 22. Personnel from the Weld County Government shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Development Standards stated herein and all applicable Weld County regulations. 23. The Special Review area shall be limited to the plans shown hereon and governed by the foregoing standards and all applicable Weld County regulations. Substantial changes from the plans or Development Standards as shown or stated shall require the approval of an amendment of the Permit by the Weld County Board of County Commissioners before such changes from the plans or Development Standards are permitted, Any other changes shall be filed in the office of the Department of Planning Services. 24. The property owner or operator shall be responsible for complying with all of the foregoing Development Standards. Noncompliance with any of the foregoing Development Standards may be reason for revocation of the Permit by the Board of County Commissioners. • 7 Ewing USR-1655 DEPARTMENT OF PLANNINGNORTH OFFICE • 0(,,, ,,f„,,..„, 918 1 S GREELEY, CO 80631 Ex PHONE: (970) 353-6100, Ext. 3540540 FAX: (970) 304-6498 IlliC. COLORADO June 9, 2008 Gerald & Beverly Ewing 7406 CR 100 Wellington CO 80544 Subject: USR-1655- Request for a Site Specific Development Plan and a Special Review Permit for a Home Business (bullet casting business) in the A (Agricultural)Zone District on a parcel of land described as E2 SW4 of Section 29, T9N, R67W of the 6th P.M., Weld County, Colorado. Dear Applicants: I have scheduled a meeting with the Weld County Planning Commission on August 5,2008,at 1:30 p.m. This meeting will take place in the Hearing Room, Greeley 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. 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. Retfully, I��A, 5794 Chris Gathman vR�^\ Planner 0 • PLANNING COMMISSIONERS' SIGN POSTING CERTIFICATE THE LAST DAY TO POST THE SIGN IS July 26, 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, CHRIS GATHMAN, HEREBY CERTIFY UNDER PENALTIES OF PERJURY THAT THE SIGN WAS POSTED ON THE PROPERTY AT LEAST TEN DAYS BEFORE THE PLANNING COMMISSIONERS HEARING FOR USR-1655 IN THE A (AGRICULTURAL) ZONE DISTRICT. CHRIS GATHMAN Name of Person Posting Sign • 4Avi:O Signature of Person Posting Sign STATE OF COLORADO )ss. COUNTY OF WELD The foregoing instrument was subscribed and sworn to me this'5 day , 2008. WITNESS my hand and official seal. La/4) 'Iry Notary Public BILLIE J, MOORE NOTARY PUBLIC /0/014 10 STATE OF COLORADO My Commission Expires: • EXHIBIT I (OA ` ' .: - • ; . ., 1 r • Ij - ' / 1 c , / c, 1 74. .. 1 . ,. g .I . Viri. ity 194 A/4,:$ I . , _ Cy 1_ '•1 lir _ �., ,, - t\ •r/a ^ 1 ,+' ( , vµ1 ;all ail 1 ° , .`^ ``Y\.� l^l x .•\' '"'� a�lt.i • .I. - �.?.-. 4 ��M�` `, I V, N. Y-`, \�I .•i 'r +. .( i! • ��',�.�/,�'� Sd' ! trts . " ;),,, ,, ill.. ,I , o n"1 f �- i \ ,` 1 ' i \' �, .$ . �,y. �/, , .,.. •'-.1 Oa,gill .4 'J�✓�� 1 (•‘ '. r..—.7 > ll �- 7 r" • r , ;' + �. �� , i7 1 ,tom' \ ' .,. '^ R' �NT {`� � '�'ie .• '7r-�� • , '� .tit,• 'd. ,ey .- Cre CZ -, a k._ c..) immuJ impmm rim.... .p.2W _ Z ,•V) M Z W 1l , � 2 , • pIa. W 1v} O I W (/ , Q i� • fr — ` `�,J n , fir ,Ca) C'' ...I -4' g ,„„) 3... @AQ 3i TO ki) cc Lij Ia., 0 I cl/) .--�w---k iLl vl 4c., ....il J eN1 IZ C:I CC TIiE Ilmi ...... 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MS i lelli I • FIELD CHECK inspection dates:7/25/2008 APPLICANT: Gerald & Beverly Ewing CASE #: USR-1655 REQUEST: A SSDP & Special Review Permit for a home business (bullet casting business) in the A(Agricultural) Zone District LEGAL: E2SW4 of Section 29, Township 9 North, Range 67 West of the 6th P.M., Weld County, Colorado LOCATION: East of and adjacent to County Road 100 and approximately IA mile west of County Road 17 PARCEL ID #: 0453 29 300019 ACRES: +/- 79 acresUSR Site (+/- .5 Acres) Zoning Land Use N A N Open Ground (nearest residence 1/4 mile to north) E A E Residence 1/8 mile to the east S A S Vacant land W A W Residence 1/8 mile to the west • COMMENTS: Existing residence and outbuilding. Remainder of parcel is vacant land 7 Chris Gathman - Planner II • Hello