HomeMy WebLinkAbout20081465.tiff INVENTORY OF ITEMS FOR CONSIDERATION
Applicant Stahla Homes do Robb Case Number USR-1650
Casseday with Casseday
Creative Designs
• Submitted or Prepared
Prior to At
Hearing Hearing
PC Ficoelution
`- 1 Staff Comments X
Department of Planning Services Field Check Form X
Planning Commissioner Field Check Form
Letter to Applicant X
�. Affidavit of sign posting X
2 Legal Notifications X
3 Application X
4 Referral List X
Referrals without comment X
Weld County Zoning Compliance, referral dated February 1,2008 X
5 Referrals with comments X
Weld County Department of Public Health and Environment, referral dated X
February 14, 2008
Weld County Department of Public Works, referral dated February 25, 2008 X
• N. Weld County Department of Building Inspection, referral dated February 22,2008 X
Weld County Department of Planning Services Landscape referral, dated January X
27,2008
�• Town of Keenesburg, referral dated February 22, 2008 X
Southeast Weld Fire Protection District, referral dated February 7,2008 X
Henrylyn Irrigation, referral dated January 28, 2008 X
Weld County Sheriffs Office, referral dated February 22, 2008 X
6 Maps X
7 Deed/Easement Certificate X
8 Surrounding Property/Mineral Owners X
.` 9 Utilities X
N 10 Soil Survey X
', 11 PC Exhibits X
N 11.a Letter from Bruce and Leticia Schnaak received April 14, 2008 X
11.b Letter from Alfred and Terrie Wilder received April 11,2008 X
11.c Letter from Boyd and Helen Arnold received March 31,2008 X
I hereby certify that the twenty six items identified herein were submitted to the Department of Planning Services at or prior to the
• scheduled Board of County Commissioners hearing.
EXHIBIT
8 aro
Jacqueline H tch -. Planner
]i�f 2008-1465
000
• W�`D� LAND USE
ON
SUMMARY SHEET
COLORADO
Planner: Jacqueline Hatch
Case Number: USR-1650 Hearing Date: April 15, 2008
Applicant: Stahla Homes c/o Robb Casseday with Casseday Creative Designs, 55 S. Elm
Ave, Suite 210, Eaton CO 80615
Site Address: 28981 County Road 20
Request: A Site Specific Development Plan and a Special Review Permit for a Use by
Right, an accessory use, or a Use by Special Review in the Commercial or
Industrial Zone District (Propane Storage and Office) in the A (Agricultural) Zone
District.
Legal Description: Lot A of AMRE-2363 being Part of SE4 of Section 14, T2N, R64W of the 6th P.M.,
Weld County, CO.
Location: West of and adjacent to CR 59 and north of and adjacent to CR 20.
Size of Parcel: 10 +/- acres
• Parcel Number: 1305 14 400017
POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS
The criteria for review of this Special Review Permit is listed in Section 23-2-220 of the Weld County
Code.
The Department of Planning Services'staff has received responses from the following agencies:
• Weld County Zoning Compliance, referral dated February 1, 2008
• Weld County Department of Public Health and Environment, referral dated February 14, 2008
• Weld County Department of Public Works, referral dated February 25, 2008
• Weld County Department of Building Inspection, referral dated February 22, 2008
• Weld County Department of Planning Services Landscape referral, dated January 27, 2008
• Town of Keenesburg, referral dated February 22, 2008
• Southeast Weld Fire Protection District, referral dated February 7, 2008
• Henrylyn Irrigation, referral dated January 28, 2008
• Weld County Sheriffs Office, referral dated February 22, 2008
The following agencies have not responded:
• Weld County Emergency Management Office
• State of Colorado Division of Wildlife
• Brighton /South East Weld Soil Conservation District
• EXHIBIT
USR-1650 Stahla Page 1
. /_� D REVIEW PERMIT
W
// �'\1 ADMINISTRATIVE REVIEW
wok
COLORADO
Planner: Jacqueline Hatch
Case Number: USR-1650 Hearing Date: April 15, 2008
Applicant: Stahla Homes do Robb Casseday with Casseday Creative Designs, 55 S. Elm
Ave, Suite 210, Eaton CO 80615
Site Address: 28981 County Road 20,
Request: A Site Specific Development Plan and a Special Review Permit for a Use by
Right, an accessory use, or a Use by Special Review in the Commercial or
Industrial Zone District (Propane Storage and Office) in the A (Agricultural) Zone
District.
Legal Description: Lot A of AMRE-2363 being Part of SE4 of Section 14, T2N, R64W of the 6th P.M.,
Weld County, CO.
Location: West of and adjacent to CR 59 and north of and adjacent to CR 20.
• Size of Parcel: 10 +/-acres
Parcel Number: 1305 14 400017
THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE
DENIED FOR THE FOLLOWING REASONS:
1. The submitted materials are in compliance with the application requirements of Section 23-2-260
of the Weld County Code.
2. It is the opinion of the Department of Planning Services' staff that the applicant has not shown
compliance with Section 23-2-220 of the Weld County Code as follows:
A. Section 23-2-220.A.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.
Section 22-2-60.B A.Goal 2. Conversion of agricultural land to urban scale residential,
commercial and industrial uses will be considered when the subject site is located inside
an approved intergovernmental agreement area, urban growth boundary area, Mixed Use
Development areas or urban development nodes, or where adequate services are
currently available or reasonably obtainable. This goal is intended to address conversion
• of agricultural land to minimize the incompatibilities that occur between uses in the
agricultural zone district and other zoned districts that allow urban uses.
The property is not located within an approved intergovernmental agreement area, urban
USR-1650 Stahla Page 2
growth boundary area, Mixed Use Development areas or urban development nodes. The
• property is located within the three (3) mile referral area for the Town of Keenesburg.
The Town of Keenesburg in their referral dated February 22, 2008 state that they have
reviewed the request and find that it does not comply with their comprehensive plan. The
property is located within three miles of Keenesburg town limits and within their future
growth boundary and has been planned for agricultural use rather than commercial.
Section 19-5-50.8 of the Coordinated Planning Agreement with the Town of Keenesburg
states "Development outside urban growth area (IGA). To the extent legally possible the
County will disapprove proposals for urban development in areas of the municipal referral
area outside the urban growth area.
The Department of Planning Services has determined that the proposed commercial/
industrial use projected for this site while located outside the Town's IGA boundary is
located within referral area and as outlined in the referral from the Town of Keenesburg is
not compatible with the comprehensive plan for the Town.
This recommendation is based, in part, upon a review of the application materials submitted by the
applicant, other relevant information regarding the request, and responses from referral entities.
Should the Planning Commission approve this request, the Department of Planning Services
recommends that the following conditions of approval and development standards be attached:
1. Prior to recording the plat:
A. The applicant shall submit a detailed sign plan in compliance with Chapter 23 Division 2
of the Weld County Code to the Weld County Department of Planning Services for review
and approval. (Department of Planning Services)
• B. The applicant shall submit to the Department of Planning Services with a property
maintenance plan for review and approval. The maintenance plan shall be in
compliance with Section 23-2-250.6.7 of the Weld County Code. (Department of
Planning Services)
C. The applicant shall submit written evidence of a commercial well to the Department of
Planning Services and the Department of Public Health and Environment. (Department
of Planning Services)
D. The applicant shall either submit to the Weld County Department of Planning Services a
copy of an agreement with the properties mineral owners/operators stipulating that the oil
and gas activities have adequately been incorporated into the design of the site or show
evidence that an adequate attempt has been made to mitigate the concerns of the
mineral owners. (Department of Planning Services)
E. The applicant shall attempt to address the requirements of the Henrylyn Irrigation
Company, as stated in the referral response dated January 28, 2008. Written evidence
of such shall be submitted in writing to the Weld County Department of Planning
Services. (Department of Planning Services)
F. The applicant shall address the requirements of the South East Weld Fire Protection
District, as stated in the referral response dated February 7, 2008. Written evidence of
such shall be submitted in writing to the Weld County Department of Planning Services.
(Department of Planning Services)
• G. The applicant shall address the requirements of the Department of Planning Services
Landscape referral as stated in the response dated January 27, 2008. Written evidence
of such shall be submitted in writing to the Weld County Department of Planning
Services. (Department of Planning Services)
USR-1650 Stahla Page 3
• H. The applicant shall address the requirements of the Department of Building Inspection,
as stated in the referral response dated February 22, 2008. Written evidence of such
shall be submitted in writing to the Weld County Department of Planning Services.
(Department of Planning Services)
The applicant shall attempt to address the requirements of the Town of Keenesburg, as
stated in the referral response dated February 22, 2008. Written evidence of such shall
be submitted in writing to the Weld County Department of Planning Services.
(Department of Planning Services)
J. The applicant shall address the requirements of the Department of Public Works, as
stated in the referral response dated February 25, 2008. Written evidence of such shall
be submitted in writing to the Weld County Department of Planning Services.
(Department of Planning Services)
K. The applicant shall attempt to address the requirements of the Sheriff's Office, as stated
in the referral response dated February 22, 2008. Written evidence of such shall be
submitted in writing to the Weld County Department of Planning Services. (Department
of Planning Services)
L. The applicant shall address the requirements of the Department of Public Health and
Environment as stated in the referral response dated February 14, 2008. Written
evidence of such shall be submitted in writing to the Weld County Department of
Planning Services. (Department of Planning Services)
M. The applicant shall submit a Private Improvements Agreement according to policy
regarding collateral for improvements and post adequate collateral for all landscaping,
• transportation (access drive, parking areas, etc) and non-transportation (plant materials,
fencing, screening, water, signage etc). The applicant shall submit to the Department of
Planning Services an itemized landscaping bid for review. The agreement and form of
collateral shall be reviewed by County Staff and accepted by the Board of County
Commissioners prior to recording the Amended Use by Special Review plat. Or the
applicant may submit evidence that all the work has been completed and approved by
the Department of Planning Services and the Department of Public Works. (Department
of Planning Services)
N. The applicant shall submit a dust abatement plan for review and approval, to the
Environmental Health Services, Weld County Department of Public Health &
Environment. Evidence of approval by the Department of Public Health and
Environment shall be provided to the Department of Planning Services. (Department of
Public Health and Environment)
O. An individual sewage disposal system is required for the proposed facility and shall be
installed according to the Weld County Individual Sewage Disposal Regulations.
Evidence of approval by the Department of Public Health and Environment shall be
provided to the Department of Planning Services. (Department of Public Health and
Environment)
P. Evidence of an application submitted to the Colorado Department of Labor and
Employment Division (CDL&E), Oil and Public Safety in accordance with the Liquefied
Petroleum Gas (lpg) rule 7 ccr 1101-15 (Effective September 1, 2005) shall be submitted
to Environmental Health Services, Weld County Department of Public Health &
Environment. Alternately, the applicant can provide evidence from the CDL&E, Oil and
• Public Safety Section that they are not subject to these requirements. Evidence of
approval by the Department of Public Health and Environment shall be provided to the
Department of Planning Services. (Department of Public Health and Environment)
USR-1650 Stahla Page 4
Q. 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 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. Evidence of approval by the Department of Public Health and
Environment shall be provided to the Department of Planning Services. (Department of
Public Health and Environment)
R. In the event that 1 or more acres are disturbed during the construction and development
of this site, the applicant shall obtain a stormwater discharge permit from the Water
Quality Control Division of the Colorado Department of Public Health and Environment.
Evidence of approval by the Department of Public Health and Environment shall be
provided to the Department of Planning Services. (Department of Public Health and
Environment)
S. The applicant shall submit evidence to the Department of Planning Services, from the
Colorado Division of Water Resources, demonstrating that the well is appropriately
permitted for the commercial use. Evidence of approval by the Department of Public
Health and Environment shall be provided to the Department of Planning Services.
(Department of Public Health and Environment)
T. The applicant shall submit a waste handling plan, for approval, to the Environmental
Health Services Division of the Weld County Department of Public Health &
Environment. Evidence of approval by the Department of Public Health and Environment
shall be provided to the Department of Planning Services. (Department of Public Health
and Environment)
The plan shall include at a minimum, the following:
• 1) A list of wastes which are expected to be generated on site (this should include
expected volumes and types of waste generated).
2) A list of the type and volume of chemicals expected to be stored on site.
3) The waste handler and facility where the waste will be disposed (including the
facility name, address, and phone number). (Department of Public Health and
Environment)
U. The applicant shall provide evidence to the Department of Planning Services that all
noncommercial junkyard items located on the property must be screened from all
adjacent properties and public rights of way, or be removed from the property.
(Department of Planning Services)
V. 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)
W. The plat shall be amended to delineate the following:
1. All sheets of the plat shall be labeled USR-1650. (Department of Planning
Services)
2. The attached Development Standards. (Department of Planning Services)
3. The access point to the proposed facility shall be located 150 feet from an
intersection. (Department of Planning Services)
• 4. County Road 20 is designated on the Weld County Road Classification Plan as a
local gravel road, which requires 60 feet of right-of-way at full build out. There is
presently 60 feet of right-of-way. The applicant shall verify and delineate on the
USR-1650 Stahla Page 5
plat the existing right-of-way and the documents creating the right-of-way.
• (Department of Public Works)
5. County Road 59 is designated on the Weld County Road Classification Plan as a
major arterial road, which requires 140 feet of right-of-way at full build out. There
is presently 60 feet of right-of-way. A total of 70 feet from the centerline of County
Road 59 shall be delineated on the plat. The future and existing right of way
including the documentation creating them shall be delineated on the plat.
(Department of Public Works)
6. The approved Landscape and Screening Plan. (Department of Planning
Services)
7. The approved sign. (Department of Planning Services)
8. The plat shall be prepared in accordance with Section 23-2-260.D of the Weld
County Code. (Department of Planning Services)
2. Prior to the Issuance of the Certificate of Occupancy:
A. An individual sewage disposal system is required for the proposed facility and shall be
installed according to the Weld County Individual Sewage Disposal Regulations.
(Department of Public Health and Environment)
B. The septic system is required to be designed by a Colorado Registered Professional
Engineer according to the Weld County Individual Sewage Disposal Regulations.
(Department of Public Health and Environment)
• 3. One month prior to construction activities:
A. A stormwater discharge permit may be required for a development / redevelopment /
construction site where a contiguous or non-contiguous land disturbance is greater that
or equal to one acre n area. Contact the Water Quality Control Division of the Colorado
Department of Public Health and Environment at www.cdphe.state.co.us/wq/PermitsUnit
for more information. (Department of Public Health and Environment)
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 2006-7 approved June 1, 2006, should the plat
not be recorded within the required thirty (30) days from the date the Board of County
Commissioners resolution a $50.00 recording continuance charge shall added for each additional
3 month period.
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 maps(@co.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)
USR-1650 Stahla Page 6
SITE SPECIFIC DEVELOPMENT PLAN
• SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Stahla Homes
USR-1650
1. A Site Specific Development Plan and a Special Review Permit for a Use by Right, an accessory
use, or a Use by Special Review in the Commercial or Industrial Zone District (Propane Storage
and Office) 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. The number of employees shall be limited to two (2). (Department of Planning Services)
4. The hours of operation are from 5:00 am to 7:00 pm Monday through Saturday. (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., 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)
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,
fugitive particulate emissions, blowing debris, and other potential nuisance conditions.
(Department of Public Health and Environment)
8. The applicant shall operate in accordance with the approved "waste handling plan". (Department
of Public Health and Environment)
9. The applicant shall comply with all provisions of the Underground and Above Ground Storage
Tank Regulations (7 CCR 1101-14), as applicable. (Department of Public Health and
Environment)
10. The applicant shall comply with all provisions of the Liquefied Petroleum Gas Regulations (7 ccr
1101-15), as applicable. (Department of Public Health and Environment)
11. The facility shall be operated in a manner to prevent odors. Odors detected off site shall not
equal or exceed the level of fifteen-to-one dilution threshold, as measured pursuant to Regulation
2 of the Colorado Air Pollution Control Regulations. Additional controls shall be implemented at
the request of the Weld County Department of Public Health and Environment in the event odor
levels detected off site of the facility meet or exceed the level of fifteen-to-one dilution threshold,
or in the judgment of the Weld County Health Officer, there exists an odor condition requiring
abatement. (Department of Public Health and Environment)
12. 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)
• 13. The facility shall have sufficient equipment available to implement dust control as required by the
Weld County Department of Public Health and Environment. (Department of Public Health and
Environment)
USR-1650 Stahla Page 7
• 14. This facility shall adhere to the maximum permissible noise levels allowed in the Light industrial
Zone as delineated in 25-12-103 C.R.S., as amended. (Department of Public Health and
Environment)
15. Adequate handwashing and toilet facilities shall be provided for employees and patrons of the
facility. (Department of Public Health and Environment)
16. 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)
17. A permanent, adequate water supply shall be provided for drinking and sanitary purposes at all
times. (Department of Public Health and Environment)
18. Adequate toilet facilities (port-a-potty) shall be provided during construction. (Department of
Public Health and Environment)
19. Bottled water shall be utilized for drinking and hand washing during construction. (Department of
Public Health and Environment)
20. 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)
21. If applicable, the applicant shall obtain a stormwater discharge permit from the Colorado
Department of Public Health & Environment, Water Quality Control Division. (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. The applicant 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.
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)
24. Effective January 1, 2003, Building Permits issued on the lot will be required to adhere to the fee
structure of the Weld County Road Impact Program. (Ordinance 2002-11) (Department of
Planning Services)
25. 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)
26. The property owner shall allow any mineral owner the right of ingress or egress for the purposes
of exploration development, completion, recompletion, re-entry, production and maintenance
operations associated with existing or future operations located on these lands. (Department of
Planning Services)
27. Exterior lighting be a part of this facility, all light standards shall be in accordance with Section 23-
• 3-250.B.6 of the Weld County Code. (Department of Planning Services)
28. The applicant shall adhere to the approved Landscape and Screening Plan. (Department of
Planning Services)
USR-1650 Stahla Page 8
• 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. Building permits shall be obtained prior to the construction of any building. Buildings that meet the
definition of an Ag Exempt Building per the requirements of Section 29-1-20 of the Weld County
Code. (Department of Building Inspection)
32. A plan review is required for each building for which a building permit is required. Plans shall
include a floor plan. 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. Include a Code
Analysis Data sheet provided by the Weld County Building Department with each Building permits
application. (Department of Building Inspection)
33. 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; 2003
International Fuel Gas Code; and the 2005 National Electrical Code and Chapter 29 of the Weld
County Code. (Department of Building Inspection)
34. All buildings used by the public, including the bathrooms shall be accessible to persons with
disabilities. Plans should include detailed drawings showing the exiting and how accessibility will
be maintained through out the facility. Fire resistance of walls and openings, construction
requirements, maximum building height and allowable areas will be reviewed at the plan review.
Setback and offset distances shall be determined by the Weld County Code (Department of
• Building Inspection)
35. Building height shall be measured in accordance with the 2003 International 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, buildings are measured
to the farthest projection from the building. Property lines shall be clearly identified and all
property pins shall be staked prior to the first site inspection. (Department of Building Inspection)
36. All building plans shall be submitted to Southeast Weld Fire Protection District for review and
approval prior to issue of Building Permits. (Department of Building Inspection)
37. The operation shall comply with all applicable rules and regulations of the State and Federal
agencies and the Weld County Code. (Department of Planning Services)
38. 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.
39. 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.
40. 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
USR-1650 Stahla Page 9
be reason for revocation of the Permit by the Board of County Commissioners.
• 41. WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive agricultural
counties in the United States, ranking fifth in total market value of agricultural products sold. The
rural areas of Weld County may be open and spacious, but they are intensively used for
agriculture. Persons moving into a rural area must recognize and accept there are drawbacks,
including conflicts with longstanding agricultural practices and a lower level of services than in
town. Along with the drawbacks come the incentives which attract urban dwellers to relocate to
rural area: open views, spaciousness, wildlife, lack of city noise and congestion, and the rural
atmosphere and way of life. Without neighboring farms, those features which attract urban
dwellers to rural Weld County would quickly be gone forever.
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area. Well run agricultural
activities will generate off-site impacts, including noise from tractors and equipment; slow-moving
farm vehicles on rural roads; dust from animal pens, field work, harvest, and gravel roads; odor
from animal confinement, silage, and manure; smoke from ditch burning; flies and mosquitoes;
and the use of pesticides and fertilizers in the fields, including the use of aerial spraying. Ditches
and reservoirs cannot simply be moved out of the way of residential development without
threatening the efficient delivery of irrigation to fields which is essential to farm production.
Section 35-3.5-102, C. R. S., provides that an agricultural operation shall not be found to be a
public or private nuisance if the agricultural operation alleged to be a nuisance employs methods
or practices that are commonly or reasonably associated with agricultural production.
Weld County covers a land area of over 4,000 square miles in size (twice the State of Delaware)
with more than 3,700 miles of state and County roads outside of municipalities. The sheer
magnitude of the area to be served stretches available resources. Law enforcement is based on
responses to complaints more than on patrols of the county and the distances which must be
• traveled may delay all emergency responses, including law enforcement, ambulance, and fire.
Fire protection is usually provided by volunteers who must leave their jobs and families to
respond to emergencies. County gravel roads, no matter how often they are bladed, will not
provide the same kind of surface expected from a paved road. Snow removal priorities mean that
roads from subdivisions to arterials may not be cleared for several days after a major snowstorm.
Snow removal for roads within subdivisions are of the lowest priority for public works or may be
the private responsibility of the homeowners. Services in rural areas, in many cases, will not be
equivalent to municipal services. Rural dwellers must, by necessity, be more self-sufficient than
urban dwellers.
Children are exposed to different hazards in the county than in an urban or suburban setting.
Farm equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps
and center pivot operations, high speed traffic, sand burs, puncture vines, territorial farm dogs,
and livestock present real threats to children. Controlling children's activities is important, not
only for their safety, but also for the protection of the farmer's livelihood. Parents are responsible
for their children.
•
USR-1650 Stahla Page 10
• •
6 DEPARTMENT OF PLANNING SERVICES
SOUTHWEST OFFICE iv-- 424
LONGMONT, COC 80504
PHONE: (720)652-4210, Ext. 8730
FAX: (720)652-4211
W
COLORADO
January 25, 2008
Stahla Homes
do Robb Casseday
Casseday Creative Designs
55 S Elm Av, Ste 210
Eaton CO 80615
Subject: USR-1650- Request for a Site Specific Development Plan and a Special Review Permit for a Use by Right, an
accessory use, or a Use by Special Review in the Commercial or Industrial Zone District(Propane Storage and
Office) in the A(Agricultural) Zone District on a parcel of land described as Lot A of AmRE-2363 being Part of
SE4 of Section 14, T2N, R64W of the 6th P.M., Weld County, Colorado.
Dear Applicants:
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 15, 2008, at 1:30 p.m. This meeting will take place in the Hearing
Room, Weld County Planning Department, 4209 CR 24.5, Longmont, Colorado. It is recommended that you and/or a
*Presentative 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 Keenesburg Planning Commission for their review and comments.
Please call Keenesburg at 303-732-4281 for further details regarding the date, time, and place of this meeting. It is
recommended that you and/or a representative be in attendance at the Keenesburg 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.
• c Ily
Jac ueline Hatch
Planner
PLANNING COMMISSIONERS' SIGN POSTING
CERTIFICATE
THE LAST DAY TO POST THE SIGN IS 4/5/08 THE SIGN SHALL BE POSTED
ADJACENT TO AND VISIBLE FROM A PUBLICALLY MAINTAINED ROAD RIGHT-OF-
WAY. IN THE EVENT THE PROPERTY BEING CONSIDERED FOR A SPECIAL
REVIEW IS NOT ADJACENT TO A PUBLICALLY MAINTAINED ROAD RIGHT-OF-
WAY, THE DEPARTMENT OF PLANNING SERVICES SHALL POST ONE SIGN IN
THE MOST PROMINENT PLACE ON THE PROPERTY AND POST A SECOND SIGN
AT THE POINT AT WHICH THE DRIVEWAY (ACCESS DRIVE) INTERSECTS A
PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY.
I, Jacqueline Hatch, 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-1650 IN THE A (Agricultural)
ZONE DISTRICT.
Jacqueline Hatch
Name of Person Posting Sign — Jacqueline Hatch
Signature er on Posting Sign
STATE OF COLORADO
ss.
COUNTY OF WELD )
The foregoing instrument was subscribed and s hiss day of alakj ,
2008. WITNESS my hand and official seal. .
. ... . /kr,J
•
Notary Public "A• 080 Qom
My Commission
10.14.2011
My Commission Expires:
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FIELD CHECK Inspection Date: 4/4/08
• APPLICANT: Stahla Homes do Robb Casseday with Casseday Creative Designs
CASE# : USR-1650
REQUEST: A Site Specific Development Plan and a Special Review Permit for a Use by Right,an accessory
use,or a Use by Special Review in the Commercial or Industrial Zone District(Propane Storage
and Office)in the A(Agricultural)Zone District.
LEGAL: Lot A of AMRE-2363 being Part of SE4 of Section 14, T2N, R64W of the 6(h P.M.,Weld County,
CO.
LOCATION: West of and adjacent to CR 59 and north of and adjacent to CR 20.
PARCEL ID#: 1305 14 400017
ACRES: 10 +/-acres
Zoning Land Use
N Agricultural N Agricultural
E Agricultural E Single Family home
S Agricultural S Single Family home
W Agricultural W Single Family home /Agricultural
• Comments:
Property is vacant
A chain link fence is around the perimeter
Access is off of CR 20
CR 20 is a gravel road
CR 59 is a paved road
There is an existing building/shop on site
Old light yards on site
Miscellaneous debris on site
Signature
o House(s) o Derelict Vehicles
O Outbuilding(s) ❑ Non-commercial junkyard (list components)
o Access to Property o Irrigation Sprinkler
o Crop Productions o Crops
o Site Distance ❑ Wetlands
o Mobile Home(s) o Oil & Gas Structures
❑ Other Animals On-Site ❑ Wildlife
• ❑ Water Bodies ❑ Utilities On-Site (transmission lines)
❑ Ditch ❑ Topography
Note any commercial business/commercial vehicles that are operating from the site.
Hello