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Home My WebLink About20080549.tiff INVENTORY OF ITEMS FOR CONSIDERATION • Applicant Bartez LLC do Daniel Glantz Case Number USR-1638 Submitted or Prepared Prior to At Hearing Hearing ` 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 Legal Notifications X 2 Application X Maps X Deed/Easement Certificate X Surrounding Property/Mineral Owners X Utilities X N., 3 Referral List X Referrals without comment X • N City of Fort Lupton, referral dated November 2, 2007 X Weld County Zoning Compliance, referral dated November 1,2007 X 4 Referrals with comments X Weld County Department of Public Health and Environment, referral dated X November 26, 2007 v State of Colorado, Division of Wildlife, referral dated November 27, 2007 X \ Weld County Department of Public Works, referral dated December 4, 2007 X Fort Lupton Fire Protection District, referral dated November 13, 2007 X State of Colorado, Division of Water Resources, referral dated November 5, 2007 X State of Colorado, Department of Transportation, referral dated November 7, 2007 X ` 5 PC Exhibits X 5.a Letter from Robert and Carol Gildea received January 3,2008 X 6 Planning r n Reset do X I hereby certify that the twenty one items identified herein were submitted to the Department of Planning Services at or prior to the scheduled Board County Commissioners hearing. Jacqueline Hatch Plariner • Ate. ,. ss 2008-0549 f t1n • ILDc. LAND USE APPLICATION SUMMARY SHEET COLORADO Planner: Jacqueline Hatch Case Number: USR-1638 Hearing Date: January 15, 2008 Applicant: Bartez LLC c/o Daniel Glantz Address: 3450 County Road 27, Fort Lupton CO 80621 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 (truck parking, maintenance and office) in the A (Agricultural) Zone District. Legal Description: Lot B of RE-3975 being part of NE4 of Section 17, T2N, R66W of the 6th P.M., Weld County, CO. Location: South of adjacent of County Road 22 and approximately 1/2 mile east of State Highway 85. Size of Parcel: 92.88 +/- acres • POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS The criteria for review of this Special Review Permit is listed in Section 23-2-220 of the Weld County Code. The Department of Planning Services' staff has received responses from the following agencies: • Weld County Zoning Compliance, referral dated November 1, 2007 • Weld County Department of Public Health and Environment, referral dated November 26, 2007 • Weld County Department of Public Works, referral dated December 4, 2007 • State of Colorado, Division of Wildlife, referral dated November 27, 2007 • Weld County Department of Planning Services, Landscape, referral dated November 1, 2007 • City of Fort Lupton, referral dated November 2, 2007 • Fort Lupton Fire Protection District, referral dated November 13, 2007 • State of Colorado, Division of Water Resources, referral dated November 5, 2007 • State of Colorado, Department of Transportation, referral dated November 7, 2007 The Department of Planning Services' staff has not received responses from the following agencies: • Weld County Sheriff's Office • Weld County Building Inspection • Union Pacific Railroad EXHIBIT USR-1638 Bartez Page 1 ! iI ' SPECIAL REVIEW PERMIT • t` a ADMINISTRATIVE REVIEW WI`Pc. COLORADO Planner: Jacqueline Hatch Case Number: USR-1638 Hearing Date: January 15, 2008 Applicant: Bartez LLC do Daniel Glantz Address: 3450 County Road 27, Fort Lupton CO 80621 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 (truck parking, maintenance and office) in the A (Agricultural) Zone District. Legal Description: Lot B of RE-3975 being part of NE4 of Section 17, T2N, R66W of the 6"' P.M., Weld County, CO. Location: South of adjacent of County Road 22 and approximately 1/2 mile east of State • Highway 85. Size of Parcel: 92.88 +/-acres Parcel Number: 1309 17 100034 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 22-2-150D.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." Development Standards and Conditions of Approval will ensure that the proposed use will be compatible with the vicinity. The surrounding property is primarily agricultural in nature with a few homes in close proximity. There are thirteen parcels within 500' of the property. Section 23-2-240.A.10 of the Weld • County Codes states "...that buffering or screening of the proposed use from adjacent properties may be required in order to make the determination that the proposed use is compatible with the surrounding uses." As a Condition of Approval the applicant will be required to screen the use from adjacent properties and rights- USR-1638 Bartez Page 2 of-way. 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.R of the Weld County Code provides 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 (truck parking, maintenance and office) 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 currently vacant. The surrounding property is primarily agricultural in nature with a few homes located in close proximity. There are thirteen parcels within 500' of the property. One letter in opposition has been received from a surrounding property owner. Their concerns are in regards to the traffic, the value of their and neighboring properties, and the visual impact to the area. Conditions of Approval and Development Standards will ensure compatibility 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 located within three miles of the City of Fort Lupton. The City of Fort Lupton in their referral dated November 2, 2007 stated that they have reviewed the request and find no conflicts with their interests. E. Section 23-2-220.A.5 -- The site does not lie within any Overlay Districts. • Effective January 1, 2003, Building Permits issued on the 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.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 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. Section 22-5-100.A of the Weld County Code states "oil and gas exploration and production should occur in a manner which minimizes the impact to agricultural USR-1638 Bartez Page 3 uses and the environment and reduces the conflicts between mineral development and current and future surface uses." Section 22-5-100.B of the Weld County Code states "...encourage cooperation, coordination and communication between the surface owner and the mineral owner/operators of either the surface or the mineral • estate." Section 22-5-100.B.1 of the Weld County Code also states "new development should be planned to take into account current and future oil and gas drilling activity to the extent oil and gas development can reasonably be anticipated." The applicant shall either submit a copy of an agreement with the property's mineral owner/operators stipulating that the oil and gas activities have been adequately incorporated into the design of the site or show evidence that an adequate attempt has been made to mitigate the concerns of the mineral owner/operators. Drill envelopes can be delineated on the plat in accordance with the State requirements as an attempt to mitigate concerns. The plat shall be amended to include any possible future drilling sites. (Department of Planning Services) C. The applicant shall address the requirements (concerns) of the State of Colorado Division of Water Resources, as stated in the referral response dated November 5, 2007. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Planning Services) D. The applicant shall address the requirements (concerns) of the Fort Lupton Fire Protection District, as stated in the referral response dated November 13, 2007. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Planning Services) E. The applicant shall address the requirements (concerns) of the Weld County Department of Public Works, as stated in the referral response dated December 4, • 2007. Including but not limited to a final drainage construction and erosion control plans. 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 (concerns) of the Weld County Department of Public Health and Environment, as stated in the referral response dated November 26, 2007. 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 (concerns) of the Weld County Department of Planning Services, Landscape, referral dated November 1, 2007. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Planning Services) H. The applicant shall address the requirements (concerns) of the State of Colorado Department of Transportation referral dated November 7, 2007. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Planning Services) The applicant shall address the requirements (concerns) of the State of Colorado Division of Wildlife referral dated November 27, 2007. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Planning Services) • J. 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.B.7 of the Weld County Code. (Department of Planning Services) USR-1638 Bartez Page 4 K. The applicant shall submit evidence of an Aboveground Storage Tank permit application form 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 from the Department of Public Health and Environment shall be submitted to the Department of Planning Services. (Department of Public Health and Environment) L. In the event, the applicant intends to wash vehicles or equipment on site the following shall apply: The applicant shall provide evidence that the washing area will be designed and constructed to capture all effluent and prevent any discharges from the washing of vehicles or equipment in accordance with the Rules and Regulations of the Water Quality Control Commission and the Environmental Protection Agency. Evidence of approval from the Department of Public Health and Environment shall be submitted to the Department of Planning Services. (Department of Public Health and Environment) M. 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 from the Department of Public Health and Environment shall be submitted to the Department of Planning Services. The plan shall include at a minimum, the following: 1. A list of wastes which are expected to be generated on site (this should include expected volumes and types of waste generated). • 2. A list of the type and volume of chemicals expected to be stored on site. 3. The waste handler and facility where the waste will be disposed (including the facility name, address, and phone number). (Department of Public Health and Environment) N. The applicant shall submit a Landscape and Screening Plan for the site. The plan at a minimum shall include the existing and future plant material including the proposed fencing, lighting, screening and landscape treatment from adjacent properties. The plan shall include the method of screening the outdoor storage of vehicles, equipment or materials from adjacent properties and future rights-of-way. The applicant shall maintain compliance with Section 23-2-250.B.7 of the Weld County Code at all times. (Department of Planning Services) O. The applicant shall complete all proposed improvements including those regarding landscaping, screening, access improvements and parking lot requirements or enter into an Improvements Agreement according to policy regarding collateral for improvements and post adequate collateral for all required materials. The agreement and form of collateral shall be reviewed by County Staff and accepted by the Board of County Commissioners prior to recording the USR plat. (Department of Planning Services) P. The plat shall be amended to delineate the following: • 1. All sheets shall be labeled USR-1638 (Department of Planning Services) 2. The attached Development Standards. (Department of Planning Services) USR-1638 Bartez Page 5 3. The plat shall delineate any signs in compliance with Division 2 of the Weld County Code. (Department of Planning Services) • 4. County Road 22 is designated on the County Road Classification Plan as strategic 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 22 shall be delineated on the plat. The future and existing right of way including the documentation creating them shall be delineated on the plat. This road is maintained by Weld County. (Department of Public Works) 5. The applicant shall indicate specifically on the plat the type of right-of-way / easement and indicate whether it is dedicated, private or deeded to provide adequate access to the parcel. Section line accesses are considered private lanes with no County maintenance. (Department of Public Works) 6. The plat shall identify any types of rights-of-way and or easements that exist on site. (Department of Public Works) 7. A stop sign shall be placed at the intersection of County Road 22 and the driveway. (Department of Public Works) 8. The applicant shall provide a Lighting Plan. Should exterior lighting be a part of this facility, all light standards shall be delineated on the plat and be in accordance with Section 23-3-250.B.6 of the Weld County Code. (Department of Planning Services) • 9. The location of the dumpster shall be delineated on the plat. Areas used for trash collection shall be screened from public rights-of-way and all adjacent properties. These areas shall be designed and used in a manner that will prevent wind- or animal-scattered trash as outlined in Section 23-3-250.A.6 of the Weld County Code. (Department of Planning Services) 10. The applicant shall provide a parking plan that designates parking spots for employees, customers, and business/delivery trucks. The parking locations shall be dimensioned and shown according to Section 23-2-260 of the Weld County Code. (Department of Planning Services) 11. The Department of Planning Services has determined from the application materials that fifteen (15) parking spaces and one (1) ADA parking space will be required on site. Each parking space should be equipped with wheel guards where needed to prevent vehicles from extending beyond the boundaries of the space and from coming into contact with other vehicles, walls, fences, sidewalks, or plantings (Department of Planning Services) 12. The approved Landscape and Screening Plan. (Department of Planning Services) 13. The off-street parking spaces including the access drive shall be surfaced with gravel, asphalt, concrete or the equivalent and shall be graded to • prevent drainage problems. The location and type of surfacing material shall be delineated on the plat. (Department of Planning Services) Q. The applicant shall submit two (2) paper copies of the plat for preliminary approval USR-1638 Bartez Page 6 to the Weld County Department of Planning Services. (Department of Planning Services) 2. Upon completion of 1. above the applicant shall submit a Mylar plat along with all other • documentation required as Conditions of Approval. The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by Department of Planning Services' Staff. The plat shall be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code. The Mylar plat and additional requirements shall be submitted within thirty (30) days from the date of the Board of County Commissioners resolution. The applicant shall be responsible for paying the recording fee. (Department of Planning Services) 3. The Department of Planning Services respectively requests the surveyor provide a digital copy of this Use by Special Review. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles, Arclnfo Coverages and Arclnfo Export files format type is .e00. The preferred format for Images is .tif (Group 4). (Group 6 is not acceptable). This digital file may be sent to maps(a)co.weld.co.us. (Department of Planning Services) 4. Prior to operation: A. The applicant shall provide a written sign-off from the Fort Lupton Fire Protection District to the Department of Building Inspection. (Department of Building Inspection) B. A stormwater discharge permit may be required for a development/redevelopment /construction site where a contiguous or non-contiguous land disturbance is greater than or equal to one acre in area. Contact the Water Quality Control Division of the • Colorado Department of Public Health and the Environment at www.cdphe.state.co.us/wq/PermitsUnit for more information. Written evidence of approval shall be submitted to the Department of Planning Services. (Department of Public Health and Environment) (Department of Public Health and Environment) 5. Prior to the issuance of the Certificate of Occupancy: A. The septic system is required to be designed by a Colorado Registered Professional Engineer according to the Weld County Individual Sewage Disposal Regulations (Permit SP-0700074 has been issued but is not installed). (Department of Public Health and Environment) B. An individual sewage disposal system is required of the proposed 3 car garage and shop and shall be installed according to the Weld County Individual Sewage Disposal Regulations. (Department of Public Health and Environment) 6. 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) • SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS USR-1638 Bartez Page 7 Bartez LLC USR-1638 • 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 (truck parking, maintenance 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. 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) 4. 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) 5. 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. The applicant shall operate in accordance with the approved "waste handling plan". (Department of Public Health and Environment) • 7. The applicant shall comply with all provisions of the Underground and Above Ground Storage Tank Regulations (7 CCR 1101-14). (Department of Public Health and Environment) 8. 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) 9. Fugitive dust and fugitive particulate emissions shall be controlled on this site (Department of Public Health and Environment) 10. This facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone as delineated in 25-12-103 C.R.S., as amended. (Department of Public Health and Environment) 11. Adequate handwashing and toilet facilities shall be provided for employees and patrons of the facility. (Department of Public Health and Environment) 12. Sewage disposal for the facility shall be by septic system. Any septic system located on the property must comply with all provisions of the Weld County Code, pertaining to Individual Sewage Disposal Systems. (Department of Public Health and Environment) • 13. A permanent, adequate water supply shall be provided for drinking and sanitary purpose. (Department of Public Health and Environment) USR-1638 Bartez Page 8 14. The operation shall comply with all applicable rules and regulations of the State and Federal agencies and the Weld County Code. (Department of Public Health and Environment) • 15. If applicable, the applicant shall obtain a stormwater discharge permit from the Colorado Division of Public Health & Environment, Water Quality Control Division. (Department of Public Health and Environment) 16. A building permit shall be obtained prior to the construction of any new building, addition or remodel of existing buildings. A building permit is required for change of use of any existing buildings. (Department of Building Inspection) 17. A plan review is required for each building for which a building permit is required. Plans shall bear the west stamp of a Colorado registered architect or engineer. Two complete sets of plans are required with applying for each permit. (Department of Building Inspection) 18. Structures shall conform to the requirements of the various codes adopted at the time of permit application. Currently the following has been adopted by Weld County: 2006 International Building Code; 2006 International Mechanical Code; 2006 International Plumbing Code; 2006 International Fuel Gas Code; and the 2005 National Electrical Code and Chapter 29 of the Weld County Code. (Department of Building Inspection) 19. New structures will require an engineered foundation based on a site-specific geotechnical report or an open hole inspection performed by a Colorado registered engineer. Engineered foundations shall be designed by a Colorado registered engineer. (Department of Building Inspection) 20. 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) 21. Building height shall be measured in accordance with the 2006 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) 22. A letter of approval shall be provided to the Department of Building Inspection from the Fort Lupton Fire Protection District prior to construction of any structure. (Department of Building Inspection) 23. If exterior lighting is proposed to be a part of this facility, all light standards shall be delineated in accordance with Section 23-3-250.6.6 of the Weld County Code. (Department of Planning Services) 24. Should noxious weeds exist on the property or become established as a result of the • proposed development the applicant/landowner shall be responsible for controlling the noxious weeds, pursuant to Chapter 15, Articles I and II of the Weld County Code. (Department of Public Works) USR-1638 Bartez Page 9 25. The hours of operation are 6:00am to 6:00pm. (Department of Planning Services) 26. The site shall not have more then fifteen (15) employees on site at any given time. (Department of Planning Services) • 27. The application does not propose any portion of the site to be leased to another party. In the event that a portion of the building is proposed to be leased to another party in the future, the applicant shall submit a copy of the lease agreement and information regarding the proposed use of the leased portion to the Weld County Building Inspection Department, Hudson Fire Protection District and the Department of Planning Services for review. Based upon the proposed use and/or impacts of the leased portion, the Department of Planning Services may require an Amended Use by Special Review application. (Department of Planning Services) 28. 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) 29. 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) 30. The landscape and screening on site shall be maintained in accordance with the approved Landscaping and Screening Plan. (Department of Planning Services) 31. 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) 32. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240, Weld County Code. (Department of Planning Services) 33. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250, Weld County Code. (Department of Planning Services) 34. 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. (Department of Planning Services) 35. 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. 36. 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. (Department of Planning Services) USR-1638 Bartez Page 10 i ID II p"... DEPARTMENT OF PLANNING SERVICES SOUTHWEST OFFICE iifit 4209 CR 24.5 LONGMONT, CO 80504 PHONE: (720)652-4210, Ext. 8730 FAX: (720) 652-4211 WIIDc. COLORADO October 31, 2007 Bartez LLC c/o Daniel Glantz 3450 CR 27 Fort Lupton CO 80621 Subject: USR-1638- 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 Industrial Zone District(truck parking, maintenance and office)in the A (Agricultural)Zone District on a parcel of land described as Lot B, RE-3875 being part of the NE4 of Section 17,T2N, R66W 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 January 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 representative be in attendance to answer any questions the Planning Commission members may have. It is the applicant's responsibility to comply with state statutes regarding notice to mineral estate owners. Colorado Revised Statute, 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 ring. The applicant shall provide the Weld County Planning Department with written certification indicating the above requirements ave 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 Fort Lupton Planning Commission for their review and comments. Please call Fort Lupton at 303-857-6694 for further details regarding the date,time, and place of this meeting. It is recommended that you and/or a representative be in attendance at the Fort Lupton 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. Respectfully, Jacqueline h Planner • PLANNING COMMISSIONERS' SIGN POSTING CERTIFICATE THE LAST DAY TO POST THE SIGN IS _1/5/08_ 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-1638_ IN THE A (AGRICULTURAL) ZONE DISTRICT. Jacqueline Hatch Name of Person Posting Sign —Jacqueline Hatch • Signature of Person Posting Sign STATE OF COLORADO )ss. COUNTY OF WELD The foregoing instrument was subscribed and sworn to me this day of 2008. WITNESS my hand and official seal. &G(kanel etAtial • Notary Public : 9 s\N ,q G My CommissIon'\s 1Te►.. .-, 10.14.201 .`'t c+-O My Commission Expires: • 39 -.-- .... r• -.- -l. — •._- •.-.- _ • iil . fe.tI- .•..:•r. 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' Ilattizi: !r a l r , 4 i 1 !( i . ,, \ t \ rl t` • 4 , . , fioL 11 I " 1 .4 : .21.6. ' :: IC( a - 1 R _ _ j t:4; , l ' 4 1 " U I. 1 el, 2. \t [t.. , � " ' lit II I - 43: 01 I � � ! , T *. rtT. i —.,;s I in Ili I , ,„,' 1 - fik . t • 1 , „, , ,.. , i t A. : * .- -• • I 4frtliii? ' 41 '' . . 14 I frti I ill . I I 1 I I V 1 i • I. ttiii: i1tIF1t. ; I i ' - It iti. lit1 I I i i, ,j1 r i to I. hi ' J >F• ,'` FIELD CHECK Inspection Date: _1/4/08 • APPLICANT: Bartez LLC do Daniel Glantz CASE# : USR-1638 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 Industrial Zone District(truck parking, maintenance and office) in the A(Agricultural)Zone District. LEGAL: Lot B RE-3975 Part of NE4 of Section 17,T2N, R66W of the 6th P.M.,Weld County, CO. LOCATION: South of adjacent of CR 22 and approximately'A mile east of State Highay 85. PARCEL ID#: 1309 17 100034 ACRES: 92.88+/-acres Zoning Land Use N Agricultural N Agricultural E Agricultural E Agricultural S Agricultural S Agricultural W Agricultural W Agricultural Comments: • Single family homes in close proximity Oil and gas access Oil and gas on site Access is located at the top of slight hill on CR 22 Property consists of field grasses Signature I o House(s) ❑ Derelict Vehicles o Outbuilding(s) o Non-commercial junkyard (list components) o Access to Property o Irrigation Sprinkler o Crop Productions o Crops o Site Distance ❑ Wetlands ❑ Mobile Home(s) o Oil & Gas Structures o Other Animals On-Site o Wildlife ❑ Water Bodies o Utilities On-Site (transmission lines) ❑ Ditch ❑ Topography Note any commercial business/commercial vehicles that are operating from the site. Hello