HomeMy WebLinkAbout20070104.tiff INVENTORY OF ITEMS FOR CONSIDERATION
Applicant Sheryl and Roger [fill Case Number USR-1577
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
Ns Letter to Applicant X
Affadavit of sign posting X
Legal Notifications X
�• 2 Application X
Maps X
Deed/Easement Certificate X
Surrounding Property/Mineral Owners X
Utilities
3 Referral List X
Referrals without comment X
North Weld County Water District, referral received September 5, 2006
" 4 Referrals with comments X
Weld County Zoning Compliance, referral received August 30, 2006
Weld County Department of Public Health and Environment, referral received
September 21, 2006 a Io/Iofz000
Weld County Department of Public Works, referral received September 18, 2006
Nui@rWeld County W0t.,rDistrict, referral received Septernb r
West Greeley Soil Conservation District, referral received September 5, 2006
5 Surrounding Property Owners-Letters (1,Li wuL,, aL cai„„,64/ X
' 6 PC Exhibits
• 7 Planning Corm iission Rcaolutien
I hereby certify that the items identified herein were submitted to the Department of Planning Services at or prior to the scheduled
Planning Commissioners hearing.
Hannah Hippely•f• a ner
EXHIBIT
SAS(? 4, 1577
2007-0104
Wi`PC.COLORADO LAND USE APPLICATION
SUMMARY SHEET
Planner: Hannah Hippely
Case Number: USR-1577 Hearing Date: November 7, 2006
Applicant: Sheryl and Roger Hill
Address: 1125, 2nd Street Road, Eaton CO, 80615
Request: A Site Specific Development Plan and a Special Review Permit for a use
permitted as a Use by Right, an Assessory Use, or a Use by Special Review
in the Commercial or Industrial Zone Districts (Outdoor Storage of Tires,
Semi-tractor, Cars, Trucks, Trailers, Farm Machinery, and Hay) in the
Agricultural (A) Zone District. .
Legal Description: Lot A of RE-3591; Pt. E2 SE4 Section 31, Township 7 North, Range 64 West
of the 6th P.M., Weld County, Colorado
Location: West of and adjacent to County Road 51; approximately 1/2 mile north of
County Road 74
Size of Parcel: 1.19 +/- 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 received August 30, 2006
• Weld County Department of Public Health and Environment, referral received September
21, 2006
• Weld County Department of Public Works, referral received September 18, 2006
• West Greeley Soil Conservation District, referral received September 5,2006
• North Weld County Water District, referral received September 5, 2006
EXHIBIT
USR-1577 Hill Page 1 of 9 1
The Department of Planning Services' staff has not received responses from the following
agencies:
• Weld County Sheriffs Office
• Galeton Fire Protection District F-6
•
USR-1577 Hill Page 2 of 9
Ascfrtg
SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
COLORADO
Planner: Hannah Hippely
Case Number: USR-1577 Hearing Date: November 7, 2006
Applicant: Sheryl and Roger Hill
Address: 1125, 2nd Street Road, Eaton CO, 80615
Request: A Site Specific Development Plan and a Special Review Permit for a use
permitted as a Use by Right, an Assessory Use, or a Use by Special Review
in the Commercial or Industrial Zone Districts (Outdoor Storage of Tires,
Semi-tractor, Cars, Trucks, Trailers, Farm Machinery, Hay) in the
Agricultural (A) Zone District.
Legal Description: Lot A of RE-3591; Pt. E2 SE4 Section 31, Township 7 North, Range 64 West
of the 6th P.M., Weld County, Colorado
Location: West of and adjacent to County Road 51; approximately 1/2 mile north of
County Road 74
Size of Parcel: 1.19 +/- acres
Parcel Number: 0711 31 400071
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 — That the proposed use is consistent with Chapter 22 and
any other applicable code provisions or ordinance in effect. Section 22-2-60 A.3.
Allow commercial and industrial uses, which are directly related to, or dependant
upon agriculture, to locate within the A (Agricultural) Zone District when impact to
USR-1577 Hill Page 3 of 9
the surrounding properties is minimal, and where adequate services and
infrastructure are currently available or reasonably obtainable. Agricultural
businesses and industries will be encouraged to locate in areas that minimize the
removal of agricultural land from production. Agricultural business and industries
are defined as those which are related to ranching, livestock production, farming
and agricultural uses. The proposed use is related to agriculture in that the majority
of the items on the premises will be tractor and other large vehicle tires as well as
farm implements and vehicles. The Conditions of Approval and Development
Standards will ensure that the impact on surrounding properties will be minimal. At
1.19 acres, this parcel is too small for viable farming and locating this use there
does not remove land from agricultural production.
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 allows for
any use permitted as a Use by Right, an Assessory Use, or a Use by Special
Review in the Commercial or Industrial Zone Districts as a Use by Special Review in
the A (Agricultural) Zone District.
This Use by Special Review application is the result of an active zoning violation
(VI-0400260). The Conditions of Approval and Development Standards will ensure
that the proposed use is compatible with its surroundings. The Use by Special
Review permit, if approved will correct the violation. If for any reason this
application is denied the violation case will proceed through district court as it was
presented to the Board of County Commissioners through the Violation Hearing
process on January 11, 2005. At this hearing the violation was referred to the
County Attorney's Office for legal action.
C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the
existing surrounding land uses. There are seven properties within 500 feet of the
property under consideration. All seven properties are zoned A (Agricultural). Of the
seven properties only two have residences; there is a single-family across CR 51
diagonal to the northeast. The other surrounding properties are used for agricultural
purposes. A dairy permitted under USR-1133 for 2500 cows lies a mile north of the
site, while the Town of Galeton lies a mile south. None of the surrounding property
owners have responded to this application.
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 property is not located in an area
where Chapter 22 of the Weld County Code proposes changes to the existing
conditions. There were no municipal or county referral agencies within a three (3)
mile radius of the property of which it could be the subject of an adopted Master
Plan.
E. Section 23-2-220.A.5 -- The application complies with Section 23-5 of the Weld
County Code. The property is not within any Overlay Districts.
Effective January 1, 2003, Building Permits issued on the proposed lots will be
USR-1577 Hill Page 4 of 9
required to adhere to the fee structure of the County Road Impact Program.
(Ordinance 2002-11)
Effective August 1, 2005, Building permits issued on the subject site will be required
to adhere to the fee structure of the Capital Expansion Impact Fee and the
Stormwater/Drainage Impact Fee. (Ordinance 2005-8 Section 5-8-40)
F. Section 23-2-220.A.6 -- The applicant has demonstrated a diligent effort to conserve
prime agricultural land in the locational decision for the proposed use. The site is
designated prime agricultural land on the Important Farmlands of Weld County map
dated 1979 although. The size of the parcel (1.19 acres) does not provide for viable
agriculture in accordance with Section 22-2-60.1.
G. Section 23-2-220.A.7 — There is adequate provision for the protection of the health,
safety, and welfare of the inhabitants of the neighborhood and the County. 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 scheduling a Board of County Commissioners hearing:
A. The applicant shall submit a detailed landscaping and/or screening plan to the Weld
County Department of Planning Services for review. This proposal shall address
the type of fencing materials, if metal fencing is suggested a painted surface or non-
reflective material is required. (Department of Planning Services)
B. The applicant has not delineated any on-site signs. If an on-site sign is desired, the
sign shall adhere to Section 23-4-90 of the Weld County Code. Further, the location
of the sign, if applicable, shall be delineated on the Plan Map. (Department of
Planning Services)
2. Prior to recording the plat:
A. The applicant shall address the requirements from the Department of Public Works
as stated in their referral dated September 15, 2006. Evidence of their approval
shall be submitted to the Department of Planning Services. (Departments of Public
Works and Planning Services)
B. The applicant shall address the requirements from the Weld County Department of
Public Health & Environment as stated in their referral dated September 20, 2006.
USR-1577 Hill Page 5 of 9
Evidence of approval shall be provided to the Department of Planning Services.
1. The applicant shall submit a dust abatement plan for review and approval, to
the Environmental Health Services, Weld County Department of Public
Health & Environment.
2. The applicant shall submit a waste handling plan, for approval, to the
Environmental Health Services Division of the Weld County Department of
Public Health & Environment. The plan shall include at a minimum, the
following:
a. A list of wastes which are expected to be generated on site (this
should include expected volumes and types of waste generated).
b. A list of the type and volume of chemicals expected to be stored on
site.
c. The waste handler and facility where the waste will be disposed
(including the facility name, address, and phone number). (Weld
County Department of Public Health & Environment)
C. The plat shall be amended to delineate the following:
1. All sheets of the plat shall be labeled USR-1577 (Department of Planning
Services)
2. The plan map shall meet all requirements as listed in Section 23-2-260.D of
the Weld County Code. (Department of Planning Services)
3. The attached Development Standards. (Department of Planning Services)
4. Approved signage and landscaping plans as applicable. (Department of
Planning Services)
5. If lighting is proposed or existing on site it shall be noted on the Plat. The
applicant shall adhere to the lighting standards, in accordance with Section
23-2-160.U.6 and Section 23-3-250.6.6 of the Weld County Code.
(Department of Planning Services)
D. The applicant shall submit two (2) paper copies of the plat for preliminary approval
to the Weld County Department of Planning Services. (Department of Planning
Services)
3. 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
USR-1577 Hill Page 6 of 9
resolution. The applicant shall be responsible for paying the recording fee. (Department of
Planning Services)
4. In accordance with Weld County Code Ordinance 2006-7 approved June 1, 2006, should
the plat not be recorded within the required thirty (30) clays from the date the Board of
County Commissioners resolution a $50.00 recording continuance charge shall added for
each additional 3 month period.
5. The Department of Planning Services respectively requests the surveyor provide a digital
copy of this Recorded Exemption/Subdivision Exemption/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)
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)
USR-1577 Hill Page 7 of 9
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Roger and Sheryl Hill
USR-1577
1. A Site Specific Development Plan and a Special Review Permit for a use permitted as a
Use by Right, an Assessory Use, or a Use by Special Review in the Commercial or
Industrial Zone Districts (Outdoor Storage of Tires, Semi-tractor, Cars, Trucks, Trailers,
Farm Machinery, Hay) in the Agricultural (A) Zone District. (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 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. The applicant must
take into consideration stormwater capture/quantity and provide accordingly for best
management practices. (Department of Public Works)
4. Parking areas and the access drive shall be surfaced with recycled asphalt, gravel, or the
equivalent and shall be graded to prevent drainage problems and dust control.
(Department of Public Works)
5. Opaque fencing must be erected and maintained around the full perimeter of the property.
The fence must be tall enough to fully screen stored items from abutting properties and
public rights of way. (Department of Planning Services)
6. The landscaping on site shall be maintained in accordance with the approved Landscape
Plan. (Department of Planning Services)
7. There will be no employees on-site; the site will be used for pick-up and delivery of items
and site maintenance purposes only. (Department of Planning Services)
8. Hours of operation are limited to 8:00am to 6:00 pm. (Department of Planning Services)
9. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act,
30-20-100.5, C.R.S.) shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination. (Department of Public Health and
Environment)
10. No permanent disposal of wastes shall be permitted at this site. (Department of Public
Health and Environment)
11. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive
USR-1577 Hill Page 8 of 9
dust, blowing debris, and other potential nuisance conditions. (Department of Public Health
and Environment)
12. Fugitive dust shall be controlled on this site in accordance with the approved Dust
Abatement Plan. (Department of Public Health and Environment)
13. 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)
14. 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)
15. Property shall be maintained in such a manner that grasses and weeds are not permitted to
grow taller than twelve (12) inches. In no event shall the property owners allow the growth
of noxious weeds. (Department of Planning Services)
16. 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. (Platte
Valley Soil Conservation District)
17. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240, Weld County Code.
18. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250, Weld County Code.
19. The operation shall comply with all applicable rules and regulations of the State and
Federal agencies and the Weld County Code.
20. 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.
21. 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.
22. The property owner or operator shall be responsible for complying with all of the foregoing
Development Standards. Noncompliance with any of the foregoing Development
Standards may be reason for revocation of the Permit by the Board of County
Commissioners.
USR-1577 Hill Page 9 of 9
DEPARTMENT OF PLANNING SERVICES
NORTH OFFICE
rhz411
918 10TH Street
GREELEY, CO 83541631
PHONE: (970) 353-61O1O 0, Ext. 3540
FAX: (970) 304-6498
viIgc.
COLORADO
August 28, 2006
Roger& Sheryl Hill
1125 god St. Rd
Eaton CO 80615
Subject: USR-1577- Request for a A Site Specific Development Plan and Special Review Permit for a
Junkyard or Salvage Yard in the A(Agricultural)Zone District on a parcel of land described as Lot
A of RE-3591; Pt SE4 of Section 31, T7N, R64W of the 6th P.M., Weld County, Colorado.
Dear Applicant:
Your application and related materials for the request described above are being processed. I have scheduled
a meeting with the Weld County Planning Commission for November 7,2006, at 1:30 p.m. This meeting will
take place in the Hearing Room, Weld County Planning Department, 918 10'" Street, Greeley, Colorado. It
is recommended that you and/or a representative be in attendance to answer any questions the Planning
Commission members may have.
It is the applicant's responsibility to comply with state statutes regarding notice to mineral estate owners.
Colorado Revised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01-1088) requires notification of all
mineral estate owners 30 days prior to any public hearing. The applicant shall provide the Weld County
Planning Department with written certification indicating the above requirements have been met.
It is the policy of Weld County to refer an application to any town or municipality lying within three miles of the
property or if the property is located within the comprehensive planning area of a town or municipality.
Therefore, our office has forwarded a copy of the submitted materials to the Planning Commission for their
review and comments. Please call 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 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„
Hannah Hippely
Planner
it MEMORANDUM
WI`D�. TO: Planning Commission
DATE: November 6, 2006
COLORADO
FROM: Hannah Hippely
SUBJECT: USR-1577 Additional Development Standards
Planning staff is recommending the addition of the following to the Development Standards of USR
1577: There shall be no parking or staging of equipment or vehicles on Weld County roads. Utilize
on site parking. This will be inserted as Development Standard number 5 so as to be inserted along
with the other recommendations made by Public Works. The Development Standards will be
renumbered accordingly.
Staff also recommends the following be added: When no one is present on the property the gate
shall be closed. This will be inserted as Development Standard number 7. The Development
Standards will be renumbered accordingly.
PLANNING COMMISSIONERS' SIGN POSTING CERTIFICATE
THE LAST DAY TO POST THE SIGN IS 10/29/06 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, Hannah Hippely, HEREBY CERTIFY UNDER P ALTIES OF PERJURY THAT THE SIGN
WAS POSTED ON THE PROPERTY AT LEAST I E►IFIFTEEN DAYS BEFORE THE BOARD
OF COMMISSIONERS HEARING FOR USR 15
Small '
G174et
Name of Person osting Sign
Signature o erson Posting Sign
STATE OF COLORADO
) ss.
COUNTY OF WELD
The foregoing instrument was subscribed and sworn to me this;)1 day of 1.�� Yd ! , 200 f.
WITNESS my hand and official seal. �
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FIELD CHECK Inspection Date: 9/3i £ ID , l
Applicant: Sheryl Hill Case#: USR-1577
Request: A Site Specific Development Plan and a Special Review Permit for a use permitted as a Use by
Right, an Assessory Use, or a Use by Special Review in the Commercial or Industrial Zone Districts
(Outdoor Storage of Tires, Semi-tractor, Cars, Trucks, Trailers, Farm Machinery, Hay) in the Agricultural
(A)Zone District.
Legal: Lot A of RE- 3591, Pt SE4 of Section 31, T7N, R64W of the 6th P.M., Weld County, CO
Location: West of and adjacent to CR 51, Approx .5 mile North of CR 74.
Parcel ID #:0711-31-4-00-071 Acres: 1.19 +/-
Zoning Land Use
N AG v
E AG E 44-
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S AG S
W AG W IL,
Comments:
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,d . 5 lGtc1 ' 1�' E�, . ( 4an . Pr1lad
UdMk {ct i.e- - r� Gift)? fed - Slots kM claw GAL
vQlltcle5 ' Gi 4- L
kuvy- d► <1;vo & Mz %icrD5S cC (51
° Pain, Nc ova Ce_ Ee lctAl L
e DI c r\ czar atuten c -1 ' vri n pstb cm, f,) boHN-,Iely
Hannah Hippely, Pla n r
/'House(s) ja Derelict Vehicles
Outbuilding(s) , Non-commercial junkyard (list components)
/Access to Property 22- Irrigation Sprinkler
.d Crop Productions ,d Crops
Z Site Distance ,6 Wetlands
,'Mobile Home(s) A Oil & Gas Structures
g"Other Animals On-Site E Wildlife
Water Bodies ,a' Utilities On-Site (transmission lines)
$7 Ditch V Topography
Note any commercial business/commercial vehicles that are operating from the site.
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