HomeMy WebLinkAbout20070220.tiff INVENTORY OF ITEMS FOR CONSIDERATION
Applicant Justin &Andrea Davis Case Number USR-1580
Submitted or Prepared
Prior to At
Hearing Hearing
1 Staff Comments X
Department of Planning Services Field Check Form X
Letter to Applicant X
Legal Notifications X
Sign Posting Affadavit X
2 Application X
Maps X
Deed/Easement Certificate
Surrounding Property/Mineral Owners X
Utilities
3 Referral List X
Referrals without comment X
Pawnee Fire District referral received 10/23/2006 X
West Greeley Soil Conservation District referral received 9/15/2006 X
4 Referrals with comments X
Weld County Department of Public Works referral received 9/29/2006 X
Weld County Department of Public Health and Environment referral received X
10/10/2006 (2 pages)
Weld County Zoning Compliance Officer referral received 10/9/2006 (2 pages) X
Weld County Department of Building Inspection referral received 10/9/2006 X
5 Surrounding Property Owners/Mineral Owners - Letters
6 PC Exhibits
7 Planning Commission Resolution
I hereby certify that the 10 items identified herein were submitted to the Department of Planning Services at or prior to the
scheduled Planning Commissioners hearing. p, ,
Chris Gathman •> Planner
EXHIBIT
US15SN
2007-0220
1 LAND USE APPLICATION
WIiDc. SUMMARY SHEET
COLORADO
Case Number: USR-1580 Hearing Date: November 7, 2006
Applicant: Justin &Andrea Davis
Address: 65989 County Road 99, Grover, CO 80729
Request: A Site Specific Development Plan and a Special Review Permit for a home
business (manufacturing steel frames for steel washers) in the A (Agricultural)
Zone District
Legal Description: Part SW4 of Section 32, T12N, R60W of the 6'" PM, Weld County, Colorado
Location: East of and adjacent to County Road 99 and approximately 3/4 mile south of
County Road 136
Size of Parcel: +/-4.25 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 10/9/2006
• Weld County Department of Public Health and Environment, referral received 10/11/2006
• Weld County Department of Public Works, referral received 9/29/2006
• Weld County Department of Building Inspection, referral received 10/9/2006
• West Greeley Soil Conservation District, referral received 9/15/2006
Referral responses have not been received from the following agencies:
• Pawnee Fire Protection District
• Division of Wildlife
EXHIBIT
USR-1580 Davis 1
I `g 0 SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
COLORADO
•
Planner: C. Gathman
Case Number: USR-1580 Hearing Date: November 7, 2006
Applicant: Justin &Andrea Davis
Address: 65989 County Road 99, Grover, CO 80729
Request: A Site Specific Development Plan and a Special Review Permit for a home
business (manufacturing steel frames for steel washers) in the (A)Agricultural
Zone District
Legal Description: Part SW4 of Section 32, T12N, R60W of the 6th PM, Weld County, Colorado
Location: East of and adjacent to County Road 99 and approximately 3/4 mile south of
County Road 136
Parcel Size: +/-4.25 acres Parcel Number: 0037 32 300009
The site is currently in violation (VI-0500409); if this Use by Special Review application is approved the
property will be in compliance. If denied, all commercial equipment and materials shall be removed from
the property; otherwise, the violation case will proceed accordingly.
THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE
APPROVED FOR THE FOLLOWING REASONS:
1. The submitted materials are in compliance with the application requirements of Section 23-2-260
of the Weld County Code.
2. It is the opinion of the Department of Planning Services' staff that the applicant has shown
compliance with Section 23-2-220 of the Weld County Code as follows:
a. Section 23-2-220.A.1 --The proposed use is consistent with Chapter 22 and any other
applicable code provisions or ordinance in effect. Section 22-2-60.D.A Goal 4 states:
"Conversion of agricultural land to nonurban residential, commercial and industrial uses
will be accommodated when the subject site is within an area that can support such
development." The use will incorporate an existing building and will have little to no
impact on the surrounding area. The proposed business will be operated inside of an
existing building with no outside storage.
USR-1580 Davis 2
b. Section 23-2-220.A.2 --The proposed use is consistent with the intent of the A
(Agricultural)Zone District. Sections 23-3-40.O of the Weld County Code provides for
Home Businesses as a Use by Special Review in the A(Agricultural)Zone District.
c. Section 23-2-220.A.3 --The uses which will be permitted will be compatible with the
existing surrounding land uses. This parcel is surrounded by vacant land on the north,
south, west and east sides. A single family residence is located approximately 1 mile to
the north of this site.
d. Section 23-2-220.A.4--The uses which will be permitted will be compatible with future
development of the surrounding area as permitted by the existing zoning and with the
future development as projected by Chapter 22 of the Weld County Code and any other
applicable code provisions or ordinances in effect, or the adopted Master Plans of
affected municipalities. The site is not located within a 3-mile referral area of any
municipalities.
e. Section 23-2-220.A.5--The application complies with Section 23-5 of the Weld County
Code. The site is not located 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.6 --The applicant has demonstrated a diligent effort to conserve
prime agricultural land in the locational decision for the proposed use. The site is located
on land that is designated as"prime if irrigated" per the 1979 USDA Prime Farmlands
Map of Weld County. The proposed use is located on an existing developed site and is
only 4.25 acres in size.
g. Section 23-2-220.A.7 --The Design Standards (Section 23-2-240, Weld County Code),
Operation Standards (Section 23-2-250, Weld County Code), Conditions of Approval and
Development Standards ensure that there are adequate provisions for the protection of
health, safety, and welfare of the inhabitants of the neighborhood and County.
This recommendation is based, in part, upon a review of the application materials submitted by the
applicant, other relevant information regarding the request, and responses from referral entities.
The Department of Planning Services'staff recommendation for approval is conditional upon the
following:
1. Prior to scheduling a Board of County Commissioners hearing:
A. If the applicant is proposing any signs for the proposed home business, the applicant
shall submit a detailed signage plan to the Weld County Department of Planning
Services. (Department of Planning Services)
2. Prior to recording the plat:
A. All sheets of the plat shall be labeled USR-1580. (Department of Planning Services)
USR-1580 Davis 3
B. The plat shall be amended to delineate the following:
1. The attached Development Standards. (Department of Planning Services)
2. County Road 99 is a local gravel road and requires a 60-foot right-of-way at full
build out. There is presently 60-feet of right-of-way. Thirty(30)feet from the
centerline of County Road 99 shall be indicated on the plat. The applicant shall
verify the existing right-of-way and the documents creating the right-of-way. If
the right-of-way cannot be verified, it shall be dedicated. (Department of Planning
Services/Department of Public Works)
C. The applicant shall submit a waste handling plan, for approval, to the Environmental
Health Services Division of the Weld County Department of Public Health 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 to be stored on site.
3) The waste handler and facility where the waste will be disposed (include the
facility name, address, and phone number). (Department of Public Health &
Environment)
Evidence of such shall be submitted to the Department of Planning Services.
D. A building permit shall be obtained for a change of use of the existing structure from an
outbuilding to manufacturing use. The applicant shall provide a letter from the Grover
Fire Protection District prior to applying for a building permit. Evidence of such shall be
provided to the Department of Planning Services. (Department of Building Inspection)
E. This application is to address a zoning violation (operation of a business without proper
permits) and was already brought before the Board of County Commissioners on
February 14, 2006. As a result an investigation fee of 50% of the application fee
($600.00) shall be paid to the Department of Planning Services. (Department of Planning
Services)
F. 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 resolution. The applicant shall be responsible for
paying the recording fee. (Department of Planning Services)
4. In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005, should the plat
not be recorded within the required sixty(60) days from the date the Administrative Review was
signed a $50.00 recording continuance charge may be added for each additional 3 month period.
USR-1580 Davis 4
5. 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(o)co.weld.co.us. (Department of Planning Services)
5. The Special Review activity shall not occur nor shall any building or electrical permits be issued
on the property until the Special Review plat is ready to be recorded in the office of the Weld
County Clerk and Recorder. (Department of Planning Services)
•
USR-1580 Davis 5
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Justin &Andrea Davis
USR-1580
1. A Site Specific Development Plan and a Special Review Permit for a home business
(manufacturing steel frames for steel washers) in the (A)Agricultural Zone District, as indicated in
the application materials on file and subject to the Development Standards stated hereon.
(Department of Planning Services)
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld
County Code. (Department of Planning Services)
3. The business shall adhere to the requirements for a Home Business as defined in Section 23-1-
90 of the Weld County Code. These requirements are:
A)The use is conducted primarily within a dwelling unit or accessory structure and
principally carried on by the family resident therein.
B) The use is clearly incidental and secondary to the principal permitted use and shall not
change the character thereof. (Department of Planning Services)
4. All materials and equipment associated with the business shall stored indoors as stated in the
application materials. (Department of Planning Services)
5. The business shall be limited to three (3) employees (family members) as stated in the
application materials. (Department of Planning Services)
6. The historical flow patterns and run-off amounts shall be maintained on site in such a manner that
it will reasonably preserve the natural character of the area and prevent property damage of the
type generally attributed to run-off rate and velocity increases, diversions, concentration and/or
unplanned ponding of storm run-off. (Department of Public Works)
7. The applicant must take into consideration storm water capture/quantity and provide accordingly
for best management practices. (Department of Public Works)
8. 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)
9. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those
wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal
Sites and Facilities Act, 30-20-100.5, C.R.S. (Department of Public Health and Environment)
USR-1580 Davis 6
10. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust,
blowing debris, and other potential nuisance conditions. (Department of Public Health and
Environment)
11. Fugitive dust and fugitive particulate emissions shall be controlled on this site. (Department of
Public Health and Environment)
12. The facility shall adhere to the maximum permissible noise levels allowed in the Commercial
Zone District as delineated in 25-12-103, C.R.S. (Department of Public Health and Environment)
13. Adequate handwashing and toilet facilities shall be provided. Family members will utilize the
bathroom facilities in the residence. (Department of Public Health and Environment)
14. 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)
15. The facility shall utilize the existing well. (Department of Public Health and Environment)
16. The existing well is not being used for commercial purposes in association with this business.
Should the applicant use the well for commercial purposes (for example, constructing a bathroom
for employees); a new commercial well permit shall be required. (Division of Water Resources)
17. A building permit shall be obtained prior to the construction of any new building, addition or
remodel of existing buildings. (Department of Building Inspection)
18. 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 2002 National Electrical Code and Chapter 29 of the Weld
County Code. (Department of Building Inspection)
19. Building height shall be measured in accordance with the 2003 International Building Code for the
purpose of determining the maximum building size and height of 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.
Offset and setback requirements are to the farthest projection from the building. (Department of
Building Inspection)
20. 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. Provide a
Code Analysis Data Sheet provided by the Weld County Building Department with each Building
permit application. (Department of Building Inspection)
21. Effective January 1, 2003, Building Permits issued on the proposed lots will be required to adhere
to the fee structure of the Weld County Road Impact Program. (Ordinance 2002-11) (Department
of Planning Services)
USR-1580 Davis 7
22. 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)
23. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code.
24. The property owner or operator shall be responsible for complying with the Operation Standards
of Section 23-2-250,Weld County Code.
25. The operation shall comply with all applicable rules and regulations of the State and Federal
agencies and the Weld County Code.
26. 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.
27. 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.
28. 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-1580 Davis 8
DEPARTMENT OF PLANNING SERVICES
4 NORTH OFFICE
?0;tic
918 10TH Street
GREELEY, CO 80631
PHONE: (970) 353-6100, Ext. 3540
FAX: (970) 304-6498
111k.
COLORADO
September 12, 2006
Justin Davis
65898 CR 99
Grover CO 80729
Subject: USR-1580- Request for a A Site Specific Development Plan and Special Review Permit for a
home business(manufacturing steel frames for steel washers)in the A(Agricultural)Zone District
on a parcel of land described as Part SW4 of Section 32, T12N, R60W 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.
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,
So
tom' Alt
Chris Gathman
Planner
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 POSTA 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 LTIES OF PERJURY THAT THE SIGN
WAS POSTED ON THE PROPERTY AT LEASTFIFTEEN DAYS BEFORE THE BOARD
OF COMMISSIONERS HEARING FOR USR 1580.
S/la] C 4e//
Name of Person Posting Sign
Signature of Person Posting Sign
STATE OF COLORADO
) ss.
COUNTY OF WELD
The foregoing instrument was subscribed and sworn to me this?May of C (k',kr , 2006.
WITNESS my hand and official seal.
LtitrastP(-11-6CAGM. /
Notary Public • THANYN
My 1b lah�i .......•••..
Commission Expires: � f CO....=
. _
L .cassulaiGI �
---4 - -_ _ _ - - _
10 / 27 / 2006
k __y
_ - _ 7 11111 -- /
� I
rv_ . - - ' •
- _-^-" - rte- -:.r . -
•
-
_ ` - _ - _ — _a — . . — — _ -
r .r. .__ —�— . . c. _ -
E ring
nn� NOTIC XC[RXIMC -
r'41% - r R PUBI IC NF RP IPX Ill BE NEED AI -
' 1N15 PROP[R11' ' i . .11.:...-.I -• a n d a ,�
y..'
i 4- — Il Wlal xb.+ 11 i11,, -r.i"
4t
1- #•_ �f - utFOR MORE IMEORMARIM Call '.' " _!Is
• s - .."-C.
� WEED COUNTY DEPARTMENT of -i +f1 sr�>E-�
. . . - PLANNING SERVICES AT y. . -
• (970)353-6100 at. 3570 ,.a.a ., Y :- .
X11 -~7r ' - -
rt N � • '
�q l
�_ _ , 10 / 27 / 2006
Ps- 'r
. , . ,i ' 1i
C
___ . ,
_ __ __ ____ _ __ _ _t __
_ ___ __ _ .,.. _ _ _
.,. _ _ _ _ , _ __ _
. _ _ _ _
_ .
•._
_ _ _ .
,:...... .
.....fr4wee. •••••...... , . ' .
t '? in; NOTICE rma •
' ••••-r s A PUBLIC HEARING CONCERNING .... -" �'t-- " .
.7,..,_-
" THIS PROPERTY WILL BE NILO AT. - i.
5
1 ./ J • -
:C 11 ` •
r. pA1151 ..
'It:, z' ¢Ilt - - _
L FOR MORE INFOAMAIION CALL _
WEIPLANM NC SERYICESEAT OF ,_
� _., (910)353 6100 tit JS A
-0 a✓c
�y� r '1 A k W `vC
?icy .�y t. ... c. ,.
J
t1.1x ' < ., ` 174 10 / 27 / 2006
ttk> * L —IC:
.. �Ftr f -
_. -
1; u,
_ _ -Mag
- -_ 3 C , pere illariF.��•
� =
r
" ` ••-•.--•-•-
•
_. •
• - _ ,+ 10 / 27 / 2006
1
r _ti - r• T—
Jammer traAllIal
i `r-_. if - -- . . - - ---sl s
_ _
.5. 'a t d•Citit.`.SC y^!.� tT � "
= ^�i. . �..r �yMr '.y - e
r M4t trig. xcatio,:. M4 4.4't 24"...`.-7- -
�n
• 10 / 27 / 2006
10 / 27 / 2006
FIELD CHECK inspection dates:10/27/2006
APPLICANT: Davis CASE #: USR-1580
REQUEST:Use by Special Review Permit for a for a Home Business (manufacturing steel
frames for steel washers) the A (Agricultural) Zone District
LEGAL: Part SW4 of Section 32, T12N, R60W of the 6th P.M., Weld County, Colorado
LOCATION: East of and adjacent to CR 99 and 3/4 mile south of CR 136
PARCEL ID #: ACRES: +/- 4.25 Acres
Zoning Land Use
N A N rangeland
E A E rangeland
S A S rangeland
W A W rangeland
COMMENTS:
Dryland site with existing residences and outbuildings.
ju;sio
Chris Gathman - Planner II
Hello