HomeMy WebLinkAbout20072803.tiff INVENTORY OF ITEMS FOR CONSIDERATION
• Applicant Warren & Deborah Smith Case Number USR-1613
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
Affadavit of sign posting X
Legal Notifications X
2 Application X
Maps X
Deed/Easement Certificate X
Surrounding Property/Mineral Owners X
Utilities X
3 Referral List X
• Referrals without comment
Weld County School District RE-1J, referral received 4/25/07 X
Town of Erie, referral received 4/27/07 X
State of Colorado, Geologic Survey, referral received 5/2/07 X
Longmont Soil Conservation District, referral received 5/10/07 X
4 Referrals with comments X
Weld County Zoning Compliance, referral received 5/9/07 X
N
Weld County Department of Building Inspection, referrals received 5/16/07 X
Weld County Department of Public Works, referral received 5/23/07 X
Town of Frederick, referral received 5/1/07 X
v
Weld County Ambulance Services, referral received 4/28/07 X
Mountain View Fire Protection District, referral received 5/11/07 X
Weld County Planning, Landscape, referral received 4/20/07 X t
Weld County Department of Public Health and Environment, referrals received X
5/24/07 '
N' 5 Surrounding Property Owners- Letters
•
Letter from Ray Hogan faxed 4/24/07 ) X
� �,��! urida, 12e e>zlu��,fe
-6- PC Exhibits X
EXHIBIT
2007-2803
annmg o ion X
•
I hereby certify that the BBBB items identified herein were submitted to the Department of Planning Services at or
prior to es ed Wing issio rs hearing.
•
ichelle Martin❖ Planner II
•
• 446,t4n.
LAND USE APPLICATION
COLORADO SUMMARY SHEET
Planner: Michelle Martin Hearing Date:July 17,2007 continued from June 19,
2007
Case Number:USR-1613
Applicant: Warren and Deborah Smith
Address: 4871 County Road 7, Erie CO 80516
Request: A Site Specific Development Plan and Special Review Permit for A Use Permitted
as a Use by Right, an Accessory Use, or a Use by Special Review in the
Commercial or Industrial Zone Districts, (Gutter Business) in the A(Agricultural)
Zone District
Legal
Description: Pt. NE4 of Section 9, Ti N, R68W of the 6th P.M., Weld County, CO
• Location: South of and adjacent to County Road 12 and West of and adjacent to County Road
7
Size of Parcel: 3.45 +/- 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 5/9/07
• Weld County Department of Public Health and Environment, referrals received 5/24/07
• Weld County Department of Public Works, referral received 5/23/07
• Weld County Department of Building Inspection, referrals received 5/16/07
• Weld County Planning, Landscape, referral received 4/20/07
• Mountain View Fire Protection District, referral received 5/11/07
• Town of Erie, referral received 4/27/07
• Weld County Ambulance Services, referral received 4/28/07
• Town of Frederick, referral received 5/1/07
• Weld County School District RE-1J, referral received 4/25/07
• Longmont Soil Conservation District, referral received 5/10/07
•
USR-1613 Smith 1 EXHIBIT
5
• • State of Colorado, Geologic Survey, referral received 5/2/07
The Department of Planning Services'staff has not received responses from the following agencies:
• Union Pacific Railroad
• State of Colorado Division of Wildlife
• Weld County Sheriff's Office
• Erie Airport Authority
• City of Dacono
• Boulder County
• City and County of Broomfield
• Left Hand Water District
• Frederick Fire Protection District
•
•
USR-1613 Smith 2
•
� \ SPECIAL REVIEW PERMIT
�\1 ADMINISTRATIVE REVIEW
COLORADO
Planner: Michelle Martin Hearing Date:July 17,2007 continued from June 19,
2007
Case Number:USR-1613
Applicant: Warren and Deborah Smith
Address: 4871 County Road 7, Erie CO 80516
Request: A Site Specific Development Plan and Special Review Permit for A Use Permitted
as a Use by Right, an Accessory Use, or a Use by Special Review in the
Commercial or Industrial Zone Districts, (Gutter Business) in the A (Agricultural)
Zone District
Legal
. Description: Pt. NE4 of Section 9, T1 N, R68W of the 6th P.M., Weld County, CO
Location: South of and adjacent to County Road 12 and West of and adjacent to County Road
7
Size of Parcel: 3.45 +/- acres Parcel Number:1467 09 100012
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(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." Application materials indicate that the site can support the proposed
use.Conditions of Approval and Development Standards ensure that a reasonable
attempt will be made to be compatible with the region.
•
uSR-1613 Smith 3
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
fora Site Specific Development Plan and Special Review Permit for A Use Permitted
as a Use by Right, an Accessory Use, or a Use by Special Review in the
Commercial or Industrial Zone Districts, (Gutter Business) in the A (Agricultural)
Zone District. Currently the property is in violation(VI-0700032)for the operation of
Front Range Seamless Gutters without an approved and recorded Use by Special
Review permit(USR). If the USR is approved the violation will be closed. If denied,
staff would request that thirty(30)days be allowed for the business to be completely
removed from the property before proceeding with legal action in District Court.
C. Section 23-2-220.A.3--The uses which will be permitted will be compatible with the
existing surrounding land uses. The surrounding property is predominantly
agricultural and residential land. The property east of and adjacent to the proposed
development is currently within the municipal limits of the Town of Erie. The
surrounding property to the west and south of the property is a residential subdivision
(ScottAcres). The property to the north is agricultural. The Department of Planning
Services has received one letter from a surrounding property owner indicting they
are"okay"with the proposed facility. The Development Standards and Conditions
of Approval will ensure compatibility with adjacent properties and the character of the
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 subject property lies within the three
mile referral area of the City of Dacono,Town of Erie,City and County of Broomfield,
Town of Frederick,and Boulder County. The Town of Erie indicated in their referral
dated 4/26/07 they find no conflicts with the proposed development. The Town of
Frederick in their referral dated 4/30/07 states that the proposed development should
be located within a municipality where the resources exist to adequately serve the
development and an economy of scale exists to assist with public safety,
improvements and infrastructure. The Town of Frederick continue to state that they
have no objection to the proposal or interest in annexing this site,for consideration,
there are several vacant lots within the Glacier Business Park and other area zoned
for this use that would provide for the proposed business,as a use by right,without
any additional improvements or investment in public infrastructure, concerns for
health and safety,or conflicts with the existing and future neighborhood. The City of
Dacono,City and County of Broomfield,and Boulder County have not responded to
the referral request.
E. Section 23-2-220.A.5 -- The application complies with Section 23-5 of the Weld
County Code. The site lies within the Erie Airport and Geologic Hazard Overlay
Districts. The State of Colorado, Geologicl Survey referral dated 4/30/07
indicated they have reviewed the proposed development and find no conflicts with
their interests. The applicant will need to adhere to Article V Division 2 of the
Weld County Code regarding the Geologic Hazard Overlay District. The Erie
• Airport Authority did not respond the referral request.
USR-1613 Smith 4
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)
(Department of Planning Services)
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 subject site is designated Prime if Irrigated on the Farmlands of National
Importance by the 1979 USDA Soil Conservation Services map. The lot consists
of 3.45 acres and is too small to be a viable farming operation as defined by
Section 22-2-60.1 of the Weld County Code.
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 recording the plat:
A. The plat shall be amended to delineate the following:
1) All sheets of the plat shall be labeled USR-1613. (Department of Planning
Services)
2) The attached Development Standards. (Department of Planning Services)
3) The approved Landscape/Screening Plan. The applicant shall delineate a
plant list to coincide with the Landscape Plan. The list shall include how
the plants will be maintained and irrigated. All landscaping except for the
native grasses shall be removed from County Road right-of-way and
future right-of-way. (Department of Planning Services)
4) County Road 12 is classified by the County as a major arterial road, which
requires 70 feet of right-of-way at full build out. The applicant shall verify
the existing right-of-way and the documents creating the right-of-way. The
plat shall delineate the existing right-of-way and the documents which
• created it along with any additional future right-of-way required.
USR-1613 Smith 5
(Department of Public Works)
• 5) The applicant shall relocate the north access drive at the intersection of
County Road 12 and County Road 7 to a safe location per Weld County
Department of Public Works or remove the access. Evidence of such
shall be submitted to the Department of Planning Services. (Department
of Public Works)
6) The applicant shall show sight distance triangles for all access points.
(Department of Public Works)
7) The off-street parking spaces including the access drive shall be surfaced
with an all weather surface material and shall be graded to prevent
drainage problems. Each parking space shall be equipped with wheel
guards or curb stops where needed to prevent vehicles from extending
beyond the boundaries of the space and from coming into contact with
other vehicles, walls, fences, or plantings. (Department of Public Works)
8) The applicant shall designate employee, customer, and business parking
on the plat and dimension them accordingly to Section 23-2-260.D.5.C.10
of the Weld County Code. (Department of Public Works)
9) This facility shall adhere to the number of on-site parking spaces indicated
in Appendix 23-B of the Weld County Code. The total number of on-site
parking for this facility shall be thirty four (34) spaces, of which one (2)
•
shall be a van accessible handicapped parking stall meeting all of the
requirements as set forth in the Americans with Disabilities Act.
The applicant shall address and adhere to the American with Disabilities
Act and ADA standards for this facility at all times. Non-ambulatory/
ambulatory parking spaces shall be identified and shown on the plat. This
site will be required to meet all requirements of the Americans with
Disabilities Act. At least two spaces must be van accessible. The
parking spaces must be the closest possible to the entrance. Signing will
be required. Curb cuts, ramps and other methods of providing
accessibility shall be required to reasonably attempt to meet the
requirements of this Act. Should the applicant elect to not adhere to the
previously discussed Federal Standards, this office requests that the
applicant outline how their proposed site design mitigates the
requirements of the American's with Disabilities Act. (Department of
Planning Services and Public Works)
8) If applicable the location and diagram of all signs shall be noted on the
USR plat. (Department of Planning Services)
9) The plat shall be prepared in accordance with Section 23-2-260.D of the
Weld County Code. The plat scale shall be enlarged to 1"=40'.
(Department of Planning Services)
• 10) The applicant shall delineate the trash collection areas. Section
USR-1613 Smith 6
23-3-350.H of the Weld County Code addresses the issue of trash
• collection areas. Areas used for storage or trash collection shall be
screened from adjacent public rights-of-way and adjacent properties.
These areas shall be designed and used in a manner that will prevent
wind or animal scattered trash. (Department of Planning Services)
11) The applicant shall delineate all onsite lighting. Section 23-3-360.F of the
Weld County Code, addressing the issue of on-site lighting, including
security lighting if applicable, states "any lighting ... shall be designed,
located and operated in such a manner as to meet the following
standards: sources of light shall be shielded so that beams or rays of light
will not shine directly onto adjacent properties...." (Department of
Planning Services)
12) All storm water facilities shall be located on the plat. (Department of
Public Works)
13) The applicant shall include the book and page or reception number for the
easement on the south side of the property or remove it from the plat.
(Department of Planning Services)
14) The applicant shall verify the existing and future right-of-way for County
Road 7 with the Town of Erie and delineate the information on the plat.
(Department of Planning Services and Public Works)
• B. The applicant shall enter into an Improvements Agreement according to policy
regarding collateral for improvements and post adequate collateral for all required
improvements. 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. The improvements agreement will not be needed if the
necessary improvements are done to the satisfaction of the Department of Public
Works and the Department of Planning Services. (Department of Planning
Services)
C. The applicant shall attempt to address the requirements (concerns) of the Weld
County Ambulance Services as stated in the referral response dated 4/25/07.
Evidence of such shall be submitted in writing to the Weld County Department of
Planning Services. (Weld County Ambulance Services)
D. The septic system serving the home shall be reviewed by a Colorado Registered
Professional Engineer. The review shall consist of observation of the system and
a technical review describing the systems ability to handle the proposed hydraulic
load. The review shall be submitted to the Environmental Health Services Division
of the Weld County Department of Public Health and Environment. In the event
the system is found to be inadequately sized or constructed the system shall be
brought into compliance with current Regulations. Evidence of such shall be
submitted to the Weld County Department of Planning Services. (Department of
Public Health and Environment)
•
USR-1613 Smith 7
E. 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 Department of Public Health and
Environment approval 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)
F. The applicant shall address the requirements (concerns) of the Weld County
Department of Public Works as stated in the referral response dated 5/15/07.
Evidence of such shall be submitted in writing to the Weld County Department of
Planning Services. (Weld County Department of Public Works)
G. The applicant shall attempt to address the requirements (concerns) of the Town
of Frederick as stated in the referral response dated 4/30/07. Evidence of such
shall be submitted in writing to the Weld County Department of Planning
Services. (Weld County Department of Public Works)
• H. The applicant shall address the requirements (concerns) of the Weld County
Department of Planning Services, landscape referral as stated in the referral
response dated 4/20/07. 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 Weld County
Department of Building Inspection as stated in the referral response dated
5/16/07. Evidence of such shall be submitted in writing to the Weld County
Department of Planning Services. (Department of Planning Services)
J. 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)
K. The applicant has not delineated any on-site sign(s). If any on-site sign(s) are
desired the Department of Planning Services shall be notified in writing.
(Department of Planning Services)
•
USR-1613 Smith 8
L. The applicant shall submit a Landscape/Screening Plan to the Department of
• Planning Services for review. Section 23-3-250.A.9 of the Weld County Code
states, "uses involving outdoor storage of vehicles, (including the parking of
employees vehicles) equipment or materials when permitted shall be screened
from public rights-of-way and all adjacent properties." (Department of Planning
Services)
M. The applicant shall submit two (2) paper copies of the plat for preliminary
approval to the Weld County Department of Planning Services. (Department of
Planning Services)
2. Upon completion of 1. 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)
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@co.weld.co.us.
•
(Department of Planning Services)
4. The Special Review activity shall not occur nor shall any building or electrical permits be
issued on the property until the Special Review plat is ready to be recorded in the office
of the Weld County Clerk and Recorder. (Department of Planning Services)
5. 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 Board of
County Commissioners resolution was signed a $50.00 recording continuance charge
may be added for each additional 3 month period. (Department of Planning Services)
•
USR-1613 Smith 9
SITE SPECIFIC DEVELOPMENT PLAN
• SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Warren and Deborah Smith
USR-1613
1. A Site Specific Development Plan and Special Review PermitforA Use Permitted as a Use
by Right, an Accessory Use, or a Use by Special Review in the Commercial or Industrial
Zone Districts, (Gutter Business) in the A (Agricultural) 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. 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,3020100.5,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. Fugitive dust and fugitive particulate emissions shall be controlled on this site. (Department
of Public Health and Environment)
8. 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)
9. Adequate toilet and handwashing facilities shall be provided for employees. The employees
shall be allowed to use the toilet facilities located in the residence. (Department of Public
Health and Environment)
10. Sewage disposal for the facilitiy 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)
11. The facility shall utilize the existing public water supply. (Left Hand Water District)
•
USR-1613 Smith 10
(Department of Public Health and Environment)
• 12. The operation shall comply with all applicable rules and regulations of the State and Federal
agencies and Weld County Code. (Department of Public Health and Environment)
13. Effective January 1,2003, Building Permits issued on the proposed lots will be required to
adhere to the fee structure of the County Road Impact Program. (Ordinance 2002-11)
(Department of Planning Services)
14. Effective August 1, 2005, Building Permits issued on the proposed lots 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)
15. The Landscape/Screening on site shall be maintained in accordance with the approved
Landscape/Screening Plan. (Department of Planning Services)
16. The hours of operation will be limited to 8:00 AM -6:00 PM, seven (7) days a week.
(Department of Planning Services)
17. The number of employees for the business shall be limited to twenty (20) people.
(Department of Planning Services)
18. All vehicles located on the property must be operational and with current license plates and
tags. (Department of Planning Services)
• 19. All material and equipment with the exception of vehicles shall be stored in an enclosed
structure. (Department of Planning Services)
20. 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 Planning Services)
21. A building permit application must be completed and two complete sets of plans including
engineered foundation plans bearing the wet stamp of a Colorado registered architect or
engineer must be submitted for review.A geotechnical engineering report preformed by a
registered State of Colorado engineer shall be required. (Department of Building Inspection)
22. A plan review must be approved and a permit must be issued prior to the start of
construction on the site. (Department of Building Inspection)
23. Setback and offset distances shall be determined by the 2003 International Building Codes
and Chapter 23 of the Weld County Code(Offset and setback distances are measured from
the farthest projection from the structure). (Department of Building Inspection)
24. Building plans shall be submitted to the Mountain View Fire District and the Frederick Fire
Protection District for approval. (Department of Building Inspection)
•
USR-1613 Smith 11
25. On-site lighting, including security lighting if applicable shall maintain compliance with
• Section 23-3-250.B.6 of the Weld County Code. (Department of Planning Services)
26. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240, Weld County Code.
27. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250, Weld County Code.
28. 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.
29. 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.
30. 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-1613 Smith 12
Ill ID
4 i DEPARTMENT OF PLANNING SERVICES
d� SOUTHWEST OFFICE
ll:i q\( ' 4209 CR
LONGMONT, COC 8050 80504
PHONE: (720)652-4210, Ext. 8730
"p C.DC.
FAX: (720)652-4211
COLORADO
April 19, 2007
Warren &Deborah Smith
4871 CR 7
Erie CO 80516
Subject: USR-1613- Request for a Site Specific Development Plan and Special Review Permit for A Use Permitted as a Use by
Right,an Accessory Use,or a Use by Special Review in the Commercial or Industrial Zone Districts, (Gutter Business) in
the A(Agricultural)Zone District on a parcel of land described as part of the NE4 of Section 9,Ti N, R68W 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 June 19,2007, 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,
0 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.
e 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 Dacono,Erie and Frederick Planning Commission for their review and comments. Please call Dacono at 303-833-2317,
Erie at 303-926-2700 and Frederick at 303-833-2388 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 Dacono, Erie and Frederick 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.
Resp tfu ., pilii
Michelle Martin
Planner
•
• •
MEMORANDUM
• WIDc TO: Planning Commissioners
COLORADO DATE: June 8, 2007
FROM: Michelle Martin
SUBJECT: USR-1613
The applicants in their letter dated 6/1/07 are requesting a continuance of USR-1613 until
7/17/07 because of an oversight regarding mineral notification. USR-1613 is for A Site
Specific Development Plan and Special Review Permit for A Use Permitted as a Use by
Right, an Accessory Use, or a Use by Special Review in the Commercial or Industrial
Zone Districts, (Gutter Business) in the A (Agricultural) Zone District.
•
•
•
• Michelle Martin 6-1-07
Weld County Dept of Planning Services
4209 CR 24.5
Longmont, Co 80504
Due to our oversight we have notice that the statute regarding notice to mineral owners
thirty day notice has lapsed. Per our conversation could we please move the meeting
with the Weld County Planning Commission scheduled for June l9th, 2007 to July 17th
2007 at 1:30p.m. I appreciate your help on this matter.
Thanks you,
Deborah A Smith
Warren D Smith
aiCan-1 bvi loy, At
•
•
• PLANNING COMMISSIONERS' SIGN POSTING CERTIFICATE
THE LAST DAY TO POST THE SIGN IS 7/7/07 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, Michelle Martin, HEREBY CERTIFY UNDER PENALTIES OF PERJURY THAT THE SIGN
WAS POSTED ON THE PROPERTY AT LEAST 10 DAYS BEFORE THE PLANNING
COMMISSIONERS HEARING FOR USR-1613 IN THE A (AGRICULTURAL)
ZONE DISTRICT.
Michelle Martin
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 O2 day of tij Gc-fC.�--t , 2007.
WITNESS my hand and official seal. 11
Stuortn_
Notary Public
•
cn A O
My Commission Expires: Al/q/ZO 0 ,? 8..10••OpQO
•
•
it it : rl ';')0(.1
( .i• .. i - ' 2
lii
,�ifi 4 •�%,�,f t\ 4. ,',I • (
' I 1 z tkie. NOTICE Wail •
4� 'Z t ( ; 'I'', COLORADO.
ADO COLORADO " r ��
` '' A PUBLIC HEARING CONCERNING
t`t",.; if. thi 4' THIS PROPERTY WILL BE HELD AT:
' ••,. : 4 ' ,,1 satth + /W0� �UP,1Ll i , r . .rte/
...
} '' 'r s ,5 wl .
•.• Jr M'lIs;•,0 y20q CR 24.5 Cor y,o„t.(^�u,,.1 .' ` _-, • . .4
...
1 i
( _ ON 3un� I� + ,, ar ,
A '', , 20 O7 AT 3O(am ; '.
S
,,
• 1 , ' NAME 4 "rah cS►m
i• ?;
/' lea"la REQUEST Gaiter �uainess in A9 Zones ,# .r .
.ir4: NO. Lk Q-Ibl3 -
• \,:--, ', 'tt` CASE + 3 � .
ACR �"
I . FOR MORE INFORMATION CALL
` , ' `' WELD COUNTY DEPARTMENT 0
+
' PLANNING SERVICES AT "
(970 )353-6100 ext. 3540 I k 05 / 29 / 2007
1
1 y
, ; • .
1 -
_ .`
F �Y, ,e., ,1 % 5 ;•'.•r ' !!rte
:73.,;i:'n � ...i • K 1. . .
•is/ �,:
tr • *.- y `
_ .. 1
•
. - :a. -t
05 / 29 / 2007
Looking West from CR 7 _ n.
r t
,'115 •• '..‘,rt. a
' +:k : 14
•
' ..
,
l w c t
- n.
e `fa i •i
c.
a•, . ' -.:".:.{. •'i � '..Q S_•-:
• 1J ' i I,.
. _t
I.
Y
.- 1 � ={'C"�_^t.`�a. t�.�t ���i I �tii li �� a � � �
—� j
I
+•Y _ •-
Looking Northwest from
CR - 7
f•
i. it
I
:M •�<•. 4
..
•
. r .qr �
31
1' • . f
• J r
1.
Ih �tw + W r
r a
I
•f I _•_�� fie' -.
Looking Northwest from Y : .. FL . . Yoh �b��-
.4.1.4„ , - iffill ,:.
TWIN
a
I
- I •
1
Iw 1 .. I ti. �ewic _ �� f•��k• a... .�.. -rte
Pr _-_,..7...
4 1 c a. _ 1/7.:7,,, i ' 7//////NAV ' .
/ iimi
..,;21 - A.- - .. ----is--- . , ., , ,, , , ,,/ .,,, ,
u .� aie
•
05 2007
Lo,gsWiig West from CR
ilk
:7_ .Ammar
K PRO, l
.. w ` ate
l
1EE ._-_ S. a��
glammisi
1 � + \ `, .M Qt 5a"` S:ainRweReesi t 91104 vr.
�-
05/ 29/ 2007
Looking Northwest from
allIMILI. lalaell
�. ilk
tea•
1
Ir
S-- _ _ _.
a
.i ✓a -�� � a
Y
w v-
'�q_ r ..� ):.1 ..
. ._ �,_ :::• w .e. ; 05 / 29 / 2007
Looking Southwest from
CR7
' '• * lir
.44 NO
lit
ler-----a ..s
4
,w
rII r
` ' w _ lti�
iatAtakir .,
_ - qqvv 11 -- -
y
r
:. 7.4:.t . • 1I"' -- ..4, --,.. /29 /2007
• - we t i •` -•--.•2:, _
Looking West from CR
7
• ..
-
illigill
S.
• r
* , II
♦• - 4.-. as ibr ' �. _
-
• k •
-
® _' • ---- ----
05 /29 / 2007.
Looking South from CR 12
and 7
• 1.
'�.. Or
•
.11
s alp
•
W 1`
fJ 7 i�.- ..� u
_�.� 1 { 05/ 29 / 2007
Looking Northwest from CR 7 and
SI
as
llIli * me• Air
- as _
it.T -
/// •
•
l I
4
- 05/ 29 / 2007
Looking Northeast from CR 12 and .
CR 7
• FIELD CHECK inspection date: 6/29/07
Planner: Michelle Martin Hearing Date: July 17, 2007 continued from
June 19, 2007
Case Number: USR-1613
Applicant: Warren and Deborah Smith
Address: 4871 County Road 7, Erie CO 80516
Request: A Site Specific Development Plan and Special Review Permit for A Use
Permitted as a Use by Right, an Accessory Use, or a Use by Special Review in
the Commercial or Industrial Zone Districts, (Gutter Business) in the A
(Agricultural) Zone District
Legal
Description: Pt. NE4 of Section 9, Ti N, R68W of the 6th P.M., Weld County, CO
Location: South of and adjacent to County Road 12 and West of and adjacent to County
Road 7
Size of Parcel: 3.45 +/- acres
• Zoning Land Use
N A (Agricultural) N Agricultural
E Town of Erie E Agricultural
S A (Agricultural) S Agricultural
W A (Agricultural) W Residential - Scott's Acres Subdivision
COMMENTS:
The site currently has one home and some out buildings.
The two access to the site are from CR 7.
The u r b si ss p ating from the site.
iche e Martin , Planner
Hello