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HomeMy WebLinkAbout20070791.tiff INVENTORY OF ITEMS FOR CONSIDERATION Applicant Union Pacific Railroad Company c/o Gregg Case Number USR-1585 Larsen for Darrel and Christina Felton ATM Auto Sales Submitted or Prepared Prior to At Hearing Hearing 1 Staff Comments X N Department of Planning Services Field Check Form X v Planning Commissioner Field Check Form N. Letter to Applicant X Affidavit of sign posting X N Legal Notifications X . 2 Application X Maps X Deed/Easement Certificate X N. Surrounding Property/ Mineral Owners X v Utilities X ., 3 Referral List X N. Referrals without comment X Town of Platteville, referral received October 10, 2006 X Public Service Company of Colorado, referral received October 30, 2006 X Platteville/Gilcrest Fire Protection District, referral received October 18, 2006 X Platte Valley Soil Conservation District, referral received October 18, 2006 X 4 Referrals with comments X Weld County Department of Building Inspection, referral received October 26, 2006 X Weld County Zoning Compliance, referral received October 6, 2006 X �_ Weld County Department of Public Health and Environment, referral received X November 1, 2006 -.. Weld County Department of Public Works, referral received October 11, 2006 X N. Colorado Department of Transportation, referral received October 6,2006 X . Town of Milliken, referral received October 11,2006 X Town of Gilcrest, referral received October 30, 2006 X 5 PC Exhibits 6 Planning Commission Resolution X I hereby certify that the twenty three items identified herein were submitted to the Department of Planning Services at or prior to the scheduled Board of C.un Commissioners hearing. • EXHIBIT Jacqueline Hatch Planner 2007-0791 COLORADO LAND USE APPLICATION SUMMARY SHEET Case Number: USR-1585 Hearing Date: December 19, 2006 Applicant: Union Pacific Railroad Company c/o Gregg Larsen for Darrel and Christina Felton ATM Auto Sales Address: 1400 Douglas Street Mail Stop 1690, Omaha NE 68179-1690 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 (Vehicle Sales Establishment) in the A (Agricultural)Zone District. Legal Description: Part of E2E2SW4 of Section 7, T3N, R66W of the 6th P.M., Weld County, CO. Location: East of and adjacent to State Highway 85 and approximately 1/4 mile north of County Road 34 - located within railroad right-of-way. Size of Parcel: 1.84 +/-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 October 6, 2006 • Weld County Department of Public Health and Environment, referral received November 1, 2006 Weld County Department of Public Works, referral received October 11, 2006 • Weld County Department of Building Inspection, referral received October 26, 2006 • Platteville/Gilcrest Fire Protection District, referral received October 18, 2006 • Platte Valley Soil Conservation District, referral received October 18, 2006 • Colorado Department of Transportation, referral received October 6, 2006 • Town of Platteville, referral received October 10, 2006 • Public Service Company of Colorado, referral received October 30, 2006 • Town of Milliken, referral received October 11, 2006 • Town of Gilcrest, referral received October 30, 2006 The Department of Planning Services' staff has not received responses from the following agencies: • Weld County Sheriff's Office • Union Pacific Railroad USR-1585 Union Pacific Railroad ATM Auto Sales Page 1 of 10 EXHIBIT I 41 44:4 W LID 0 • SPECIAL REVIEW PERMIT ADMINISTRATIVE REVIEW COLORADO Planner: Jacqueline Hatch Case Number: USR-1585 Hearing Date: December 19, 2006 Applicant: Union Pacific Railroad Company c/o Gregg Larsen for Darrel and Christina Felton ATM Auto Sales Address: 1400 Douglas Street Mail Stop 1690, Omaha NE 68179-1690 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 (Vehicle Sales Establishment) in the A (Agricultural) Zone District. Legal Description: Part of E2E2SW4 of Section 7, T3N, R66W of the 6th P.M., Weld County, CO. Location: East of and adjacent to State Highway 85 and approximately '/< mile north of County Road 34 - located within railroad right-of-way. Size of Parcel: 1.84 +/- acres Parcel Number: located within railroad right-of-way 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 22-2-150 B.5 (I. Policy 2.5.b) states "ensure the compatibility with surrounding land use in terms of general use, building height, scale, density, traffic dust and noise." Conditions have been included through the conditions of approval and the development standards to ensure the site does not have an adverse impact on the surrounding properties. USR-1585 Union Pacific Railroad ATM Auto Sales Page 2 of 10 Section 22-2-60.D. Goal 4 — The conversion of agricultural land to non-urban residential, commercial and industrial uses will be accommodated when the subject site is in an area that can support such development. The surrounding properties to the north, west and east are agricultural in nature with few homes in close proximity. The property to the south is currently zoned C-3 and has an approved Site Plan Review SPR-264 on-site for truck sales, parts and accessories. The Union Pacific Railroad runs along the eastern edge of the property. The applicant is proposing an on-site septic system and the water will be provided by an individual well (septic permit SP-9600314, commercial well permit 198105). 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 business permitted as a use by right and/or use by special review in the Commercial or Industrial Zone District (Vehicles Sales Establishment) in the A (Agricultural) Zone District. The site is currently in violation (VI-0600029) due to the operation of an auto sales yard without the necessary Weld County Land Use permit. This violation has not yet been presented to the Board of County Commissioners through the violation process. If this application is approved by the Board of County Commissioners the violation will be corrected. If this application is denied, the business and all outdoor storage shall be removed within 30 (thirty) days of denial or the violation case will be scheduled before the Board of County Commissioners to proceed though the Violation Hearing process accordingly. c. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing surrounding land uses. The surrounding properties to the north, west and east are agricultural in nature with few homes in close proximity. The property to the south is currently zoned C-3 and has an approved Site Plan Review SPR-264 on site for truck sales, parts, and accessories. The Union Pacific Railroad runs along the eastern edge of the property. The applicant is required to submit a Landscape and Screening Plan prior to the Board of County Commissioners hearing demonstrating how they have mitigated the impact to the neighboring properties. The Landscape and Screening Plan shall be in compliance with Section 23-3-250.A.5 of the Weld County Code. No correspondence from surrounding property owners was received. 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 is within the three-mile referral area for the Towns of Gilcrest, Milliken and Platteville. The Town of Gilcrest in their referral dated October 30, 2006 states that the subject property is located outside their urban growth boundary and finds no conflicts with their interests. The Town of Platteville in their referral dated October 10, 2006 also indicated no conflicts with their interests. The Town of Milliken in their referral dated October 11, 2006 state that the property is a very visible area and it should be landscaped appropriately to buffer visual impacts. The Department of Planning Services has determined that the Town's concerns have been addressed through the Conditions of Approval and Development Standards. e. Section 23-2-220.A.5 -- The application complies with Section 23-5 of the Weld County Code. The site does not lie within any Overlay Districts. Effective January 1, 2003, Building Permits issued on the proposed lot will be required to adhere to the fee structure of the County Road Impact Program. (Ordinance 2002-11) Effective August 1, 2005, USR-1585 Union Pacific Railroad ATM Auto Sales Page 3 of 10 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 U.S.D.A. Soils Maps indicate that the soils on this property are designated as Prime. The small size of the lot limits its agricultural value and the property is also located within the railroad right-of-way. 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. Should the Planning Commission choose to approve the Use by Special Review Permit, Planning Staff recommends the following be attached as Conditions of Approval and Development Standards: 1. Prior to scheduling the Board of County Commissioners Hearing: A. The applicant shall submit a Landscape/Screening Plan in compliance with Section 23-3- 250.A.5 of the Weld County Code to the Department of Planning Services. (Department of Planning Services) B. The applicant shall provide the Department of Planning Services with documentation as to how the outside storage will be screened per Section 23-3-250.A.9 of the Weld County Code. (Department of Planning Services) C. The applicant shall submit a detailed signage plan to the Department of Planning Services. The applicant shall review the sign code in Sections 23-4-60 through 23-4-120 including appendix 23-C, 23-D and 23-E. (Department of Planning Services) 2. Prior to recording the plat: A. The applicant shall submit a dust abatement plan for review and approval to the Environmental Health Services, Weld County Department of Public Health and Environment. Evidence of approval shall be provided to the Department of Planning Services. (Department of Public Health and Environment) B. 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 shall be provided 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. USR-1585 Union Pacific Railroad ATM Auto Sales Page 4 of 10 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) C. The applicant shall provide the Department of Planning Services with a property maintenance plan for review and approval. (Department of Planning Services) D. The applicant shall enter into a Private Improvements Agreement according to policy regarding collateral for improvements and post adequate collateral for all landscaping, transportation (access drive, parking areas, etcetera) and non-transportation (plant materials, fencing, screening, water, signage etcetera). 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. Or the applicant may submit evidence that all the work has been completed and reviewed by the Department of Planning Services and the Department of Public Work. (Department of Planning Services) E. The applicant shall address the requirements (concerns) of Weld County Building Department, as stated in the referral response dated October 26, 2006. 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 Colorado Department of Transportation, as stated in the referral response dated October 6, 2006. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Planning Services) G. The applicant shall attempt to address the requirements (concerns) of the Town of Milliken, as stated in the referral response dated October 11, 2006. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Planning Services) H. The applicant shall attempt to address the requirements (concerns) of the Town of Gilcrest, as stated in the referral response dated October 30, 2006. 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 Weld County Department of Public Works specifically in regards to the storm water drainage, as stated in the referral response dated October 11, 2006. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Planning Services) J. The applicant shall contact the Colorado Department of Transportation regarding the existing and future right-of-way of State Highway 85 and provide written evidence of such to the Weld County Department of Planning Services. (Department of Planning Services) K. The applicant shall provide written evidence to the Department of Public Works and Planning Services that the access meets the fire department and emergency services regulations. (Departments of Planning Services and Public Works) L. The plat shall be amended to delineate the following: 1. The attached Development Standards. (Department of Planning Services) USR-1585 Union Pacific Railroad ATM Auto Sales Page 5 of 10 2. All plats shall be labeled USR-1585. (Department of Planning Services) 3. The approved Landscape/Screening Plan. (Department of Planning Services) 4. The approved Signage Plan. (Department of Planning Services) 5. The plat shall be in compliance with Section 23-3-250 A. and B. of the Weld County Code. (Department of Planning Services) 6. State Highway 85 right-of-way shall be delineated on the plat as approved by the Colorado Department of Transportation. The applicant shall verify the existing right-of-way and the documents creating the right-of-way. (Department of Planning Services) 7. The off street parking spaces including the access drive shall be surfaced with gravel, asphalt, or the equivalent and shall be graded to prevent drainage problems. (Department of Public Works) 8. The public and employee parking area shall be equipped with wheel guards where needed to prevent vehicles from extending beyond the boundaries of this space and from coming into contact with other vehicles, walls, fences, or plantings. (Department of Public Works) 9. Section 23-3-250.A.2 of the Weld County Code addresses parking. Sufficient screened, off-street, paved parking areas shall be provided to meet the requirements of employees, company vehicles, visitors and customers of the Uses Allowed by Right and Accessory Uses. Appendix 23-A describes the design requirements for parking spaces and Appendix 23-B delineates the number of parking spaces required by use for this property. The proposed facility has two offices and a sales yard. The parking requirement for office uses are one space for every two employees plus one space per 500 SF. The area delineated on the drawings submitted is 902 SF, with written documentation stating there are five employees on premises, therefore five (5) parking spaces are required for the office area. The sales yard would not require any additional parking areas. The Department of Planning Services is recommending that a total of eight (8) parking be required for this facility of which one must meet the requirements of the Americans with Disabilities Act. The plat is currently delineating eight (8) spaces and the Department of Planning Services is in support of the number of spaces shown. (Department of Planning Services) 10. Section 23-3-250.A.6 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 all 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. Section 23-3-250.6 addresses operation standards for Commercial uses. The applicant shall address the issue of on-site lighting, including security lighting if applicable. Subsection F. 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) USR-1585 Union Pacific Railroad ATM Auto Sales Page 6 of 10 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.. 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. 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 he 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 thirty (30) days from the date the Board of County Commissioners resolution a $50.00 recording continuance charge shall added for each additional 3 month period. 6. One month prior to construction activities: A. A stormwater discharge permit may be required for a development/redevelopment /construction site where a contiguous or non-contiguous land disturbance is greater 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. (Department of Public Health and Environment) USR-1585 Union Pacific Railroad ATM Auto Sales Page 7 of 10 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Union Pacific Railroad ATM Auto Sales USR-1585 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 (Vehicle sales establishments) 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. Hours of operation shall be from 9:00am to 6:00pm Monday through Saturday, closed on Sunday as requested in the application material. (Department of Planning Services) 4. The site shall be limited to no more than five (5) employees on site as stated in the application material. (Department of Planning Services) 5. The signs on site shall be in accordance with the approved signage plan. (Department of Planning Services) 6. 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) 7. 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) 8. 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) 9. The applicant shall operate in accordance with the approved "waste handling plan". (Department of Public Health and Environment) 10. Any vehicle washing area(s) shall capture all effluent and prevent discharges from the washing of vehicles in accordance with the Rules and Regulations of the Water Quality Control Commission, and the Environmental Protection Agency. (Department of Public Health and Environment) 11. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The facility shall be operated in accordance with the approved dust abatement plan at all times. (Department of Public Health and Environment) USR-1585 Union Pacific Railroad ATM Auto Sales Page 8 of 10 12. 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) 13. Adequate handwashing and toilet facilities shall be provided for employees and patrons of the facility. (Department of Public Health and Environment) 14. Sewage disposal for the facility shall be by septic system, permit # SP-9600314. 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. A permanent, adequate water supply shall be provided for drinking and sanitary purposes. Groundwater may not meet all drinking water standards as defined by the Colorado Department of Public Health and Environment. The applicant is strongly encouraged to test their drinking water prior to consumption and periodically test it over time. (Commercial Well #198105) (Department of Public Health and Environment) 16. If applicable, the applicant shall obtain a stormwater discharge permit from the Colorado Department of Public Health & Environment, Water Quality Control Division. (Department of Public Health and Environment) 17. 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) 18. Off street parking, display parking, vehicle overflow area, and the access drive shall be surfaced with recycled asphalt, gravel, or the equivalent and shall be a graded and drained road to provide an all weather access. (Department of Public Works) 19. 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) 20. 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) 21. The landscaping on site shall be maintained in accordance with the approved Landscape and Screening Plan. (Department of Planning Services) 22. 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) 23. 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) 24. Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties where such would cause a nuisance or interfere with the use on the adjacent properties in accordance with the plan. Neither the direct nor reflected light from any light source may create a traffic hazard to operators of motor vehicles on public or private streets. USR-1585 Union Pacific Railroad ATM Auto Sales Page 9 of 10 No colored lights may be used which may be confused with or constructed as traffic control devices. (Department of Planning Services) 25. 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) 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 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-1585 Union Pacific Railroad ATM Auto Sales Page 10 of 10 6 DEPARTMENT OF PLANNING SERVICES SOUTHWEST OFFICE 4209 CR 24.5 '' LONGMONT, CO 80504 PHONE: (720)652-4210, Ext. 8730 wIIDc. FAX: (720)652-4211 COLORADO September 29, 2006 Tony Love AVP Real Estate 1400 douglas st Mail Stop 1690 Omaha NE 68179-1690 Subject: USR-1585- Request for a Site Specific Development Plan and a Special Review Permit for a Use by Right, an accessory use,or a Use by Special Review in the Commercial or Industrial Zone District(Vehicle sales establishment)in the A (Agricultural)Zone District on a parcel of land described as Part E2 E2 SW4 of Section 7,T3N, R66W 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 Devember 19, 2006, 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. s the applicant's responsibility to comply with state statutes regarding notice to mineral estate owners. Colorado Revised Statute, ...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 Gilcrest, Milliken, and Platteville Planning Commission for their review and comments. Please call Gilcrest at(970)737-2426, Milliken at(970)587-4331 and Platteville at(970)785-2245 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 Gilcrest, Milliken, and Platteville 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, 3 er PLANNING COMMISSIONERS' SIGN POSTING CERTIFICATE THE LAST DAY TO POST THE SIGN IS Dec XCL,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, Roger Caruso, HEREBY CERTIFY UNDER PENALTIE OF PERJURY THAT THE SIGN WAS POSTED ON THE PROPERTY AT LEAST AYS BEFORE THE PLANNING COMMISSIONERS HEARING FOR 5I ( .7)-3.1> IN THE A (AGRICULTURE) ZONE DISTRICT. Name of Per n P ing Sign — Roger Caruso Signature of Person Posting Sign STATE OF COLORADO ) ss. COUNTY OF WELD 4 The foregoing instrument was subscribed and sworn to me this (�day of (� taYxJeLw-, 2006. WITNESS my hand and official seal. €4i4 K. • Ry _s Notary Public j • • My Commission Expires: 44:261:1,Wtt-261€. � • • r . _ d ILi � ' _{_. zw rl'6 e�'dl �-�I'r 4 - .. -4 , - _ iii' NOTICE .:.d' --e.. w _ r .^h - i, s- N w - . � . 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S CC -I . . . k, v \ . . 11 / 17 / 2006 I as 1 [11 -��►_ 4t. --x+.1.1 •. • • • • 11 / 17 / 2006 • i, u - yAde'' 11 / 17 / 2006 littlik......... ♦ ....,Pu~y� `—_ . . .-•rtP}��� .etMwdYea gr�.e�.f�—<+ie�i_` `'�J' �' � .IIMPL4 �- _ ti 'taC r •�."rt`;:«.••- C? . . :::', 7,,. t -; , fir• .r.✓ 11 / 17/ 2006 f . • ,:.;:4ti11 :S r '4 vi,�v*.A<Jt errs; t r s ! �tCh3f W4 FIELD CHECK Inspection Date: 21/8/06 Case Number: USR-1585 Applicant: Union Pacific Railroad Company do Gregg Larsen for Darrel and Christina Felton ATM Auto Sales 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 (Vehicle sales establishments) in the A(Agricultural)Zone District. Legal Description: Part of E2E2SW4 of Section 7, T3N, R66W of the 6th P.M., Weld County, CO. Location: East of and adjacent to State Highway 85 and approximately '/. mile north of CR 34- located within railroad right-of-way. Size of Parcel: 1.84 +/-acres Zoning Land Use N Agricultural N Agricultural E Agricultural E Agricultural S C-3 (Z-124 12/22/76) S Auto sales C-3 SPR-264 (2/6/97) W Agricultural W Agricultural Comments: Car sales yard Chain link fence Office trailer Multiple signs Signatur ❑ House ) o Derelict Vehicles ❑ Outbuilding(s) o Non-commercial junkyard (list components) o Access to Property ❑ Irrigation Sprinkler o Crop Productions o Crops o Site Distance o Wetlands o Mobile Home(s) o Oil & Gas Structures o Other Animals On-Site o Wildlife o Water Bodies o Utilities On-Site (transmission lines) o Ditch ❑ Topography Note any commercial business/commercial vehicles that are operating from the site. Hello