HomeMy WebLinkAbout20061161.tiff INVENTORY OF ITEMS FOR CONSIDERATION
Applicant Charles and Penny Myers Case Number USR-1547
Submitted or Prepared
Prior to At
Hearing Hearing
N. 1 Staff Comments X
Department of Planning Services Field Check Form X
Planning Commissioner Field Check Form
Letter to Applicant X
Affidavit of sign posting X
Legal Notifications X
2 Application X
Maps X
Deed/Easement Certificate X
Surrounding Property/Mineral Owners X
Utilities X
3 Referral List X
Referrals without comment X
City of Longmont, referral received February 1, 2006 X
Weld County Zoning Compliance, referral received January 30,2006 X
State of Colorado Division of Wildlife, referral received February 23, 2006 X
Longmont Soil Conservation District, referral received February 14, 2006 X
4 Referrals with comments X
Weld County Building Inspection, referral received February 13,2006 X
Weld County Public Works, referral received referral received February 3, 2006 X
Weld County Public Health and Environment, referral received February 22, 2006 X
Mt.View Fire Protection District, referral received February 17,2006 X
Town of Mead, referral received February 15,2006 X
6 Planning r mm' c -Reselutier-_ X
I hereby certify that the twenty one items identified herein were submitted to the Department of Planning Services at or prior to the
scheduled Soar l o C unty Commissioners hearing.
Jacqueline Ha T Pla ner
EXHIBIT
use # ts-i7
2006-1161
Ott
IliD C LAND
USE APPLICATION
SUMMARY SHEET
COLORADO
Case Number: USR-1547 Hearing Date: March 21, 2006
Applicant: Charles and Penny Myers
Address: 4998 County Road 34, Platteville, CO 80651
Request: A Site Specific Development Plan and a Special Review Permit for a Home
Business (animal/pet crematory) in the A(Agricultural)Zone District.
Legal Description: Lot B RE-2450 Part of the NE4 of Section 14, T3N, R68W of the 6th P.M., Weld
County, CO.
Location: South of and adjacent to CR 34 and approximately 1 mile east of Interstate 25.
Size of Parcel: 2.5 +/-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 January 30, 2006
• City of Longmont, referral received February 1, 2006
• Weld County Department of Public Health and Environment, referral received February 22, 2006
• Weld County Department of Public Works, referral received February 3, 2006
• Weld County Department of Building Inspection, referral received February 13, 2006
• Mountain View Fire Protection District, referral received February 17, 2006
• Town of Mead, referral received February 15, 2006
• Colorado Division of Wildlife, referral received February 23, 2006
• Longmont Soil Conservation District, referral received February 14, 2006
The Department of Planning Services'staff has not received responses from the following agencies:
• Weld County Sheriff's Office
• State of Colorado Department of Public Health and Environment
r
EXHIBIT Myers Page 1
004;
VulD O ADMINISTRATIVE REVIEW
COLORADO
Planner: Jacqueline Hatch
Case Number: USR-1547 Hearing Date: March 21, 2006
Applicant: Charles and Penny Myers
Address: 4998 County Road 34, Platteville, CO 80651
Request: A Site Specific Development Plan and a Special Review Permit for a Home
Business (animal/pet crematory) in the A(Agricultural)Zone District.
Legal Description: Lot B RE-2450 Part of the NE4 of Section 14, T3N, R68W of the 6th P.M., Weld
County, CO.
Location: South of and adjacent to CR 34 and approximately 1 mile east of Interstate 25.
Size of Parcel: 2.5 +/-acres
Parcel Number: 1207 14 000087
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."
The primary use of the property is residential. The crematory facilities will not have a
negative impact on the surrounding properties. The facility will be located in an existing
structure on site not altering the character of the site.
USR-1547 Myers Page 2
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.O of the Weld County Code provides for a
home business (animal/pet crematory) in the A(Agricultural)Zone District.
c. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the
existing surrounding land uses. The surround property is primarily agricultural with single
family homes. A single family home is located in close proximity directly to the west of
the property. The home is currently utilizing an on-site septic system and the water will
be provided by Little Thompson Water District.
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
City of Longmont and the Town of Mead. The City of Longmont indicated in their referral
that they do not object to the application and find no conflicts with their interests. The
Town of Mead in their referral indicated that the Town Board would ask that the County
require the applicant to petition to annex to the Town. The Town of Mead is currently
approximately % mile to the west of the site.
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 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 U.S.D.A.
Soils Maps indicate that the soils on this property are designated as "prime irrigated"
farmland of Weld County. The size of the parcel does not allow for a viable farming
option.
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. The applicant shall submit a detailed signage plan to the Department of Planning
Services. (Department of Planning Services)
USR-1547 Myers Page 3
2. Prior to recording the plat:
A. The applicant shall attempt to address the concerns/requirements of the Mountain View
Fire Protection District as stated in their referral dated February 17, 2006. Written
evidence shall be provided to the Department of Planning Services. (Department of
Planning Services)
B. The Longmont Soil Conservation District has provided information regarding the soils on
the site. The applicant shall review the information and use it to positively manage on site
soils. (Department of Planning Services)
C. The applicant shall attempt to address the concerns/requirements of the Town of Mead
as stated in their referral dated February 15, 2006. Written evidence shall be provided to
the Department of Planning Services. (Department of Planning Services)
D. The applicant shall complete a Nonexclusive License Agreement for the upgrade and
maintenance of County Road 11 right-of-way. There is a $150 fee for the fabrication and
installation of blue and white cross road signs identifying the section line road intersection
for the use of addressing and emergency response. The blue and white signs identify a
non-maintained County right-of-way. Distance and location from the nearest county road
may require additional information signs. The fee for the sign designating the access as
a non-maintained county right-of-way shall be paid to the Department of Public Works
and the sign shall be installed prior to recording the plat. If existing signs are in place, the
fee and installation may be waived by the Department of Public Works. Evidence of such
shall be submitted to the Department of Planning Services. (Department of Public
r
Works)
E. The applicant shall submit to the Weld County Department of Building Inspection a
building permit for the change in use of the existing building. The applicant shall also
address the concerns/requirements as outlined in their referral dated February 13, 2006.
Written evidence shall be provided to the Department of Planning Services.
(Departments of Planning Services and Building Inspection)
F. The applicant shall submit evidence of an Air Pollution Emission Notice (A.P.E.N.) and
Emissions Permit application from the Air Pollution Control Division, Colorado
Department of Health and Environment. Written evidence of approval shall be submitted
to the Department of Planning Services. (Department of Public Health and Environment)
G. 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.
Written evidence of 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)
H. The plat shall be amended to delineate the following:
1. All sheets of the plat shall be labeled USR-1547. (Department of Planning
Services)
USR-1547 Myers Page 4
2. The plat shall meet all requirements as listed in Section 23-2-260.D of the Weld
County Code. (Department of Planning Services)
3. County Road 34 is designated on the Weld County Classification Plan as a
collector status road, which requires an 80-foot right-of-way at full build out.
There is presently 60-foot right-of-way. A total of 40 feet from the centerline of
County Road 18 shall be delineated on the plat as future right-of-way of County
Road 34. This road is maintained by Weld County. (Department of Public
Works)
4. The plat shall delineate the non-exclusive agreement for County Road 11.
(Department of Public Works)
5. The plat shall delineate the existing access point as approved by the Weld
County Department of Public Works in their referral dated February 3, 2006.
(Department of Public Works)
6. The off street parking spaces including the access drive shall be surfaced with
gravel, recycled asphalt, or the equivalent and shall be graded to prevent
drainage problems. (Department of Public Works)
7. The attached Development Standards. (Department of Planning Services)
J. 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 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.
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(alco.weld.co.us. (Department of Planning Services)
6. The Special Review activity shall not occur nor shall any building or electrical permits be issued
on the property until the Special Review plat is ready to be recorded in the office of the Weld
County Clerk and Recorder. (Department of Planning Services)
USR-1547 Myers Page 5
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Charles and Penny Myers
USR-1547
1. The Site Specific Development Plan and a Special Review Permit for a Home Business
(animal/pet crematory) 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. No employees beyond those living on-site are permitted as stated in the application material.
(Department of Planning Services)
4. 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)
5. 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)
6. 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)
7. The applicant shall operate in accordance with the approved "waste handling plan". (Department
of Public Health and Environment)
8. Fugitive dust and fugitive particulate emissions shall be controlled on this site. (Department of
Public Health and Environment)
9. This facility shall adhere to the maximum permissible noise levels allowed in the Residential Zone
as delineated in 25-12-103 C.R.S., as amended. (Department of Public Health and Environment)
10. Adequate toilet and handwashing facilities shall be provided for patrons of the facility. Patrons
shall be allowed to use the residence restroom facilities. (Department of Public Health and
Environment)
11. 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)
12. The facility shall utilize the existing public water supply (Little Thompson Water District).
(Department of Public Health and Environment)
USR-1547 Myers Page 6
13. A building permit shall be obtained prior to the construction of any new building, addition or
remodel of the existing building. (Department of Building Inspection)
14. A plan review is required for each building for which a building permit is required. Plans shall
include a floor plan. Plans may be required to bear the wet stamp of a Colorado registered
architect or engineer. Two complete sets of plans are required when applying for each permit.
(Department of Building Inspection)
15. Fire resistance of walls and openings, construction requirements, maximum building height and
allowable areas will be reviewed at the plan review. Setback and offset distanced shall be
determined by the Weld County Code. (Department of Building Inspection)
16. 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 Internationals Residential Code: 2003 International Mechanical Code: 2003
International Plumbing Code: 2003 International Fuel Code: and the 2002 National Electrical
Code and Chapter 29 of the Weld County Code. (Department of Building Inspection)
17. The historical flow patterns and run-off amounts will be maintained on site in such a manner that
it will reasonably preserve the natural character of the area and prevent property damage of the
type generally attributed to run-off rate and velocity increases, diversions, concentration and/or
unplanned ponding of storm run-off. (Department of Public Works)
18. The applicant must take into consideration storm water capture/quantity and provide accordingly
for best management practices. (Department of Public Works)
19. The off street parking spaces including the access drive shall be surfaced with gravel, recycled
asphalt, or the equivalent and shall be graded to prevent drainage problems. (Department of
Public Works)
20. Effective January 1, 2003, Building Permits issued on the lot will be required to adhere to the fee
structure of the Weld County Road Impact Program. (Ordinance 2002-11) (Department of
Planning Services)
21. 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)
22. 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)
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 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
USR-1547 Myers Page 7
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-1547 Myers Page 8
a DEPARTMENT OF PLANNING SERVICES
ce NORTH OFFICE
„i- 1 Y 10TH Street
�1 GREELEY, CO 80631631 PHONE: (970)353-6100, Ext. 3540
FAX: (970) 304-6498
Wig Ce SOUTHWEST OFFICE
4209 CR 24.5
COLORADO LONGMONT, CO 80504
PHONE: (720)652-4210, Ext. 8730
FAX: (720) 652-4211
January 24, 2006
Charles& Penny Myers
4998 CR 34
Platteville CO 80651
Subject: USR-1547- Request for a Site Specific Development Plan and a Special Review Permit for a Home Business
(animal/pet crematory) in the A(Agricultural)Zone District on a parcel of land described as Lot B of RE-2450
part NE4 of Section 14, T3N, 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 March 21, 2006, at 1:30 p.m. This meeting will take place in the Hearing
Room, Southwest 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.
^is the applicant's responsibility to comply with state statutes regarding notice to mineral estate owners. Colorado
.avised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01-1088) requires notification of all mineral estate owners 30
days prior to any public hearing. The applicant shall provide the Weld County Planning Department with written
certification indicating the above requirements have been met.
It is the policy of Weld County to refer an application to any town or municipality lying within three miles of the property or if
the property is located within the comprehensive planning area of a town or municipality. Therefore, our office has
forwarded a copy of the submitted materials to the Longmont and Mead Planning Commission for their review and
comments. Please call Longmont at (303)651-8330 and Mead at(970) 535-4477 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 Longmont and
Mead 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.
Respectfull ,
I
Jac a Hatch
Planner
PLANNING COMMISSIONERS' SIGN POSTING
CERTIFICATE
THE LAST DAY TO POST THE SIGN IS t s I b 6 THE SIGN SHALL BE
POSTED ADJACENT TO AND VISIBLE FROM A PUBLICALLY MAINTAINED ROAD
RIGHT-OF-WAY. IN THE EVENT THE PROPERTY BEING CONSIDERED FOR A
SPECIAL REVIEW IS NOT ADJACENT TO A PUBLICALLY MAINTAINED ROAD
RIGHT-OF-WAY, THE DEPARTMENT OF PLANNING SERVICES SHALL POST ONE
SIGN IN THE MOST PROMINENT PLACE ON THE PROPERTY AND POST A
SECOND SIGN AT THE POINT AT WHICH THE DRIVEWAY (ACCESS DRIVE)
INTERSECTS A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY.
I, Jacqueline Hatch, HEREBY CERTIFY UNDER PENA J.E.Q.OF PERJURY THAT THE
SIGN WAS POSTED ON THE PROPERTY AT LEAS DAYS BEFORE
THE PLANNING COMMISSIONERS HEARING FOR Ufa-IS‘l7 IN THE A
(AGRICULTURAL) ZONE DISTRICT.
kL0.Uc'- .ic
Name of Person Posting Sign — Jacqueline Hatch
Signat e of Person Posting Sign
STATE OF COLORADO
) ss.
COUNTY OF WELD
The foregoing instrument was subscribed and sworn to me this 9 day of 7712bLe--/-• ,
2006 WITNESS my hand and official seal.
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FIELD CHECK Inspection Date: 2/23/06
APPLICANT: Charles and Penny Myers CASE# : USR-1547
REQUEST: A Site Specific Development Plan and a Special Review Permit for a Home Business (animal/pet
crematory)in the A(Agricultural)Zone District.
LEGAL: Lot B RE-2450 Part of the NE4 of Section 14,T3N, R68W of the 6th P.M.,Weld County, CO.
LOCATION: South of and adjacent to CR 34 and approximately 1 mile east of Interstate 25.
PARCEL ID#: 1207 14 000087 ACRES: 2.5+/-acres
Zoning I Land Use
N Agricultural N Agricultural
E Agricultural E . Agricultural
S Agricultural S Agricultural
W Agricultural W Agricultural/single family home
Comments:
r
Single family home on property
Two barns
One access point
CR 34 is paved
-------7-- L
Sigri^;u
ts—
❑ House(s) ❑ Derelict Vehicles
E Outbuilding(s) = Non-commercial junkyard (list components)
E Access to Property ❑ Irrigation Sprinkler
❑ Crop Productions ❑ Crops
❑ Site Distance ❑ Wetlands
❑ Mobile Home(s) ❑ Oil & Gas Structures
• Other Animals On-Site ❑ Wildlife
r~ ❑ Water Bodies ❑ Utilities On-Site (transmission lines)
❑ Ditch ❑ Topography
Note any commercial business/commercial vehicles that are operating from the site.
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