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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. • SiwoAmi K. FRti iJ % TAR S'.\ Notary Public • • • /� 9j ••VgL\G p� My Commission Expires: 16//c'C CJ 7 FOF O P CO� ' , � MY . . ' \ 7 ' �1 + }y,�•l4�Fn` p1�/yl Yl} I . .LL 11 ' saa - fa z Sec NOTICE %Mk _ ..... -x„ , . "` '' A PUBLIC HEARING CONCERNING THIS PROPERTY WILL BE HELD AT: _ t ~ - - 9oroy ON 2c:+ RI , zoa *ins_ NAME (4.4z...6-3 ." ....ref 4\ tr i .-J... yn... vn^r-^. n .. - - - REQUEST 4�.'`S:. `::.n../j a.t�'n .. .. CASE NO. __at:- ISY� ACRES n •� • FOR MORE INFORMATION CALL • r: b : ` 3/441 WELD COUNTY DEPARTMENT OF _ - .' �� : . . PLANNING SERVICES AT i 3540 r`- r=x :... _.__ - ....--- . ._ et. ..:43 ---•-. adiehtViii.., . .. -...-2. Q.06 -' •� ::`,(i c:; yin, I Al �, � � �� i . _ \`.... ., , f< \\.. \ It Y rr e I /, xy' - < j� I t • A ! 1 J � . -El_ _sx.-. .. - �. \ • t . .mot _ � ' � - -• 02 / 23 / 2006 f ti. _ i Icy . '� , ' \ar‘. 1 .. -- N . C.y - / _ - �.- 1 �• 4 silWINIMION IAra f 41!P> -.4- -J • , , 02 /,23 / 2006 - - _ - N• • St,A - - � 02/23/ 2006 may= 02 / 23 / 2006 4 %so� � . . y s {¢ ' / �. - ' ` 3 / 2006 ✓ J ! /3,:y1 _ , I 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. Hello