HomeMy WebLinkAbout20063197.tiff INVENTORY OF ITEMS FOR CONSIDERATION
Applicant Scott Deemer Case Number USR-1576
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
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
State of Colorado Division of Wildlife, referral received September 10, 2006 X
Town of Erie, referral received August 24,2006 X
Weld County Zoning Compliance, referral received August 22, 2006 X
Longmont Soil Conservation District, referral received September 12,2006 X
4 Referrals with comments X
Town of Frederick, referrals received September 8, 2006 and September 18,2006 X
State of Colorado Department of Transportation, referral received August 27, 2006 X
New Consolidated Lower Boulder Reservoir and Ditch Company, referral received X
August 27,2006
Weld County Department of Building Inspection, referral received September 21, X
2006
Mountain View Fire Protection District, referral received August 28, 2006 X
Weld County Department of Public Health & Environment, referral received X
September 6,2006
Weld County Department of Public Works, referral received August 28,2006 X
X
•
•
I hereby certify that the twenty four items identified herein were submitted to the Department of Planning Services at or prior to the
scheduled Board of County Commissioners hearing.
Jacqueline Hat.' ❑ Planner
EXHIBIT
I _IL_ 2006-3197
41576
ftrilote4s
COLORADO LAND USE APPLICATION
SUMMARY SHEET
Planner: Jacqueline Hatch
Case Number: USR-1576 Hearing Date:October 17, 2006
Applicant: Scott Deemer do Todd Hodges with Todd Hodges Design LLC
Address: 1269 North Cleveland Ave, Loveland CO 80537
Request: A Site Specific Development Plan and a Special Review Permit for any use
permitted as a use by right, an accessory use, or use by special review in the
Commercial or Industrial Zone District (Office and Storage of Landscape
Materials) in the A(Agricultural)Zone District.
Legal Description: Part of SW4 SE4 of Section 32, T2N, R68W of the 6th P.M., Weld County, CO.
Location: North of and adjacent to State Highway 52 and approximately % mile west of
County Road 5.
Size of Parcel: 3.46 +/-acres
Parcel Number: 1313 32 000028
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 August 22, 2006
• Weld County Department of Public Health and Environment, referral received September 6, 2006
• Weld County Department of Public Works, referral received August 28, 2006
• Weld County Department of Building Inspection, referral received September 21, 2006
• Town of Erie, referral received August 24, 2006
• Town of Frederick, referral received September 8, 2006 and September 18, 2006
• State of Colorado Department of Transportation, referral received August 27, 2006
• New Consolidated Lower Boulder Reservoir and Ditch Company, referral received August 27,
2006
• State of Colorado, Division of Wildlife, referral received September 10, 2006
• Longmont Soil Conservation District, referral received September 12, 2006
• Mountain View Fire Protection District, referral received August 28, 2006
The Department of Planning Services' staff has not received responses from the following agencies:
• Town of Dacono
• Boulder County
• Federal Aviation Administration
• Weld County Sheriffs Office EXHIBIT
Deemer USR-1576 Page 1 of 9
‘&1?"4O1
SPECIAL REVIEW PERMIT
h iDe ADMINISTRATIVE REVIEW
COLORADO
Planner: Jacqueline Hatch
Case Number: USR-1576 Hearing Date:October 17, 2006
Applicant: Scott Deemer c/o Todd Hodges with Todd Hodges Design LLC
Address: 1269 North Cleveland Ave, Loveland CO 80537
Request: A Site Specific Development Plan and a Special Review Permit for any use
permitted as a use by right, an accessory use, or use by special review in the
Commercial or Industrial Zone District (Office and Storage of Landscape
Materials) in the A(Agricultural)Zone District.
Legal Description: Part of SW4 SE4 of Section 32, T2N, R68W of the 6th P.M., Weld County, CO.
Location: North of and adjacent to State Highway 52 and approximately 1/2 mile west of
County Road 5.
Size of Parcel: 3.46 +/-acres
Parcel Number: 1313 32 000028
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. The single family home on the property will be converted
into office uses and the storage of materials will be screened and located in the rear of
the property. The site is proposed to be serviced by the existing septic system on-site
and Left Hand Water District.
B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A
Deemer USR-1576 Page 2 of 9
(Agricultural) Zone District. Section 23-3-40.R of the Weld County Code provides 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
(Office and Storage of Landscape Materials) 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 surrounding properties to the north and east are
primarily agricultural in nature. USR-1488 for gravel mining is located to the west of the
site and the New Consolidated Lower Boulder Ditch runs along the northeast property
line. Single family homes are located to the south of the site. No letters have been
received from surrounding property owners. The Development Standards and Conditions
of Approval will ensure compatibility with adjacent properties.
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 does not lie within any Intergovernmental
Agreement Area. The subject property does lie within the three mile referral area of the
Towns of Dacono, Erie, and Frederick and Boulder County. The Town of Dacono and
Boulder County did not respond to the referral indicating no concerns. The Town of Erie
in their referral received August 24, 2006 has no objections to the application. The Town
of Frederick stated in their referral dated September 18, 2006 that the site is within the
Town's Planning Area and annexation will be required upon contiguity. The Town's
Comprehensive Plan has designated this parcel as Mixed Use Highway 52 Commercial.
In lieu of annexation at this time the Town will require the development to comply the
Town's development standards.
E. Section 23-2-220.A.5-- 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 site consists
of a little over three acres and is currently being utilized as a single family home.
G. Section 23-2-220.A.7 -- The Design Standards (Section 23-2-240, Weld County Code),
Operation Standards (Section 23-2-250, Weld County Code), Conditions of Approval and
Development Standards ensure that there are adequate provisions for the protection of
health, safety, and welfare of the inhabitants of the neighborhood and County.
This recommendation is based, in part, upon a review of the application materials submitted by the
applicant, other relevant information regarding the request, and responses from referral entities.
The Department of Planning Services' staff recommendation for approval is conditional upon the
following:
1. Prior to scheduling a Board of County Commissioners hearing:
A. If applicable, the applicant shall submit a detailed signage plan to the Department of
Deemer USR-1576 Page 3 of 9
Planning Services. (Department of Planning Services)
B. A Landscaping and Screening Plan shall be submitted to the Department of Planning
Services demonstrating how the outdoor storage area is to be screened from adjacent
properties and public rights-of-way. (Department of Planning Services)
C. The applicant shall provide current evidence that the facility has a commercial tap from
the Left Hand Water District to the Department of Planning Services. (Department of
Planning Services)
D. The applicant shall submit to the Department of Planning Services written evidence from
the Colorado Department of Transportation that an access permit has been applied for.
(Department of Planning Services)
E. The applicant shall submit a copy of a recorded shared access agreement with the
property to the west to the Department of Planning Services. (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 &
Environment. Evidence of written approval shall be submitted to the Department of
Planning Services. (Department of Public Health and Environment)
B. 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
(commercial office). 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 written approval shall be
submitted to the Department of Planning Services. (Department of Public Health and
Environment)
C. The applicant shall provide the Department of Planning Services with a maintenance plan
that is in compliance with Section 23-2-250.F of the Weld County Code. (Department of
Planning Services)
D. The applicant shall complete all proposed improvements including those regarding
landscaping, screening, access improvements and parking lot requirements or 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 Use by Special Review plat. Or the applicant may submit evidence that all
the work has been completed and approved by the Department of Planning Services and
the Department of Public Works. (Department of Planning Services)
E. The applicant shall provide the Department of Planning Services with an access permit
from the State of Colorado Division of Transportation, as outlined in the referral dated
August 27, 2006. (Department of Planning Services)
F. The applicant shall attempt to address the requirements (concerns) of Town of Frederick,
as stated in the referral response dated September 8, 2006 and September 18, 2006.
Evidence of such shall be submitted in writing to the Department of Planning Services.
Deemer USR-1576 Page 4 of 9
(Department of Planning Services)
G. The applicant shall address the requirements (concerns) of Department of Public Works,
as stated in the referral response dated August 29, 2006. Evidence of such shall be
submitted in writing to the Department of Planning Services. (Department of Planning
Services)
H. The applicant shall attempt to address the requirements (concerns) of New Consolidated
Lower Boulder Reservoir and Ditch Company, as stated in the referral response dated
August 27, 2006. Evidence of such shall be submitted in writing to the Department of
Planning Services. (Department of Planning Services)
The applicant shall address the requirements (concerns) of Mountain View Fire
Protection District as stated in the referral response dated August 28, 2006. Evidence of
such shall be submitted in writing to the Department of Planning Services. (Department
of Planning Services)
J. The applicant shall submit to the Department of Planning Services written evidence from
the Colorado Department of Transportation that an access permit has been obtained.
(Department of Planning Services)
K. A change of use building permit shall be submitted to the Department of Building
Inspection. Evidence of such shall be submitted in writing to the Department of Planning
Services. (Department of Building Inspection)
L. The plat shall be amended to delineate the following:
1. All the sheets of the plat shall be labeled USR-1576. (Department of Planning
Services)
2. The plat shall be prepared in accordance with Section 23-2-260.D of the Weld
County Code. (Department of Planning Services)
3. The off street parking spaces including the access drive shall be surfaced with
gravel, asphalt, concrete or the equivalent and shall be graded to prevent
drainage problems. (Department of Public Works)
4. Should exterior lighting be a part of this facility, all light standards shall be
delineated on the Use by Special Review Plat. (Department of Planning
Services)
5. State Highway 52 requires 200 feet of right-of-way at full build out. A total of 100
feet from the centerline of State Highway 52 shall be delineated on the plat.
(Colorado Department of Transportation)
6. The applicant shall provide a minimum of twelve (12) parking spaces, one of
which should meet the intent of the American's with Disabilities Act. The parking
spaces shall be equipped with wheel guards or curb blocks when necessary to
prevent vehicles from extending beyond the boundary of the space and from
coming into contact with other vehicles, walls, fences or plantings. (Departments
of Public Works and Planning Services)
7. The access shall be delineated on the plat as approved by the Mountain View
Fire Protection District. Evidence of such shall be submitted in writing to the
Department of Planning Services. (Mountain View Fire Protection District)
8. The attached Development Standards. (Department of Planning Services)
Deemer USR-1576 Page 5 of 9
9. The approved Landscape and Screening Plan including the location of the
outdoor storage shall be delineated on the plat. (Department of Planning
Services)
10. 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. 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 mapsa,co.weld.co.us. (Department of Planning Services)
5. The Special Review activity shall not occur nor shall any building or electrical permits be issued
on the property until the Special Review plat is ready to be recorded in the office of the Weld
County Clerk and Recorder. (Department of Planning Services)
6. Prior to issuance of building permit:
A. One month prior to construction actives 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)
B. The applicant shall submit building plans to the Mountain View Fire Protection District for
review and approval. A letter of approval shall be submitted to the Department of
Building Inspection. (Department of Building Inspection)
7. Prior to Certificate of Occupancy:
A. A final inspection of the occupancy will be required by a member of the Mountain View
Fire Protection District. (Mountain View Fire Protection District)
Deemer USR-1576 Page 6 of 9
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Scott Deemer
USR-1576
1. The Site Specific Development Plan and a Special Review Permit for any use permitted as a use
by right, an accessory use, or use by special review in the Commercial or Industrial Zone District
(Office and Storage of Landscape Materials) 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 will be 7:00 am to 6:00 pm Monday through Friday as stated in the application
materials. (Department of Planning Services)
4. The site shall be limited to no more than ten (10) employees on site as stated in the application
material. (Department of Planning Services)
5. There shall be no parking or staging of trucks within the public right-of-way. (Department of
Planning Services)
6. No retail sales shall be allowed from the site. (Department of Planning Services)
7. No outdoor storage of materials shall be permitted outside of the approved fenced/screened area.
(Department of Planning Services)
8. Materials stored on the site may not be stacked higher than the fencing. (Department of Planning
Services)
9. 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)
10. 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)
11. 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)
12. The applicant shall operate in accordance with the submitted "waste handling plan". (Department
of Public Health and Environment)
13. 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)
14. This facility shall adhere to the maximum permissible noise levels allowed in the Commercial
Deemer USR-1576 Page 7 of 9
Zone as delineated in 25-12-103 C.R.S., as amended. (Department of Public Health and
Environment)
15. Adequate handwashing and toilet facilities shall be provided for employees and patrons of the
facility. (Department of Public Health and Environment)
16. Sewage disposal for the facility shall be by septic system. Any septic system located on the
property must comply with all provisions of the Weld County Code, pertaining to Individual
Sewage Disposal Systems. (Department of Public Health and Environment)
17. The facility shall utilize the existing public water supply (Left Hand Water District). (Department of
Public Health and Environment)
18. All potentially hazardous chemicals must be stored and handled in a safe manner in accordance
with product labeling and in a manner that minimizes the release of hazardous air pollutants
(HAP's) and volatile organic compounds (VOC's). (Department of Public Health and
Environment)
19. 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)
20. 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)
21. The applicant shall submit building plans to the Mountain View Fire Protection District for review
and approval prior to the issuance of building permits. A letter of approval shall be submitted to
the Department of Building Inspection. (Department of Building Inspection)
22. 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)
23. The site must take into consideration storm water capture/quality and provide accordingly for best
management practices. (Department of Public Works)
24. Building permits shall be obtained prior to the construction of any building. (Department of
Building Inspection)
25. A plan review is required for any additional building. Plans shall bear the wet stamp of a
Colorado registered architect or engineer. (Department of Building Inspection)
26. Buildings shall conform to the requirements of the various codes adopted at the time of permit
application. Currently, the following has been adopted by Weld County: 2003 International
Building Code, 2003 International Mechanical Code, 2003 International Plumbing Code, 2002
National Electrical Code and Chapter 29 of the Weld County Code. (Department of Building
Inspection)
27. Buildings may require an engineered foundation based on a site-specific geotechnical report or
an open hole inspection preformed by a Colorado registered engineer. Engineered foundations
shall be designed by a Colorado registered engineer. (Department of Building Inspection)
28. Fire resistance walls and opening, construction requirement, maximum building height and
allowable areas will be reviewed at the plan review. Setback and offset distances shall be
Deemer USR-1576 Page 8 of 9
determined by the Weld County Code. (Department of Building Inspection)
29. Building heights shall be measured in accordance with 2003 International Building Code for the
purpose of determining the maximum building size and height for various uses and types of
construction and to determine compliance with the Bulk Requirements for Chapter 23 of the Weld
County Code. Building height shall be measured in accordance with Chapter 23 of the Weld
County Code in order to determine compliance with offset and setback requirements. When
measuring buildings to determine offset and setback requirements, buildings are measured to the
farthest projection from the building. Property lines shall be clearly identified. (Department of
Building Inspection)
30. 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)
31. 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)
32. The landscaping and screening on site shall be maintained in accordance with the approved
Landscape and Screening Plan. (Department of Planning Services)
33. On site lighting, including security lighting if applicable shall maintain compliance with Section 23-
3-250.6.6 of the Weld County Code. (Department of Planning Services)
34. All construction or improvements occurring in a geological hazard area as delineated by the
Colorado Geological Survey shall comply with Overlay District requirements of Chapter 23, Article
V, Division 2 of the Weld County Code.
35. 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)
36. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code.
37. The property owner or operator shall be responsible for complying with the Operation Standards
of Section 23-2-250, Weld County Code.
38. 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.
39. 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.
40. 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.
Deemer USR-1576 Page 9 of 9
DEPARTMENT OF PLANNING SERVICES
SOUTHWEST OFFICE
4209 CR
LONGMONT, COC 80504
PHONE: (720)652-4210, Ext. 8730
"DC.
FAX: (720)652-4211
C.
COLORADO
August 21, 2006
Todd Hodges Design LLC
1269 North Cleveland Avenue
Loveland CO 80537
Subject: USR-1576- Request for a Site Specific Development Plan and a Special Review Permit for any use permitted
as a use by right, an accessory use, or use by special review in the Commercial or Industrial Zone District
(Office and Storage of Landscape Materials) in the A(Agricultural)Zone District on a parcel of land described
as part SW4 SE4 of Section 32, T2N, 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 October 17, 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.
is the applicant's responsibility to comply with state statutes regarding notice to mineral estate owners. Colorado
Revised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01-1088) requires notification of all mineral estate owners 30
days prior to any public hearing. The applicant shall provide the Weld County Planning Department with written
certification indicating the above requirements have been met.
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.
— espectfull
Jacquelirna h
Planner S
DEPARTMENT OF PLANNING SERVICES
a Planning Division
ce SOUTHWEST OFFICE
4209 CR 24.5
LONGMONT, CO 80504
jhatch@co.weld.co.us
PHONE: (720) 652-4210, Ext. 8730
C. FAX: (720)652-4211
COLORADO
August 16, 2006
Todd A. Hodges
Todd Hodges Design, LLC
1269 North Cleveland Ave.
Loveland, CO 80537
Dear Mr. Hodges:
This letter is in response to your letter dated August 14, 2006 regarding the concern over
the legal lot status of the parcel involved in the USR application for the parcel located in
part of the southwestern quarter of the southeastern quarter of Section 32, Township 2
North, Range 68 West of the 6`h P.M., Weld County Colorado.
Staff has reviewed the materials submitted at this time and have concluded that the
parcel in question is in fact a legal lot. The determination of the legal status of the lot
was based on the following:
• The 1911 deed granting a strip of land splitting the original property to the Lower
Boulder Extension Ditch Company.
• Recorded Exemptions 2673 and 4197 on the property to the East of this parcel.
• Letter of legal lot status written by Chris Gathman, of the Weld County Planning
Department, dated May 28, 2004 for the property to the West of this parcel.
If you have further question, please contact me at the above address or call (970) 353-
6100 ext. 3540.
Sincerely,
JacguAflhe Ha di
Planner
PLANNING COMMISSIONERS' SIGN POSTING
CERTIFICATE
THE LAST DAY TO POST THE SIGN IS ( 0 ( 1 (o6 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 PENALTIES OF PERJURY THAT THE
SIGN WAS POSTED ON THE PROPERTY AT LEAST CENJF7FTEEN DAYS BEFORE
THE PLANNING COMMISSIONERS HEARING FOR O'C- - I 1 6 IN THE A
(AGRICULTURAL) ZONE DISTRICT.
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Name of Person Posting Sign —Jacqueline Hatch
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Signat ce-of P rson Posting Sign
STATE OF COLORADO
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COUNTY OF WELD
The foregoing instrument was subscribed and sworn to me this day of aetb ,
2006.WITNESS my hand and gffjeal' dy ,-,
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Notary Public ay. A Gf o
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My Commission Expires: 10//`f(12OC.) 7
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4208 CR z4 5
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NAME Deemer % ns4..
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4y,Sy s t . REQUEST Lits.sczupe ,Uutenals
CASE N0 t IS�R .21 ACRES :;t '
FOR MORE INFORMATION CALL r
WELD COUNTY DEPARTMENT OF -
PLANNING SERVICES AT
(970)353-6100 ext. 3540
10 / 02 / 2006
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FIELD CHECK Inspection Date: 10/2/06
APPLICANT: Scott Deemer c/o Todd Hodges Designs
CASE#: USR-1576
REQUEST: A Site Specific Development Plan and a Special Review Permit for any use permitted as a use
by right,an accessory use,or use by special review in the Commercial of Industrial zone district
(Office and Storage of Landscape Materials) in the A(Agricultural)Zone District.
LEGAL: Part of SW4 SE4 of Section 32,T2N, R68W of the 6'h P.M.,Weld County, CO.
LOCATION: North of and adjacent to State Highway 52 and approximately 1/2 mile west of CR 5.
PARCEL ID#: 1313 32 000028
ACRES: 3.46 +/-acres
Zoning Land Use
N Agricultural N Agricultural
E Agricultural E Agricultural
S Agricultural S Agricultural / Single Family Homes
W Agricultural W Agricultural
Comments:
Single family home
Detached garage
Circle drive — gravel
Access located at top of hill
Shared drive with property to the west
Ditch running along the northeast property line
Property sits lower than Highway 52
Signature
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D House(s) o Derelict Vehicles
o Outbuilding(s) ❑ Non-commercial junkyard (list components)
o Access to Property o Irrigation Sprinkler
o Crop Productions ❑ Crops
o Site Distance ❑ Wetlands
o Mobile Home(s) o Oil & Gas Structures
o Other Animals On-Site o Wildlife
o Water Bodies ❑ Utilities On-Site (transmission lines)
o Ditch o Topography
Note any commercial business/commercial vehicles that are operating from the site.
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