HomeMy WebLinkAbout20020787 INVENTORY OF ITEMS FOR CONSIDERATION
APPLICANT: Virtus and Amy Banowetz CASE#: USR-1374
Submitted or Prepared:
Prior/Hearing At/Hearing
1 Planning Commission Resolution r
2 Department of Planning Services' Staff Review X
3 Department of Planning Services' Field Check X
4 Planning Commissioners' Field Check X
5 Letter to Applicant X
6 Legal Notice/Sign Posting Photograph X
7 Application X
8 Maps,Vicinity Maps X
9 Maps, Site Maps X
10 Referral List, Referrals without Comments X
11 Department of Health &Environment, referral received 02/27/02 X
12 Department of Public Works, referral received 02/26/02 X
13 Weld County Building Inspection, referral received 02/08/02. X
14 Weld County Sheriffs Department, referral received 02/08/02. X
15 Deed(s)/Certificate of Conveyance X
16 Surrounding Property/Mineral Owners X
17 Soil Survey X
18 referral Don Carroll March 14, 2002 X
19 salzman referral X
20 Kersey X
21 publication riled up4er '11P/JAIs ,r
Item(s)submitted at Planning Commission:
I hereby certify that the '3 I items identified herein(Inventory of Items for Consideration-Case# USR-1374)were
submitted at or prior to the scheduled Planning Commission hearing. I further certify tgqat these items were
subsequently forwarded to the Weld County Clerk to the Board's Office. C bLu w. 1. ' r''477-
4. EXHIBIT
USR-1374(Banowetz), RItRY 8 u�
M'A
2002-0787
LAND USE APPLICATION
SUMMARY SHEET
COLORADO
Case#: USR-1374 Hearing Date: March 19, 2002
Applicant: Virtus and Amy Banowetz Planner: S. Vogt
24081 Weld County Road 50
LaSalle, Colorado 80645
Request: A Site Specific Development Plan and a Special Review Permit for a Use permitted
as a Use by Right, an Accessory Use, or a Use by Special Review in the
Commercial or Industrial Zone Districts (Septic/Cement Contractor; Storage
Building) in the A (Agricultural) Zone District.
Legal: Lot A of RE-2358, Part of the Southwest Quarter, Section 31, Township 5 North,
Range 64 West of the 6th Prime Meridian, Weld County, Colorado
Location: North of and adjacent to Weld County Road 50, East of and adjacent to Weld
County Road 49. Approximately 2 miles Southwest of Kersey.
Parcel #: 0963 31 300 001 Parcel Size: 10+/- 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 Department of Public Works, referral received 02/26/02.
• Weld County Department of Public Health & Environment, referral received 02/27/02.
• Weld County Department of Building Inspection, referral received 02/8/02.
• Weld County Sheriffs Office, referral received 02/08/02.
• West Greeley Soil Conservation District, referral received 02/22/02.
• Greeley-Weld County Airport, referral received 2/7/02.
Responses were not received from the following referral agencies:
• Weld County Zoning Code Compliance
• Colorado Division of Wildlife
• Platte Valley Fire Protection District
• Town of Kersey
• Neres Canal Ditch Company
EXHIBIT
USR-1374(Banowetz), 1 1 0\
� a
SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
COLORADO
Case#: USR-1374 Hearing Date: March 19, 2002
Applicant: Virtus and Amy Banowetz Planner: S.Vogt
24081 Weld County Road 50
LaSalle, Colorado 80645
Request: A Site Specific Development Plan and a Special Review Permit for a Use permitted
as a Use by Right, an Accessory Use, or a Use by Special Review in the
Commercial or Industrial Zone Districts (Septic/Cement Contractor; Storage
Building) in the A (Agricultural) Zone District.
Legal: Lot A of RE-2358, Part of the Southwest Quarter, Section 31, Township 5 North,
Range 64 West of the 6th Prime Meridian, Weld County, Colorado
Location: North of and adjacent to Weld County Road 50, East of and adjacent to Weld
County Road 49. Approximately 2 miles Southwest of Kersey.
Parcel #: 0963 31 300 001 Parcel Size: 10+/- acres
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 ordinances in effect. The proposed site is less
than eighty (80) acres (approximately 10 acres); less than the number of acres to
retain viable farming operations. As per Section 22-2-60 I. A. 1., ..."Lots of lesser
size are not generally practical to farm due to large-scale management practices
existing today."
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
USR-1374(Banowetz), 2
for a Use by Right, an Accessory Use, or a Use by Special Review in the
Commercial or Industrial Zone Districts (Septic/Cement Contractor; Storage
Building) 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. To the North, South, and West are rural residential
uses and crops; to the East is a field. Conditions of Approval and Development
Standards will ensure that any incompatibilities will be mitigated.
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 site lies within the three mile referral
area of the Town of Kersey. No referral response has been received from the Town
of Kersey.
E. Section 23-2-220.A.5 -- The application complies with Section 23-5 of the Weld
County Code. The site lies within the Airport Overlay District. In the referral
response received 2/7/02, the Greeley-Weld County Airport found no conflict with
the proposed use.
F. Section 23-2-220.A.6 --The proposal is located on a site that is designated "Other
Land" by the USDA Soil Conservation Services Important Farmlands Map of Weld
County, 1979. Given the small size of the parcel (approximately 10 acres), and
USDA Soil Conservation designation little if any agriculturally productive land will be
removed from production.
G. Section 23-2-220.A.7 -- The Design Standards (Section 23-2-240, Weld County
Code), Operation Standards (Section 23-2-250, Weld County Code), Conditions
of Approval,and Development Standards ensure that there are adequate provisions
for the protection of health, safety, and welfare of the inhabitants of the
neighborhood and County.
This recommendation is based, in part, upon a review of the application materials submitted by the
applicant, other relevant information regarding the request, and responses from referral entities.
The Department of Planning Services' staff recommendation for approval is conditional upon the
following:
1. Prior to recording the Plat:
A. The plat shall be amended to delineate the following:
1) A total of 30 feet from the centerline of Weld County Road 50 shall be
delineated right-of-way on the plat. The Use by Special Review shall be
granted one residential access and one business access from Weld
County Road 50. (Department of Public Works)
USR-1374(Banowetz), 3
2) The approved Landscape/Screening/Sign/Parking Plan. (Department of
Planning Services)
3) The approved Drainage Plan and any necessary detention areas.
(Department of Planning Services)
B. The applicant shall submit a revised Landscape/Screening/Sign/Parking Plan to the
Department of Planning Services for review and approval. The applicant shall
include in the Landscape/Screening/Sign/Parking Plan the following information:
1) An installation schedule which specifies when the landscaping will be
installed on site. (Department of Planning Services)
2) A Plant Material List specifying the Botanical and Common names of all
plant material to be installed;the size of the plant material at installation and
whether the plant material is to be containerized or B&B. (Department of
Planning Services)
3) A landscape maintenance schedule which specifically states who will
perform maintenance and that maintenance is on-going and shall not end
upon final acceptance by the Department of Planning Services.
(Department of Planning Services)
4) Screening for outdoor storage of equipment. (Department of Planning
Cervices)
4) A sign plan which conform to the requirements for signs in the A
(Agricultural)Zone District as in Article IV, Division 2 Signs. Section 23-4-90
B. requires that the sign not exceed sixteen (16) square feet in area per
face. (Department of Planning Services)
5) Parking in accordance with Article IV, Division I of the Weld County Code.
(Department of Planning Services)
C. The applicant shall submit a Drainage Plan to contain storm water run-off from the
site that prevents damage to adjacent properties. Evidence of approval shall be
submitted to the Weld County Department of Planning Services. (Department of
Public Works)
D. The applicant shall attempt to address the recommendations of the Weld County
Sheriff's Office as stated in their referral received February 8, 2002. (Weld County
Sheriff's Office)
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 the 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
USR-1374(Banowetz), 4
within thirty(30)days from the date of the Board of County Commissioners resolution. The
applicant shall be responsible for paying the recording fee.
3. The Department of Planning Services respectively requests the surveyor provide a digital
copy of this Recorded Exemption/Subdivision Exemption/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(rilco.weld.co.us.
4. Prior to operation:
A. The applicant shall address the requirements of the Weld County Department of
Building Inspection as stated in their referral received February 8, 2002.
(Department of Building Inspection)
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)
r
USR-1374(Banowetz), 5
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Virtus and Amy Banowetz
USR-1374
1. A Site Specific Development Plan and a Special Review Permit for a Use permitted as a
Use by Right, an Accessory Use, or a Use by Special Review in the Commercial or
Industrial Zone Districts(Septic/Cement Contractor; Storage Building)in the A(Agricultural)
Zone District as indicated in the application materials on file and subject to the Development
Standards stated hereon.
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the
Weld County Code.
3. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act,
30-20-100.5, C.R.S.) shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination. (Department of Public Health and
Environment)
4. No permanent disposal of wastes shall be permitted at this site. This is not meant to include
those wastes specifically excluded from the definition of a"solid waste"in the Solid Wastes
Disposal Sites and Facilities Act, 30-20-100.5, C.R.S. (Department of Public Health and
Environment)
5. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive
dust, blowing debris,and other potential nuisance conditions. (Department of Public Health
and Environment)
6. Fugitive dust shall be controlled on this site.(Department of Public Health and Environment)
7. This facility shall adhere to the maximum permissible noise levels allowed in the Residential
Zone as delineated in 25-12-103 C.R.S. (Department of Public Health and Environment)
8. Adequate toilet and hand washing facilities shall be provided for employees and the public.
(Department of Public Health and Environment)
9. The facility shall utilize the existing public water supply. (Central Weld County Water
District) (Department of Public Health and Environment)
10. The site shall be used as a storage building only. No vehicle washing, concrete processing,
mixing, pouring,or forming shall be conducted at the site. (Department of Public Health and
Environment)
USR-1374(Banowetz), 6
11. The Landscaping/Screening/Sign/Parking on site shall be maintained in accordance with
the approved Landscape/Screening/Sign/Parking Plan.All other equipment and supplies
shall be stored inside the proposed 40'X 120' building. The sales/display of concrete forms
shall be conducted within the confines of the proposed 40' X 120' building.(Department of
Planning Services)
12. The off-street parking and loading areas shall adhere to Article IV, Division I of the Weld
County Code. (Department of Planning Services)
13. Off-street parking and loading areas shall be surfaced with either gravel, asphalt, or
concrete and shall be graded so as to prevent drainage problems. (Department of Public
Works)
14. All operations shall be conducted Monday through Friday from the hours of 8 a.m.to 5 p.m.
(Department of Planning Services)
15. The business access will be gated and only opened during business hours.
(Department of Public Works)
16. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240, Weld County Code.
17. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250, Weld County Code.
18. Personnel from the Weld County Departments of Public Health and Environment,
Department of Public Works and Planning Services 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.
19. 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.
20. 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-1374(Banowetz), 7
I DEPARTMENT OF PLANNING SERVICES
PHONE (970) 353-6100, EXT.3540
FAX (970) 304-6498
V� 1555 N. 17TH AVENUE
COLORADO GREELEY, COLORADO 80631
January 31, 2002
Virtus Banowetz
24081 WCR 50
LaSalle CO 80645
Subject: Site Specific Development Plan and Special Review Permit for a use by right, an accessory use,or a Use
by Special Review in the Commercial or Industrial Zone Districts (Septic/Cement Contractor, Storage
Building)in the Agricultural Zone District on a parcel of land described as LotA of RE-2358;part of the SW4
of Section 31,T5N, R64W 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 19,2002,at 1:30 p.m. This meeting will take place in Room 210,
Weld County Planning Department, 1555 N. 17th Avenue, Greeley, Colorado. It is recommended that you and/or a
representative be in attendance to answer any questions the Planning Commission members may have.
It is the applicant's responsibility to comply with state statutes regarding notice to mineral estate owners. Colorado
Revised Statute,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 Kersey Planning Commission for their review and comments. Please
call Kersey at(970)353-1681 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 Kersey 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,
s , L
Lc.,
Sherri Vogt
Planner
EXHIBIT
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FIELD CHECK
CASE NUMBER: USR-1374 DATE OF INSPECTION: O2.4 C7 I C2-
APPLICANTS NAME: Virtus &Amy Banowetz
PLANNER: Sherri Vogt
REQUEST: Site Specific Development Plan and Special Review Permit fora use by right,an accessory use,
or a Use by Special Review in the Commercial or Industrial Zone Districts (Septic/Cement
Contractor, Storage Building) in the Agricultural Zone District.
LEGAL DESCRIPTION: Lot A of RE-2358; part of the SW4 of Section 31, T5N, R64W of the 6th P.M.,
Weld County, Colorado.
LOCATION: North of and adjacent to WCR 50 and east of and adjacent to WCR 49; approximately 2
miles southwest of Kersey.
LAND USE:
N TVAI6 t-ka NEB o N S mx. 1 -R&AGF
E A4 wink Pt sr4WU , t?titGiortolJ ?two
S_4--VACE Actu4,5 G 4`49 wRd 5MML Acg iC"
w 14011.4e %TM AA o9eueno*J
ZONING: N A(Agricultural)
E A(Agricultural)
S A(Agricultural)
W A(Agricultural)
COMMENTS: Pio 4 t-- sr
17 --mot`( SWQEs 71) 't�4'G
Goat-anti T3£ LA-&D i , PIA-wreo tW &gee
Z -i ID Nor et 'CNE t\CLtew& Nolte 6L63
P.C. Member .1i.1
7,1440
EXHIBIT
1
FIELD CHECK inspection date: 2/20/02
CASE NUMBER: USR-1374
APPLICANT: Virtus and Amy Banowetz
LEGAL DESCRIPTION: Lot A of RE-2358, PT SW4 Section 31-T5N-R64W Weld
County, CO. of the 6th P.M., Weld County, CO
LOCATION: N of and adjacent to WCR 50 and E of and adjacent to WCR 49; Approx. 2
miles Southwest of Kersey.
Zoning Land Use
N A (Agricultural) N House, Barn, Corn field.
E A (Agricultural) E Agricultural (field).
S A (Agricultural) S House, Barn, Horses, and field.
W A (Agricultural) W Two houses and field.
COMMENTS:
Flatbeds and backhoe parked outside.
c ,
Sherri Vogt, Planner
r
EXHIBIT
1 3
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