HomeMy WebLinkAbout20022065.tiff INVENTORY OF ITEMS FOR CONSIDERATION
APPLICANT: MOLLY A. ELLIOTT CASE#: USR-1338
Submitted or Prepared:
Prior tott At
Hearing Hearing
1 Planning Commission Resolution
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 X
7 Application X
8 Referral List, Letter and Referrals without Comments, X
Referrals with Comments
9 Department of Public Works, referral received 6/6/01. X
10 Department of Health & Environment, referral received 6/4/01. X
11 Weld County Building Inspection, referral received 6/7/01. X
12 Weld County Code Enforcement, referral received 6/13/01. X
13 Mountain View Fire Protection District, referral received 6/6/01. X
14 Deed(s)/Certificate of Conveyance X
15 Surrounding Property/Mineral Owners X
16 Soil Survey X
17 Utilities X
18 Exhibits—ILA A t,,ru(Jt 111 levrad
Item(s)submitted at Planning Commission:
19 Colorado Department of Transportation, referral received 7/9/01 X
I hereby certify that the /9 items identified herein(Inventory of Items for Consideration :Case# USR-1338)were
submitted at or prior to the scheduled Planning Commission Hearing.I further certify that these items were subsequently
forwarded to the Weld County Clerk to the Board's Office.
_ 7 f
EXHIBIT
USR- 1338, (ELLIOTT), 7 I332
2002-2065
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LAND USE APPLICATION
SUMMARY SHEET
COLORADO
Case #: USR-1338 Hearing Date: July 17, 2001
Applicant: Molly A. Elliott Planner: R. Anderson
Request: A Site Specific Development Plan and a Special Review Permit for an Agricultural
Service Establishment(Farm equipment sales, repair and installation facility, Grain
and feed sales) in the A (Agricultural) Zone District.
Legal Part of the Southeast Quarter of the Southwest Quarter of Section 31,Township
Description: 2 North, Range 68 West of the 6th P.M., Weld County, Colorado
Location: North of and adjacent to State Highway 52, %2 mile east of Weld County Road 1
Parcel #: 1313 31 000 034 Parcel Size: 13.74 +/- acres
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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 6/6/01.
• Weld County Department of Public Health & Environment, referral received 6/4/01.
• Weld County Department of Building Inspection, referral received 6/7/01.
• Weld County Zoning Code Compliance, referral received 6/13/01.
• Weld County Sheriffs Office, referral received 6/20/01.
• Mountain View Fire Protection District, referral received 6/6/01.
• Colorado Division of Wildlife, referral received 5/25/01.
• Boulder County Land Use Department, referral received 5/21/01.
• City of Dacono, referral received 6/11/01.
• Town of Frederick, referral received 5/29/01.
USR- 1338, (ELLIOTT), 1 EXHIBIT
SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
COLORADO
Case #: USR-1338 Hearing Date: July 17, 2001
Applicant: Molly A. Elliott Planner: R. Anderson
Request: A Site Specific Development Plan and a Special Review Permit for an Agricultural
Service Establishment(Farm equipment sales, repair and installation facility, Grain
and feed sales) in the A (Agricultural) Zone District.
Legal Part of the Southeast Quarter of the Southwest Quarter of Section 31,Township
Description: 2 North, Range 68 West of the 6th P.M., Weld County, Colorado
Location: North of and adjacent to State Highway 52, '/z mile east of Weld County Road 1
Parcel #: 1313 31 000 034 Parcel Size: 13.74 +/- 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.
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.B. of the Weld County Code provides
for Farm equipment sales, repair and installation facilities, Grain and feed sales as
a Use by Special Review 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. Conditions of Approval and Development Standards
will ensure that any incompatibilities will be mitigated. Surrounding land uses are
predominantly agricultural and rural residential in nature.
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.
USR- 1338, (ELLIOTT), 2
E. Section 23-2-220.A.5 -- The application complies with Chapter 23, Article V of the
Weld County Code as it does not lie within any Overlay Districts. Effective
December 1, 1999, Building Permits issued on the Lot will be required to adhere to
the fee structure of the Southwest Weld Road Impact Program Area 1.
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 proposed
site lies on land designated Irrigated Not Prime by the USDA"Farmlands of National
Importance" Map dated 1979.
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:
1. The attached Development Standards for the Special Review Permit shall be adopted and
placed on the Special Review Plat prior to recording. The completed plat shall be delivered
to the Weld County Department of Planning Services and be ready for recording in the
Weld County Clerk and Recorder's Office within 30 days of approval by the Board of County
Commissioners. (Department of Planning Services)
2. Prior to scheduling a Board of County Commissioners hearing:
A. The applicant shall provide evidence to the Weld County Department of Public
Health and Environment, and the Department of Planning Services, that the well
has been appropriately permitted/registered with the Colorado Department of
Natural Resources, Division of Water Resources and can be used for both
commercial and residential use. (Dept. of Public Health and Environment)
B. The applicant shall submit to the Department of Planning Services a written request
to vacate Special Use Permit 246,an approved Site Specific Development Plan and
Special Review Permit for a Children's Shelter Home in the A (Agricultural) Zone,
Applicants Barbara McMynn and Michael Laage, July 20, 1988.
3. Prior to recording the plat:
A. A detailed Landscape/Screening Plan identifying the number, size and species of
landscape materials,shall be submitted to the Department of Planning Services for
review and approval. The Landscape/Screening Plan shall address maintenance
as well as replacement of the dead or dying landscape materials. The approved
Landscape/Screening Plan shall be delineated on the plat map. (Dept. of Planning
Services)
USR- 1338, (ELLIOTT), 3
r-.
B. The applicant shall provide the Weld County Department of Planning Services a
copy of the access permit issued by the Colorado Department of Transportation
(CDOT) which grants access to State Highway 52, or written evidence that the
applicant has complied with the requirements of the Colorado Department of
Transportation. (Dept. Of Public Works)
C. The applicant shall attempt to address the requirements of the Mountain View Fire
Protection District, as stated in the referral response received June 6, 2001.
Evidence of such shall be submitted in writing to the Weld County Department of
Planning Services. (Mountain View Fire Protection District)
D. In event the maintenance shop is equipped with a floor drain, the applicant must
apply for an Underground Injection Control (UIC) Class V Injection Well permit
through the Environmental Protection Agency(EPA), or provide evidence to the to
the Weld County Department of Public Health and Environment, and the
Department of Planning Services,that the applicant is not subject to the EPA Class
V requirements. (Dept. of Public Health and Environment)
E. The Environmental Health Services Division of the Weld County Department of
Health and Environment was unable to locate a septic permit for the septic system
serving the residence. The septic system 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.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 approval shall be
submitted to the Weld County Department of Planning Services. (Dept. of Public
Health and Environment)
3. 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. (Dept. of Planning Services)
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USR- 1338, (ELLIOTT), 4
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
MOLLY A. ELLIOTT
USR-1338
1. The Site Specific Development Plan and Special Use Permit is for an Agricultural Service
Establishment(Farm equipment sales, repair and installation facility, Grain and feed sales)
in the A (Agricultural) Zone District, as indicated in the application materials on file and
subject to the Development Standards stated hereon. (Dept. 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. (Dept. of Planning Services)
3. An individual sewage disposal system is required for the proposed shop and shall be
installed according to the Weld County Individual Sewage Disposal Regulations. The septic
system is required to be designed by a Colorado Registered Professional Engineer
according to the Weld County Individual Sewage Disposal Regulations. (Dept. of Public
Health and Environment)
4. 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. (Dept. 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. (Dept. of Public Health and
Environment)
6. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive
dust, blowing debris, and other potential nuisance conditions. (Dept. of Public Health and
Environment)
7. Fugitive dust shall be controlled on this site. (Dept. of Public Health and Environment)
8. This facility shall adhere to the maximum permissible noise levels allowed in the
Commercial Zone as delineated in 25-12-103 C.R.S. (Dept. of Public Health and
Environment)
9. Adequate hand washing and toilet facilities shall be provided for employees and the
public.(Dept. of Public Health and Environment)
10. All pesticides, fertilizer, and other potentially hazardous chemicals must be stored and
handled in a safe manner. Reference 25-8-205.5 Colorado Water Quality Control Act and
Rules and Regulations thereof. (Dept. of Public Health and Environment)
USR- 1338, (ELLIOTT), 5
-- 11. The facility shall provide an adequate water supply for drinking and sanitary purposes.
(Dept. of Public Health and Environment)
12. Effective December 1, 1999, Building Permits issued on the lot will be required to adhere
to the fee structure of the Southwest Weld Road Impact Program Area 1. (Dept.of Planning
Services)
13. The hours of operation shall be 7:00 am to 7:00 pm, Monday through Saturday. Hours of
operation may be extended with specific permission from the Weld County Board of County
Commissioners. (Dept. of Planning Services)
14. The landscaping on site shall be maintained in accordance with the approved
Landscape/Screening Plan. (Dept. of Planning Services)
15. The off-street parking spaces and the main office parking, including the access drives,shall
be surfaced with gravel, asphalt, concrete, or equivalent, and shall be graded to prevent
drainage problems. No staging or parking will be allowed on the access road.The applicant
shall use on-site parking only.
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 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- 1338, (ELLIOTT), 6
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DEPARTMENT OF PLANNING SERVICES
lID�. PHONE (970) 353-6100, EXT.3540
FAX (970)304-6498
1555 N. 17TH AVENUE
COLORADO GREELEY, COLORADO 80631
May 14, 2001
Molly A. Elliott
379 Highway 52
Erie, Colorado 80516
Subject: USR-1338- Request for a Site Specific Development Plan and a Special Review Permit for a
Agricultural Service Establishment(Farm equipment sales, repair,and installation facility,Grain
and feed sales)in the A(Agricultural)Zone District on a parcel of land described as Pt/SE4 SW4
Section 31,Township 2 North, Range 68 West of the 6th P.M., Weld County, Colorado.
Dear Ms. Elliott:
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 July 3, 2001, 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 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 Commissions for their review and comments. Please call 303-833-2317, 303-926-2700 and 303-
833-2388 for further details regarding the dates,times,and places of these meetings. It is recommended that
you and/or a representative be in attendance at the Dacono, Erie, and Frederick Planning Commission
meetings 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,
EXHIBIT
Robert Anderson
Planner
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FIELD CHECK
CASE NUMBER: USR-1338 DATE OF INSPECTION: '2/`/
APPLICANT'S NAME: Molly A. Elliott
PLANNER: Robert Anderson
REQUEST: A Site Specific Development Plan and a Special Review Permit for a Agricultural Service
Establishment(Farm equipment sales, repair, and installation facility, Grain and feed sales) in
the A(Agricultural)Zone District.
LEGAL DESCRIPTION: Pt/ SE4 SW4 Section 31, Township 2 North, Range 68 West of the 6th P.M.,
Weld County, Colorado.
LOCATION: North of and adjacent to Sta_ to Highway 52 and 1/2 Mile East of Weld County Road.
LAND USE:
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ZONING: N A(Agricultural)
E A(Agricultural)
S A(Agricultural)
W A(Agricultural)
COMMENTS:
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L'1d -I 1 2001
EXHIBIT
4 RECEIVED
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ititt6ire
111k FIELD CHECK ,✓
COLORADO
APPLICANT: MOLLY A. ELLIOTT CASE#: USR-1338
LEGAL: PT/SE4/SW4, SEC 31, T2N, R68W, 6T" PM, WELD COUNTY, CO
LOCATION: N/ADJ ST HWY 52 &1/2 MILE EAST WCR#1
ZONING LAND USE
N AG N AGRICULTURAL PRODUCTION /RURAL RESIDENTIAL
E AG E AGRICULTURAL PRODUCTION /RURAL RESIDENTIAL
S AG S AGRICULTURAL PRODUCTION /RURAL RESIDENTIAL
W AG W AGRICULTURAL PRODUCTION/RURAL RESIDENTIAL
COMMENTS:
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DENSE LANDSCAPE IMMATURE/MATURE
CONIFERS AND DECIDUOUS TREES
PROPOSED SITE FORMERLY USR 836
(CHILDRENS SHELTER)
r PLANNER: ' ' INSPECTION DATE: O 7 a`" 0 /
Robert Anderson
EXHIBIT
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