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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 'Oki; 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 r 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) r 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 e•—• Kik 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 • }` ' il� i �' a } Its ,.� t '{� qn.# 'fix ty; # �} i v � 1.} x() I,. 'Of " 'N i ` Name: MVC-002S.JPG LOOKING WEST ALONG ST HWY 52 Size: 28571 bytes Dimensions: 640 x 480 pixels .navrrt "d. _ z r 6 sb ,` € .�g. � i '� . . ^ *i x ,k .,gyp824 � dg � : A Y�" ti� � J as' P 4 S , i ` s3xr ,-}.�o �1/4"`,4 x' { P r. * p.Wsr,,.. 1y k 4 j 1 T 2 ff 00 ' 7111IFSkti CQTo ie� k t 1 t • ors} Name: MVC-OOIS.JPC LOOKING NORTHWEST ACROSS REAR OF PROPERTY Size: 25451 bytes Dimensions: 640 x 480 pixels ' _ , � Net �i! • F 'II— -*He ,, . -- r• .i ... i, al {61 P•' ^'a { '0 - art. y l • a, .'4_":•%`.../.. • :I s F_ rer� r.i r`• " � . i' .4- ' C �N\ i/4 "` '1 'r SFa Name: MVC—006S.JPG ACCESS TO SUBJECT PROPERTY Size: 39725 bytes Dimensions: 640 x 480 pixels I. :.`cr Wf ill ; J s. ,r. - 389 -_ r. _ . . s ,—_. . Y\ fk -u 1 t Name: MVC-003S.JPG LOOKING EAST ALONG ST HWY 52 Size: 29305 bytes Dimensions: 640 x 480 pixels il "...,_ r, 4 \ -- K. _. CASE NO. ASR iQ : i3.74 i- ACRES tr.,r ' NAME MOLLY 5. ELLIOTT •}' �r . �g ' ) r.. tL REQUEST w� N1 •';_rti,v.l Lttc,. C«4tRl. .ttldtL-1,+.t•:-1T ( 't.l ' 1� „ •' It. }+SLt I., 12Www-a j.:+IA-i NtV SPi11}i'4 c P tA..+ttiL-vL'f--' !,i r .' •. -s T .' A PUBLIC HEARING CONCERNING THIS ' -'' f i ; s t " ' PROPERTY WILL BE HELD AT 1555 NORTH . 4` 17th AVE., GREELEY, COLORADO 80631, � ='� ,'- . ON JULY 17 2001 AT =3Q +; M}�1 • i ~ �' FOR MORE INFORMATION CALL THE 'l�'il WELD COUNTY DEPT. OF PLANNING ----1.-- },.: SERVICES AT (970) 3536100 EXT. 3540. -1y,. '�}} ,. . . Name: MVC-019S.JPG Z Size: 58699 bytes 0' L -C L-- �-)• r:? y Dimensions: 640 x 480 pixels 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: N Di L 'V l'/FL2LS E yoO,J'E y� ei>J-1.4"CCS >N .¢cc7<c_gSoBP S l ,Bl_Z)SS W ZONING: N A(Agricultural) E A(Agricultural) S A(Agricultural) W A(Agricultural) COMMENTS: S7. v, z 0,c r e--/o eitt ,sz- 2)5S ,C ( o.r4 SC c),59') G6}C"ST x9cC.,&S s ,%i9.('' V'if-'S 'z//—Y Si/6-Z Ji77 s /o o '- /z o - cvL) 3y9 3.p-.y s//5'z rc a-Ss 7o J'i rt P.C. Member ///�L'G ��?1!Planning Dept. L'1d -I 1 2001 EXHIBIT 4 RECEIVED n ,.... 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: r 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 1 3 Hello