HomeMy WebLinkAbout20020494.tiff INVENTORY OF ITEMS FOR CONSIDERATION
Applicant Shawn and Stacey Greathouse Case Number USR 1366
Submitted or Prepared
Prior to At
Hearing Hearing
1 Planning Commission Resolution
2 Staff Comments X
3 Department of Planning Services field check form X
4 Planning Commissioner Folsom field check form X
5 Letter to Applicant X
6 Photograph of sign posting X
7 Legal Notifications X
8 Application X
9 Maps X
10 Referral List X
11 Referrals without comment X
Larimer County Planning, referral received 12-18-2001 X
Referrals with comments X
12 Weld County Department of Public Works, referral received 12-21-2001 X
13 Little Thompson Water District, referral received 12-26-2001 X
14 Hillsboro Ditch Company, referral received 12-28-2001 X
15 Weld County Department of Public Health and Environment, referral X
received 1-3-2002
16 Deeds X
17 Surrounding Property / Mineral Owners •
1X
18 Utilities X
19 Soil Survey X
PC Exhibits
20 Johnstown Fire Protection District, referral received 1-22-2002 X
21 Weld County Code Compliance, referral received 1-24-2002 X
22 Town of Johnstown, referral received 1-25-2002 X
23 Weld County sheriffs Office, referral received 1-29-2002 X
EXIBIT
2002-0494 JJ11
24 Town of Johnstown, letter dated May 30, 2001, received 2-19-2002 X
I hereby certify that the 24 items identified herein were submitted to the Department of Planning Services
at or prior to the scheduled Planning Commission hearing.
KimM Planner Ill
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WliD�. LAND USE
APPLICATION
SUMMARY SHEET
COLORADO
Case Number: USR-1366 Hearing Date: February 19, 2002
Applicant: Stacey & Shawn Greathouse Address: 444 La Costa Lane,
Johnstown, CO 80534
Request: A Site Specific Development Plan and a Special Review Permit for any use permitted as a
Use by Right,an Accessory Use,or a Use by Special Review in the Commercial or Industrial
Zone Districts (Majestic Fence Company), provided that the property is not a Lot in an
approved or recorded subdivision plat or lots parts of a map or plan filed prior to adoption of
any regulations controlling subdivisions, in the A (Agricultural)Zone District.
Legal
Description: Lot B of RE 2720; Pt S2 SW4 Section 32, T5N, R67W of the 6th P.M., Weld County, CO
Location: North of and adjacent to Weld County Road 50 and west of and adjacent to Weld County
Road 151/2
Size of Parcel: 46 +/-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:
• Larimer County Planning, referral received 12-18-2001
• Weld County Department of Public Works, referral received 12-21-2001
• Little Thompson Water District, referral received 12-26-2001
• Hillsboro Ditch Company, referral received 12-28-2001
• Weld County Department of Public Health and Environment, referral received 1-3-2002
• Johnstown Fire Protection District, referral received 1-22-2002
• Weld County Zoning Compliance, referral received 1-24-2002
• Town of Johnstown, referral received 1-25-2002
• Weld County Sheriffs Office, referral received 1-29-2002
The Department of Planning Services' staff has not received responses from the following agencies:
• Big Thompson Soil Conservation District
• Town of Milliken
• Weld County Department of Building Inspection
EXPNBIT
GREATHOUSE-USR-1366 page 1 1 2.
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SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW"Rye
COLORADO
Planner: Kim Ogle
Case Number: USR-1366 Hearing Date: February 19, 2002
Applicant: Stacey & Shawn Greathouse Address: 444 La Costa Lane,
Johnstown, CO 80534
Request: A Site Specific Development Plan and a Special Review Permit for Any use permitted as a
Use by Right,an Accessory Use,or a Use by Special Review in the Commercial or Industrial
Zone Districts (Majestic Fence Company), provided that the property is not a Lot in an
approved or recorded subdivision plat or lots parts of a map or plan filed prior to adoption of
any regulations controlling subdivisions, in the A (Agricultural)Zone District.
Legal
Description: Lot B of RE 2720; Pt S2 SW4 Section 32, T5N, R67W of the 6th P.M., Weld County, CO
Location: North of and adjacent to Weld County Road 50 and west of and adjacent to Weld County
Road 15 1/2
Situs: 24047 Weld County Road 15.5, Johnstown, CO 80534
Size of Parcel: 46 +/-acres Parcel Number: 0957 32 000027
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. Section 23-2-60.6.1 (A. Goal 2)allows
for commercial and industrial uses to locate in the Agricultural Zone District when the impact
to surrounding properties is minimal, and where adequate services and infrastructure are
available. The Development Standards,Conditions of Approval,and Operations Standards
will effectively mitigate any adverse impacts to surrounding areas. Water is provided by
Little Thompson Water District and the sewage disposal will be permitted by a septic
system.
GREATHOUSE-USR-1366 page 2
b. Section 23-2-220.A.2--The proposed use is consistent with the intent of the A(Agricultural)
Zone District. Section 23-3-40.R of the Weld County Code provides for a Site Specific
Development Plan and a Special Review Permit for Any use permitted as a Use by Right,
an Accessory Use, or a Use by Special Review in the Commercial or Industrial Zone
Districts(Majestic Fence Company), provided that the property is not a Lot in an approved
or recorded subdivision plat or lots parts of a map or plan filed prior to adoption of any
regulations controlling subdivisions, in the A (Agricultural) Zone District as a Use by
Special Review.
c. Section 23-2-220.A.3--The uses which will be permitted will be compatible with the existing
surrounding land uses.The surrounding area is primarily agricultural with a few residences
associated with the agricultural activities. This application is for the Majestic Fence
Company,the proposed building will look similar to other agricultural buildings and will have
one office, interior materials storage and parking for vehicles. Exterior storage of
equipment and lumber will be in a screened and enclosed area adjacent to the building.
Conditions of Approval and Development Standards ensure that the proposal is consistent
with surrounding land uses.
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 Chapter22 of the Weld County Code and any other applicable
code provisions or ordinances in effect, or the adopted Master Plans of affected
municipalities. This proposal does lie within a three mile referral area of the Towns of
Johnstown and Milliken. The Town of Johnstown indicated that their Comprehensive Land
Use Plan does not designate this area as commercial. The town would prefer annexation
of the property to the Town. The Town of Milliken did not respond indicating a conflict with
their interests. The Conditions of Approval and Development Standards will ensure the
health, safety and welfare of the citizens of Weld County.
e. Section 23-2-220.A.5 --The site does not lie within any Overlay Districts.
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 property is Lot B of
Recorded Exemption 2720 and is considered Prime agricultural land by the Important
Farmlands of Weld County Map. The applicant has proposed to place each structure
(personal residence and business operations facility)within established building envelopes
as required through the Recorded Exemption approval process. Section 22-2-60.1.1 of the
Weld County Comprehensive Plan indicates that eighty (80) acres is considered the
minimum lot size needed for a viable farming operation. The subject property is 45.8 acres
in size and is leased to an adjacent neighbor for agricultural operations.
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. 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)
GREATHOUSE-USR-1366 page 3
2. Prior to recording the plat:
A. The plat shall be amended to delineate the following:
1) The applicant should reserve an additional 20 feet of property parallel to the WCR
50 right-of-way for future build out. This should all be delineated on the USR Plat.
There shall be no new residential/commercial accesses allowed on to roadways
classified as an arterial. If secondary accesses are available from non-arterial
status roads. (Department of Public Works)
1) The off-street parking spaces at the main office parking lot, including the access
drive shall be surfaced with gravel,asphalt,concrete or the equivalent and shall be
graded to prevent drainage problems. The area shall be delineated on the USR
Plat. (Department of Public Works)
2) The apron approach from Weld County Road 15.5 into the property shall have a
hard surface access. This apron shall be delineated on the USR Plat. (Johnstown
Fire Protection District)
3) Both accesses shall be placed in such a location to have adequate sight distance
in either direction and not below the crest of a hill or where physical obstructions
are present and shall be clearly delineated on the USR Plat. (Department of Public
Works)
4) The location of all security lighting for the structure and storage yard. (Weld County
Sheriffs Office)
B. The applicant shall submit a Waste Handling Plan to the Weld County Department of
Public Health and Environment, Environmental Health Services Division. Evidence of
approval shall be submitted to the Weld County Department of Planning Services.The plan
shall include at a minimum, the following:
1) A list of wastes which are expected to be generated on site, including expected
volumes and types of waste generated.
2) A list of the type and volume of chemicals expected to be stored on site.
3) The waste handler and facility where the waste will be disposed, including the
facility name, address, and phone number. (Department of Public Health and
Environment)
C. In event the 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), for the floor drain system that serves the
maintenance shop, or provide evidence that the applicant is not subject to the EPA Class
V requirements. Written evidence of compliance from the Weld County Department of
Public Health and Environment shall be submitted to the Department of Planning Services.
(Department of Public Health and Environment)
D. An individual sewage disposal system is required for the proposed shop/office 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. Written evidence
of compliance from the Weld County Department of Public Health and Environment shall
be submitted to the Department of Planning Services. (Department of Public Health and
Environment)
GREATHOUSE-USR-1366 page 4
E. In the event vehicles or equipment are washed on site,the applicant shall provide evidence
that any vehicle or equipment washing area will be designed and constructed to capture all
effluent and prevent any discharges from the washing of vehicles and/ or equipment in
accordance with the Rules and Regulations of the Water Quality Control Commission and
the Environmental Protection Agency. Written evidence of compliance from the Weld
County Department of Public Health and Environment shall be submitted to the Department
of Planning Services. (Department of Public Health and Environment)
F. Upon completion of items 3.A through and including 3.E, the applicant shall submit a paper
copy of the plat for preliminary approval to the Weld County Department of Planning
Services. Upon approval of the paper copy 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 sixty (60) days from the date of the Board of County Commissioners
resolution. The applicant shall be responsible for paying the recording fee.
4. Prior to Certificate of Occupancy/Operation:
A. Submit a dust abatement plan to the Environmental Health Services, Weld County
Department of Public Health & Environment, for approval prior to operation. (Department
of Public Health and Environment)
B. Proper building permits shall be obtained in accordance with the referral response from the
i-. Weld County Building Inspection Department dated September 5, 2001, prior to any
construction, demolition, or excavation. Part of the permit application process includes a
complete plan review. (Dept. of Planning Services)
C. Site and building drawings shall be submitted to the Johnstown Fire Protection District.
Written evidence of attempt to comply with Fire District requirements shall be submitted to
the Weld County Department of Planning Services. (Dept. of Planning Services)
D. Submit evidence that the Weld County Sheriffs office has conducted a security review of
the property to determine property is secure. (Weld County Sheriffs office)
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)
GREATHOUSE-USR-1366 page 5
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Shawn and Stacey Greathouse
USR-1366
1. The Site Specific Development Plan and Special Use Permit is for any use permitted as a Use by
Right,an Accessory Use,or a Use by Special Review in the Commercial or Industrial Zone Districts
(Majestic Fence Company), provided that the property is not a Lot in an approved or recorded
subdivision plat or lots parts of a map or plan filed prior to adoption of any regulations controlling
subdivisions, 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. The facility shall operate in accordance with the approved dust control plan. (Department 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.,as amended)shall be stored and removed for final disposal in a manner that protects
against surface and groundwater contamination. (Department of Public Health and Environment)
5. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those
wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites
and Facilities Act, 30-20-100.5, C.R.S. (Department 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. (Department of Public Health and
Environment)
7. Fugitive dust shall be controlled on this site. (Department 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. (Department of Public Health and Environment)
9. Adequate hand washing and toilet facilities shall be provided for employee and patron use.
(Department of Public Health and Environment)
10. The facility shall utilize the existing public water supply. (Little Thompson Water) (Department of
Public Health and Environment)
11. 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)
12. Any vehicle or equipment washing area(s)shall capture all effluent and prevent discharges from the
washing of vehicle and/or equipment in accordance with the Weld County Code, the Rules and
Regulations of the Water Quality Control Commission, and the Environmental Protection Agency.
(Department of Public Health and Environment)
13. An I.S.D.S is required for the proposed facility and shall be installed according to the Weld County
I.S.D.S. Regulations. (Department of Public Health and Environment)
14. The septic system is required to be designed by a Colorado Registered Professional Engineer
GREATHOUSE-USR-1366 page 6
i^ according to the Weld County I.S.D.S. Regulations.(Department of Public Health and Environment)
15. The landscaping on site shall be maintained in accordance with the approved landscape plan.
(Department of Planning Services)
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, 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.
GREATHOUSE-USR-1366 page 7
DEPARTMENT OF PLANNING SERVICES
d PHONE (970)353-6100, EXT.3540 FAX 70) 304-6498
Y,15 5 N. 17 TH AVENUE
80631
COLORADOGREELEY, 80631
O
COLORADO
December 13, 2001
Subject: USR-1366- 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 a Use by Special Review in the
Commercial or Industrial Zone District(Majestic Fence Company), provided that the property is
not a Lot in an approved or recorded subdivision plat or lots parts of a map or plan filed prior to
adoption of any regulations controlling subdivisions, in the A (Agricultural)Zone District. of the
6'" P.M., Weld County, of the 6th P.M., Weld County, Colorado.
Dear Applicant :
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 February 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 Town of Johnstown, Town of
Milliken Planning Commission for their review and comments. Please call Johnstown 970-587-4664, Milliken
970-587-4331 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 Town of Johnstown, Town of Milliken 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,
Kim
EXHIBIT
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FIELD CHECK
CASE NUMBER: USR-1366 DATE OF INSPECTION: 77A 2*,
APPLICANT'S NAME: Stacey& Shawn Greathouse a
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PLANNER: Kim Ogle v�y
REQUEST: A Site Specific Development Plan and a Special Review Permit for. 4fit47•
LEGAL DESCRIPTION: Lob B of RE-2720; Pt S2 SW4 Section 32, T5N, R67W ofFtb M Weld gC,
County, of the 6th P.M., Weld County, Colorado. Viirt
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LOCATION: North of and adjacent to Weld County Road 50 and west of and adjacent to Well
LAND USE:
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ZONING: N A(Agricultural)
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FIELD CHECK inspection date: February 10, 2002
CASE NUMBER: USR 1366
APPLICANT: Shawn and Stacey Greathouse
LEGAL DESCRIPTION: Lot B of RE 2720; Part S2 SW4 Section 32, Township 5 North,
Range 66 West of the 6th PM, Weld County, CO
LOCATION: North of and adjacent to WCR 50; West of and adjacent to WCR 15.5
Zoning Land Use
N A (Agricultural) N Agricultural land. Tank Battery & Separator. Single
Family Residence 0.25 mile north of property line.
E A (Agricultural) E Agricultural land. Single Family Residence with
outbuildings and large parking area
S A (Agricultural) S Agricultural land. Town of Johnstown 0.5 mile
W A (Agricultural) W Agricultural land, slopes up to west
COMMENTS:
Land is vacant and flat. Little slope from north to south. Appears to be plowed. New Culvert
from WCR 15.5 is approximately 300 feet north of WCR 50 intersection. Excavation work
underway for new structure. One oil tank battery (Southwestern Production Corp; telephone
970 284 5487, Situs: SE4SW4 32-5-67, Parrish 32-1), and one separator are present 800 feet
north of WCR 50 adjacent to WCR 15.5. One well head is visible in line with battery near
center of property, west of WCR 15.5. Along north property line is an unimproved irrigation
ditch. Hillsborough Irrigation Ditch along west property line. Several moderate to large "mossy
rocks" on wood pallets in northeast corner of property.
Good view of front range.
WCR 15.5 is a two lane gravel road with local traffic. WCR 50 is a two lane paved road.
Little Thompson Water District, Telephone Cable, Gas Line buried adjacent to east property line
in right-of-way for WCR 15.5. Irrigation improved south of WCR 50 and east of WCR 15.5 on
north side of road.
Borrow ditch adjacent to east and south property line.
Mature cottonwood trees east of WCR 15.5 adjacent to Single Family Residence with
outbuildings and large parking area.
C
Kim Ogl , lanner III
EXHIBIT
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