HomeMy WebLinkAbout20021073.tiff /-� INVENTORY OF ITEMS FOR CONSIDERATION
APPLICANT: Douglas and Kjersten Hobbs CASE#: USR-1378
Submitted or Prepared
Prior to At
Hearing Hearing
1 Planning Commission Resolution
2 Department of Planning Services' Staff Review X
3 Department of Planning Services' Field Check X
4 Legal Notice X
5 Letters to Mineral Owners X
6 Evidence of Posting X
7 Letter to Applicant X
8 Application X
9 Vicinity Maps X
10 Site Map submitted by applicant X
11 Referral List, Referrals without Comments X
12 Weld County Department of Public Works referral received 3-12-02. X
13 Weld County Department of Public Health and Environment, referral X
received 3-28-02.
14 Weld County Department of Building Inspection, referral received 3-15-02. X
15 Weld County Zoning Compliance, referral received 3-17-02. X
16 Weld County Sheriffs Office, referral received 3-15-02. X
17 Town of Frederick, referral received 3-11-02. X
18 Deed(s)/Certificate of Conveyance X
19 Surrounding Property/Mineral Owners X
20 Letter from Dale and Marion Meyers, received 3-18-02 X
21 Soil Survey X
22 Letter of opposition Mora X
23 Letter of opposition Wilkerson X
I hereby certify that the 23 items identified herein (Inventory of Items for Consideratio Case # USR-1378) were
submitted at or prior to the scheduled Planning Commission Hearing.Incertgy.thiatt s were subsequently
forwarded to the Weld County Clerk to the Board's Office. ,
Lauren Light 4 ner
EXHIBIT
Lt42I
2002-1073
WUD�. LANDAPPLICATION
SUMMARY SHEET
COLORADO
Case Number: USR-1378
Planner: Lauren Light
Hearing Date: April 16, 2002
Applicant: Douglas and Kjersten Hobbs
Address: 5327 Weld County Road 18, Longmont, CO 80504
Request: A Site Specific Development Plan and a Special Review Permit for a use permitted
as a use by right or accessory use in the Commercial Zone District (Lawn Care
Company) in the A (Agricultural) Zone District
Legal Lot A of RE-398; Pt. of the SW4 of Section 24, Township 2 North, Range 68
Description: West of the 6th P.M., Weld County, Colorado
Location: North of and adjacent to Weld County Road 18 and approximately 1/4 mile east of
Weld County Road 11
Size of Parcel: 4.6 +/- 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 Zoning Compliance, referral received 3/17/2002
• Weld County Department of Public Health and Environment, referral received 3/28/2002
• Weld County Department of Public Works, referral received 3/12/2002
• Weld County Department of Building Inspection, referral received 3/15/2002
• Frederick-Firestone Fire Protection District, referral received 3/5/2002
• Weld County Sheriffs Office, referral received 3/15/2002
• Town of Frederick, referral received 3/11/02
• Colorado Division of Wildlife, referral received 3/14/2002
USR-1378 Douglas and Kjersten Hobbs 1 EXHIBIT
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The Department of Planning Services' staff has not received responses from the following
agencies:
• Town of Dacono
• Town of Firestone
• Longmont Soil Conservation District
• Lower Boulder Reservoir and Ditch Company
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USR-1378 Douglas and Kjerston Hobbs 2
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f SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
WI`'Dc
COLORADO
Case Number: USR-1378
Planner: Lauren Light
Hearing Date: April 16, 2002
Applicant: Douglas and Kjersten Hobbs
Address: 5327 Weld County Road 18, Longmont, CO 80504
Request: A Site Specific Development Plan and a Special Review Permit for a use permitted
as a use-by-right or accessory use in the Commercial Zone District (Lawn Care
Company) in the A (Agricultural) Zone District
Legal Lot A of RE-398; Pt. of the SW4 of Section 24, Township 2 North, Range 68
Description: West of the 6th P.M., Weld County, Colorado
Location: North of and adjacent to Weld County Road 18 and approximately 1/4 mile east of
Weld County Road 11
Size of Parcel: 4.6 +/- acres
Parcel Number: 1469 02 000079
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 22-2-140.8 (C.
Goal 2)states,"ensure the compatibility of commercial land uses with adjacent land
uses." The applicants intent is to retain the residential appearance of their property
so the property remains compatible with the neighborhood. The Development
Standards, Conditions of Approval, and Operations Standards will effectively
T` mitigate any adverse impacts to surrounding areas.
USR-1378 Douglas and Kjerston Hobbs 3
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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 any use permitted as a Use by Right, an Accessory Use, or a Use by Special
Review in the Commercial or Industrial Zone Districts, 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, as a Use by
Special Review in the A(Agricultural)Zone District. Section 23-3-220.6.2 allows for
stores and shops which furnish services and merchandise at retail to the general
public as a use allowed by right in the C-2 (General Commercial) Zone District.
Section 23-3-240 allows for outdoor storage areas as an accessory use in the C-4
(Highway Commercial) Zone District. The applicants business is providing a retail
service to the general public. There will be limited outside storage until a barn is
constructed and at that time all vehicles and equipment will be relocated into the
barn.
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 rural residential.
The neighboring homes are situated on long narrow lots which locates the existing
residences in close proximity. There is a subdivision to the north, which is located
in the Town limits of Frederick, that is visible from the applicants property. Outside
storage of materials in a Commercial Zone District are required to be screened from
public rights-of-way and adjacent properties.Although the site is zoned Agricultural,
Planning Staff has determined that adequate screening will be necessary to ensure
compatibility with future uses. Once the barn is constructed all company related
vehicles and equipment will be stored inside as per Development Standard seven
(7). Conditions of Approval and Development Standards will 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 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. This proposal does lie within the
Intergovernmental Agreement area for the Town of Frederick. The Town of
Frederick returned the required Notice of Inquiry form on February 26, 2002 and
indicated they had no comments or concerns at that time. On March 7, 2002 the
Town of Frederick's Planning Commission reviewed the referral request and
requested the applicants pay the appropriate road impact fee due to an increase in
traffic. Development Standard ten (10) requires the payment of the appropriate
road impact fee as determined by the Road Impact Fee Committee. The Towns of
Firestone and Dacono did not reply indicating a conflict with their interests.
e. Section 23-2-220.A.5— The application complies with Section 23-5-100 of the Weld
County Code. 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 3. The site lies within the designated geological hazard area but is
not located in area classified as severe or moderate therefore a Geological Hazard
Development Permit is not required.
USR-1378 Douglas and Kjerston Hobbs 4
f. Section 23-2-220.A.6--The applicant has demonstrated a diligent effortto conserve
prime agricultural land in the locational decision for the proposed use. The property
is Lot B of Recorded Exemption 398 and is considered "other" agricultural land by
the Important Farmlands of Weld County 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 the
following:
1. Prior to recording the plat:
A. The plat shall be amended to delineate the following:
1) The attached Development Standards. (Department of Planning Services)
2) Conform to Section 23-3-260.D of the Weld County Code which refers to
requirements for the special review permit plan map. (Department of
Planning Services)
3) The plat shall be labeled Use by Special Review, USR-1378. (Department
of Planning Services)
4) Indicate equipment and employee parking. (Department of Public Works)
5) The compost pile shall be deleted. (Department of Planning Services)
6) Indicate the on-site traffic circulation pattern. (Department of Planning
Services)
7) Designate the screened storage area to be utilized prior to construction of
the barn. (Department of Planning Services)
8) One identification sign per principal use is allowed in the Agricultural Zone
District. The plat shall be amended to indicate any proposed signage.
(Department of Planning Services)
B. 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)
USR-1378 Douglas and Kjerston Hobbs 5
C. Written documentation shall be provided to the Weld County Department of
Planning Services indicating the concerns of the Town of Frederick, as received in
a referral dated March 13, 2002, have been addressed. (Department of Planning
Services)
D. Written documentation shall be provided to the Weld County Department of
Planning Services and Public Works indicating the access permit from the Town of
Frederick has either been upgraded or is sufficient to utilize with the proposed use.
(Department of Planning Services, Department of Public Works)
E. Written documentation shall be provided to the Weld County Department of
Planning Services indicating justification of the circle drive has been approved by
the Weld County Department of Public Works. If sufficient justification is not
provided the circle drive shall be eliminated and one access shall be utilized.
(Department of Planning Services, Department of Public Works)
F. A Dust Abatement Plan, to address parking concerns, shall be submitted to the
Weld County Department of Public Health and Environment, Environmental Health
Services Division, for approval prior to operation. Evidence of approval shall be
submitted to the Weld County Department of Planning Services. (Department of
Public Health and Environment)
G. The septic system serving the house 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. (Department of Public Health
and Environment)
H. The applicant shall submit a Waste Handling Plan, for approval, 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. (Department of Public
Health and Environment)
2) A list of the type and volume of chemicals expected to be stored on site.
(Department of Public Health and Environment)
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)
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USR-1378 Douglas and Kjerston Hobbs 6
2. Upon completion of item 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 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)
3. 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 maps(a�co.weld.co.us.
(Department of Planning Services)
4. The barn shall be constructed by September 1, 2002. (Department of Planning Services)
5. Prior to operation:
A. The requirements of the Weld County Department of Building Inspection shall
be adhered to as required by the referral received March 15, 2002.
(Department of Planning Services)
6. 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)
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USR-1378 Douglas and Kjerston Hobbs 7
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
DOUGLAS AND KJERSTEN HOBBS
USR-1378
1. The Site Specific Development Plan and Special Use Permit is for a use permitted as a
use-by-right or accessory use in the Commercial Zone District(Lawn Care Company)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. Off-street parking spaces, including the access drive, shall be surfaced with asphalt or
equivalent and shall be graded to prevent drainage problems. (Department of Public
Works)
4. No parking or staging of vehicles shall be allowed on Weld County Road 18. Utilize on-site
parking areas. (Department of Planning Services)
5. Except for emergencies, employee hours of operation shall be from 7:00 a.m. to 5:30 p.m.
Monday through Friday. This does not preclude the owners from doing repairs at other
times. Employee hours of operation may be expanded with specific permission from the
/"` Board of County Commissioners. (Department of Planning Services)
6. No on-site composting of business related waste is allowed. (Department of Planning
Services)
7. Company vehicles and related equipment shall be screened by opaque fencing and shall
not be visible from public rights-of-way or adjacent properties until such time the barn is
constructed. Company vehicles and related equipment shall be stored inside the barn once
the building is constructed. (Department of Planning Services)
8. The maximum number of employees shall be five (5). This does not include the owners of
the property. (Department of Planning Services)
9. The number of trucks associated with the business shall not exceed five (5). (Department
of Planning Services)
10. 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 3 as determined by
the Road Impact Fee Committee. (Department of Planning Services)
11. 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)
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USR-1378 Douglas and Kjerston Hobbs 8
12. 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)
13. 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)
14. Fugitive dust shall be controlled on this site. (Department of Public Health and Environment)
15. The facility shall adhere to the maximum permissible noise levels allowed in the
Commercial Zone District as delineated in 25-12-103, C.R.S. (Department of Public Health
and Environment)
16. Adequate toilet and handwashing facilities shall be provided for employees. The
employees shall be allowed to use the handwashing and toilet facilities located at the
applicants' residence. (Department of Public Health and Environment)
17. 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. (Department of Public Health and Environment)
18. The facility shall utilize the existing public water supply ( Central Weld County Water
District). (Department of Public Health and Environment)
19. The facility shall operate in accordance with the approved dust control plan. (Department
of Public Health and Environment)
20. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240, Weld County Code.
21. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250, Weld County Code.
22. Personnel from the Weld County Departments of Public Health and Environment, Planning
Services and Public Works 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.
23. 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.
USR-1378 Douglas and Kjerston Hobbs 9
24. 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.
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USR-1378 Douglas and Kjerston Hobbs 10
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DEPARTMENT OF PLANNING SERVICES
WliD�. PHONE EXT.3540
FAX (970) 304-6498
1555 N. 17TH AVENUE
COLORADO GREELEY, COLORADO 80631
February 28,2002
Douglas& Kjersten Hobbs
5237 WCR 18
Longmont CO 80504
Subject: USR-1378- Request for a Site Specific Development Plan and a Special Review Permit for a business
permitted as a use by right or accessory use in the Commercial Zone District(Lawn Care Company)in the
A(Agricultural)Zone District on a parcel of land described as Lot A of RE-398; part of the SW4 of Section
24,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 April 16,2002,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 Dacono, Firestone, and Frederick Planning Commission for their
review and comments. Please call Dacono at(303)833-2317,Firestone at(303)833-3291 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, Firestone,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, p,aase call.
Respectfully,
ti C“-t\Q \
Lauren Light
Planner
CASE NO. _ ' ACiI
NAME bt•.ew ry 1E t
♦ it0{0..4 [
REQUEST t�+E
A PUBLIC HEARING CONCERNING THIS
PROPERTY WILL BE HELD AT 1555 NORTH
17th AVE., GREELEY, COLORADO 80631,
ON___ _ 20___L_AT _so P.m
FOR Mr'RE INFORMATION CALL THE
WELD COUN'Y DEPT. OF PLANNING
SERVICES AT (970)3534100 EXT.3510.
POSTED 4/5/02 BY SHERRI VOGT
un
FIELD CHECK Inspection date: March 22, 2002
CASE NUMBER: USR-1378
APPLICANT: Douglas and Kjersten Hobbs
LEGAL Lot A of RE-398; Pt. of the SW4 of Section 24, Township 2 North ,
DESCRIPTION: Range 68 West of the 6th PM, Weld County, CO
LOCATION: North of and adjacent to Weld County Road 18; approximately 1/4 mile east of
WCR 11
Zoning Land Use
N A (Agricultural) N Pasture/subdivision
E A (Agricultural) E Single family residential
S A (Agricultural) S Single family residential
W A (Agricultural) W Single family residential
COMMENTS: There are numerous homes adjacent to WCR 18 and it appears they are located
on long narrow lots. Subject property has a circle drive and there is a gate on either side of the
house which leads into the back pasture. There is a subdivision to the north which is visible
from the applicants property.
Lauren Light, Planner
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