HomeMy WebLinkAbout20021698.tiff INVENTORY OF ITEMS FOR CONSIDERATION
Applicant Howard &Veronica Cantrell Case Number USR-1391
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 field check form
5 Letter to Applicant X
6 Legal Notifications/Photograph of sign posting X
7 Application X
8 Maps X
9 Referral List X
10 Referrals without comment X
Referrals with comments
11 Weld County Department of Public Works, referral received X
06/04/2002
12 Weld County Department of Public Health and Environment, X
referral received 05/24/2002
13 Weld County Department of Building Inspection, referral X
received 05/21/2002
14 Weld County Department of Planning Services, referral received X
05/16/2002
15 Deed /Certificate of Conveyance X
16 Surrounding Property/Mineral Owners X
17 Central Weld County Water District water tap assignment X
18 Septic permit X
19 Soil Survey X
PC Exhibits
20 Publication from Farmer& Miner ilad
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21 Letter from Alliance Development Services regarding the septic X —7 )( A
r"-^ system
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g EXHIBIT
2002-1698
UStc #1391
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I hereby certify that the## items identified herein were submitted to the Department of Planning Services
at or prior to the scheduled Planning Commission hearing. I further certify that these items were forwarded
to the Clerk to the Board's office.
(lad.A anti:
Carla Angeli Pithnner
n
r
ister;
voltLAND USE APPLICATION
COLORADO SUMMARY SHEET
Case Number: USR-1391 Hearing Date: June 18, 2002
Applicant: Howard and Veronica Cantrell
Address: 11016 Weld County Road
Fort Lupton, Colorado 80621
Request: A Site Specific Development Plan and a Special Review Permit for a use by
right, an accessory use, or a use by special review in the commercial zone
district (retail shop- selling trees, shrubs, grain, garden decor, and jewelry)
in the A (Agricultural) Zone District
Legal Description: Lot A of RE-1057; Pt. of the SW4 of Section 1,Township 2 North, Range 67
West of the 6th P.M., Weld County, Colorado
Location: East of and adjacent to Weld County Road 23 and Northeast of Weld
County Road 24
Size of Parcel: 29.4 +/- 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 05/09/2002
• Weld County Department of Public Health and Environment, referral received 05/24/2002
• Weld County Department of Public Works, referral received 06/04/2002
• Weld County Department of Building Inspection, referral received 05/21/2002
Weld County Department of Planning Services, referral received 05/16/2002
• Fort Lupton Fire Protection District, referral received 05/15/2002
• Platte Valley Soil Conservation District, referral received 05/17/2002
• Colorado Division of Wildlife, referral received 05/17/2002
• Town of Platteville, referral received 05/29/2002
The Department of Planning Services has not received responses from the following agencies:
• Weld County Sheriffs Office, referral received /2002
• Meadow Island Ditch Company, referral received /2002
USR-1391, Howard&Veronica Cantrell, 1 EXHIBIT
11`1.
44t(4°I
COLORADO
SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
Planner: Carla Angeli
Case Number: USR-1391 Hearing Date: June 18, 2002
Applicant: Howard & Veronica Cantrell
Address: 11016 Weld County Road
Fort Lupton, Colorado 80621
Request: A Site Specific Development Plan and a Special Review Permit for a use by
right, an accessory use, or a use by special review in the commercial zone
district (retail shop-selling trees, shrubs, grain, garden decor, and jewelry)
in the A (Agricultural) Zone District
Legal Description: Lot A of RE-1057; Pt. of the SW4 of Section 1, Township 2 North, Range 67
West of the 6th P.M., Weld County, Colorado
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Location: East of and adjacent to Weld County Road 23 and Northeast of Weld
County Road 24
Parcel Size: 29.4 +/- acres
Parcel Number: 1311 01 000020
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 22-2-150B. C.2.
states "Ensure the compatibility of commercial land uses with adjacent land uses."
The proposed retail shop is located in the southwest portion of the property near the
existing single family residence. The building is screened by trees off of Weld
County Road 23. The shop will be selling trees, shrubs, and grain raised by local
farmers. The main portion of the property is designated as "Not Prime" by the
Farmlands of National Importance map dated 1979. This retail shop will not affect
USR-1391,Howard&Veronica Cantrell, 2
agricultural practices on site or those on surrounding properties. The Conditions of
Approval and Development Standards will ensure compatibility with surrounding
land uses.
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 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 zone district 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. The uses to the north, east, south, and west are
farms with single family residences. There are existing oil and gas tanks on the
property. The Town of Platteville is located three miles to the north and Firestone
is located four miles west of the proposed site. To the west five miles a strip mall
is under construction. Other uses include a greenhouse and commercial tree
wholesaler approximately one mile from the site.
d. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with
future development of the surrounding area as permitted by the existing zoning and
with the future development as projected by Chapter 22 of the Weld County Code
and any other applicable code provisions or ordinances in effect, or the adopted
Master Plans of affected municipalities. The site lies within the three mile referral
area of the Town of Platteville. A response received on May 29, 2002, from the
Platteville Board of Trustees indicates they have reviewed the request and find no
conflicts with their interests.
e. Section 23-2-220.A.5 --The eastern portion of the site does lie within the 100 year
flood plain as identified by the Flood Insurance Rate Map Community Panel Map
080266 0860C dated September 28, 1982. The site of the proposed shop is
located in the southwest corner of the property and is not within the flood plain area.
a. 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 majority
of the 29.4 acre site is designated as "not prime" as mentioned earlier. The
proposed shop will be situated in close proximity to the single family residence in the
southwest portion of the property off of Weld County Road 23. The retail shop will
not make agricultural practices less efficient.
b. 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.
USR-1391,Howard&Veronica Cantrell, 3
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 labeled Use by Special Review 1391 (Department of Planning
Services)
B. The plat shall delineate the following:
1) The attached Development Standards. (Department of Planning Services)
2) The approved landscaping, screening, lighting, and parking plans.
3) A sign plan which conforms to the requirements for signs in the A
(agricultural)zone district with the exception of Section 23-4-90.B. One four
foot (4') by four foot (4') sign shall be displayed on the retail shop and two,
two foot (2') by two foot (2') signs shall be displayed on the north and south
ends of the property located off of Weld County Road 23.
4) The proposed location of future restroom facilities within the retail shop
C. 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)
D. The applicant shall address the requirements of the Department of Public Health
and Environment regarding the septic system as stated in the referral received May
24, 2002. The existing septic system serving the residence shall be reviewed by a
Colorado Registered Professional Engineer. The review shall consist of an
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.
(Department of Public Health and Environment)
E. The applicant shall address the requirements of the Department of Planning
Services regarding landscaping,screening, lighting,signage,and parking as stated
in the referral received May 16, 2002. A plan addressing the above issues shall be
submitted for review and approval to the Department of Planning Services.
(Department of Planning Services)
F. The applicant shall enter into an Improvements Agreement according to policy
regarding collateral for improvements and post adequate collateral for transportation
and non-transportation requirements. The agreement and form of collateral shall
be reviewed by County Staff and accepted by the Board of County Commissioners
prior to recording the plat. (Department of Planning Services)
USR-1391, Howard&Veronica Cantrell, 4
G. The applicant shall address the requirements of the Department of Public Works as
stated in their referral response received June 4, 2002. These include identifying
on the plat an additional 10 of right-of-way for Weld County Road 23 and any right-
of-way on the south end of the parcel. The applicant shall show on the plat the size
and dimension of the parking lot and configuration of parking spaces to
accommodate three parking spaces. (Department of Public Works)
H. The applicant shall establish one of the houses on the property as a non conforming
structure with the Department of Planning Services. (Department of Planning
Services)
2. Upon completion of 1. above the applicant shall submit a Mylar plat along with all other
documentation required as Conditions of Approval. The Mylar plat shall be recorded in the
office of the Weld County Clerk and Recorder by 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 respectfully requests the surveyor provide a digital
copy of this Recorded Exemption/Subdivision Exemption/Use by Special Review/.
Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats
are ArcView shapefiles, Arclnfo Coverages and Arclnfo Export files format type is .e00.
The preferred format for Images is .tif(Group 4). (Group 6 is not acceptable). This digital
filemaybesenttomaps@co.weld.co.us. (Department of Planning Services)
4. Prior to operation:
A. A building permit shall be obtained for a change of use to a retail sales building. All
applicable permits and plans shall be submitted for review and approval to the
Department of Building Inspection as stated in the referral response received May
21, 2002. (Department of Planning Services)
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)
USR-1391, Howard&Veronica Cantrell, 5
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Howard and Veronica Cantrell
USR-1391
1. The Site Specific Development Plan and Special Use Permit is for use by right, an
accessory use, or a use by special review in the commercial zone district(retail shop-selling
trees, shrubs, grain, decor, and jewelry) 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 hours of operation shall be from 10:00 a.m. to 6:00 p.m. Daily. (Department of
Planning Services)
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. (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., as amended. (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. 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)
9. Adequate handwashing and toilet facilities shall be provided for patrons of the facility.
Patrons of the retail shop shall be allowed to use the toilet facilities located in the residence.
(Department of Public Health and Environment)
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USR-1391,Howard&Veronica Cantrell, 6
10. All pesticides, fertilizer, and other potentially hazardous chemicals must be stored and
handled in a safe manner in accordance with product labeling, pursuant to Section 25-8-
205.5 Colorado Water Quality Control Act and Rules and Regulations. (Department of
Public Health and Environment)
11. The facility shall utilize the existing public water supply (Central Weld County Water
District). (Department of Public Health and Environment)
12. If applicable, the applicant shall obtain a Storm Water Discharge Permit from the Colorado
Department of Public Health and Environment,Water Quality Control Division. (Department
of Public Health and Environment)
13. Off street parking spaces including access drives shall be surfaced with gravel, asphalt,
concrete, or the equivalent, and shall be graded to prevent drainage problems.
(Department of Public Works)
14. The landscaping on site shall be maintained in accordance with the approved Landscape
Plan. (Department of Planning Services)
15. Signs shall adhere to Section 23-4-90.A and .B of the Weld County Code. (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, 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.
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.
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USR-1391, Howard&Veronica Cantrell, 7
IDEPARTMENT OF PLANNING SERVICES
C
PHONE (970)FAX (970) 304-6498
N. 17T
H AVENUE
COLORADO GREELEY, COLORADO 80631
May 7, 2002
Howard &Veronica Cantrell
11016WCR23
Ft. Lupton, CO 80621
Subject: USR-1391- Request for a Site Specific Development Plan and a Special Review Permit for a use by right,
an accessory use, or a use by special review in the commercial zone district (retail shop-selling trees,
shrubs,grain,garden decor,and jewelry)in the A(Agricultural)Zone District on a parcel of land described
as Lot A of RE-1057; Pt. of the SW4 of Section 1,T2N, R67W 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 June 18,2002,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 applicants 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 Platteville Planning Commission for their review and comments.
Please call Platteville at (970) 785-2245 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 Platteville 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,
<"L. t
Carla Angeli
Planner
EXHIBIT
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FIELD CHECK inspection date: May 23, 2002
CASE NUMBER: USR-1391
APPLICANT: Veronica and Howard Cantrell
LEGAL DESCRIPTION: Lot A of RE-1057; Pt of the SW4 of 1-2-67
LOCATION: East of and adjacent to Weld County Road 23
Zoning Land Use
N A (Agricultural) N Rural Residential, Oil and Gas tanks
E A (Agricultural) E Farmland, rural residential
S A (Agricultural) S Farmland, rural residential
W A (Agricultural) W Farmland, rural residential
COMMENTS:
Roads: Weld County Road 23 is paved, Weld County Road 24 is paved (dead ends into
property)
Structures: House, tool shed, garage, and storage shed located on the southwest
portion of the property. House and out buildings off of the oil and gas
access road in the southeast portion of the property.
Landscaping: Several trees covering the southwest portion of the property along the
driveway.
Violations: None reported on the property.
Other: Ditch located on the property.
O .
Carla Angell, Plan r
EXHIBIT
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