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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 � h.— 1��i.a S� X 7 X Z> 21 Letter from Alliance Development Services regarding the septic X —7 )( A r"-^ system 22 g EXHIBIT 2002-1698 UStc #1391 23 24 25 26 27 28 29 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 r 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) r 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. r 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. 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X-! .7 t:.r. , '] Name: MVC-017S.JPG Dimensions: 640 x 480 pixels , / /_ CLf�� 1l ..Go 1 f3^` it# } i "a • yt. • a ... rok+ b�G „y, • } • k 'tt�i t t-^bF �� tkt{�(,• rr t � 4 iIx i t it'x#�x w �+.. y ;: s. . `3 t irit �� lI•ttit`�c� .I m -' q c u� y �g g, a wi P tt itr' R s itiI 3 t` �r;I'i 1/4 F rol:'� t kd 4tzA j J $ aRX+ Y try et `- ffi5 _y- `wig ` • Name: MVC-018S.JPG Dimensions: 640 x 480 pixels 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 13 ��� 110,6, CK2 3 Hello