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Home My WebLink About20052377.tiff INVENTORY OF ITEMS FOR CONSIDERATION Applicant Hathaway Case Number USR-1518 Submitted or Prepared Prior to At Hearing Hearing 1 Staff Comments X Department of Planning Services Field Check Form X Planning Commissioner Fitzgerald Field Check Form Letter to Applicant X Affadavit of sign posting X Legal Notifications X N 2 Application X Maps X Deed/Easement Certificate X Surrounding Property/Mineral Owners X Utilities X X 3 Referral List X 4 Referrals without comment ia- Weld County Code Compliance, referral dated-5-14-2005 Town of Hudson Planning Commission, referral received 6-9-2005 Referrals with comments 5 State of Colorado, Division of Water Resources, referral received 6-10- X 2005 6 Weld County Department of Public Works, referral received 6-30-2005 X 7 Weld County Department of Public Health and Environment, referral X received 7-5-2005 I hereby certify that the Seven(7) items identified herein were submitted to the Department of Planning Services at or prior to the ;`scheduled Planning Commissioners hearing. Kim Ogle + PlaTaer) y � r TVA 1 xis a 2OO5-2377 LAND USE APPLICATION SUMMARY SHEET COLORADO Case Number: USR-1518 Hearing Date: July 19, 2005 Applicant: John and Kellie Hathaway Address: 19663 1-76 Frontage Road, Hudson, CO 80642 Request: A Site Specific Development Plan and Special Review Permit for a Use allowed by Right,an Accessory Use, or a Use by Special Review in the Commercial or Industrial Zone district,for sale of wood chips and agricultural related products [Colorado Sawdust&Sweep], in the A (Agricultural)Zone District Legal: Lot A of RE-1747; Pt SE4 of Section 20,T1 N, R65W of the 6th P.M.,Weld County,Colorado Location: North of and adjacent to CR 6; and west of and adjacent to Interstate 76 Frontage Road Size of Parcel: 4.83 +/-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 6-1-2005 • Town of Hudson Planning Commission, referral received 6-9-2005 • State of Colorado, Division of Water Resources, referral received 6-10-2005 • Weld County Department of Public Works, referral received 6-30-2005 • Weld County Department of Public Health and Environment, referral received 7-5-2005 The Department of Planning Services' staff has not received responses from the following agencies: • Colorado Department of Transportation • Adams County • Hudson Fire Protection District Town of Lochbuie USR-1518(Hathaway), Page 1 EI1HIBIT rI' 6 SPECIAL REVIEW PERMIT ADMINISTRATIVE REVIEW 11`k. COLORADO Planner: Kim Ogle Case Number: USR-1518 Hearing Date: July 19, 2005 Applicant: John and Kellie Hathaway Address: 19663 1-76 Frontage Road, Hudson, CO 80642 Request: A Site Specific Development Plan and Special Review Permit for a Use allowed by Right,an Accessory Use,or a Use by Special Review in the Commercial or Industrial Zone district,for sale of wood chips and agricultural related products [Colorado Sawdust& Sweep], in the A (Agricultural)Zone District Legal: Lot A of RE-1747; Pt SE4 of Section 20,T1 N, R65W of the 6th P.M.,Weld County,Colorado Location: North of and adjacent to CR 6; and west of and adjacent to Interstate 76 Frontage Road Size of Parcel: 4.83 +1- acres Parcel Number: 1473-20-000061 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 22-2-60 (A.Goal 4) states, "Conversion of agricultural land to nonurban residential, commercial and industrial uses will be accommodated when the subject site is in an area that can support such development. Such development shall attempt to be compatible with the region." Application materials indicate that the site can support the proposed use.Conditions of Approval and Development Standards ensure that a reasonable attempt will be made to be compatible with the region. 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 business permitted as a use by right or accessory use in the Commercial Zone District as a Use by Special Review in the Agricultural Zone District. USR-1518(Hathaway), Page 2 C. Section 23-2-220.A.3--The uses which will be permitted will be compatible with the existing surrounding land uses.The surrounding properties are large tract agricultural properties with rural residences primarily engaged in cattle, equestrian and farming related activities. The Development Standards and Conditions of Approval will ensure compatibility with adjacent properties. 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 subject property lies within the three mile referral area for Adams County and the Towns of Hudson and Lochbuie. Adams County and the Town of Lochbuie did not return a referral response and the Town of Hudson reviewed the request and found no conflicts with their interests. E. Section 23-2-220.A.5—The application complies with Section 23-5 of the Weld County Code. The existing site is not within a recognized overlay district, including the Geologic Hazard, Flood Hazard or Airport Overlay District. The existing site is within the County-wide Road Impact Fee Area. Effective January 1, 2003, Building Permits issued on the lot will be required to adhere to the fee structure of the County Road Impact Program. (Ordinance 2002-11). 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 size of the parcel accompanied with existing residential improvements does not make it conducive to agricultural practices in accordance with Section 22-2-60.1 of the Weld County Code. 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. All sheets of the plat shall be labeled USR-1518 (Department of Planning Services) B. The plat shall be amended to delineate the following: 1) The attached Development Standards. (Department of Planning Services) 2) The south side of the property is the section line between Sections 20 and 29, Township 1 North, Range 65 West. The Weld County Public Works is verifying the status of the right-of-way adjacent to the property. If right-of-way is determined,the applicant shall place the appropriate right-of-way on the plat drawing. The right-of- way or driveway adjacent to the section line shall be a graded and drained road to provide all-weather access to the property. (Department of Public Works) USR-1518(Hathaway),Page 3 3) The historical flow patterns and run-off amounts will be maintained on site in such a manner that it will reasonably preserve the natural character of the area and prevent property damage of the type generally attributed to run-off rate and velocity increases,diversions,concentration and/or unplanned ponding of storm run-off. The applicant must take into consideration storm water capture/quantity and provide accordingly for best management practices. All retention/detention basins located on site shall be delineated on the USR Plat. (Departments of Public Works, Planning Services) 4) Any approved signs, if applicable. (Department of Planning Services) 5) The right-of-way for Interstate 76 and the Frontage Road. (Department of Planning Services) 6) The plat shall be prepared in accordance with Section 23-2-260.D of the Weld County Code. (Department of Planning Services) C. The applicant shall provide written evidence of an access permit or for any additional requirements that may be needed to obtain or upgrade the existing access permit for the 1-76 Frontage Road. (Departments of Public Works, Planning Services) D. 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) E. 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) 2. 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(o�co.weld.co.us. (Department of Planning Services) 3. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder. (Department of Planning Services) 4. USR-1518(Hathaway), Page 4 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS John & Kellie Hathaway dba Colorado Sawdust and Sweep USR-1518 1. A Site Specific Development Plan and Special Review Permit for a Use allowed by Right, an Accessory Use, or a Use by Special Review in the Commercial or Industrial Zone district,for sale of wood chips and agricultural related products [Colorado Sawdust & Sweep], in the A (Agricultural) Zone District. (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. 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 & Environment) 4. 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 &Environment) 5. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance conditions. (Department of Public Health & Environment) 6. Fugitive dust and fugitive particulate emissions shall be controlled on this site. (Department of Public Health & Environment) 7. This facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone as delineated in 25-12-103 C.R.S., as amended. (Department of Public Health & Environment) 8. Adequate handwashing and toilet facilities shall be provided. The family members are allowed to use the toilet facilities in the residence. (Department of Public Health & Environment) 9. Any septic system located on the property must comply with all provisions of the Weld County Code, pertaining to Individual Sewage Disposal Systems. (Department of Public Health & Environment) 10. A permanent, adequate water supply shall be provided for drinking and sanitary purposes. (Department of Public Health & Environment) 11. If applicable, the applicant shall obtain a storm water discharge permit from the Colorado Department of Public Health & Environment, Water Quality Control Division. (Department of Public Health & Environment) 13. The operation shall comply with all applicable rules and regulations of the State and Federal agencies and the Weld County Code. (Department of Public Health & Environment) 14. The historical flow patterns and run-off amounts will be maintained on site in such a manner that will reasonably preserve the natural character of the area and not prevent property damage of the type generally attributed to run-off rate and velocity increases, diversions, concentration and /or unplanned ponding of storm run-off. (Department of Public Works) USR-1518(Hathaway),Page 5 15. The off-street parking spaces including the access drive shall be surfaced with gravel or the equivalent and shall be graded to prevent drainage problems. (Department of Public Works) 16. Effective January 1, 2003, Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County Road Impact Program. (Ordinance 2002-11) (Department of Planning Services) 17. As indicated by the application material the hours of operation will be limited to 8:30 a.m. to 5:00 p.m., Monday through Friday. (Department of Planning Services) 18. Employees are limited to two family members, as stated in the application materials. (Department of Planning Services) 19. Storage of all equipment shall be located inside the proposed building. (Department of Planning Services) 20. Should noxious weeds exist on the property or become established as a result of the proposed development the applicant/landowner shall be responsible for controlling the noxious weeds, pursuant to Chapter 15, Articles I and II of the Weld County Code. (Department of Planning Services) 21. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240, Weld County Code. 22. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250, Weld County Code. 23. Personnel from the Weld County Government 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. 24. 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. 25. 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. 26. In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005, should the plat not be recorded within the required sixty(60) days from the date of the Board of County Commissioners Resolution was signed a $50.00 recording continuance charge shall be added for each additional 3 month period. USR-1518(Hathaway),Page 6 b DEPARTMENT OF PLANNING SERVICES NORTH OFFICE 918 10THO Street 631 GREELEY, CO 80631 PHONE: (970) 353-6100, Ext. 3540 IFAX: (970) 304-6498 WI`p e SOUTHWEST4209 CR 24.5 COLORADO LONGMONT, CO 80504 PHONE: (720) 652-4210, Ext. 8730 FAX: (720) 652-4211 June 1, 2005 John & Kellie Hathaway 19663 Hwy 1-76 Hudson CO 80642 Subject: USR-1518- Request for Site Specific Development Plan and Special Review Permit for a use permitted as a Use by Right, Accessory Use or Use by Special Review in the Commercial or Industrial Zone District(Sale of wood chips and agricultural related products) in the A(Agricultural)Zone District on a parcel of land described as Lot A of RE-1747; Part of the SE4 of Section 20, TIN, R65W 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 July 19, 2005, at 1:30 p.m. This meeting will take place in the Hearing Room, Weld County Planning Department, 4209 CR 24 '/2, Longmont, Colorado. It is recommended that you and/or a representative be in attendance to answer any questions the Planning Commission members may have. 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 Hudson and Lochbuie Planning Commission for their review and comments. Please call Hudson at 303-536-9311 and Lochbuie at 303-655-9308 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 Hudson and Lochbuie 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. rrtespectful ly, Ki O• - Planner -- PLANNING COMMISSIONERS' SIGN POSTING CERTIFICATE THE LAST DAY TO POST THE SIGN IS JULY 8, 2005 THE SIGN SHALL BE POSTED ADJACENT TO AND VISIBLE FROM A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY. IN THE EVENT THE PROPERTY BEING CONSIDERED FOR A SPECIAL REVIEW IS NOT ADJACENT TO A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY, THE DEPARTMENT OF PLANNING SERVICES SHALL POST ONE SIGN IN THE MOST PROMINENT PLACE ON THE PROPERTY AND POST A SECOND SIGN AT THE POINT AT WHICH THE DRIVEWAY (ACCESS DRIVE) INTERSECTS A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY. I, KIM OGLE, HEREBY CERTIFY UNDER PENALTIES OF PERJURY THAT THE SIGN WAS POSTED ON THE PROPERTY AT LEAST TEN DAYS BEFORE THE PLANNING COMMISSIONERS HEARING FOR A SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FOR A USE ALLOWED BY RIGHT, AN ACCESSORY USE, OR A USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICT, FOR SALE OF WOOD CHIPS AND AGRICULTURAL RELATED PRODUCTS [COLORADO SAWDUST & SWEEP], IN THE A (AGRICULTURAL) ZONE DISTRICT KIM OGLE Name of Person Posting Sign Signatur: o Person Posting Sign STATE OF COLORADO ) ss. COUNTY OF WELD The foregoing instrument was subscribed and sworn to me this day of /47-1U C,_C , 2005. WITNESS my hand and official seal. )(11,1 ./ot „ otary Public My Commission Expires: L- ,'r I ' - 1 !_ toc. NOTICE Witoc v , 1 . v , r A0 , A PUBLIC HEARING CONCERNING ' s -- ' THIS PROPERTY WILL BE HELD AT: •` 4 e.4t Ce. 2 tioscC • • - _L. ., 14 _20 la AT lv l NAME • k5u.lE p'At'r1"- � {R p., � 0� tx� Pt4 94VU' t MT p• . F, ii,slbu 1 . \ � , Soli:\\\ REQUEST Fy1�'i.� KA6:7o.a rr ,' ; . t4,1„.44,, e�+ .�1, . a c ..�{ CASE N0, uSR.�51g 5+� ACRES i r -t,,. I; \ a� • ;"'` FOR MORE INFORMATION CALL t4 f .\ , ` I . -4t l` s, WELD COUNTY DEPARTMENT qF t '<< PLANNING SERVICES JT Y '" t'�t ; (970)353 6100 ext•. : ` 0 �a '` • 7 _I . 1: . ' . -iy�, ICR,T r +fir 1 M r • ri ) r • ''t}i> .F -7 F' Fri t • '" 1' -_ . ;, L -41:,- .111. 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'- yC .-. - r. r ST<y4 • 3 - iillllll IN ... . . . -- • - • • 0 . =i'4 FIELD CHECK inspection date: July 8, 2005 Case Number: USR-1518 Hearing Date: July 19, 2005 Applicant: John and Kellie Hathaway Address: 19663 1-76 Frontage Road, Hudson, CO 80642 Request: A Site Specific Development Plan and Special Review Permit for a Use allowed by Right, an Accessory Use, or a Use by Special Review in the Commercial or Industrial Zone district, for sale of wood chips and agricultural related products [Colorado Sawdust& Sweep], in the A(Agricultural)Zone District Legal: Lot A of RE-1747; Pt SE4 of Section 20, Ti N, R65W of the 6th P.M., Weld County, Colorado Location: North of and adjacent to CR 6; and west of and adjacent to Interstate 76 Frontage Road Zonina Land Use N A(Agricultural) N Agricultural / Residential - E A(Agricultural) E Interstate (I-76) and Frontage Road S A(Agricultural) S Agricultural/ Residential - W A(Agricultural) W Agricultural / Residential - COMMENTS: The property is surrounded by agricultural fields in crop production and related uses and residential structures situated on larger tracts of land. Access to property is graded to have positive drainage No visible violations were present. Kim e, Planner Hello