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Home My WebLink About20052055.tiff INVENTORY OF ITEMS FOR CONSIDERATION Applicant Alan & Carol Davis Case Number USR-1511 Submitted or Prepared Prior to At Hearing Hearing 1 Staff Comments X • Department of Planning Services Field Check Form X \' Planning Commissioner Field Check Form Letter to Applicant X • Affidavit of sign posting X • Legal Notifications X 2 Application X Maps X Deed/Easement Certificate X Surrounding Property/Mineral Owners X Utilities X N 3 Referral List X Referrals without comment X Longmont Soil Conservation District, referral received May 10,2005 X Little Thompson Water District, referral received April 14,2005 X • Town of Berthoud, referral received April 14,2005 X Town of Mead, referral received April 25,2005 X • Colorado Division of Wildlife, referral received May 26, 2005 X • 4 Referrals with comments X Weld County Zoning Compliance, referral received April 13, 2005 X Mountain View Fire Protection District, referral received April 20,2005 X Weld County Public Works, referral received April 22, 2005 X • Weld County Public Health and Environment, referral received May 9,2005 X Weld County Department of Building Inspection, referral received May 3,2005 X N 5 Surrounding Property Owners- Letters X (:1,2;d unfit, Pf% EX) 5.a Summit Real Estate&Marketing LLC—Vale View, received April 18, 2005 X 6 PC Exhibits I hereby certify that the twenty four items identified herein were submitted to the Department of Planning Services at or prior to the scheduled Board of Cou y Commissioners hearing. Jacqun atch n Planner 1` EXHIBIT u3c # 1511 2O05-2O55 ittavol 1 Wi`PC.COLORADO LAND USE APPLICATION SUMMARY SHEET Case Number: USR-1511 Hearing Date: June 21, 2005 Applicant: Alan and Carol Davis Address: 3314 County Road 36, Mead, CO 80542 Request: A Site Specific Development Plan and Special Use Permit is for a home business (storage of excavating/construction equipment) in the A (Agricultural) Zone District. Legal Description: Lot B of RE-3227; being part of NW4 of Section 10, Township 3 North, Range 68 West of the 6th P.M., Weld County, Colorado Location: South of and adjacent to County Road 36 and approximately Y mile east of County Road 7 Size of Parcel: 5 +/- 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 April 13, 2005 • Weld County Department of Public Health and Environment, referral received May 9, 2005 • Weld County Department of Public Works, referral received April 22, 2005 • Weld County Department of Building Inspection, referral received May 3, 2005 • Mountain View Fire Protection District, referral received April 20, 2005 • Longmont Soil Conservation District, referral received May 10, 2005 • Little Thompson Water District, referral received April 14, 2005 • Town of Berthoud, referral received April 14, 2005 • Town of Mead, referral received April 25, 2005 • State of Colorado Division of Wildlife, referral received May 26, 2005 USR-1511 Davis Page 1 EXHIBIT I U SPECIAL REVIEW PERMIT ADMINISTRATIVE REVIEW COLORADO Planner: Jacqueline Hatch Case Number: USR-1511 Hearing Date: June 21, 2005 Applicant: Alan and Carol Davis Address: 3314 County Road 36, Mead, CO 80542 Request: A Site Specific Development Plan and Special Use Permit is for a home business (storage of excavating/construction equipment) in the A (Agricultural) Zone District. Legal Description: Lot B of RE-3227; being part of NW4 of Section 10, Township 3 North, Range 68 West of the 6th P.M., Weld County, Colorado Location: South of and adjacent to County Road 36 and approximately 1/4 mile east of County Road 7 Size of Parcel: 5 +/- acres Parcel Number: 1207 10 200058 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 22-2-150 B.5 (I. Policy 2.5.b) states "ensure the compatibility with surrounding land use in terms of general use, building height, scale, density, traffic dust and noise." Conditions have been included through the conditions of approval and the development standards to ensure the site does not have an adverse impact on the surrounding properties. USR-1511 Davis Page 2 Section 22-2-60.D. Goal 4 —The conversion of agricultural land to non-urban residential, commercial and industrial uses will be accommodated when the subject site is in an area that can support such development. The surrounding properties are residential in nature. The applicant is proposing to utilize the home on the property to the east for restroom facilities. The home is currently utilizing an on-site septic system and the water will be provided by Little Thompson Water District. One of the conditions of approval is that the Use by Special Review boundaries be changed to include the home to the east. 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.O of the Weld County Code provides for a home business (storage of excavating/construction equipment) 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 surrounding area is primarily residential in nature. The existing landscaping and screening on site compatible with the surrounding properties and shall mitigate the impact to the neighboring properties. Vale View subdivision located directly to the north of the site did respond stating that it is supportive of this project, it is impeccably kept and the Davis family have been excellent neighbors. 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 is within the three-mile referral area for the Towns of Mead and Berthoud. Both municipalities indicated in their referrals that they do not object to the application and find 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 site does not lie within any Overlay Districts. 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) 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 U.S.D.A. Soils Maps indicate that the soils on this property are designated as "other" and "prime" farmland of Weld County. The size of the parcel does not allow for a viable farming option. 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 site is currently in violation (VI-0400159) if this Use by Special Review application is approved the property will be in compliance. If denied, all commercial equipment shall be removed from the property, otherwise, the violation case will proceed accordingly. USR-1511 Davis Page 3 The Department of Planning Services' staff recommendation for approval is conditional upon the following: 1. Prior to scheduling a Board of County Commissioners hearing: A. The applicant shall submit a detailed signage plan to the Weld County Department of Planning Services. (Department of Planning Services) 2. Prior to recording the plat: A. The applicant shall submit written evidence to the Department of Planning Services that the existing building on site has been appropriately permitted by the Department of Building Inspection. (Department of Planning Services) B. The applicant shall attempt to address the concerns/requirements of the Mountain View Fire Protection District. Written evidence shall be provided to the Department of Planning Services. (Department of Planning Services) C. The applicant shall submit a waste handling plan, for approval, to the Environmental Health Services Division of the Weld County Department of Public Health & Environment. Written evidence of approval shall be submitted to the 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 (this should include expected volumes and types of waste generated). 2. A list of the type and volume of chemicals expected to be stored on site. 3. The waste handler and facility where the waste will be disposed (including the facility name, address, and phone number). (Department of Public Health and Environment) D. The plat shall be amended to delineate the following: 1. All sheets of the plat shall be labeled USR-1511. (Department of Planning Services) 2. The plat shall meet all requirements as listed in Section 23-2-260.D of the Weld County Code. (Department of Planning Services) 3. The plat shall be amended to include the home on Lot A of RE-3227 to utilize the restroom facilities. (Department of Planning Services) 4. County Road 36 is designated on the Weld County Road Classification Plan as a local paved road, which requires 60 feet of right-of-way at full build out. There is presently 60 feet of right-of-way. A total of 30 feet from the centerline of County Road 36 shall be delineated on the plat as right-of-way. This road is maintained by Weld County. (Department of Public Works) 5. The attached Development Standards. (Department of Planning Services) E. 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-1511 Davis Page 4 3. Upon completion of 1. and 2. 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) 4. In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005, should the plat not be recorded within the required thirty (30) days from the date the Board of County Commissioners resolution a $50.00 recording continuance charge shall added for each additional 3 month period. 5. 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 maosco.weld.co.us. (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) USR-1511 Davis Page 5 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Alan & Carol Davis USR-1511 1. The Site Specific Development Plan and Special Use Permit is for a home business (storage of excavating/construction equipment) 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. No employees are to be on site as stated in the application materials. (Department of Planning Services) 4. The site shall be in compliance with Section 23-1-90 of the Weld County Code. 5. The applicant shall utilize the existing access to the site. (Department of Public Works) 6. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S., as amended) shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. (Department of Public Health and Environment) 7. 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) 8. 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 and Environment) 9. The applicant shall operate in accordance with the approved "waste handling plan". (Department of Public Health and Environment) 10. If applicable, the applicant shall comply with all provisions of the Underground and Above Ground Storage Tank Regulations (7 CCR 1101-14). (Department of Public Health and Environment) 11. If applicable, any vehicle washing area(s) shall capture all effluent and prevent discharges from the washing of vehicles in accordance with the Rules and Regulations of the Water Quality Control Commission, and the Environmental Protection Agency. (Department of Public Health and Environment) 12. Fugitive dust and fugitive particulate emissions shall be controlled on this site. (Department of Public Health and Environment) USR-1511 Davis Page 6 13. 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 and Environment) 14. Adequate toilet and handwashing facilities shall be provided. The toilet facilities located in the residence shall be utilized. (Department of Public Health and Environment) 15. 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 and Environment) 16. The facility shall utilize the existing public water supply (Little Thompson Water District). (Department of Public Health and Environment) 17. All potentially hazardous chemicals must be stored and handled in a safe manner in accordance with product labeling and in a manner that minimizes the release of hazardous air pollutants (HAP's) and volatile organic compounds (VOC's). (Department of Public Health and Environment) 18. The septic system is required to be designed by a Colorado Registered Professional Engineer according to the Weld County Individual Sewage Disposal Regulations. (Department of Public Health and Environment) 19. An individual sewage disposal system is required for the proposed future home and shall be installed according to the Weld County Individual Sewage Disposal Regulations. (Department of Public Health and Environment) 20. A building permit shall be obtained prior to the construction of any new building, addition or remodel of the existing building. (Department of Building Inspection) 21. A plan review is required for each building for which a building permit is required. Plans shall include a floor plan. Plans may be required to bear the wet stamp of a Colorado registered architect or engineer. Two complete sets of plans are required when applying for each permit. (Department of Building Inspection) 22. The building will be classified as S-2 (Storage). Bathroom facilities shall be provided within 500 feet of the structure and shall be accessible to persons with disabilities. Fire resistance of walls and openings, construction requirements, maximum building height and allowable areas will be reviewed at the plan review. Setback and offset distanced shall be determined by the Weld County Code. (Department of Building Inspection) 23. Building height shall be measure in accordance with the 2003 International Building Code for the purpose of determining the maximum building size and height for various uses and types of construction and to determine compliance with the Bulk Requirements for Chapter 23 of the Weld County Code. Building height shall be measured in accordance with Chapter 23 of the Weld County Code in order to determine compliance with offset and setback requirements. Offset and setback requirements are measured to the farthest projection from the building. (Department of Building Inspection) 24. Buildings shall conform to the requirements of the various codes adopted at the time of permit application. Currently the following has been adopted by Weld County: 2003 International Building Code: 2003 Internationals Residential Code: 2003 International Mechanical Code: 2003 USR-1511 Davis Page 7 International Plumbing Code: 2003 International Fuel Code: and the 2002 National Electrical Code and Chapter 29 of the Weld County Code. (Department of Building Inspection) • 25. 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. (Department of Public Works) 26. The concrete approaches are to be installed in the future in front of all doors and extended out 25 linear feet. (Department of Public Works) 27. Effective January 1, 2003, Building Permits issued on the lot will be required to adhere to the fee structure of the Weld County Road Impact Program. (Ordinance 2002-11) (Department of Planning Services) 28. The landscaping on site shall be maintained in accordance with the approved landscape plan. (Department of Planning Services) 29. The property owner shall allow any mineral owner the right of ingress or egress for the purposes of exploration development, completion, recompletion, re-entry, production and maintenance operations associated with existing or future operations located on these lands. (Department of Planning Services) 30. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240, Weld County Code. 31. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250, Weld County Code. 32. The operation shall comply with all applicable rules and regulations of the State and Federal agencies and the Weld County Code. 33. Personnel from 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. 34. 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. 35. 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. USR-1511 Davis Page 8 a DEPARTMENT OF PLANNING SERVICES NORTH OFFICE Pia' 918 10T" Street GREELEY, CO 80631 PHONE: (970) 353-6100, Ext. 3540 FAX: (970) 304-6498 WIIDc SOUTH 4 OFFICE 209 CR 24.5 COLORADO LONGMONT, CO 80504 PHONE: (720) 652-4210, Ext. 8730 FAX: (720)652-4211 April 12, 2005 Alan Davis 3314CR36 Mead CO 80542 Subject: USR-1511- Request for A Site Specific Development Plan and a Special Review Permit for a home business (storage of excavating/construction equipment) in the A (Agricultural) Zone District on a parcel of land described as Lot B of RE-3227; Pt NW4 of Section 10, T3N, R68W 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 June 21, 2005, at 1:30 p.m. This meeting will take place in the Hearing Room, Weld County Planning Department, 4209 CR 24 ''/a, 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 .evised 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 Berthoud and Mead Planning Commission for their review and comments. Please call Berthoud at 970-532-2643 and Mead at 970-535-4477 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 Berthoud and Mead 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, Jacqu ine Hatc Plann r -- PLANNING COMMISSIONERS' SIGN POSTING CERTIFICATE THE LAST DAY TO POST THE SIGN IS L 1 I I kr 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, Jacqueline Hatch, HEREBY CERTIFY UNDER PENALTIES OF PERJURY THAT THE SIGN WAS POSTED ON THE PROPERTY AT LEAST/FIrTCEN DAYS BEFORE THE PLANNING COMMISSIONERS HEARING FOR 52 - I CI 1 IN THE A (AGRICULTURAL) ZONE DISTRICT. Name of Person Posting Sign —Voneen Macklin Signature of Person Posting Sign STATE OF COLORADO ) ) ss. COUNTY OF WELD ) / The foregoing instrument was subscribed and sworn to me this 13 day of\JLUL J , 2005. WITNESS my hand and official seal. tThLuifl 1 1(Citiu BILLIE J. MOORE Notary Public ;) NOTARY PUBLIC / STATE OF COLORADO [�J My Commission Expires: 1 )40'/ ...eigt• . ______ ,;_i____Le.......L.LA_________ . i - '. -. wine NOTICE In • _ r ' �;s � ' ,t� ti 1h*- ---"' . + 1 A PUBLIC NEARING CONCERNING _ = - L--.ail's' ,. ;te--smodhigr < 1:4.--4, THIS PROPERTY HILL 8E HELD AT ;_ :. "� . ,,^ 5 Y^- . 4 - y ir' „_.- � 07_ :o _ AT — a A-C. . • +il- �t ,i''i".•i^ 1 ...--4('÷_ CAS[ liD • ' ' nob '' - - - r . *� ''�_. - '.".it- '' .1 FOR MORE INFORMATION CALL .. - . .•• - - �.; WELD COUNTY DEPARTMENT OF . ." 171.1“- '._ . _ PLANNING SERVICES AT .it-t.:-.-yt` _ 1910)353 6100 ell 3540 i Via^ • - -a - ' • f r ~_ t`. 3' I ,,. .rte a Vii' ` << k - y � A - �! �. . it ,p / I. I V ; . I V ; ,, \� , ,}.. 0, , 4. I I . , ' ` Jr.• '' J! + ` r , ' '�°� + ' ' ar ' rAt�� g_tl . �'!; .w:.. �.` k ."` :nom • — r - _ �""�ca 'mt*asa =tea tan-�ac-aa ry_ • • -7✓� 'pr a y� - ✓J L� . nom- �,. >.-' tar.:.. .. . • '.• .. .. • / - / . . ti • - • 5 • • ' S. It fist- ��. aQ•. . �. '_,1;�_ • Sc. ,_. .. •" e.�a., mss '`" . FIELD CHECK Inspection Date: 5/5/05 APPLICANT: Alan and Carol Davis CASE# : USR-1511 REQUEST: A Site Specific Development Plan and a Special Review Permit for home business (storage of excavating/construction equipment) in the A(Agricultural)Zone District. LEGAL: Lot B RE-3227 pt of NW4 of Section 10,T3N, R68W of the 6th P.M.,Weld County, CO. LOCATION: Approximately 1/4 mile east of CR 7 and south of and adjacent to CR 36. PARCEL ID#: 1207 10 200058 ACRES: 5+/-acres Zoning Land Use N Town of Mead N Town of Mead E A (Agricultural) E A (Agricultural) S A (Agricultural) S A (Agricultural) W A (Agricultural) W A (Agricultural) COMMENTS: Large garage on site with drivable surfaced area surrounding the building Single family homes surround the site Pine trees planted along CR 36 Site is clean Vale View subdivision is located across CR 36 to the north \---\ Jacqueline Hah Planner Hello