The URL can be used to link to this page

Browse Search

Home My WebLink About20043130.tiff • SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW (USR) APPLICATION FOR PLANNING DEPARTMENT USE DATE RECEIVED: RECEIPT#/AMOUNT# 1$ CASE#ASSIGNED: APPLICATION RECEIVED BY PLANNER ASSIGNED: Parcel Number © ® © 0 0- 0_[I ❑0 _© ❑ (12 digit number-found on Tax I.D. information,obtainable at the Weld County Assessor's Office,or www.co.weld.co.us). Legal Description _5 ,- , a f/„ A ce/ /'ç ' , Section /3 , Township 01 North, Range tBWest /,927 Flood Plain: Zone District: A' , Total Acreage: 7/le, 7.C Overlay District: Geological Hazard: FEE OWNER(S) OF THE PROPERTY: Name: .S.t.nLtalff ts- GyhIli L. Gild/� Work Phone#313-776 . 5 713 Hofne Phone# Email Address Address: if pc y A/, 7.-rfA Jf. a D. @car / 7 / City/State/Zip Code /-/t,1 i n c_ Uv sc a.c 3 3 Name: Work Phone# Home Phone# Email Address Address: , -.City/State/Zip Code Name: Work Phone# Home Phone# Email Address Address: City/State/Zip Code APPLICANT OR AUTHORIZED AGENT (See Below Authorization must accompany applications signed by Authorized Agent) Name: 4,./94.2) cai s a /16.4175 6y f1/4,/dre/, ,4Jc ear< Work Phone#3AB-772- ?.�.,.�HomePhone-#;e -774-'3/V7 Email Address -Ycyc f /c a/ Address: tae 3i, p er - 5t* City/State/Zip Code i--..7-7,440-7,z; G G E C t / PROPOSED USE: p4j,Ee-„fc./61 tar kze/..n1-iK(/-f.x. Leaell r Airy L. eeliS.e-re- AterAd-ria Z I (We)hereby depose and state under penalties of perjury that all statements, proposals,and/or pl EXHIBIT or contained within the application are true and correct to the best of my(our)knowledge. Signatur: of property must sign this application. If an Authorized Agent signs,a letter of authorization from be included with the application. If a corporation is the fee owner, notarized evidence must be inclu the signatory has to legal authority to sign for the corporation. i/(77.; G X6'1/ ,� _ y/r/oy Signature: Owner or Authorized Agent a e Signature: Owner or Authorized Agent Date 2004-3130 -5- LEGAL DESCRIPTION. ORT'oN O A RECORDED; EXEMPTION II--1 THE NORTHEAST .)NE . ' PT -. ECIIONN 13, TOWNSHIP ='. NORTH RANGE 68 WEST OF THE t TH .:vI ':'C' Ii' . WELD STATE OF r: 71_0RADr.. PEN( MORE P.ARTRCULARL" JES . i3E-. .A FOLLOWS- BEGINNING AT THE NORTHEAST CORNER OF SAID SECTION , THENCE SOUTH ALONG THE EAST LINE OF SAID SECTION ., 5 A DISTANCE OF 460.00 FEET; THENCE NORTH .38'25'574WEST A DISTANCE OF 587.22 FEET, MORE OR LESS, TO THE NORTH LINE OF SAID SECTION 13; THENCE EAST ALONG SAID NORTH LINE DISTANCE OF 365.00 FEET, MORE OR LESS, TO THE NORTHEU.ST" CORNER OF SAID SECTION 13 AND THE TRUE POINT OF BEGINNING, CONTAINING 1 .927 ACRES, MORE OR LESS. FOR COMMERCIAL SITES, PLEASE COMPLETE THE FOLLOWING INFORMATION ^BUSINESS EMERGENCY INFORMATION: Business Name: ,salt 's 4..243ttd/ 5,47,4,,@s Phone: (7710- €76/-(747/ Address: ..4/, -u tile-ye - `/j City,ST,Zip: �Ait 7Sa14 612 gOS`3 9' Business Owner: ,.,5:4.,.....2 at-I AT', L /a,,. X Phone: 3e3- 776 s74 3 Home Address: p, I), ,Qnx / 1/ City,ST,Zip: /4S,„7,:t.41.‘„ GU 9,5".3 3 List three persons in the order to be called in the event of an emergency: NAME TITLE ADDRESS PHONE 3057_/T1-‘71. S�-or tie_ / C��-a-,2./,\ U M"7e X 4, /(7/ i/-A /e,t Z52.-495-�_? A7 U�.-r j� - ��,,,E,y- - T Ay -y.2rs-s., Yiy /,/.j lc`G' �C(S/9(�,c a CV r?7c- 6YL r`-- - /7 03 !J 2*--S^r6 Y Business Hours: K— /; 4, / /iir,,.�TDays: �y/.,� 14,,, ±, ,,..// Type of Alarm: No.- Burglar Holdup Fire Silent Audible Name and address of Alarm Company: Location of Safe: MISCELLANEOUS INFORMATION: / I" Number of entry/exit doors in this building: 2, Location(s): 561214 s;die 8-414 •41‘,1r artc/e Is alcohol stored in building? /!O Location(s): Are drugs stored in building? 46 Location(s): Are weapons stored in building? pQ Location(s): The following programs are offered as a public service of the Weld County Sheriffs Office. Please indicate the programs of interest. Physical Security Check Crime Prevention Presentation UTILITY SHUT OFF LOCATIONS: Main Electrical: /7 f 62/7. ! P Gas Shut Off: 'I/1a 7 ei-� 11 ),)Exterior Water Shutoff: AL 672C--- ..„_., InteriorWaterShutoff: /Uo-! -11- LANDconsultants Land use • Analysis • Negotiation • Development * * * MEMORANDUM * * * TO: Weld County Department of Planning Services FROM: fi Michael B. McDonough, AICP , DATE: April 8, 2004 SUBJ: Clark Farm Use By Special Review - Site Specific Development Plan and Use By Special Review Questionnaire Responses The questions are stated as they appear on the questionnaire and our responses are in italics. 1. Explain, in detail, the proposed use of the property. The larger overall ownership is a pivot- irrigated farm. As Weld County has seen many times before, the area not irrigated by the pivot is in the corners of the property. It is the intent to annex the overall property to Johnstown with this corner being proposed for Neighborhood Commercial use. With it's location at the intersection of two future arterial streets, such a use makes good planning sense. As a temporary use, the property is proposed to be used for landscape materials sales including, rock, masonry stones, soil amendments, mulch and recycled tree limbs. This use is thought to be a creative use of the property on a temporary basis to enable the property to generate income while the annexation process can take place. It is estimated that annexation of the property might take up to a year. 2. Explain how this proposal is consistent with the intent of Weld County Code, Chapter 22 ( Comprehensive Plan). 3. Explain how this is consistent with the intent of Weld County Code, Chapter 23 (Zoning) and the zone district in which it is located. 4. What type of uses surround the site? Explain how the proposed use is consistent and compatible with surrounding land uses. The surrounding uses are all agricultural. This use is compatible with surrounding uses in that is very close to an agricultural use and the neighbors are not in opposition. 5. Describe, in detail, the following: a. How many people will use this site? We anticipate 40 to 50 customers a week and anticipate the need for one employee. b. How many employees re proposed to be employed at this site? One. c. What are the hours of operation? From 9:00 a.m. to 6:00 p.m. d. What type and how many structures will be erected (built) on this site? None. A temporary construction-type modular office will be brought in on wheels and secured against the wind and other elements. 436 Pratt Street • Longmont. Colorado 80501 • 303-776-3147 e. What type and how many animals, if any, will be on this site? None. f. What kind (type, size, weight) of vehicles will access this site and how often? We anticipate the use of a forklift to move palates of rock will be in use on a regular basis weighing approximately two tons. We also anticipate that up to a two and one half ton truck may be used by customers to move heavy loads approximately twenty times per week. g. Who will provide fire protection to this site? Given mutual assistance agreements, we anticipate that any fire would bring a response from the Johnstown Fire Protection District. h. What is the water source on the property? Potable water for the use of the employee and customers is being brought in by the owner. The perimeter landscaping will be irrigated by tank truck. i. What is the sewage disposal system on the property? The owner has contracted with a ports potty company to provide continuous service to the property for the duration of the use. j. If storage or warehousing are proposed, what type of item will be stored? We believe there is a difference between outdoor storage and outdoor display of merchandise. We propose outdoor display of a limited amount of landscape materials that will shift over time as they are sold. 6. Explain the proposed landscaping for the site. The landscaping shall be separately submitted as a -- landscape plan map as part of the application. As you know, the Town of Johnstown has specific requirements for arterial street landscaping. With the annexation and development of the property under Johnstown's jurisdiction, we propose to install landscaping that will coincide with Johnstown's requirements. On a temporary basis, a four wire barbwire,fence has been installed. Given the temporary nature of the proposed use and Johnstown's landscape requirements, we propose to plant street trees— 1 % to 2 inch caliper seedless ash, shademaster honeylocusts, and Austrian pines- in the area where they will be on private property now but will be in dedicated right-of-way once the property is annexed to Johnstown. 7. Explain any proposed reclamation procedures when termination of the Use by Special Review activity occurs. We anticipate that the landscape materials and the temporary modular unit would be removed as would the split rail fence. The site will be prepared for development as a neighborhood commercial shopping center. 8. Explain how storm drainage will be handled on the site. Since no additional impervious area will be created by this proposed use on the site, we anticipate that the storm drainage will be handled as it has been historically. 9. Explain how long it will take to construct this site and when construction and landscaping is scheduled to begin. Only the landscaping remains to be completed 10. Explain where storage and/or stockpile of wastes will occur on this site. None is anticipated. The only waste we anticipate is offering a recycle service for tree branches and reselling it for mulch. LANDD consultants Land use • Analysis • Negotiation • Development * * * MEMORANDUM * * * TO: Weld County Department of Planning Services FROM: Michael B. McDonough, AICP DATE: April 8, 2004 SUBJ: Clark Farm Use By Special Review—Compliance with Design Standards and Operation Standards Compliance with Design Standards per Section 23-2-240 Weld County Land Use Code According to Weld County regulations, section 23-2-240 Design Standards, an applicant for an USR must demonstrate compliance with the design standards stated therein. Accordingly, we have set forth our approach to compliance with the various aspects in the order in which each appears in the regulation. 1. An adequate water supply is available from Little Thompson Water District via a 6" line in the north side of WCR 46. Also, the existing residences are served by Little Thompson in quality, quantity and dependability capable of serving the intended use. 2. The site is currently served by septic systems and the proposed use is served by a porta-potty with the existing residences serving as a back up. 3. According to the USDA Soil Conservation Service, Weld County, Colorado, Southern Part, the soils which are Nunn clay loam present no limitation to the proposed use. 4. All improvements on the site will comply with the requirements of the Johnstown Fire Protection District. 5. Uses shall comply with state statutes in that water generated by any non impervious surface must be retained on site and released at an historic rate. No impervious surfaces are to be created by this use. 6. MI needs for parking and vehicular storage shall be met on site and shall be located completely on private property. Provision shall be made in an adequate parking area for the parking needs of employees, company vehicles and customers. 7. The proposed use shall comply with all setback and offset requirements of the zone district. 8. The accesses have been designed in accordance with Weld County requirements regarding safety. The temporary use of the site as proposed is a very low generator of traffic. Once the property is developed to its intended permanent use, WCR's 46 and 13 will be paved to the standards of the Town 436 Pratt Street • Longmont, Colorado 80501 • 303-776-3147 of Johnstown. At that time, the Town's regulations for access points and accel-decel lanes will come into effect. 9. The access points to WCR 46 being temporary in nature, have been designed in accordance with the standards set forth in this section of 22-2-240. 10. Given that the adjacent uses are agricultural, no buffering or screening is anticipated. Once the property is annexed to Johnstown, the Town's landscape regulations will dictate the extensive arterial street landscaping for the rights-of-way for both WCR 46 and 13. 11. This property is irrigated by a radial irrigation system otherwise known as a pivot. Since the property is relatively square, the corners of the property are not irrigated and thus not planted. In order to generate some income from the triangular corner in the short term, the applicant is proposing the temporary use of the property as a landscape materials yard. In the future, it is the intent to develop this portion of the overall property as neighborhood commercial in which case this use could be assimilated or eliminated. Compliance With Operation Standards Per Section 23-2-250 Weld County Land Use Code According to Weld County regulations, section 23-2-250 Operation Standards, an applicant for an USR must demonstrate compliance with the operation standards stated therein. Accordingly, we have set forth our approach to compliance with the various aspects in the order in which each appears in the regulation. A. The operation of the proposed use complies with noise standards of C.R.S 25-12-101. B. The operation complies with all air quality regulations of the Colorado Air Quality Control Commission. C. The operation complies with all water quality regulations of the Colorado Water Quality Control Commission. D. All on site lighting shall be shielded with cut-off to prevent off-site glare both outward and upward. The result will be that no nuisance will be created nor shall there be any interference with the use of the adjacent property. Such lighting will also cause no traffic hazard and no colored, flashing or moving lights will be employed on this site. E. The proposed use will emit no change in temperature in either direction. F. The property shall be well maintained such that no weeds or grasses shall be allowed to grow to a height greater than 12 inches. LAND consultants Land use • Analysis • Negotiation • Development * * * MEMORANDUM * * * TO: Weld County Department of Planning ServicesFROM: Michael B. McDonough, AICP /4 AY DATE: April 8, 2004 SUBJ: Clark Farm Use By Special Review—Weld County Code Section 23-2-260 - Application Requirements The purpose of the application is to give the petitioner an opportunity to demonstrate through written and graphic information how the proposal complies with the standards of Chapter 23. Certain statements are required to be submitted by Section 23-2-260 and those are set forth below in italics. 1. Consistency with Chapter 22 of the Weld County Land Use Code—the Comprehensive Plan. A.Policy 1.3 states: "Allow commercial and industrial uses which are directly related to, or dependent upon agriculture, to locate in the A(Agricultural) Zone District when the impact to surrounding properties is minimal, and where adequate services and infrastructure are currently available or reasonable obtainable. Agricultural businesses and industries will be encouraged to locate in areas that minimize the removal of agricultural land from production..." Although the proposed use may be described as being more closely related to a horticultural use, it invariably is located in an agricultural zone but not other zones. Given up-to-date irrigation practices, many properties which are irrigated by pivots find that the corners of their square or rectangular properties do not lend themselves well to crop production. We're sure that Weld County decision makers have seen many of these hard to irrigate corners come through the planning process. It makes sense for a land owner to try to use these corners to be a source of revenue generation. Putting such corners into some type of production makes quite a bit of sense. It also helps to achieve this Comprehensive Plan policy of preserving the most productive farm ground in production. The impact to surrounding properties is minimal and adequate infrastructure is available. Goal 4 states that: "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. Such development shall attempt to be compatible with the region. The goal is intended to address conversion of agricultural land to non-urban uses..." It would be difficult to describe the proposed use as an urban use due to its bulk material and open orientation. It would not fit in an urban area. The site can and does support such development since it demands very little in the way of services and is not a problem for surrounding residents and farms. 2. Consistency with the intent of the district in which the use is located. The intent in establishing an Agricultural district is stated as follows: "Agriculture in the County is considered a valuable resource which must be protected from adverse impacts resulting from the uncontrolled and undirected business, industrial and residential land uses. The A (Agricultural) Zone District is established to 436 Pratt Street • Longmont, Colorado 80501 • 303-776-3147 maintain and promote agriculture as an essential feature of the County. The A(Agricultural)Zone District is intended to provide areas for the conduct of agricultural activities and activities related to agricultural production without the interference of other, incompatible uses. The A(Agricultural) Zone District is also intended to provide areas for the conduct of uses by Special Review which have been determined to be more intense or to have a potentially greater impact than uses Allowed by Right. The A(Agricultural) Zone District regulations are established to promote the health, safety and general welfare of the present and future residents of the County." Clearly, agriculture is an important activity in Weld County which deserves protection from adverse impacts. The zoning regulations recognize that there are uses thought to be allowed by right and that there are certain other uses which are capable of being compatible with adjacent agricultural uses through a process of review and approval. The Uses by Special Review is that process and the proposed use fits into that category. Under Section 23-3-40 Uses by special review, the code sets forth numerous uses in this category. "Uses similar to the uses listed above as Uses by Special Review as long as the use complies with the general intent of the A(Agricultural)Zone District." The proposed use is agricultural(horticultural) in nature and will not have any adverse impact on the surrounding uses. The purpose and intent of the zone are thus supported. 3. The uses permitted will be compatible with the existing surrounding uses. Given that the proposed use - landscape material sale yard -fits better in to the agricultural land use than any other land use, it is thought to be compatible with the surrounding agricultural uses. To our knowledge, the only complaint that has been lodged against this use is that of a disgruntled former employee. None of the adjacent property owners have concerns. 4. Permitted uses will be compatible with the future development of the surrounding area. The proposed use is temporary in nature and we would be willing to specify a limited duration for the use. The Johnstown Area Comprehensive Plan shows the surrounding properties being developed in residential land uses with WCR 13 and 46 as arterial streets. We hope to enter the annexation process with Johnstown soon and will apply for a mixed use planned unit development including estate residential, medium density residential and neighborhood commercial. The neighborhood commercial land use will be proposed for 12 acres on the northeast corner of this property including this property. At the time a commercial development is secured or when the development of the residential portion of the property proceeds, this use will be eliminated. The use is compatible with the existing uses but it will not be compatible with the future uses. We propose to solve this dilemma through limiting the duration of the proposed use with a trigger mechanism such as any urban development within 500 feet. 5. Compliance with the requirements of any overlay district this property in located within. To our knowledge, this property is not located within any overlay district. 6. Demonstrate a diligent effort to conserve prime agricultural land. As noted elsewhere, irrigation technology is such that square and rectangular properties are being irrigated by circular pivots. Although this is a best practice in efficient utilization of water resources, it has created "left over" parcels of non-irrigated land on the corners of farms. If one describes prime agricultural land as that • which is or can be irrigated, this owner has found a way to make the non-irrigated land useable and capable of generating income. 7. Adequate provision for the protection of the health, safety and welfare of the inhabitants of the neighborhood and the County. The assurances given through this Use By Special Review process are intended to be conditions of approval including requirements for the design and operation of the proposed use. Compliance with these requirements is designed to ensure that the health, safety and welfare will be protected. These assurances include compliance with fire district regulations, adequate provision of water and sanitary sewer, safe vehicular ingress and egress, compliance with setback and parking requirements, duration limitations to ensure compatible with future uses. Cleary the health, safety and welfare of all inhabitants is assured. 8. Signatures of the applicant and the fee owner or their authorized legal agent. This is included in the application form. 9. Certified list of surface owners within 500 feet. Supplied by First American Heritage Title Company and submitted with the application. 10. Affidavit listing all mineral rights owners on or under the property. We have a copy of the division order and are working with Duke Energy and Kerr-McGee to obtain mailing addresses. Since this information will not be needed until 10 days before the Planning Comission meeting, we ask for a slight dispensation in gathering this information. 11. Sign posted. We understand that the Department of Planning Services posts the sign. 12. Weld County Treasurer's certificate showing no delinquent property taxes. Supplied. 13. Agreement with ditch company. There are no ditches on this property. 14. Agreement with the mineral owners stating that oil and gas activities have been adequately incorporated into the design of the site. There are existing agreements between the mineral rights owners and the lesees in place which are adequate. Since this use establishes no permanent structures affixed to the ground, there is no interference with oil and gas activities and an agreement would have no effect. Hello