HomeMy WebLinkAbout20043128.tiff INVENTORY OF ITEMS FOR CONSIDERATION
Applicant Samuel H. & Cynthia L. Clark Case Number USR-1475
Submitted or Prepared
Prior to At
Hearing Hearing
1 Staff Comments X
Violation Notice/Resolution
Continuance requests
Department of Planning Services Field Check Form
Letter to Applicant
Affidavit and photograph of sign posting
Legal Notifications
2 Application X
Maps
Deed/ Easement Certificate/Certificate of Conveyance
Surrounding Property/Mineral Owners
Utilities
Soil Survey
3 Referral List X
Referrals without comment
Town of Berthoud, referral received 4/23/2004
4 Referrals with comments X
Weld County Department of Public Works, referral received 5/5/2004
Weld County Zoning Compliance, referral received 4/20/2004
Weld County Department of Public Health and Environment, referral received
5/25/2004
Weld County Department of Building Inspection, referral received 5/27/2004
Weld County Sheriff's Office, referral received 5/7/2004
Town of Johnstown, referral received 7/21/2004
6 Planning Commission Resolution
I hereby certify that the 5 items identified herein were submitted to the Department of Planning Services at or prior to the
Jfscheduled Planning Commissioners hearing.
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Sheri Lockman❖ Planner II
EXHIpR
2004-3128 .y
ND USE WIID�. LA APPLICATION
SUMMARY SH ET
COLORADO
Case Number: USR-1475 Hearing Date: October 19, 2004
Applicant: Samuel H. & Cynthia L. Clark
Address: 11809 N. 75'" Street
P.O. Box 171
Hygiene, CO 80533
Request: A Site Specific Development Plan and a Special Review Permit for a use permitted as a
use by right or accessory use in the Commercial or Industrial Zone District (Landscaping
Materials Yard) in the A(Agricultural)Zone District.
Legal Part of Lot B RE-1917, being part of the NE4 Section 13, Township 4 North, Range 68
Description: West of the 6'" P.M., Weld County, Colorado
Location: South of and adjacent to County Road 46 and west of and adjacent to County Road 13
Parcel ID#: 1061 13 100024 Use by Special Review Area: 1.927 +/- 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 Department of Public Health and Environment, referral received 5/25/2004
• Weld County Zoning Compliance, referral received 4/20/2004
• Weld County Department of Public Works, referral received 5/5/2004
• Town of Berthoud, referral received 4/23/2004
• Weld County Department of Building Inspection, referral received 5/27/2004
• Town of Johnstown, referral received 7/21/2004
• Weld County Sheriff's Office, referral received 5/7/2004
The Department of Planning Services' staff has not received responses from the following agencies:
• Big Thompson Soil Conservation District
• Johnstown Fire Protection District
• Colorado Division of Wildlife
r-,
USR-1475 Clark 1 EXHIBIT
I
ite/ a SPECIAL REVIEW PERMIT
�' ADMINISTRATIVE REVIEW y 114 11`k.
COLORADO
Planner: S Lockman
Case Number: USR-1475 Hearing Date: July 20, 2004
Applicant: Samuel H. & Cynthia L. Clark
Address: 11809 N. 75th Street
P.O. Box 171
Hygiene, CO 80533
Request: A Site Specific Development Plan and a Special Review Permit for a use permitted as a
use by right or accessory use in the Commercial or Industrial Zone District (Landscaping
Materials Yard) in the A(Agricultural)Zone District.
Legal Part of Lot B RE-1917, being part of the NE4 Section 13, Township 4 North, Range 68
Description: West of the 6th P.M., Weld County, Colorado
r
Location: South of and adjacent to County Road 46 and west of and adjacent to County Road 13
Parcel ID#: 1061 13 100024 Use by Special Review Area: 1.927 +/- acres
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.1 (C.Goal 2) states "ensure the
compatibility of commercial land uses with adjacent land uses."Conditions have been included
to ensure the site does not have an adverse impact on the surrounding properties.
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 Use Permitted as a Use by
Right, an Accessory Use, or a Use by Special Review in the Commercial or Industrial 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. At this time agricultural properties lie directly adjacent to the site on all
sides.
USR-1475 Clark 2
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 for the Towns of Johnstown and Berthoud. The Town of
Berthoud indicated no conflicts with their interests in a referral response dated April 21, 2004.
The Town of Johnstown indicated that should the property be annexed,the Town would want the
use removed or converted to a more urban-type retail commercial facility, compatible with the
anticipated residential development nearby.
E. Section 23-2-220.A.5--The site does not lie within any Overlay Districts.
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 location and small area
retained for the use should not limit the agricultural value of the larger parcel.
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 the Board of County Commissioners hearing:
A. The applicant has not delineated any on-site sign(s). If applicable, and an on-site sign(s) is
desired,the applicant shall submit a sign plan to the Department of Planning Services. If no sign
plan is submitted the site shall adhere to Section 23-4-90.A and .B of the Weld County Code
which states one identification sign per principal use shall be allowed,provided that the sign does
not exceed sixteen (16)square feet in area per face. (Department of Planning Services)
2. Prior to recording the plat:
A. All pages of the plat shall be labeled USR-1475. (Department of Planning Services)
B. The Use by Special Review Plat shall be prepared in accordance with Section 23-2-260.D of the
Weld County Code. The plat should identify the additional shed, scale house, gas tanks,
approved signs,water supply,restroom facilities,stockpile areas,customer parking,and loading
zones. (Departments of Planning Services and Public Works)
C. The applicant shall submit a dust abatement plan for review and approval,to the Environmental
Health Services,Weld County Department of Public Health& Environment. Evidence of Health
Services approval shall be submitted to the Department of Planning Services. (Department of
Public Health and Environment)
USR-1475 Clark 3
D. 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. Evidence of
Health Services 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)
E. The applicant shall submit building permits for all structures currently on the site including signs.
If necessary, structures shall be relocated to meet the setback requirements. In accordance to
Chapter 23, Article III, Section 23-3-50 of the Weld County Code, the required setback is
measured from the future right-of-way line. (Departments of Planning Services Public Works and
Building Inspection)
F. All signs not approved shall be removed. (Department of Planning Services)
G. The applicant shall contact Dave Tuttle with the Weld County Sheriff's office to discuss the
program entitled Crime Prevention Through Environmental Design. The program reduces the
likelihood of criminal activity on the site. (Sheriff's Office)
H. The plat shall be amended to comply with the following Commercial District Performance
Standards as indicated in Section 23-3-250 of the Weld County Code.
1) Section 23-3-250.A.1 -Stormwater Management.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. If located on the site, the plat shall indicate the drainage area.
(Departments of Planning Services and Public Works)
2) Section 23-3-250.A.2—Parking. Sufficient screened,off-street,paved parking areas shall
be provided to meet the requirements of employees, company vehicles, visitors and
customers. Appendix 23-A describes the design requirements for parking spaces and
Appendix 23-B delineates the number of parking spaces required by use for this property.
The parking shall be figured in accordance to the required parking for retail sales and
service based on the size of the sales yard. The plat shall indicate the appropriate parking
spaces. The site shall also meet ADA parking requirements. (Department of Planning
Services)
3) Section 23-3-250.A.3-Street Access. Lots shall have safe access to an approved public
or private street. The design designation of any street or highway as to type shall be in
conformance with that shown on the county thoroughfare plan and/or the master plan of
the affected municipality.The applicant has identified two access points to the facility. The
eastern most access adjacent to the corner does not meet the 150-foot distance for
commercial type use from the intersection. This access shall be closed. Evidence of
closure shall be submitted to the Department of Planning Services. (Department of
Planning Services)
USR-1475 Clark 4
4) Section 23-3-250.A.4—Required Yards-Setback.County Roads13 and 46 are designated
on the Weld County Road Classification Plan as arterial status roads, which require 140
feet of right-of-way at full build out. There is presently 60 feet of right-of-way.A total of 70
feet from the centerline of County Roads 13 and 46 shall be delineated right-of-way
reservation on the plat. County Roads 13 and 46 are maintained by Weld County.
Off-street parking areas may be permitted in the required setback area when the area is
screened from direct view of persons on the public rights-of-way. Fences over six(6)feet
in height are not required to comply with the minimum setback and may be located on the
property line. Fences located on corner lots abutting public right-of-way shall not obstruct
the view of vehicular traffic at an intersection. (Departments of Public Works and Planning
Services)
5) Section 23-3-250.A.6—Areas used for trash collection shall be screened from public rights-
of-way and all adjacent properties. These areas shall be designed and used in a manner
that will prevent wind- or animal-scattered trash. The plat shall delineate the screened
enclosure as outlined in this Section of the Code. (Department of Planning Services)
6) Section 23-3-250.A.7 —Water Supply. Uses shall have an adequate source of potable
water.The applicant shall provide current evidence that the facility has an adequate water
supply (i.e., well or community water system). (Department of Public Health and
Environment) .
7) Section 23-3-250.A.8 - Sewage Disposal. Uses shall have adequate sewage disposal
facilities.An individual sewage disposal system is required for the existing modular office
and shall be installed according to the Weld County Individual Sewage Disposal
Regulations. 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)
8) Section 23-3-250.A.9 — Outside Storage. Outdoor storage of vehicles, equipment or
materials when permitted shall be screened from public rights-of-way and all adjacent
properties. The applicant shall submit a landscape/screening plan to the Department of
Planning Services for review and approval. (Department of Planning Services)
I. The applicant shall complete all proposed improvements including those regarding landscaping,
screening, access improvements and parking lot requirements or enter into an Improvements
Agreement according to policy regarding collateral for improvements (access drive, parking
areas, plant materials,fencing, screening, etcetera)and post adequate collateral for all required
materials. The agreement and form of collateral shall be reviewed by County Staff and accepted
by the Board of County Commissioners prior to recording the USR plat. (Department of Planning
Services)
J. The plat shall be amended to delineate the following:
1) The attached Development Standards. (Department of Planning Services)
2) The approved Landscape/Screening Plan. (Department of Planning Services)
J. 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-1475 Clark 5
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. 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 mapsco.weld.co.us. (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-1475 Clark 6
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
SAMUEL CLARK
USR-1475
1. The Site Specific Development Plan and Special Use Permit is for a Use Permitted as a use by right
or accessory use in the Commercial or Industrial Zone District (Landscaping Materials Yard) 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 Special Use Permit shall not be transferable to any successors in interest to the prescribed property
and shall terminate automatically upon conveyance or lease of the property to others for operation of
the facility. (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., 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)the facility.
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,fugitive
particulate emissions, blowing debris, and other potential nuisance conditions. (Department of Public
Health and Environment)
7. The applicant shall operate in accordance with the approved "waste handling plan". (Department of
Public Health and Environment)
8. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The facility shall be
operated in accordance with the approved dust abatement plan at all times. (Department of Public
Health and Environment)
9. 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)
10. Adequate handwashing and toilet facilities shall be provided for employees and patrons of the facility.
(Department of Public Health and Environment)
11. 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)
12. A permanent,adequate water supply shall be provided for drinking and sanitary purposes. (Department
of Public Health and Environment)
13. If applicable,the applicant shall obtain a stormwater discharge permit from the Colorado Department
of Public Health & Environment, Water Quality Control Division. (Department of Public Health and
Environment)
USR-1475 Clark 7
14. 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 and Environment)
15. Effective January 1, 2003, Building Permits issued on the site will be required to adhere to the fee
structure of the County Road Impact Program.(Ordinance 2002-11)(Department of Planning Services)
16. The off-street parking including the access drive shall be surfaced with gravel,asphalt,concrete or the
equivalent and shall be graded to prevent drainage problems. Off-street loading spaces shall have
adequate compaction for unloading of heavy material or equipment. All access and circulation areas
shall be compacted or have hard surface to accommodate an all-weather access to the facility.
(Department of Planning Services)
17. 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)
18. Building permits shall be obtained prior to the any new construction. The office building is required to
be accessible to persons with disabilities. (Department of Building Inspection)
19. A plan review is required for the office building. Plans shall bear the wet stamp of a Colorado registered
architect or engineer. Two complete sets of plans are required when applying for each permit.Building
plans from the manufacturer detailing the blocking and tie down methods are an alternative.
(Department of Building Inspection)
20. The number of plumbing fixtures shall be installed to Table 2902.1 of the International Building Code.
Request of portable toilets and potable water will have to be approved by the Weld County Health
Department. (Department of Building Inspection)
21. Buildings shall conform to the requirements of the codes adopted by Weld County at the time of permit
application. Current adopted codes include the 2003 International Building Code; 2003 International
Mechanical Code;2003 International Plumbing Code;2003 International Fuel Gas Code;2002 National
Electrical Code and Chapter 29 of the Weld County Code. (Department of Building Inspection)
22. Fire resistance of walls and openings, construction requirements, maximum building height and
allowable areas will be reviewed at the plan review. Setback and offset distances shall be determined
by the Zoning Ordinance. (Department of Building Inspection)
23. Building height shall be measured 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 from 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. There shall be no parking or staging of trucks within the public right-of way. (Department of Planning
Services)
25. Trucks transporting materials from the site shall cover their loads to reduce loose materials on the
roadway and damage to vehicles. (Sheriff's Office)
26. The screening and landscaping on site shall be maintained in accordance with the approved
Landscape/Screening Plan. (Department of Planning Services)
USR-1475 Clark 8
27. Hours of operation shall be from 9:00 a.m. to 6:00 p.m. daily. (Department of Planning Services)
28. The property owner or operator shall be responsible for complying with the Design Standards of Section
23-2-240, Weld County Code.
29. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250, Weld County Code.
30. Weld County Government Personnel 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.
31. 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.
32. 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-1475 Clark 9
Mr.8 Mrs.Samuel Clark
Paget of 2, VI.0400042
rs
DEPARTMENT OF PLANNING SERVICES
Code Compliance Division
WWW.CO.WELD.CO.US
ILD918
C E-mail Address: bsalzman@co.weld.co.us
101h Street, Greeley, CO 80631 Phone (970) 353-6100, Ext. 3555
O Fax (970) 304-6498
COLORADO
August 13, 2004
Mr. & Mrs. Samuel Clark
PO Box 171
Hygiene, CO 80533
Land Consultants by Michael McDonough
436 Pratt Street
Longmont, CO 80501
Subject: VI-0400042, Lot B of RE-1917 also known as part of the NE4 of Section 13,T4N, R68W of
the 6t" P.M., Weld County, Colorado
Dear Mr. & Mrs. Clark and Mr. McDonough:
The property referenced above remains in violation of the Weld County Code. I have scheduled a
meeting with the Board of County Commissioners on September 14,2004,at 10:00 a.m.,to consider
the violations occurring on the property. The above mentioned property remains in violation of the
following Section(s) of the Weld County Code:
Chapter 23, Article 111, Div 1 "A(Agricultural)Zone District"
Section 23-3-20 "Uses allowed by right."
Section 23-3-30 "Accessory uses."
Section 23-3-40 "Uses by special review."
Section 23-3-40.8.8 "Fertilizer storage, mixing, blending and sales."
Section 23-3-40.R "Any use permitted as a Use by Right, an Accessory Use, or a Use
by Special Review in the Commercial or Industrial Zone Districts, provided that the
property is not a Lot in an approved or recorded subdivision plat or lots parts of a map or
plan filed prior to adoption of any regulations controlling subdivisions. PUD development
proposals shall not be permitted to use the special review permit process to develop."
Section 23-3-40.V "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.
(Weld County Codification Ordinance 2000-1; Weld County Code Ordinance 2001-1;
Weld County Code Ordinance 2002-9)
To bring the property into compliance:
It has been brought to my attention that Planning Staff continued the Planning
Commission Hearing for USR-1475 from June 15, 2004 to July 20, 2004. The
continuance was granted to allow you adequate time to submit a list of mineral owners
and evidence that you had complied with Colorado Revised Statute,C.R.S.24-65.5-103.
Since you have not provided such evidence and the business has not been removed,
this case is being scheduled for this violation hearing.
Mr.&Mrs.Samuel Clark
Page 2 of 2, VI-0400042
This meeting will take place in the County Commissioners' Hearing Room, First Floor, Weld County
Centennial Center,915 10th Street,Greeley,Colorado. It is recommended that you or a representative
be in attendance to answer any questions the Board of County Commissioners might have about the
violations.
Please also be advised that I will be taking video and/or pictures from the road or adjacent properties
the business day before or as soon as possible to the above mentioned Violation Hearing date.
The Department of Planning Services' staff will be recommending that the Board of County
Commissioners authorize the County Attorney to proceed with legal action to remedy the violation. Our
records indicate that you were made aware of the nature of the violation including the action necessary
to correct the violation, and that you were given sufficient time to remedy this violation. If you have any
questions concerning this matter, please call me.
Sincerely,
ad
Bethany YY`` SalzmarY
Zoning Compliance Officer
pc: VI-0400042
USR-1475
Sheri Lockman, Planner
Department of Planning Services
Bruce Barker, County Attorney
Mr.8 Mrs.Samuel Clark
Page 1 of 2, VI-0400042
d
_ - DEPARTMENT OF PLANNING SERVICES
Code Compliance Division
WWW.CO.WELD.CO.US
' E-mail Address: bsalzman@co.weld.co.us
1555 N. 17th Avenue, Greeley, CO 80631
C. Phone (970) 353-610, Ext. 3555
Fax (9770) 304-6498
COLORADO
July 21, 2004
Mr. & Mrs. Samuel Clark
PO Box 171
Hygiene, CO 80533
Subject: VI-0400042, Lot B of RE-1917 also known as part of the NE4 of Section 13,T4N, R68W of
the 6th P.M., Weld County, Colorado
Dear Mr. & Mrs. Clark:
The property referenced above remains in violation of the Weld County Code. I have scheduled a
meeting with the Board of County Commissioners on August 10,2004,at 10:00 a.m.,to consider the
violations occurring on the property. The above mentioned property remains in violation of the
following Section(s) of the Weld County Code:
Chapter 23, Article Ill, Div 1 "A(Agricultural)Zone District"
Section 23-3-20 "Uses allowed by right."
Section 23-3-30 "Accessory uses."
Section 23-3-40 "Uses by special review."
Section 23-3-40.8.8 "Fertilizer storage, mixing, blending and sales."
Section 23-3-40.R "Any use permitted as a Use by Right, an Accessory Use, or a Use
by Special Review in the Commercial or Industrial Zone Districts, provided that the
property is not a Lot in an approved or recorded subdivision plat or lots parts of a map or
plan filed prior to adoption of any regulations controlling subdivisions. PUD development
proposals shall not be permitted to use the special review permit process to develop."
Section 23-3-40.V "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.
(Weld County Codification Ordinance 2000-1; Weld County Code Ordinance 2001-1;
Weld County Code Ordinance 2002-9)
To bring the property into compliance:
It has been brought to my attention that Planning Staff continued the Planning
Commission Hearing for USR-1475 from June 15, 2004 to July 20, 2004. The
continuance was granted to allow you adequate time to submit a list of mineral owners
and evidence that you had complied with Colorado Revised Statute,C.R.S.24-65.5-103.
Since you have not provided such evidence and the business has not been removed,
this case is being scheduled for this violation hearing.
This meeting will take place in the County Commissioners' Hearing Room, First Floor, Weld County
Centennial Center, 915 10th Street,Greeley,Colorado. It is recommended that you ora representative
be in attendance to answer any questions the Board of County Commissioners might have about the
violations.
Mr.&Mrs.Samuel Clark
Page 2 of 2, VI-0400042
Please also be advised that I will be taking video and/or pictures from the road or adjacent properties
the business day before or as soon as possible to the above mentioned Violation Hearing date.
The Department of Planning Services' staff will be recommending that the Board of County
Commissioners authorize the County Attorney to proceed with legal action to remedy the violation. Our
records indicate that you were made aware of the nature of the violation including the action necessary
to correct the violation,and that you were given sufficient time to remedy this violation. If you have any
questions concerning this matter, please call me.
Sincerely,
Bethany Salzman
Zoning Compliance Officer
pc: VI-0400042
USR-1475
Sheri Lockman, Planner
Department of Planning Services
Bruce Barker, County Attorney
MEMORANDUM
Wi`Pe. TO:
Wel August 10,County 2004 Planning Commission
COLORADO
FROM: Sheri Lockman, Planner II
SUBJECT: USR-1475, Samuel Clark
The Weld County Department of Planning Services is requesting an indefinite continuance of
USR-1474. The applicant has not submitted the required information requested at the July 20,
2004 Planning Commissioner hearing regarding the notification of the property mineral owners
and lesees in accordance with Colorado Revised Statute, C.R.S.24-65.5-103. The business
currently on site is being pursued through the violation process.
A-.
4t4t: MEMORANDUM
Wi`De. TO:
WeldJuly County
3, unty Planning Commission
COLORADO
2004
FROM: Sheri Lockman, Planner II
SUBJECT: USR-1475, Samuel Clark
The Weld County Department of Planning Services is requesting a continuance until August 17,
2004. This will allow the applicant additional time to notify the property mineral owners and
lesees in accordance with Colorado Revised Statute, C.R.S.24-65.5-103.
Al MEMORANDUM
Wm`Pe. TO: Weld County Planning Commission
COLORADO DATE: June 2, 2004
FROM: Sheri Lockman, Planner II
SUBJECT: USR-1475, Samuel Clark
The Weld County Department of Planning Services and the applicant for USR-1475 are
requesting a continuance until July 20, 2004. This will allow the applicant additional time to
notify the property mineral owners and lesees in accordance with Colorado Revised Statute,
C.R.S.24-65.5-103.
a
K i DEPARTMENT OF PLANNING SERVICES
PHONE (970) 353-6100, EXT.3540
FAX (970) 304-6498
1555 N. 17TH AVENUE
WIlDe GREELEY, COLORADO 80631
COLORADO April 19, 2004
Samuel Clark
do Land Consultants
436 Pratt Street
Longmont, CO 80501
Subject: USR-1475-A Site Specific Development Plan and Special Review Permit for a business permitted
as a use by right or accessory use in the Commercial Zone District(Landscaping Materials Yard)
in the A(Agricultural)Zone District on a parcel of land described as Lot B of RE-1917; being part
of the NE4 of Section 13, T4N, 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 15,2004, at 1:30 p.m. This meeting will take
place in the Hearing Room at the South Weld County Planning Department, 4209 CR 24 '/, Longmont,
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 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 Berthoud and Johnstown
Planning Commission for their review and comments. Please call Berthoud at 970-532-2643 and 970-587-
4664 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 Johnstown 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,
Sheri Lockman
Planner
PLANNING COMMISSIONERS' SIGN POSTING CERTIFICATE
THE LAST DAY TO POST THE SIGN IS OCTOBER 8, 2004. 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, VONEEN MACKLIN, HEREBY CERTIFY UNDER PENALTIES OF PERJURY THAT THE
SIGN WAS POSTED ON THE PROPERTY AT LEAST TEN DAYS BEFORE THE PLANNING
COMMISSIONERS HEARING FOR USR-1475 IN THE A (AGRICULTURAL) ZONE
DISTRICT.
VONEEN MACKLIN
Name of Person Posting Sign
Signature of Person Posting Sign
STATE OF COLORADO
) ss.
COUNTY OF WELD
The foregoing instrument was subscribed and sworn to me this day of , 2004.
WITNESS my hand and official seal.
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PLANNING COMMISSIONERS' SIGN POSTING CERTIFICATE
THE LAST DAY TO POST THE SIGN IS 6/4/2004 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, SHERI LOCKMAN, HEREBY CERTIFY UNDER PENALTIES OF PERJURY THAT THE SIGN
WAS POSTED ON THE PROPERTY AT LEAST TEN DAYS BEFORE THE PLANNING
COMMISSIONERS HEARING FOR USR-1475 IN THE A (AGRICULTURAL) ZONE
DISTRICT.
SHERI LOCKMAN
Name of Person Posting Sign
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Signature of Person Posting Sign
STATE OF COLORADO
) ss.
COUNTY OF WELD
The foregoing instrument was subscribed and sworn to me this I day off t./lk l , 2001.
WITNESS my hand and official seal.
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FIELD CHECK inspection date: 4/15/2004
CASE NUMBER: USR-1475
APPLICANT: Samuel H & Cynthia L. Clark
LEGAL DESCRIPTION: Part of Lot B RE-1917, being part of the NE4 Section 13, T4N, R68W of
the 6th P.M., Weld County, CO
LOCATION: South of and adjacent to County Road 46 and west of and adjacent to County Road 13
Zoning Land Use
N A (Agricultural) N Agricultural
E A (Agricultural) E Agricultural
S A (Agricultural) S Agricultural
W A (Agricultural) W Agricultural
COMMENTS: Homes are within 'A mile in all directions. Two access
points are being used onto CR 46. Miscellaneous signs
are posted which will need to be reviewed. A modular and
small outbuilding have been moved onto the site.
& kti/722Z t2-
Sheri Lockman , Planner II
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