HomeMy WebLinkAbout20042207 INVENTORY OF ITEMS FOR CONSIDERATION
Applicant I Robert Carpenter/Daniel Lottman Case Number H USR-1469
Submitted or Prepared
Prior to At
Hearing Hearing
N. 1 Staff Comments X
Department of Planning Services Field Check Form X
Letter to Applicant X
v Legal Notifications X
Sign Posting Affadavit and sign picture X
N 2 Application X
Maps X
Deed/Easement Certificate X
Surrounding Property/Mineral Owners X
Utilities X
3 Referral List X
N Referrals without comment X
City of Dacono referral received 4/21/2004 X
-' Longmont Soil Conservation District referral received 10/23/2003 X
Frederick/Firestone Fire Protection District referral received 3/25/2004 X
4 Referrals with comments X
Weld County Department of Public Works referral received 4/14/2004 X
. Weld County Department of Public Health and Environment referral received X
4/20/2004(3 pages)
N Weld County Department of Building Inspection referral received 4/2/2004 X
Weld County Zoning Compliance Officer referral received 5/4/2004 (2 pages) X
1 Colorado Department of Planning Services referral received 3/30/2004 (4 pages) X
Weld County Sheriffs Office referral received 4/19/2004 X
Town of Frederick referral received 4/29/2004 X
Lower Boulder Ditch Company(referral not received via mail) X
N 5 Surrounding Property Owners/Mineral Owners - Letters
6 PC Exhibits
`' 6A-6C Color Photos of work trucks associated with business X
6D-6F Photos of USR property X
N 6G Photos of Neighboring property(2 photos) X
• 6H Photos of Neighboring property (2 photos) X
• 61-6J Photos of neighboring properties X
6K Photos of neighboring property(3 photos) Y
2004-2207 1
EXHIBIT ,
• ta"-111A ,
• 6L Photo of neighboring property X
N 6M Photos of neighboring property(2 photos) X
N 6N Photos of neighboring property(2 photos) X
• 6O Photos of neighboring property(2 photos) X
N 6P Photo of neighboring property X
6Q- Photos of neighboring property(6 photos) X
6V
• 6W Memo to Planning Commissioners X
• 6X Letter from Summit View Homeowners Association X
N 6Y Petition Against Special Review Permit X
N 6Z April 14, 2004 letter from Faustino Mora X
y Planning Commission Resolution
I hereby certify that the 44 items identified herein were submitted to the Department of Planning Services at or prior to the scheduled
Planning Commission hearing.
Chris Gathman + Planner
tgo
COLORADO LAND USE APPLICATION
SUMMARY SHEET
Case Number: USR-1469 Hearing Date: May 18, 2004
Applicant: Robert Carpenter& Daniel Lottman C/O Thomas Hellerich, Esq.
Address: Thomas Hellerich, 5754 West 11th Street, Suite 101, Greeley, CO 80634
Request: A Site Specific Development Plan and a Special Review Permit for a use by right
in the Industrial Zone Districts (storage of vehicles and equipment associated
with a laser leveling machine to strike off and level concrete) in the A
(Agricultural)Zone District
Legal Description: Lot B of RE-1621; Part of the SW4 Section 24, Township 2 North, Range 68
West of the 6th P.M., Weld County, Colorado
Location: North of and adjacent to County Road 18 and approximately 1/4 mile east of
^ County Road 11
Size of Parcel: +/- 7 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 5/4/2004
• Weld County Department of Public Health and Environment, referral received 4/20/2004
• Weld County Department of Public Works, referral received 4/14/2004
• Weld County Department of Building Inspection, referral received 4/2/2004
• Weld County Sheriffs Office, referral received 4/22/2004
• Longmont Soil Conservation District, referral received 4/15/2004
• Weld County Landscape referral, referral received 3/30/2004
• City of Dacono, referral received 4/21/2004
• Town of Frederick, referral received 4/29/2004
Referral responses were not received from the following agencies:
• Frederick/Firestone Fire District
• Lower Boulder Reservoir& Ditch Company
• City of Dacono
EXHIBIT
USR-I469 Carpenter&Lottman 1
fOstig
Wi`D 0 • SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
COLORADO
Planner: C. Gathman
Case Number: USR-1469 Hearing Date: May 18, 2004
Applicant: Robert Carpenter& Daniel Lottman C/O Thomas Hellerich, Esq.
Address: 5754 West 11th Street, Suite 101, Greeley, CO 80634
Request: A Site Specific Development Plan and a Special Review Permit for a use by right
in the Industrial Zone Districts (storage of vehicles and equipment associated
with a laser leveling machine to strike off and level concrete) in the (A)
Agricultural Zone DistricT
Legal Description: Lot B of RE-1621; Part of the SW4 Section 24, Township 2 North, Range 68
West of the 6th P.M., Weld County, Colorado
Location: North of and adjacent to County Road 18 and approximately 1/4 mile east of
County Road 11
Parcel Size: +/- 7 acres Parcel Number: 1313 24 000073
THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE
DENIED 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. the Department of Planning Services'staff that the applicant has not shown compliance with
Section 23-2-220 of the Weld County Code as follows:
A. 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. This property is located within the boundaries of the Dacono,
Firestone and Frederick Intergovernmental agreement area. The Town of Frederick
borders the northern boundary of the property. The Town of Frederick, in their referral
USR-1469 Carpenter&Lottman 2
received, April 29, 2004 indicated that the proposed request does not comply with their
comprehensive plan due to the fact that the area is identified as residential. They feel the
industrial nature of the proposed business does not appear to be compatible with the
surrounding area. According to Section 19-2-60.C.8 of the Weld County Code: "If a
municipality's objection to or recommendation of disapproval of a development proposal
is based upon a conflict or incompatibility between proposed uses in the Development
and the Municipality's anticipated zoning classification for the property, the County will
not approve same unless, in the County's judgment: a) such conflict or incompatibility is
unlikely to occur; b) that suitable mitigation measures to be imposed by the County as
conditions of approval will eliminate or adequately mitigate adverse consequences of
incompatibility or conflict; or c) the municipality's anticipated zoning classification of the
property is unreasonable because of existing uses of adjacent property." Such a
determination would have to be made by the Board of County Commissioners, not the
Department of Planning Services. For this reason the Department of Planning Services
is recommending that this application be denied.
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.
Should the Planning Commission approve this application the Department of Planning Services'staff
recommends the following be attached as development standards and conditions of approval:
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)
B. The applicant shall submit an agreement with the Lower Boulder Ditch Company or
provide evidence that an adequate attempt has been made to address their concerns.
(Department of Planning Services)
C. The applicant shall either submit to the Weld County Department of Planning Services a
copy of an agreement with the properties mineral owners stipulating that the oil and gas
activities have adequately been incorporated into the design of the site or show evidence
that an adequate attempt has been made to mitigate the concerns of the mineral owners.
(Department of Planning Services)
2. Prior to recording the plat:
A. All sheets of the plat shall be labeled USR-1469 (Department of Planning Services)
B. The plat shall be prepared in accordance with Section 23-2-260.D of the Weld County
Code and shall be amended to delineate the following:
1. The attached Development Standards. (Department of Planning Services)
2. The approved Landscape and screening plan. (Department of Planning Services)
C. In the event of washing of vehicles will occur on-site the applicant shall ensure that 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. Written evidence of
such shall be submitted to the Departments of Public Health and Environment and
USR-I469 Carpenter&Lottman 3
Planning Services. (Department of Public Health & Environment)
D. In the event that 1 or more acres are disturbed during the construction and development
of this site, the applicant shall inquire with the Water Quality Control Division (WQCD) of
the Colorado Department of Public Health and Environment if they are required to obtain
a stormwater discharge permit. Alternately, the applicant can provide evidence from
WQCD that they are not subject to these requirements. Written evidence of such shall be
provided to the Departments of Public Health and Environment and Planning Services.
(Department of Public Health & Environment)
E. 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.
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 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)
* Evidence of Health Department approval shall be submitted to the Department of
Planning Services. (Department of Public Health & Environment)
F. The applicant shall submit two (2)copies of a screening plan for review and approval by
the Department of Planning Services. Any outdoor storage of vehicles and equipment
shall be screened from adjacent residential properties to the north, south, east and west.
(Department of Planning Services)
G. The applicant shall attempt to address the recommendations of the Weld County Sheriffs
Office as stated in its referral received April 22, 2004. Written evidence of such shall be
submitted to the Department of Planning Services. (Weld County Sheriff's)
H. The applicant shall address the requirements of the Department of Planning Services as
stated in the landscape referral dated March 30, 2004. Written evidence of such shall be
submitted to the Department of Planning Services. (Department of Planning Services)
County Road 18 has been annexed and is maintained by the Town of Frederick. The
applicant shall provide a copy of an access permit from the Town of Frederick to the
Department of Planning Services or provide written evidence from the Town of Frederick
that all of their requirements in regards to access off of County Road 18 have been
addressed. (Town of Frederick)
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)
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
USR-1469 Carpenter&Lottman 4
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 Recorded 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 maosaco.weld.co.us. (Department of Planning
Services)
5. Prior to release of building permits:
A. A plan review is required for each building for which a building permit is required. Plans
for the storage building shall include a floor plan. 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. (Department of Building Inspection)
B. The building will probably be classified as a type S-2 vehicle storage building.
Maintenance of vehicles and equipment is not allowed in a vehicle storage building. Fire
resistance of walls and openings, construction requirements, maximum building height
will be determined by the Zoning Ordinance. (Department of Building Inspection)
C. The building will require an engineered foundation based on a site-specific geotechnical
report or an open-hole inspection performed by a Colorado registered engineer.
Engineered foundations shall be designed by a Colorado registered engineer.
(Department of Building Inspection)
D. 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 International Mechanical Code; 2003 International
Plumbing Code; 2003 International Fuel Gas Code; and the 2002 National Electrical
Code and Chapter 29 of the Weld County Code. (Department of Building Inspection)
E. 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 27 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)
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-1469 Carpenter&Lottman 5
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Robert Carpenter& Daniel Lottman
USR-1469
1. The Site Specific Development Plan and Special Use Permit is for use by right in the Industrial
Zone Districts (storage of vehicles and equipment associated with a laser leveling machine to
strike off and level concrete) 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. Hours of operation shall be from 7:00 AM to 5:00 PM Monday through Saturday as outlined in the
application materials. (Department of Planning Services)
4. The business shall be limited to three (3) employees as outlined in the application materials.
(Department of Planning Services)
5. The business shall be limited to no more than two (2) semi-tractor trailer units, three (3) pickups
and one (1) utility trailer as outlined in the application materials. (Department of Planning
Services)
6. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-
20-100.5, C.R.S.) shall be stored and removed for final disposal in a manner that protects against
surface and groundwater contamination. (Department of Public Health and Environment)
7. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those
sites 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. (Department of Public Health and Environment)
8. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust,
blowing debris, and other potential nuisance conditions. (Department of Public Health and
Environment)
9. Fugitive dust and fugitive particulate emissions shall be controlled on this site. (Department of
Public Health and Environment)
10. The facility shall adhere to the maximum permissible noise levels allowed in the Residential Zone
District as delineated in 25-12-103, C.R.S. (Department of Public Health and Environment)
11. Adequate handwashing & toilet facilities shall be provided for the employees and patrons of the
facility. (Department of Public Health and Environment)
12. An I.S.D.S is required for the proposed facility and shall be installed according to the Weld
County I.S.D.S. Regulations. (Department of Public Health and Environment)
r
USR-1469 Carpenter&Lottman 6
•
13. The septic system is required to be designed by a Colorado Registered Professional Engineer
according to the Weld County I.S.D.S. Regulations. (Department of Public Health and
Environment)
14. The applicant shall comply with all provisions of the Underground and Above Ground Storage
Tank Regulations (7 CCR 1101-14).
15. 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
(HAPs)and volatile organic compounds (VOCs). (Department of Public Health and Environment)
16. The facility shall utilize the existing public water supply (Central Weld County Water District).
(Department of Public Health and Environment)
17. If applicable, the applicant shall obtain a Storm Water Discharge Permit from the Colorado
Department of Public Health and Environment, Water Quality Control Division. (Department of
Public Health and Environment)
18. Effective January 1, 2003, Building Permits issued on the proposed lots will be required to adhere
to the fee structure of the Weld County Road Impact Program. (Ordinance 2002-11) (Department
of Planning Services)
19. 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)
20. The existing access and off-street parking shall be surfaced with gravel, asphalt and concrete or
equivalent and shall be graded to prevent drainage problems. (Department of Public Works)
21. The landscaping on site shall be maintained in accordance with the approved Landscape Plan.
(Department of Planning Services)
22. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code.
23. The property owner or operator shall be responsible for complying with the Operation Standards
of Section 23-2-250, Weld County Code.
24. 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.
25. The operation shall comply with all applicable rules and regulations from the Weld County Code,
Air Pollution Control Division, Water Quality Control Division, Colorado Department of Labor and
Employment, and the Environmental Protection Agency. (Department of Public Health &
Environment)
26. A plan review is required for each building for which a building permit is required. Plans for the
storage building shall include a floor plan. 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. (Department of Building Inspection)
USR-1469 Carpenter&Lottman 7
27. 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 International Mechanical Code; 2003 International Plumbing Code; 2003
International Fuel Gas Code; and the 2002 National Electrical Code and Chapter 29 of the Weld
County Code. (Department of Building Inspection)
28. 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.
29. 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-1469 Carpenter&Lottman 8
(aiutv+.t;55;O1...
' SIGN POSTING
CERTIFICATE
THE LAST DAY TO POST THE SIGN IS M°ug,ZW.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, auis 6sks,y HEREBY CERTIFY UNDER PENALTIES OF PERJURY THAT THE SIGN
WAS POSTED ON THE PROPERTY AT LAST TEN/ FIFTEEN DAYS BEFORE THE BOARD
OF COMMISSIONERS HEARING FOR Ui(C-P4JIN THE AGRICULTURAL ZONE DISTRICT.
Cass U�. IVVn4
Name of Person Posting Sign
gui\t/3 (7)1
Signature of Person Posting Sign
STATE OF COLORADO
)ss.
COUNTY OF WELD ,A
The foregoing instrument was subscribed and sworn to me this /20 day of h{Ai , 2003.
WIT U.my hand and official seal.
KCB•
vIof ry Public
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FIELD CHECK inspection date: April 19, 2004
CASE NUMBER: USR 1469
APPLICANT: Robert Carpenter& Daniel Lottman
LEGAL DESC: Lot B of RE-1621; Part of the SW4 Section 24, Township 2 North, Range
68 West of the 6th PM, Weld County, CO
LOCATION: North of and adjacent to County Road 18 and approximately 'A mile east
of County Road 11.
Zoning r Land Use
N A (Agricultural) N Residential Subdivision (Town of Frederick)
E A (Agricultural) E Single Family Residence/lawn care business
S A (Agricultural) S Single Family Residences
W A (Agricultural) W Single Family Residence
• existing single-family residence and outbuildings on site.
• Residential subdivision to the north (approx. 1/8 mile)—open area currently located
between the property and the subdivision.
• Several residences in the area to the east, west and south.
(61 tat
Chris Gathman Planner II, AICP
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