HomeMy WebLinkAbout20040114 INVENTORY OF ITEMS FOR CONSIDERATION
Applicant Jon Moser Case Number USR-1442
Submitted or Prepared
Prior to At
Hearing Hearing
1 Staff Comments X
USR boundaries from Jon Vazquez, X
Waste Handling Plan X
Department of Planning Services Field Check Form X
Planning Commissioner Miller's Field Check Form X
Letter to Applicant X
Affadavit of sign posting X
Legal Notifications X
2 Application X
Maps X
Deed/Easement Certificate X
Surrounding Property/Mineral Owners X
Utilities X
3 Referral List X
Referrals without comment X
Eaton School District, referral received 8/22/03 X
Town of Eaton, referral received 8/25/03 X
4 Referrals with comments X
Division of Wildlife, referral received 9/29/03 X
Code Compliance, referral received 8/22/03 X
West Greeley Soil Conservation District, referral received 9/3/03 X
Weld County Department of Public Health and Environment, referral received X
9/10/03
Weld County Department of Public Works, referral received 8/29/03 X
Weld County Department of Building Inspection, referral received 9/10/03 X
Weld County Department of Planning Services landscape referral received X
9/15/03
City of Greeley, referral received 9/16/03 X
Bonanza Creek Oil Company, LLC, referral received 9/15/03 X
5 Surrounding Property Owners- Letters X
6 PC Exhibits X
EXHIBIT
2004-0114
/4142-
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7 Planning Commission Resolution
I hereby certify that the BBBB items identified herein were submitted to the Department of Planning
Services i�at or prior to the
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Michelle Katyryniuk • Planner
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SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
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COLORADO
Planner: Michelle Katyryniuk
Case Number:USR-1442 Hearing Date: October 7, 2003
Applicant: Jon Moser Address: 34824 CR 29 Greeley, CO 80631
Request: A Site Specific Development Plan and Special Review Permit for A Use Permitted
as a Use by Right, an Accessory Use, or a Use by Special Review in the
Commercial or Industrial zone districts, (the selling, manufacturing and outdoor
storage of metal products ) in the A (Agricultural) Zone District.
Legal
Description: Lot B of RE-1566 being part of Section 9, Township 6 North, Range 66 West of the
6th P.M., Weld County, Colorado
Location: South of and adjacent to County Road 72 and East of and adjacent to County Road
29
Parcel Size: 57 +/- acres (USR 1.5 +/- acres) Parcel Number: 0805 09
000059
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 23-2-260.A.1 -- The proposed use is consistent with Chapter 22 and any
other applicable code provisions or ordinance in effect. Section 22-2-60 (A.Goal 1)
states, "Conserve agricultural land for agricultural purposes which fosters the
economic health and continuance of agriculture." The property is designated as
Prime Farmland of National Importance according to the USDA Soil Conservation
Services of Weld County Map dated in 1979. The proposed uses will only be on
1.51 acres of the total site and will not take out any additional farmland.
USR-1442 Moser 3
B. Section 23-2-260.A.2 -- The proposed use is consistent with the intent of the A
(Agricultural) Zone District. Currently the property is in violation (VI-0300026) for
operating a metal cutting business without a Use by Special Review (USR). Upon
approval of the USR the violation will be closed. 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 districts, (the selling,
manufacturing and outdoor storage of metal products) as a Use by Special Review
in the A (Agricultural) Zone District.
C. Section 23-2-260.A.3--The uses which will be permitted will be compatible with the
existing surrounding land uses. The surrounding property to the north is primarily
agricultural. The surrounding properties to the east,west and south are residential.
The development standards and conditions of approval will ensure compatibility with
adjacent properties.
D. Section 23-2-260.A.4 -- The uses which will be permitted will be compatible with
future development of the surrounding area as permitted by the existing zoning and
with the future development as projected by Chapter 22 of the Weld County Code
and any other applicable code provisions or ordinances in effect, or the adopted
Master Plans of affected municipalities. The subject property lies within the three-
mile referral area of the Town of Eaton, the City of Greeley, and the Town of
Severance. The Town of Eaton stated in their referrals received August 25, 2003
that they had no conflicts with the request. The City of Greeley, in their September
16, 2003 referral indicated that the applicant shall adhere to setbacks, all outdoor
storage shall be screened or enclosed, material that is not resistant to damage from
exposure to the outside environment should not be place outside for a period in
excess of 24 hours and 50 feet from the centerline of County Road 29 should be
reserved for future development. The City of Greeley's concerns have been
addressed in the conditions of approval and development standards. The Town of
Severance did not respond to the referral request.
E. Section 23-2-260.A.5--The site does not lie within any Overlay Districts. Building
Permits issued on the Lot will be required to adhere to the fee structure of County
Wide Road Impact Program (Ordinance 2002-11).
F. Section 23-2-260.A.6--The applicant has demonstrated a diligent effort to conserve
prime agricultural land in the locational decision for the proposed use. The subject
site is designated Prime Farmland of National Importance according to the 1979
USDA Soil Conservation Services. The USR will only occupy 1.51 acres which
have already been developed substantially limiting its agricultural value.
G. Section 23-2-260.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.
USR-1442 Moser 4
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 has not delineated any on-site sign(s). If any on-site sign(s) are
desired, the signs shall adhere to Section 23-4-90.A and .B of the Weld County
Code. One identification sign per principal use shall be allowed, provided that the
sign does not exceed sixteen(16)square feet in area per face. Further,the location
of the sign, if applicable shall be delineated on the USR plat. (Department of
Planning Services)
B. Written Evidence from Bonanza Creek Oil Company, LLC indicating all
requirements and agreements between the surface developer and Bonanza Creek
Oil Company have been completed as stated in their referral received September
15, 2003 shall be submitted or evidence that an attempt has been made to mitigate
their concerns to the Department of Planning Services. (Bonanza Creek Oil
Company)
2. Prior to recording the plat:
A. The plat shall be labeled USR-1442 (Department of Planning Services)
B. The plat shall be amended to delineate the following:
1) The attached Development Standards. (Department of Planning Services)
2) The approved Landscape/Screening Plan. (Department of Planning
Services)
3) County Road 29 is designated on the Road Capital Improvement Plan in the
County Wide Impact Fee Code Ordinance, Section 20-1-30 as a local gravel
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 29 shall be delineated right-of-way on the plat. This road is
maintained by Weld County. (Department of Public Works)
4) County Road 72 is designated on the Road Capital Improvement Plan in the
County Wide Impact Fee Code Ordinance, Section 20-1-30 as a local gravel
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 72 shall be delineated right-of-way on the plat. This road is
maintained by Weld County. (Department of Public Works)
C. The applicant shall submit a Screening/Landscape Plan for review and approval
which includes the following information:
1) The applicant shall demonstrate how the proposed plant material will be
f-. irrigated.
USR-1442 Moser 5
2) The applicant shall delineate on-site lighting, including security lighting if
applicable.
3) The applicant shall delineate the location of any proposed and existing plant
material. Existing shall be delineated as a circle with a dot in the middle,
proposed shall be delineated as a circle with a "+" in the middle.
4) The Landscape Plan shall indicate a site for a trash collection that is
sufficiently screened from adjacent public rights-of-way and adjacent
properties. These areas shall be designed and used in a manner that will
prevent wind or animal scattered trash. (Department of Planning Services)
D. The applicant shall delineated sufficient screened off street paved parking areas.
All parking and loading areas shall be screened from adjacent properties and road
rights-of-way. (Department of Planning Services)
E. Written evidence from the Department of Building Inspection indicating all Building
Inspection requirements have been completed as stated in their referral received
September 10, 2003 shall be submitted to the Department of Planning Services.
(Department of Building Inspection)
F. The West Greeley Soil Conservation District has provided information regarding the
soils on the site. The applicant shall review the information and use it to positively
manage on site soils. (West Greeley Soil Conservation District)
G. This facility, shall adhere to Appendix 23-B of the Weld County Code. The total
number of on-site parking for this facility shall be six (6) spaces, of which one (1)
shall be a van accessible handicapped parking stall meeting all of the requirements
as set forth in the Americans with Disabilities Act. Further, the applicant shall
delineate curb stops for the parking spaces shown on the USR plat. (Department
of Planning Services)
H. The applicant shall address and adhere to the American with Disabilities Act and
ADA standards for this facility at all times. Non-ambulatory/ Ambulatory parking
spaces shall be identified and shown on the plat. This site will be required to meet
all requirements of the Americans with Disabilities Act. At least one space must be
van accessible. The parking spaces must be the closest possible to the entrance.
Signing will be required. Curb cuts, ramps and other methods of providing
accessibility shall be required to reasonably attempt to meet the requirements of
this Act. Should the applicant elect to not adhere to the previously discussed
Federal Standards,this office requests that the applicant outline how their proposed
site design mitigates the requirements of the American's with Disabilities Act.
(Departments of Planning Services)
The applicant shall attempt to address the requirements (concerns) of the City of
Greeley, as stated in the referral response received September 16, 2003.
Evidence of such shall be submitted in writing to the Weld County Department of
Planning Services.
USR-1442 Moser 6
J. The applicant shall enter into an Improvements Agreement according to policy
regarding collateral for improvements 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)
K. 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 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).
r 1 (Group 6 is not acceptable). This digital file may be sent to mapsaco.weld.co.us.
(Department of Planning Services)
r
USR-1442 Moser 7
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
JON MOSER
USR-1442
1. The Site Specific Development Plan and Special Use Permit is for A Use Permitted as a
Use by Right, an Accessory Use, or a Use by Special Review in the Commercial or
Industrial zone districts, (the selling, manufacturing and outdoor storage of metal products)
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. 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)
4. No permanent disposal of wastes shall be permitted at this site. This is not meant to
include those wastes specifically excluded from the definition of a solid Waste in the Solid
Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S., as amended. (Department
of Public Health and Environment)
5. 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)
6. Fugitive dust shall be controlled on this site.(Department of Public Health and Environment)
7. The facility shall adhere to the maximum permissible noise levels allowed in the Light
Industrial Zone District as delineated in 25-12-103, C.R.S., as amended. (Department of
Public Health and Environment)
8. Adequate toilet facilities shall be provided for the public. (Department of Public Health and
Environment)
9. The facility shall utilize the existing public water supply, North Weld County Water District.
(Department of Planning Services)
10. The applicant shall utilize the existing 20-foot gravel drive access from County Road 29 to
the proposed USR facility. (Department of Public Works)
11. The off-street parking spaces, loading and unloading areas around the shop area including
the access drive shall be surfaced with gravel or the equivalent and shall be graded to
prevent drainage problems. (Department of Public Works)
USR-1442 Moser 8
12. The historical flow patterns and run-off amounts will be maintained on site in such a manner
that will reasonably preserve the natural character of the area and not prevent property
damage of the type generally attributed to run-off rate and velocity increases, diversions,
concentration and /or unplanned ponding of storm run-off. (Department of Public Works)
13. Effective January 1, 2003, Building Permits issued on the proposed lots will be required to
adhere to the fee structure of the County Road Impact Program.(Ordinance 2002-11)
(Department of Planning Services)
14. Changes in the character or use of existing buildings shall conform to the requirements of
Section 3405 of the 1997 Uniform Building Code. (Department of Building Inspection)
15. Building height shall be limited to the maximum height allowed per UBC Table 5-B. Wall
and opening protection and limitations shall be in accordance with UBC Table 5-A.
Separation of buildings of mixed occupancy classifications shall be in accordance with UBC
Table 3-B and Chapter 3. Setback and offset distances shall be determined by the Zoning
Ordinance. (Department of Building Inspection)
16. Building height shall be measured in accordance with the 1997 Uniform 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)
17. All lighting on site must comply with Section 23-3-260 of the Weld County Code.
(Department of Planning Services)
18. All trash collection areas must comply with Section 23-3-350.H of the Weld County Code.
(Department of Planning Services)
19. Hours of operation for the selling, manufacturing and outdoor storage of metal products will
be limited to Monday - Friday 7:00 am - 5:30 pm. (Department of Planning Services)
20. The number of employees for the selling, manufacturing and outdoor storage of metal
products will be limited to three. (Department of Planning Services)
21. The landscaping on site shall be maintained in accordance with the approved Landscape
Plan. (Department of Planning Services)
22. 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)
23. Items not customarily used or stored outside or made of material that is not resistant to
damage or deterioration from exposure to the outside environment should not be placed,
stored, or maintained outside for a period in excess of 24 consecutive hours. (City of
USR-1442 Moser 9
Greeley)
23. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240, Weld County Code.
24. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250, Weld County Code.
25. 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.
26. 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.
27. 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.
r
USR-1442 Moser 10
five\
DEPARTMENT OF PLANNING SERVICES
PHONE (970) 353-6100, EXT.3540
FAX (970) 304-6498
1555 N. 17TH AVENUE
WIlD�. GREELEY, COLORADO 80631
COLORADO
August 20, 2003
Jon Scott Moser
34824 CR 29
Greeley CO 80631
Subject: USR-1442- Request for a Site Specific Development Plan and Special Review Permit for a Use Permitted
as a Use by Right, Accessory Use, or a Use by Special Review in the Commercial or Industrial Zone
Districts (the selling, manufacturing and outdoor storage of metal products) in the A (Agricultural)Zone
District on a parcel of land described as Lot B of RE-1566 Section 9, T6N, R66W 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 0ctober7,2003,at 1:30 p.m. This meeting will take place in Room 210,
Weld County Planning Department, 1555 N. 17th Avenue, Greeley, 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 Eaton,Greeley and Severance Planning Commission for their review
and comments. Please call Eaton at(970)454-3338, Greeley at(970)350-9780 and Severance at(970)686-1218 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 Eaton, Greeley and Severance 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 co' cerning this matter, please call.
Resp ull , Lt
7;>e
Michelle Katyryniuk
Planner
PLANNING COMMISSIONERS' SIGN POSTING CERTIFICATE
THE LAST DAY TO POST THE SIGN IS t v3 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 L NZ NU`) � IN THE A (AGRICULTURAL) ZONE
DISTRICT.
VONEEN MACKLIN
Name of Person Posting Sign g
Signature of Person Posting Sign
STATE OF COLORADO
) ss.
COUNTY OF WELD -1h
The foregoing instrument was subscribed and sworn to me this-;?r/ day of 2003.
WITNESS my hand and official seal.
X/ l
ii(
Notary Public
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FIELD CHECK
CASE NUMBER: USR-1442 DATE OF INSPECTION: 9 15-03
APPLICANTS NAME: Jon Moser
PLANNER: Michelle Katyryniuk
REQUEST: Site Specific Development Plan and Special Review Permit for a Use Permitted as a Use by
Right,Accessory Use,or a Use by Special Review in the Commercial or Industrial Zone Districts
(the selling, manufacturing and outdoor storage of metal products) in the A (Agricultural)Zone
District.
LEGAL DESCRIPTION: Lot B of RE-1566 Section 9,T6N, R66W of the 6th P.M., Weld County, Colorado.
LOCATION: South of and adjacent to CR 72 and east of and adjacent to CR 31.
LAND USE:
N 1 Mt-fib tclW ?Mr&
E 11"Do5.e Or 1Kit,lb/MA F-Aft Wt
S 1Cf.S)OEklCt DW Pcc Val% - VW rlT4-p F1177AN,
w t U-Uy.tgE.t 'NW
ZONING: N A(Agricultural)
E A(Agricultural)
S A(Agricultural)
W A(Agricultural)
COMMENTS:
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P.C. Member
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FIELD CHECK inspection date:9/22/03
CASE NUMBER: USR-1442
APPLICANT: Jon Moser
LEGAL
DESCRIPTION: Lot B of RE-1566 Section 9, T6N, R66W of the 6th P.M., Weld
County, CO
LOCATION: South of and adjacent to County Road 72 and East of and adjacent to 29
County Road
Zoning Land Use
N A (Agricultural) N Agricultural
E A (Agricultural) E Agricultural/Residential
S A (Agricultural) S Residential
W A (Agricultural) W Agricultural/Residential
COMMENTS:
oil/gas well at the entrance to the driveway
one entrance off of CR 29 / gravel access
Cattle to the rear of the property
Residential house next to the shop
Slope: flat
trees along the north, west, and south of the site
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