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Home My WebLink About20042756 INVENTORY OF ITEMS FOR CONSIDERATION Applicant Michael & Nicole Thompson Case Number USR-1482 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 Legal Notifications X Sign Posting Affadavit and sign picture X c 2 Application X Maps X Deed/Easement Certificate X Surrounding Property/Mineral Owners X Utilities X 3 Referral List X Referrals without comment X Longmont Soil Conservation District referral received 6/10/2004 X ` 4 Referrals with comments X Weld County Department of Public Works referral received 6/11/2004 (2 pages) X Weld County Department of Public Health and Environment referral received X 6/21/2004(2 pages) Weld County Building Inspection referral received 6/21/2004(2 pages) X Weld County Zoning Compliance Officer referral received 6/2/2004 (2 pages) X City of Dacono referral received 6/23/2004(2 pages) X 5 Surrounding Property Owners/Mineral Owners - Letters N' 6 PC Exhibits �- 6a posting x I hereby certify that the 11 items identified herein were submitted to the Department of Planning Services at or prior to the scheduled Planning Commission hearing. Chris Gathman •S Planner 2004-2756 Wi�Pc. #011(/(60 COLORADO LAND USE APPLICATION SUMMARY SHEET Case Number: USR-1482 Hearing Date: August 17, 2004 Applicant: Michael & Nicolette Thompson Address: 3047 County Road 19, Fort Lupton, 80621 Request: A Site Specific Development Plan and a Special Review Permit for a use by right or accessory use in the Industrial Zone Districts (storage of vehicles and equipment associated with a tree-trimming business) in the A(Agricultural)Zone District Legal Description: Lot A of RE-808; Part of the SE4 of Section 16, Township 1 North, Range 67 West of the 6th P.M., Weld County, Colorado Location: West of and adjacent to County Road 19 and approximately 200 feet north of County Road 8. Size of Parcel: 5 +/- acres POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS The criteria for review of this Special Review Permit is listed in Section 23-2-220 of the Weld County Code. The Department of Planning Services'staff has received responses from the following agencies: • Weld County Zoning Compliance, referral received 6/2/2004 • Weld County Department of Public Health and Environment, referral received 6/21/2004 • Weld County Department of Public Works, referral received 6/11/2004 • Weld County Department of Building Inspection, referral received 6/21/2004 • Longmont Soil Conservation District, referral received 6/10/2004 • City of Dacono, referral received 6/23/2004 Referral responses have not been received from the following agency: • Mountain View Fire Protection District EXHIBIT USR-1482—Thompson 1 ftotrn SPECIAL REVIEW PERMIT W�`D 0 • ADMINISTRATIVE REVIEW COLORADO Planner: C. Gathman Case Number: USR-1482 Hearing Date: August 17, 2004 Applicant: Michael & Nicolette Thompson Address: 3047 County Road 19, Fort Lupton, 80621 Request: A Site Specific Development Plan and a Special Review Permit for a use by right or accessory use in the Industrial Zone Districts (storage of vehicles and equipment associated with a tree-trimming business) in the (A)Agricultural Zone District Legal Description: Lot A of RE-808; Part of the SE4 of Section 16, Township 1 North, Range 67 West of the 6th P.M.,Weld County, Colorado Location: West of and adjacent to County Road 19 and approximately 200 feet north of County Road 8. Parcel Size: 5 +/- acres Parcel Number: 1469 16 000070 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 22-2-60D.A.4 of the Weld County Code states: "Conversion of agricultural land to nonurban 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 proposed use is compatible with the surrounding area. 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 any use permitted as a use by right or an accessory use in the industrial zone districts as a Use by Special Review in the A(Agricultural)Zone District. USR-I482 Thompson 2 c. Section 23-2-220.A.3 --The uses which will be permitted will be compatible with the existing surrounding land uses. Two single family residences are located to the south of the site, rural agricultural land is located to the north and east of the site, an existing dairy is located to the southeast of the site, a dam and reservoir comprises the western portion of the property. No responses expressing concerns with this use have been received from surrounding property owners. The vehicle and equipment storage area will be screened from adjacent properties and rights of way by existing trees. 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 City of Dacono, in their referral response received June 23, 2004, indicated no conflict with their interests subject to the applicant satisfying two conditions. These conditions are addressed through the attached conditions of approval. 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 proposed lots will be required to adhere to the fee structure of the County Road Impact Program. (Ordinance 2002-11) f. Section 23-2-220.A.6--The applicant has demonstrated a diligent effort to conserve prime agricultural land in the locational decision for the proposed use. The site is located on land that is designated as "irrigated, non-prime" per the 1979 USDA Prime Farmlands Map of Weld County. 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 recording the plat: A. The plat shall be labeled USR-1482. (Department of Planning Services) B. The plat shall be amended to delineate the following: 1. The attached Development Standards. (Department of Planning Services) 2. County Road 19 is designated on the Weld County Road Classification Plan as a collector status road, which requires 80 feet of right-of-way at full build out.There is presently 60 feet of right-of-way. A total of 40 feet from the centerline of County Road 19 shall be delineated on the plat as right-of-way reservation for future expansion of County Road 19. This road is maintained by Weld County. (Department of Public Works) USR-1482—Thompson 3 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 such shall be submitted to the Department of Planning Services. (Department of Public Health and Environment) D. All vehicles located on the property must be operational with current license plates, or be screened from all adjacent properties and public rights of way, or be removed from the property. All other items considered to be part of a noncommercial junkyard must also be removed from the property or screened from adjacent properties and public rights-of-way. Evidence of such shall be submitted to the Department of Planning Services. (Department of Planning Services) E. The applicant shall submit two (2) paper copies of the plat for preliminary approval to the Weld County Department of Planning Services. (Department of Planning Services) 2. Upon completion of 1. 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) 3. 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 maps(a)co.weld.co.us. (Department of Planning Services) 4. 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-1482 Thompson 4 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Michael & Nicolette Thompson USR-1482 1. The Site Specific Development Plan and Special Use Permit is for a use by right or accessory use in the Industrial Zone Districts (storage of vehicles and equipment associated with a tree- trimming business) 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. Business equipment and vehicles stored on site shall be limited to one pickup truck, one flatbed truck, one chipper, one stumper grinder and one stump grinder as outlined in the application materials. (Department of Planning Services) 4. The business shall be limited to one employee as outlined in the application materials. (Department of Planning Services) 5. No outside repair or maintenance/oil changes shall be conducted with the exception of routine maintenance. (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 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. (Department of Public Health and Environment) 8. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance conditions. (Department of Public Health and Environment) 9. 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) 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 and toilet facilities shall be provided. (Department of Public Health and Environment) 12. 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) USR-1482—Thompson 5 13. A permanent, adequate water supply shall be provided for drinking and sanitary purposes. (Department of Public Health and Environment) 14. 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) 15. 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) 16. A building permit shall be obtained prior to the construction of any new building. (Department of Building Inspection) 17. Utilize the shared access point as no other additional accesses shall be granted to this parcel. (Department of Public Works) 18. Off-street parking, including the access drive shall be surfaced with gravel or the equivalent and shall be graded and drained to prevent drainage problems. (Department of Public Works) 19. There shall be no parking or staging of vehicles on County Road 19. Utilize the on-site parking only. (Department of Public Works) 20. 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) 21. Effective January 1, 2003, Building Permits issued on the subject site will be required to adhere to the fee structure of the Weld County Road Impact Program. (Ordinance 2002-11) (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 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. 26. 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-1482 Thompson 6 L3/4-.% , Kit DEPARTMENT HOE OF PLANNING SERVICES .-� PHONE (970) 353-6100, EXT.3540 FAX (970)304-6498 I1555 N. 17TH AVENUE WI`D c. GREELEY, COLORADO 80631 COLORADO June 1, 2004 Michael & Nicolette Thompson 3047 CR 19 Fort Lupton CO 80621 Subject: USR-1482- A Site Specific Development Plan and Special Review for a Use by Right or Accessory Use in the Industrial Zone District(storage of vehicles and equipment associated with a tree trimming business) in the A (Agricultural)Zone District on a parcel of land described as Lot A RE-808; Pt SE4 of Section 16, Ti N, R67W of the 6th P.M., Weld County, Colorado. Dear Applicants: 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 August 17, 2004, at 1:30 p.m. This meeting will take place in the Hearing Room South Weld County Planning Department, 4209 CR 24 '/2, 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 Dacono Planning Commission for their review and comments. Please call 303-833-2317 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 Dacono 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, ^ Z a y v Chris Gathman Planner PLANNING COMMISSIONERS' SIGN POSTING CERTIFICATE THE LAST DAY TO POST THE SIGN IS August 7,2004 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, Chris Gathman, HEREBY CERTIFY UNDER PENALTIES OF PERJURY THAT THE SIGN WAS POSTED ON THE PROPERTY AT LEAST 10 DAYS BEFORE THE PLANNING COMMISSIONERS HEARING FOR USR-1482 IN THE A (AGRICULTURAL) ZONE DISTRICT. Chris Gathman Name of Person Posting Sign J5P '''-�'q•ERyS' y� } SUBSCRIBED AND SWORN TO BEF Lr. THI ••. DAY 0FIty.Sl 2004 • N9 AFB EAAc-4--t Mv Commission E>�ifN Sr c ° RY PUBLIC 10/14/2007 tEXHIBIT 100- 1,(52 16 • ::r.. w lam' '.y .. .[_ ( .Jh �� J1w r. . yv �1 •' 4,�: •. it ' 6 r • S .;y L _ �_.i NOTICE Wiroc , , _ '" '� ,' , A PUBLIC HEARING CONCERNING THIS PROPERTY WILL BE HELD AT: -O., ia. r lecrS4 • t. oi.ceHt__� C 20 ` Ai ! 30 �•r. • . I. ;, *. NAME "t criat-I L 1",/elk. , C An_ 6 2 P1 ,� REQUEST '} �,�.�Z≥`� ti t� r.a-�R { €a; ; "'.a + T CASE N0. < - 11I ` I �� ACRES 44.---; ;� ,. >.r",,� -f. 1� FOR MORE INFORMATION CALL _• - , .: _ . WELD . r _ � . .� "- COUNTY DEPARTMENT OF .w - ' 1, PANNING SERVICES AT L , r ( 970 )353 -6100 ex t. 3540 M1 Via. =' 1 . - , . h _4+b. . .. . !: .� "' • {.Jtl\' ~�'f Yi 4. w'- law t:_ .fNa_�!u< . F, I I - . • .: •' T ill i • • r: L f 7- Fir Y 4.• 4 4 __ _ _ _ __ _ _______- ._ . _ _ . . .7.4 .,..... / •ir .4?r ii • Jr �. se ' IT illint, i: • ter lipr ... 1 , Y may----- �T. _' rlp ______ . ..••• . _ . lq.., s • • ,: .ter .. '- �� / __, `al. 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P ` ► ' , ., • ` : . 1t I:• 4` ti� " FIELD CHECK inspection date: August 5, 2004 CASE NUMBER: USR 1482 APPLICANT: Michael & Nicolette Thompson LEGAL DESC: Lots A of RE-808; Part of the SE4 of Section 16, Township 1 North, Range 67 West of the 6th PM, Weld County, CO LOCATION: West of and adjacent to County Road 19; Approximately 200 feet north of County Road 8. Zoning Land Use N A (Agricultural) N Open land, wetlands area E A (Agricultural) E Agriculture S A (Agricultural) S single family residence W A (Agricultural) W Reservoir Single-family residence located on the property. Shared driveway used with residence to the south. Residence to the south is owned by a relative of the applicants. Proposed vehicle/trailer equipment storage area is completely screened from adjacent properties. Miscellaneous vehicles and items stored on the property. 60k0 Chris Gathman Planner II, AICP Hello