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HomeMy WebLinkAbout20042769 INVENTORY OF ITEMS FOR CONSIDERATION Applicant Brittara Land Company, LLC c/o Case Number AMUSR-935 Phillip Wenta Submitted or Prepared Prior to At Hearing Hearing 1 Staff Comments X Department of Planning Services Field Check Form X Planning Commissioner Field Check Form Letter to Applicant X Affidavit 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 Weld County Zoning Compliance, referral received June 29,2004 X Town of Mead, referral received July 12, 2004 X Town of Berthoud, referral received June 28,2004 X • 4 Referrals with comments X Weld County Building Inspection, referral received July 21,2004 X Weld County Public Works, referral received June 12,2004 X Weld County Planning Department, Landscape, referral received July 15,2004 X Weld County Public Health and Environment, referral received July 26,2004 X Mountain View Fire Protection District, referral received July 9,2004 X 5 Surrounding Property Owners-Letters 6 PC Exhibits X - 6.A Letter from Pioneer Sand Company,Joe Kraig dated August 10, 2004 X ' 6.6 Letter from Jeff Stamp dated August 13, 2004 X 6.C Staff amend X missio X I hereby certify that the twenty-two items identified herein were submitted to the Department of Planning Services at or prior to the scheduled Board of County C immissioners hearing. Jacqueline H oh LI Planner EXHIBIT s A 2004-2769 r COLORADO LAND USE APPLICATION SUMMARY SHEET Planner: Jacqueline Hatch Case Number: AMUSR-935 Hearing Date: August 17, 2004 Applicant: Brittara Land Company, LLC c/o Phillip Wenta Address: PO Box 547 Windsor, CO 80550 Request: A Site Specific Development Plan and a Special Review Permit for a business permitted as a use by right or accessory use in the Commercial Zone District (Landscape Materials Yard, Agricultural and Supply Business) in the A (Agricultural)Zone District Legal Description: Lot A of RE-1331; Part of the E2 SW4 of Section 36, Township 4 North, Range 68 West of the 6th P.M., Weld County, Colorado Location: North of and adjacent to County Road 38 and approximately 1/2 mile west of County Road 13. Size of Parcel: 8.5 +/-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 June 29, 2004 • Weld County Department of Public Health and Environment, referral received July 26, 2004 • Weld County Department of Public Works, referral received July 12, 2004 • Weld County Department of Building Inspection, referral received July 21, 2004 • Mountain View Fire Protection District, referral received July 9, 2004 • Weld County Department of Planning, Landscape, referral received July 15, 2004 • Town of Mead, referral received July 12, 2004 • Town of Berthoud, referral received June 28, 2004 The Department of Planning Services'staff has not received responses from the following agencies: • Town of Johnstown • Big Thompson Soil Conservation District EXHIBIT AMUSR-935 Brittara Land Company LLC Page 1 I Att W�`k SPECIAL REVIEW PERMIT ADMINISTRATIVE REVIEW COLORADO Planner: Jacqueline Hatch Case Number: AMUSR-935 Hearing Date: August 17, 2004 Applicant: Brittara Land Company, LLC do Phillip Wenta Address: PO Box 547 Windsor, CO 80550 Request: A Site Specific Development Plan and a Special Review Permit for a business permitted as a use by right or accessory use in the Commercial Zone District (Landscape Materials Yard, Agricultural and Supply Business) in the A (Agricultural)Zone District Legal Description: Lot A of RE-1331; Part of the E2 SW4 of Section 36, Township 4 North, Range 68 West of the 6th P.M., Weld County, Colorado Location: North of and adjacent to County Road 38 and approximately 'A mile west of County Road 13. Size of Parcel: 8.5 +1- acres Parcel Number: 1061 36 000052 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. It is the opinion of 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.1 --The proposed use is NOT consistent with Chapter 22 and any other applicable code provisions or ordinance in effect. 1. Section 22-2-170.C C Goal 3 — Address the compatibility of commercial land uses with adjacent land uses. There are three homes in close proximity to the site and a minor subdivision for nine residential lots (MF-1017 Stamp) is located directly to the north of the site. USR-935 was originally approved in 1999 for an agricultural service establishment (agricultural and supply business). Staff has noted that since August 2002 it does not appear that the site has been utilized. The proposed amendment consists of expanding the use to include the storage and sale of landscape material. AMUSR-935 Brittara Land Company LLC Page 2 2. Section 22-2-60.A.3 Policy 1.3 states to allow commercial and industrial uses, which are directly related to, or dependent upon agriculture, to locate within the A (Agricultural) Zone District when the impact to surrounding properties is minimal, and where adequate services and infrastructure are currently available or reasonably obtainable. The proposed use is not directly related to or dependent upon agricultural uses. The surrounding properties are primarily residential. 3. Section 22-2-60.6 A.Goal 2 states that the conversion of agricultural land to urban scale residential, commercial and industrial uses will be considered when the subject site is located inside an approved intergovernmental agreement area, urban growth boundary area, I-25 Mixed Use Development area or urban development nodes or where adequate services are currently available or reasonably obtainable. The site is not located with an intergovernmental agreement area, an urban growth boundary area, the I-25 Mixed Use Development area or an urban development nodes. The site is proposed to served by the Little Thompson Water District and an individual sewage disposal system. 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 choose to approve the Use by Special Review Permit, Planning Staff recommends the following be attached as Conditions of Approval and Development Standards: 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. 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) B. The applicant shall submit to the Department of Planning Services a complete list of products associated with this facility. (Department of Planning Services) 2. Prior to recording the plat: A. The applicant shall address the concerns of the Mountain View Fire Protection District as stated in their referral dated July 9, 2004. Evidence of approval shall be submitted to the Department of Planning Services. (Mountain View Fire Protection District) B. The applicant shall submit to the Department of Public Works a haul route from the site to the nearest paved road. Evidence of an approved route by the Department of Public Works shall be submitted to the Department of Planning Services. (Departments of Public Works and Planning Services) C. The applicant shall enter into an off-site Public Road Maintenance and Improvements Agreement with the Weld County Public Works Department for any off-site improvements associated with the proposed use. (Department of Public Works) D. The applicant shall enter into a Private Improvements Agreement according to policy regarding collateral for on-site improvements and post adequate collateral for all landscaping, transportation (access drive, parking areas, etcetera) and non- transportation (plant materials, fencing, screening, water, signage etcetera). 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. Or the applicant may AMUSR-935 Brittara Land Company LLC Page 3 submit evidence that all the work has been completed and approved by the Department of Planning Services and the Department of Public Work. (Department of Planning Services) E. 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 approval shall be submitted to the Department of Planning Services (Department of Public Health and Environment) F. An individual sewage disposal system is required for the scale house 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. Evidence of approval and installation shall be submitted to the Department of Planning Services. (Department of Public Health and Environment) G. 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 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) H. The applicant shall provide evidence that the existing structure meets the offset requirements outlined in Section 23-3-250.A.4 of the Weld County Code. If the structure doesn't meet required setbacks the applicant shall submit a Non-Conforming Use of a Structure (NCU)application. (Department of Planning Services) J. The applicant shall submit a property maintenance plan in accordance with Section 23-2- 250.B.7 of the Weld County Code to the Department of Planning Services. (Department of Planning Services) K. The applicant shall provide an agreement with Great Western Railroad outlining the storage of material in the right-of-way, uses, and crossings. (Department of Planning Services) L. 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 AMUSR-935 Brittara Land Company LLC Page 4 requirements for parking spaces and Appendix 23-B delineates the number of parking spaces required by use for this property. Thirty-five parking spaces shall be provided. Should the number of equipment, structures or employees increase the parking requirements shall be delineated according to this section. The plat shall indicate the appropriate parking spaces. The site shall also meet ADA parking requirements. Circulation pattern including the access drives shall be surfaced with recycled gravel or a treated gravel to keep the dust under control. (Departments of Planning Services and Public Works) 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. Both accesses to the site need to be redesigned to enter off of County Road 38 at a 90 degree angel for a minimum of one tractor trailer length to provide adequate sight distance in both directions. (Department of Public Works) 4. Section 23-3-250.A.4— Required Yards - Setback. County Road 38 is designated on the Weld County Road Classification Plan as an arterial road, which requires a 140-foot right-of-way at full build out. Presently there is a 60-foot right-of-way. A total of 70 feet from the centerline of County Road 38 shall be delineated right- of-way on the plat. This road is 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 Planning Services) 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 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 in compliance with Section 23-3-250.A.5.A of the Weld County Code to the Department of Planning Services for review and approval. (Department of Planning Services) AMUSR-935 Brittara Land Company LLC Page 5 M. The plat shall be amended to delineate the following: 1. All pages of the plat shall be labeled AMUSR-935. (Department of Planning Services) 2. The plat shall be prepared in accordance with Section 23-2-360.D of the Weld County Code. The plat scale shall be 1" = 50'. Staff will waive the Vicinity Map scale of 1" =2000' and permit 1" = 1000'. (Department of Planning Services) 3. The attached Development Standards. (Department of Planning Services) 4. The applicant shall verify with Great Western Railroad the associated right-of- way with the two track lines on the property and shall delineated them on the plat. (Department of Planning Services) 5. The fire hydrant on site needs to be illustrated on the plat. (Department of Public Works) N. 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). (Group 6 is not acceptable). This digital file may be sent to maps(oco.weld.co.us. (Department of Planning Services) 5. Prior to the issuance of building permits: A. All plans for the construction/installation of new buildings must be approved by the Mountain View Fire Protection District. (Mountain View Fire Protection District) B. The applicant shall verify that the setback requirements per Section 23-3-250.A.4 of the Weld County Code have been addressed. (Department of Planning Services) C. 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. (Department of Public Health and Environment) D. A plan review is required for each building for which a building permit is required. Plans 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. Provide a Code Analysis Data sheet provided by the Weld County Building Department with each Building permit application. (Department of Building Inspection) AMUSR-935 Brittara Land Company LLC Page 6 E. 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) F. Each 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) G. The structure will probably be classified as a mixed use, B (offices) and M (Retail Store) occupancy. 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 Weld County Code. (Department of Building Inspection) H. 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) 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) AMUSR-935 Brittara Land Company LLC Page 7 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Brittara Land Company LLC AM USR-935 1. The Site Specific Development Plan and a Special Review Permit for a business permitted as a use by right or accessory use in the Commercial Zone District (Landscape 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 hours of operation shall be limited to daylight hours, Monday through Saturday. Hours in the winter months (November through April) will be 7:00 am to 5:00 pm and in the summer months (May through October)will be 7:00 am to 7:00 pm. (Department of Planning Services) 4. Should noxious weeds exist on the property or become established as a result of the proposed development the applicant/landowner shall be responsible for controlling the noxious weeds, pursuant to Chapter 15, Articles I and II of the Weld County Code. (Department of Planning Services) 5. No parking or staging of vehicles are permitted within the public right-of-way on County Road 38. (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., as amended. (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. The applicant shall operate in accordance with the approved "waste handling plan". (Department of Public Health and Environment) 10. 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) 11. The facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone District as delineated in 25-12-103, C.R.S. (Department of Public Health and Environment) 12. Adequate handwashing and toilet facilities shall be provided for employees and patrols of the facility. (Department of Public Health and Environment) 13. An I.S.D.S is required for the facility and shall be installed according to the Weld County I.S.D.S. Regulations. (Department of Public Health and Environment) AMUSR-935 Brittara Land Company LLC Page 8 14. The facility shall utilize the existing public water supply. (Little Thompson Water District) (Department of Public Health and Environment) 15. All pesticides, fertilizer, and other 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 (HAP's) and volatile organic compounds (VOC's). (Department of Public Health and Environment) 16. 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) 17. 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) 18. 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) 19. A building permit shall be obtained prior to the construction of any new building. (Department of Building Inspection) 20. Effective January 1, 2003, Building Permits issued on the subject lot will be required to adhere to the fee structure of the Weld County Road Impact Program. (Ordinance 2002-11) (Department of Planning Services) 21. The applicant shall be responsible for applying dust suppressant chemicals (magnesium chloride or calcium chloride) adjacent to the frontage of the operation and on the haul route where there area any residential structure on County Road 38 that could be affected by heavy hauling from the site. The road shall be treated no less than twice a year, as needed, or as directed by the Weld County Department of Public Works. (Department of Public Works) 22. The historical flow patterns and run-off amounts will be maintained on site in such 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) 23. The landscaping on site shall be maintained in accordance with the approved landscape plan. (Department of Planning Services) 24. 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) 25. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240,Weld County Code. 26. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250,Weld County Code. 27. 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. AMUSR-935 Brittara Land Company LLC Page 9 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. AMUSR-935 Brittara Land Company LLC Page 10 a rat a DEPARTMENT OF PLANNING SERVICES PHONE (970) 353-6100, EXT.3540 Vg� FAX 304-6498 1555 X. 17TH AVENUE GREELEY, COLORADO 80631 COLORADO June 22, 2004 Brittara Land Company LLC PO Box 547 Windsor CO 80550 Subject: AmUSR-935- Request for 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 A of RE-1331; part of the E2 SW4 of Section 36, 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 August 17, 2004, at 1:30 p.m. This meeting will take place at the Southwest Weld County Complex, 4209 CR 24-1/2, 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 Berthoud,Johnstown and Mead Planning Commission for their review and comments. Please call Berthoud at (970) 532-3754, Johnstown at (970) 587-4664 and Mead at (970) 535-4477 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, Johnstown and Mead 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, Jacquelihe Hatch Planner PLANNING COMMISSIONERS' SIGN POSTING CERTIFICATE THE LAST DAY TO POST THE SIGN IS IL 7 MyTHE SIGN SHALL BE POSTED ADJACENT TO AND VISIBLE FROM A PUBKICALLY 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, Jacqueline Hatch, HEREBY CERTIFY UNDER PENAL S OF PERJURY THAT THE SIGN WAS POSTED ON THE PROPERTY AT LEAST E FIFTEEN DAYS BEFORE THE PLANNING COMMISSIONERS HEARING FOR - U -935IIN THE A (AGRICULTURAL) ZONE DISTRICT. Name of Person Posting Sign Signat of Person Posting Sign STATE OF COLORADO )ss. COUNTY OF WELD ) The foregoing instrument was subscribed and sworn to me this L� day of 2004. WITNESS my hand and official seal. I Iyy( kAQ Notary Public My Commission Expires: ICS A; 3k' ' W ` . -. ...7. ley.1 1 ,.. 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I I FIELD CHECK Inspection Date: 7/27/04 APPLICANT: Brittara Land Company LLC c/o Phillip Wenta CASE# :AMUSR-935 REQUEST: A Site Specific Development Plan and a 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. LEGAL: Lot A RE-1331 pt of E2 SW4 of Section 36, T4N, R68W of the 6th P.M., Weld County, CO. LOCATION: North of and adjacent to CR 38 and approximately''mile west of CR 13. PARCEL ID#: 1061 36 000052 ACRES: 8.5+/-acres Zoning Land Use N A (Agricultural) N A (Agricultural) E A (Agricultural) E A (Agricultural) S A (Agricultural) S A (Agricultural) W A (Agricultural) W A (Agricultural) COMMENTS: Dry land Railroad tracks cross property, existing spur on the property. Railroad cars on railroad spur (approximately 14) Two accesses Weight shed Port-a-potty Large silo Roll off dumpster Surrounding homes in close proximity to the west, east, and south. Jacquelini-latch, Planner Hello