The URL can be used to link to this page

Browse Search

Home My WebLink About20040820.tiff INVENTORY OF ITEMS FOR CONSIDERATION Applicant John Walkusch Case Number USR-1428 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 Picture of sign posting X Legal Notifications X 2 Application X Maps Deed/Easement Certificate Surrounding Property/Mineral Owners Utilities 3 Referral List X Referrals without comment Y Colorado Division of Wildlife referral received 5/23/2003 4 Referrals with comments X Weld County Department of Public Works referral received 5/16/2003 Weld County Department of Public Health and Environment referral received 6/5/2003 (3 pages) Weld County Department of Building Inspection referral received 5/13/2003 (2 pages) Weld County Zoning Compliance referral received 4/22/2003 (2 pages) ` Weld County Planning (Kim Ogle) referral received 5/13/2003 Weld County Sheriff's Office referral received 6/13/2003 ` Windsor-Severance Fire Protection District referral received 5/12/2003 (2 pages) Town of Windsor referral received 5/27/2003 Colorado Department of Transportation referral received 5/1/2003 City of Greeley referral received 5/1/2003 West Greeley Soil Conservation District referral received 5/7/2003 (3 pages) ' 5 Surrounding Property Owners/Mineral Owners - Letters X 5A Letter from Roberta Feather, Diana Jensen &Carol Jensen Dated 3/30/2002 X 5B Letter from Ted & Leona Myers Dated 4/10/2003 X S 2004-0820 5C Letter&attached letter from Ted Myers received 4/25/2003 X I hereby certify that the 20 items identified herein were submitted to the Department of Planning Services at or prior to the scheduled Board of County Commissioners hearing. Chris Gathman + Planner II-AICP 46sesri LAND USE APPLICATION SUMMARY SHEET COLORADO Case Number: USR-1428 Hearing Date: July 1, 2003 Applicant: John Walkusch Address: 12439 Highway 392, Greeley, CO 80631 Request: A Site Specific Development Plan and a Special Review Permit for a Use by Right,Accessory Use or Use by Special Review in the C (Commercial)or I (Industrial)Zone Districts (repair work on heavy duty trucks and farm equipment) in the A (Agricultural)Zone Legal Description: SE-485; Part of the SW4 Section 18, Township 6 North, Range 66 West of the 6th P.M., Weld County, Colorado Location: Approximately 600-feet north of Highway 392 and 1 mile east of Weld County Road 25 Size of Parcel: +/-2.5 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 4/22/2003 • Weld County Department of Public Health and Environment, referral received 6/5/2003 • Weld County Department of Public Works, referral received 5/16/2003 • Weld County Department of Building Inspection, referral received 5/13/2003 • Weld County Department of Planning Services, referral received 5/13/2003 • Weld County Sheriff's Office, referral received 6/13/2003 • Windsor-Severance Fire Protection District, referral received 5/12/2003 • West Greeley Soil Conservation District, referral received 5/7/2003 • Weld County Long Range Planner, referral received 5/13/2003 • Colorado Division of Wildlife, referral received 5/22/2003 • Colorado Department of Transportation, referral received 5/1/2003 • City of Greeley, referral received 5/1/2003 Referral responses have not been received from the following agencies: Town of Severance EXHIBIT USR-1428 Walkusch 1 SPECIAL REVIEW PERMIT ADMINISTRATIVE REVIEW COLORADO Planner: C. Gathman Case Number: USR-1428 Hearing Date: July 1, 2003 Applicant: John Walkusch Address: 12439 Highway 392 Greeley, CO 80631 Request: A Site Specific Development Plan and a Special Review Permit for a Use by Right, Accessory Use or Use by Special Review in the C (Commercial) or I (Industrial) Zone Districts (repair work on heavy duty trucks and farm equipment) in the (A) Agricultural Zone District Legal Description: SE-485; Part SW4 Section 18, Township 6 North, Range 66 West of the 6th P.M., Weld County, Colorado Location: Approximately 600-feet north of Highway 392; 1 mile east of Weld County Road 25 Parcel Size: +/-2.5 acres Parcel Number: 0805 18 000044 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.3--The uses which will be permitted will not be compatible with the existing surrounding land uses. There are two single family residences adjacent to the proposed USR site. These residences share the same access as the applicant. Other adjacent properties consist of cropland to the north, south, and east and west. The next nearest single family residence is located approximately 1/2 mile from the site. The proposed site is located off of Highway 392 and relies on a private road for access into the property. This access is shared with three other property owners. The property owners signed an access agreement for joint use and maintenance of the access road in 1994. Two of the other parties using the road have indicated support for this request. However, the remaining property owner who signed the access agreement for the road has not provided a letter indicating no concerns nor support for this request. Planning USR-1428 Walkusch 2 staff has consistently viewed the use of a private access for a special use permit as a substantial change to the access agreement and have required consent from all users of the access prior to recommending approval of such request. The applicant does not have consent from all parties that have signed the access agreement and the Department of Planning Services is therefore recommending denial of this application. The sole reason for the recommendation of denial of this application is access. The Department of Planning Services has no other issues with this application. 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 recommend approval of this application, the Department of Planning Services' staff recommends the following conditions and development standards be attached: 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 either submit to the Weld County Department of Planning Services a copy of an agreement with the properties mineral owners/operators 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. The applicant shall address the requirements of the Colorado Department of Transportation (CDOT)as outlined in their referral received May 1, 2003. Written evidence of CDOT approval shall be submitted to the Department of Planning Services. Written evidence of such shall be provided to the Department of Planning Services. (CDOT) B. The applicant shall attempt to address the requirements of the Windsor-Severance Fire District as outlined in their referral received May 12, 2003. Written evidence of such shall be submitted to the Department of Planning Services. (Windsor-Severance Fire District) C. The applicant shall attempt to address the recommendations of the City of Greeley as outlined in their referral received May 1, 2003. Written evidence of such shall be submitted to the Department of Planning Services. (City of Greeley) D. A building permit shall be obtained for the existing buildings associated with the use unless evidence can be submitted that a permit and all required inspections were performed. Building Permit applications shall include all uses to which the buildings are, or will be, used. A plot plan shall be submitted showing all structures with accurate distances between structures, and from structures to all property lines. (Department of Building Inspection) E. A plan review is required for each building for which a building permit is required. Plans for the shop shall include a floor plan and a complete description of the extent of the work that will be done to repair vehicles. Two complete sets of plans are required when applying for each permit. (Department of Building Inspection) USR-1428 Walkusch 3 F. The applicant shall abandon the cesspool in accordance with Weld County Code. Written verification or physical evidence that the cesspool has been properly abandoned shall be submitted to the Weld County Planning Department and the Weld County Department of Public Health and Environment. (Department of Public Health & Environment) G. Submit a dust abatement plan to the Environmental Health Services, Weld County Department of Public Health & Environment, for approval prior to operation. (Department of Public Health & Environment) J. 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 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 & Environment) K. The applicant shall submit a screening plan for review and approval by the Department of Planning Services. Types and height of screening materials shall be delineated in the screening plan. (Department of Planning Services) L. The West 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) M. The applicant shall attempt to address the recommendations of the Weld County Sheriffs Office as outlined in their referral dated June 13, 2003. (Weld County Sheriff's Office) N. The existing semi trailers stored on the property shall be screened from adjacent properties and rights-of-way and shall be currently licensed. Evidence of such shall be submitted to the Department of Planning Services. (Department of Planning Services) O. The plat shall be amended to delineate the following: 1. The plat shall be labeled USR-1428 2. The attached Development Standards. (Department of Planning Services) 3. The proposed internal traffic circulation pattern shall be indicated. (Department of Planning Services) 4. The applicant shall address the requirements of the Americans with Disabilities Act on the plat. A minimum of one (1) handicapped space is required. Typically, one parking space shall be van accessible with a five foot wide landing between parking spaces. Access from the parking area into the structure shall be indicated. (Department of Planning Services) 5. The approved screening and buffering plan. (Department of Planning Services) USR-1428 Walkusch 4 O. 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 maos(@co.weld.co.us. (Department of Planning Services) 5. Prior to Certificate of Occupancy: A. If the applicant does not include the existing home within the USR boundaries an individual sewage disposal system is required for the proposed shop and shall be installed according to the Weld County Individual Sewage Disposal Regulations. (Department of Public Health & Environment) B. The septic system is required to be designed by a Colorado Registered Professional Engineer according to the Weld County Individual Sewage Disposal Regulations. (Public Health & Environment) 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-1428 Walkusch 5 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS John Walkusch USR-1428 1. The Site Specific Development Plan and Special Use Permit is for a Use by Right, Accessory Use or Use by Special Review in the C(Commercial)or I (Industrial)Zone Districts(repair work on heavy duty trucks and farm equipment) 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 equipment and vehicles to be repaired shall be stored inside existing buildings and/or within the fenced storage area. (Department of Planning Services) 4. No outside repair or maintenance/oil changes shall be conducted with the exception of routine maintenance. (Department of Planning Services) 5. The off-street parking spaces including the access drive shall be surfaced with gravel or equivalent and shall be graded to prevent drainage problems. Each parking space adjacent to the building shall be equipped with a wheel guard or curb stop where necessary to prevent from extending beyond the boundaries of the space and from coming into contact with other vehicles,walls,fences,or plantings. (Department of Public Works) 6. 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 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) 7. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100,5, C.R.S., as amended) shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. (Department of Public Health & Environment) 8. 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 & Environment) 9. 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 & Environment) 10. In accordance with the Underground and Above Ground Storage Tank Regulations(7 CCR 1101-14) a spillage retention berm shall be constructed around the tank battery. The volume retained by the spillage berm should be greater than the volume of the largest tank inside the berm. Alternative protective measures may be allowed provided they comply with the Above Ground Storage Tank Regulations. (Department of Public Health & Environment) USR-1428 Walkusch 6 11. 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 & Environment) 12. This facility shall adhere to the maximum permissible noise levels allowed in the Residential Zone as delineated in 25-12-103 C.R.S., as amended. (Department of Public Health & Environment) 13. 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(HAP's)and volatile organic compounds (VOC's). (Department of Public Health & Environment) 14. The applicant shall operate in accordance with the approved "waste handling plan". (Department of Public Health & Environment) 15. Adequate handwashing and toilet facilities shall be provided. (Department of Public Health & Environment) 16. 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 & Environment) 17. A permanent, adequate water supply shall be provided for drinking and sanitary purposes. (Department of Public Health & Environment) 18. Effective January 1, 2003, Building Permits issued on the lot will be required to adhere to the fee structure of the Countywide Road Impact area (Ordinance 2002-11). (Department of Planning Services) 19. The screening on site shall be maintained in accordance with the approved Screening Plan. (Department of Planning Services) 20. The Special Use Permit shall not be transferable to any successors in interest to the prescribed property and shall terminate automatically upon conveyance or lease of the property to others for operation of the facility. (Department of Planning Services) 21. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240, Weld County Code. 22. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250, Weld County Code. 23. Weld County Personnel shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Development Standards stated herein and all applicable Weld County regulations. 24. 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. 25. The property owner or operator shall be responsible for complying with all of the foregoing USR-1428 Walkusch 7 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-1428 Walkusch 8 Chris Gathman USR-1428 (Walkusch)," Page 1 From: Chris Gathman To: Beckman, DIANE; salzman, Bethany Date: 11/5/03 4:03PM Subject: USR-1428 (Walkusch) I spoke to John Walkusch Wednesday, November 5. I informed him he either needed to provide an agreement from oil & gas or evidence that he has attempted to address the concerns of oil & gas owners/operators. He indicated that he will be sending me a letter shortly. As soon as this is received the case file will be forwarded to the Clerk to the Board's office for scheduling. DEPARTMENT OF PLANNING SERVICES WI I C PHONE (970) 353-61 00, E4.6498 FAX X (9(970)304-6498 1555 N. 17TH AVENUE COLORADO GREELEY, COLORADO 80631 April 21, 2003 John Walkusch 12439 Hwy 392 Greeley, CO 80631 Subject: USR-1428- Request for a Site Specific Development Plan and a Special Review Permit for a Use by Right, Accessory Use or Use by Special Review in the Commercial or Industrial Zone Districts (repair work on heavy duty trucks and farm equipment)on a parcel of land described as SE-485;part SW4 Section 18,T6N, R66W 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 July 1, 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 Greeley, Severance and Windsor Planning Commission for their review and comments. Please call Greeley at(970)350-9780,Severance at(970)686-1218 and Windsor at(970)686- 7476 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 Greeley, Severance and Windsor 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 often 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, Chris Gathman Planner y :, r ' .z( 'i - . -I'Y •%.;"' .7 x ;� NOTICE �' hyl�.� "; Ylfi�Pc. WING. 'RA(In t C • • .' :s � ' A PUBLIC HEARING CONCERNING . H.1 - 1.10 ,"I. ,' 'y THIS PROPERTY WILL BE HELD AT: , ' ';i. � ' .• •• 1 : 1 `' OK -- - 1 , 20Q3AT I' -L) �. . •, -,, i � i ` NAME - ir v..., , .z k V.su5LL... ►��f�"' .r. •` -ice• Z Q...\ L) &n-.- ` T✓ "• • S-' .. - '. . J cit . f't...vwy S.iN .t S•/Y• b.• sr...] . s , :. REQUEST ."? *._ c ic. :a: . cry.}+. '- CASE HO. -- 2. ACRES i .K,f.: FOR MORE INFORMATION CALL • r f ' `y• WEED COUNTY DEPARTMENT OF '' - H. , . `' k " PUNNING SERVICES AT k T'r0 )353 -6100 ext. 3540 yQp `` ��S7 ' S1 S+M a i�1 `�'i ` •�' _ .. . .'` -, 1_'(i' j. .. \ i � ( xi , -. T_TLC, _ ywb./‘ 3 - - 7 i___-f ... _,..� ; _ _ , . _ . ._ , __ rea- _ l r' �� S • --- n ai. • - _4 _ 4 • • t * ,7 • - yi-•.• .a,., __�_ ,— . Imo, -iga — .. _• • ^ . - . . -L �.•� .t • , ' lat =ecnicsalrasainairaii-,— -.woe - Aileaai7..-4.--- ' I . . - -- - ID 040"... 0 1 It -,� - _ ♦lam J • a ,!S.� � ' I. . . s -....L. , c :_.'SL:.=mil". . -. ,. -e • - ...:.s. __ .`I .. .... - -. r`-ir .rte-.. WIENS . .✓ - ).--.....72I, r.%R' - — r • . - . . . - . .o - .14.--.114,4* =earls .Alle• ^- "VF • v-. .1 w.t• _-:.-� - . f N ♦ • !. ' \\ • 'lei • • • T t . rJi�to". y P. O• _ 7 -04, ! t: .: a -' 11111 . .111 W BFr K I t ..Q �.r ♦: --••••• .440 y� R Err': r. lif - �_a 5.....--;-. .- •tFl/�t _._- _-- t, w r j. .0 Its: �4, yi' v�' ,, � �� ' ^ � R - _ - 46 • II f «- . iiiitta_.. . .__ _ Ift .. ., lit: all•• • I . .% C ii r i e • Y141 1 , ' L . 1 - r: . ..., - . - - _..,, , \ , . ........ . t., .'• fill ,\ .A;., a;II - I 'r iv. j : V . ..747 •. r ' Ssn. _. J . . , • ..! ,. b:4 • -C- a � �- ••• - . ..s. I S I ?II lk S es Se. . • • 14 ` u a S it . . 4.;t is- J • �. . .. __ e • W. - ,-, FIELD CHECK inspection date: June 13, 2003 CASE NUMBER: USR 1428 APPLICANT: John Walkusch LEGAL DESCRIPTION: SE-485; Part of the SW4 Section 18, Township 6 North, Range 66 West of the 6th PM, Weld County, CO LOCATION: Approximately 600-feet North of Highway 392; 1/2 mile east of Weld County Road 25 Zoning Land Use N A (Agricultural) N Agricultural land E A (Agricultural) E Agricultural land S A (Agricultural) S Two adjacent single family residences W A (Agricultural) W Agricultural land, single family residence/chiropractor clinic approx. 1/2 mile to the west f The site has an existing single family residence and outbuildings. * The applicant is using an existing garage to do maintenance work on vehicles. proposed outdoor storage will be located on north side of existing garage and applicant is proposing to screen it with a wall/fence. Chris Gathman Planner II, AICP Hello