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Home My WebLink About20043087.tiff INVENTORY OF ITEMS FOR CONSIDERATION Applicant Stepanek Case Number USR-1484 Submitted or Prepared Prior to At Hearing Hearing 1 Staff Comments X Department of Planning Services Field Check Form X Letter to Applicant X Legal Notifications X Sign Posting Affidavit and sign picture (Exh;h,} 6A) 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 Town of Mead referral received 7/1/2004 X " 4 Referrals with comments X Weld County Department of Public Works referral received 7/6/2004 X Weld County Department of Public Health and Environment referral received X 7/27/2004 (3 pages) Weld County Building Inspection referral received 7/21/2004(2 pages) X Weld County Zoning Compliance Officer referral received 6/29/2004 (2 pages) X Weld County Sheriff's Office referral received 6/28/04 (2 pages) Town of Berthoud referral received 6/29/04 (7, d u, ,,,„ c ...ti 5 Surrounding Property Owners/Mineral Owners - Letters • 6 PC Exhibits 6A Sign Posting Affidavit X • 6B Updated Building Inspection referral (1 page) X 6c Memo re changes 9-20-2004 x 6d Compressor photo x 6e Nancy Frase representing neighborhood x 6f Gathman packet x • 6g Prudential realty letter submitted by Whipkey X • 6h 4 photos of property Ms Gale X V 61 9/21/2004 e-mail from Larimer County x ?t„141, + `''` &.,1442 %r s „�k .A rp Y 2OO4-3O87 i x I hereby certify that the 22 items identified herein were submitted to the Department of Planning Services at or prior to the scheduled Planning Commission hearing. Chris Gathman 0 Planner f&itt COLORADO LAND USE APPLICATION SUMMARY SHEET Case Number: USR-1484 Hearing Date: September 21, 2004 Applicant: James Stepanek Address: 18012 County Road 1, Berthoud, CO 80513 Request: A Site Specific Development Plan and a Special Review Permit for a Use by Right in the Industrial Zone Districts (sandblasting business) in the A (Agricultural)Zone District Legal Description: Lot A of RE-1285; Part S2SW4 of Section 31, Township 4 North, Range 68 West of the 6th P.M., Weld County, Colorado Location: East of and adjacent to County Road 1 and Approximately 1 mile south of County Road 40 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 6/29/2004 • Weld County Department of Public Health and Environment, referral received 7/29/2004 • Weld County Department of Public Works, referral received 7/6/2004 • Weld County Department of Building Inspection, referral received 7/21/2004 • Weld County Sheriffs Office, referral received 6/28/2004 • St. Vrain Valley School District, referral received 8/30/2004 • Town of Berthoud, referral received 6/29/2004 • Colorado Department of Transportation, referral received 8/25/2004 • Town of Mead, referral received 7/1/2004 Referral responses have not been received from the following agencies: • Berthoud Fire Protection District USR-1484—Stepanek 1 fet*3.4 0 • SPECIAL REVIEW PERMIT ADMINISTRATIVE REVIEW COLORADO Planner: C. Gathman Case Number: USR-1484 Hearing Date: September 21, 2004 Applicant: James Stepanek Address: 18012 County Road 1, Berthoud, CO 80513 Request: A Site Specific Development Plan and a Special Review Permit for a Use by Right in the Industrial Zone Districts (sandblasting business) in the (A) Agricultural Zone District Legal Description: Lot A of RE-1285; Pad S2 SW4 of Section 31, Township 4 North, Range 68 West of the 6th P.M., Weld County, Colorado Location: East of and adjacent to County Road 1; approximately 1 mile south of County Road 40 Parcel Size: +/-2.5 acres Parcel Number: 1061 31 000068 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 22-2-60.D A.Goal 4 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." Development standards and conditions of approval will ensure that the proposed use will be compatible with the region. 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 in the industrial zone districts as a Use by Special Review in the A(Agricultural)Zone District. USR-1484—Stepanek 2 c. Section 23-2-220.A.3 --The uses which will be permitted will be compatible with the existing surrounding land uses. There are two single family residences to the immediate north and east of the site. Agricultural parcels with single family residences are located to the south and west of the site. Development standards and conditions of approval will ensure that the proposed use will be compatible with surrounding properties. 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. This site is not located within an urban growth/IGA boundary of surrounding towns. The site is located within the 3-mile referral area for the Towns of Berthoud and Mead. The Towns of Berthoud and Mead, in their respective referrals received 6/29/2004 and 7/1/2004 indicated no conflicts with their interests. 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"prime" per the 1979 USDA Prime Farmlands Map of Weld County. However, the site is only 2.5 acres in size making it impractical for farming purposes. The applicant is intending to utilize an existing building located on the property for his sandblasting operation. 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 Scheduling the Board of County Commissioners hearing: The applicant shall either submit to the Weld County Department of Planning Services a copy of an agreement with the properties mineral owners stipulating that the oil and gas activities have adequately been incorporated into the design of the site or show evidence that an adequate attempt has been made to mitigate the concerns of the mineral owners. (Department of Planning Services) 2. Prior to recording the plat: A. The plat shall be labeled USR-1484. (Department of Planning Services) USR-1484—Stepanek 3 B. The applicant shall submit evidence of an Air Pollution Emission Notice (A.P.E.N.) and Emissions Permit application from the Air Pollution Control Division (APCD), Colorado Department of Health and Environment. Alternately, the applicant can provide evidence from the APCD that they are not subject to these requirements. (Department of Public Health & Environment) C. The applicant shall submit a dust abatement plan to the Environmental Health Services Division of Public Health & Environment for their review and approval. Evidence of Health Department approval shall be provided to the Department of Planning Services. (Department of Public Health and Environment) D. The applicant shall submit a waste and manure 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). Evidence of Health Department approval shall be submitted to the Department of Planning Services. (Department of Public Health and Environment) E. The applicant shall provide an approved access permit from Larimer County or provide written evidence from Larimer County that their concerns have been addressed. (Department of Planning Services) F. A building permit shall be applied for, approved and finaled by the Department of Building Inspection for the change of use of the existing building. 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. Written evidence that the building permit has been finaled by the Department of Building Inspection shall be provided to the Department of Planning Services. (Department of Building Inspection) G. The plat shall be amended to delineate the following: 1. The attached Development Standards. (Department of Planning Services) 2. Vicinity Map (scale 1 inch = 2000 feet or other scale if approved by the Department of Planning Services. (Department of Planning Services) 3. The building in which the sandblasting will take place shall be clearly indicated. (Department of Planning Services) H. 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) USR-1484—Stepanek 4 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(a2co.weld.co.us. (Department of Planning Services) 5. Prior to Certificate of Occupancy: A. A building permit shall be obtained prior to the construction of any new building and change of use of any existing building. (Department of Building Inspection) B. 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) 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-1484—Stepanek 5 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS James Stepanek USR-1484 1. The Site Specific Development Plan and Special Use Permit is for Use by Right in the Industrial Zone Districts (sandblasting 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. 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. (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 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) 7. 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) 8. Adequate handwashing and toilet facilities shall be provided. (Department of Public Health and Environment) 9. An Individual Sewage Disposal System (I.S.D.S.) is required for the proposed facility and shall be installed according to the Weld County I.S.D.S. Regulations. (Department of Public Health and Environment) 10. 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) 11. The facility shall have sufficient equipment available to implement dust control as required by the Weld County Department of Public Health and Environment. (Department of Public Health and Environment) 12. The facility shall utilize the existing public water supply (Little Thompson Water District). (Department of Public Health and Environment) USR-1484—Stepanek 6 13. Effective January 1, 2003, Building Permits issued on the proposed site will be required to adhere to the fee structure of the Weld County Road Impact Program. (Ordinance 2002-11) (Department of Planning Services) 14. There shall be no open burning conducted on the site, with the exception to burning defined as "agricultural open burning" as defined by Regulation No. 9 of the Colorado Air Quality Control Commission Regulations. (Department of Public Health and Environment) 15. All potentially hazardous chemicals must be stored and handled in a safe manner in accordance with product labeling and in a manner that minimizes the release of hazardous air pollutants (HAP's) and volatile organic compounds (VOC's). (Department of Public Health and Environment) 16. The proposed operation shall be operated within an enclosed building at all times. Doors to the building shall remain closed during sandblasting operations. (Department of Planning Services) 17. All equipment and materials associated with the sandblasting operation shall be stored within an enclosed building(s). 18. Hours of operation shall be from 8:00 AM to 5:00 PM as outlined in the application materials. (Department of Planning Services) 19. A semi-truck shall be allowed to access the property a maximum of 5 times per year as outlined in the application materials. (Department of Planning Services) 20. The operation shall be limited to (1) one person (no additional outside employees) as outlined in the application materials. (Department of Planning Services) 21. A building permit shall be obtained prior to the construction of any new building and change of use of the existing building. (Department of Building Inspection) 22. 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) 23. 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) 24. Building height shall be measured in accordance with the 2003 International Building Code for the purpose of determining the maximum building size and height of 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 to the farthest projection from the building. (Department of Building Inspection) 25. The operation shall comply with all applicable rules and regulations of the State and Federal agencies and the Weld County Code. (Department of Planning Services) USR-1484—Stepanek 7 26. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240, Weld County Code. 27. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250, Weld County Code. 28. 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. 29. 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. 30. 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-1484—Stepanek 8 a DEPARTMENT OF PLANNING SERVICES t•-•-‘ PHONE (970) 353-6100, EXT.3540 FAX (970) 304-6498 1555 N. 17TH AVENUE WIlDe GREELEY, COLORADO 80631 COLORADO June 18, 2004 James Stepanek do Chrysten Hinze 710 11th Ave Ste. L-60 Greeley CO 80631 Subject: USR-1484- A Site Specific Development Plan and Special Review for a Use by Right in the Industrial Zone Districts (sandblasting business) in the A (Agricultural)Zone District on a parcel of land described as Lot A of RE-1285; Pt S2SW4 of Section 31, 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 in the Hearing Room, South Weld County Planning Department, 4209 CR 24 Y, 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 and Mead Planning Commission for their review and comments. Please call Berthoud at 970-532-2643 and Meat 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 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, —� — Chris Gathman Planner / i . _ /// E \\ .,.•c .` .. ..-"wee.,�� - e_1. R_t .�-r-nos J .44 `"II — - 09 V. • aaiMilli.ift,Smin.._ • .of • - . dilialliti . • mow.- _ _ - '�, " _ 4.. a - -F v - -- - — . a " 1tcT2 t " ili i , �. _ -1:i. a =..�_..w1"----., t ,:t • H II • 1/ 2 r r '•! I ti ✓ . ' , •A�Gr1 s -.. ‘ hit •' , - id •-‘ . : 4.1 7 ... . is %� �: . li ':� . -.1.- _ --.1.41, . -• i 31..E .+- - ti r ��`_ >> �l'sti 1, - y • , • , ir' 1 ' �! - .* - 'A A . i icy " ti ' . '•.." ? • . • r, Itf �' , .�'' kmr-- - • '41 `` • If➢� -. � ._ • 7.1 - I 1 , .,.. � fr 4, `` ( 144 ,4-'''.. 4 i . .. .. ill ei t r< .w• r_ . • v 'a ' r• 1 •4 a,:_ �. 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' , I. y :1 :� ;- - - , ' c• a 7 Jr ti .- , - - ��a / �_ _ t- , " ' . ____. r.,. ., /....,..3,,.....,,, • , , L.f......„, ,.....„..._ _L....2. . .i _ �► . ‘.. ...t...1.4.11F _ J., Z, " .atinrialarj if 0. 4 1 i - r e;. • : M J. l IS i . _ K i , e a .,� ,, , lifi4A V -II., 3,. FIELD CHECK inspection date: July 27, 2004 CASE NUMBER: USR 1484 APPLICANT: James Stepanek LEGAL DESC: Lots A of RE-1285; Part of the S2 SW4 of Section 31, Township 4 North, Range 68 West of the 6th PM, Weld County, CO LOCATION: West of and adjacent to County Road 1; Approximately 1 mile south of County Road 40. Zoning Land Use N A (Agricultural) N Single Family Residence E A (Agricultural) E Single Family Residence S A (Agricultural) S Farmground/single family residence W A (Agricultural) W Single Family residence Single-family residence and two outbuildings located on the property. Two single family residences are located to the immediate north and east of the property. Trees and wooden fence located along north property line. Chris Gathman Planner II, AICP Hello