HomeMy WebLinkAbout20040806.tiff INVENTORY OF ITEMS FOR CONSIDERATION
Applicant Mike Whistance &Tony Dowdy Case Number USR-1459
do Tammy Ellerman
Submitted or Prepared
Prior to At
Hearing Hearing
1 Staff Comments X
Department of Planning Services Field Check Form X
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
Ft. Lupton Fire Protection District, referral received 12/29/2003 &01/19/2004 X
Weld County Zoning Compliance, referral received 12/11/2003 X
4 Referrals with comments X
Platte Valley Soil Conservation District, referral received 01/09/2004 X
City of Ft. Lupton, referral received 1/14/2004 X
Coiorado Departtment of Transportation, referral received 12/17/2003 X
Weld County Department of Planning Services, landscape review, referral X
received 01/19/2004
Weld County Department of Public Health and Environment, referral received X
01/14/2004
Weld County Department of Building Inspection, referral received 01/21/2004 X
Department of Public Works, referral received 01/08/2004 X
5 Surrounding Property Owners- Letters X
5.a Jack Walker, received 2/5/2004 X
6 PC Exhibits X
6.a T& M Truck and Auto, received 2/17/2004 X
7 Planning Commission Resolution X
I hereby certify that the Twenty-One items identified herein were submitted to the Department of Planning Services at or prior to the
scheduled Board of CPS unty Commissioners hearing.
EXHIBIT
Jacqueline Hatch fi Planner
2004-0806
4rnotri
wiip ie
COLORADO LAND USE APPLICATION
SUMMARY SHEET
Case Number: USR-1459 Hearing Date: February 17, 2004
Applicant: Mike Whistance & Tony Dowdy c/o Tammy Ellerman, Orr Land Company
Address: 826 9th Street Greeley, CO 80631
Request: A Site Specific Development Plan and a Special Review Permit for a business
permitted as a Use by Right in the Commercial Zone District (vehicle sales and
detailing establishment) in the A (Agricultural)Zone District
Legal Description: Part of Lot 1 of RE-1039; part of the NW4 of Section 20, Township 2 North,
Range 66 West of the 6th P.M., Weld County, Colorado
Location: South of and adjacent to County Road 20; East of and adjacent to Highway 85
Size of Parcel: 1.69 +/- acres for USR, 3 +/- acres total
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 December 11, 2003
• Weld County Department of Public Health and Environment, referral received January 14, 2004
• Weld County Department of Public Works, referral received January 8, 2004
• Weld County Department of Building Inspection, referral received January 21, 2004
Fort Lupton Fire Protection District, referral received December 29, 2003 & January 19, 2004
Platte Valley Soil Conservation District, referral received January 9, 2004
• Weld County Long Range Planner, referral received January 19, 2004
• Colorado Department of Transportation, referral received December 17, 2003
• City of Fort Lupton, referral received January 14, 2004
The Department of Planning Services'staff has not received responses from the following agencies:
• Colorado Division of Wildlife
EXHIBIT
USR-1459 Mike Whistance&Tony Dowdy Page 1 of 10
/atstil
SPECIAL REVIEW PERMIT
W�`ID O • ADMINISTRATIVE REVIEW
COLORADO
Planner: Jacqueline Hatch
Case Number: USR-1459 Hearing Date: February 17, 2004
Applicant: Mike Whistance & Tony Dowdy c/o Tammy Ellerman, On Land Company
Address: 826 9`h Street Greeley, CO 80631
Request: A Site Specific Development Plan and a Special Review Permit for a business
permitted as a Use by Right in the Commercial Zone District (vehicle sales and
detailing establishment) in the A (Agricultural)Zone District
Legal Description: Part of Lot 1 of RE-1039; part of the NW4 of Section 20, Township 2 North,
Range 66 West of the 6th P.M., Weld County, Colorado
Location: South of and adjacent to County Road 20; East of and adjacent to Highway 85
Size of Parcel: 1.69 +/- acres for USR, 3 +/-acres total
Parcel Number: 1309 20 000041
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.
Section 23-2-30.A.1. -The proposed Site Specific Development Plan and Special Review
Permit for a business permitted as a Use by Right in the Commercial Zone District
(vehicle sales and detailing establishment) in the A (Agricultural) Zone District is not
consistent with Article XII, Coordinated Planning Agreements for the City of Fort Lupton.
Section 19-12-10 states "This Coordinated Planning Agreement is made and entered into
effective as of the 14th day of November, 2000, A.D. between the County of Weld, State
of Colorado, whose address is 915 10th Street, P.O. Box 758, Greeley, CO 80632,
USR-1459 Mike Whistance&Tony Dowdy Page 2 of 10
hereinafter called the "County," and the City of Fort Lupton, a Colorado Municipal
corporation, whose address is 130 S. McKinley, P O. Box 148, Fort Lupton, CO 80621,
hereinafter called the "municipality."
Section 19-12-50, titled Planning Coordination states "This Agreement is intended to be a
Comprehensive Development Plan adopted and implemented pursuant to Section 29-20-
105(2), C.R.S. Following the execution of this Agreement by both parties, County
Development approvals in the municipality's Referral Area will be processed and
determined in accordance with the following:
Section 19-12-50.B Development outside Urban Growth Area, states "To the extent
legally possible, the County will disapprove proposals for Urban Development in areas of
the Municipal Referral Area outside the Urban Growth Area."
This application was reviewed utilizing the definitions outlined in the Inter-Governmental
Agreement (IGA) for the City of Fort Lupton. By definition, this application is considered
development, as stated in the IGA, "Any land use requiring regulatory approval by the
elected governing body of the applicable party in the Urban Growth Area...." Given this
condition, the Department of Planning Services is recommending denial of the
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 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 recording the plat:
A. The applicant shall submit a revised Landscape/Screening Plan for review and approval
to the Department of Planning Services addressing the concerns in the referral received
January 19, 2004 from Kim Ogle, Planning Manager. (Department of Planning Services)
B. The applicant shall provide the Department of Planning Services with documentation as
to how the outside storage will be screened per Section 23-3-250.A.9 of the Weld County
Code. (Department of Planning Services)
C. The applicant shall obtain written approval from the Fort Lupton Fire Protection District
stating that the facility is in compliance with the Fire Code. (Department of Planning
Services)
D. The applicant shall attempt to address the requirements (concerns) of the City of Fort
Lupton, as stated in the referral response dated January 14, 2004. Evidence of such
shall be submitted in writing to the Weld County Department of Planning Services.
(Department of Planning Services)
E. The Platte Valley 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. (Department of Planning Services)
F. The applicant shall provide evidence to the Department of Public Health and Environment
that any vehicle washing area will be designed and constructed to capture all effluent and
prevent any discharges from the washing of vehicles in accordance with the Rules and
USR-1459 Mike Whistance&Tony Dowdy Page 3 of 10
Regulations of the Water Quality Control Commission and the Environmental Protection
Agency. Evidence of approval shall be provided to the Department of Planning Services.
(Department of Public Health and Environment)
G. The applicant shall submit evidence of an Underground Injection Control (UIC) Class V
Injection Well permit from the Environmental Protection Agency (EPA) for any vehicle
maintenance facility located on the site that is equipped with a floor drain. Alternately,
the applicant can provide evidence from the EPA that they are not subject to the EPA
Class V requirements. (New EPA rule effective 4/5/2000). Evidence of approval shall be
provided to the Department of Planning Services. (Department of Public Health and
Environment)
H. 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 provided 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)
Section 23-3-250.A.1 of the Weld County Code states that users of land shall provide and
maintain stormwater retention facilities designed to retain the stormwater runoff in excess
of historic flow from the undeveloped site. The stormwater retention facility on a
developed site shall be designed for a one-hundred-year storm. The stormwater
retention facility shall be designed and operated to release the retained water at a
quantity and rate not to exceed the quantity and rate of a five-year storm falling on the
undeveloped site. The application materials state that the storm water will run into
adjacent ditches. There was no supporting documentation stating how this is
accomplished. The applicant shall contact the Weld County Department of Public Works
to further discuss this issue. The applicant shall provide the Department of Planning
Services with evidence that a solution has been reached to the satisfaction of the
Department of Public Works. (Department of Planning Services)
J. The applicant shall provide the Department of Planning Services with a property
maintenance plan for review and approval. (Department of Planning Services)
K. The applicant shall provide written evidence that all proposed signs are in compliance
with Section 23-4-90 of the Weld County Code. (Department of Planning Services)
L. The applicant shall enter into a Private Improvements Agreement according to policy
regarding collateral for 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 submit evidence
that all the work has been completed and reviewed by the Department of Planning
Services and the Department of Public Work. (Department of Planning Services)
USR-1459 Mike Whistance&Tony Dowdy Page 4 of 10
M. The plat shall be amended to delineate the following:
1. The attached Development Standards. (Department of Planning Services)
2. All plats shall be labeled USR-1459 (Department of Planning Services)
3. The approved Landscape/Screening Plan. (Department of Planning Services)
4. The approved Signage Plan. (Department of Planning Services)
5. The plat shall be in compliance with Section 23-3-250 A. and B. of the Weld
County Code. (Department of Planning Services)
6. All traffic for USR-1459 shall utilize the existing thirty (30) foot access road
parallel to the east side of the property. No access shall be provided from the
frontage road or directly off of County Road 20 for this Use by Special Review.
(Colorado Department of Transportation & Department of Planning Services)
7. County Road 20 is designated on the Road Capital Improvement plan in the
County Wide Impact Fee Code Ordinance, Section 20-1-30, as a local gravel
road, which requires 60 feet of right-of-way at full build out. There is presently 60
feet of right-of-way. A total of 30 feet from the centerline of County Road 20 shall
be delineated right-of-way on the plat. This road is maintained by Weld County.
(Department of Public Works)
8. US Highway 85 Access Corridor Plan identifies the intersection of US Highway
85 and County Road 20 (MP 245.19) as a public road, unsignalized intersection.
The intersection is a highway access with full movement, at grade, stop condition
intersection. All acceleration/deceleration lanes, with exception of left turn
acceleration lanes will be improved to meet design requirements and standards.
US Highway 85 Access Corridor Plan identifies this intersection as a left and right
movement. (Department of Public Works)
9. Section 23-3-250.A.2 of the Weld County Code addresses parking. Sufficient
screened, off-street, paved parking areas shall be provided to meet the
requirements of employees, company vehicles, visitors and customers of the
Uses Allowed by Right and Accessory Uses. Appendix 23-A describes the
design requirements for parking spaces and Appendix 23-B delineates the
number of parking spaces required by use for this property.
The proposed facility has office, retail and sales and warehouse uses. The
parking requirement for office uses are one space for every two employees plus
one space per 500 SF. The area delineated on the drawings submitted is 570
SF, with written documentation stating there are four employees on premises,
therefore three (3) parking spaces are required for the office area. The Retail
sales and service area requires one parking space per each 200 SF of area. The
area delineated on the drawings submitted is 372 SF therefore two (2) spaces
are required. The warehouse area requires one space for every 1000 SF of
area. The area delineated on the drawings submitted is 2088 SF therefore two
(2) spaces are required, plus one for every three employees. The application
materials states there will be nine individuals utilizing the site daily, therefore,
three (3) additional parking spaces are required. Total parking required for this
USR-1459 Mike Whistance&Tony Dowdy Page 5 of 10
facility is 10 parking spaces of which one must meet the requirements of the
Americans with Disabilities Act. (Department of Planning Services)
10. Each parking space shall be equipped with a wheel guard or a curb stop where
needed to prevent vehicles from extending beyond the boundaries of the spaces
and from coming into contact with other vehicles, walls, fences or plantings.
(Department of Public Works)
11. The location of the loading zone that is in compliance with Section 23-4-50 of the
Weld County Code. There shall not be parking or staging of trucks within the
public right-of-way. (Department of Planning Services)
12. Section 23-3-250.A.6 of the Weld County Code addresses the issue of trash
collection areas. Areas used for storage or trash collection shall be screened
from adjacent 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. (Department of Planning Services)
13. Section 23-3-250.B addresses operation standards for Commercial uses. The
applicant shall address the issue of on-site lighting, including security lighting if
applicable. Subsection F. states "any lighting ... shall be designed, located and
operated in such a manner as to meet the following standards: sources of light
shall be shielded so that beams or rays of light will not shine directly onto
adjacent properties...." (Department of Planning Services)
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)
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).
Thisdigitalfilemaybesenttomaps@co.weld.co.us. (Department of Planning Services)
4. Prior to the release of building permits:
A. No use or accessory use may be located closer than twenty-five (25) feet to the existing
or proposed (whichever represents the greater right-of-way width) highway or street right-
of-way. 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. There was not a scaled
elevational drawing of the elevated display structure included in the application materials,
therefore, prior to the release of building permits, the set back shall be verified given the
USR-1459 Mike Whistance&Tony Dowdy Page 6 of 10
•
existing proposed site conditions, specifically addressing the elevated display areas.
Written evidence of compliance shall be submitted to the Department of Planning
Services. (Department of Planning Services)
B. No use or accessory use may be located closer than ten (10)feet to its lot line. Off-street
parking areas may be permitted in the required offset area when the area is screened
from adjacent lots zoned R-1, R-2, R-3, R-4 or R-5. Fences over six (6) feet in height are
not required to comply with the minimum OFFSET and may be located on the property
line. The plans submitted with the application materials have not delineated the offset.
There was not an elevational drawing of the structure included in the application
materials, therefore, prior to the release of building permits, the offset shall be verified.
(Department of Planning Services)
5. Prior to Certificate of Occupancy:
A. An individual sewage disposal system is required for the proposed steel building and
shall be installed according to the Weld County Individual Sewage Disposal Regulations.
(Department of Public Health and 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.
(Department of Public Health and 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-1459 Mike Whistance&Tony Dowdy Page 7 of 10
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Mike Whistance&Tony Dowdy
T&M Truck&Auto
USR-1459
1. A Site Specific Development Plan and a Special Review Permit for a business permitted as a Use
by Right in the Commercial Zone District (vehicle sales and detailing establishment) 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 traffic for USR-1459 shall utilize the existing thirty (30) foot access road parallel to the east
side of the property. No access shall be provided from the frontage road or directly off of County
Road 20 for this Use by Special Review. (Colorado Department of Transportation & Department
of Planning Services)
4. Hours of operation shall be from 8:00am to 6:00pm Monday through Saturday, closed on Sunday
as requested in the application material. (Department of Planning Services)
5. 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 and
Environment)
6. 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)
7. 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)
8. The applicant shall operate in accordance with the approved "waste handling plan". (Department
of Public Health and Environment)
9. Any vehicle washing area(s) shall capture all effluent and prevent discharges from the washing of
vehicles in accordance with the Rules and Regulations of the Water Quality Control Commission,
and the Environmental Protection Agency. (Department of Public Health and Environment)
10. Fugitive dust and fugitive particulate emissions shall be controlled on this site. (Department of
Public Health and Environment)
11. This facility shall adhere to the maximum permissible noise levels allowed in the Commercial
Zone as delineated in 25-12-103 C.R.S., as amended. (Department of Public Health and
Environment)
USR-1459 Mike Whistance&Tony Dowdy Page 8 of 10
12. Adequate handwashing and toilet facilities shall be provided for employees and patrons of the
facility. (Department of Public Health and Environment)
13. 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)
14. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
(Commercial Well) (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. Off street parking, display parking, vehicle overflow area, and the access drive shall be surfaced
with recycled asphalt, gravel, or the equivalent and shall be graded to prevent drainage problems
and dust control. (Department of Public Works)
17. Effective January 1, 2003, Building Permits issued on the proposed lots will be required to adhere
to the fee structure of the Weld County Road Impact Program. (Ordinance 2002-11) (Department
of Planning Services)
18. The landscaping on site shall be maintained in accordance with the approved Landscape Plan.
(Department of Planning Services)
�-. 19. Property shall be maintained in such a manner that grasses and weeds are not permitted to grow
taller than twelve (12) inches. In no event shall the property owners allow the growth of noxious
weeds. (Department of Planning Services)
20. 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. (Platte Valley Soil
Conservation District)
21. Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties
where such would cause a nuisance or interfere with the use on the adjacent properties in
accordance with the plan. Neither the direct nor reflected light from any light source may create a
traffic hazard to operators of motor vehicles on public or private streets. No colored lights may be
used which may be confused with or constructed as traffic control devices. (Department of
Planning Services)
22. The property owner shall allow any mineral owner the right of ingress or egress for the purposes
of exploration development, completion, recompletion, re-entry, production and maintenance
operations associated with existing or future operations located on these lands. (Department of
Planning Services)
23. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code.
24. The property owner or operator shall be responsible for complying with the Operation Standards
of Section 23-2-250,Weld County Code.
USR-1459 Mike Whistance&Tony Dowdy Page 9 of 10
25. Personnel from Weld County Government shall be granted access onto the property at any
reasonable time in order to ensure the activities carried out on the property comply with the
Development Standards stated herein and all applicable Weld County regulations.
26. The Special Review area shall be limited to the plans shown hereon and governed by the
foregoing standards and all applicable Weld County regulations. Substantial changes from the
plans or Development Standards as shown or stated shall require the approval of an amendment
of the Permit by the Weld County Board of County Commissioners before such changes from the
plans or Development Standards are permitted. Any other changes shall be filed in the office of
the Department of Planning Services.
27. The property owner or operator shall be responsible for complying with all of the foregoing
Development Standards. Noncompliance with any of the foregoing Development Standards may
be reason for revocation of the Permit by the Board of County Commissioners.
USR-1459 Mike Whistance&Tony Dowdy Page 10 of 10
a
DEPARTMENT OF PLANNING SERVICES
PHONE (970)353-6100, EXT.3540
FAX (970)304-6498
WILDI 1555 N. 17TH AVENUE
O GREELEY, COLORADO 80631
C.
COLORADO
January 13, 2004
Mike Whistance &Tony Dowdy
do Tammy Ellerman
Orr Land Company
826 9th Street
Greeley CO 80631
Subject: USR-1459- Request for a Site Specific Development Plan and Special Review Permit for a business
permitted as a use by right in the Commercial Zone District(vehicle sales and detailing establishment) in
the A (Agricultural)Zone District on a parcel of land described as Lot 1 of RE-1039; NW4 of Section 20,
T2N, R66W of the 6th P.M., Weld County, Colorado.
Dear Applicants: PLEASE NOTE THE CHANGE IN THE CASE NUMBER FOR YOUR RECORDS. IT CAME TO YOU
FORMERLY AS USR-1457.
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 February 17, 2004, at 1:30 p.m. This meeting will take place at the
Southwest Weld County Complex, 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 Fort Lupton Planning Commission for their review and comments.
Please call Fort Lupton at(303) 857-6694 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 Fort Lupton 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,
Jacqueline Hatch
Planner
Kits
DEPARTMENT OF PLANNING SERVICES
PHONE (970) 353-6100, EXT.3540
FAX (970) 304-6498
1555 N. 17TH AVENUE
WilDe GREELEY, COLORADO 80631
COLORADO
December 9, 2003
Mike Whistance&Tony Dowdy
c/o Tammy Ellerman
Orr Land Company
826 9'Street
Greeley CO 80631
Subject: USR-1457- Request for a Site Specific Development Plan and Special Review Permit for a business
permitted as a use by right in the Commercial Zone District(vehicle sales and detailing establishment) in
the A (Agricultural)Zone District on a parcel of land described as Lot 1 of RE-1039; NW4 of Section 20,
T2N, 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 February 17, 2004, at 1:30 p.m. This meeting will take place at the -
Southwest Weld County Complex, 4209 CR 24 YA, 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 Fort Lupton Planning Commission for their review and comments.
Please call Fort Lupton at(303) 857-6694 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 Fort Lupton 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.
Res e
Jacquelin
Planner
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PLANNING COMMISSION SIGN POSTING CERTIFICATE - -
THE LAST DAY TO POST THE SIGN IS: [CS , 1-9,72-UM. THE SIGN SHALL BE
POSTED ADJACENT TO AND VISIBLE FROM A PUBLICLY MAINTAINED ROAD RIGHT-OF-WAY. IN THE
EVENT THE PROPERTY BEING CONSIDERED FOR A SPECIAL REVIEW IS NOT ADJACENT TO A
PUBLICLY 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 PUBLICLY MAINTAINED
ROAD RIGHT-OF-WAY.
I HEREBY CERTIFY UNDER THE PENALTIES OF PERJURY THAT THE SIGN WAS POSTED ON THE
PROPERTY AT LEAST 10 DAYS BEFORE THE PLANNING COMMISSION HEARING FOR USR- I't SGT
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THE SIGN WAS POSTED BY:
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NAME OF PERSON POSTING SIGN
41,44-1,\-
SIGNATLE FOR PERSON POSTING SIGN
STATE OF COLORADO)
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COUNTY OF WELD )
SUBSCRIBED AND SWORN TO ME THIS DAY OF L(u Y ,,11;:- .11-
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NOTARY PUBLIC
MY COMMISSION EXPIRES:_1. Ct]
THIS FORM SHALL BE PLACED IN THE APPROPRIATE FILE FOR THE ABOVE CASE.
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WELD COUNTY DEPARTMENT OF . _ � J _
PLANNING SERVICES AT . ,.��— -, ', . .
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FIELD CHECK
CASE NUMBER: USR-141S9 DATE OF INSPECTION:
APPLICANT'S NAME: Mike Whistance &Tony Dowdy
PLANNER: Jacqueline Hatch
REQUEST: Site Specific Development Plan and Special Review Permit for a business permitted as a use by
right in the Commercial Zone District (vehicle sales and detailing establishment) in the A
(Agricultural)Zone District.
LEGAL DESCRIPTION: Lot 1 of RE-1039; NW4 of Section 20,T2N, R66W of the 6th P.M.,Weld County,
Colorado.
LOCATION: South of and adjacent to CR 20; east of and adjacent to Hwy 85.
LAND USE:
N tr r Cr,p 5
r O,ti /O:1 -1;41(5
S �''''ALA r"`ti ���r111JD+ -���
W Fc;r,' l J"5 IBS
ZONING: N A(Agricultural)
E A(Agricultural)
S A(Agricultural)
W A(Agricultural)
COMMENTS:
P.C. Member
FIELD CHECK Inspection Date: 1/7/04
APPLICANT: Mike Whistance&Tony Dowdy do Tammy Ellerman CASE#: USR-1459
REQUEST: A Site Specific Development Plan and a Special Review Permit for a business permitted
as a use by right in the Commercial Zone District (vehicle sales and detailing
establishment)in the A(Agricultural)Zone District.
LEGAL: Lot 1 RE-1039 NW4 of Section 20, Township 2 North, Range 66 West of the 6th P.M.,
Weld County, CO
LOCATION: South of and adjacent to County Road 20 and east of and adjacent to Highway 85.
PARCEL ID#: 1309 20 000041 ACRES: 3+/-acres
Zoning Land Use
N A (Agricultural) N A (Agricultural)
E A (Agricultural) E A (Agricultural) — oil and gas
S A (Agricultural) S USR-1227 (Tote-a-Shed)
W A (Agricultural) W A (Agricultural)
COMMENTS:
Level lot
USR-1227 for Tote-a-Shed is located to the south of site.
Railroad tracks to the east.
Agricultural uses in practice to the north
Oil and gas facility is located to the east of the site across from the railroad
tracks.
Access (gate) to site located directly to the west of Tote-a-Shed access.
Property is fenced off with white metal rails.
Brick home, RV (looks like it was once lived in), 5th wheel trailer, and multiple out
buildings.
6' stockade fence along Highway 85 in front of the house.
Jacqueline ) atch, Planner
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