HomeMy WebLinkAbout20030609.tiff INVENTORY OF ITEMS FOR CONSIDERATION
Applicant William &Ann Stonebraker Case Number USR-1416
Submitted or Prepared
Prior to At
Hearing Hearing
1 Staff Comments
Department of Planning Services Field Check Form
Letter to Applicant
Picture of sign posting X
Legal Notifications
2 Application X
Maps
Deed/ Easement Certificate
Surrounding Property/Mineral Owners
Utilities
3 Referral List X
Referrals without comment
Hudson Planning Commission referral received 1/9/2003
Colorado Division of Wildlife referral received 1/15/2003
Town of Keenesburg
4 Referrals with comments X
Weld County Department of Public Works referral received 1/30/2003 (2 pages)
Weld County Department of Public Health and Environment referral received
1/24/2003 (2 pages)
Weld County Department of Building Inspection referral received 1/23/2003 (2
pages)
Weld County Zoning Compliance referral received 12/30/2002
Weld County Planning Department referral received 12/30/2002
Weld County Sheriff's Office referral received 1/28/2003
5 Surrounding Property Owners/Mineral Owners - Letters X
5A Letter dated 1/16/2003 from Bonnie&Robin McIntosh
6 PC Exhibits
7 Planning Commission Resolution
= EXHIBIT
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2003-0609
I hereby certify that the 15 items identified herein were submitted to the Department of Planning Services at or prior to the
scheduled Board of County Commissioners hearing.
71
Chris Gathman L• Planner
WIiDc LAND USE
SUMMARY SHEET
ON
COLORADO
Case Number: USR-1416 Hearing Date: February 18, 2003
Applicant: William&Ann Stonebraker Address:4502 Weld County Road 11,
Erie, CO 80516
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 Commercial or Industrial Zone
Districts (Display Fireworks Storage) in the A (Agricultural) Zone District
Legal Description: Part of the NE4 Section 28, Township 2 North, Range 64 West of the 6th
P.M., Weld County, Colorado
Location: South of and adjacent to Weld County Road 18 and 1/2 mile east of Weld County
Road 53
Size of Parcel: +/- 13 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 12/30/2002
• Weld County Department of Public Health and Environment, referral received 1/24/2003
• Weld County Department of Public Works, referral received 1/30/2003
• Weld County Department of Building Inspection, referral received 1/23/2003
• Weld County Sheriffs Office, referral received 1/28/2003
• Weld County Long Range Planner, referral received 12/30/2002
• Town of Keenesburg, referral received 1/24/2003
• Colorado Division of Wildlife, referral received 1/15/2003
• Town of Hudson, referral received 1/8/2003
The Department of Planning Services has not received responses from the following referral
agencies:
• Southeast Weld Fire Protection District
• Southeast Weld Soil Conservation District EXHIBIT
• Bureau of Alcohol Tobacco & Firearms
• Colorado Department of Transportation
USR-1416 Stonebraker 1
‘att\ SPECIAL REVIEW PERMIT
�\l ADMINISTRATIVE REVIEW
COLORADO
Planner: C. Gathman
Case Number: USR-1416 Hearing Date: February 18, 2003
Applicant: William &Ann Stonebraker Address:4502 Weld County Road 11,
Erie, CO 80516
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 Commercial or Industrial Zone
Districts (Display Fireworks Storage) in the (A) Agricultural Zone District
Legal Description: Part NE4 Section 28, Township 2 North, Range 64 West of the 6th P.M.,
Weld County, Colorado
Location: South of and adjacent to Weld County Road 18 and '/2 mile east of Weld
County Road 53
Parcel Size: +/- 13 acres Parcel Number: 1305 28 000023
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 22-2-60.6.1 allows
for commercial and industrial uses to locate in the Agricultural Zone District when
the impact to surrounding properties is minimal, and where adequate services and
infrastructure are available. The Development Standards, Conditions of Approval,
and Operations Standards will effectively mitigate any adverse impacts to
surrounding areas.
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 of the Weld County Code provides for
Uses by Right, Accessory Uses, or Uses by Special Review in the Commercial and
Industrial Zone Districts as a Use by Special Review in the A (Agricultural) Zone
District.
USR-1416 Stonebraker 2
c. Section 23-2-220.A.3--The uses which will be permitted will be compatible with the
existing surrounding land uses. The site is located adjacent to Interstate 76 to the
south and agricultural land to the north, east and west. Existing single family
residences are located approximately 1/2 mile to the west and '/z mile to the north of
the site. The Development Standards, Conditions of Approval, and Operations
Standards will effectively mitigate any adverse impacts to surrounding areas.
d. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with
future development of the surrounding area as permitted by the existing zoning and
with the future development as projected by Chapter 22 of the Weld County Code
and any other applicable code provisions or ordinances in effect, or the adopted
Master Plans of affected municipalities. The proposed Use by Special Review is not
located within an existing urban growth boundary/intergovernmental agreement
area. However, the proposed Use by Special Review is located within the three-
mile referral areas for the Towns of Hudson and Keenesburg. The Town of
Hudson, in their referral received January 9, 2003 and the Town of Keenesburg, in
their referral received January 24, 2003, indicated no conflicts with their interests.
e. Section 23-2-220.A.5 — Effective January 1, 2003, Building Permits issued on the
proposed lots will be required to adhere to the fee structure of the County Wide
Road Impact Program, Area 4. (Chapter 20, Article II of the Weld County Code)
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. This parcel
is located on land designated as "Other" and "High Potential Dry Crop" land
according to the 1979 USDA-Soil Conservation Service Important Farmlands of
Weld County map. Only thirteen (13) acres of the parcel will be designated under
the special use permit. The remainder of the parcel (approximately 145 acres)will
remain available for agricultural purposes.
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 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)
2. Prior to recording the plat:
A. The plat shall be labeled USR 1416. (Department of Planning Services)
USR-1416 Stonebraker 3
B. The plat shall be amended to delineate the following:
1) The attached Development Standards. (Department of Planning Services)
2) The approved screening plan. (Department of Planning Services)
C. The applicant shall submit a waste handling plan,for approval,to the Environmental
Health Services Division of the Department of Public Health and 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 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).
Written evidence of Health Department approval shall be submitted to the
Department of Planning Services.
D. The applicant shall submit a Screening Plan for review and approval by the
Department of Planning Services. (Department of Planning Services)
E. The applicant shall enter into a Private Improvements Agreement according to
policy regarding collateral for improvements and post adequate collateral for
transportation and non-transportation requirements. The agreement and form of
collateral shall be reviewed by County Staff and accepted by the Board of County
Commissioners prior to recording the plat. (Department of Planning Services)
F. 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, Arcinfo Coverages and
Arcinfo 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(aco.weld.co.us.
(Department of Planning Services)
USR-1416 Stonebraker 4
5. Prior to operation:
A. The applicant shall address the requirements of the Department of Building
Inspection as stated in their referral received January 23, 2003. Evidence of such
shall be submitted in writing to the Department of Planning Services. (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-1416 Stonebraker 5
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
William &Ann Stonebraker
USR-1416
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 Commercial or Industrial Zone Districts
(Display Fireworks Storage) 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. A future access point is indicated on the plat. When this future access is developed, the
applicant shall provide a Weld County Access Information Sheet to the Public Works
Department for review & approval of a safe and adequate access. (Department of Public
Works)
4. The access and circulation pattern shall be surfaced with gravel. The gravel shall support
semi truck traffic and shall be graded to prevent drainage problems. (Department of Public
Works)
5. All corners and intersections shall have adequate turning radius' to accommodate large
trucks. (Department of Public Works)
6. Any time that the gravel access road crosses a drain age pattern, the a pplicant s hall
accommodate with a culvert crossing to provide an all weather access to the facility.
(Department of Public Works)
7. The storage magazines, metal boxes, trailers, and the type four units should not block the
historical flow pattern. The historical flow pattern and run-off amounts will be maintained
in such a manner that will reasonably preserve the natural character of the area and
prevent property damage of the type generally attributed to the run-off rate and velocity
increases, diversions, concentration and/or unplanned ponding of storm run-off.
(Department of Public Works)
8. 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)
9. No permanent disposal of wastes shall be permitted at this site. (Department of Public
Health and Environment)
10. 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)
11. Fugitive dust shall be controlled on this site.(Department of Public Health and Environment)
12. 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
USR-1416 Stonebraker 6
Environment)
13. The applicant shall operate in accordance with the approved "waste handling plan".
(Department of Public Health & Environment)
14. All pesticides, fertilizer, and other potentially hazardous chemicals must be stored and
handled in a safe manner in accordance with product labeling. (Department of Public Health
and Environment)
15. Effective January 1, 2003, Building Permits issued on the proposed lots will be required to
adhere to the fee structure of the County Wide Road Impact Program,Area 4. (Chapter 20,
Article II of the Weld County Code) (Department of Planning Services)
16. Sources of light shall be shielded so that beams or rays of light will not shine directly onto
adjacent properties; 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; and no colored
lights may be used which may be confused with or construed as traffic control devices.
(Department of Planning Services)
17. Screening on site shall be maintained in accordance with the approved screening plan.
(Department of Planning Services)
18. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240, Weld County Code.
19. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250, Weld County Code.
20. 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.
21. 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.
22. 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-1416 Stonebraker 7
I DEPARTMENT OF PLANNING SERVICES
I�`Pc. PHONE (970) 353-6100, E4.6548
FAX (97(970) 3004-6498
1555 N. 17TH AVENUE
COLORADO GREELEY, COLORADO 80631
December 23, 2002
William &Ann Stonebraker
c/o Linn Leeburg
909 Hawthorn Avenue
Boulder CO 80304
Subject: USR-1416- Request for a Site Specific Development Plan and Special Use Permit for a Use by Right,
Accessory Use or Use by Special Review in the Commercial or Industrial Zone District(Display Fireworks
Storage)in the A(Agricultural)Zone District on a parcel of land described as Part NE4 of Section 28,T2N,
R64W 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 18, 2003, at 1:30 p.m. This meeting will take place at the
Southwest Weld County Complex, 4209 WCR 24 Yz. 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 applicants 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 Hudson and Keenesburg Planning Commission for their review and
comments. Please call Hudson at(303)536-9311 and Keenesburg at(303)732-4281 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
Hudson and Keenesburg 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
FIELD CHECK inspection dale: 2/5/03
CASE NUMBER: USR-1416
APPLICANT: William & Ann Stonebraker
LEGAL DESCRIPTION: Part of the NW4 28-2-64
LOCATION: South of and adjacent to WCR 18; 1/2 mile east of WCR 53
Zoning Land Use
N A (Agricultural) N Agland w/single family residence
E A (Agricultural) E Agland
S A (Agricu tural) S Interstate 76
W A (Agricultural) W Agland (single family residence and oil & gas
tank battery approx. '/z mile east)
COMMENTS:
* Site is farmground.
* Existing residence on northwest corner of property abandoned.
* site slopes gradually from north to south towards the middle of the property.
jo
Chris Gathman, Current Planner
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