HomeMy WebLinkAbout20031652 INVENTORY OF ITEMS FOR CONSIDERATION
Applicant Rodney& Susan Cole Case Number USR-1398
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
Sign Posting Affadavit X
Legal Notifications X
2 Application X
Maps
Deed/Easement Certificate
Surrounding Property/Mineral Owners
Utilities
3 Referral List X
'^ Referrals without comment
Town of Keenesburg referral received 8/22/2003
Colorado Department of Transportation referral received 8/22/2003
4 Referrals with comments X
Weld County Department of Public Works referral received 8/30/2003 (2 pages)
Weld County Department of Public Health and Environment referral received
8/29/2002 (2 pages)
Weld County Department of Building Inspection referral received 8/14/2002 (3
pages)
Weld County Zoning Compliance referral received 8/5/2002
Weld County Planning referral received 7/31/2002(2 pages)
Southeast Weld County Soil Conservation District referral received 8/20/2003 (2
pages)
Weld County Sheriff's Office referral received 8/7/2002
Henrylyn Irrigation District referral received 8/7/2002 (2 pages)
5 Surrounding Property Owners/Mineral Owners - Letters X
6 PC Exhibits
7 Planning Commission Resolution
El EXHIBIT
2003-1652
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I hereby certify that the 17 items identified herein were submitted to the Department of Planning Services at or prior to the
scheduled Bo rd of County Commissioners hearing.
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Chris Gathman v Planner II-AICP
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D USE ON
COLORADO
Case Number: USR-1398 Hearing Date: May 20, 2003
Applicant: Rodney & Susan Cole Address: 5506 WCR 59,
Keenesburg, CO 80643
Request: A Site Specific Development Plan and a Special Use Permit for a Use by
Right, an Accessory Use, or a Use by Special Review in the Industrial Zone
Districts(tractor trailer storage for two agricultural produce transport trucks)
in the A (Agricultural) Zone District
Legal Description: Lot B of RE-3159; Part of the NW4 of Section 1, Township 1 North, Range
64 West of the 6th P.M., Weld County, Colorado
Location: East of and adjacent to Weld County Road 59, '/z mile north of State
Highway 52
Size of Parcel: 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 Officer, referral received 8/5/2002
• Weld County Department of Public Health and Environment, referral received 8/29/2002
• Weld County Department of Public Works, referral received 8/30/2002
• Weld County Department of Building Inspection, referral received 8/14/2002
• Weld County Department of Planning Services, referral received 7/31/2002
• Weld County Sheriff's Office, referral received 8/7/2002
• Town of Keenesburg, referral received 8/22/2002
• Colorado Department of Transportation, referral received 8/22/2002
• Southeast Weld County Soil Conservation District, referral received 8/20/2002
• Henrylyn Irrigation Ditch Company, referral received 8/7/2002
The Department of Planning Services'staff has not received a response from the following agency:
• Weld County RE-3J School District
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IXMtsIT
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SPECIAL REVIEW PERMIT
(IW/fir ADMINISTRATIVE REVIEW
hiDe
COLORADO
Planner: Chris Gathman
Case Number: USR-1398 Hearing Date: May 20, 2003
Applicant: Rodney & Susan Cole Address: 5506 WCR 59,
Keenesburg, CO 80643
Request: A Site Specific Development Plan and a Special Use Permit for a Use by
Right, an Accessory Use, or a Use by Special Review in the Industrial Zone
Districts(tractor trailer storage for two agricultural produce transport trucks)
in the A (Agricultural) Zone District
Legal Description: Part of the NW4 of Section 1, Township 1 North, Range 64 West of the 6th
P.M., Weld County, Colorado
Location: East of and adjacent to Weld County Road 59, '/: mile north of State
Highway 52
Parcel Size: 5 +1- acres Parcel Number: 1475-01-200045
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 ordinances in effect. A.Goal 7 states "Protect
agricultural land from encroachment by those urban uses which hinder the
operational efficiency and productivity of the agricultural uses." The site currently
consists of an existing residence and barn. Conditions of Approval and
Development Standards ensure that there are adequate provisions for the
protection of neighboring agricultural uses.
b. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the (A)
Agricultural Zone District. Section 23-3-40.6 of the Weld County Code provides for
Agricultural Service establishments primarily engaged in performing agricultural,
animal husbandry or horticultural services on a fee or contract basis as a Use by
Special Review in the (A)Agricultural Zone District. The two trucks to be stored on
site would be used to transport produce grown in Weld County.
c. Section 23-2-220.A.3--The uses which will be permitted will be compatible with the
existing surrounding land uses. Neighboring land uses consist of cropland, a single
family residence located across Weld County Road 59, and a single-family
residence being constructed to the north of the site. Conditions of Approval and
Development Standards will effectively mitigate impacts to neighboring properties.
The applicant is proposing in their application to plant Austrian Pines and poplar
trees to the west and south of their residence, barn and parking area.
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 site is not located within an Urban
Growth Boundary or Intergovernmental Agreement Area. The site is located within
the three-mile referral area for the town of Keenesburg. Keenesburg indicated no
conflicts with their interests in their referral response received August 22, 2002.
e. Section 23-2-220.A.5 -- The application complies with Section 23-5 of the Weld
County Code. The site does not lie within any Overlay Districts.
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. Section 22-2-
60 A.1 states "Preserve prime farmland for agricultural purposes which foster the
economic health and continuance of agriculture." This parcel is located on land
designated as "Prime (Irrigated)" land according to the 1979 USDA-Soil
Conservation Service Important Farmlands of Weld County map. However,the site
is small (five acres) and has an existing house and barn. The size of the lot makes
agricultural production impractical on this property.
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.
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The Department of Planning Services's staff recommendation for approval is conditional upon the
following:
1. The attached Development Standards for the Special Review Permit shall be adopted
and placed on the Special Review Plat prior to recording. The completed plat shall be
delivered to the Weld County Department of Planning Services and be ready for
recording in the Weld County Clerk and Recorder's Office within 30 days of approval by
the Board of County Commissioners. (Department of Planning Services)
2. Prior to recording the plat:
A. The applicant shall attempt to address the recommendations of the Southeast
Weld Soil Conservation District in the referral received August 20, 2002. Written
evidence of such shall be submitted to the Department of Planning Services.
(Southeast Weld Soil Conservation District)
B. The plat shall be amended to delineate the following
1) The plat shall be titled "Use by Special Review 1398". (Department of
Planning Services)
2) Weld County Road 59 is designated on the Weld County
Transportation Plan Map 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 Weld County Road 59 shall
be delineated right-of-way on the plat. (Department of Public Works)
2) Off-street parking spaces and access drives shall be delineated on the
plat. (Department of Planning Services)
3) The proposed surface for the proposed parking lots and access drive
(gravel, asphalt, concrete, or equivalent) as approved by the
Department of Public Works shall be indicated on the plat.
(Department of Planning Services)
4) The height and caliper of the proposed trees shown on the plat shall be
indicated. (Department of Planning Services)
5) Storm water retention facilities as outlined in the Department of Public
Works referral dated August 27, 2002 shall be indicated. (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-
e-- 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 Recorded Exemption/Subdivision Exemption/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( co.weld.co.us.co.weld.co.us. (Department of Planning Services)
5. 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)
6. In the event existing barn is to be used for maintenance of the tractor trailers in the future:
A. The applicant shall address the requirements of the Weld County Department of
Building Inspection as outlined in their referral received August 14, 2002.
(Department of Building Inspection)
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Rodney & Susan Cole
USR-1398
1. The Site Specific Development Plan and Special Review Permit for a a Use by Right, an
Accessory Use, or a Use by Special Review in the Industrial Zone Districts (tractor trailer
storage for two agricultural produce transport trucks) in the A (Agricultural) Zone District.
(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. No outside repair or maintenance/oil changes shall be conducted with the exception of
routine maintenance. (Department of Planning Services)
4. The site shall be limited to the parking and storage of no more than two tractor trailer trucks.
(Department of Planning Services)
5. Off-street parking spaces including the access drive shall be surfaced with gravel, asphalt,
concrete, or equivalent and shall be graded to prevent drainage problems. (Department of
�-. Public Works)
6. Stormwater runoff shall be contained at the site and released at a historical rate. (Department
of Public Works)
7. All drainage (runoff)from the parking and storage area shall be prevented from running into
the Loline Ditch. (Henrylyn Ditch Irrigation Company)
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. 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.. (Department of Public Health and Environment)
9. 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)
10. Fugitive dust 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 Residential
Zone as delineated in 25-12-103 C.R.S. (Department of Public Health and Environment)
12. Adequate hand washing and toilet facilities shall be provided. (Department of Public Health
and Environment)
13. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
(Department of Public Health and Environment)
14. Any vehicle washing area(s) shall capture all effluent and prevent discharges from the
washing of vehicles in accordance with the Weld County Code, the Rules and Regulations
of the Water Quality Control Commission, and the Environmental Protection Agency.
(Department of Public Health and Environment)
15. The property owner or operator shall be responsible for complying with the Design Standards
of Section 23-2-240 of the Weld County Code.
16. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
17. Personnel from the Weld County Departments of Public Health and Environment and
Planning Services 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.
18. 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.
19. 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.
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I W
I`p�. DEPARTMENT OF PLANNING SERVICES
PHONE (970) 353-6100, E4.6498
FAX (97(970) 304-6498
1555 N. 17TH AVENUE
COLORADO GREELEY, COLORADO 80631
July 31,2002
Rodney&Susan Cole
5506 WCR 59
Keenesburg CO 80643
Subject: USR-1398- Request for a Site Specific Development Plan and Special Use Permit for a Use by Right in the
Industrial Zone District(Parking of vehicles& trailers)as a use by special review in the A(Agricultural)Zone
District on a parcel of land described as Lot B of RE-3159;part of the NW4 of Section 1,Ti N, 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 September 17,2002,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 Keenesburg Planning Commission for their review and comments.
Please call 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 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,
air) cast
Chris Gathman
Planner
PLANNING COMMISSION SIGN POSTING CERTIFICATE
THE LAST DAY TO POST THE SIGN IS: i M 1 0,A I° $ Z'3 . 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- 1398
THE SIGN WAS POSTED BY:
CIAS15 (ma-kV-icon-
NAME
1.,E3
OF PERSON POSTING SIGN
SIGNATURE FOR PERSON POSTING SIGN
STATE OF COLORADO)
)ss.
COUNTY OF WELD )SUBSCRIBED AND SWORN TO ME THIS a jl0+'DAY OF �1 '73.2003.
NOTARY PUBLIC
MY COMMISSION EXPIRES: / `-2 9-067
THIS FORM SHALL BE PLACED IN THE APPROPRIATE FILE FOR THE ABOVE CASE.
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r'• FIELD CHECK inspection date: 8/30/02
CASE NUMBER: USR 1398
APPLICANT: Rodney Ffi Susan Cole
LEGAL DESCRIPTION: Lot B of RE-3159; part of the NW4 1-1-64
LOCATION: East of and adjacent to WCR 59, 1/2 mile north of State Highway
52
Zoning Land Use
N A (Agricultural) N Agland (single family residence under
construction)
E A (Agricultural) E Agland
erN S A(Agricultural) S Agland
W A(Agricultural) W (Single Family Residence) Agland
COMMENTS:
' New single family residence and barn constructed on the property.
at,:a
Chris Gathman, Current Planner
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