HomeMy WebLinkAbout20031084.tiff INVENTORY OF ITEMS FOR CONSIDERATION
Applicant Peter Jackson Case Number USR 1417
r
Submitted or Prepared
Prior to At Hearing
Hearing
Planning Commission Resolution (See BOCC Exhibit B)
2 Staff Comments X
Planning Request for Continuance dated March 4,2003
Applicants facsimile dated 2-27-03 asking for continuance
3 Department of Planning Services field check form X
4 Planning Commissioner Walker field check form, not received
5 Letter to Applicant X
6 Photograph of sign posting X
7 Legal Notifications X
8 Application, Deed, Utilities X
9 Maps X
10 Referral List X
11 Referrals without comment X
Weld County Zoning Compliance, referral received 12-31-2002
Town of Eaton, referral received 1-6-2003
Eaton Fire Protection District, referral received 1-6-2003
12 Referrals with comments X
13 West Greeley Soil Conservation District, referral received 1-16-03 X
14 City of Greeley, referral received 1-23-2003 X
15 Weld County Department of Building Inspection, referral X
received 1-23-2003
16 Weld County Sheriffs Office, referral received1-28-2003 X
17 Weld County Department of Public Works, referral received 1- X
29-2003, 2-24-2003
18 Weld County Department of Public Health and Environment, X
referral received 1-31-2003
19 Surrounding Property/ Mineral Owners X
I hereby certify that the 18 items identified herein were submitted to th Department of Planning Services at
or prior to the scheduled Planning Commission hearing. I further certi that these items were forwarded to
the Clerk to the Board's office.
Ii
EXHIBIT
AKim gle Planner III
lase )1117 Rb03 /CO
WIIDC• LAND USE
APPLICATION
SUMMARY SHEET
COLORADO
Case
Number: USR-1417 Hearing Date: March 4, 2003
Applicant: Peter Jackson Address: 33108 Weld County Road 29
Request: A Site Specific Development Plan and a Special Review Permit for any use permitted as
a use by right,an accessory use,or a Use by Special Review in the commercial or industrial
zone districts,provided that the property is not a Lot in an approved or recorded subdivision
plat or lots parts of a map or plan filed prior to adoption of any regulations controlling
subdivisions (Excavation Equipment Repair Shop and Contractor's Shop) in the A
(Agricultural)Zone District.
Legal
Description: Lot A of Corrected RE-3245; being part of the SW4 of Section 16, T6N, R66W of the 6th
P.M., Weld County, Colorado.
Location: East of and adjacent to Weld County Road 29; North of and adjacent to Highway 392.
Size of Parcel: 3.263 +1- 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 12-31-2002
Eaton Fire Protection District, referral received 1-6-2003
• Town of Eaton, referral received 1-6-2003
West Greeley Soil Conservation District, referral received 1-16-2003
• City of Greeley, referral received 1-23-2003
▪ Weld County Department of Building Inspection, referral received 1-23-2003
• Weld County Sheriffs Office, referral received1-28-2003
• Weld County Department of Public Works, referral received 1-29-2003, 2-24-2003
• Weld County Department of Public Health and Environment, referral received 1-31-2003
The Department of Planning Services' staff has not received responses from the following agencies:
• Colorado Department of Transportation
• North Weld County Water District
r
USR-1417 Jackson,page 1
IBIR
SPECIAL REVIEW PERMIT
W
�'\\I ADMINISTRATIVE REVIEW
COLORADO
Planner: Kim Ogle
Case
Number: USR-1417 Hearing Date: March 4, 2003
Applicant: Peter Jackson Application Address: 33108 WCR 29, Greeley
Request: A Site Specific Development Plan and a Special Review Permit for a use allowed by right
in the C-3, Business Commercial Zone District, (Excavation Equipment Repair Shop and
Contractor's Shop) in the A(Agricultural)Zone District
Legal
Description: Lot A of Corrected RE-3245; being part of the SW4 of Section 16, T6N, R66W of the 6th
P.M., Weld County, Colorado.
Location: East of and adjacent to Weld County Road 29; North of and adjacent to Highway 392.
Size of Parcel: 3.263 +/-acres Parcel Number: 0805 16 300056
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 22-2-170.B, C.Goal 2. states
"Encourage the expansion and diversification of the commercial economic base." Further,
Section 22-2-170.C, 2. C.Policy 3.2. states "New commercial development should
demonstrate compatibility with existing surrounding land use in terms of general use,
building height, scale, density, traffic, dust and noise." This site was previously permitted
for an equipment sales and service establishment. 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.R of the Weld County Code provides for any use permitted
as a Use by Right, an Accessory Use, or a Use by Special Review in the Commercial or
Industrial Zone Districts, provided that the property is not a Lot in an approved or recorded
USR-1417 Jackson,page 2
subdivision plat or lots part of a map or plan filed prior to adoption of any regulations
controlling subdivisions, as a Use by Special Review in the A (Agricultural)Zone District.
Section 23-3-230.B.4 allows for a vehicle service and repair establishment and Section 23-
3-230.6.11 allows for a contractor's shop as a use allowed by right in the C-3(Commercial)
Zone District.
C. Section 23-2-220.A.3--The uses which will be permitted will be compatible with the existing
surrounding land uses. The surrounding area is primarily agricultural with a few residences
associated with the agricultural activities. State Highway 392 is located in close proximity
to the southern boundary of the parcel. The existing thirty-eight hundred(3800)square foot
service and repair facility and a proposed 8640 square foot storage structure with an office
will comprise approximately 3.263 acres. Conditions of Approval and Development
Standards ensure that the proposal is consistent with surrounding land uses.
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 Chapter22 of the Weld County Code and any other applicable
code provisions or ordinances in effect, or the adopted Master Plans of affected
municipalities. This proposal does lie within the three mile referral area for the City of
Greeley and the Town of Eaton. The City of Greeley requested the use be fully screened,
The Town of Eaton reviewed the request and found no conflicts with their interests.
E. Section 23-2-220.A.5 --The application complies with Section 23-5, Article V of the Weld
County Code. Effective January 1,2003, Building Permits issued on the lot will be required
to adhere to the fee structure of the Weld County Road Impact Program area 1.
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 property is Lot A of
Corrected Recorded Exemption 3245 and is considered prime agricultural land by the
Important Farmlands of Weld County Map, dated 1979. The applicant has proposed to
place business related buildings and land uses within a 3.2 acre building site. Further,
Section 22-2-60.1.1 of the Weld County Comprehensive Plan indicates that eighty (80)
acres is considered the minimum lot size needed for a viable farming operation and the
subject property is 3.23 acres in size.
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 recording the plat:
A. The applicant shall submit a letter to the Department of Planning Services requesting the
vacation of USR-853.
B. The plat shall be amended to delineate the following:
1) The attached Development Standards. (Department of Planning Services)
USR-1417 Jackson, page 3
2) All plats shall be labeled USR-1417 (Department of Planning Services)
3) The USR boundaries shall delineate the 3.23 acres as indicated in the application
materials. (Department of Planning Services)
4) All signage shall be indicated by location and size and shall adhere to Section 23-4-
100.C of the Weld County Code. (Department of Planning Services)
5) Lighting shall be indicated in accordance with Section 23-3-360.F of the Weld
County Code. (Department of Planning Services)
6) Fifteen (15) parking spaces, including spaces which adhere to ADA standards.
Parking shall be screened from public rights-of-way and adjacent properties and
shall meet the requirements of Section 23-3-350.B of the Weld County Code.
(Department of Planning Services)
7) The internal circulation shall be clearly indicated on the plat for truck traffic
accessing the site. (Department of Planning Services)
8) A trash collection area in accordance with Section 23-3-350.H of the Weld County
Code. Additional landscaping shall be indicated near the trash enclosure area.
(Department of Planning Services)
9) The outside storage area shall be clearly indicated and shall be screened to meet
the requirements of Section 23-3-250.A.9 of the Weld County Code. Adequate
screening of outside storage shall be provided with solid board fencing spaced 1/4
inch and a minimum of six (6)feet in height or an equivalent screening provided
that it is approved by the Planning Department. (Department of Planning Services)
10) The Landscape, Fencing and Screening Plan shall meet the requirements of
Section 23-3-250.A.5 of the Weld County Code. (Department of Planning Services)
11) Weld County Road 29 is designated on the Weld County Transportation Plan Map
as a local gravel road which requires, which requires sixty(60)feet of right-of-way
at full build out.There is presently sixty(60)feet of right-of-way.A total of thirty(30)
feet from the centerline of Weld County Road 29 shall be delineated right-of-way on
the plat. (Department of Public Works)
12) The existing access to the property shall be delineated on the plat as approved
through Recorded Exemption 3245. It is approximately 400 feet north of the
intersection of WCR 29 and SH 392. (Department of Public Works)
13) The applicant shall delineate the off-street employee and equipment parking areas
adjacent to the existing and proposed buildings. (Department of Public Works)
C. 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)
D. Written documentation shall be provided to the Weld County Department of Planning
Services indicating the concerns of the City of Greeley, as received in a referral dated
January 21,2003, have attempted to be addressed regarding landscaping, screening and
on-site circulation. (Department of Planning Services)
E. The applicant shall contact the Colorado Department of Transportation (CDOT) to
determine the appropriate right-of-way at the south property line. This right-of-way
USR-1417 Jackson,page 4
distance shall be delineated on the plat. Written documentation shall be provided to the
Weld County Department of Planning Services indicating compliance with CDOTs
requirements. (Department of Planning Services)
F. An approved access permit from CDOT shall be submitted to Weld County Departments
of Planning Services and Public Works. (Department of Planning Services and Public
Works)
G. Written evidence shall be submitted to Weld County Departments of Planning Services and
Public Works indicating CDOT has approved the adequacy of the intersection to
accommodate turning movements of large construction trucks. (Department of Planning
Services and Public Works)
H. Written evidence from the Department of Public Works indicating that all issues as outlined
in their referral dated January 27, 2003 have been addressed and resolved to the
satisfaction of the Department of Public Works shall be submitted to the Department of
Planning Services. (Department of Planning Services and Public Works)
If applicable, the applicant shall apply for an Underground Injection Control (UIC)Class V
Injection Well permit through the Environmental Protection Agency (EPA) or provide
evidence that the applicant is not subject to the EPA Class V requirements. Written
documentation shall be provided to the Weld County Department of Planning Services
indicating compliance with their requirements. (Department of Public Health and
Environment)
J. An individual sewage disposal system is required for the proposed office/shop and shall be
installed according to the Weld County Individual Sewage Disposal Regulations. The septic
system is required to be designed by a Colorado Registered Professional Engineer
according to the Weld County Individual Sewage Disposal Regulations. Written
documentation shall be provided to the Weld County Department of Planning Services
indicating compliance with the Department of Public Health and Environment requirements.
(Department of Public Health and Environment)
K. 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. Written
documentation shall be submitted to the Department of Planning Services indicating the
plan has been approved by the Environmental Health Services Division of the Weld County
Department of Public Health & Environment. The plan shall include at a minimum, the
following: (Department of Public Health and Environment)
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)
L. The septic system serving the home/office shall be reviewed by a Colorado Registered
Professional Engineer. The review shall consist of observation of the system and a
technical review describing the systems ability to handle the proposed hydraulic load. The
review shall be submitted to the Environmental Health Services Division of the Weld County
Department of Public Health and Environment. In the event the system is found to be
inadequately sized or constructed the system shall be brought into compliance with current
Regulations. Written documentation shall be provided to the Weld County Department of
USR-1417 Jackson,page 5
Planning Services indicating compliance with the Department of Public Health and
Environment requirements. (Department of Public Health and Environment)
M. In the event washing of vehicle will occur on site the applicant shall ensure that 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. Written
documentation shall be provided to the Weld County Department of Planning Services
indicating compliance with the Department of Public Health and Environment and the
Environmental Protection Agency requirements. (Department of Public Health and
Environment)
N. The applicant shall submit evidence to the Environmental Health Services Division of the
Weld County Department of Public Health& Environment that the above ground tanks are
in compliance in accordance with the Underground and Above Ground Storage Tank
Regulations (7 CCR 1101-14) a spillage retention berm shall be constructed around the
tank battery. The volume retained by the spillage berm should be greater than the volume
of the largest tank inside the berm. Alternative protective measures may be allowed
provided they comply with the Above Ground Storage Tank Regulations.
O. The applicant shall enter into an Improvements Agreement according to policy regarding
collateral for improvements and post adequate collateral for parking and landscaping
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)
2. Prior to Release of Building Permits:
The Department of Building inspections states,"there are six inactive or historical permits on record
for this address. Four of the historical pertain to a 15 x 70 mobile home and two historical permits
pertain to a 50-76 post and frame agricultural building with electrical wiring installed and storage
building." The following shall be submitted to the Department of Building Inspection for their review
and approval:
A. A building permit shall be obtained prior to construction of the proposed storage building
and office with restroom. A building permit shall be obtained for the change of use of the
agricultural building to a repair shop and storage building. (Department of Building
Inspection)
B. A plan review is required for each building for which a building permit is required. Plans for
the maintenance shop shall include a floor plan and a complete description of the extent of
the work that will be done to maintain vehicles and/or equipment. Unless exempted from
the provisions of the State Architect Practice Act, of the State Engineering Practice Act,
plans shall bear the wet stamp of a Colorado registered architect or engineer. Two
complete sets of plans are required when applying for the permit. (Department of Building
Inspection)
C. 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: 1997
Uniform Building Code; 1998 International Mechanical Code; 1997 International Plumbing
Code; 2002 National Electrical Code and Chapter 29 of the Weld County Code.
(Department of Building Inspection)
D. Each building will require an engineered foundation based on a site-specific geo-technical
report or an open hole inspection performed by a Colorado registered engineer.
USR-1417 Jackson,page 6
Engineered foundations shall be designed by a Colorado registered engineer.
(Department of Building Inspection)
E. The maintenance shop building will probably be classified as a type S-3 repair garage.
That portion of the building used as an office will be classified as a type B occupancy. Fire
resistance of walls and openings, construction requirements, height and allowable areas
will be reviewed at the plan review. Set back and offset distances shall be determined by
Chapter 23 of the Weld County Code. (Department of Building Inspection)
F. Building height shall be measured in accordance with the 1997 Uniform Building Code for
the purpose of determining the maximum building size and height for various uses and
types of construction and to determine compliance with the Bulk Requirements from
Chapter 23 of the Weld County Code to determine compliance with offset and setback
requirements. Offset and setback requirements are measured to the farthest projection
from the building. (Department of Building Inspection)
G. A complete set of building plans shall be submitted to the Eaton Fire Protection District prior
to building construction. (Eaton Fire Protection District, Department of Planning Services)
H. The applicant shall submit the required building permits for the container structures located
on site. At a minimum,these structures shall be on a permanent foundation per the Weld
County Code, Chapters 29 and 23. (Department of Planning Services)
3. 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)
4. Prior to the issuance of the Certificate of Occupancy:
A. An individual sewage disposal system is required for the proposed facility and shall be
installed according to the Weld County Individual Sewage Disposal Regulations.
(Department of Public Health and Environment, Planning Services)
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, Planning Services)
5. Prior to operation:
A. Submit a dust abatement plan to the Environmental Health Services, Weld County
Department of Public Health & Environment, for approval. Evidence of approval shall be
submitted to the Department of Planning Services. (Department of Public Health and
Environment, Planning Services)
6. Upon completion of item 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)
7. The Department of Planning Services respectively requests the surveyor provide a digital copy of
this Use by Special Review plat. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation);
acceptable GIS formats are ArcView shapefiles,Arclnfo Coverages and Arclnfo Export files format
USR-1417 Jackson,page 7
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(a.co.weld.co.us. (Department of Planning Services)
8. 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-1417 Jackson,page 8
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
PETER JACKSON
USR-1417
1. The Site Specific Development Plan and Special Use Permit is for a use permitted as a use-by-right
in the Industrial Zone District (contractors office and shop) 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.,as amended)shall be stored and removed forfinal 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, C.R.S., as amended. (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. Any vehicle washing area(s) shall capture all effluent and prevent discharges from drum washing
and 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)
7. Fugitive dust 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)
8. 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)
9. The facility shall utilize the existing public water supply. (Department of Public Health and
Environment)
10. All potentially hazardous chemicals must be stored and handled in a safe manner in accordance
with product labeling. (Department of Public Health and Environment)
11. The applicant shall operate in accordance with the approved "waste handling plan". (Department
of Public Health and Environment)
12. Adequate toilet facilities shall be provided for employees and visitors. (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)
r
USR-1417 Jackson,page 9
14. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
(Department of Public Health and Environment)
15. The applicant shall comply with all provisions of the Underground and Above Ground Storage Tank
Regulations (7 CCR 1101-14). (Department of Public Health and Environment)
16. Effective January 1, 2003, Building Permits issued on the lot will be required to adhere to the fee
structure of the Weld County Impact Program area 1.) (Department of Planning Services)
17. The landscape,fencing and screening on site shall be maintained in accordance with the approved
Landscape Plan. (Department of Planning Services)
18. Hours of operation shall be 7:00 A.M. to 6:00 P.M. five days a week, Monday through Friday as
stated in the application materials. (Department of Planning Services)
19. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code.
20. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250, Weld County Code
21. 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.
22. 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.
23. 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-1417 Jackson,page 10
its MEMORANDUM
Wi`Pe. TO: Planning Commission
COLORADO DATE: March 4, 2003
FROM: Kim Ogle, Planner III VW•
SUBJECT: Request for Continuance, USR-1417
Applicant, Peter Jackson
The applicant and the Department of Planning Services are requesting a continuance for case
number USR 1417, the applicant is Peter Jackson. It is the understanding of this office that the
applicant is requesting this later date to address the issue of mineral owner notification. The
applicant has verbally stated they have no objection and have confirmed this via the attached
facsimile dated February 27, 2003.
This case will be scheduled for the April 1, 2003 hearing.
Feb 27 03 03: 16p Peer R. Jackson 970-330-7150 p. 1
Peter R. Jackson
33120 WCR 29 Tel: 970-350-2637
Greeley, Colorado 80631 Fax: 970-330-7150
FAX TRANSMISSION
To: Kim Ogle Date: February 27, 2003
Fax: 970-304-6498 Pages: 1, Including Cover
Phone: 970-3534100 From: Peter Jackson a Ye•
Subject: USR 1417 -Mineral Owners 30 day Notice
Comments:
Kim,
I have not received all of the agreements from the mineral owners affiliated
with the application.As I did not supply adequate notification to these
parties, I request a continuance until the next available Planning
Commission meeting.
I apologize for any inconvenience that this may have caused.
Thank you for your understanding in this matter
Peter
r
rOes
WI" FAX TRANSMISSION
COLORADO
WELD COUNTY
DEPARTMENT OF PLANNING SERVICES
FAx: 970-304-6498
PHONE: 970-353-6100, ExT. 3540
To: Peter Jackson Date: February 23, 2003
Fax: 970 330 7150 Pages: 1, including cover
Phone: 970 330 6245
From: Kim Ogle VD'
/^ Planner III
kogle@co.weld.co.us
Subject: Mineral Owners 30-Day Notice/Written Agreement
COMMENTS:
Peter
Please notify me prior to 5:00 pm Monday as to whether there is a written agreement with all of the
mineral owners affiliated with the application. Should there not be adequate notification (30-days prior to
the hearing or more) or an agreement in hand, this case will be continued until Tuesday April 1, 2003.
Should notification not be in hand, please submit a letter stating that adequate notice was not provided
and that you acknowledge that the case will be continued until the April 2003 date to allow for proper
notification.
Thank you for your prompt attention to this inquiry.
If you need any further information, please feel free to contact me at the above telephone number or e-
mail address.
CONFIDENTIAL
This facsimile is intended only for the use of the individual or entity to which it is addressed and may contain information that is privileged
confidential,and exempt from disclosure under applicable law. If the reader of this facsimile is not the intended recipient nor the employee or agent
responsible for delivering the facsimile to the intended recipient,you are hereby notified that any dissemination,distribution,or copying of this
communication is strictly prohibited. If you have received this communication in error,please notify us immediately by telephone and return the
(1/11-1) (
DEPARTMENT OF PLANNING SERVICES
PHONE (970) 353-6100, EXT.3540
FAX (970)N. 1 17TH 304-6498 155AVENUE
COLORADO GREELEY, COLORADO 80631
December 30, 2002
Peter Jackson
307 48'Avenue
Greeley, CO 80634
Subject: USR-1417- Request for a Site Specific Development Plan and Special Review Permit for a use allowed by
right in the C-3, Business Commercial Zone District, (Excavation Equipment Repair Shop and Contractor's
Shop) in the A (Agricultural)Zone District on a parcel of land described as Lot A of Corrected RE-3245;
being part SW4 Section 16, T6N, R66W 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 March 4,2003, at 1:30 p.m. This meeting will take place in Room 210,
Weld County Planning Department, 1555 N. 17th Avenue, Greeley, Colorado. It is recommended that you and/or a
representative be in attendance to answer any questions the Planning Commission members may have.
It is the applicant's responsibility to comply with state statutes regarding notice to mineral estate owners. Colorado
Revised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01-1088) requires notification of all mineral estate owners
30 days prior to any public hearing. The applicant shall provide the Weld County Planning Department with written
certification indicating the above requirements have been met.
It is the policy of Weld County to refer an application to any town or municipality lying within three miles of the property
or if the property is located within the comprehensive planning area of a town or municipality. Therefore,our office has
forwarded a copy of the submitted materials to the Eaton and Greeley Planning Commission for their review and
comments. Please call Eaton at(970)454-3338 and Greeley at(970)350-9780 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 Eaton and
Greeley 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,
Kim Ogle
Planner
EXHIBIT
5
PLANNING COMMISSIONERS' SIGN POSTING CERTIFICATE
THE LAST DAY TO POST THE SIGN IS FEBRUARY 22, 2003 THE SIGN SHALL BE
POSTED ADJACENT TO AND VISIBLE FROM A PUBLICALLY MAINTAINED ROAD RIGHT-
OF-WAY. IN THE EVENT THE PROPERTY BEING CONSIDERED FOR A SPECIAL REVIEW
IS NOT ADJACENT TO A PUBLICALLY 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 PUBLICALLY MAINTAINED
ROAD RIGHT-OF-WAY.
I, KIM OGLE, HEREBY CERTIFY UNDER PENALTIES OF PERJURY THAT THE SIGN WAS
POSTED ON THE PROPERTY AT LEAST TEN DAYS BEFORE THE PLANNING
COMMISSIONERS HEARING FOR USR-1416, A SITE SPECIFIC DEVELOPMENT PLAN
AND A SPECIAL REVIEW PERMIT FOR ANY USE PERMITTED AS A USE BY
RIGHT, AN ACCESSORY USE, OR A USE BY SPECIAL REVIEW IN THE
COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS, PROVIDED THAT THE
PROPERTY IS NOT A LOT IN AN APPROVED OR RECORDED SUBDIVISION PLAT
OR LOTS PARTS OF A MAP OR PLAN FILED PRIOR TO ADOPTION OF ANY
REGULATIONS CONTROLLING SUBDIVISIONS (EXCAVATION EQUIPMENT
REPAIR SHOP AND CONTRACTOR'S SHOP) IN THE A (AGRICULTURAL) ZONE
DISTRICT.
KIM OGLE
Name of Person Posting Sign
44,L.
Signat re of Person Posting Sign
STATE OF COLORADO
)ss.
COUNTY OF WELD ' f
The foregoing instrument was subscribed and sworn to me thisc "-1 daThy of /Mr/all , 2003.
WITNESS my hand and official seal.
Loma a)
Notary Public
My Commission Expires: U
EXHIBIT
lilt,
FIELD CHECK inspection date: February 14, 2003
CASE#: USR-1417
APPLICANT: Peter Jackson
LEGAL: Lot A of Corrected RE-3245; being part SW4 Section 16,T6N, R66W of the 6th P.M.,Weld
County, Colorado
LOCATION: East of and adjacent to WCR 29; North of and adjacent to State Hwy 392.
Zonina I and Use
N A(Agricultural) N Agricultural / Residential
E A(Agricultural) E Agricultural / Residential - New SFR, Pet Ranch beyond
S A (Agricultural) S Agricultural/ Residential
W A(Agricultural) W Agricultural / Residential, Tank Battery
COMMENTS:
Large four roll-up door metal skinned structure with west side and north side man doors exists on site.
One single wide mobile home is on the property and a three sided loafing shed. The area is entirely
covered in stone fines and one inch minus gravel, perhaps recycled asphalt. Hedge row adjacent to
WCR 29, and on east side of metal skinned building.
Five Sea Land enclosed trailers on skids on ground. Stacked plastic pipe, stacked wood round fence
posts, concrete components, recycled materials, pallets, some broken all visual from adjacent property's
and road right-of-way.
One 5 cubic yard dumpster, not screened in yard behind building
One each diesel and gasoline pump barrel on skids behind structure, north side of building. No
containment berm or enclosure around barrel.
Four flat bed trailers, one of which is enclosed. One camper shell, tags not visible, miscellaneous "stuff'
on semi-enclosed three sided shed with opening to the west.
Propane tank to the west of the building. Plastic white container with no liquid or solid visual.
Site visit performed with Char Davis, Health Department
Kim lanner III
EXHIBIT
aJ
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