The URL can be used to link to this page

Browse Search

Home My WebLink About20012376 INVENTORY OF ITEMS FOR CONSIDERATION APPLICANT: PHILLIP & BONNIE JOHNSON CASE#: USR-1332 Submitted or Prepared Prior to At Hearing Hearing 1 Planning Commission Resolution 2 Department of Planning Services' Staff Review/Comments X 3 Letter to Applicant X 4 Department of Planning Services' Field Check X 5 Legal Notice X 6 Application X 7 Referral List, Letter and Referrals without Comments X 8 Planning Commissioners' Field Check 9 City of Fort Lupton Fire Department, referral received 4-13-2001. X 10 Weld County Building Inspection, referral received 4-27-2001. X 11 City of Fort Lupton, referral received 5-7-2001. X 12 Colorado Department of Transportation, referral received 4-11-2001. X Referrals with Comments 13 Platte Valley Soil Conservation District, referral received 4-23-2001 . X 14 Department of Health & Environment, referral received 4-27-2001. X 15 Department of Public Works, referral received 5-1-2001. X 16 Maps submitted by Applicant X 17 Deed(s)/Certificate of Conveyance X 18 Surrounding Property/Mineral Owners X 19 Utilities X 20 Soil Survey X 21 Exhibits/Sign Posting Photo X Item(s)submitted at Planning Commission: I hereby certify that the —Z2( items identified herein (Inventory of Items for Consideration: Case# USR-t33t ) were submitted at or prior to the scheduled Planning Commission Hearing. I further certifx that these items were subsequently forwarded to the Weld County Clerk to the Board's Office. vr'4--•-mac l-'--� EXHIBIT 2001-2376 4SC #/33a, 6ettei LAND USE APPLICATION hiDe SUMMARY SHEET COLORADO Case #: USR-1332 Hearing Date: June 19, 2001 Applicant: Philip & Bonnie Johnson Address: 5019 WCR 35 Fort Lupton,CO 80621 Request: A Site Specific Development Plan and a Special Review Permit for a business permitted as a use by right or an accessory use in the Commercial Zone District (Parking of Vehicles and Equipment and Repair Shop) in the A (Agricultural) Zone District Legal Lot B of RE 1949; being part of the SE4 of Section 2, Ti N, R66W of the 6th P.M., Description: Weld County, Colorado a Location: North of and adjacent to Weld County Road 12 and west of and adjacent to Weld County Road 35 Parcel Size: 9.14+/- 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 Department of Public Health and Environment, referral received 4-30-2001 • Weld County Department of Public Works, referral received 5-2-2001 • Weld County Department of Building Inspection, referral received 4-27-2001 Colorado Department of Transportation, referral received 4-13-2001 • Fort Lupton Fire Department, referral received 4-12-20W • City of Fort Lupton, referral received 4-24-2001 • Platte Valley Soil Conservation District, referral received 5-1-2001 Johnson, USR 1332, Page 1 EXHIBIT at 460t4o. SPECIAL REVIEW PERMIT h �P� ADMINISTRATIVE REVIEW COLORADO Case #: USR-1332 Hearing Date: June 19, 2001 Applicant: Philip & Bonnie Johnson Address: 5019 WCR 35 Fort Lupton,CO 80621 Request: A Site Specific Development Plan and a Special Review Permit for a business permitted as a use by right or an accessory use in the Commercial or Industrial Zone District (Parking of Vehicles and Equipment and Repair Shop) in the A (Agricultural) Zone District Legal Lot B of RE 1949; being part of the SE4 of Section 2, T1 N, R66W of the 6th P.M., Description: Weld County, Colorado Location: North of and adjacent to Weld County Road 12 and west of and adjacent to Weld County Road 35 Parcel Size: 9.14+/- acres 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. Section 22-2-60.A.1 of the Weld County Code (A. Goal 1) states "Preserve prime farmland for agricultural purposes which foster the economic health and continuance of agriculture." The proposed site is designated "Prime if Irrigated" and "Other" by the USDA Soil Conservation Services. No prime farm ground will be taken out of production. B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A (Agricultural)Zone District. Section 23-3-320 of the Weld County Code provides for a parking areas or structures permitted as a use by right or accessory Use in the Commercial or Industrial Zone District as a Use by Special Review in the A (Agricultural) Zone District. Section 23-3-320.C.3 allows for parking areas or structures for vehicles or equipment. Johnson, USR 1332,Page 2 C. Section 23-2-220.A.3--The uses which will be permitted will be compatible with the existing surrounding land uses. The proposed parking area and access have been located with consideration to adjacent homes. Further, Conditions of Approval and Development Standards will ensure that any incompatibilities will be mitigated. 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 lies within the City of Fort Lupton three mile referral area. The City of Fort Lupton indicated no conflict with their interests. E. Section 23-2-220.A.5 -- 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. The proposed site is designated "Prime if Irrigated" and "Other" by the USDA Soil Conservation Services. No prime farm ground will be taken out of production. 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. 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 apply for an Underground Injection Control (UIC) Class V Injection Well permit through the Environmental Protection Agency (EPA), for the floor drain system that serves the maintenance shop, or provide evidence to the Department of Planning Services that the applicant is not subject to the EPA Class V requirements. (Department of Public Health and Environment) B. The existing septic system serving the residence 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 Johnson, USR 1332,Page 3 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. Evidence of approval shall be submitted to the Weld County Department of Planning Services. (Department of Public Health and Environment) C. The applicant shall apply for a permit from the State Engineers office for the existing domestic well to ensure that it is registered for both commercial and residential uses and shall submit evidence to the Department of Planning Services that a well permit has been obtained through the State Engineers office which includes the residential and commercial use. (Departments of Planning and Public Health and Environment) D. 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 submitted to the Weld County 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). (Department of Public Health and Environment) 2. A list of the type and volume of chemicals expected to be stored on site. (Department of Public Health and Environment) 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) E. The applicant shall contact the Natural Resources Conservation Service(NRCS)for assistance with the proposed landscape plan, specific to native tree and grass species for on-site wind protection, soil erosion and buffering. The applicant shall submit a revised landscape and buffering plan in accordance with the NRCS recommendations to the Department of Planning Services for review and approval. (Dept. of Planning Services, Platte Valley Soil Conservation District) F. A detailed landscaping plan identifying the number,size and species of landscaping materials/buffering materials, shall be submitted to the Weld County Department of Planning Services for review and approval. The plan shall address parking areas not adequately screen from adjacent properties and rights-of way. The plan shall also address maintenance of the landscaping materials and potential replacement of dying materials. The approved plan shall be delineated on the plat map. (Dept. of Planning Services) G. The applicant shall contact Ron Broda, Vegetation Weed Management Specialist with the Weld County Department of Public Works at (970) 356- 4000, Extension 3770 to develop a weed management plan. The applicant shall submit evidence Johnson, USR 1332,Page 4 that an approved weed management plan is in place to the Department of Planning Services. (Dept. of Planning Services) H. The plat shall be amended to include: 1. Weld County Road 35 is designated on the Weld County Transportation Plan Map as a local paved road, 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 35 shall be delineated right-of-way on the plat.Weld county Road 35 was upgraded and paved through an Improvement District with Buffalo Ridge Subdivision and the County in 2000. This road is maintained by Weld County. (Department of Public Works) 2. Weld County Road 12 is designated on the Weld County Transportation Plan Map as a local gravel road, 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 12 shall be delineated right-of-way on the plat.This road is maintained by Weld County. (Department of Public Works) 3. A detailed drawing of the shop area delineating the employee parking and the tractor trailer parking with the circulation pattern to accommodate all vehicles utilizing the shop area. Evidence of Department of Public Works approval shall be submitted to the Department of Planning Services. (Department of Public Works) 3. Prior to construction: A. All required building permit applications will be submitted to the Weld County Department of Building Inspection for review and approval. (Department of Building Inspection) 4. 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) Johnson,USR 1332, Page 5 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Philip and Bonnie Johnson USR-1332 1. A Site Specific Development Plan and a Special Review Permit for parking areas or structures permitted as a use by right or Accessory Use in the Commercial or Industrial Zone District(Parking of Vehicles and Equipment, Repair 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.) shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. (Department of Public Health and Environment) 4. No permanent disposal of wastes shall be permitted at this site.This is not meant to include those wastes specifically excluded from the definition of a"solid waste"in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S. (Department of Public Health and Environment) 5. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. (Department of Public Health and Environment) 6. Fugitive dust shall be controlled on this site. (Department of Public Health and Environment) 7. The facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone District as delineated in 25-12-103, C.R.S. (Department of Public Health and Environment) 8. Adequate toilet and hand washing facilities shall be provided for employees. (Department of Public Health and Environment) 9. A Weld County Individual Sewage Disposal System (I.S.D.S.) is required for the proposed shop restroom. The septic system shall be installed according to the Weld County I.S.D.S. Regulations. The septic system for the shop is required to be designed by a Colorado Registered Professional Engineer according to the Weld County I.S.D.S. Regulations. (Department of Public Health and Environment) 10. The facility shall utilize well water. (Department of Public Health and Environment) 11. All pesticides, fertilizer, and other potentially hazardous chemicals must be stored and handled in a safe manner, pursuant to Section 25-8-205.5 Colorado Water Quality Control Act and Rules and Regulations. (Department of Public Health and Environment) Johnson, USR 1332,Page 6 12. The facility shall dispose all wastes in accordance with the approved waste handling plan. (Department of Public Health and Environment) 13. The access lane shall be constructed with adequate turning radii to accommodate two-way traffic to the residents of the home and the shop area. A minimum of 24 feet in width shall be required. (Department of Public Works) 14. The access lane shall be graded and drained to provide an all-weather access to the facility. (Department of Public Works) 15. There shall be two designated parking areas adjacent to the shop, one to accommodate employee parking and the other to accommodate the tractor-trailer rigs. (Department of Public Works) 16. Off-street parking spaces, including the access drive,shall be surfaced with gravel,asphalt, concrete,or the equivalent and shall be graded to prevent drainage problems. (Department of Public Works) 17. All maintenance of trucks shall be performed within the shop. (Department of Planning Services) 18. The number of semi trucks and trailers on the site shall be limited to ten (10). (Department of Planning Services) 19. The site shall maintain compliance with the approved Landscape Plan. (Department of Planning Services) 20. The hours of operation shall be 7:00 am to 7:00 pm, Monday through Saturday. Hours of operation may be extended with specific permission from the Weld County Board of County Commissioners. (Dept. of Planning Services) 21. Storage and parking of semi trucks on the lot shall be limited to those operated or owned by the applicant. (Department of Planning Services) 22. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240, Weld County Code. 23. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250, Weld County Code. 24. 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. 25. 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 Johnson, USR 1332,Page 7 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. 26. 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. Johnson,USR 1332, Page 8 (it DEPARTMENT OF PLANNING SERVICES IPHONE (970)353-6100, EXT.3540 II D C FAX (970) 304-6498 1555 N. 17TH AVENUE GREELEY, COLORADO 80631 COLORADO April 5, 2001 Phillip Johnson 5019 WCR 35 Ft. Lupton, CO 80621 Subject: USR-1332- Request for a Site Specific Development Plan and Special Review Permit for a business permitted as a Use by Right in the Industrial Zone District (Parking of vehicles and equipment) in the Agricultural Zone District on a parcel of land described as Lot B of RE-1949, being part of the SE4 of Section 2, Township 1 North, Range 66 West of the 6th P.M., Weld County, Colorado. Dear Mr. Johnson: 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 June 5, 2001, 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 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 the City of Fort Lupton at 970-346-0326 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, Kim Og e EXHIBIT Planner I i FILC CHECK �ii,u ,/ COLORADO APPLICANT: PHILLIP & BONNIE JOHNSON CASE #: USR-1332 LEGAL: LOT B/RE-1949, PT/SE4, SEC 2, T1 N, R66W, 6TH PM, WELD COUNTY, CO LOCATION: N/ADJ WCR 12 & W/ADJ WCR 35 ZONING LAND USE N AG N AGRICULTURAL/RURAL RESIDENTIAL E AG E AGRICULTURAL/RURAL RESIDENTIAL S AG S AGRICULTURAL/ BOSS COMPOST, WELD COUNTY WASTE DISPOSAL W AG W AGRICULTURAL/RURAL RESIDENTIAL COMMENTS: SITE NEAT & ORDERLY W/NO APPARENT VIOLATIONS PLANNER: ROBERT ANDERSON INSPECTION DATE: 06/07/01 EXHIBIT Hello