HomeMy WebLinkAbout20011671.tiff INVENTORY OF ITEMS FOR CONSIDERATION
APPLICANT: BRETT& MICHELL BERNHARDT CASE#: USR-1333
Submitted or Prepared:
Prior to At
Hearing Hearing
1 Planning Commission Resolution
2 Department of Planning Services' Staff Review X
3 Department of Planning Services' Field Check X
4 Planning Commissioners' Field Check X
5 Letter to Applicant X
6 Legal Notice X
7 Application X
8 Referral List, Letter and Referrals without Comments, X
Referrals with Comments
9 Department of Public Works, referral received 05/02/01. X
10 Department of Health & Environment, referral received 04/27/01. X
11 Weld County Building Inspection, referral received 04/27/01. X
12 Weld County Code Enforcement, referral received 04/25/01. X
13 Weld County School District RE-5J, referral received 05/01/01. X
14 Town of Milliken, Colorado, referral received 05/02/01. X
15 West Greeley Soil Conservation District, referral received 05/01/01. X
16 Colorado Department of Transportation, referral received 04/13/01. X
17 Deed(s)/Certificate of Conveyance X
18 Surrounding Property/Mineral Owners X
19 Soil Survey X
20 Utilities X
21 Exhibits (Sign Posting Photograph) X
Item(s)submitted at Planning Commission:
I hereby certify that the 4/ items identified herein (Inventory of Items for Consideration-Case# USR-1333)were
submitted at or prior to the scheduled Planning Commission Hearing.I further certify that these items were subsequently
forwarded to the Weld County Clerk to the Board's Office.
Robert Anderson t Planner
Ei
Ex3IRIT
2001-1671
USt **393
A *'‘
ft LAND USE APPLICATION
WI`Pc. SUMMARY SHEET
COLORADO
Case #: USR-1333 Hearing Date: June 05, 2001
Applicant: Brett & Michelle Bernhardt Planner: R. Anderson
11263 State Highway 60
Milliken, Colorado 80543
Request: A Site Specific Development Plan and a Special Review Permit for a Use permitted
as a Use by Right or Accessory Use in the Commercial Zone District (Truck and
Landscape Materials Storage) in the A (Agricultural) Zone District.
Legal Lot A of RE-2469, Part of the North Half, Section 12, Township 4 North, Range 67
Description: West of the 6th Prime Meridian, Weld County, Colorado
Location: North of and adjacent to State Highway 60, 1/2 mile East of Weld County Road 23.
Parcel #: 1059 12 000 025 Parcel Size: 1.68+/- 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 Works, referral received 05/02/01.
• Weld County Department of Public Health & Environment, referral received 04/27/01.
• Weld County Department of Building Inspection, referral received 04/27/01.
• Weld County Zoning Code Compliance, referral received 04/25/01.
• Weld County Sheriffs Office, referral received 04/12/01.
Weld County School District RE-5J, referral received 04/16/01.
• West Greeley Soil Conservation District, referral received 05/01/01.
• Colorado Department of Transportation, referral received 04/13/01.
Town of Milliken, Colorado, referral received 05/02/01.
USR-1333 (Bernhardt), PRELIMINARY 1 EXHIBIT
Ott
SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
COLORADO
Case #: USR-1333 Hearing Date: June 05, 2001
Applicant: Brett & Michelle Bernhardt Planner: R. Anderson
11263 State Highway 60
Milliken, Colorado 80543
Request: A Site Specific Development Plan and a Special Review Permit for a Use permitted
as a Use by Right or Accessory Use in the Commercial Zone District (Truck and
Landscape Materials Storage) in the A (Agricultural) Zone District.
Legal Lot A of RE-2469, Part of the North Half, Section 12, Township 4 North, Range 67
Description: West of the 6th Prime Meridian, Weld County, Colorado
Location: North of and adjacent to State Highway 60, '/2 mile East of Weld County Road 23.
Parcel #: 1059 12 000 025 Parcel Size: 1.68+/- 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. The proposed site is
designated "Prime" and "Irrigated not Prime" by the USDA Soil Conservation
Services. Given the small size of the parcel, little if any agriculturally productive
land will be removed from production.
B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A
(Agricultural)Zone District. Section 23-3-40.R. of the Weld County Code provides
for a Use by Right or Accessory Use in the Commercial Zone District (Truck and
Landscape Materials Storage) as a Use by Special Review in the A (Agricultural)
Zone District.
USR-1333 (Bernhardt), PRELIMINARY 2
/1 PM
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 uses. 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. In the referral response received May 2,
2001 the Town of Milliken found no conflict with the proposed use.
E. Section 23-2-220.A.5 -- The application complies with Section 23-5 of the Weld
County Code. The site lies within the boundaries of Ordinance 217 (Milliken IGA).
The applicant has reached an agreement with the Town of Milliken as evidenced by
the Town of Milliken's referral response received May 2, 2001. •
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.
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 that the
applicant is not subject to the EPA Class V requirements. Evidence of approval shall
be submitted to the Weld County Department of Planning Services. (Department of
Public Health and Environment)
USR-1333 (Bernhardt), PRELIMINARY 3
B. The applicant shall 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 Weld County Department of
Planning Services. (Department of Public Health and Environment)
C. The septic system serving the house 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. Evidence of approval shall be submitted
to the Weld County Department of Planning Services. (Department of 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. The plan shall include at a minimum, the following:
1) A list of wastes which are expected to be generated on site, including
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.
E. The applicant shall submit a revised Landscape Plan to the Department of Planning
Services for review and approval. Upon approval the Landscape Plan shall be
placed on the plat. The applicant shall include in the Landscape Plan the following
information:
1) An installation schedule which specifies when the landscaping will be
installed on site.
2) A Plant Material List specifying the Botanical and Common names of all
plant material to be installed;the size of the plant material at installation and
whether the plant material is to be containerized or B&B.
3) A landscape maintenance schedule which specifically states who will
perform maintenance and that maintenance is on-going and shall not end
upon final acceptance by the Department of Planning Services.
(Department of Planning Services)
F. The applicant shall submit a Drainage Plan to contain storm water run-off from the
site that prevents damage to adjacent properties. Upon approval the Drainage Plan
and any necessary detention areas shall be delineated on the plat. Evidence of
approval shall be submitted to the Weld County Department of Planning Services.
,^1 (Department of Public Works)
USR-1333 (Bernhardt), PRELIMINARY 4
G. The applicant shall provide the Weld County Department of Planning Services a
copy of the access permit issued by the Colorado Department of Transportation
(COOT) which grants access to State Highway 60, or written evidence that the
applicant has complied with the requirements of the Colorado Department of
Transportation (CDOT).
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)
USR-1333 (Bernhardt), PRELIMINARY 5
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Brett & Michelle Bernhardt
USR-1333
1. The Site Specific Development Plan and Special Use Permit is for a Use permitted as a
Use by Right or Accessory Use in the Commercial Zone District (Truck and Landscape
Materials Storage) in the A (Agricultural) Zone District, as indicated in the application
materials on file and subject to the Development Standards stated hereon.
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the
Weld County Code.
3. An individual sewage disposal system is required for the proposed work shop and shall be
installed according to the Weld County Individual Sewage Disposal Regulations (I.S.D.S.)
The septic system is required to be designed by a Colorado Registered Professional
Engineer according to the Weld County I.S.D.S. Regulations.
4. 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)
5. 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)
6. 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)
7. Fugitive dust shall be controlled on this site.(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. (Department of Public Health and
Environment)
9. Adequate toilet and hand washing facilities shall be provided for employees and the public.
(Department of Public Health and Environment)
10. The applicant shall remove, handle, and stockpile overburden, soil, sand and gravel from
the facility area in a manner that will prevent nuisance conditions. (Department of Public
Health and Environment)
USR-1333 (Bernhardt), PRELIMINARY 6
11. All pesticides, fertilizer, and other potentially hazardous chemicals must be stored and
handled in a safe manner. Reference 25-8-205.5 Colorado Water Quality Control Act and
Rules and Regulations thereof. (Department of Public Health and Environment)
12. The facility shall utilize the existing public water supply. (Little Thomson Water District)
13. The landscaping on site shall be maintained in accordance with the approved Landscape
Plan. (Department of Planning Services)
14. Off-street parking and loading areas shall be surfaced with either gravel, asphalt, or
concrete and shall be graded so as to prevent drainage problems. (Department of Public
Works)
15. All operations shall be conducted during the hours of daylight. Hours of operation may be
extended with specific permission from the Weld County Board of County Commissioners.
(Dept. of Planning Services)
16. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240, Weld County Code.
17. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250, Weld County Code.
18. 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.
19. 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.
20. 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-1333 (Bernhardt), PRELIMINARY 7
(it
DEPARTMENT OF PLANNING SERVICES
WliD O • PHONE (970)353-6100, EXT.3540
C FAX (970) 304-6498
1555 N. 17TH AVENUE
COLORADO GREELEY, COLORADO 80631
April 4, 2001
Brett and Michelle Bernhardt
111263 Highway 60
Milliken, Colorado 80543
Subject: USR-1333- Request for a A Site Specific Development Plan and a Special Review Permit for
a Use permitted as a Use by Right or Accessory Use in the Commercial Zone District
(Truck and Landscape Materials Storage) in the Agriculture Zone District on a parcel of land
described as Lot A/RE-2469, PT/N2,Section 12,T4N, R67W 6'h P.M.,Weld County, Colorado of
the 6th P.M., Weld County, Colorado.
Dear Mr. and Mrs. Bernhardt:
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 Milliken Planning Commission for
their review and comments. Please call Town of Milliken at 970-587-4331 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
Milliken 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,
Robert Anderson EXHIBIT
Planner I
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FIELD CHECK
RECEIVED
CASE NUMBER: USR-1333 DATE OF INSPECTION: ,/-3'A/'
APPLICANT'S NAME: Brett and Michelle Bernhardt
PLANNr f Robert Anderso)
REQUESTiaSite Specific Development Plan and a Special Review Permit fora Use permitted as a Use by
Right or Accessory Use in the Commercial Zone District
(Truck and Landscape Materials Storage) in the Agriculture Zone District
LEGAL DESCRIPTION: Lot A/RE-2469, PT/N2, Section 12, T4N, R67W 6`11 P.M., Weld County, Colorado
of the 6th P.M., Weld County, Colorado.
LOCATION: North and adjacent to State Highway 60 and 1/2 mile east of Weld County Road 23.
LAND USE:
N /.✓7 L ALA/2)
E dThe re-e- e_fro/Ly SG a :'J /r/9/eA07
s
G/'Zn/ /cir<a s cJ/cis D to o e „ J�Gf7457-",c`3 s
W L'/i' 7i )7,9 „sc./Fit..13,-C .- /jl T,5/,„/"Atta// {�i!/f4
ZONING: N A(Agricultural)
E A(Agricultural)
S A(Agricultural)
W A(Agricultural)
COMMENTS: /giver 6-0 ,e'rrz ' S,t/O
P.C. Member
IBR_
fi-^ 46tiGri
FIELD CHECK ✓
COLORADO
APPLICANT: Brett & Michelle BERNHARDT CASE #: USR-1333
LEGAL: LOTA/RE-2469, PT/N2, 12-4-67
LOCATION: N/ADJ WCR ST HWY 60 & 1/2 MILE EAST WCR 23
ZONING LAND USE
N AG N AGRICULTURE, BIG THOMPSON RIVER BASIN
E AG E RESIDENTIAL, B&B USED CARS
S URBAN S MILLIKEN, RESIDENTIAL, GRADING IN PROGRESS
W URBAN W AGRICULTURAL FIELD/ APPROX1 MILE RESIDENTIAL
COMMENTS:
SITE NEAT AND ORDERLY
DUMP TRUCKS & LANDSCAPING
EQUIPMENT PARKED ON SITE
ST HWY 60 TRAFFIC - MODERATE
PLANNER: ROBERT ANDERSON INSPECTION DATE: 05/10/01
EXHIBIT
1 3
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