HomeMy WebLinkAbout20010884 INVENTORY OF ITEMS FOR CONSIDERATION
Applicant Henry J. Rickers Case Number USR-1315
Submitted or Prepared
Prior to At Hearing
Hearing
1 Planning Commission Resolution
2 Staff Comments (8 pages) X
3 Photograph of sign posting X
4 Department of Planning Services field check form X
5 Planning Commissioner field check form X
6 Receipt X
7 Letter to Applicant X
8 Legal Notifications (2 pages) X
9 Application (7 pages) X
10 Referral List X
11 Referral Letter X
12 Colorado Division of Wildlife, referral received 1/15/2001 X
13 City of Dacono, referral received 1/17/2001 X
14 Weld County Department of Public Works, referral received X
1/26/2001 (2 pages)
15 Mountain View Fire Protection District, referral received X
1/16/2001 (3 pages)
16 Weld County Department of Public Health and Environment, X
referral received 1/19/2001 (2 pages)
17 Weld County Department of Building Inspection, referral X
received 1/5/2001
18 Maps (2 pages) X
19 8 1/2" X 11" maps submitted by applicant (4 pages) X
20 Deed X
21 Certificate of Conveyance (16 pages) X
22 Surrounding Property Owners (15 pages) X
23 Well and Septic Information (3 pages) X
24 Soil Survey X
Item submitted at planning commission 2. EXHIBIT
1 —+�— 2001-0884
L6(2.41315
I hereby certify that the 24 items identified herein were submitted to the Department of Planning Services at
or prior to the scheduled Planning Commission hearing. I further certify that these items were forwarded to
the Clerk to the Board's office.
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Sheri Lockman + Planner II
Page 1
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W■��� LAND USE
ION
E SUMMARY SHEET
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COLORADO
Case Number: USR-1315 Hearing Date: March 6, 2001
Applicant: Henry J. Rickers Address: 2425 1-25 Frontage Road
Erie, CO 80516
Request: A Site Specific Development Plan and a Special Review Permit for a business
permitted as a use by right or accessory use in the Commercial Zone District
(Landscaping Materials Yard) in the A (Agricultural) Zone District
Legal Description: Part of the N2 SE4 of Section 22, Ti N, R68W of the 6th P.M.,Weld County,
Colorado
Location: West of and adjacent to Interstate 25; 1/4 mile north of Weld County Road 6
Size of Parcel:19.68 +/- 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 Health and Environment, referral received 1/19/2001
• Weld County Department of Public Works, referral received 1/26/2001
• Weld County Department of Building Inspection, referral received 1/5/2001
• Mountain View Fire Protection District, referral received 1/16/2001
• Colorado Division of Wildlife, referral received 1/15/2001
• City of Dacono, referral received 1/17/2001
EXHIBIT
Page 2
SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW 4i6tti WIiDc.
COLORADO
Planner: S Lockman
Case Number:USR-1315 Hearing Date: March 6, 2001
Applicant: Henry J. Rickers Address: 2425 1-25 Frontage Road
Erie, CO 80516
Request: A Site Specific Development Plan and a Special Review Permit for a business
permitted as a use by right or accessory use in the Commercial Zone District
(Landscaping Materials Yard) in the A (Agricultural) Zone District
Legal Description: Part of the N2 SE4 of Section 22,Ti N, R68W of the 6th P.M.,Weld County,
Colorado
Location: West of and adjacent to Interstate 25; 1/4 mile north of Weld County Road 6
Parcel Size: 19.68 +/- acres Parcel Number: 1467 22 400012
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.
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 business permitted as a use by right or accessory use in the Commercial Zone
District as a Use by Special Review in the A(Agricultural)Zone District. Section 23-
3-220.B.2 allows for stores and shops which furnish services and merchandise at
retail to the general public as a use allowed by right in the C-2 (Commercial) Zone
District. Section 23-3-240 allows for outdoor storage areas as an accessory use in
the C-4 (Commercial) Zone District.
Page 3
c. Section 23-2-220.A.3 --The use which will be permitted will be compatible with the
existing surrounding land uses. The homes in close proximity are owned by the
applicant and his family. Surrounding properties on the west side of Interstate 25
are agricultural in nature. Directly south of the site is Baker Subdivision. Conditions
of Approval, and Development Standards ensure that sufficient screening will
mitigate any negative impacts the proposed use could bring about.
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 directly west of the City of
Broomfield and surrounded on the west, north and south by the Town of Erie.
Neither the City of Broomfield or the Town of Erie responded to referral requests,
indicating a favorable response. The site is within the three mile referral area of the
City of Dacono. The City of Dacono indicated no conflicts exist with their interests.
Outside storage of materials in a Commercial Zone District is required to be
screened from public rights-of-way and adjacent properties. Although the site is
zoned Agricultural, Planning Staff has determined that adequate screening will be
necessary to ensure compatibility with future uses.
e. Section 23-2-220.A.5 -- The application complies with Section 23-5 of the Weld
County Code. Effective December 1, 1999, Building Permits issued on the lot will
be required to adhere to the fee structure of the Southwest Weld Road Impact
Program Area 2.The site lies within an area designated as having severe geological
hazards. Development Standards include the requirement that a Geological Hazard
Development Permit shall be obtained prior to the release of building permits.
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. Although the
proposed site is designated "Prime" by the USDA Soil Conservation Services, the
site is of limited agricultural value. The small size, location of Little Dry Creek, and
uneven terrain all limit the productiveness of the site.
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
Page 4
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 plat shall be amended to delineate the following:
1) Only one identification sign per principal use is allowed in the Agricultural
Zone District. The plat shall be amended to show only one sign.
(Department of Planning Services)
2) South of Little Dry Creek, the plat identifies areas for future heavy
equipment and truck sales and future turf farm and nursery. No information
was included in the application regarding these uses, therefore, the
applicant has agreed to delete these references. (Department of Planning
Services)
3) The proposed location of the trash dumpster and appropriate screening from
adjacent properties and rights-of-way. (Department of Planning Services)
4) The applicant shall place on the plat a circulation pattern throughout the
facility that will accommodate two-way traffic and adequate turning radii,
loading and unloading areas to accommodate 18 wheelers. Evidence of
Department of Public Works approval shall be submitted to the Department
of Planning Services. (Department of Public Works)
B. An Air Pollution Emission Notice(A.P.E.N.)and Emissions Permit application must
be submitted to the Colorado Department of Health and Environment,Air Pollution
Control Division, for emissions of criteria, hazardous or odorous air pollutants.
Sources of such emissions include but are not limited to the following: sandblasting
operations, mining, spray paint booths, dry cleaners, haul road traffic, composting,
boilers and incinerators. (Department of Public Health and Environment)
C. A Dust Abatement Plan shall be submitted to the Weld County Department of Public
Health and Environment, Environmental Health Services Division. Evidence of
approval shall be submitted to the Weld County Department of Planning Services.
(Department of Public Health and Environment)
D. The existing septic system (Permit #G-930223) 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. In the event the system(s) is found to be inadequate, the system(s)
must be brought into compliance with current I.S.D.S. Regulations.The review shall
be submitted to the Weld County Department of Public Health and Environment.
Evidence of approval shall be submitted to the Weld County Department of
Planning Services. (Department of Public Health and Environment)
Page 5
E. The applicant shall submit a letter requesting the vacation of Use by Special Review
Permit 1006(USR-1006)for a golf driving range.(Department of Planning Services)
F. A detailed Landscape 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 also address
maintenance of the landscaping materials and potential replacement of dying
materials. The approved plan shall be delineated on the plat map. (Department of
Planning Services)
G. The Colorado Department of Transportation (CDOT) has jurisdiction over access
to 1-25 Frontage Road.The applicant shall contact CDOT to verify the access permit
or for any additional requirements that may be needed to obtain or upgrade an
access permit. Evidence of CDOT approval shall be submitted to the Department
of Planning Services. (Department of Planning Services)
H. The applicant shall enter into an Improvements Agreement according to policy
regarding collateral for improvements and post adequate collateral for landscaping,
parking lot and approach road 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)
I. The applicant shall submit written evidence from the Weld County Building
Inspection Department indicating that the existing building meets all Building Code
criteria. (Department of Building Inspection)
J. The site slopes to the southwest into Little Dry Creek.Any run-off from this site shall
be retained and released at a historical flow as not to impact any downstream
property owners. The applicant shall provide a written statement on how the storm
water drainage will be handled and disbursed on the site. (Department of Public
Works)
3. Prior to construction of any new buildings:
A. The applicant shall submit construction plans to the Mountain View Fire Protection
District. (Mountain View Fire Protection District)
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)
Page 6
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Henry J. Rickers
USR-1315
1. The Site Specific Development Plan and Special Use Permit is for a business permitted as
a use by right or accessory use in the Commercial Zone District (Landscaping Materials
Yard) 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. (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 Industrial,
Zone District as delineated in 25-12-103, C.R.S. (Department of Public Health and
Environment)
8. Adequate toilet facilities shall be provided for the employees and customers. (Department
of Public Health and Environment)
9. An I.S.D.S is required for the proposed residence and shall be installed according to the
Weld County I.S.D.S. Regulations. (Department of Public Health and Environment)
10. All future shops with restrooms shall install an Individual Sewage Disposal System. The
septic system 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)
11. The existing septic system (Permit #G-930223) shall be utilized for the 30' x 40' office.
(Department of Public Health and Environment)
12. The facility shall utilize the existing municipal sewage treatment system when it becomes
Page 7
available to this site. (Department of Public Health and Environment)
13. 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)
14. The facility shall utilize the existing public water supply (Left Hand Water District).
(Department of Public Health and Environment)
15. Effective December 1, 1999, Building Permits issued on the lot will be required to adhere
to the fee structure of the Southwest Weld Road Impact Program area 2. (Department of
Planning Services)
16. The landscaping on site shall be maintained in accordance with the approved Landscape
Plan. (Department of Planning Services)
17. All signs shall adhere to Section 23-4-90 of the Weld County Code and shall require
Building permits. (Department of Planning Services)
18. A Geological Hazard Development Permit shall be obtained prior to the release of building
permits. (Department of Planning Services)
19. The applicant shall submit construction plans to the Mountain View Fire Protection District
for review and approval prior to the release of building permits. (Mountain View Fire
Protection District)
20. The access road and approach radii shall be capable of accommodating two-way traffic and
large truck traffic, which will supply products to the facility. A minimum width of 24 feet with
a 40-foot radius shall be required. (Department of Public Works)
21. The 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)
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
amendment of the Permit by the Weld County Board of County Commissioners before such
Page 8
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.
(It a
DEPARTMENT OF PLANNING SERVICES
PHONE (970) 353-6100, EXT.3540
C
FAX (970)304-6498
1555 N. 17TH AVENUE
GREELEY, COLORADO 80631 COLORADO
December 29, 2000
Henry Rickers
2497 1-25 Frontage Rd
Erie, CO 80516
Subject: USR-1315- Request for a Site Specific Development Permit and Special Review Permit for a business
permitted as a use by right in the Commercial Zone District (Landscape Materials Yard) in the
Agricultural Zone District on a parcel of land described as Part of the N2 SE4 of Section 22, Township
1 North, Range 68 West of the 6th P.M., Weld County, Colorado.
Dear Mr. Rickers:
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 6, 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 Broomfield, Dacono, and Erie Planning
Commissions for their review and comments. Please call the City of Broomfield at 303-469-3301,the City of Dacono
at 303-833-2317, and the Town of Erie at 303-926-2700 for further details regarding the date, time, and place of
these meetings. It is recommended that you and/or a representative be in attendance at the Broomfield, Dacono,
and Erie Planning Commission meetings 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,
1 : (l Ii
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Sheri Lockman EXHIBIT XHIBIT
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EXHIBIT
3
FIELD CHECK
CASE NUMBER: USR-1315 DATE OF INSPECTION: 7.9fa/
APPLICANT'S NAME: Henry Rickers
PLANNER: Sheri Lockman
REQUEST: Site Specific Development Permit and Special Review Permit for a business permitted as a use
by right in the Commercial Zone District (Landscape Materials Yard) in the Agricultural Zone
District.
LEGAL DESCRIPTION: Part of the N2 SE4 of Section 22, Township 1 North, Range 68 West of the 6th
P.M., Weld County, Colorado.
LOCATION: West of and adjacent to Interstate 25; 1/4 mile north of WCR 6.
LAND USE:
N 2).r A/CA- d.9-6477S .Z i To,‘,/
E -r-?-s .S F/S car f r ,r,ativ-cccJ`o - --w 924 Go TJ` o, �hrce y
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ZONING: N A(Agricultural)
E A(Agricultural)
S A(Agricultural)
W A(Agricultural)
COMMENTS:
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6.49s-' Ter, / r/./'/4 Fo4 72iv it/Jr- ' AP'i9/dj2z,P
rsd t 40"-A9' rr.P rQS' is /-7/7,-//rF,-,e Tai -cf�
/4Ec'o.✓✓'T?z/C7j cite.' ..-r-2-5 Sh/o Ica ,S4
cy cA5 .cs /t /7-et-y
P.C. Member
EXHIBIT
FIELD CHECK inspection date: 1/23/2001
CASE NUMBER: USR-1315
APPLICANT: Henry J. Rickers
LEGAL DESCRIPTION: Pt. N2 SE4 Section 22, T1 N, R68W of the 6th P.M., Weld
County, CO
LOCATION: West of and adjacent to 1-25 Frontage Road, 1/2 mile south of Weld
County Road 8
Zoning Land Use
N A (Agricultural) N Agricultural / Residential
E A (Agricultural) E 1-25
S A (Agricultural) S Agricultural
W A (Agricultural) W Agricultural / Residential
COMMENTS: The site has one existing metal building. Two homes are
located northwest across Bull Canal (cement lined). Most of the building is
proposed on the high areas of the site. There is an existing pond at
approximately the location where the applicant is wishing to located stock
decorative gravel and mulch. The frontage road is paved to the entrance to
the site. One existing billboard is located on the site. There are many
prairie dogs. Most are located south of Little Dry Creek. There is a
concrete lined ditch south of the oil and gas lease road.
21 114 //
Sheri Lockman, Planner II
EXHIBIT
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