HomeMy WebLinkAbout20010333.tiff INVENTORY OF ITEMS FOR CONSIDERATION
Applicant Eleanor Gail Speaker Case Number USR-1300
Submitted or Prepared
Prior to At Hearing
Hearing
1 Board of County Commissioners Comments
2 Staff Comments ( 9 pages) X
3 Letter to Applicant X
4 Department of Planning Services field check form X
5 Legal Notifications ( 2 pages) X
6 Application ( 6 pages) X
7 Referral list X
8 USDA APHIS Veterinary Services referral received 10-19-2000 X
9 West Greeley Soil Conservation District referral rec'd 10-23-2000 X
10 Colorado Division of Wildlife referral received 10-24-2000 X
11 Weld County Sheriff's Office referral received 10-24-2000 X
12 St. Vrain Valley School District RE-1J referral rec'd 10-27-2000 X
13 Weld County Code Compliance Officer referral rec'd 11-1-2000 X
14 Town of LaSalle referral received 12-1-2000 X
15 Commissioner Miller Field Check received 11-13-2000 X
16 City of Evans referral received 10-30-2000 X
17 Weld County Department of Public Works X
referral received 10-31-2000
18 Weld County Department of Public Health & Environment X
referral received 11-1-2000
19 Weld County Department of Building Inspection X
referral received 11-2-2000
20 City of Greeley referral received 1-5-2001 X
21 8 1/2 X 11 maps submitted by applicant( 2 pages) X
22 Deed & Lease Agreement ( 5 pages) X
23 Surrounding Property Owners ( 5 pages) X
24 Utilities ( 3 pages) X
25 Soils ( 10 pages) X
2001-0333
26 Sign Notification for Hearing of January 16, 2001 X
27 Photograph of Access, Dept of Public Works, January 16, 2001 X
I hereby certify that the 26 items identified herein were submitted to the Department of Planning Services at
or prior to the scheduled Weld County Planning Commission hearing. I further certify that these items were
forwarded to the Clerk to the Board's office.
Kim Ogle + Plan& II
LAND USE APPLICATION
/ t SUMMARY SHEET
WLDc.
COLORADO
Case Number: USR-1300 Hearing Date: January 16, 2001
Applicant: Eleanor Gail Speaker
Address: 3240 47th Avenue Greeley, CO 80634
Request: A Site Specific Development Plan and a Special Review Permit for a business
permitted as a use by right in the Industrial Zone District (Parking areas or
Structures for vehicles or equipment) and the Commercial Zone District (Dog
Grooming Business) in the Agricultural Zone District
Legal Description: Lot A, RE-435, being part of the SW4 of Section 23, Township 5 North,
Range 66 West, of the 6th P.M., Weld County, Colorado
Location: East of and adjacent to WCR 33 (47th Avenue); approximately 2500 feet north of
WCR 54
Parcel Size : 2.52 +/-Acres Parcel #:0959 23 000001
POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS
The criteria for review of this Special Review Permit is listed in Section 24.3 (Section 23-2-260
of the Weld County Code) of the Weld County Zoning Ordinance.
The Weld County Department of Planning Services has received responses from the following
agencies:
• USDA-APHIS Veterinary Service, referral received October 19, 2000
• Weld County Sheriffs Office, referral received October 20, 2000
• West Greeley Soil Conservation District, referral received October 23, 2000
• Colorado Department of Wildlife, referral received October 24, 2000
• City of Evans referral received October 30, 2000
• Weld County Department of Public Works, referral received October 31, 2000
• Weld County Code Enforcement, referral received November 1, 2000
• Weld County Dept. of Public Health & Environment, referral received November 1, 2000
• Weld County Department of Building Inspection, referral received November 1, 2000
• Town of LaSalle, referral received December 1, 2000
• City of Greeley, referral received January 5, 2001
The Weld County Department of Planning Services has not received responses from the
following agencies:
• Union Colony Fire Rescue Authority
' t6 SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
WLIDc.
COLORADO
PLANNER: Kim Ogle
CASE NUMBER: USR 1300 HEARING DATE: January 16, 2001
APPLICANT: Eleanor Gail Speaker
ADDRESS: 3240 47th Avenue Greeley, CO 80634
REQUEST: A Site Specific Development Plan and a Special Review Permit for a business
permitted as a use by right in the Industrial Zone District (Parking areas or
Structures for vehicles or equipment) and the Commercial Zone District (Dog
Grooming Business) in the Agricultural Zone District
LEGAL DESCRIPTION: Lot A, RE-435, being part of the SW4 of Section 23, Township 5
North, Range 66 West, of the 6'h P.M., Weld County, Colorado
LOCATION: East of and adjacent to WCR 33 (47th Avenue); approximately 2500 feet north of
WCR 54
SIZE OF PARCEL: 2.52 +/- Acres PARCEL #: 0959 23 000001
THE WELD COUNTY DEPARTMENT OF PLANNING SERVICES RECOMMENDS THAT THE
SPECIAL REVIEW PERMIT APPLICATION USR-1300 BE DENIED FOR THE FOLLOWING
REASONS:
1. It is the opinion of the Department of Planning Services's staff that the applicant has not
shown compliance with Section 24.3 (23-2-260 of the Weld County Code) of the Weld
County Zoning Ordinance, as follows:
a. Section 24.3.1.1 (23-2-220.A.1 Weld County Code) -- This proposal is not
consistent with the Weld County Comprehensive Plan:
(Section 22-2-60.b.1 Weld County Code) A. Goal 2. allows for commercial and
industrial uses which are directly related to or dependent upon agriculture to locate
in the Agricultural Zone District when the impact to surrounding properties is
minimal, and where adequate services and infrastructure are available. The
Development Standards,Conditions of Approval, and Operations Standards cannot
effectively mitigate the adverse impacts to surrounding areas of the proposed use.
The current and anticipated use of this area is urban scale development and the
scope and scale of the applicant's proposed use is not compatible with this use. The
SPEAKER-USR 1300, page 2
placement of approximately 112 assorted Recreational Vehicles on approximately
2.52 acres may be intensive enough as to be better suited in a Commercial or
Industrial Zone District. Approval of this application does not enhance the
agricultural production of the site or area and may create future conflicts with
existing agriculture and future uses.
(Section 22-2-60-C.1 Weld County Code) A. Goal 3. This policy is intended to
promote conversion of agricultural land in an orderly manner which is in harmony
with the phased growth plans of a municipality and the County. It is further intended
to minimize the incompatibilities that occur between uses in the agricultural districts
and districts that allow urban-type uses.The applicant's proposed use(Recreational
Vehicle Storage and Dog Grooming Business) does not appear to be in harmony
with the projected growth plans of either affected municipality nor can the proposed
use be considered in compliance with the Comprehensive Plan of the City of Evans.
The City of Evans has projected low density residential development for this area,
is concerned with the potential for future nonconforming uses, and the municipality
strongly recommended denial of this application. The City of Greeley, in their
referral dated January 5, 2001 stated that they will defer to the City of Evans as the
applicants site is an enclave to the City of Evans.
(Section 22-2-80.C.2 Weld County Code) UGB. Goal 3. "The County a n d
municipalities should coordinate land use planning in urban growth boundary areas."
The Comprehensive Plan, Ordinance 147-Q dated October 31,2000, (Section 22-2-
80-B Weld County Code), states "Orderly development in the development in the
area surrounding a municipality requires coordination between the County and the
municipality." "The Intergovernmental Urban Growth Boundary Agreement is by far
the best tool for coordinating development at the municipality/county interface."
The Comprehensive Plan, Ordinance 147-Q dated October 31,2000, (Section 22-2-
80-B Weld County Code), states"When a municipality and the County enter into an
urban growth boundary agreement,the County agrees to abide by the municipality's
vision for future development in the area."
The site in question falls within the Intergovernmental Agreement (IGA) Boundary
of the City of Evans as determined by the Coordinated Planning Agreement adopted
by the City of Evans and Weld County on October 4, 1999 through Ordinance 208.
The City of Evans recommends denial of this application.
b. Section 24.3.1.2 (23-2-220.A.2 Weld County Code) -- This proposal is not
consistent with the intent of the Agricultural Zone District in which the use is located.
Section 31.4.18 (23-3-40.R Weld County Code) of the Weld County Zoning
Ordinance provides for Commercial and Industrial uses as a Use by Special Review
in the Agricultural Zone District. However, negative impacts from the proposed
Industrial use can not be effectively mitigated to ensure compatibility with existing
and future uses.
c. Section 24.3.1.3(23-2-220.A.3 Weld County Code)--The proposal is not consistent
with Section 24.3.1.3(23-2-220.A.3 Weld County Code)of the Weld County Zoning
SPEAKER- USR 1300, page 3
Ordinance, and does not appear to be compatible with the existing surrounding land
use which is predominantly agriculture and low density residential. Surrounding
land uses include rural residential with agricultural lands to the west; to the north is
an existing Recreational Vehicle and Day Care facility, USR 988, approved by the
Board of County Commissioners December 16, 1992; to the east is the Corporate
City Limits for the City of Greeley and the Gateway Subdivision and to the south is
the Corporate City Limits for the City of Evans and the Tuscany Subdivision.
Planning Staff concurs, with the Cities of Greeley and Evans that the applicant's
proposed use is not compatible with the current and anticipated uses in the area.
d. Section 24.3.1.4 (23-2-220.A.4 Weld County Code)--The proposed use will not be
compatible with future development of the surrounding area as permitted by the
Agricultural Zone District and with the future development as projected by the
Comprehensive Plan or Master Plan of affected municipalities. The City of Greeley
is deferring to the City of Evans as the applicants property is an enclave to the City
of Evans and is within their growth area. The City of Evans reviewed this proposal
and determined that this proposal does not comply with the policies or intent of their
Comprehensive Plan and the City of Evans recommends denial of this application.
e. Section 24.3.1.7 (23-2-220.A.7 Weld County Code) --The Design Standards
(Section 24.5 [Section 23-2-240 Weld County Code] of the Weld County Zoning
Ordinance), Operation Standards (Section 24.6 [Section 23-2-250 Weld County
Code] of the Weld County Zoning Ordinance), Conditions of Approval, and
Development Standards are, at this point in time, unable to ensure that there are
adequate provisions for the protection of health, safety, and welfare of the
inhabitants of the neighborhood and county.
The Weld County Department of Planning Services recommends denial of this Site Specific
Development Plan and a Special Review Permit for a business permitted as a use by right in the
Industrial Zone District(Parking areas or Structures for vehicles or equipment)and the Commercial
Zone District (Dog Grooming Business) in the Agricultural Zone District for the reasons stated
previously.
The Department of Planning Service's staff recommendation for approval is conditional upon the
following:
1. The attached Development Standards for the Special Review Permit shall be adopted and
placed on the Special Review Plat prior to recording the plat. The completed plat shall be
delivered to the 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.
2. Prior to recording the plat:
A. The applicant shall submit a detailed, legible and scaled Landscape Plan to the
Department of Planning Services for review and approval. The Landscape Plan
shall indicate location and species of all plant materials, planting implementation
schedule and landscape maintenance plan as well as the location and type of
screening to be used.
SPEAKER- USR 1300, page 4
The applicant shall submit evidence from the City of Evans that the facility has been
adequately screened thus ensuring compatibility with the surrounding residential
land uses. Evidence of City of Evans approval shall be submitted in writing to the
Department of Planning Services. (City of Evans, and Department of Planning
Services)
B. The applicant shall submit evidence of a plan addressing the Storm Water retention
facility that is designed to retain water run-off from a fully developed site based on
the 100-year storm or as otherwise required by the Weld County Department of
Public Works. The drainage facility shall be designed to release retained water at
a quantity and rate based on a five-year storm disbursement on an undeveloped
site. (Dept. of Public Works)
C. The applicant shall place on the plat adequate parking spaces to accommodate
different types of stored vehicles and shall maintain an adequate circulation pattern
for the vehicles. The site shall be limited to one hundred twelve (112) vehicles on
site. (Dept. of Public Works)
D. The septic system shall be reviewed by a Colorado Registered Professional
Engineer. The review shall consist of an 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 Service 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. (Dept. of Public Health)
E. The applicant shall submit evidence to the Weld County Department of Public
Health and Environment that the facility has received a permit from and will comply
with the Colorado Department of Agriculture Rules and Regulations pertaining to the
Administration and Enforcement of the Pet Animal Care and Facilities Act.
(Department of Planning Services)
F. WCR 33, 47th Avenue has been annexed by both the Cities of Evans and Greeley.
Given this situation, the applicant shall submit evidence to the Department of
Planning Services that all of the required improvements to WCR 33, 47th Avenue
have been addressed and approved by the City of Evans. (Dept. of Public Works)
G. The plat shall be amended to delineate the following:
1) The approved Landscape Plan. (Dept. of Planning Services, Cities of
Evans and Greeley)
2) The approved drainage and retention system. (Dept. of Public Works)
3) An approved typical cross section of the driveway, including width and depth
of roadway and type of surface. (Dept. of Public Works)
4) The approach and access gate shall be widened to accommodate wider and
longer vehicles. (Dept. of Public Works)
SPEAKER- USR 1300, page 5
5) The two storage spaces at the east end of the center island shall be
removed to provide adequate circulation between and around the facility.
(Dept. of Public Works)
6) The tree adjacent to the barn shall be retained and the additional storage
area as identified on the plat shall be eliminated. This modification will
provide an adequate turning radius through the access gate and into the
facility. (Dept. of Public Works)
7) The shared access between the adjacent parcel at this location is a forty
(40) foot access easement.
8) A recorded copy of any agreement signed by all of the owners of the
property crossed by the access. The access shall be for ingress and egress
and shall be referenced on the plat by the Weld County Clerk and
Recorders reception number.
9) A forty (40) foot wide joint easement extending from Weld County Road 33
(47th Avenue), for the benefit of Lots A and B, shall be shown clearly on the
plat. The joint access easement shall be dedicated for the use as shown
using the language set forth in Section 11.7.1.12.5 (Appendix 24-F.E. Weld
County Code) of the Weld County Subdivision Ordinance. The easement
shall be graded and drained to provide all weather access.
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. (Dept. of Planning Services)
SPEAKER- USR 1300, page 6
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Eleanor Gail Speaker
USR-1300
1. A Site Specific Development Plan and a Special Review Permit for a business permitted
as a use by right in the Industrial Zone District (Parking areas or Structures for vehicles or
equipment) and the Commercial Zone District(Dog Grooming Business) in the Agricultural
Zone District, as indicated in the application materials on file in the Department of Planning
Services and subject to the Development Standards stated hereon. (Dept. of Planning
Services)
2. Approval of this plan may create a vested property right pursuant to Section 90(Section 23-
8-10 Weld County Code) of the Weld County Zoning Ordinance, as amended. (Dept. of
Planning Services)
3. The hours of operation are from 8:00 a.m. to 6:00 p.m., seven days a week. The application
materials stated the hours of operation for the RV storage facility shall be from 6:00 a.m.
to 8:00 p.m. seven days a week, and the hours for the Dog Grooming business shall be
from 8:00 a.m. to 12 a.m. Midnight, seven days a week. (Dept. of Planning Services)
4. The off-street parking spaces including the access drive shall be surfaced with gravel,
recycled asphalt, asphalt, concrete, or equivalent and be graded to prevent drainage
problems. Off-street parking areas for vehicles shall be designed and constructed in
accordance to Section 41.1.2.1 (Section 23-4-10 Weld County Code) of the Weld County
Zoning Ordinance Standards. (Dept. of Planning Services, Dept. of Public Works)
5. All parking and storage shall be on the site. Parking shall not be permitted within any public
right-of-way. (Dept. of Public Works)
6. All proposed or existing structures will or do meet the minimum setback and offset
requirements for the Agricultural Zone District. (Dept. of Planning Services)
7. 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 for the final disposal in a
manner that protects against surface and groundwater contamination. (Dept. of Public
Health)
8. No permanent disposal of wastes shall be permitted at this site. (Dept. of Public Health,
City of Evans)
9. Waste materials shall be handled, stored, and disposed of in a manner that controls fugitive
PRELIMINARY, Speaker, USR 1300, page 7
dust, blowing debris, and other potential nuisance conditions. (Dept. of Public Health)
10. The maximum permissible noise level shall adhere to the maximum permissible noise levels
allowed in the Residential Zone as delineated in 25-12-102, Colorado Revised Statutes
(CRS). (Dept. of Public Health)
11. Any lighting used to illuminate the storage area, outside activity area, sign or other structure
shall be arranged as to deflect light away from any adjoining residential zone and from
county roads. Any lighting shall be designed, located, and operated in such a manner as
to meet the following standards: sources of light shall be shielded so that beams or rays
of light will not shine directly onto adjacent properties; neither the direct or reflected light
from any light source may create a traffic hazard to operators of motor vehicles on public
or private streets. (Dept. of Planning Services, City of Evans)
12. All construction on the property shall be in accordance with the Weld County Building Code
Ordinance. (Dept. of Planning Services, Dept. of Building Inspection)
13. The facility shall utilize the existing public water supply (City of Greeley Water). (Dept. of
Public Health)
14. Adequate toilet facilities shall be provided for the public. The public shall be allowed to use
the toilet facilities located in the residence. (Dept. of Public Health)
15. A trash receptacle must be provided for the public and must be screened from all adjacent
properties and public rights-of-way. (Dept. of Planning Services)
16. All outside loading, service, or storage areas must be screened with an opaque screen from
the public right of way and adjacent properties. Chain link fencing with slats or pallets are
not an acceptable screening material. Plant material shall be used extensively to soften the
appearance of the screen.
17. Any proposed sign shall require appropriate building permits and be constructed in
accordance with Section 42.2 (Sections 23-4-70 and Section 23-4-90 Weld County Code)
of the Weld County Zoning Ordinance. (Dept. of Planning Services)
18. The property owner or operator shall be responsible for complying with the Design
Standards of Section 24.5 (Section 23-2-240 Weld County Code) of the Weld County
Zoning Ordinance.
19. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 24.6 (Section 23-2-250 Weld County Code) of the Weld County
Zoning Ordinance.
20. 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 hereon and all applicable Weld County regulation
21. The Special Review area shall be limited to the plans shown hereon and governed by the
Speaker-USR 1300, page 8
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.
22. 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.
DRAFT-Eleanor Gail Speaker, USR 1300, page 9
(it, 0
DEPARTMENT OF PLANNING SERVICES
' PHONE (970) 353-6100, EXT.3540
W1`DCe
FAX (970) 304-6498
1555 N. 17TH AVENUE
GREELEY, COLORADO 80631
COLORADO
October 5, 2000
Christopher Stein
709 Third Ave
Longmont, CO 80501
Subject: USR-1300- Site Specific Development Permit and Special Use Permit for a Home Business
(R.V. Storage and Dog Grooming Business) in the Agricultural Zone District on a parcel of land
described as Lot A of RE-435, being part of the SW4 of Section 23, Township 5 North, Range of
the 6th P.M., Weld County, Colorado.
Dear Mr. Stein:
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 January 16, 2000, 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 Evans, Greeley, and LaSalle
Planning Commissions for their review and comments. Please call the City of Evans at 970-339-5344, the
City of Greeley at 970-350-9780,and the City of LaSalle at 970-284-6931 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 Evans, Greeley, and LaSalle 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,
Kim o e EXHIBIT
Planner
1 (11,'.
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EXHIBIT
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Weld County Planning Dept.
FIELD CHECK NOV 1 6 2000
CASE NUMBER: USR-1300 DATE OF INSPECTION: ) k- CC' R E C E I V E D
APPLICANT'S NAME: Eleanor Gail Speaker
PLANNER: Kim Ogle
REQUEST: Site Specific Development Permit and Special Use Permit for a Home Business (R.V. Storage
and Dog Grooming Business) in the Agricultural Zone District.
LEGAL DESCRIPTION: Lot A of RE-435, being part of the SW4 of Section 23, Township 5 North, Range
of the 6th P.M., Weld County, Colorado.
LOCATION: East of and adjacent to WCR 33; approximately 2500 feet north of WCR 54.
LAND USE: r
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ZONING: N A (Agricultural)
E A(Agricultural)
S A (Agricultural)
W A(Agricultural)
COMMENTS:
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Sol3Dly/S!cvlS, �7tcr,vll PiLoP CIY TC -NIL A/0cm/ )5
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P.C. Member
EXHIBIT
FIELD CHECK inspection date: November 8, 2000
CASE NUMBER: USR 1300
APPLICANT: Eleanor Gail Speaker
LEGAL DESCRIPTION: Lot A or RE 435, being part of the SW4 Section 23, Township 5
North, Range 66 West of the 6th PM, Weld County, CO
LOCATION: Approx. 2500 feet North of WCR 54; east of and adjacent to WCR33 (47th Avenue)
Zoning Land Use
N A (Agricultural) N RV Storage Lot, USR 988
E A (Agricultural) E Gateway Subdivision - City of Greeley
S A (Agricultural) S Tuscany Subdivision - City of Evans
W A (Agricultural) W Rural residential/ agricultural
COMMENTS:
• WCR 33 is a two lane pave road
OH electric east side of 47
Property has a single family house with basement. Part of the yard is fenced and
landscaped. The "Garage" has been converted to a living quarters. Note Cable satellite
dish on roof in photograph. Access to WCR 33 is via a shared access with parcel to the
north.
Horse paddock and corrals sited east of the house, behind garage. There is a horse on
premises. There are also several automobiles, campers and trailers parked on site
northeast of paddock.
Large cottonwood tree immediately south of gated entry to paddock area
limbs to ground. Owners spouse stated he is willing to limb up branches as needed
Kim Ogle, Pla er
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