HomeMy WebLinkAbout20010790 INVENTORY OF ITEMS FOR CONSIDERATION
Applicant Kelly and Dana Boyle Case Number USR-1317
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 Receipt X
6 Letter to Applicant X
7 Legal Notifications (2 pages) X
8 Application (11 pages) X
9 Referral List X
10 Referral Letter X
11 Weld County Zoning Compliance, referral received 2/27/2001 X
12 Weld County Sheriffs Office, referral received 2/16/2001 X
13 Fort Lupton Fire Protection District, referral received 1/29/2001 X
14 City of Fort Lupton, referral received 2/7/2001 X
15 Colorado Division of Wildlife, referral received 2/2/2001 X
16 Weld County Department of Building Inspection, referral X
received 1/31/2001
17 Weld County Department of Public Works, referral received X
2/1/2001 (3 pages)
18 Weld County Department of Public Health and Environment, X
referral received 2/20/2001 (2 pages)
19 Maps (2 pages) X
20 8 1/2" X 11" maps submitted by applicant (2 pages) X
21 24"X 36" plat X
22 Deed (2 pages) X
23 Certificate of Conveyance (9 pages) X
24 Surrounding Property Owners (18 pages) X
25 Letter from Surrounding Property Owner(2 pages) X
z EXHIBIT
2001-0790
26 Letter from Surrounding Property Owner X
27 Well and Septic Information (2 pages) X
28 Soil Survey( pages) X
29
30
Item submitted at planning commission
I hereby certify that the 28 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 d• Planner II
Page 1
Wi`DC. LAND APPLICATION
SUMMARY SHEET
COLORADO
Case Number: USR-1317 Hearing Date: March 6, 2001
Applicant: Kelly & Dana Boyle Address: 21655 Orleans Circle
Commerce City, CO 80022
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 Description: Pt. E2 NE4 Section 16,T2N, R66W of the 6th P.M., Weld County, Colorado
Location: 150 feet west of Weld County Road 31 and south of and adjacent to Weld County
Road 22
Size of Parcel: 65.797+/- 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 2/1/2001
• Weld County Department of Building Inspection, referral received 1/31/2001
• Weld County Sheriffs Office, referral received 2/16/2001
• Fort Lupton Fire Protection District, referral received 1/29/2001
• Colorado Division of Wildlife, referral received 2/1/2001
• City of Fort Lupton, referral received 2/7/2001
• Weld County Department of Public Works, referral received 2/1/2001
Page 2
/ SPECIAL REVIEW PERMIT
I( ADMINISTRATIVE REVIEW
WUDc
COLORADO
Planner: S Lockman
Case Number: USR-1317 Hearing Date: March 6, 2001
Applicant: Kelly & Dana Boyle Address: 21655 Orleans Circle
Commerce City, CO 80022
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 Description: Pt. E2 NE4 Section 16, T2N, R66W of the 6th P.M.,Weld County, Colorado
Location: 150 feet west of Weld County Road 31 and south of and adjacent to Weld County
Road 22
Parcel Size: 65.797 +/- acres Parcel Number:130916000027
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 "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
Page 3
(Agricultural) Zone District. Section 23-3-40.R of the Weld County Code provides
for a business permitted as a use by right or an accessory use in the Commercial
Zone District as a Use by Special Review in the A (Agricultural) Zone District.
Section 23-3-240.C.1 allows for parking areas or structures for use by employees,
customers and company vehicles and Section 23-3-240.C.6 allows for repair
garages or shops as an accessory use in the C-4 (Commercial) Zone District.
c. Section 23-2-220.A.3--The uses which will be permitted will be compatible with the
existing surrounding land uses. The proposed shop 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 conflicts 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 "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 submit a Waste Handling Plan to the Weld County Department
Page 4
of Public Health and Environment, Environmental Health Services Division.
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, including
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)
B. 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)
C. The applicant shall submit evidence 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 signed copy of the proposed access agreement.
(Department of Planning Services)
E. The applicant shall apply for an Underground Injection Control (UIC) Class V
Injection Well permit through the Environmental Protection Agency(EPA)or provide
evidence that the applicant is not subject to the EPA Class V requirements.
(Department of Public Health and Environment)
F. The plat shall be amended to include:
1) 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)
Page 5
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
Kelly & Dana Boyle
USR-1317
1. The Site Specific Development Plan and Special Use Permit is 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, 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. If applicable, a NPDES Permit shall be obtained from the Water Quality Control Division of
the Colorado Department of Health for any proposed discharge into State Waterways.
(Department of Public Health and Environment)
5. 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)
6. No permanent disposal of wastes shall be permitted at this site. (Department of Public
Health and Environment)
7. 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)
8. Fugitive dust shall be controlled on this site. (Department of Public Health and Environment)
9. 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)
10. Adequate toilet facilities shall be provided for employees. (Department of Public Health and
Environment)
11. A Weld County Individual Sewage Disposal System (I.S.D.S.) is required for the proposed
residence and shop. 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)
12. The facility shall utilize well water. (Department of Public Health and Environment)
Page 7
13. 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)
14. The facility shall dispose all wastes in accordance with the approved waste handling plan.
(Department of Public Health and Environment)
15. 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)
16. The access lane shall be graded and drained to provide an all-weather access to the
facility. (Department of Public Works)
17. 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)
18. Off-street parking spaces, including the access drive,shall be surfaced with gravel,asphalt,
concrete,or the equivalent and shall be graded to prevant drainage problems. (Department
of Public Works)
19. All maintenance of trucks shall be performed within the shop. (Department of Planning
Services)
20. The number of semi trucks and trailers on the site shall be limited to four (4). (Department
of Planning Services)
21. The site shall maintain compliance with the approved Landscape Plan. (Department of
Planning Services)
22. Storage and parking of semi trucks on the lot shall be limited to those operated or owned
by the applicant. (Department of Planning Services)
23. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240, Weld County Code.
24. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250, Weld County Code.
25. 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.
26. 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
Page 8
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.
27. 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.
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DEPARTMENT OF PLANNING SERVICES
ll PHONE (970)353-6100, EXT.3540
Wi CD 17T FAX 304-6498
1555 N. 17TH AVENUE
GREELEY, COLORADO 806 80631
COLORADO
January 19, 2001
Kelly and Dana Boyle
21655 Orleans Cir.
Commerce City, CO 80022
Subject: USR-1317- Request for a Site Specific Development Plan and Special Review Permit for a
business permitted as a use by right in the Commercial Zone District (Parking of Vehicles and
Equipment and Repair Shop) in the Agricultural Zone District on a parcel of land described as
Part of the E2 NE4 of Section 16,Township 2 North, Range 66 West of the 6th P.M.,Weld County,
Colorado.
Dear Kelly and Dana Boyle:
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 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,
__JAI _ '
nJ (C1 c fi of 47
Sheri Lockman EXHIBIT
Planner
FIELD CHECK inspection date: 1/23/2001
CASE NUMBER: USR-1317
APPLICANT: Boyle
LEGAL DESCRIPTION: Pt. E2 NE4 Section 16, T2N, R66W of the 6th P.M., Weld
County, CO
LOCATION: South of and adjacent to Weld County Road 22 and approximately 140
feet west of Weld County Road 31
Zoning Land Use
N A (Agricultural) N Agricultural / Residential
E A (Agricultural) E Agricultural / power station 1 mile
S A (Agricultural) S Agricultural
W A (Agricultural) W Agricultural / Residential
COMMENTS: The area is dryland pasture. Homes lie directly north and
west of the site. Public service company has two existing
power lines directly east of the site. The access is
proposed across the Public Service Company property.
Access from WCR 22 would be difficult because the
property is low along the north edge. There is a hill where
the home/shop are proposed to be located. This would
help with screening directly east on WCR 31 but would
not help in other directions.
Sheri Lockman, Planner II
EXHIBIT
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