HomeMy WebLinkAbout20011533.tiff INVENTORY OF ITEMS FOR CONSIDERATION
APPLICANT: JOHN ZADEL CASE#: USR-1330
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 04/20/01. X
10 Department of Health & Environment, referral received 04/19/01. X
11 Weld County Building Inspection, referral received 04/04/01. X
12 Weld County Code Enforcement, referral received 04/25/01. X
13 Platte Valley Soil Conservation District, referral received 05/01/01. X
14 Deed(s)/Certificate of Conveyance X
15 Surrounding Property/Mineral Owners X
16 Soil Survey X
17 Utilities X
18 Exhibits X
Item(s)submitted at Planning Commission:
19 HS Gathering Letter dated May 15, 2001 X
I hereby certify that the 19 items identified herein (Inventory of Items for Consideration- Case # USR-1330) 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. a i
Robert Anderson 4 Planner
EXHIBIT
2001-1533
ylo
fr( rpl LAND USE APPLICATION
WIiDc. SUMMARY SHEET
COLORADO
Case #: USR-1330 Hearing Date: May 15, 2001
Applicant: JOHN ZADEL Planner: R. Anderson
Address: 4200 WCR#19 Fort Lupton, Colorado 80621
Request: A Site Specific Development Plan and a Special Review Permit for a Business
permitted as an Accessory Use (Excavation Business) in the C-3 (Commercial)
Zone District in the A (Agricultural) Zone District.
Legal Lot A/RE-3051, Part of the South Half of the Southwest Quarter, Section 10,
Description Township 1 North, Range 67 West of the 6TH Prime Meridian, Weld County,
Colorado
Location: North of and adjacent Weld County Road 10 & East of and adjacent Weld County
Road 19
Parcel Size: 10.00+/- acres Parcel #: 1469 10 000 012
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 received04/20/01.
► Weld County Department of Public Health and Environment, referral received04/19/01.
► Weld County Department of Building Inspection, referral received 04/04/01.
• Weld County Code Compliance, referral received 04/25/01.
► Colorado Division of Wildlife, referral received 04/19/01.
► Fort Lupton Fire Protection District, referral received 03/26/01.
► City of Fort Lupton, Colorado, referral received 04/11/01
USR- 1330 (ZADEL), 1 EXHIBIT
1 2
Tit�'` 1 • 77 1 SPECIAL REVIEW PERMIT
lUReADMINISTRATIVE REVIEW
COLORADO
Case #: USR-1330 Hearing Date: May 15, 2001
Applicant: JOHN ZADEL Planner R. Anderson
Address: 4200 WCR#19 Fort Lupton, Colorado 80621
Request: A Site Specific Development Plan and a Special Review Permit for a Business
permitted as an Accessory Use (Excavation Business) in the C-3 (Commercial)
Zone District in the A (Agricultural) Zone District.
Legal Lot A/RE-3051, Part of the South Half of the Southwest Quarter, Section 10,
Description: Township 1 North, Range 67 West of the 6T" Prime Meridian, Weld County,
Colorado
Location: North of and adjacent Weld County Road 10 & East of and adjacent Weld County
Road 19
Parcel Size: 10.00 acres Parcel #: 1469 10 000 012
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's 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. A.Goal 2 states, "allow
commercial and industrial uses which are directly related to or dependent upon
agriculture to locate within agricultural zoning when the impact to surrounding
properties is minimal, and where adequate services and infrastructure are
available."
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 an Accessory Use in the Commercial Zone District as
a Use by Special Review in the A(Agricultural)Zone District. Section 23-3-230.D.2
may be construed to allow an Excavation Business as an Accessory Use in the C-3
(Commercial) Zone District.
USR- 1330 (ZADEL), 2
r1
C. Section 23-2-220.A.3--The uses which will be permitted will be compatible with the
existing surrounding land uses. Conditions of Approval and Development Standards
will ensure that any incompatibilities will be mitigated.Surrounding land uses include
to the north, east and west include agricultural use and associated residences and
to the south an Oil and Gas facility.
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 does not lie within an Urban
Growth Boundary but does lie in the confines of the Tri-Area Intergovernmental
Agreement Area.The site lies within the three mile referral area of the municipalities
of Fort Lupton and Dacono. The City of Fort Lupton in the referral response dated
4/11/01 found no conflicts with their interests. The City of Dacono did not respond.
E. Section 23-2-220.A.5 -- The site lies within the boundaries of the Tri-Area
Intergovernmental Agreement (IGA) as defined by Appendix 19-C of the Weld
County Code as well as Area 3 of the Southwest Weld Road Impact Fee Area as
defined by Appendix 20-E of the Weld County Code. An IGA Notice of Inquiry was
forwarded to the City of Dacono on March 19, 2001, Planning Services has not
received a response.
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" by the USDA Soil Conservation Services.
However, no farm ground will be taken out of production. The proposed use is to
be located on ten (10) acres of the contiguous land owned by the applicant (Lot A,
RE-3051).
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'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. (Dept. of Planning Services)
r
USR- 1330 (ZADEL), 3
n
T
2. Prior to recording the plat:
A. A detailed Landscape/Screening Plan identifying the number, size and species of
landscape materials, shall be submitted to the Department of Planning Services for
review and approval. The Landscape/Screening Plan shall address maintenance
as well as replacement of the dead or dying landscape materials. The approved
Landscape/Screening Plan shall be delineated on the plat map. (Dept. of Planning
Services)
B. Weld County Road 19 is designated on the Southwest Study Area Capacity
Improvement Needs Map as a collector status road,which requires 80 feet of right-
of-way at full build out. There is presently 60 feet of right-of-way. A total of 40 feet
from the centerline of Weld County Road 19 shall be delineated on the plat as
right-of-way reservation for future expansion of Weld County Road 19. This road
is maintained by Weld County. (Dept. of Public Works)
C. Weld County Road 10 is designated as a section line access road at this location
The applicant shall enter into a Road Maintenance and Improvements agreement
with Weld County for the upgrade and resurfacing of Weld County Road 10 east of
Weld County Road 19 and on site parking with gravel, asphalt, concrete or
equivalent,and it shall be graded to prevent drainage problems.The improvements
shall consist of upgrading and widening Weld County Road 10 east of Weld County
Road 19 through the east access point. The minimum width of the improvement
shall be 26 feet to accommodate two-way traffic and the minimum width shall be four
inches of aggregate base course. Commercial access road standards require a 40-
foot turning radius.An approved copy of this Road Maintenance and Improvements
agreement with Weld County shall be submitted to the Department of Planning
Services. (Dept. of Public Works)
D. Off-street parking spaces including the access drive shall be surfaced with gravel,
asphalt, concrete, or the equivalent and shall be graded and drained to permit all
weather access. (Dept. of Public Works)
E. The applicant shall submit a Storm Water Drainage Plan to the Department of
Public Health and Environment for review and approval. An approved copy of this
plan shall be submitted to the Department of Planning Services. (Dept. of Public
Works)
F. The applicant shall complete the Recorded Exemption Process(RE-3051) currently
pending with the Department of Planning Services. (Dept of Planning Services)
G. In the event the structure(s)is equipped with a floor drain, the applicant must 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 contractor shop,or provide evidence that the applicant is not subject to the EPA
Class V requirements. (Dept. of Public Health and Environment)
USR- 1330(ZADEL), 4
n
H. An Individual Sewage Disposal System is required for the proposed buildings and
shall be installed according to the Weld County I.S.D.S. Regulations. Septic
systems are required to be designed by a Colorado Registered Professional
Engineer according to the Weld County I.S.D.S. Regulations. The installation of
septic systems on the proposed site shall comply with the Weld County I.S.D.S.
flood plain policy. (Dept. of Public Health and Environment)
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. (Planning)
USR- 1330 (ZADEL), 5
n
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
USR-1330, JOHN ZADEL
1. The Site Specific Development Plan and Special Use Permit is for a Business permitted as
an Accessory Use (Excavation Business) in the C-3 (Commercial) Zone District in the A
(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.
2. Approval of this plan may create a vested property right pursuant to Chapter 23,Article VIII
of the Weld County Code.
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. 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)
8. Adequate toilet and hand washing facilities shall be provided for employees and the public.
(Department of Public Health and Environment)
9. 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)
10. The facility shall utilize the existing public water supply. (Department of Public Health and
Environment, Central Weld County Water District)
11. The applicant must comply with the Waste Handling Plan as submitted on April 19, 2001.
(Department of Public Health and Environment)
12. The landscape/screening on site shall be maintained in accordance with the approved
Landscape/Screening Plan. (Department of Planning Services)
USR- 1330 (ZADEL), 6
13. There shall be no staging or parking of vehicles or equipment along Weld County Roads
10 or 19. All parking, loading and off-loading shall be on-site. (Department of Public
Works)
14. The access road shall be maintained by the operator to support the imposed loads of fire
apparatus and shall be provided with a surface so as to provide all-weather driving
capabilities. (Department of Public Works)
15. All construction on the property shall be in accordance with the Weld County Building Code.
(Department of Planning Services, Building Inspection)
16. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code. (Department of Planning
Services)
17. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code. (Department of Planning
Services)
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. (Department of
Planning Services)
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- 1330 (ZADEL), 7
n
a es\ (site\ ;Nts\\:,
DEPARTMENT OF PLANNING SERVICES
PHONE (970) 353-6100, EXT.3540
IFAX (970) 304-6498
W�`O • 1555 N. 17TH AVENUE
C GREELEY, COLORADO 80631
COLORADO
March 26, 2001
Intermill Land Surveying
Attn: Steve Stencil _
1301 N. Cleveland Ave
Loveland, CO 80537
Subject: USR-1330- Request for a Site Specific Development Plan and Use by Special Review for a Use
by Right in the Commercial Zone District(Contractor's Shop)in the Agricultural Zone District on
a parcel of land described as Lot A of RE-3051, Part of the S2/SE4 of Section 10, Townshipl
North, Range 67 West of the 6th P.M., Weld County, Colorado.
Dear Mr. Stencil:
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 May 15, 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 Dacono and Ft. Lupton Planning
Commissions for their review and comments. Please call the City of Dacono at 303-833-2317 and the City
of Fort Lupton at 970-346-0326 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 Dacono and Ft. Lupton 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,
EXHIBIT
Robert Anderson
Planner
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FIELD CHECK
CASE NUMBER: USR-1330 DATE OF INSPECTION: Ailiatift }anngn in6 p Pt'
APPLICANTS NAME: John Zadel
5 7000 `
PLANNER: Robert Anderson
REQUEST: Site Specific Development Plan and Use by Special Rev rtc q f the
Commercial Zone District (Contractor's Shop) in the Agricultural Zone District.
LEGAL DESCRIPTION: Lot A of RE-3051, Part of the S2/SE4 of Section 10, Township1 North, Range 67
West of the 6th P.M., Weld County, Colorado.
LOCATION: North of and adjacent to WCR 10 and east of and adjacent to WCR 19.
LAND USE: n)
N Citer
S L r
W HAW
ZONING: N A(Agricultural)
E A(Agricultural)
S A(Agricultural)
W A(Agricultural)
COMMENTS:
P.C. Member 19?)(6411
EXHIBIT
✓`
111k. HELD CHECK ✓
COLORADO
APPLICANT: JOHN ZADEL CASE #: USR-1330
LEGAL: LOT A/RE-3051, PT S2/SW4, SEC 10, T1 N, R67W, 6T" PM,
WELD COUNTY, CO
LOCATION: N/ADJ WCR 10 & E/ADJ WCR 19
ZONING LAND USE
N AG N AGRICULTURAL
E AG E AGRICULTURAL
S AG S O&G, AGRICULTURAL
W AG W AGRICULTURAURES
COMMENTS:
SITE IS NEAT AND ORDERLY
NO APPARENT VIOLATIONS
SLOPE- E -4) W
LARGE OUTBUILDING, EQUIPMENT,
UNSCREENED AT APPLICANTS
RESIDENCE
EXISTING ACCESS TO PROPOSED SITE 11E
VERY CLOSE TO INTERSECTION WCR'S
10 & 19
PLANNER: ROBERT ANDERSON INSPECTION DATE: 04/19/01
EXHIBIT
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