HomeMy WebLinkAbout20011801.tiff INVENTORY OF ITEMS FOR CONSIDERATION
Applicant Mark & Phyllis Van Thuyne Case Number USR-1336
Submitted or Prepared
Prior to At Hearing
Hearing
1 Planning Commission Resolution
2 Staff Comments X
3 Department of Planning Services field check form X
4 Letter from Kenneth Markham received June 13,2001 X
5 Letter to Applicant X
6 Legal Notifications (2 pages) X
7 Application (7 pages) X
8 Referral list X
9 Colorado Division of Wildlife referral received 5/25/01 X
10 Town of Berthoud referral received 5/8/01 X
11 Weld County RE-5J School District referral received 5/3/01 X
12 Weld County Department of Building Inspection referral received X
5/17/01
13 Weld County Department of Public Health and Environment - X
Environmental Health Services referral received 5/15/01
14 Weld County Department of Public Works referral received X
5/21/01
15 8 1/2 X 11 maps submitted by applicant(1 page) X
16 Certificate of Conveyances/Deeds (9 pages) X
17 Surrounding Property Owners (5 pages) X
18 Septic Permit(2 pages) X
19 Little Thompson Water District letter dated June 27,2000 X
(1 page)
20 West Greeley Soil Conservation District soils information X
(2 pages)
21 Weld County Code Compliance Officer referral dated June 13, X
2001
22 Letter from Mark and Phyllis Van Thuyne dated June 18,2001 X
23 Letter from Frederick and Diane Weis dated June 17, 2001 X
4 EX IBIT
2001-1801
U52 I331a
24 Weld County Department of Public Health and Environment X
dated June 18,2001
25 Van Thuyne Residence and Property Pictures(6 pictures) X
26 Van Thuyne Property Site Drainage Pictures (2 Pictures X
26 Items submitted at planning commission
I hereby certify that the 26 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. N fur
Chris Gathman ❖ Current Planner
Page 1
lURe LANDAPPLICATION
SUMMARY SHEET
COLORADO
Case Number: USR-1336 Hearing Date: June 19, 2001
Applicant: Mark & Phyllis Van Thuyne Address: 2505 WCR 46,
Berthoud, CO 80513
Request: A Site Specific Development Plan and a Special Use Permit for a use
allowed by right in the 1-3 (Industrial) Zone District (Repair and Outdoor
Storage of equipment for the installation of underground fiber-optic lines) in
the A (Agricultural) Zone District
Legal Description: Part of the SE4 of Section 9, Township 4 North, Range 68 West of the 6th
P.M., Weld County, Colorado
Location: North of and adjacent to Weld County Road 46, approximately Y mile east
of Weld County Road 5
Size of Parcel: 3 +/- 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 Zoning Compliance Officer, referral received 4/25/2001
• Weld County Department of Public Health and Environment, referral received 5/15/2001
• Weld County Department of Public Works, referral received 5/17/2001
• Weld County Department of Building Inspection, referral received 5/17/2001
• Town of Berthoud, referral received 5/8/2001
• Weld County RE-5J School District, referral received 5/3/01
• Weld County Zoning Compliance Officer, referral received 6/13/01
r
t/ SPECIAL REVIEW PERMIT
�JJ ADMINISTRATIVE REVIEW
COLORADO
Planner: Chris Gathman
Case Number: USR-1336 Hearing Date: June 19, 2001
Applicant: Mark & Phyllis Van Thuyne Address: 2505 WCR 46,
Berthoud, CO 80513
Request: A Site Specific Development Plan and a Special Use Permit for a use
allowed by right in the 1-3 (Industrial) Zone District (Repair and Outdoor
Storage of equipment for the installation of underground fiber-optic lines) in
the A (Agricultural) Zone District
Legal Description: Part of the SE4 of Section 9, Township 4 North, Range 68 West of the 6th
P.M., Weld County, Colorado
Location: North of and adjacent to Weld County Road 46, approximately''/ mile east
of Weld County Road 5
Parcel Size: 3 +1- acres Parcel Number: 1061-09-000029
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. A.Goal 7 states "Protect
agricultural land from encroachment by those urban uses which hinder the
operational efficiency and productivity of the agricultural uses." The proposal will
not be taking any prime farmground out of production. The site currently consists
of an existing residence and outbuildings and a gravel lot area. Conditions of
Approval and Development Standards ensure that there are adequate provisions
for the protection of neighboring agricultural uses.
r
USR-1336-Van Thuyne Page 2
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
uses by right in the 1-3 (Industrial) Zone District (repair and outdoor storage) as a
Use by Special Review in the (A) Agricultural Zone District.
c. Section 23-2-220.A.3--The uses which will be permitted will be compatible with the
existing surrounding land uses. Neighboring land uses consist of cropland and
single family residences located across WCR 46, 1/4 mile to the west and 1/2 mile
to the east. Conditions of Approval and Development Standards will effectively
mitigate impacts to neighboring properties. Conditions of Approval require that the
applicant screen outdoor vehicle and equipment storage from adjacent properties.
Development Standards require that the applicant not begin operations until 6:30
A.M.
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 not located within an Urban
Growth Boundary or Intergovernmental Agreement Area. The site is located within
the three-mile referral area for the towns of Berthoud and Johnstown. Berthoud
indicated no conflicts with their interests in their referral response received May 8,
2001. A referral was not received from the Town of Johnstown indicating a conflict
with their interests.
e. Section 23-2-220.A.5 -- The application complies with Section 23-5 of the Weld
County Code. 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. Section 22-2-
60 A.1 states "Preserve prime farmland for agricultural purposes which foster the
economic health and continuance of agriculture." This parcel is located on land
designated as "Prime (Irrigated)" land according to the 1979 USDA-Soil
Conservation Service Important Farmlands of Weld County map. However,the site
is small (only three acres) and has an existing house, storage building and gravel
drive area that makes agricultural production impractical on this property.
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.
USR-1336-Van Thuyne Page 3
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 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. In 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
maintenance shop, or provide evidence to the Department of Public Health and
Environment that the applicant is not subject to the EPA Class V requirements.
Evidence of Department of Public Health and Environment approval shall be
submitted to the Department of Planning Services. (Department of Public Health
and Environment)
B. An individual sewage disposal system is required for the proposed shop and shall
be installed according to the Weld County Individual Sewage Disposal Regulations.
The septic system is required to be designed by a Colorado Registered Professional
• Engineer according to the Weld County Individual Sewage Disposal Regulations.
(Department of Public Health and Environment)
C. 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. Evidence of Department of Public Health approval shall be submitted
to the 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 (this should
include 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). The applicant shall submit
a dust abatement plan to the Environmental Health Services, Weld County
Department of Public Health & Environment, for approval. Evidence of
Department of Public Health & Environment approval shall be submitted to
the Department of Planning Services. (Department of Public Health and
Environment)
USR-1336-Van Thuyne Page 4
D. The applicant shall submit a Landscape and Screening Plan for approval by the
Department of Planning Services. The Landscape and Screening Plan shall screen
outdoor storage of business equipment and materials from adjacent properties.
(Department of Planning Services)
E. Proper Building Permits shall be submitted for the change of use for the shop.
Evidence of Final Inspection approval and/or a copy of a Certificate of Occupancy
from the Department of Building Inspection shall be submitted to the Department
of Planning Services. (Department of Building Inspection)
F. The applicant has a pending building code violation (VI-0100055) for electrical
permit EL-9910234 for the shop building. This permit has expired and has not been
finaled. A new electrical permit shall be applied for and evidence of final inspection
approval by the Department of Building Inspection shall be submitted to the
Department of Planning Services. (Building Code Compliance Officer)
G. The plat shall be amended to delineate the following:
1) Weld County Road 46 is designated on the Weld County Transportation
Plan Map as a local gravel road, which requires 60 feet of right-of-way at
full build out. There is presently 60 feet of right-of-way. A total of 30 feet
from the centerline of Weld County Road 46 shall be delineated right-of-
way on the plat. (Department of Public Works)
2) Off-street parking spaces and access drives shall be delineated on the
plat. (Department of Planning Services)
3) Off-street parking spaces and access drives shall be offset a minimum of
3-feet from adjacent property lines. (Department of Planning Services)
4) The proposed surface for the proposed parking lots and access drive
(gravel, asphalt, concrete,or equivalent)as approved by the Department
of Public Works shall be indicated on the plat. (Department of Planning
Services)
5) The approved Landscape and Screening Plan. (Department of Planning
Services)
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-1336-Van Thuyne Page 5
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Mark & Phyllis Van Thuyne
USR-1331
1. The Site Specific Development Plan and Special Review Permit is for a use allowed by right
in the 1-3 (Industrial) Zone District (repair and Outdoor Storage of equipment for the
installation of underground fiber-optic lines)in the A(Agricultural)Zone District. (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. Hours of operation shall be from 6:30 A.M. to 6:00 P.M. Monday through Saturday as
indicated in the application materials. (Department of Planning Services)
4. All repair and maintenance of vehicles and equipment shall be conducted within the shop.
(Department of Planning Services)
5. 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)
r-` 6. 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. 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)
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. This facility shall adhere to the maximum permissible noise levels allowed in the Residential
Zone as delineated in 25-12-103 C.R.S. (Department of Public Health and Environment)
10. Adequate hand washing and toilet facilities shall be provided for employees. (Department of
Public Health and Environment)
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)
USR-1336-Van Thuyne Page 6
12. The facility shall utilize the existing public water supply (Little Thompson Water District).
(Department of Public Health and Environment)
13. The property owner or operator shall be responsible for complying with the Design Standards
of Section 23-2-240 of the Weld County Code.
14. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
15. 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.
16. 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.
17. 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.
I^
USR-1336-Van Thuyne Page 7
OF PLANNING SERVICES
WIlDDEPARTMENT PHONE (970)353-6100, EXT.3540
C FAX (970)304-6498
1555 N. 17TH AVENUE
COLORADO GREELEY, COLORADO 80631
April 26, 2001
Mark and Phyllis Van Thuyne
2505 Weld County Road 46
Berthoud, Colorado 80513
Subject: USR-1336- Request for a Special Use Permit for Storage and Maintenance of boring equipment
for underground utilities on a parcel of land described as Lot A , AMRE- 1412, Part of the SE4
Section 9, T4N, R68N of the 6th P.M., Weld County, Colorado.
Dear Mr. and Mrs.Van Thuyne:
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 19,2001, 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 Johnstown and Berthoud
Planning Commissions for their review and comments. Please call 970-587-4664 and 970-532-3754 for
further details regarding the dates,times, and places of these meetings. It is recommended that you and/or
a representative be in attendance at the Johnstown and Berthoud 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,
•-` s L�� EXHIBIT
A1 3c
Chris Gathman
Planner
s-�
CASE NO. /ACRES
NAME ,.
REQUEST. . 1
A PUBLIC HEAR
ING CONCER
NING THIS
PROPERTY WE.L BE HELD AT 1566 NORTH
1Tw NNE.GREELEY,COLORADO SGRT1,
ON_ _20 _AT
FOR MORE INFORMATION CALL THE
f WELD COUNTY DEPT.OF PLANNING
SERVICES AT(ITO)3536100 EXT.3660. . '.
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f FIELD CHECK inspection date: 6/7/01
CASE NUMBER: USR-1336
APPLICANT: Mark Efi Phyllis Van Thuyne
LEGAL DESCRIPTION: Part of the SE4 9-4-68
LOCATION: North of and adjacent to WCR 46, Approx. 1/2 mile east of WCR 5
Zoning Land Use
N A(Agricultural) N Cropland (Corn)
E A (Agricultural) E Cropland (two single-family residences I/4 mile
east)
S A (Agricultural) S Single family residence immediately across
WCR 46, cropland
W A (Agricultural) W cropland (single family residence 'h mile east)
COMMENTS:
* Site has existing single-family house and out-building. Improvements (buildings, gravel
drives...) cover the majority of the site.
* Site is screened from WCR 46 by an existing stand of mature trees.
* There is no screening on the west or east boundaries of the property.
* Existing outbuilding has a storage area with a dirt floor (mainly dry storage) and a maintenance
area with a concrete floor).
Chriiislll��GGaathman, Current Planner EXHIBIT
3
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