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Home My WebLink About20001040.tiff INVENTORY OF ITEMS FOR CONSIDERATION Applicant William and Joyce Rhoton Case Number USR-1266 Submitted or Prepared Prior to At Hearing Hearing 1 Planning Commission Resolution 2 Staff Comments (6 pages) X 3 Department of Planning Services field check form X 4 Photographs of sign postings (2) X —5--idotice-of Board of County Commissioners Hearing bup/;e.Zt , X 6 Request for release of electrical permit X 7 Letter to Applicant X 8 Legal Notifications (2 pages) X 9 Application (3 pages) X 10 Request for early Board of County Commissioners hearing X 11 Referral List X 12 Referral Letter X 13 West Greeley Soil Conservation District referral received X 3/28/2000 14 Weld County Code Compliance referral received 5/1/2000 X 15 Weld County Dept. of Public Works referral received 3/22/2000 X (3 pages) 16 Weld County Building Inspection referral received 3/23/2000 X (2 pages) 17 Weld County Dept. of Public Health and Environment referral X received 4/10/2000 (2 pages) 18 Briggsdale Fire District referral received 5/1/2000 (2 pages) X 19 Maps (2 pages) X 20 8 1/3"X 11" maps submitted by applicant(2 pages) X 21 24"X 36" plat X 22 Certificate of Conveyance (6 pages) X 23 Surrounding Property Owners (6 pages) X 24 Well and Septic Information (2 pages) X 25 Soil Survey(13 pages) X 11. EXHIBIT A2000-1040 (AR* Item submitted at planning commission I hereby certify that the 25 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. Alt r--1.---eXeNt Sheri Lockman •: Planner II Page 1 WilDe LAND USE APPLICATION SUMMARY SHEET COLORADO Case Number: USR-1266 Hearing Date: May 2, 2000 Applicant: William L. & Joyce E. Rhoton Address: 39260 WCR 68, Briggsdale, CO 80611 Request: A Site Specific Development Plan and a Special Review Permit for a home business (repair shop) in the Agricultural Zone District. Legal Description: SW4 SW4 of Section 22, T6N, R62 W of the 6th P.M., Weld County, Colorado Location: West of and adjacent to Weld County Road 79 1/2 and 3/4 mile south of Weld County Road 68 Size of Parcel: 40 acres POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS The criteria for review of this Special Review Permit is listed in Section 24.3 of the Weld County Zoning Ordinance. The Department of Planning Services' staff has received responses from the following agencies: Weld County Department of Public Health and Environment, referral received 4/10/2000 • Weld County Department of Public Works, referral received 3/22/2000 • Weld County Department of Building Inspection, referral received 3/23/2000 • West Greeley Soil Conservation District, referral received 3/28/2000 EXHIBIT Ia Page 2 / (1 SPECIAL REVIEW PERMIT ADMINISTRATIVE REVIEW wm€. COLORADO PLANNER: S Lockman CASE NUMBER: USR-1266 HEARING DATE: May 2, 2000 APPLICANT: William L. & Joyce E. Rhoton ADDRESS: 39260 WCR 68, Briggsdale, CO 80611 REQUEST: A Site Specific Development Plan and a Special Review Permit for a home business (repair shop) in the Agricultural Zone District. LEGAL DESCRIPTION: SW4 SW4 of Section 22, T6N, R62 W of the 6th P.M., Weld County, Colorado LOCATION: West of and adjacent to Weld County Road 79 %2 and 3/4 mile south of Weld County Road 68 SIZE OF PARCEL: 40 acres PARCEL NUMBER: 0797 22 000025 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 24.7 of the Weld County Zoning Ordinance. 2. It is the opinion of the Department of Planning Services's staff that the applicant has shown compliance with Section 24.3 of the Weld County Zoning Ordinance as follows: a. Section 24.3.1.1 --That the proposal is consistent with the Weld County Comprehensive Plan. A.Goal 1 states, "Preserve prime farmland for agricultural purposes which foster the economic health and continuance of agriculture". The U.S.D.A. soils maps indicate that the soils on this property are designated "Other" lands. No "Prime" farmland will be taken out of production. b. Section 24.3.1.2 --That the proposal is consistent with the intent of the district in which the USE is located. Section 31.4.15 of the Weld County Zoning Ordinance provides for home businesses as a Use by Special Review in the A (Agricultural) Zone District. Page 3 c. Section 24.3.1.3--That the uses which would be permitted will be compatible with the existing surrounding land uses. Uses within the surrounding area are limited residential and dryland pasture. Conditions of approval and development standards will ensure that any incompatibilities will be mitigated. d. Section 24.3.1.4--That the uses which would 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 the Comprehensive Plan or Master Plan of affected municipalities. The site does not lie within the Urban Growth Boundary or referral area of any municipality. e. Section 24.3.1.5-This proposal does not lie within any Overlay Districts. f. Section 24.3.1.6--That if the use is proposed to be located in the A (agricultural) District, that the applicant has demonstrated a diligent effort has been made 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 exists on the site. g. Section 24.3.1.7--The Design Standards (Section 24.5 of the Weld County Zoning Ordinance), Operation Standards (Section 24.6 of the Weld County Zoning Ordinance), 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) 2. Prior to recording the plat: A. All material, equipment and trash dumpsters stored outside must be screened from Weld County Road 79 1/2 and adjacent properties. A detailed screening plan shall be submitted to the Department of Planning Services for review and approval. If live material is used include common and botanical name, size and number of plants. 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) Page 4 B. The applicant shall submit a Waste Handling Plan to the Weld County Department of Public Health & 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: (Dept. of Public Health) 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). C. The plat shall be amended according to the following: (Dept. of Planning) 1) The plot plan shall indicate Weld County Road 79 '/2 D. The applicant shall apply for a building permit as required by the Weld County Department of Building Inspection as indicated in a referral dated March 21, 2000. The site shall comply with all Department of Building Inspection requirements prior to operation. (Dept. of Building Inspection) E. The applicant shall place a minimum of 2 inches of road base in the parking lot to provide an all-weather surface. (Dept. of Public Works) F. The material and equipment stored outside along with the pile of miscellaneous items stored at the end of Weld County Road 49 1/2 right of way are considered to be part of a noncommercial junkyard and must be removed from the property or screened from all adjacent properties and public rights-of-way. The property is in violation of the Weld County Zoning Ordinance. The applicant shall schedule a final inspection with the Weld County Zoning Compliance Officer, Bethany Salzman, and submit a copy of the closure letter indicating compliance with the Weld County Zoning Ordinance. 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) Page 5 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS William L. & Joyce E. Rhoton USR-1266 1. The Site Specific Development Plan and Special Use Permit is for a home business (repair shop) 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. (Dept. of Planning) 2. Approval of this plan may create a vested property right pursuant to Section 90 of the Weld County Zoning Ordinance. (Dept. of Planning) 3. All liquid and solid wastes shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. (Dept. of Public Health) 4. No permanent disposal of wastes shall be permitted at this site. (Dept. of Public Health) 5. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. (Dept. of Public Health) 6. Fugitive dust shall be controlled on this site. (Dept. of Public Health) 7. The maximum permissible noise level shall not exceed the residential limit of 55 db(A) as measured according to 25-12-102, C.R.S. (Dept. of Public Health) 8. The facility shall utilize the existing septic system (permit #G-19740031). (Dept. of Public Health) 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. (Dept. of Public Health) 10. The facility shall utilize the existing well. (Dept. of Public Health) 11. The screening / landscaping on site shall be maintained in accordance with the approved plan. (Dept. of Planning) 12. The parking lot shall be maintained in a manner to provide an all weather surface. (Dept. of Public Works) 13. The property owner or operator shall be responsible for complying with the Design Standards of Section 24.5 of the Weld County Zoning Ordinance. 14. The property owner or operator shall be responsible for complying with the Operation Standards of Section 24.6 of the Weld County Zoning Ordinance. Page 6 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. u2 tom,' „ L".1 C e1 y :— oEoue woxmntea.%CaD cr m.row w eg ESAT garwwew ;;;/". f e. 1. y' L-i{ U° UTx ,'.is s r � n • rs • William L Rhoton 39260 WCR 68 Briggsdale, CO 80611 Monica Daniels-Mika, AICP Weld County Planning Offices 1555 North 17th Avenue Greeley, CO 80631 March 8, 2000 Dear Monica Daniels-Mika, In reference to a request for special use review which we have applied for. We are asking that you consider allowing our electrical permit to be released upon final inspection. We need to have electrical to the Quonset that will allow us to have lights and other power to nun small hand tools in order to do some needed preparations such as insulating and weather proofing and to set up and time our machines that we will need for operating our repair business. If we wait until after the review procedure is complete to ready the Quonset that would set us back longer than the current 45-120 days, that would be detrimental our livelihood. At this time we feel it will most likely take us a minimum of 30 days to ready the Quonset after the electricat is installed. Our completion of work we need to do should just about coincide with the special use review procedure. With :)rtr location and size of business we don't foresee any problems which would cause our USR to he denied, we will certainly wait for the final approval of the USR before beginning any business operations. Even without our USR request had we had other pians WC Ali WotL'cl like to have lights and a few outlets in the Quonset. We hope that you see our concern and will consider our request. If you have any questions or concerns please call us at 970-656-3663 Sincerely, William I.,Rhoton Joyce E Rhoton CT • 4 DEPARTMENT OF PLANNING SERVICES resPHONE (970) 353-6100, EXT.3540 FAX (970) 304-6498 1555 N. 17TH AVENUE ' GREELEY, COLORADO 80631 C. COLORADO March 14, 2000 William Rhoton 39260 WCR 68 Briggsdale, CO 80611 Subject: USR-1266 - Request for a A Site Specific Development Plan and Special Review Permit for a Home Business (Repair Shop) in the Agricultural Zone District on a parcel of land described as SW4 SW4 of Section 22, Township 6 North, Range 62 West of the 6th P.M., Weld County, Colorado. Dear Mr. Rhoton: 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 2, 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. 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, I/ZZU 11/51°ate Sheri Lockman Planner EXHIBIT 7 FIELD CHECK inspection date: 4/19/2000 CASE NUMBER: USR-1266 APPLICANT: William L. & Joyce E. Rhoton LEGAL DESCRIPTION: SW4 SW4 Section 22, T6N, R62W of the 6th P.M., Weld County, CO LOCATION: West of and adjacent to Weld County Road 79.5 and 3/4 mile south of Weld County Road 68 Zoning Land Use N A (Agricultural) N Agricultural / Residential E A (Agricultural) E Agricultural S A (Agricultural) S Agricultural W A (Agricultural) W Agricultural COMMENTS: Entire area dryland pasture. One home directly north in close proximity. Outside storage is not screen. Pile of miscellaneous debris needs to be removed from the right of way. Sheri Lockman, Planner II EXHIBIT _ __ Hello