HomeMy WebLinkAbout20002078 INVENTORY OF ITEMS FOR CONSIDERATION CASE # : USR-1274
APPLICANT: CAROL APPLEGARTH
Submitted or Prepared:
Prior to At
Hearing Hearing
1 Planning Commission Resolution
2 Department of Planning Services, Staff Comments X
3 Department of Planning Services, Field Check Form X
4 Letter to Applicant X
5 Application (5 pages) X
6 Legal Notifications (2 pages) X
N/A X
8 Department of Public Works, received May 8, 2000. X
9 Department of Public Health & Environment, received May 24, 2000. X
10 City of Evans, CO, received May 25 &July 27, 2000. X
11 Fire Protection District, received May 11, 2000. X
12 Weld County Building Inspection Department, received May 31, 2000 X
13 City of Greeley, CO, received July 19, 2000. X
14 Referrals without comments (4 pages) X
15 Referral List/Letter(2 pages) X
16 8 1/2 X 11 maps submitted by applicant (2 pages) X
17 Deed / Certificate of Conveyance (10 pages) X
18 Surrounding Property Owners (28 pages) X
19 Soil Survey (4 pages) X
20 Utilities (4 pages) X
21 Sign Posting Photograph X
na t i 48 X
Item(s) submitted at Planning Commission:
23 Zoning Map X
24 Picture Board X
I hereby certify that the 24 items identified herein (Inventory of Items for Consideration -Case# USR-
1274)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.
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Robert Anderson <• Planner
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2000-2078
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LAND USE APPLICATION
yolk SUMMARY SHEET
COLORADO
Case #: USR-1274 Hearing Date: July 6, 2000
Applicant: Carole Applegarth Planner: Robert Anderson
Address: 1261 95th Avenue Greeley, CO 80634
Request: A Site Specific Development Plan and a Special Review Permit for a Home
Business (Recreational Vehicle Storage) in the A (Agricultural) Zone District.
Legal Lot A, RE-1890. PT. NE4/NW4, SEC 35, T5N, R68W of the 6th P.M., Weld
Description: County, Colorado.
Location: South of and adjacent to 49th Street at the South terminus of Hill-n-Park Drive
Parcel Size : 3.976 +/- Acres Parcel #:0959 35 200 009
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 Weld County Department of Planning Services has received responses from the following
agencies:
• West Greeley Soil Conservation District, referral received May 23, 2000.
• Weld County Planning Department- Code Compliance, referral received May 30, 2000.
• Weld County Health Department, referral received May 24, 2000.
• City of Greeley, Colorado, referral received July 19,2000.
• City of Evans, Colorado referral received May 25, 2000.
• Weld County Public Works Department, referral received May 19, 2000.
• Weld County Building Inspection Department, referral received May 30, 2000.
• Colorado Department of Transportation, referral received May 09, 2000.
• Colorado Department of Wildlife, referral received May 19, 2000.
• Union Colony Fire Rescue Authority, referral received May 11, 2000.
• Milliken Fire Protection District, phone referral received June 13, 2000.
USR 1274, Applegarth, Page 1
EXHIBIT
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SPECIAL REVIEW PERMIT
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COLORADO
Case #: USR-1274 Hearing Date: July 6, 2000
Applicant: Carole Applegarth Planner: Robert Anderson
Address: 1261 95th Avenue Greeley, CO 80634
Request: A Site Specific Development Plan and a Special Review Permit for a Home
Business (Recreational Vehicle Storage) in the A (Agricultural) Zone District.
Legal Lot A, RE-1890. PT. NE4, NW4, SEC 35, T5N, R68W of the 6th P.M., Weld
Description: County, Colorado.
Location: South of and adjacent to 49th Street at the South terminus of Hill-n-Park Drive
Parcel Size : 3.976 +/- Acres Parcel #:0959 35 200 009
THE WELD COUNTY DEPARTMENT OF PLANNING SERVICES RECOMMENDS THAT THE
SPECIAL REVIEW PERMIT APPLICATION USR-1274 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 of the Weld County Zoning Ordinance, as amended,
as follows:
a. Section 24.3.1.1 -- This proposal is not consistent with the Weld County
Comprehensive Plan, as amended:
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.
USR-1274, Applegarth, Page 2
The placement of 60- 80 assorted Recreational Vehicles, Pick-ups, Cars and Boats
on roughly 3.96 +/- 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.
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) 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 Plans of
Greeley and Evans. The City of Evans has projected low density residential
development for this area, is concerned with the potential for future non conforming
uses, and both municipalities strongly recommend denial of this application.
UGB. Goal 3. "The County and municipalities should coordinate land use planning
in urban growth boundary areas."
Page 3 -1 "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."
Page 3 - 2 "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 IGA boundary of the City of Evans as
determined by the Coordinated Planning Agreement adopted by 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 -- This proposal is not consistent with the intent of the A
(Agricultural) zone district. The application does not comply with the definition of a
Home Business or Uses by Special Review in the Agricultural Zone (Section
31.4.15). Weld County's Zoning Ordinance defines a Home Business as an
incidental USE to the principal permitted USE for gainful employment of the FAMILY
residing on the property, where:
1. Such USE is conducted primarily within the DWELLING UNIT or
ACCESSORY STRUCTURE and principally carried on by the FAMILY
resident therein;
2. Such USE is clearly incidental and secondary to the principal
permitted USE and shall not change the character thereof.
USR-1274, Applegarth, Page 3
The proposed use is neither specific to agriculture, nor will it to be conducted within
a dwelling unit or accessory structure, and is clearly not incidental and secondary
to the permitted residential use.
c. Section 24.3.1.3-- The proposal is not consistent with Section 24.3.1.3 of the Weld
County Zoning Ordinance, as amended, 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 residential uses to the west (Indian Hills
and Dos Rios Subdivision), north (Arrowhead and Hill-n-Park Subdivisions), east
(Cities of Evans and La Salle) and predominantly agricultural uses to the south.
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--The proposed use will not be compatible with future development
of the surrounding area as permitted by the A (Agricultural) zone district and with
the future development as projected by the Comprehensive Plan or Master Plan of
affected municipalities. The Cities of Greeley and Evans have reviewed this
proposal and determined that this proposal does not comply with the policies or
intent of their respective Comprehensive Plans and both recommend denial.
e. Section 24.3.1.7--The Design Standards (Section 24.5 of the Weld County Zoning
Ordinance, as amended), Operation Standards (Section 24.6 of the Weld County
Zoning Ordinance, as amended), 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 Home Business (Recreational Vehicle
Storage) in the A (Agricultural) Zone District for the reasons stated previously.
Should the Planning Commission recommend approval of this application, the Weld County
Department of Planning Services Staff has attached the following conditions of approval for the
Board's consideration. 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 Service's staff recommendation for approval is conditional upon the
following:
USR-1274, Applegarth, Page 4
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 landscaping/screening
plan to the Department of Planning Services for review and approval. The
landscaping 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. (Dept. of Planning Services)
B. The applicant shall submit a drainage plan to the Department of Public Works
for review and approval indicating how run-off water will be handled on-site or
released as not to damage the adjacent properties. (Dept. Of Public Works)
C. 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)
D. The applicant shall submit a waste handling plan to the Environmental Health
Services Division of the Weld County Department of Public Health &
Environment. The plan shall include at a minimum, the following:
1) A list of wastes which are expected to be generated on site (to
include anticipated types and volumes of waste).
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,
to include the facility name, address and phone number.
E. 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)
USR-1274, Applegarth, Page 5
F. The plat shall be amended to delineate the following:
1) The approved landscaping/screening plan. (Dept. of Planning Services)
2) The approved drainage and retention system. (Public Works)
3) An approved typical cross section of the driveway, including width and depth
of roadway and type of surface. (Public Works)
4) The attached development standards:
USR-1274, Applegarth, Page 6
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Carol Applegarth
USR-1274
1. A Site Specific Development Plan and a Special Review Permit for a Home Business,
(Recreational Vehicle Storage) 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 Services)
2. Approval of this plan may create a vested property right pursuant to Section 90 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. (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 of the Weld County Zoning Ordinance Standards. 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 eighty (80) vehicles on site. (Dept. of Planning Services, Dept. of
Public Works)
5. All proposed or existing structures will or do meet the minimum setback and offset
requirements for the Agricultural zone district (Dept. of Planning Services).
6. All liquid and solid wastes shall be stored and removed for the final disposal in a manner
that protects against surface and groundwater contamination. (Dept. of Public Health)
7. No permanent disposal of wastes shall be permitted at this site. (Dept. of Public
Health)
8. Waste materials shall be handled, stored, and disposed of in a manner that controls fugitive
dust, blowing debris, and other potential nuisance conditions. (Dept. of Public Health)
9. 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)
USR-1274, Applegarth, Page 7
10. 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)
11. Adequate toilet facilities shall be provided for the public at the applicant's residence. The
facility shall utilize the existing septic system on site. (Dept. of Public Health)
12. The applicant shall address the requirements of the Milliken Fire Protection District .
Evidence of such shall be submitted in writing to the Weld County Department of Planning
Services.
13. The facility shall utilize the existing public water supply (Dept. of Public Health)
14. 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)
15. 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.
16. Any proposed signage shall require appropriate building permits and be constructed in
accordance with Section 42.2 of the Weld County Zoning Ordinance. (Dept. of Planning
Services)
17. The property owner or operator shall be responsible for complying with the Design
Standards of Section 24.5 of the Weld County Zoning Ordinance, as amended.
(Department of Planning Services)
18. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 24.6 of the Weld County Zoning Ordinance, as amended. (Dept. Of
Planning Services)
19. Personnel from the Weld County Health Department and Weld County Department of
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 regulations. (Dept. Of Planning
Services)
20. 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
USR-1274, Applegarth, Page 8
amendment of the Permit by the Weld County Planning Commission 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. (Dept of Planning Services)
21. 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. (Dept.
Of Planning Services)
USR-1274, Applegarth, Page 9
ttei‘o
REQUEST FOR CONTINUANCE
COLORADO
Case #: USR-1274 Hearing Date: July 6, 2000
Applicant: Carole Applegarth Planner: Robert Anderson
Address: 1261 95th Avenue Greeley, CO 80634
Request: A Site Specific Development Plan and a Special Review Permit for a Home
Business (Recreational Vehicle Storage) in the A (Agricultural) Zone District.
Legal Lot A, RE-1890. PT. NE4/NW4, SEC 35, T5N, R68W, 6th P.M., Weld County, CO
Description:
Location: South of and adjacent to 49th Street at the South terminus of Hill-n-Park Drive
Parcel Size : 3.976 +/- Acres Parcel #:0959 35 200 009
Dear Commissioners:
Mrs. Applegarth has requested a 30 day continuance of her application for a Site Specific
Development Plan and Special Review Permit for a Home Business (Recreational Vehicle
Storage)in the A(Agricultural)Zone District.The continuance is requested so that Mrs Applegarth
may discuss her plans with the Planning Commissions of both Evans and Greeley.
The Weld County Department of Planning Services recommends that the Weld County Planning
Commission grant Mrs. Applegarth's request for a 30 day continuance.
Respectfully Submitted,
Robert Anderson,
Planner
Q DEPARTMENT OF PLANNING SERVICES
PHONE (970) 353-6100, EXT.3540
FAX (970) 304-6498
1555 N. 17TH AVENUE
GREELEY, COLORADO 80631
VUVc
COLORADO
May 3, 2000
Steve Applegarth
4220 W. 49th St
Greeley, CO 80634
Subject: USR-1274- Request for a Site Specific Development Plan and Special Review Permit for a Home
Business, specifically recreational vehicle storage on a parcel of land described as Lots A and B,
RE-1890; Part of the NE4 of Section 35,Township 5 North, Range 66 West of the 6th P.M.,Weld
County, Colorado.
Dear Mr. Applegarth:
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 July 6, 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 Greeley and Evans Planning
Commissions for their review and comments. Please call the City of Greeley at 970-350-9780 and the town
of Evans at 970-339-5344 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 Greeley and Evans 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
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Robert Anderson L
Planner
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FIELD CHECK l/ INSPECTION DATE: JUNE 22,2000
CASE NUMBER: USR-1274
APPLICANT: CAROL APPLEGARTH
LEGAL LOTA/RE1890, PART OF SEC 35, T5N, R66W,
DESCRIPTION: 6TH PM,WELD COUNTY, CO
LOCATION: S/ADJ 49th ST. & S TERMINUS HILL-N-PARK DRIVE
ZONING LAND USE
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N A(AGRICULTURE) (URBAN N HILL-N-PARK SUBDIVISION, ARROWHEAD, CITY OF
AND URBAN BUILD UP) GREELEY
E A (AGRICULTURE) E CITY OF EVANS, LASALLE,
S A (AGRICULTURE) S AGRICULTURAL PRODUCTION
W A (AGRICULTURE) W INDIAN HILLS &DOS RIOS SUBDIVISIONS
COMMENTS:
• NO APPARENT VIOLATIONS ON-SITE
• SEVERAL APPARENT COMMERCIAL AND INDUSTRIAL USES ALONG 49TH STREET,
PARTICULARLY WEST OF 35TH AVENUE AND IN THE VICINITY OF THE APPLICANT'S
PROPOSED USE
• SITE IS PREDOMINANTLY FLAT WITH A SLIGHT DROP NEAR THE SOUTHERN PART OF
THE PARCEL
• DRAINAGE APPEARS ADEQUATE FOR PROPOSED USE
•
ROAD TRAFFIC (COUNTS) MAY BE AN ISSUE
Robert Anderson,
firsS
Planner
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