HomeMy WebLinkAbout20001026.tiff INVENTORY OF ITEMS FOR CONSIDERATION
Applicant Wright Case Number USR-1263
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 Field check by Planning Commissioner X
5 Surrounding Property Owner Letter dated March 27,2000 X
6 Surrounding Property Owner Letter Dated April 3, 2000 X
5 Letter to Applicant X
6 Legal Notifications (2 pages) X
7 Application ( 3 pages) X
8 Referral list X
9 Boulder Valley Soil Conservation District Referral Received X
2/16/00
10 Weld County Health Department referral received 2/9/00 X
11 Weld County Public Works Dept. referral received 3/7/00 X
12 Mountain View Fire District referral received 2/14/00 X
13 Weld County Zoning Compliance referral received 2/3/00 X
14 Weld County Dept. of Building Inspection referral received 4/7/00 X
15 8 1/2 X 11 maps submitted by applicant(1 page) X
16 Deed X
17 Certificate of Conveyance X
18 Surrounding Property Owners (8 pages) X
19 Letter from Karen Libin -KI Realty dated 3/27/00 X
20 Letter from several surrounding property owners dated 4/3/00 X
21 Soil Survey(16 pages) X
22 Public Notice Sign Photograph dated 4/3/00 X
23 Letter from Ellen H. Frohsinn dated 4/17/00 X
23 Items submitted at planning commission
a 2000-1026
I hereby certify that the 23 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. /t/V xJ GL�/i1.ttCljN___
Chris Gathman + Current Planner
Page 1
WIIDc. LAND USE
APPLICATION
SUMMARY SHEET
COLORADO
Case Number: USR-1263 Hearing Date: April 18, 2000
Applicant: Tracy Wright
Address: 1906 Mountain View Street, Erie, CO. 80516
Request: A Site Specific Development Plan and a Special Review Permit for a Home
Business (Automobile painting/Automobile body repair and restoration Shop) in
the Agricultural Zone District.
Legal Description: Lot 15, Block 4, Carmacar Ranchettes, - E1/2 of Section 5, Ti N, R68W
of the 6th P.M., Weld County, CO
Location: Approximately 400 feet West of Weld County Road 5 and approximately 1/2 mile
south of State Highway 52
Size of Parcel: 1 acre
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 Building Inspection, referral received 4/7/2000
• Weld County Department of Public Health and Environment, referral received 2/9/2000
• Mountain View Fire District, referral received 2/14/2000
• Weld County Zoning Compliance, referral received 2/3/2000
EXHIBIT
a
Page 2
Boulder Soil Conservation Service referral received 2/16/00.
Weld County Department of Public Works referral received 3/6/00.
(it\ SPECIAL REVIEW EM
ADMINISTRATIVE REVIEW
Wi�Dc.
COLORADO
PLANNER: Chris Gathman
CASE NUMBER: USR-1263 HEARING DATE: April 18, 2000
APPLICANT: Tracy Wright
ADDRESS: 1906 Mountain View Street, Erie, CO. 80516
REQUEST: A Site Specific Development Plan and a Special Review Permit for a Home
Business (Automobile painting/Automobile body repair and restoration Shop) in the
Agricultural Zone District.
LEGAL DESCRIPTION: Lot 15, Block 4, Carmacar Ranchettes, - E1/2 of Section 5, T1 N,
R68W of the Th P.M., Weld County, CO
LOCATION: Approximately 400 feet West of Weld County Road 5 and approximately 1/2 mile
south of State Highway 52
SIZE OF PARCEL: 1 acres
PARCEL NUMBER 146705401016
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, as amended.
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 amended, as
follows:
USR-1263 - Wright
Page 3
a. Section 24.3.1.1 --That the proposal is consistent with the Weld County
Comprehensive Plan. A. Goal 2 allows for commercial and industrial uses 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 will
effectively mitigate any adverse impacts to surrounding areas.
b. Section 24.3.1.2 --That the proposal is consistent with the intent of the district in
which the USE is located. This proposal is consistent with the intent of the A
(Agricultural) zone district. Section 31.4.15 describes a Home Business as a Use
by Special Review in the Agricultural zone district.
c. Section 24.3.1.3--That the USES which would be permitted will be compatible with
the existing surrounding land USES. The surrounding property is in the Carmacar
Ranchettes subdivision. There are several single-family homes in the area on 1 acre
lots. There has been one letter of opposition submitted per this request and this Use
by Special Review application was initiated from a zoning violation that resulted from
a complaint from a neighboring property. Special Use permit conditions and
development standards will help to ensure that the repair business is conducted
entirely within the enclosed building and ensure that the building meets building and
fire codes.
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 PLANS of affected municipalities. The site lies within the referral areas of
Erie, Frederick and Dacono. No referral responses were received from these
communities.
e. Section 24.3.1.5 --That the application complies with the Weld County Zoning
Ordinance, Section 50, Overlay District Regulations if the proposal is located within
the Overlay District Areas identified by maps officially adopted by Weld County. The
property is located within the Geologic Hazard Overlay District. The applicants shall
apply and receive approval for a Geologic Hazard Development permit prior to final
approval of the Special Use Review plat.
f. Section 24.3.1.6--That if the USE is proposed to be located in the A-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 use is located
on land designated as "Prime" according to the U.S.D.A. Soils Map. However, the
property is located within an existing residential subdivision (Carmacar Ranchettes)
and agriculture production would be unrealistic on this property due to its size (1
acre) and location of existing structures on the property.
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
USR-1263 - Wright
Page 4
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. The applicant shall submit a waste handling plan to the Weld County Department
of Public Health and Environment. Evidence of Health Department approval shall
be submitted to the Weld County Department of Planning Services. The plan shall
include at a minimum, the following: (Dept. of 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).
B. An individual sewage disposal system is required for the proposed facility and
shall be installed according to the Weld County Individual Sewage Disposal
Regulations. A vault is acceptable. The septic system is required to be designed
by a Colorado Registered Professional Engineer according to the Weld County
Individual Sewage Disposal Regulations. (Dept. of Health)
C. The applicant shall attempt to address the concerns of the Mountain View Fire
Protection District as stated in a referral response received February 14, 2000.
(Mountain View Fire Protection District)
D. Proper building permits shall be obtained. (Building Inspection)
E. The applicant shall apply for and receive approval by the Department of
Planning Services for a Geological Hazard Overlay District Development Permit.
USR-1263 - Wright
Page 5
(Dept. of Planning)
Prior to Building Permit:
A. The applicant shall address the requirements of the Weld County Building Inspection
Department as stated in a referral response received April 7, 2000. (Dept. Building
Inspection)
USR-1263 - Wright
Page 6
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Tracy Wright
USR-1263
1. The Site Specific Development Plan and Special Use Permit is for a business permitted as
a use by right in the Industrial Zone District (Automobile painting/Automobile repair and
restoration Shop) in the 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 (as defined in the Solid Wastes Disposal Sites and Facilities Act,
30-20-101, C.R.S., as amended)shall be stored and removed for final disposal in a manner
that protects against surface and groundwater contamination. (Dept. of Health)
4. No permanent disposal of wastes shall be permitted at this site. (Dept. of 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 Health)
6. The maximum permissible noise level shall not exceed the residential limit of 55 dB(A), as
measured according to 25-12-102, Colorado Revised Statutes. (Dept. of Health)
7. 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 Health)
8. The facility shall utilize the existing public water supply. (Left Hand Water District) (Dept.
of Health)
9. The facility shall utilize the existing septic system for domestic use only (G19759689).
(Dept. of Health)
10. The facility shall be in compliance with the Colorado Air Quality Control Commission
regulations. (Dept. of Health)
11. All signs must be is accordance with Section 42 of the Weld County Zoning Ordinance.
(Dept. of Planning)
12. There will be no outdoor storage of materials associated with the automobile painting
/automobile repair & restoration shop as indicated in application materials. (Dept. of
USR-1263 - Wright
Page 7
Planning)
13. The business shall adhere to the requirements for a Home Business. These requirements
are:
A) The use is conducted primarily within a dwelling unit or accessory structure and
principally carried on by the family resident therein.
B) The use is clearly incidental and secondary to the principal permitted use and
shall not change the character thereof. (Dept. of Planning)
14. Hours of operation shall be from 8:00 a.m. to 8:00 p.m. Monday thru Saturday as indicated
in application materials. (Dept. of Planning)
15. Storage and use of flammable and combustible liquids shall be in accordance with the Fire
Code. (Building Inspection)
16. The gross floor area of accessory buildings on this property exceed four percent. Four
percent is the maximum lot coverage allowable for accessory buildings per Section 31.3
of the Weld County Zoning Code. No expansion of existing accessory
buildings/structures/uses or new accessory buildings/structures/uses will be allowed without
applying for and being granted a variance from the terms of the Weld County Zoning Code
by the Weld County Board of Adjustment.
17. The applicant shall utilize the existing access with no additional accesses granted.
(Public Works)
18. There shall be no staging, storage, or parking of vehicles on Mountain View Street.
(Public Works)
19. 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.
20. 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.
21. 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.
22. 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
USR-1263 - Wright
Page 8
changes from the plans or Development Standards are permitted. Any other changes shall
be filed in the office of the Department of Planning Services.
23. 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.
24. The fence located within the right-of-way of Mountain View Avenue shall be relocated
outside of the right-of-way upon widening of Mountain View Avenue or if required by the
Weld County Department of Public Works. (Public Works)
USR-1263 - Wright
FIELD CHECK
FILING NUMBER: USR-1263 DATE OF INSPECTION:
APPLICANT'S NAME: Tracy Wright
PLANN R: Chris Gathman)
REQUEST: Use by Special Review for vehicle restoration as a home business.
LEGAL DESCRIPTION: Lot 15, Block 4, Carmacar Ranchettes; E2 of Section 5, Township 1 North, Range
68 West of the 6th P.M., Weld County, Colorado.
LOCATION: West of WCR 5 and south of SH 52.
LAND USE: N S'e:�'j 7j/✓ t /a //dU✓ ,f Oil/ / C'/7�
E
S
W
ZONING: N A (Agricultural)
E A(Agricultural)
S A (Agricultural)
W A(Agricultural)
COMMENTS:
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OA/ i�/�lP �P Tye w it/c.E d
P.C. Member
EXHIBIT
*111"
DDEPARTMENT OF PLANNING SERVICES
PHONE (970) 353-6100, EXT.3540
FAX 17T 304-6 U E
1555 N. 17TH AVENUE
GREELEY, COLORADO 80631
COLORADO
February 1, 2000
Tracy Wright
1906 Mountain View St
Erie, CO 80516
Subject: USR-1263 - Request for a USR for vehicle restoration as a home business on a parcel of land
described as Lot 15, Block 4, Carmacar Ranchettes; E2 of Section 5, Township 1 North, Range
68 West of the 6th P.M., Weld County, Colorado.
Dear Mr. Wright:
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 April 18, 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 Dacono, Erie, Frederick Planning Commissions
for their review and comments. Please call the city of Dacono at 303-833-2317, the town of Erie at 303-665-3555,
and the town of Frederick at 303-833-2388 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, Erie, and Frederick 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.
EXHIBIT
Respectfully,sp
Chris Gathman
Planner
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EXHIBIT
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FIELD CHECK inspection date: 4/3/00
CASE NUMBER: USR-1263
APPLICANT: Tracy Wright
LEGAL DESCRIPTION: Lot 15, Block 4, Carmacar Ranchettes Subdivision (E1/2 5-1-68)
LOCATION: 400 feet West of Weld County Road 5 and 1/2 mile South of Weld County Road
Zoning Land Use
N A(Agricultural) N Single-family residences on I acre lots.
E A(Agricultural) E Single-family residences on I acre lots
S A(Agricultural) S Single-family residences on I acre lots
W A(Agricultural) W Single-family residences on I acre lots
COMMENTS:
* Shop area is completely enclosed in building.
* Items stored in yard area in southeast corner of property(screened by 6-foot fence).
* No items from business stored immediately outside of shop area.
A
Chris Gathman, Current Planner
EXHIBIT
3
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