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HomeMy WebLinkAbout20001061.tiff INVENTORY OF ITEMS FOR CONSIDERATION Applicant Ronald L. Olson Case Number USR-1265 Submitted or Prepared Prior to At Hearing Hearing 1 Planning Commission Resolution 2 Staff Comments (10 pages) X 3 Memo to Planning Commission X 4 Photograph of sign posting X 5 Department of Planning Services field check form X 6 Request for early Board of County Commissioners hearing X 7 Letters to Applicant(2 pages) X 8 Legal Notifications(2 pages) X 9 Application (5 pages) X 10 Referral List X 11 Referral Letter X 12 Weld County Dept. of Public Health and Environment referral X received 3/24/2000 and 4/18/2000 (3 pages) 13 Mountain View Fire Protection District referral received 3/24/2000 X (3 pages) 14 Weld County Department of Building Inspection referral received X 3/22/2000 (2 pages) 15 Weld County Department of Public Works referral received X 4/11/2000 and 4/24/2000 (4 pages) 16 Weld County Zoning Compliance referral received 4/11/2000 X 17 Maps (2 pages) X 18 Maps submitted by applicant(5 pages) X 19 Deed X 20 Certificate of Conveyance (16 pages) X 21 Surrounding Property Owners(6 pages) X 22 Letters of concern (5 pages) X 23 Letter of support X 24 Letter to Heather Hollingsworth X 25 Water and Septic Information (4 pages) X EXHIBIT IA 2000-1061 use t/.2/i5 26 Soil Survey(9 pages) X 27 Photo of site taken April 28 (2) X 28 5 2-sided pages with photos from applicant X 29 heather hollingsworth 5 photos X 30 befus letter X 31 photos taken by Public Works X Item submitted at planning commission I hereby certify that the 31 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. / L Ii Sheri Lockman ❖ Planner II Page 1 LAND USE APPLICATION SUMMARY SHEET COLORADO Case Number: USR-1265 Hearing Date: May 2, 2000 Applicant: Ronald O. Olson Address: 3019 WCR 20 '/2, Longmont, CO 80504 Request: A Site Specific Development Plan and a Special Review Permit for a Home Business in the Agricultural Zone District. Legal Description: Lot A RE-1060 Being part of the W2 NW4 Section 15, T2N, R68 W of the 6th P.M., Weld County, Colorado Location: East of and adjacent to Weld County Road 7 and north of and adjacent to Weld County Road 20 1/2 Size of Parcel: 4.5 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 Zoning Compliance, referral received 4/11/2000 • Weld County Dept. of Public Health and Environment, referral received 3/24/2000 and 4/18/2000 • Weld County Department of Public Works, referral received 3/28/2000 • Weld County Department of Building Inspection, referral received 3/22/2000 • Mountain View Fire Protection District, referral received 3/24/2000 EXHIBIT Page 2 SPECIAL REVIEW PERMIT ADMINISTRATIVE REVIEW COLORADO PLANNER: S. Lockman CASE NUMBER: USR-1265 HEARING DATE: May 2, 2000 APPLICANT: Ronald O. Olson ADDRESS: 3019 WCR 20 1/2, Longmont, CO 80504 REQUEST: A Site Specific Development Plan and a Special Review Permit for a Home Business in the Agricultural Zone District. LEGAL DESCRIPTION: Lot A RE-1060 Being part of the W2 NW4 Section 15, T2N, R68 W of the 6th P.M., Weld County, Colorado LOCATION: East of and adjacent to Weld County Road 7 and north of and adjacent to Weld County Road 20 '/z SIZE OF PARCEL: 4.5 acres PARCEL NUMBER: 131315000100 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 -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 Page 3 agriculture". The U.S.D.A. soils maps indicate that the soils on this property are designated "other" and "irrigated land, not prime". b. Section 24.3.1.2 —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 allows for home businesses in the Agricultural zone district. c. Section 24.3.1.3--The uses which would be permitted will be compatible with the existing surrounding land uses. The surrounding property uses include residential, agricultural and commercial. The attached Conditions of Approval and Development Standards limit the use on the property to a home business. The Weld County Zoning Ordinance defines a home business as follows: 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 a 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. To ensure that the proposal is compatible with the existing surrounding land uses and with the future development of the surrounding area, Conditions of Approval have been added requiring the removal of trucks not owned by the Olsons and stipulation that no other employees other than those residing on the property shall be allowed. d. Section 24.3.1.4--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 proposed site is located in the Mixed Use Development Area (MUD) and the 201 Intergovernmental Agreement area. Section 2.5.1 of the Mixed Use Development Ordinance states "The Planned Unit Development (PUD) provisions shall be applied to all proposals for commercial, industrial, and residential developments within the MUD area, with the exception of those developments specifically called out and excluded". Section 2.5.2 exempts home businesses, as defined by the Weld County Zoning Ordinance, from obtaining a PUD. e. Section 24.3.1.5 --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 Page 4 County. The proposed site is located in the Southwest Weld Road Impact Program area one. Effective December 1, 1999, Building Permits issued on the lot will be required to adhere to the fee structure of the Southwest Weld Road Impact Program area one (1), (Ordinance 211). The application's land use type has been tentatively classified by Planning Services within the "Industrial Category- General Light Industrial" (Section VII.C.1). The current rate of assessment for this type of land use is $1,476.00 per 1000 square feet. f. Section 24.3.1.6 --If the use is proposed to be located in the 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" and "Irrigated land (not prime)" by the USDA Soil Conservation Services. No prime farm ground exists on the site. g. Section 24.3.1.7--That there is adequate provision for the protection of the health, safety and welfare of the inhabitants of the neighborhood and the County 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 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. (Dept. of Planning) 2. Prior to recording the plat: A. Prior to recording the plat, 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 Page 5 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). B. Fueling operations must be approved by the Mountain View Fire Protection District. Evidence of approval shall be submitted to the Weld County Department of Planning Services. (Mountain View Fire Protection, Dept. of Planning) C. If fuel storage tanks are greater than 1000 gallons, the applicant shall apply for a fuel storage tank permit with the Department of Labor, Oil Inspection Section according to 7CCR 1101-14 Sec. 3.2.1. The applicant shall submit a letter indicating the tanks are less that 1000 gallons or submit evidence of Department of Labor approval to the Weld County Department of Planning Services. (Dept. of Public Health) D. The applicant shall apply for a building permit for the 40' X 50' pole structure. All utilities supplied to this structure must also be permitted and inspected. As indicated at a Board of County Commissioners Violation Hearing on April 11, 2000, the building will be used for storing tools and doing maintenance of the semi-trailers. Repair work performed inside of the structure changes the classification of this building leading to additional restrictions and regulations as outlined in the 1997 Uniform Building Code (UBC). Evidence that a Certificate of Occupancy has been issued shall be submitted to the Weld County Department of Planning Services. (Dept. of Building Inspection) E. All businesses within the MUD are required to provide paved parking. A parking detail and circulation system shall be supplied to the Public Works Department Traffic Engineer for review and approval. Evidence of approval shall be submitted to the Weld County Department of Planning Services. (Dept. of Public Works) F. The applicant shall submit evidence to the Weld County Department of Planning Services that the Town of Frederick is aware of the proposed business and any impact that may occur to road 20.5. (Dept. of Public Works) Page 6 G. The applicant shall submit evidence to the Weld County Department of Public Works that the entrance from Weld County Road 7 has be closed. Evidence of Weld County Department of Public Works approval shall be submitted to the Weld County Department of Planning Services. (Dept. of Public Works) H. A detailed screening/landscaping plan identifying the number, size and species of landscaping materials/buffering materials, shall be submitted to the Weld County Department of Planning Services for review and approval. The plan shall address maintenance of the landscaping materials and potential replacement of dying materials. The plan must meet all criteria listed in Section 2.6 of the Mixed Use Development Ordinance and Section 3.0 of Ordinance 201, Intergovernmental Agreement, including the following: 1) Section 3.2.3 - Whenever the use of the property to be developed or redeveloped will conflict with the reasonable use of adjoining property, a buffer zone should be constructed between the two uses. The buffer may be accomplished through the use of a combination of setbacks, berming, plantings and fencing. However, in no event shall a fence be the only screening material used. The buffer shall moderate the impact of noise, light, unattractive visual elements and traffic. (Dept. of Planning) 2) Section 3.5.5 - That portion of a lot in any zone district which abuts a Primary or Secondary Corridor right of way shall be landscaped with a minimum of 2 1/2 inch caliper shade tree, or one 6-foot minimum height coniferous tree, for every 40 linear feet of street frontage. Trees may be grouped with a maximum distance of 100 feet between trees or groupings, with exceptions made at entrance drives. (Dept. of Planning) A detailed lighting plan in accordance with Section 4.0 of Ordinance 201, Intergovernmental Agreement, shall be submitted to the Weld County Department of Planning Services for review and approval. (Dept. of Planning) J. Any trucks not owned by the Olsons, shall be removed from the property. (Dept. of Planning) K. The plat shall be amended to meet all requirements of section 24.7.4 of the Weld County Zoning Ordinance including adjacent property lines and respective owners' names as required by Section 24.7.4.5.3.5 of the Weld Page 7 County Zoning Ordinance. (Dept. of Planning) L. The plat shall be amended to include the following: 1) Weld County Roads 20.5 and 7 are designated on the 1-25 Mixed Use Development Area Comprehensive Plan Map 2.2, Structural Transportation Network as four-lane undivided secondary roads, which require 100 feet of right-of-way at full build out. There is presently 60 feet of right-of-way. A total of 50 feet from the centerline of Weld County Roads 20.5 and 7 shall be delineated on the plat as right-of-way reservation for future expansion of Weld County Roads 20.5 and 7. Weld County Road 20.5 has been annexed by the Town of Frederick. (Dept. of Public Works) 2) The approved screening/landscaping plan. (Dept. of Planning) 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 8 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Ronald L. Olson USR-1265 1. The Site Specific Development Plan and Special Use Permit is for a Home Business 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. The landscaping on site shall be maintained in accordance with the approved landscaping plan. (Dept. of Planning) 4. The site shall maintain compliance with a home business as defined by the Weld County Zoning Ordinance as follows: 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 a 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 5. In accordance with the definition of a Home Business, all maintenance must be performed within the existing building. Parking and fueling of the trucks shall be the only uses allowed outside of the existing building: (Dept. of Planning) 6. In accordance with the definition of a Home Business, the only employees shall be the family residing on the property. 7. The site shall contain a maximum of two semi-trailers. (Dept. of Planning Services) 8. 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) 9. No permanent disposal of wastes shall be permitted at this site. (Dept. of Public Health) Page 9 10. 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) 11. Fugitive dust shall be controlled on this site. (Dept. of Public Health) 12. The maximum permissible noise level shall not exceed the commercial limit of 60 db(A) as measured according to 25-12-102, C.R.S. (Dept. of Public Health) 13. The facility shall utilize the existing residential septic system for the residents of this property. As indicated in the application material the residence shall hook into Saint Vrain Sanitation Sewer District when it becomes available. (Dept. of Public Health) 14. 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) 15. The facility shall utilize the existing public water supply (Lefthand water District). (Dept. of Public Health) 16. A minimum of a 10 pound, dry chemical, ABC extinguisher shall be located on the site at an accessible location. The extinguisher shall be located in a weather-proof cabinet and mounted 3 to 5 feet above the ground. The extinguisher shall be provided with current inspection tags. (Mountain View Fire Protection District) 17. Proper building permits shall be obtained prior to any construction, remodeling, demolition, relocation of buildings, or excavation. (Dept. of Building Inspection) 18. Electrical permits will be required for any electrical work including, but not limited to, site lighting, truck heaters, etc. (Dept. of Building Inspection) 19. Additional requirements or changes may be required when building applications or plans are reviewed by the Weld County Building Inspection Department. (Dept. of Building Inspection) 20. Effective December 1, 1999, Building Permits issued on the lot will be required to adhere to the fee structure of the Southwest Weld Road Impact Program area one (1), (Ordinance 211). The application's land use type has been tentatively classified by Planning Services within the "Industrial Category - General Light Industrial" (Section VII.C.1). The current rate of assessment for this type of land use is $1,476.00 per 1000 square feet. Page 10 21. The property owner or operator shall be responsible for complying with the Design Standards of Section 24.5 of the Weld County Zoning Ordinance. 22. The property owner or operator shall be responsible for complying with the Operation Standards of Section 24.6 of the Weld County Zoning Ordinance. 23. 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. 24. 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. 25. 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. #00tAAr MEMORANDUM WI 1ipe TO: Weld County Planning Commission May 1, 2000 COLORADO FROM: Sheri Lockman, Planner ll SUBJECT: Change in request for USR-1265 Although the original request for USR-1265 was for a business permitted as a use by right in the Industrial Zone District (Parking of vehicles), this is not a use allowed by a Use by Special Review permit in the Mixed Use Development Area. Future applications and notifications will identify the use as a Home Business. SERVICE,TEAMWORK,INTEGRITY,QUALITY EXHIBIT 1 DATE: April 14, 2000 FROM: Claudia J Olson 3019 WCR 20 1/2 Longmont, CO 80504 TO: Clerk of Board Enclosed is a check in the amount of$35.00 as required for the `REQUEST EARLY NOTIFICATION FOR THE BOARD HEARING". Thank you for your assistance in this request. Sinrely, !' C.GGL'iG « mac-� Claudia J. Olson' - _ -, -ice .; . 2454 y1�A DOUBLE-O TRUCKING, INC. ` 11177: r, PH. 303-678-7834 ��4 L. J) 3019 WCR 201/2 .ffr*>',S%f LO;NGMONT, CO 80504 82-461/1070 DAT 4 PAY TORDO THE ER OF / L 6' ' �C' �./Q���L<!' $33—.2-S a:,me.a......-.. C. ,. nOLLARS B 3681 Stc9ecoach Rd 1.on CENTENN]AL, (3Q3)3�8642ao625a6 i1 I9ANKr ,"J,'� mew e FO eeda;iltvc.27-'''. ; 00 2 54ii' ': 10 70046 L Lo: 0 5 2000 L 5 2 5e EXHIBIT a DEPARTMENT OF PLANNING SERVICES PHONE (970) 353-6100, EXT.3540 304-64 FAX (970) 304-6498 1555 N. 17TH AVENUE GREELEY, COLORADO 80631 COLORADO March 13, 2000 Ronald Olson 3019 WCR 20.5 Longmont, CO 80504 Subject USR-1265- Request for a A Site Specific Development Plan and a Special Review Permit for a business permitted as a use by right in the Industrial Zone District (Parking of vehicles) in the Agricultural Zone District on a parcel of land described as Lot a of RE-1060 being part of the W2 NW4 of Section 15, Township 2 North, Range 68 West of the 6th P.M., Weld County, Colorado. Dear Mr. Olson: 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. 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 Firestone and Frederick Planning Commissions for their review and comments. Please call the town of Firestone at 303-833-3291 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 Firestone 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. Resectfully, Sheri Lockman Planner a DEPARTMENT OF PLANNING SERVICES Weld County Administrative Offices 1555 N. 17th Avenue, Greeley, CO 80631 lID Phone (970) 353-6100, Ext. 3540 Fax(970) 304-6498 C. COLORADO March 9, 2000 Ronald L. Olson 3019WCR20 % Longmont, CO 80504 Dear Mr. Olson: The Weld County Planning Staff would like additional information on the following: 1) What will be the use of the proposed pole barn? 2) Are the trucks serviced on site? 3) Are the trucks washed on site? 4) What type of fencing exists or what type are you proposing? Please respond by letter so I may add your answers to the case file. If you have questions or concerns, please contact me at the above address or call (970) 353-6100 ext. 3540. Sincerely, ✓G'7i C Z l/Chit i Sheri Lockman Planner II EXHIBIT 1 7 14 �. .. . . . \ . \ « : t ...r :fig • ! y. . . � pa \:y 11 \ il, :71,-;,,,;,..; �\: \` . & 2 S � : < -' < x. , d , /i\ Jat FIELD CHECK inspection date: 4/20/2000 CASE NUMBER: USR-1265 APPLICANT: Ronald Olson LEGAL DESCRIPTION: Lot A RE-1060 being pt. of Section 15, T2N, R68W of the 6th P.M., Weld County, CO LOCATION: East of and adjacent to Weld County Road 7 and north of and adjacent to Weld County Road 20.5 Zoning Land Use N A (Agricultural) N Agricultural / Residential approximately 1/4 mile E A (Agricultural) E Agricultural / Residential approximately 1/4 mile S A (Agricultural) S Waggs Welding Service / Residential W A (Agricultural) W Residential COMMENTS: The site is well maintained. illi/44111Z1A1 Sheri Lockman, Planner II EXHIBIT Hello