HomeMy WebLinkAbout20000748.tiff INVENTORY OF ITEMS FOR CONSIDERATION
Applicant Pittington Case Number USR-1256
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 Letter to Applicant X
6 Legal Notifications (2 pages) X
7 Application ( 8 pages) X
8 Referral list X
9 Thompson R2-J Schools referral recieved 1/24/00 K
10 Town of Berthoud referral received 1/20/00 X
11 Larimer County Planning referral received 1/20/00 X
12 Weld County Health Department referral received1/25/00 X
13 Weld County Public Works Dept. referral received 2/14/00 X
14 Berthoud Fire Protection District referral received 1/27/00 X
15 Colorado Department of Transportation referral received 1/20/00 X
16 Weld County Zoning Compliance referral received 1/13/00 _X
17 8 1/2 X 11 maps submitted by applicant( 1 page) X
18 Deed —X
19 Certificate of Conveyance X
_______r--
20 Surrounding Property Owners ( 5 pages) X
21 Soil Survey ( 16 pages) X
22 Letter from Surrounding Property Owner received 317100 (2 X
pages)
23 Equipment List provided by Pittington Construction (1 page) X
24 E-Mail from Department of Public Health Approving the waste X
handling plan for Pittington Construction
25 jim mucklow 6 8x 10 photos x
EXHIBIT
4W_�.. .. 2000-0748
26 staff posting photo x
27 Memorandum to Commissioners outlining additional proposed x
Development Standards
27 Item submitted at planning commission
I hereby certify that the 27 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.
!Linin a aX.f t.cuc
Chris Gathman :• Current Planner
6V.:
LAND USE APPLICATION
W�`P�• SUMMARY SHEET
COLORADO
Case Number: USR-1256 Hearing Date: March 21, 2000
Applicant: Robert Pittington
Address: 0522 East Highway 60, Loveland, CO. 80537
Request: A Site Specific Development Plan and Special Review Permit for a business
permitted as a use by right in the Commercial Zone District (excavation
business) in the A (Agricultural) Zone District
Legal Description: Lot A of Recorded Exemption 750, being part of the NorthEast Quarter of
Section 6, Township 4 North, Range 68 West of the Th P.M., Weld County,
Colorado.
Location: South of and adjacent to State Highway 60, ''A mile West of Weld County Road 3.
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:
• Thompson R-2J Schools, referral received 1/24/00
• Town of Berthoud, referral received 1/20/00
• Larimer County Planning Department, referral received 1/18/00
• Weld County Department of Public Works, referral received 2/14/00
• Weld County Department of Public Health and Environment, referral received 1/25/00
• Berthoud Fire Protection District referral received 1/27/00
• Colorado Department of Transportation, referral received 1/20/00
• Weld County Zoning Compliance, referral received 1/13/00
i e
USR-1256, Pittington 1
SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
COLORADO
Case Number: USR-1256 Hearing Date: March 21, 2000
Applicant: Robert Pittington Planner: Chris Gathman
Address: 0522 State Highway 60, Loveland, CO. 80537
Request: A Site Specific Development Plan and Special Review Permit for a business
permitted as a use by right in the Commercial Zone District (excavation
business) in the A (Agricultural) Zone District
Legal Description: Lot A of Recorded Exemption 750, being part of the NorthEast Quarter of
Section 6, Township 4 North, Range 68 West of the Th P.M., Weld County, Colorado.
Location: South of and adjacent to State Highway 60, % mile West of Weld County Road 3.
Size of Parcel: 4.5 acres
PARCEL NUMBER: 1061-06-000058
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 staff that the applicant has shown
compliance with Section 24.3 of the Weld County Zoning Ordinance as amended, as
follows:
a. Section 24.3.1.1 -- That the proposal is consistent with the Weld County
Comprehensive Plan and other applicable Weld County Ordinances in effect.
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. Water is provided by the Little Thompson Water District and
the sewage disposal will be permitted by an existing septic system.
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
USR-1256, Pittington 2
which the use is located. This proposal is consistent with the intent of the A
(Agricultural) zone district. Section 31.4.18 of the Weld County Zoning Ordinance
as amended allows any use permitted as a Use by Right, an Accessory IJse, or a
Use by Special Review in the commercial or industrial zone districts provided the
property is not a lot in an approved or recorded subdivision plat or lots part of a map
or plan filled prior to adoption of any regulations controlling subdivisions. Section
34.2.1 of the Weld County Zoning Ordinance allows any use of a research,
repairing, manufacturing, fabricating, processing, assembling or storage nature may
be conducted in the 1-3 (Industrial) District (including storage & maintenance of
excavation equipment).
c. Section 24.3.1.3-- That the uses which would be permitted will be compatible with
the existing surrounding land uses. The surrounding area consists of several rural
residences and agricultural uses, predominately crop land and pasture lard. There
is a 6-lot subdivision (Pleasant View Acres) approximately 1/4 mile to the west. This
application is for storage and operation of equipment and materials for an
excavation business. Excavation equipment, when in operation, will be stored at
the job site not on this property. Conditions of Approval and Development
Standards ensure that the proposal is consistent with surrounding land uses.
Concerns regarding dumping of materials, noise, storage of materials, vehicles and
equipment from surrounding land owners have been addressed through the
Conditions of Approval and Development Standards. The Colorado Department of
Transportation has reviewed the request and has determined that there is no
conflict with their interests (see Colorado Department of Transportation referral
dated 1/20/00).
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 proposed Use by Special Review is located
within the three-mile referral area for the Town of Berthoud. In a referral received
January 17, 2000, the Town of Berthoud stated that the proposal did nct conflict
with their interests.
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 with
the Overlay District Areas identified by maps officially adopted by the County. The
proposal is not located within any Overlay District Areas identified by maps officially
adopted by the County.
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. According to the
U.S.D.A. Soils map, the property is designated as Prime farm ground. The property
was formerly used as a hog-farm facility and is covered with existing residences
along with existing buildings and improvements associated with this business. The
location of the existing buildings and improvements on the property make it
infeasible to be used as farm ground.
USR-1256, Pittington 3
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, as
amended), Operation Standards (Section 24.6 of the Weld County Zoning
Ordinance, as amended), 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' 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.
2. The applicant shall submit a letter to the Department of Planning Services requesting to
vacate the existing USR on this property (USR 676).
3. Prior to recording the plat:
A. The applicant shall submit a letter formally requesting to vacate the existing
Use By Special Review on this property (USR-676).
B. The applicant shall submit a screening and landscaping plan, to the Department of
Planning Services, for review and approval. Trash receptacles must be screened
from all adjacent properties and public rights-of-way. The machinery parking area
must be screened from adjacent properties to the west of the site. (Dept. of
Planning)
C. The applicant shall provide documentation of ownership of, or documentation of
permission to use, the existing retention pond southeast of the property for storm
water drainage purposes, (Public Works)
D. The Environmental Health Services Division was unable to locate a septic
permit for the septic system serving the existing home (0522 State Highway
60). The septic system shall be reviewed by a Colorado Registered
Professional Engineer. The review shall consist of 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
Services Division of the Weld County Department of Public Health and
Environment. In the event that the system is found to be inadequately sized
or constructed, the system shall be brought into compliance with current
regulations. Evidence of Department of Public Health approval shall
be submitted to the Department of Planning Services. (Health Dept.)
USR-1256, Pittington 4
E. Turning radiuses shall be opened up to negotiate tight turns. Portions of
existing buildings and fences shall be adjusted to accommodate traffic
circulation. Evidence of Department of Public Works approval shall be
submitted to Department of Planning Services.
F. The plat shall be amended to delineate the following:
1) Approved landscaping and screening plan. (Dept. of Planning)
2) All requirements for the Special Review Permit Plan map listed under
Section 24.7.4, of the Weld County Zoning Ordinance. (Dept. of Planning)
3) Any proposed signage.
G. 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-1256, Pittington 5
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Robert Pittington
USR-1256
1. The Site Specific Development Plan and a Special Use Permit for an excavation
business in the Agricultural Zone, as indicated in the application materials on file in
the Department of Planning Services and subject to the Development Standards
stated hereon. (Planning Dept.)
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)
3. All proposed or existing structures will or do meet the minimum setback and offset
requirements for the Agricultural zone district. (Planning Dept.)
4. 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 the final disposal in a
manner that protects against surface and groundwater contamination. (Health Dept.)
5. No permanent disposal of wastes shall be permitted at this site.(Health Dept.)
6. Waste materials shall be handled, stored, and disposed of in a manner that controls fugitive
dust, blowing debris, and other potential nuisance conditions. (Health Dept.)
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.
8. 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. (Health Dept.)
9. Adequate toilet facilities shall be provided for the employees. (Health Dept.)
10. The facility shall utilize the existing public water supply (Little Thompson Water District).
(Health Dept.)
11. The existing mobile home on the property shall be occupied by family members in
the business or direct employees of the business. It shall not be used as an
outside rental.
12. Hours of operation for this business will be between the hours of 7 A.M. and 7
P.M. per the USR application.
13. The quantity of vehicles and equipment will not increase beyond what is listed in
the equipment inventory by the applicant. (See attached list).
14. Any proposed signage shall require appropriate building permits and be constructed in
accordance with Section 42.2 of the Weld County Zoning Ordinance. (Planning Dept.)
USR-1256, Pittington 6
15. 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.
16. 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.
17. Personnel from the Weld County Department of Public Health and Environment 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.
18. 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 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.
19. 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.
USR-1256, Pittington 7
FIELD CHECK
FILING NUMBER: USR-1256 DATE OF INSPECTION: ///r '?00 0
APPLICANTS NAME: Robert Pittington
PLANNER: Chris Gathman
REQUEST: Special Review Permit for Excavation Business.
LEGAL DESCRIPTION: NW4 NE4 of Section 6, Township 4 North, Range 68 West of the 6th P.M., Weld
County, Colorado
LOCATION: South of and adjacent to SH 60; west of WCR 3.
LAND USE: 444-405ce5c
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ZONING: N A(Agricultural)
E A (Agricultural)
S A (Agricultural)
W A(Agricultural)
COMMENTS:
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P.C. Member 'eio County Planning Deb .
TIT JAN 21 2000
RECEIVED
Of\( aipt7 DEPARTMENT OF PLANNING SERVICES
PHONE (970) 353-6100, EXT.3540
FAX (970) 304-6498
1555 N. 17TH AVENUE
GREELEY, COLORADO 80631
COLORADO
January 11, 2000
Intermill Land Surveying, Inc.
c/o Bob Rosencrance
1301 N. Cleveland Ave.
Loveland, CO 80537
Subject: USR-1256- Request for a Special Review Permit for Excavation Business on a parcel of land described
as NW4 NE4 of Section 6, Township 4 North, Range 68 West of the 6th P.M., Weld County, Colorado.
Dear Mr. Rosencrance:
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 March 21, 2000, at 1:30 p.m. This meeting w'll 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 Berthoud Planning Commission for its review and
comments. Please call the town of Berthoud at 970-532-3754 for further details regarding the date, time, and place
of this meeting. It is recommended that you and/or a representative be in attendance at the Berthoud Planning
Commission meeting 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 dentifies 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 EXHIBIT
I F�
(-"a ✓�w /(7LLLCu,'�
Chris Gathman
Planner
FIELD CHECK inspection date: 2/25/00
CASE NUMBER:USR-1256
APPLICANT: Robert Pittington
LEGAL DESCRIPTION: NW 1/4 of NE 1/4 of Section 6, Township 4 North, Range 68
West of the 6th P.M., Weld County, Colorado.
LOCATION: South of and adjacent to Colorado Highway 60 and West of Weld
County Road 3
Zoning Land Use
N A (Agricultural) N Agriculture -two single-family residences with
outbuildings.
E A(Agricultural) E Agriculture - cropland, concrete lined ditch
S A(Agricultural) S Agriculture - cropland
W A(Agricultural) W Single family residence with outbuildings adjacent.
COMMENTS:
* Two single family residences on a single property measuring only 4.57 acres
Method and adequacy of road access to the site and on-site?
Chris Gathman, Current Planner
• EXHIBIT
3
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