HomeMy WebLinkAbout992085.tiff INVENTORY OF ITEMS FOR CONSIDERATION
Applicant John Eichman Case Number USR-1238
Submitted or Prepared
Prior to At Hearing
Hearing
1 Planning Commission Resolution
2 Staff Comments (7 pages) X
3 Department of Planning Services field check form X
4 Letter to Applicant X
5 Legal Notifications (2 pages) X
6 Application (7 pages) X
7 Referral List X
8 Referral Letter X
9 Weld County School District RE-9 referral received 7/12/1999 X
10 West Greeley Soil Conservation Dist. referral received 6/30/1999 X
11 Weld County Zoning Compliance referral received 6/17/1999 X
12 Pierce Planning Department referral received 6/23/1999 X
13 Town of Eaton referral received 6/21/1999 X
14 Colorado Division of Wildlife referral received 7/6/1999
15 Town of Ault referral received 7/8/1999 X
16 Weld County Health Dept. referral received 7/13/1999 (2 pages ) X
17 Weld County Public Works Dept. referral received 7/23/1999 (2 X
pages)
18 Weld County Building Inspection referral received 7/22/1999 X
19 Colorado Department of Transportation referral received X
8/2/1999
20 Maps (2 pages) X
21 8 1/2 X 11 maps submitted by applicant(2 pages) X
22 Deed(2 pages) X
23 Certificate of Conveyance (8 pages) X
24 Surrounding Property Owners (9 pages) X
25 Soil Survey (21 pages) X _
Item submitted at planning commission
EXHIBIT
A992085
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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.
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Sheri Lockman ❖ Planner
STATE OF COLORADO )
COUNTY OF WELD )
SUBSCRIBED and SWORN TO BEFORE ME THIS_AA" day of 19 It .
SEAL
NOTARY PUBLIC
MY COMMISSION EXPIRES /d/n/2Go a _\p.A•.LUQ
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Page 1
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WilVe LAND USE
SUMMARY SHEET
ION
COLORADO
Case Number: USR-1238 Hearing Date: August 3, 1999
Applicant: John Eichman
Address: 4705 Springer Drive, Fort Collins, CO 80524
Request: A Site Specific Development Plan and a Special Review Permit for a business
permitted as a use by right in the Commercial Zone District (Excavation
Business) in the Agricultural Zone District.
Legal Description: Lot B RE-2525 being part of the NW4 Section 15, T7N, R66 W of the 6th
P.M., Weld County, Colorado
Location: South of and adjacent to State Highway 14 and 1/4 mile east of Weld County
Road 31
Parcel Number: 0707 15 000056 acres: 2.77
POSSII3LE 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 Health Department referral received 7/13/1999
• Weld County Public Works Department referral received 7/22/1999
• Weld County School District RE-9 referral received 7/12/1999
Weld County Building Inspection referral received 7/22/199
West Greeley Soil Conservation District referral received 6/30/1999
• Weld County Zoning Compliance referral received 6/17/1999
• Pierce Planning Department referral received 6/23/1999
The Town of Eaton referral received 6/21/1999
Division of Wildlife referral received 7/6/1999
The Town of Ault referral received 7/8/1999
The Colorado Department of Transportation referral received 8/2/1999
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Page 2
SPECIAL REVIEW PERMIT
St:4; ADMINISTRATIVE REVIEW
COLORADO
PLANNER: Sheri Lockman
CASE NUMBER: USR-1238 HEARING DATE: August 3, 1999
APPLICANT: John Eichman
ADDRESS: 4705 Springer Drive, Fort Collins, CO 80524
REQUEST: A Site Specific Development Plan and a Special Review Permit for a business
permitted as a use by right in the Commercial Zone District (Excavation Business)
in the Agricultural Zone District.
LEGAL DESCRIPTION: Lot B RE-2525 being part of the NW4 Section 15, T7N, R66 W of the
6th P.M., Weld County, Colorado
LOCATION: South of and adjacent to State Highway 14 and 1/4 mile east of Weld County Road
31
SIZE OF PARCEL: 2.77
PARCEL NUMBER: 0707 15 000056
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:
a. Section 24.3.1.1 --That the proposal is consistent with the Weld County
Comprehensive Plan. A.Goal 2 in the Comprehensive Plan allows for commercial
and industrial uses which are directly related to or dependent upon agriculture to
locate within Agricultural zoning when the impact to surrounding properties is
minimal, and where adequate services and infrastructure are available. The
proposed use is primarily to provide excavation services in the area. among their
Page 3
customers will be local farmers. This use has minimal impacts on surrounding
properties. A.Goal 1 encourages the preservation of prime farmland for agricultural
purposes which foster the economic health and continuance of agriculture. This
proposal is located on a small parcel of land that has been historically used for onion
and farm equipment storage. Therefore, no prime farmground is 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 31.4.18 of the Weld County Zoning Ordinance
provides for uses allowed as a use by right in the Commercial or Industrial zone
distrits as a Use by Special Review in the Agricultural Zone District. Section 31.4. of
the Weld County Zoning Ordinance provides for agricltural service establishments
in the Agricultural Zone District, which would include onion storage and processing.
c. Section 24.3.1.3--That the USES which would be permitted will be compatible with
the existing surrounding land USES. Surrounding land uses include residential uses
and vacant agricultural land. AMUSR-1191 for an agricultural service establishment
to manufacture and assemble agricultural implements and to repair and sell farm
maciinery is located to the north east of the site. The conditions of approval and
development standards ensure the impacts to surrounding properties are minimal.
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. This proposal is located within the
referral area of the Towns of Ault, Pierce and Eaton, however, it is not within their
Urban Growth Boundaries. None of the towns responding stated that the application
presented conflicts with their interests.
e. Section 24.3.1.5 -The proposal is not located within the Overlay District Areas
identified by maps officially adopted by Weld 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. The site in which
this use is proposed is 2.77 acres and has been historically used as an onion and
farm machinery storage facility and has not been farmed.
g. 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
Stardards ensure that there are adequate provisions for the protection of the health,
safety and welfare of the inhabitants of the neighborhood and county.
Page 4
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 60 days of approval by the Board of County
Commissioners. (Planning Dept.)
2. Prior to recording the plat:
A. Prior to recording the plat, the applicant shall submit a waste handling plan to the
Envi-onmental Health Services Division of the Weld County Department of Public
Health and Environment. (Health Dept.)
The plan shall include at a minimum, the following:
1) A list of wastes which are expected to be generated on site, including
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. A detailed landscaping plan identifying the number, size and species of landscaping
materials/buffering materials, shall be submitted to the Department of Planning
Services for review and approval. 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. (Planning Dept.)
C. The applicant shall submit an on-site improvements agreement for landscaping.
(Planning Dept.)
D. All outdoor storage shall be screened from adjacent properties and public rights of
way. (Planning Dept.)
E. The plat shall be amended to delineate the following:(Planning Dept.)
1) The proposed access ramp/loading dock.
2) The location of the future residence and office.
Page 5
3) The location of proposed signage. Signs must comply with Section 42 of the
Weld County Zoning Ordinance.
F. The applicant shall provide evidence to the Department of Planning Services that an
access permit from the Colorado Department of Transportation was granted for
access to State Highway 14 or evidence that the applicant has complied with the
requirements of the Colorado Department of Transportation. (Planning Dept. &
Pubic Works)
G. The applicant shall submit to the Weld County Public Works Department a plan
which identifies a small retention area to hold any storm water drainage runoff that
may occur from the existing metal building or drainage patterns. It appears the
drainage pattern will collect and hold water at the southwest corner of the site. If
the applicant chooses to utilize the existing pond directly southwest of the property
line, written permission must be obtained from the adjacent property owner. An
approved copy of this plan or written permission from the adjacent property owner
shall be submitted to the Department of Planning Services. Upon approval by Weld
County Public Works the plan shall be delineated on the plat. (Public Works)
H. The applicant shall complete all conditions of approval attached to Recorded
Exemption 2525. (Planning Dept.)
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. (Planning Dept.)
Page 6
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
John Eichman
USR-1238
1. The Site Specific Development Plan and a Special Review Permit for an Excavation Business
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.
(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. (Planning Dept.)
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. (Health Dept.)
4. No permanent disposal of wastes shall be permitted at this site. (Health Dept.)
5. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust,
blowing debris, and other potential nuisance conditions. (Health Dept.)
6. The maximum permissible noise level shall not exceed the commercial limit of 60 db(A) as
measured according to 25-12-102, Colorado Revised Statutes. (Health Dept.)
7. Adequate toile': facilities shall be provided for the employees. (Health Dept.)
8. An individual sewage disposal system is required for the proposed office and shall be installed
according to the Weld County Individual Sewage Disposal Regulations. The septic system is
required to be designed by a Colorado Registered Professional Engineer according to the
Weld County individual Sewage disposal Regulations. (Health Dept.)
9. An individual Sewage Disposal System is required if a residence is constructed and shall be
installed according to the Weld County I.S.D.S. Regulations. (Health Dept.)
10. In accordance with the Above Ground Storage Tank Regulations (7CCR 1101-14) a spillage
retention berm shall be constructed around the fuel tanks. The volume retained by the spillage
berm should be greater than the volume of the largest tank inside the berm. Alternative
protective measures may be allowed provided they comply with the Above Ground Storage
Tank Regulations. (Health Dept.)
11. All pesticides, fertilizer, and other potentially hazardous chemicals must be stored and handled
in a safe manner. Reference 25-8-205.5 Colorado Water Control Act and Regulations thereof.
(Health Dept.)
12. The facility shall utilize the existing public water supply (North Weld Water Dist.). (Health
Page 7
Dept.)
13. The application materials indicate an easement on Lot B of RE-2525 for a septic system leach
field. The applicants and owners of both lots shall submit a joint maintenance agreement.
This agreement should include access necessary for maintenance. (Health Dept.)
14 The applicant shall place dust suppressant throughout the circulation and parking area a
minimum of twice a year. There are two structures directly east and south of State Highway
14 that may be affected by the additional heavy equipment and parking. (Public Works)
15. The waste dumpster located on the property shall be screened from all adjacent properties
and public rights-of-way. (Planning Dept.)
16. The hours of operation shall be from 7:00 a.m. to 6:00 p.m. as indicated in the application
materials. (Planning Dept.)
17. The landscaping on site shall be maintained in accordance with the approved
landscaping plan. (Planning Dept.)
18. The future residence and office will require engineered foundations and an open hole
inspection conducted by a Geotechnical Engineer. (Building Inspection)
19. The future off ce shall be designed by an architect or engineer licensed by the State of
Colorado. (Bui ding Inspection
20. 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.
21. 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,.
22. Personnel from the Weld County Health Department and Weld County Planning [Department
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.
23. 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.
24. 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.
DEPARTMENT OF PLANNING SERVICES
PHONE (970) 353-6100, EXT.3540
\ � 5 N. (970)17TH VENUE
1555 N. 17TH AVENUE
GREELEY, COLORADO 80631
C
COLORADO
June 15, 1999
Bruce Johnson
801 8th St.
Greeley, CO 80631
Subject: USR-1238- Request for a A Site Specific Development Plan and Use by Special Review Permit for an
Excavation Business in the Agricultural Zone District on a parcel of land described as Lot A of RE-894,
being Part of the NW4 of Section 15, T7N, R66W of the 6th P.M., Weld County, Colorado.
Dear Mr. Johnson:
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 August 3, 1999, 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 Town of Ault, Town of Eaton, and the Town of
Pierce Planning Commission for its review and comments. Please call the Town of Ault at(970)834-2844, the Town
of Eaton at(970)454-3338, and the Town of Pierce at(970)834-2851 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 Town of Ault, Town
of Eaton, and the Town of Pierce 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 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,
Aaig(0-thAHntw
Sheri Lockman
Planner
FIELD CHECK inspection date: 6/21/1999
CASE NUMBER: USR-1238
APPLICANT: John Fichman
LEGAL DESCRIPTION: Lot B RE-2153 Being Pt. NW4 of Section 15, T7N,
R66W of the 6th P.M., Weld County, CO.
LOCATION: South of and adjacent to State Highway 14 and 1/4 mile east of
Weld County Road 31
Zoning Land Use
N A (Agricultural) N Agricultural / Residential
E A(Agricultural) E Agricultural / Residential
S A(Agricultural) S Agricultural / Residential
W A(Agricultural) W Agricultural / Residential
COMMENTS: Lot B contains a large metal building. This lot is southwest of
an agricultural service establishment (AMUSR-1191). The parking lot fills most of
the lot. No landscaping exists on the properly.
Sheri Lockman, Planner
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