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Home My WebLink About991797.tiff INVENTORY OF ITEMS FOR CONSIDERATION Applicant John Eichhorn Case Number USR-1230 Submitted or Prepared Prior to At Hearing Hearing 1 Board of County Commissioners Comments 2 Staff Comments ( 6 pages) X 3 Department of Planning Services field check form X 4 Letter to Applicant X 5 Legal Notifications (2 pages) X 6 Application ( 3 pages) X 7 Referral list X 8 Town of Windsor referral received 4/22 X 9 Weld County RE-4 School District referral received 4/13/99 X 10 Colorado Division of Wildlife referral received 4/12/99 X 11 City of Greeley Planning Department referral received 4/6/99 X 12 Weld County Zoning Compliance referral received 4/7/99 X 13 Weld County Health Department referral received 4/26/99 X 14 Weld County Public Works Dept. referral received 4/14/99 X 15 Poudre Valley Fire Protection District referral received 4/8/99 X 16 Windsor-Severance Fire Protection District Weld County Public X Works Dept. referral received 4/13/99 17 8 1/2 X 11 maps submitted by applicant(1 pages) X 18 Deed (2 pages) X 19 Surrounding Property Owners ( 6 pages) X 20 Utilities (6page) X 21 Planning Commission Exhibits ( pages) Ed. EXHIBIT 991797 USE $/a30 I hereby certify that the 21 items identified herein were submitted to the Department of Planning Services at or prior to the scheduled Board of County Commissioners hearing. I further certify that these items were forwarded to the Clerk to the Board's office. c„i..,„ 0 , t_____ Eric A. Jerman + la ner STATE OF COLORADO ) COUNTY OF WELD )SUBSCRIBED and SWORN TO BEFORE ME THIS 1 lesega,- day of19 99 . SEAL NOTARY PUBLIC MY COMMISSION EXPIRES 70/z b/ZGG2 ,.•' .F C?/oTiiit p :19'j l 7 7 Page 1 Pillic 1411 4' WIiDc LAND USE SUMMARY SHEET ION COLORADO Case Number: USR-1230 Hearing Date: May 18, 1999 Applicant: John Eichhorn Address: 38568 WCR 13 Ft. Collins, CO 80524 Request: A Site Specific Development Plan and a Special Review Permit for a Agricultural Service Establishment to sell light industrial and farm machinery, and an apartment for employees. Legal Description: Pt. NW4 Section 19, Township 7 North, Range 67 West of the 6th P.M., Weld County, Colorado. Location: East of and adjacent to WCR 13 and approximately 1/2 mile South of WCR 80 Size of Parcel: 49 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: • Town of Windsor referral response received 4/22/99 • Weld County RE-4 School District referral response received 4/13/99 • Colorado Department of Wildlife referral response received 4/12/99 • City of Greeley Planning Department referral response received 4/6/99 • Weld County Zoning Compliance referral response received 4/7/99 • Weld County Health Department referral response received 4/26/99 • Weld County Department of Public Works referral response received 4/14/99 • Poudre Fire Authority referral response received 4/8/99 • Windsor-Severance Fire Protection District referral response received 4/13/99 E 4 EXHIBIT a • Page 2 / i SPECIAL REVIEW PERMIT I// ADMINISTRATIVE REVIEW wipe COLORADO PLANNER: Eric A. Jerman CASE NUMBER: USR-1230 HEARING DATE: May 18, 1999 APPLICANT: John Eichhorn ADDRESS: 38568 WCR 13 Ft. Collins, CO 80524 REQUEST: A Site Specific Development Plan and a Special Review Permit for a Agricultural Service Establishment to sell light industrial and farm machinery, and an apartment for employees. LEGAL DESCRIPTION: Pt. NW4 Section 19, Township 7 North, Range 67 West of the The Th P.M., Weld County, Colorado. LOCATION: East of and adjacent to WCR 13 and approximately '% mile South of WCR 80 SIZE OF PARCEL: 49 PARCEL NUMBER: 0705 19 000012 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--This proposal is consistent with the Weld County Comprehensive Plan. The proposal is for a USR to allow commercial equipment sales of light industrial skidsters, tractors and crawlers for farm, forestry, and landscape use. The applicant expects to have up to five (5) people use this site per week. The applicant is also requesting to have an apartment located in the existing garage for security of the business inventory to be lived in by an employee of the business. A.Goal 2 reads, "Allow commercial and industrial uses which are directly related to or dependent upon agriculture to locate within Agricultural zoning when the impact (1 , 79. 7 Page 3 to surrounding properties is minimal, and where adequate services and infrastructure are available." Mechanized earth moving equipment is essential to the operation of farms. A.Goal 1 states," Preserve prime farmland for agricultural purposes which foster the economic health and continuance of agriculture." This proposal will not remove any prime farmland from production. b. Section 24.3.1.2 --That the proposal is consistent with the intent of the district in which the USE is located. Farm equipment sales, repair and installation facilities are considered a Use by Special Review in the Agricultural 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 properties are zoned for agricultural uses. The USR site is screened from surrounding properties and is not clearly visible from WCR 13. 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. In a referral response dated April 16, 1999, the Town of Windsor approved of the application and stated that it"appears to be consistent and compatible with Windsor's Land Use Plan." 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 site is not located within an Overlay District. 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 is currently being farmed as pasture land for cattle, however, this proposal will not remove any farmland from production. 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 Standards ensure that there are adequate provisions for the protection of the health, safety and welfare of the inhabitants of the NEIGHBORHOOD and the 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 �`'/ / 7j7 Page 4 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. Evidence shall be given to the Department of Planning Services that the following conditions of the Health Department have been satisfied: The existing septic system that serves the apartment, office, and shop (#SP- 9700140) shall be reviewed by a Colorado Registered Professional Engineer. The review shall consist of observation of the system and an evaluation of the systems ability to handle the proposed hydraulic load. The review shall be submitted to the E.H. Division of the W.C. Health Department. In the event the system is inadequately sized or constructed, the system shall be brought into compliance with current regulations. (Health Department) B. The applicant shall submit evidence to the Department of Planning Services that the occupants of the apartment are or will be principally employed at or engaged in the operation on the subject property. The evidence shall consist of tax records, employment agreements or other documentation as determined suitable by the Department of Planning Services. (Planning Dept.) C. The applicant shall submit evidence to the Department of Planning Services that all the conditions of the Poudre Valley Fire Protection District have been satisfied. D. The applicant shall submit evidence to the Department of Planning Services that all the conditions of the referral response from Larimer County, dated April 20, 1999 have been met. 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) 9c7 717 Page 5 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS John Eichhorn USR-1230 • 1. The Site Specific Development Plan and Special Use Permit is for an agricultural service establishment to sell light industrial and farm machinery, and an apartment for employees 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. (Planning) 2. Approval of this plan may create a vested property right pursuant to Section 90 of the Weld County Zoning Ordinance, as amended. (Planning) 3. No permanent disposal of wastes shall be permitted at this site. (Health Department) 4. Fugitive dust shall be controlled on this site. (Health Department) 5. All liquid and solid wastes shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. (Health Department) 6. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. (Health Department) 7. Adequate toilet facilities shall be provided for the public. (Health Department) 8. The facility shall utilize the existing public water supply(North Weld Water District). (Health Department) 9. 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 Department) 10. At such time that the USR for equipment sales should cease, the apartment, which is accessory to the Special Review Permit, must be removed from the property or abandoned as a living quarters. Evidence shall be submitted to the Department of Planning Services that the kitchen facilities have been removed or that the appropriate zoning and building permits have been applied for and approved for the appropriate use. 11. Occupants of the apartment must be principally employed at or engaged in the operation on the subject property. (Planning Dept.) 12. All construction on the property shall be in accordance with the Weld County Building Code Ordinance. (Planning) 13. 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. (Planning) L7C/ , 7c7 7 Page 6 14. 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. (Planning) 15. 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. (Planning) 16. 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. (Planning) 17. 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. (Planning) .77 7 7 a DEPARTMENT OF PLANNING10 SERVICES PHONE (970) 353-6100, EXT.3540 FAX (970)IE 352-6312 WELD COUNTY ADMINISTRATIVE OFFICES 1400 N. 17TH AVENUE ' GREELEY, COLORADO 80631 C. COLORADO April 2, 1999 Michelle Eichhorn 38568 WCR 13 Ft. Collins, CO 80524 Subject: USR-1230 - Request for a Site Specific Development Plan and Use by Special Review for an Agricultural Service Establishment on a parcel of land described as Part of the N\N4 of Section 19, T7N, R67W of the 6th P.M., Weld County, Colorado. Dear Ms. Eichhorn: 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 18, 1999, at 1:30 p.m. This meeting will take place in Room 101, Commissioner's Hearing Room, Weld County Centennial Center, 915 10th Street, 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 Windsor Planning Commission for its review and comments. Please call the Town of Windsor at (970)686-7476 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 Windsor 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, Eric Jerman EXHIBIT Planner FIELD CHECK inspection date: April 14, 1999 CASE NUMBER: USR-1230 APPLICANT: Michelle Echhorn LEGAL DESCRIPTION: Pt. NW4 Section 19, Township 7 North, Range 67 West of the 6th PM LOCATION: East of and adj. To WCR 13 and approx. 1/2 mile South of WCR 80 Zoning Land Use N A (Agricultural) N f\s/ L;�_ e-! 'I-Incr11*4 E A (Agricultural) E A (nun) 6./ ; cc,4.ofvv s A (Agricultural) s As L;,.ct j t f r" Q„n) Elf, W A (Agricultural) W ��. /L-ar;nhac (0,)/117 COMMENTS: 1 ` k;S`trq kr.Ate o,u ' cJL or bu,filk� 5 . e "flie. S N S145,49 /'hs�-lor • `� LOLe is fAD W ras`ftpre_ 04 ofpar jus'1 kU' 1, cap. s4orol ._ wire t�.\ OQJI {W L� QC1,0 0,..e '1 c, r, chotere e't 'hei'I 6; Eric A. Jerman, a ner € C Hello