Loading...
HomeMy WebLinkAbout990815.tiff INVENTORY OF ITEMS FOR CONSIDERATION Applicant Charles and Gail Schnerle Case Number USR-1218 Submitted or Prepared Prior to At Hearing Hearing 1 Planning Commission Resolution 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 (5 pages) X 7 Referral list X 8 West Greeley Soil Conservation District referral received 2/10/99 X 9 Weld County Code Enforcement referral received 02/02/99 X 10 Weld County Health Department referral received 02/26/99 X 11 City of Greeley referral received 03/01/99 (9 pages) X 12 Weld County Public Works Dept. referral received 02/19/99 (2 X pages) 13 Weld County Building Inspection referral received 02/03/99 X 14 Colorado Department of Transportation 02/01/99 X 15 8%X 11 maps submitted by applicant(1 pages) X 16 Deed X 17 Certificate of Conveyance (9 pages) X 18 Surrounding Property Owners (9 pages) X 19 Soil Survey (5 pages) X 19 Items submitted at planning commission 990815 I hereby certify that the 19 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 ere forwarded to the Clerk to the Board's office. (..-----,--...,\. -2'1 _j__1(21) g i--- Julie A. Chester 4 Current Planner STATE OF COLORADO ) COUNTY OF WELD )SUBSCRIBED and SWORN TO BEFORE ME THIS ..5)) day of M 0./1 rh 19 99. . SEAL ^ �4{�,w/M N TARY PUBLIC MY COMMISSION EXPIRES 9�/ 0O1 � 4 LAND USE APPLICATION Wi`P�• SUMMARY SHEET COLORADO Case Number: USR-1218 Hearing Date: March 16, 1999 Applicant: Charles and Gail Schnerle Address: 1261 95th Avenue Greeley, CO 80634 Request: A Site Specific Development Plan and a Special Review Permit for a Home Business, (Storage Units), in the A (Agricultural) Zone Legal Description: Lot A of Recorded Exemption 1401, being a portion of the E2/NE4 and NE4/SE4 of Section 12,T5N, R67W of the 6th P.M., Weld County, Colorado Location: West of and adjacent to 95th Avenue, approximately 1/2 mile south of Highway 34, Business Size of Parcel: 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: • West Greeley Soil Conservation District, referral received 02/10/99 • Weld County Planning Department, Code Compliance, referral received 02/02/99 • Weld County Health Department, referral received 02/26/99 • City of Greeley, referral received 03/01/99 • Weld County Public Works Department, referral received 02/19/99 • Weld County Building Inspection Department, referral received 02/03/99 • Colorado Department of Transportation, referral received 02/01/99 _. EXHIBIT USR-1218, Schnerle, Page 1 SPECIAL REVIEW PERMIT wine ADMINISTRATIVE REVIEW COLORADO Case Number: USR-1218 Hearing Date: March 16, 1999 Applicant: Charles and Gail Schnerle Address: 1261 95th Avenue Greeley, CO 80634 Request: A Site Specific Development Plan and a Special Review Permit for a Home Business, (Storage Units), in the A (Agricultural) Zone Legal Description: Lot A of Recorded Exemption 1401, being a portion of the E2/NE4 and NE4/SE4 of Section 12,T5N, R67W of the 6th P.M., Weld County, Colorado Location: West of and adjacent to 95th Avenue, approximately 1/2 mile south of Highway 34, Business Size of Parcel: 5 acres PARCEL NUMBER: 0957 12 000021 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 follows: a. Section 24.3.1.1--This 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. Currently, water is provided by the City of Greeley and a private well. There is a septic system for the existing home and future office. The Weld County Health Department is requiring public restrooms and this has been addressed through a Development Standard#11. Due to the size of the parcel, no prime farm ground will be taken out of production. b. Section 24.3.1.2--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. USR-1218, Schnerle, Page 2 c. Section 24.3.1.3 -- The proposal is consistent with Section 24.3.1.3 of the Weld County Zoning Ordinance, as amended, and will be compatible with future development of the surrounding area. The proposal is compatible with surrounding land uses which include agricultural production, including a dairy and a few residences. The existing residence will be maintained in its current condition, and will be used as an office by the homeowners. The applicants are proposing some landscaping along 95th Avenue, which would help mitigate the impacts to surrounding property owners. d. Section 24.3.1.4 --The proposed uses will be compatible with future development of the surrounding area as permitted by the A (Agricultural) zone district and with the future development as projected by the Comprehensive Plan or Master Plan of affected municipalities. The City of Greeley reviewed this proposal and determined that this proposal does not comply with the policies or intent of the City Comprehensive Plan, however, conditions were added to their recommendation, if this application were to be approved. Conditions of Approval and Development Standards have been added to address the concerns of the City of Greeley. 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 24.3.1.7--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 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. Prior to recording the plat: A. The applicant shall submit a landscaping plan to the Department of Planning Services for review and approval. The landscaping plan shall indicate location and species of all plant materials, planting implementation schedule and landscape maintenance plan. (Dept. of Planning Services) B. The plat shall be amended to delineate the following: 1) The approved landscaping plan. (Dept. of Planning Services) 2) The approved drainage and retention area. (Public Works) 3) Atypical cross section of the driveway, including width and depth of roadway and type of surface. (Public Works) USR-1218, Schnerle, Page 3 C. The Environmental Protection Service Division of the Weld County Health Department was unable to locate a septic permit for the septic system serving the existing residence which will be used as an office. 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 E.P.S. Division of the Weld County Health Department. In the event the system is found to be inadequately sized or constructed the system shall be brought into compliance with current Regulations. As an alternative, if a septic permit does exist, a copy of that permit may be submitted to the Weld County Health Department. (WCHD) D. The applicant shall submit evidence of attempts to address the concerns of the City of Greeley, as listed in the referral response dated March 1, 1999, to the Weld County Department of Planning Services. (Dept. of Planning Services) E. The applicant shall submit evidence of attempts to address any concerns of the Windsor/Severance Fire District, to the Weld County Department of Planning Services. (Dept. of Planning Services) F. The applicant shall submit a drainage plan, with a retention area, to the Department of Public Works for review and approval. (Public Works) 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) H. The attached Development Standards shall be placed on the plat. (Dept. of Planning Services) USR-1218, Schnerle, Page 4 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Charles and Gail Schnerle USR-1218 1. The Site Specific Development Plan and Special Use Permit for a Home Business, specifically of Storage Units, in the A (Agricultural) Zone, as indicated in the application materials or 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. The hours of operation are from 8:00 a.m. to 6:00 p.m., seven days a week. (Dept. of Planning Services) 4. The facility will consist of four prefab metal buildings. (Dept. of Planning Services) 5. All proposed or existing structures will or do meet the minimum setback and offset requirements for the Agricultural zone district (Dept. of Planning Services). 6. All liquid and solid wastes shall be stored and removed for the final disposal in a manner that protects against surface and groundwater contamination. (Health Dept.) 7. No permanent disposal of wastes shall be permitted at this site.(Health Dept.) 8. 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.) 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 Dept.) 10. Any lighting used to illuminate the storage area, outside activity area, sign or other structure shall be arranged as to deflect light away from any adjoining residential zone and from county roads. Any lighting shall be designed, located, and operated in such a manner as to meet the following standards: sources of light shall be shielded so that beams or rays of light will not shine directly onto adjacent properties; neither the direct or reflected light from any light source may create a traffic hazard to operators of motor vehicles on public or private streets.. (Dept. of Planning Services) 11. The facility shall utilize the existing septic system on site. (Health Dept.) 12. Adequate toilet facilities shall be provided for the public. (Health Dept.) 13. The facility shall utilize the existing public water supply (City of Greeley). (Health Dept.) 14. The southern portion of the proposed units shall accommodate a 25-foot driving lane to provide adequate circulation. Dead end streets (not cul-de-sacs) shall not be permitted. (Public Works) 15. A dust suppressant shall be placed on the driveways, parking area and loading zones to control any dust problems. (Public Works) USR-1218, Schnerle, Page 5 16. Exterior bearing walls less than five feet require one hour fire resistive construction (from the property line). Prior to the release of building permits, blue prints must be submitted and shall include engineered foundation and structural drawings. (Building Inspection) 17. The storage buildings shall meet all building and fire codes. (City of Greeley, Dept. of Planning Services) 18. The storage buildings shall be painted with an earth-tone color, approved by the Weld County Department of Planning Services, to blend into landscaping of the area. The structures must be kept in good repair at all times. (Dept. of Planning Services) 19. All items within the storage unit area must be stored within the structures at all times. No outdoor storage will be allowed. (Dept. of Planning Services) 20. A trash receptacle must be provided for the public and must be screened from all adjacent properties and public rights of way. (Dept. of Planning Services) 21. Any proposed signage shall require appropriate building permits and be constructed in accordance with Section 42.2 of the Weld County Zoning Ordinance. (Dept. of Planning Services) 22. The properly 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 Dept.) 23. 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 Dept.) 24. Personnel from the Weld County Health Department 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. (Planning Dept.) 25. 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 Dept.) 26. 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 Dept.) USR-1218, Schnerle, Page 6 a DEPARTMENT OF PLANNING SERVICES fit PHONE (970) 353-6100,(9 0, EXT.352-6340 12 FAX (970) 352-6312 WELD COUNTY ADMINISTRATIVE OFFICES 1400 N. 17TH AVENUE GREELEY, COLORADO 80631 111k. COLORADO January 29, 1999 Charles and Gail Schnerle 1261 95th Avenue Greeley, CO 80634 Subject: USR-1218 - Request for a Site Specific Development Plan and Use by Special Review Permit for a Home Business, specifically of Storage Units on a parcel of land described as Lot A of RE-1401; being a portion of the E2 NE4 and the NE4 SE4 of Section 12, T5N, R67W of the 6th P.M., Weld County, Colorado. Dear Mr. and Mrs. Schnerle: 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 16, 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 Greeley Planning Commission for its review and comments Please call City of Greeley at 970-350-9780 for further details regarding tin date, time, and place of this meeting. It is recommended that you and/or a representative be in attendance at the Greeley 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 cab. Respec fully, • le A. Chester • Planner FIELD CHECK inspection date: 03/05/99 CASE NUMBER: USR-1218 APPLICANT: Charles and Gail Schnerle LEGAL DESCRIPTION: Lot A of Recorded exemption 1401, being a portion of the E2/NE4 and NE4/SE4 0f Section 12, T5N, 1267W of the 6th P.M., Weld County, Colorado LOCATION: West of and adjacent to 95th Avenue, approximately 1/2 mile south of Highway 34, Business Zoning Land, Use N A (Agricultural) N Three residences, Agriculture E A(Agricultural) E Agriculture S A (Agricultural) S Dairy & residence, Agriculture W A (Agricultural) W Agriculture COMMENTS: Posted sign. On site: 2 outbuildings, garage and residence.. No zoning or building code violations. 'There is a large vacant area on the north side of the residence where the storage units are to be placed. Presently, it slopes in this area and it appears that a lot of dirt work will be required before the storage units can be built. This is a very rural area, although it is several miles from the actual built-up area of Greeley. There is very little landscaping on the site and some landscaping should mitigate concerns of the City of Greeley and buffer this use from any surrounding land uses. No other concerns. • f 2d6/ (/ 'Ube A. Chester, Current Planner Hello