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HomeMy WebLinkAbout960468.tiff INVENTORY OF ITEMS SUBMITTED FOR CONSIDERATION W` �'' Applicant: Joe R. Gaona Case Number: USR-1100 /92 Enc. S Litt 14 fI112: 21 Submitted or Prepared ID Ty,EPmc Po n� Prior to Hearing At Hearing 1. P.C. Resolution x 2 . Comments x a. Staff summary sheet x b. Staff recommendation x c. Field checks x d. Staff letter to applicant x 3 . Legals x 4. Application (11 pages) , 24" x 36" plat x 5. Referrals w/o comments a. Weld County Public Works Dept. x b. Referral list x c. Referral letter x 6. Referrals w/ comments a. Weld County Health Department x b. West Greeley Soil Conservation District x 7. DPS Maps Prepared by Planning Technician (3) x 8. SPO's x a. Letter from SPO P. Kindvall x b. Letter from SPO's Kindvall, Jordan, French x 9. Deed x 10. Utilities x a. North Weld County Water District x 11. Soil Survey x 960468 I hereby certify that the 11 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 on December 13, 1995. or a Dunn, Current Planner STATE OF COLORADO ) COUNTY OF WELD SUBSCRIBED AND SWORN TO BEFORE ME THIS /J,7' (7day oflnk 199 . SEAL NOTARY PUBLIC My Commission Expires 0,2-„3- re 960468 Vert, Vi`Pt COLORADO STAFF SUMMARY Case Number: USR-1100 Applicant's Name: Joe R. Gaona Request: Site Specific Development Plan & Use by Special Review permit for a Commercial business (auto and farm machinery repair) in the A (Agricultural) zone district Legal Description of Property: Lot A of RE-1769 in part of the N2 of Section 1 , T6N, R65 W Location: South of Weld County Road 74 and east of Weld County Road 47 Zone District: A(Agricultural) Proposed Use: Auto & farm machinery repair Total Number of Acres: 7 Proposed Water Supply: North Weld County Water District Proposed Sewer: Individual septic system Access: Weld County Road 74, paved County arterial Comments: This land use is existing. The applicant wishes to bring the business into compliance with the County Zoning Ordinance. Staff has no objection to the permitting of this business so long as the applicant is able to meet all the requirements of the Weld County Health Department as stated in the Development Standards of the staff recommendation. y • EXHIBIT 960468 DATE: December 5, 1995 CASE NUMBER: USR-1100 NAME: Joe R. Gaona ADDRESS: 431 Wall, Eaton, CO 80615 REQUEST: Site Specific Development Plan and Use by Special Review permit for a Commercial business (auto and farm machinery repair) in the A (Agricultural) zone district LEGAL DESCRIPTION: Lot A of RE-1769 in part of the N2 of Section 1, T6N, R65W of the 6th P.M. , Weld County, CO LOCATION: South of and adjacent to Weld County Road 74 and approximately 1/4 mile east of Weld County Road 47 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' staff that the applicant has shown compliance with Section 24.3 of the Weld County Zoning Ordinance as follows: - This proposal is consistent with the Weld County Comprehensive Plan and is provided for as a Use by Special Review. - The use is consistent with the intent of the A (Agricultural) zone district because no prime agricultural land will be taken out of production for the proposed use. - No overlay districts affect the site. Special Review Permit Development Standards will provide adequate protection of the health, safety, and welfare 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 960468 USR-1100, Joe R. Gaona Page two 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 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 15 days of approval by the Board of County Commissioners. 2 . 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. 960468 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Joe R. Gaona USR-1100 1. The Site Specific Development Plan and Special Review permit is for a Commercial business (auto and farm machinery repair) in the A (Agricultural) zone district as submitted in the application materials on file in the Department of Planning Services and subject to the Development Standards stated hereon. 2. Approval of this plan may create a vested property right pursuant to Section 90 of the Weld County Zoning Ordinance. 3. All liquid and solid wastes shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 4 . No permanent disposal of wastes shall be permitted at this site. 5. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. 6 . Any underground storage tank shall comply with the Underground Storage Tank Regulations (6CCR 1007-5) . 7. The maximum permissible nois level shall not exceed the commercial limit of 60 db(A) , as measured according to 25-12-102, Colorado Revised Statutes. 8 . The septic system is required to be designed by a Colorado Registered Professional Engineer according to the Weld County Individual Sewage Disposal Regulations. 9. Any equipment associated with the recovery, installation, or recycling of compounds used in auto air conditioning units shall comply with Regulation No. 15 of the Colorado Air Quality Commission Regulations. 10. All construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 960468 11. The property owner or operator shall be responsible for complying with the Design Standards of Section 24.5 of the Weld County Zoning Ordinance. 12 . The property owner or operator shall be responsible for complying with the Operation Standards of Section 24.6 of the Weld County Zoning Ordinance. 13. 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. 14. The Special Review area shall be limited to the plans shown hereon and governed by the foregoing Standards and all applicable Weld County Regulations. Major 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 and the 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. 15. 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. 960468 LAND-USE APPLICATION SUMMARY SHEET Date: November 28, 1995 CASE NUMBER: USR-1100 NAME: Joe R. Gaona ADDRESS: P.O. Box 237, Ault, CO 80610 REQUEST: Site Specific Development Plan and Use by Special Review permit for a Commercial business (auto and farm machinery repair) in the A(Agricultural) zone district. LEGAL DESCRIPTION: Lot A of RE-1769 in part of the N2 of Section 1, T6N, R65W LOCATION: South of Weld County Road 74 and approximately 1/2 mile east of Weld County Road 47 SIZE OF PARCEL: 7 acres, more or less 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 referral responses from: Weld County Public Works Department Weld County Health Department West Greeley Soil Conservation District The Department of Planning Services' staff has not received any objections from surrounding property owners. 960468 FIELD CHECK FILING NUMBER: USR-1100 / DATE OF INSPECTION: //(mod 9_ APPLICANTS NAME: Joe R. Gaona CURRENT PLANNER: Gloria Dunn REQUEST: A Site Specific Development Plan and a Special Review permit for a commercial business (auto and farm machinery repair) in the A(Agricultural)zone district. LEGAL DESCRIPTION: LotA of RE-1769,located in part of the N2 of Section 1,T6N, R65W of the 6th P:ivl., Weld County, Colorado. LOCATION: South of and adjacent to Weld County Road 74; approximately 1/4 mile east of Weld County Road 47. /// /J // LAND USE: N 05A4J uci/k &Tt/ / rec/dr E A/49/Ga �l,J/`Y _Sipe i 4/4/ S fr�X M �A4.1 W SMR// Fn dhr A. ci1 (c2,✓N?2y //a" ZONING: N <Agricultur ) A(Agricultur S A(Agricujtur A(Agricultur I) COMMENTS:/ / / / AO cA Tf h/ 4- �Q.°�.* owl ic.i�./cJ /Rdcj≤'cr ltlE , CA,?en 4- �jl�i1./?rs! .4c,cif' fa- As') ilk si,i. 717',WI,- " P.C Board Mem er 960468 FIELD CHECK FILING NUMBER: USR-1100 DATE OF INSPECTION: November 17, 1995 APPLICANTS NAME: Joe R.Gaona REQUEST: Site Specific Development Plan & Use by Special Review permit for a commerial business (auto &farm machinery repair) in the A(Agricultural)zone district LEGAL DESCRIPTION: Lot A of RE-1769 in part of the N2 of Section 1, T6N, R65W LOCATION: South of and adjacent to Weld County Road 74 and approximately 1/4 mile east of Weld County Road 47 LAND USE: N Agricultural ground--some cattle feeding E Agricultural production S Agricultural production, vacant agricultural building W Agricultural production ZONING: N A(Agricultural) E A(Agricultural) S A(Agricultural) W A(Agricultural) COMMENTS: Weld County Road, a paved arterial,provides access to the site. Existing is a metal shed which is currently used for the repair business. Vehicles are parked/stored in front of(north of)the shed. G oria unn, Current Planner 960468 rs DEPARTMENT OF PLANNING SERVICES PHONE (970) 353-6100, EXT.3540 liD FAX (970) 352-6312 WELD COUNTY ADMINISTRATIVE OFFICES C. 14, COLORADO0 AVENUE 80631 GREELEY, 80631 COLORADO October 25, 1995 Joe R. Gaona 431 Wall Street Eaton, CO 80615 Subject: USR-1100 - Request for a Site Specific Development Plan and a Special Review permit for a commercial business (auto and farm machinery repair) in the A (Agricultural) zone district on a parcel of land described as Lot A of RE-1769, located in part of the N2 of Section 1,T6N, R65W of the 6th P.M.,Weld County, Colorado. Dear Mr. Gaona: 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 December 5, 1995, at 1:30 p.m. This meeting will take place in the County Commissioners'Hearing Room,First Floor, 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. 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, i•lo ': Dunn rrent Planner 960468 a (it ' DEPARTMENT OF PLANNING SERVICES PHONE (970) 353-6100, EXT.3540 C. FAX TIVE(970) 35 S WELD COUNTY ADMINISTRATIVE OFFICES 1400 N. 17TH AVENUE COLORADO GREELEY, COLORADO 80631 October 13, 1995 Mr. Joe Gaona P.O. Box 237 Ault, CO 80610 Subject: Request for waiver of Use by Special Review fees Dear Mr. Gaona: The Board of County Commissioners met in a work session on October 9, 1995, to consider your request to waive of the $1,100 Use by Special Review application fee for your existing auto service business, which is located in part of the NW4 of Section 1, T6N, R65W in Weld County. In an effort to remain consistent in extending equal treatment to all Weld County citizens, the Board agreed to disapprove the granting of a fee waiver. The Planning staff deals with applicants on a regular basis who express the hardship that application fees will present for them. However, in allowing application fee waivers to occur, the financial burden is shifted from the property owner to all Weld County taxpayers. The Department of Planning Services' staff will make every effort to assist you in the Use by Special Review application process. If you have any questions, please let me know. Sincerely, Gloria Dunn Current Planner SERVICE,TEAMWORK,INTEGRITY,QUALITY 960468 , `rte ;6 ��� . 0 � 0 o MEMORANDUM v ) �� COLORADO TO: Board of County Commissioners October 2, 1995 FROM: Gloria Dunn, Current Planner , SUBJECT: Request for waiver of USR application fee from Joe Gaona The Board of County Commissioners recently approved a Recorded Exemption for Marvin and Mildred Bay. Lot A divides approximately six (6) acres from the Bay farm to provide a home site for Joe Gaona and his family. Lot A presently contains an auto service business which is in violation of Section 31 of the Weld County Zoning Ordinance. In an effort to bring the property and this commercial-type use into compliance with the (A)Agricultural zone district requirements, Mr. Gaona is ready to submit a Use by Special Review application to the Department of Planning Services. The attached letter from Mr. Gaona requests that the USR application fee of$1,100 be waived, due to financial hardship. Staff requests that the Board consider Mr. Gaona's request and determine whether the fee waiver should be granted. SERVICE,TEAMWORK,INTEGRITY,QUALITY 960468 * PROPOSED ADDITIONS TO PLANNING COMMISSION RESOLUTION: JOE R. GAONA USR-1100 DEVELOPMENT STANDARD #17: "Any aboveground storage tank greater than 660 gallons shall comply with the Aboveground Storage Tank Regulations (7CCR 1101-14)." CONDITION OF APPROVAL #5: "Prior to recording the plat, the applicant shall submit a waste handling plan to the Environmental Protection Services Division of the Weld County Health Department. The plan, at a minimum, shall include the following: a) A list of wastes which are expected to be generated on site, i.e. antifreeze, used oil, etc. Please include the volume and type of waste which are expected to be generated. b) The waste handler and facility where the waste will be handled, disposed, etc. Please include the facility name, address and phone number. c) A brief description of how the wastes generated on site will be stored prior to removal for recycling, disposal, etc. Description to include containers, containment features, storage locations, etc. which will be incorporated on site." *In response to December 7, 1995, referral response from the North Side Lateral and Extension Ditch Company & subsequent amended Health Department referral dated December 29, 1995 960468 Hello