HomeMy WebLinkAbout961083.tiff INVENTORY OF ITEMS SUBMITTED FOR CONSIDERATION
Applicant: Greg G. Baker Case Number: USR-1112
Submitted or Prepared
Prior
to Hearing At Hearing
1. P.C. Resolution x
2. Comments x
a. Staff summary sheet x
b. Staff recommendation x
c. Field check x
d. Staff letter to applicant x
3. Legals x
4. Application x
5. Plat x
6. Referrals w/o comments
a. Johnstown Fire Protection District x
b. Town of Johnstown
c. Referral list x
7. Referrals with comments
a. Weld County Health Dept. x
b. Weld County Public Works Dept. x
c. Division of Wildlife x
d. Dept. of the Army Corps of Engineers x
8. DPS maps (3 pages) x
9. SPO's x
10. Utilities
a. Little Thompson Water District x
11. Soil Survey
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 May 14, 1996.
I
Glor': Du n, Current Planner
STATE OF COLORADO )
COUNTY OF WELD
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COLORADO STAFF SUMMARY
Case Number: USR-1112
Applicant's Name: Greg G. Baker
Request: Site Specific Development Plan and Special Review permit for an Outdoor
Recreational facility (hunting, fishing, field dog trialing and bird raising) in the
A (Agricultural) zone district
Legal Description of Property: Lot A of RE-134 in part of the NW4 of
Section 30, T5N, R67W
Location: South of Weld County Road 54 and east of Weld County Road 13
Parcel size: 149 acres, more or less
Existing Water Supply: Little Thompson Water District
Proposed Sewer: Vault system providing toilet facilities to patrons of the facility
Accesses: Weld County Road 13, gravel-surfaced local road
Weld County Road 54, paved collector road
Comments: The applicant withdrew proposed skeet and trap shooting use from the
Special Review permit application. Hunting will be substituted as the permitted use on
the area previously designated for shooting.
Referrals: Weld County Public Works Dept. restricts site to one access each on Weld
County Roads 54 and 13.
Weld County Health Dept. & Army Corps of Engineers concerns addressed
in development standards & conditions of approval.
State Division of Wildlife, Town of Johnstown, Johnstown Fire Protection
District -- no conflict.
Staff recommendation: Approval for the reasons listed on pages 1 & 2 of the staff
comments, attached.
EXHIBIT
96108
DOYLE, OTIS, FREY & HELLERICH, LLC
ATTORNEYS AT LAW
RICHARD N.DOYLE West Greeley Law Canter DENVER METRO
HENRY C.FREY 1812 56th AVENUE (303)659-7576
THOMAS E.HELLERICH GREELEY, COLORADO 80634
FRED L:OTIS
Planning
Itt1d County Dept
FAX
-(970)330$700 (970)330-2969
ANTHONY V.maw
MAR 14 1996 March 13, 1996
RECEIVED
HAND DELIVERED
Department of Planning Services
1400 North 17th Avenue
Greeley, CO 80631
Attention: Gloria Dunn
RE: Greg Baker Use By Special Review Application
U.S.R. 1112
Dear Gloria:
Pursuant to our phone conversation of this week, please be advised I have discussed
your request for additional information from the applicant, and he has advised and
authorized me to advise you that he is abandoning that part of the application pertaining
to a skeet and trap shooting area, and will not be requesting approval for a skeet and trap
shooting area.
Further, please be advised we desire to proceed forward with the application on
March 19, 1996. We have Mr. Frank Green, the owner of the property, who lives out of
state coming in for the hearing on the March 19th date.
I would appreciate your processing this request and advising me when the staff's
recommendation will be available. Your assistance in this matter is appreciated.
Very truly yours, /,
THOMAS E. HELLERICH
Attorney at Law
TEH:cjm
pc: Greg Baker
961083
DATE: March 19, 1996
PLANNER: Gloria Dunn
CASE NUMBER: USR-1112
NAME: Greg G. Baker
ADDRESS: 25808 Weld County Road 13, Johnston, CO 80534
REQUEST: Site Specific Development Plan and Use by Special Review permit for an Outdoor
Recreational Facility (hunting, fishing, field dog trialing and bird raising) in the A
(Agricultural) zone district.
LEGAL DESCRIPTION: Lot A of RE-134 in part of the NW4 of Section 30, TSN, R67W
of the 6th P.M., Weld County, CO
LOCATION: South of and adjacent to Weld County Road 54 and east of and adjacent to Weld
County Road 13
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. The proposal is consistent with the Weld County Comprehensive Plan, as amended, and
is provided for as a Use by Special Review. The site is locsted in the Urban Growth
Boundary area of the Town of Johnstown. Johnstown has indicated that it has no
conflict with the use as proposed.
b. The proposal is consistent with the intent of the A (Agricultural) zone district. Present
agricultural uses on the property include a small cow-calf operation and cattle grazing,
which will be continued as a part of the Special Review permit. No agricultural ground
will be removed from production.
c. The uses which would permitted will be compatible with the existing surrounding land
uses, which include rural residences, cattle grazing, agricultural production, Hillsboro
Ditch and the Big Thompson -River. Conditions of approval and Development
standards will ensure compatibility with surrounding land uses.
961083
USR-1112, Greg G. Baker
page two
d. A portion of the site is located within the Flood Hazard Overlay District. Development
standard #10 addresses this issue. No other overlay districts affect the property.
e. 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 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.
3. Prior to scheduling a hearing with the Board of County Commissioners, the following shall
be identified on the plat:
a. Existing oil and gas structures on the site, including their existing access to Weld
County Road 54.
b. Location of the proposed drivewayfrom the 6-space parking area to Weld County Road
13.
c. Location of the proposed bird cages.
d. Location of the manure stockpiles.
4. Prior to scheduling a hearing with the Board of County Commissioners, the parcel owned by
Public Service Company (located at the intersection of Weld County Roads 54 and 13) shall
be deleted from the plat.
5. Any existing septic system which is not currently permitted through the Weld County Health
Department will require an I.S.D.S. evaluation prior to the issuance ofthe required septic
permit. In the event the system is found to be inadequate, the system must be brought into
961083
USR-1112, Greg G. Baker
page three
compliance with current I.S.D.S. regulations.
6. Prior to commencement of the Special Review activity:
a. A copy of an executed Warranty Easement Deed between the United States Department
of Agriculture Natural Resources Conservation Service and property owner or applicant
shall be provided to the Department of Planning Services.
h. A copy of the Colorado State Forestry Department tree planting plan for the site shall
be provided to the Department of Planning Services.
c. The applicant shall obtain the appropriate permits, as required by the Army Corps of
Engineers.
961083
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Greg G. Baker
USR-1112
1. The Site Specific Development Plan and Special Review permit is for an Outdoor
Recreational facility (hunting, fishing, field dog trialing and bird raising) 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, as amended.
3. All activities associated with the Special Review permit shall comply with the rules and
regulations of the Colorado Division of Wildlife.
4. The Colorado Division of Wildlife Commercial Wildlife Park License shall be maintained by
the applicant/operator for the duration of the Use by Special Review permit. Upland game
birds which may be released for hunting on the site are limited to pheasant, chukar and quail.
5. The applicant/operator shall administer the planting and maintenance of 250 seedling trees
per year for the next five years, in accordance with the plan formulated by the Colorado State
Forestry Department.
6. The number of lease dogs for hunting purposes shall not exceed 8.
7. One access to the property from Weld County Road 54 shall be allowed. All other existing
accesses to Weld County Road 54 shall be closed permanently.
8. Traffic generated by the Special Review activity on Weld County Road 13 shall utilize the
existing residential/agricultural driveway to access the 6-space parking area. No additional
accesses shall be allowed from the site toWeld County Road 13.
9. All construction on the property shall occur in accordance with Flood Hazard Overlay District
requirements.
10. Hours of operation for hunting, fishing and field dog trialing associated with the Special
Review permit shall be restricted to 8:00 a.m. to 5:00 p.m.
11. Manure shall be removed, handled and stockpiled in a manner that will prevent nuisance
conditions. The manure piles shall not he allowed to exist or deteriorate to a condition that
961083
USR-1112, Greg G. Baker
page two
facilitates excessive odors, flies, insect pests or pollutant runoff.
12. The facility shall comply with the Confined Animal Feeding operations Control Regulation
(5CCR 1002-19) and Section 47 of the Weld County Zoning Ordinance, as amended.
13. All liquid and solid wastes shall be stored-and removed for final disposal in a manner that
protects against surface and groundwater contamination.
14. No permanent disposal of wstes shall be permitted at this site.
15. Waste materials shall be handled, stored and disposed of in a manner that controls fugitive
dust, blowing debris and other potential nuisance conditions.
16. Fugitive dust shall be controlled on this site.
17. The maximum permissible noise level shall not exceed the residential limit of 55 dh(A) as
measured according to 25-12-102, Colorado Revised Statutes.
18. An individual sewage disposal system is required for the proposed facility and shall he installed
according to the Weld County Individual Sewage Disposal Regulations. A vault system shall
be acceptable. The system shall be located to provide adequate access to all patrons on site.
19. All construction on the property shall be in accordance with the requirements of the Weld
County Building Code Ordinance.
20. The property owner or operator shall be responsible for complying withthe 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 Department of
Planning Services shall be granted access onto the property at any reasonablelime in order to
ensure the activities carried out on the property comply with the Development Standards
stated hereon 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. 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
961083
USR-1112, Greg G. Baker
page three
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.
961083
MEMORANDUM
inkTO: Weld County Planning Commission() March 12, 1996
COLORADO FROM: Gloria Dunn, Current Plannert
SUBJECT: USR-1112, Greg G. Baker
A preliminary recommendation for this proposal is not included as a part of your packet. The
applicant has additional information to submit prior to staffs evaluation of the trap and skeet
shooting area portion of the application, in accordance with Section 45.3 (Outdoor Shooting
Ranges) of the County Zoning Ordinance, as amended.
At this time, it is staffs intention to proceed with hearing the case on March 19th, as scheduled,
pending receipt of the requested information.
SERVICE,TEAMWORK,INTEGRITY,QUALITY
961083
LAND-USE APPLICATION
SUMMARY SHEET
Date: March 12, 1996
CASE NUMBER: USR-1112
NAME: Greg G. Baker
ADDRESS: 25808 Weld County Road 13,Johnstown, CO 80534
REQUEST: Site Specific Development Plan and Use by Special Review permit for an Outdoor
Recreational facility(hunting, fishing, skeet and trap shooting, field dog trialing and bird raising) in the
A(Agricultural) zone district
LEGAL DESCRIPTION: Lot A of RE-134 in part of the NW4 of Section 30, TSN, R67W
LOCATION: East of Weld County Road 13 and south of Weld County Road 54
SIZE OF PARCEL: 150 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 and 45.3.2 of the Weld County Zoning
Ordinance.
The Department of Planning Services'staff has received referral responses from:
Weld County Public Works Dept.,
Weld County Health Dept.
Town of Johnstown
Johnstown Fire Protection District
Division of Wildlife
Army Corps of Engineers
The Department of Planning Services'staff has not received any objections from surrounding property owners.
961083
FIELD CHECK
FILING NUMBER: USR-1112 DATE OF INSPECTION: a- i t - 9
APPLICANTS NAME: Greg Baker
CURRENT PLANNER: Gloria Dunn
REQUEST: A Site Specific Development Plan and a Special Review permit for an outdoor recreational facility
(hunting, fishing, skeet and trap shooting) in the A(Agricultural)zone district.
LEGAL DESCRIPTION: Lot A of RE-134, located in part of the NW4 of Section 30, T5N, R67W of the 6th
P.M., Weld County, Colorado.
LOCATION: South of and adjacent to Weld County Road 54; east of and adjacent to Weld County Road
13. For a more precise location, see legal.
LAND USE: N 45 � . e
E \00.S�u_c �.
S PCISrcC e
W 744 t- C C
ZONING: N A(Agricultural)
E A (Agricultural)
FEB 2 iy�:
S A(Agricultural)
W Larimer County
COMMENTS:
C ��a c
\i. , c ey2 5`1 g I
961083
FIELD CHECK
FILING NUMBER: USR-1112 DATE OF INSPECTION: February 23, 1996
APPLICANT'S NAME: Greg G. Baker
REQUEST: Site specific development plan and Special Review permit for an outdoor recreational facility
(hunting,fishing, skeet and trap shooting) in the A(Agricultural)zone district
LEGAL DESCRIPTION: Lot A of RE-134 in part of the NW4 of Section 30, TN, R67W
LOCATION: East of and adjacent to Weld County Road 13 and south of and adjacent to Weld County Road
54
LAND USE: N Weld County Road 54, undeveloped agricultural ground, residence
E Grazing, Big Thompson River
S Ditch, 2 residences, agricultural production
W Weld County Road 13, 2 residences, agricultural production, pasture, ditch
ZONING: N A(Agricultural)
E A(Agricultural)
S A(Agricultural)
W Larimer County
COMMENTS: There are three existing accesses, one residential, one agricultural and one for utility,to
Weld County Road 13, which is a gravel-surfaced road. There are two existing accesses to Weld County
Road 54 (paved Collector) for the oil and gas use. An additional access to Weld County Road 54 is
proposed. The property is low on the north and northeast boundaries of the site. Cattle grazing is occurring
along the south and west boundaries of the site. As shown on the plat, existing uses are residential and a
feedlot along the west boundary. Five residences were counted within 1/4 mile. A Public Service Co.
outstation is located on the northwest corner,and oil and gas structures are located off of Weld County Road
54.
Glor': D n,Current Planner
961083
res
DEPARTMENT OF PLANNING SERVICES
IPHONE (970) 353-6100, EXT.3540
III FAX (970) 352-6312
C. WELD COUNTY ADMINISTRATIVE OFFICES
1400 N. 17TH AVENUE
GREELEY, COLORADO 80631
COLORADO
February 8, 1996
Frank Green
do Greg Baker
25808 Weld County Road 13
Johnstown, CO 80534
Subject: USR-1112 - Request for a Site Specific Development Plan and a Special Review permit on a
parcel of land described as Lot A of RE-134, located in part of the NW4 of Section 30, T5N, R67W
of the 6th P.M., Weld County, Colorado.
Dear Mr. Baker:
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 19, 1996, 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.
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 Johnstown Planning
Commission for its review and comments. Please call Diana Seele, at (970) 587-4664, 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 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.
961083
Greg Baker, USR-1112
February 7, 1996
Page 2
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,
'Iori- Dunn
ur nt Planner
961083
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