HomeMy WebLinkAbout980164.tiff INVENTORY OF ITEMS FOR CONSIDERATION
Applicant Douglas Born Case Number USR-1171
Submitted or Prepared
Prior to At Hearing
Hearing
1 Planning Commission Resolution
2 Comments X
a Land Use Application Summary Sheet X
b Special Review Permit Administrative Review X
c Letter to the Applicant(2) X
3 Letters from Surrounding Property Owners (petition list) X
4 Legal Notification (2 pages) X
5 Application X
6 Referrals without Comments X
a Referral list X
b Larimer County 9-24-97 X
7 Referrals with Comments X
a Town of Windsor 10-31-97 X
b Windsor-Severance Fire Protection District 9-24-97 X
c Weld County Public Works 7-25-97 X
d Weld County Health Department 6-10-97 X
8 DPS Maps Prepared by Planning Technician (2 pages) X
9 Deed X
10 Surrounding Property Owners X
11 Soil Survey X
12 Planning Commission Exhibits X
a letter Offenbacker X
b letter Pelna X
b letter hanke X
c letter Larson x
d letter Hoffman x
e letter Robert Penny(Attorney) x
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f letter West x
= EXIBIT
g pictures 5 pages X
h copies of magazine Cars& Parts X
i letter Kelly X
j letter Vannoy X
k letter Hopp X
I letter Corbiere X
m letter Blue X
n letter Broyles X
o letter Siefken X
p letter Leautaud X
q photos mounted on board-applicant x
r mike moore 7 photo neighbor houses x
s mike moore 4 photo red tag cars x
3 items submitted at plan commission
I hereby certify that the 12 items identified herein were submitted to the Department of Planning Services at
or prior to the scheduled Planning Commission hearing. I further cer fy th- - - e forwarded to
the Clerk to the Board's office.
Kerni D. Keit ley 4, Curre-alginner
STATE OF COLORADO )
COUNTY OF WELD )
SUBSCRIBED and SWORN TO BEFORE ME THIS&( k day of i�/�y�Ptn j�C/� 19 77.
SEAL /
�7 NOTARY PUBLIC
MY COMMISSION EXPIRES I Lq- O1'
980164
SPECIAL REVIEW PERMIT
WIIDe ADMINISTRATIVE REVIEW
COLORADO
PLANNER: Kerni Keithley
CASE NUMBER: USR-1171 HEARING DATE: November 18, 1997
APPLICANT: Douglas Born
ADDRESS: 7377 Weld County Road 76
Windsor, Co. 80550
REQUEST: A Site Specific Development Plan and a Special Review Permit for a Commercial
Use for a vehicle sales business (selling antique car parts) located in the A
(Agricultural) Zone District.
LEGAL DESCRIPTION: Lot B of Re-1024 located in part of the SW4 of Section 29, T7N,
R67W of the 6th P.M., Weld County, Co.
LOCATION: North of&adj. To WCR 76, approx. 3/4 mile west of SH 257, also located adjacent
to the Town of Windsor's limits on the east, north and south boundaries.
SIZE OF PARCEL: 1.5 acres
PARCEL NUMBER: 0705 29 000015
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. Section 24.3.1.1 —This proposal is consistent with the Weld County Comprehensive
Plan, as amended. A.Goal 3 in the Comprehensive Plan states to discourage
residential, commercial, and industrial development which is not located adjacent to
existing incorporated municipalities. The proposed site lies adjacent to the Town of
Windsor's limits to the north, south and west. A.Goal 1 states to preserve prime
farm ground for agricultural purposes which foster the economic health and
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continuance of agricultural. This site is considered non-prime farm ground and is
approximately 1 '/ acres in size. The proposal of selling vehicle parts from this site
appears to be consistent with the Comprehensive Plan agricultural goals and
policies.
b. Section 24.3.1.2 --This proposal is consistent with the intent of the A (Agricultural)
zone district. A non-commercial junkyard, an accessory use in the agricultural zone
district, is defined as an area where any waste, junk, or used or second hand
materials are stored or handled, including but not limited to scrap iron and other
metals, rubber tires, and the storage or keeping of derelict vehicles. Non-
commercial junkyards are required to be totally enclosed within a building or structure
or visually screened from all adjacent properties and public rights-of-way. The
material that the applicant currently has stored on the site is antique vehicles and
vehicle parts. The use of storing these materials on the site could be allowed as an
accessory use if the above conditions are met and a commercial component is not
included. The commercial component to this use is that approximately 15 to 20
customers per month come to the site to purchase vehicle parts and the applicant
does advertise his business in select magazines. There are no employees on the
site, it is operated solely by the applicant. The use is currently occurring on the site,
in violation of the Weld County Zoning Ordinance.
The proposed use is allowed in the agricultural zone district as a Use By Special
Review. Conditions of approval and development standards ensure that the
proposal is consistent with the intent of the agricultural zone district.
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 the existing
surrounding land uses. Surrounding land uses include residential uses and vacant
agricultural land. Properties to the north, south and east of the site are vacant,
however the Town of Windsor has designated these sites as Low-Density Residential
in their revised Comprehensive Plan. If conditions of approval and development
standards are met to address screening of the use, impacts to surrounding land uses
should be minimal. There is one residence constructed adjacent to the west of this
site which appears to have been built on a slight hill. Due to the nature of the house,
being constructed higher than surrounding properties, the proposed use may have
more impact upon this residence than other surrounding land uses.
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 districts and with
the future development as projected by the Comprehensive Plan or Master Plan of
affected municipalities. As stated above, properties located to the north, south and
east of this site are within the Town of Windsor and are zoned PDR (allowing low-
density residential uses). The Town of Windsor has reviewed this proposal and is
recommending denial of the request. The town's comments are inclosed in this
packet. The Department of Planning Services believes that development standards
and conditions of approval will help to ensure compatibility with future development
in the area.
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 -- The site in which this use is proposed is not considered to be
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prime agricultural land. The site is approximately 1 ' acres in size and is part of a
Recorded Exemption. Standard 24.3.1.6 which states that the applicant has
demonstrated a diligent effort to conserve productive agricultural land is not
applicable to this request.
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 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 15 days of approval by the Board of County
Commissioners. (Planning)
2. Prior to recording the plat:
A. The applicant shall submit to the Department of Planning Services, for review
and approval, a detailed landscaping/screening plan to address all existing
and proposed screening on the site including the type of fencing material
used, height of fencing and species and height of all trees on the site. The
use of evergreen trees should be included into landscaping and screening
methods along the western boundary of the property to attempt to mitigate
concerns from the adjacent property owner. The landscaping/screening plan
shall include a maintenance plan for all living material to be utilized in the
screening efforts. (Planning)
B. The applicant shall submit to the Department of Planning Services a
contract to install a fire hydrant on the property adjacent to the right-of-
way on Weld County Road 76. The hydrant shall be installed to
Windsor-Severance Fire Protection District specifications and
requirements. (Fire District)
C. 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)
980164
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Douglas Born, USR-1171
1. The Site Specific Development Plan and Special Use Permit is for a vehicle sales business
(selling antique car parts) located 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. The Special Review Permit shall not be transferable to any successors in interest to the
described property and shall terminate automatically upon conveyance or lease of the
property to others for operation of the facility. (Planning)
All vehiles and the use shall be
y
closed
n a
4 buildi gcor structturovehicle rvisually screened parts dfrom hall adjacent properties ll nandpubl c right'of-
way. (Planning)
5. All work performed on vehicles associated with the use shall be performed within the
screened areas of the site. (Planning)
6. All work performed on vehicles associated with the use shall be performed between
the hours of 8 a.m. through 8:00 p.m. only.
7. All liquid and solid wastes shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination. (Health Dept.)
8. No permanent disposal of wastes shall be permitted at this site. (Health Dept.)
9 dWaste materials ust, blowing debris,lland other potental be handled, dnuisance conditions. (Health Dept.)
controls fugitive
Dept.hat �
10. Fugitive dust shall be controlled on this site. (Health Dept.)
11. 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.)
12. Adequate toilet facilities shall be provided for customers in the existing residence. (Health
Dept.)
d and handled in a
13. safe mann ReAll ference chemicals stored,
manner. Re rrence 25 8 205 5 Colorado Water QualityCont Ile Act and Rules and
Regulations thereof. (Health Dept.)
14. All access lanes shall be kept open throughout the facility for circulation on the site. (Public
Works)
15. The designated access points to the site from Weld County Road 76 shall be utilized for
980164
loading and parking areas. No open accesses will be allowed to Weld County Road 76_
(Public Works)
16. No staging or parking will be allowed along Weld County Road 76. (Public Works)
17. 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)
18. 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)
19. 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)
20. 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 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)
21. 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)
980164
IILANDk SUMMARY SHEET
ION
COLORADO
Case Number. USR-1171 Hearing Date: November 18, 1997
Applicant: Douglas Born
Address: 7377 Weld County Road 76
Windsor, Co. 80550
Request A Site Specific Development Plan and a Special Review Permit for a Commercial
Use for a vehicle sales business located in the A (Agricultural) Zone District.
Legal Description: Lot B of RE-1024 located in part of the SW4 of Section 29, T7N, R67W of
the 6th P.M., Weld County, Co.
Location: North of & adj. To WCR 76, approx. 3/4 mile west of SH 257, also located
adjacent to the Town of Windsor's limits on the east, north and south boundaries.
Size of Parcel: 1.5 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:
4• Town of Windsor
4• Windsor-Severance Fire Protection District
ve Weld County Public Works
+ Weld County Health Department
® Larimer County
980164
BOARD OF COUNTY COMMISSIONERS' SIGN POSTING CERTIFICATE
THE LAST DAY TO POST THE SIGN IS: bG.c• a S' , 19 A . THE SIGN SHALL BE
POSTED ADJACENT TO AND VISIBLE FROM A PUBLICLY MAINTAINED ROAD RIGHT-OF-WAY. IN THE
EVENT THE PROPERTY BEING CONSIDERED FOR A SPECIAL REVIEW IS NOT ADJACENT TO A
PUBLICLY MAINTAINED ROAD RIGHT-OF-WAY,THE DEPARTMENT OF PLANNING SERVICES SHALL
POST ONE SIGN IN THE MOST PROMINENT PLACE ON THE PROPERTY AND POST A SECOND SIGN
AT THE POINT AT WHICH THE DRIVEWAY (ACCESS DRIVE) INTERSECTS A PUBLICLY MAINTAINED
ROAD RIGHT-OF-WAY.
I HEREBY CERTIFY UNDER THE PENALTIES OF PERJURY THAT THE SIGN WAS POSTED ON THE
PROPERTY AT LEAST 10 DAYS BEFORE THE BOARD OF COUNTY COMMISSIONER'S HEARING FOR
USR- 1 Ian 1 . THE SIGN WAS POSTED BY:
1 154e1 }}o es
NAME OF PERSON POSTING SIGN
SIGNATURE FOR PERSO OSTING SIGN
STATE OF COLORADO)
)ss.
COUNTY OF WELD )
SUBSCRIBED AND SWORN TO ME THIS7 DAY OF '},��/�J�O , 19 /81 .
(J o
/y NOTAR UBLIC
MY COMMISSION EXPIRES: �Jr/� 1�(//
THIS FORM SHALL BE PLACED IN THE APPROPRIATE FILE FOR THE ABOVE CASE.
980164 '
DEPARTMENT OF PLANNING SERVICES
rif cftte"LIN b:.>
PHONE (970) 353-6100, EXT.3540
FAX (970) 352-6312
WELD COUNTY ADMINISTRATIVE OFFICES
1400 N. 17TH AVENUE
GREELEY, COLORADO 80631
C.
COLORADO
September 23, 1997
Douglas Born
•
7377 WCR 76
Windsor, CO 80550
Subject: USR-1171 - Request for a Site Specific Development Plan and Special Use Permit for a commercial use
(vehicle service, repair and sales business) in the A (Agricultural) zone district on a parcel of land
described as Lot B of RE-1024 located in part of the SW4 of Section 29,T7N, R67W of the 6th P.M., Weld
County, Colorado.
Dear Mr. Born:
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 November 18, 1997, 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 Windsor Planning Commission for its review and
comments. Please call Joe Plummer 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 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 hav any questions concerning this matter, please call.
Respec Ily,
Kerni Keithley
Current Planner 980164
•
DEPARTMENT OF PLANNING SERVICES
rs(fei ti;;Ns:Ip
PHONE (970) 353-6100, EXT.3540
FAX ( ) 1S
WELD COUNTY ADMINISTRATIVE OFFICES
OFFICES
1400 N. 17TH AVENUE
GREELEY, COLORADO 80631
C.
COLORADO
September 16, 1997
Douglas Born
7377 WCR 76
Windsor, CO 80550
Subject: USR-1171 - Request for a Site Specific Development Plan and Special Use Permit for a commercial use
(vehicle service, repair and sales business) in the A (Agricultural) zone district on a parcel of land
described as Lot B of RE-1024 located in part of the SW4 of Section 29,T7N, R67W of the 6th P.M.,Weld
County, Colorado.
Dear Mr. Born:
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 November 4, 1997, 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 Windsor Planning Commission for its review and
comments. Please call Joe Plummer 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 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.
•
Respectf y,
Kerri Keithley 38016
Current Planner Jl) Y 1
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