Loading...
HomeMy WebLinkAbout20142957.tiff ti� f TTh) If, pi LAND USE APPLICATION � • SUMMARY SHEET Planner: Kim Ogle Hearing Date: September 16, 2014 Case Number: USR14-0037 Applicant: Rodney and Tammy DeFoe Address: 15814 Good Avenue, Fort Lupton, Colorado Request: A Site Specific Development Plan and Use by Special Review Permit for a Home Business (Defoe's Roofing Company) and for accessory buildings with gross floor area larger than four percent (4%) of the total lot area per building on lots in an approved or recorded subdivision plat or lots part of a map or plan field prior to adoption of any regulations controlling subdivisions in the A (Agricultural)Zone District Legal Lot 3, Block 62 Aristocrat Ranchettes, 2n° Filing, being a part of SE4 of Section 27, Description: T2N, R65W of the 6th P.M., Weld County, CO Location: South of and Adjacent to Good Avenue and approximately 235 feet East of Hart Street Size of Parcel: 1.0 acres Net Parcel No. 1309-27-4-21-008 The criteria for review of this Special Review Permit is listed in Section 23-2-220 of the Weld County Code. The Department of Planning Services' staff has received referral responses with comments from the following agencies: ➢ Weld County Zoning Compliance, referral dated July 14, 2014 • Weld County Department of Public Works, referral dated August 4, 2014 Weld County Department of Public Health and Environment, referral dated August 8, 2014 ➢ Weld County Department of Building Inspection, referral dated August 13, 2014 The Department of Planning Services' staff has received referral responses without comments from the following agencies: ➢ Aristocrat Ranchettes Water, referral dated July 15, 2014 • State of Colorado, Division of Water Resources, referral dated July 15, 2014 • Fort Lupton Fire Protection District, letter dated June 24, 2014 Fort Lupton - Planning, referral dated July 29, 2014 ➢ Weld County Department of Public Works—Access, referral dated August 11, 2014 The Department of Planning Services' staff has not received responses from the following agencies: ➢ Weld County Sherriff's Office ➢ Weld County School District RE-8 USR14-0037 DEFOE,Page 1 of 10 SPECIAL REVIEW PERMIT ADMINISTRATIVE REVIEW tAt � c9,'v Planner: Kim Ogle Hearing Date: September 16, 2014 Case Number: USR14-0037 Applicant: Rodney and Tammy DeFoe Address: 15814 Good Avenue, Fort Lupton, Colorado Request: A Site Specific Development Plan and Use by Special Review Permit for a Home Business (Defoe's Roofing Company) and for accessory buildings with gross floor area larger than four percent (4%) of the total lot area per building on lots in an approved or recorded subdivision plat or lots part of a map or plan field prior to adoption of any regulations controlling subdivisions in the A(Agricultural)Zone District Legal Lot 3, Block 62 Aristocrat Ranchettes, 2n° Filing, being a part of SE4 of Section 27, Description: T2N, R665W of the 6th P.M., Weld County, CO Location: South of and Adjacent to Good Avenue and approximately 235 feet East of Hart Street Size of Parcel: 1.0 acres Net Parcel No. 1309-27-4-21-008 Case Summary: This property has been the residence of Mr. Defoe, and DeFoe Roofing has been operating from this property since 1967 when the property owner moved into the subdivision. Mr. DeFoe currently has two employees, one of which is present on site on a full time basis, but not necessarily five days a week. In addition to the DeFoe residence, new structures are planned for the site including an office for clerical assistance. The proposed improvements will exceed the greater than 4% of total lot coverage. The property is located within Aristocrat Ranchettes, 2n° Filing, a residential subdivision. The applicant's property has 23 property owners within five hundred feet, and as of this date staff has not received any inquiries, letters, telephone calls or email, concerning this land use application. This case has an active zoning violation, ZCV13-00037. This violation was initiated due to the operation of a roofing business without first completing the necessary Weld County Zoning Permits. If this application is approved by the Board of County Commissioners and if a USR Map is recorded this action will correct this outstanding violation. If this application is denied, the commercial vehicles, office trailer, storage and all operations shall be removed from the property within 30 (thirty) days of denial or the violation will proceed in court accordingly. 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 23-2-260 of the Weld County Code. 2. It is the opinion of the Department of Planning Services' staff that the applicant has shown compliance with Section 23-2-220 of the Weld County Code as follows: USR14-0037 DEFOE,Page 2 of 10 A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other applicable code provisions or ordinance in effect. Section 22-2-20.G. A.Goal.7. states "County land use regulations should protect the individual property owner's right to request a land use change." Section 22-2-20.G.2 A.Policy 7.2 states "Conversion of agricultural land to nonurban residential, commercial and industrial uses should be accommodated when the subject site is in an area that can support such development, and should attempt to be compatible with the region." The applicant is requesting to bring the property located within an agriculturally zoned subdivision and the business located on the property since 1967 into compliance through this Site Specific Development Plan and Special Use Permit. The Department of Public Health and Environment in their referral dated August 8, 2014 states Water is supplied by Aristocrat Ranchettes Water (acct DEF362). Sewer is provided by an existing septic system (G-19870053) which was sized for 4 bedrooms/ 8 people and the Department of Public Health and Environment have no objections to the proposal. The Weld County Engineering Development Review stated that this site is partially within a State defined Municipal Separate Storm Sewer System (MS4) area which is a more urbanized area with state mandated, higher water quality requirements. Existing and proposed sites must provide an engineered water quality design as part of the planning process. A stamped and signed Water Quality Capture Volume narrative and pond calculation was provided by Alles Taylor & Duke, LLC, dated June 30, 2014. The submitted design is acceptable for the MS4 area requirements. Referrals were sent to the Weld County Sheriff's Office, Fort Lupton Fire Protection District, Weld County Schools, RE-8 (Fort Lupton) and Aristocrat Water District who either responded without concern or did not respond to the referral request. B. Section 23-2-220.A.2 --The proposed use is consistent with the intent of the A (Agricultural)Zone District. Section 23-3-40.P allows for a Home Business the A (Agricultural) Zone District and Section 23-3-40.Q accessory buildings with gross floor area larger than four percent (4%) of the total lot area, per building on lots in an approved or recorded subdivision plat or lots part of a map or plan field prior to adoption of any regulations controlling subdivisions. C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing surrounding land uses. The site is located in Aristocrat Ranchettes, 2n° Filing, a residential subdivision on one acre parcels. In the immediate area, residential structures are located to the north, east and south. The adjacent parcel to the west is currently vacant. Approximately 200 feet to the east are two Special Use Permits USR-819 is for a Public Utility, Aristocrat Water, and USR-822 for a Livestock Confinement Operation allowing for 4.84 Animal Units in 1.0245 acres. D. Section 23-2-220.A.4 -- The uses which will 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 Chapter 22 of the Weld County Code and any other applicable code provisions or ordinances in effect, or the adopted Master Plans of affected municipalities. The site is located within the three (3) mile referral area of the City of Fort Lupton. The City of Fort Lupton in their referral comments, dated July 29, 2014 indicated that they have no concerns. USR14-0037 DEFOE,Page 3 of 10 E. Section 23-2-220.A.5 -- The application complies with Chapter 23, Article V, of the Weld County Code. The existing site is within the County-Wide Road Impact Fee Area and the Capital Expansion Impact Fee area. Building Permits issued on the lot will be required to adhere to the fee structure of the County-Wide Road Impact Fee Program. Building Permits issued on the proposed lot will be required to adhere to the fee structure of the County Facility Fee and Drainage Impact Fee Programs. F. Section 23-2-220.A.6 -- The applicant has demonstrated a diligent effort to conserve prime agricultural land in the locational decision for the proposed use. The proposed facility is located on approximately 1.0 acres of "Other Land" per the 1979 Soil Conservation Service Important Farmlands of Weld County Map. The small urbanized parcels do not take any prime agricultural land out of production. G. Section 23-2-220.A.7 — There is adequate provisions for the protection of the health, safety, and welfare of the inhabitants of the neighborhood and County. The Design Standards (Section 23-2-240, Weld County Code), Operation Standards (Section 23-2-250, Weld County Code), Conditions of Approval and Development Standards can 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. Prior to recording the plat: A. The applicant shall submit a waste handling plan, for approval, to the Environmental Health Services Division of the Weld County Department of Public Health & Environment. The plan shall include at a minimum, the following: 1. A list of wastes which are expected to be generated on site (this should include expected volumes and types of waste generated). 2. A list of the type and volume of chemicals expected to be stored on site. 3. The waste handler and facility where the waste will be disposed (including the facility name, address, and phone number). (Department of Environmental Health) B. The applicant shall submit a Lighting Plan to the Department of Planning Services, for review and approval. Any lighting poles and lamps shall comply with Section 23-3-360.F. which states, in part, that, "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." (Department of Planning Services) C. The applicant shall submit a Landscaping/Screening Plan to the Department of Planning Services for review and approval. All parking areas shall be screened from adjacent properties and public rights of way. (Department of Planning Services) D. The applicant shall submit a Signage Plan to the Department of Planning Services, for review and approval, if signage is desired. Signs shall be in compliance with Chapter 23, USR14-0037 DEFOE,Page 4 of 10 Article IV, Division II and Appendices 23-C, 23-D and 23-E of the Weld County Code. (Department of Planning Services) E. The applicant shall submit an updated Parking Plan to the Department of Planning Services for review and approval. This updated parking plan shall show the dimensions of the drives and the parking stalls. (Department of Planning Services) F. The plat shall be amended to delineate the following: 1. All sheets of the USR map shall be labeled USR14-0037 (Department of Planning Services) 2. The attached Development Standards. (Department of Planning Services) 3. The USR map shall be prepared in accordance with Section 23-2-260.D of the Weld County Code. (Department of Planning Services) 4. The applicant shall delineate the trash collection areas. Section 23-3-35O.H of the Weld County Code addresses the issue of trash collection areas. Areas used for storage or trash collection shall be screened from adjacent properties and public rights-of-way. These areas shall be designed and used in a manner that will prevent trash from being scattered by wind or animals. (Department of Planning Services) 5. The approved Screening Plan. (Department of Planning Services) 6. The approved Lighting Plan. (Department of Planning Services) 7. The approved Signage Plan. (Department of Planning Services) 8. The approved Parking Plan. (Department of Planning Services) 9. Show the Water Quality Capture Volume pond location on the USR map. (Department of Public Works) 10. Show the standard tracking control for access onto gravel roads such as class 6 road base or recycled base across both lanes at the access point. (Department of Public Works) 11. All approved accesses shall be clearly shown on the plat. The applicant shall contact the Weld County Department of Public Works to determine if a culvert is necessary at any approved road access point. If a drainage culvert is required, a 15 inch Corrugated Metal Pipe (CMP) is Weld County's minimum size. If the applicant chooses to place a larger culvert please contact the Weld County Department of Public Works to adequately size the culvert. 12. Good Avenue is designated on the Weld County Road Classification Plan as a local gravel road, which requires 60 feet of right-of-way at full buildout. The applicant shall verify and delineate on the plat the existing right-of-way and the documents creating the right-of-way. All setbacks shall be measured from the edge of future right-of-way. This road is maintained by Weld County. (Department of Public Works) 13. Show the approved access on the plat and label with the approved access permit number AP14-00230. (Department of Public Works) 2. Upon completion of Condition of Approval #1 above, the applicant shall submit one (1) paper copy or one (1) electronic copy (.pdf) of the USR map for preliminary approval to the Weld County Department of Planning Services. Upon approval of the map the applicant shall submit a Mylar USR14-0037 DEFOE,Page 5 of 10 plat along with all other documentation required as Conditions of Approval. The Mylar map shall be recorded in the office of the Weld County Clerk and Recorder by the Department of Planning Services. The map shall be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code. The Mylar map and additional requirements shall be submitted within one hundred twenty (120) days from the date of the Board of County Commissioners Resolution. The applicant shall be responsible for paying the recording fee. (Department of Planning Services) 3. In accordance with Weld County Code Ordinance #2012-3, approved April 30, 2012, should the plat not be recorded within the required one hundred twenty (120) days from the date of the Board of County Commissioners Resolution, a $50.00 recording continuance charge shall added for each additional three (3) month period. (Department of Planning Services) 4. The Department of Planning Services respectfully requests a digital copy of this Use by Special Review, as appropriate. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles or ArcGIS Personal GeoDataBase (MDB).. The preferred format for Images is .tif (Group 4). (Group 6 is not acceptable). This digital file may be sent to mapsaco.weld.co.us. (Department of Planning Services) 5. The Use by Special Review activity shall not occur, nor shall any building or electrical permits be issued on the property, until the Use by Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder or the applicant has been approved for an early release agreement. (Department of Planning Services) USR14-0037 DEFOE,Page 6 of 10 SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Rodney&Tammy DeFoe DeFoe Roofing Company USR14-0037 1. A Site Specific Development Plan and Use by Special Review Permit for a Home Business (Defoe's Roofing Company) and for accessory buildings with gross floor area larger than four percent (4%) of the total lot area per building on lots in an approved or recorded subdivision plat or lots part of a map or plan field prior to adoption of any regulations controlling subdivisions in the A (Agricultural) Zone District, subject to the Development Standards stated hereon. (Department of Planning Services) 2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County Code. (Department of Planning Services) 3. The property shall maintain compliance with the Home Business definition as an incidental use to the principal permitted use for gainful employment of the family residing on the property, where such use is conducted primarily within a dwelling unit or accessory structure and principally carried on by the family resident therein; such use is clearly incidental and secondary to the principal permitted use and shall not change the character thereof. 4. The hours of operation are 6:00 a.m. — 10:00 p.m. Monday—Saturday, as stated by the applicant(s). (Department of Planning Services) 5. The parking on the site shall be maintained in accordance with the approved Parking Plan. (Department of Planning Services) 6. The signage on the site shall be maintained in accordance with the approved Signage Plan. (Department of Planning Services) 7. The lighting on the site shall be maintained in accordance with the approved Lighting Plan. (Department of Planning Services) 8. The screening on the site shall be maintained in accordance with the approved Screening Plan. (Department of Planning Services) 9. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, Section 30-20-100.5, C.R.S.) shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. (Department of Public Health and Environment) 10. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites and Facilities Act, Section 30-20-100.5, C.R.S. (Department of Public Health and Environment) 11. Waste materials shall be handled, stored, and disposed of in a manner that controls fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance conditions. The applicant shall operate in accordance with the approved Waste Handling Plan, at all times. (Department of Public Health and Environment) 12. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The facility shall be operated in accordance with the approved Dust Abatement Plan, at all times. (Department of Public Health and Environment) 13. This facility shall adhere to the maximum permissible noise levels allowed in the Non-Specified Zone District, as delineated in Section 14-9-30 of the Weld County Code. (Department of Public Health and Environment) USR14-0037 DEFOE,Page 7 of 10 14. Any septic system located on the property must comply with all provisions of the Weld County Code, pertaining to Onsite Water Treatment Systems. (Department of Public Health and Environment) 15. In the event the existing septic system is utilized for business use, the septic system shall be reviewed by a Colorado registered professional engineer if the usage surpasses septic permit G- 19870053 sizing limitations. The review shall consist of observation of the system and a technical review describing the system's ability to handle the proposed hydraulic load. The review shall be submitted to the Environmental Health Services Division of the Weld County Department of Public Health and Environment. In the event the system is found to be inadequately sized or constructed, the system shall be brought into compliance with current regulations. (Department of Public Health and Environment) 16. The operation shall comply with all applicable rules and regulations of the State and Federal agencies and the Weld County Code. (Department of Public Health and Environment) 17. Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties where such would cause a nuisance or interfere with the use on the adjacent properties in accordance with the plan. Neither the direct, nor reflected, light from any light source may create a traffic hazard to operators of motor vehicles on public or private streets. No colored lights may be used which may be confused with, or construed as, traffic control devices. (Department of Planning Services) 18. The screening/landscaping/parking/signage/lighting on the site shall be maintained in accordance with the approved Screening/Landscaping/Parking/Signage/Lighting Plans. (Department of Planning Services) 19. Should noxious weeds exist on the property, or become established as a result of the proposed development, the applicant/landowner shall be responsible for controlling the noxious weeds, pursuant to Chapter 15, Articles I and II, of the Weld County Code. (Department of Public Works) 20. The historical flow patterns and runoff amounts will be maintained on the site. (Department of Public Works) 21. Weld County is not responsible for the maintenance of onsite drainage related features. (Department of Public Works) 22. This site is located in a State Designated, Municipal Separate Storm Sewer System (MS4) Area which may trigger specific water quality requirements or other drainage improvements if the lot develops further. (Department of Public Works) 23. There shall be no parking or staging of vehicles on County roads. On-site parking shall be utilized. (Department of Public Works) 24. Building permits may be required, per Section 29-3-10 of the Weld County Code. Currently, the following have been adopted by Weld County: 2012 International Codes, 2006 International Energy Code, and 2011 National Electrical Code. A Building Permit Application must be completed and two (2) complete sets of engineered plans bearing the wet stamp of a Colorado registered architect or engineer must be submitted for review. (Department of Building Inspection) 25. A Commercial building and electrical permit will be required, per Section 29-3-10 of the Weld County Code, for any new structures, additions or renovation to any structures. (Department of Building Inspection) 26. The property owner or operator shall be responsible for complying with the Design and Operation Standards of Chapter 23 of the Weld County Code. USR14-0037 DEFOE,Page 8 of 10 27. Necessary personnel from the Weld County Departments of Planning Services, Public Works, and Public Health and Environment 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 Conditions of Approval and Development Standards stated herein and all applicable Weld County regulations. 28. The Use by 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 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. 29. 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. 30. WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive agricultural counties in the United States, typically ranking in the top ten counties in the country in total market value of agricultural products sold. The rural areas of Weld County may be open and spacious, but they are intensively used for agriculture. Persons moving into a rural area must recognize and accept there are drawbacks, including conflicts with long-standing agricultural practices and a lower level of services than in town. Along with the drawbacks come the incentives which attract urban dwellers to relocate to rural areas: open views, spaciousness, wildlife, lack of city noise and congestion, and the rural atmosphere and way of life. Without neighboring farms, those features which attract urban dwellers to rural Weld County would quickly be gone forever. Agricultural users of the land should not be expected to change their long-established agricultural practices to accommodate the intrusions of urban users into a rural area. Well-run agricultural activities will generate off-site impacts, including noise from tractors and equipment; slow-moving farm vehicles on rural roads; dust from animal pens, field work, harvest and gravel roads; odor from animal confinement, silage and manure; smoke from ditch burning; flies and mosquitoes; hunting and trapping activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and fertilizers in the fields, including the use of aerial spraying. It is common practice for agricultural producers to utilize an accumulation of agricultural machinery and supplies to assist in their agricultural operations. A concentration of miscellaneous agricultural materials often produces a visual disparity between rural and urban areas of the County. Section 35-3.5-102, C.R.S., provides that an agricultural operation shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that are commonly or reasonably associated with agricultural production. Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to assume that ditches and reservoirs may simply be moved "out of the way" of residential development. When moving to the County, property owners and residents must realize they cannot take water from irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water. Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice the size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of state and county roads outside of municipalities. The sheer magnitude of the area to be served stretches available resources. Law enforcement is based on responses to complaints more than on patrols of the County, and the distances which must be traveled may delay all emergency responses, including law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must leave their jobs and families to respond to emergencies. County gravel roads, no matter how often they are bladed, will not provide the same kind of surface expected from a paved road. Snow removal priorities mean that roads from subdivisions to arterials may not be cleared for several days after a major snowstorm. Services in rural areas, in many cases, will not be equivalent to municipal services. Rural dwellers must, by necessity, be more self-sufficient than urban dwellers. USR14-0037 DEFOE,Page 9 of 10 People are exposed to different hazards in the County than in an urban or suburban setting. Farm equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center pivot operations, high speed traffic, sandburs, puncture vines, territorial farm dogs and livestock, and open burning present real threats. Controlling children's activities is important, not only for their safety, but also for the protection of the farmer's livelihood. USR14-0037 DEFOE,Page 10 of 10 H N DEPARTMENT OF PLANNING SERVICES a $6i 1555 N 17th AVE GREELEY, CO 80631 WEBSITE: www.co.weld.co.us E-MAIL: kogle@co.weld.co.us �f PHONE: (970) 353-6100, Ext. 3549 p ` - i FAX: (970)304-6498 r � August 26, 2014 DE FOE RODNEY V 15814 GOOD AVE FORT LUPTON, CO 806214609 Subject: USR14-0037 - A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT FOR A HOME BUSINESS (DEFOE'S ROOFING COMPANY) AND FOR ACCESSORY BUILDINGS WITH GROSS FLOOR AREA LARGER THAN FOUR PERCENT (4%) OF THE TOTAL LOT AREA PER BUILDING ON LOTS IN AN APPROVED OR RECORDED SUBDIVISION PLAT OR LOTS PART OF A MAP OR PLAN FIELD PRIOR TO ADOPTION OF ANY REGULATIONS CONTROLLING SUBDIVISIONS IN THE A(AGRICULTURAL)ZONE DISTRICT On parcel(s)of land described as: LOT 3 BLOCK 62 2ND ARISTOCRAT RANCHETTES; BEING PART OF SECTION 27, T2N, R66W OF THE 6TH P.M.. WELD COUNTY. COLORADO. Dear Applicants: I have scheduled a meeting with the Weld County Planning Commission on September 16, 2014, at 1:30 p.m. A subsequent hearing with the Board of County Commissioners will be held on October 1, 2014 at 10:00 a.m. Both hearings will be held in the Hearing Room, Weld County Administration Building, 1150 O Street, Greeley, Colorado. It is recommended that you and/or a representative be in attendance to answer any questions the Planning Commission members or Board of County Commissioners may have. Colorado Revised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01-1088) requires notification of all mineral estate owners 30 days prior to any public hearing. The applicant needs to provide the Weld County Planning Department with written certification indicating the above requirement has been met. 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 and will be included in the staff report one week prior to the scheduled Planning Commission hearing. You may view the staff report at www.weldcountyplanningcases.orq If you have any questions concerning this matter, please call. Respectfully. Digitally signed by Kristine Ranslem Mason:I am the author of this document Date:2014.08.26 09:28:13-06'00' Kim Ogle Planner N DEPARTMENT OF PLANNING SERVICES "••••• Lia ti 1555 N 17th AVE j ' r ^ GREELEY, CO 80631 WEBSITE: www.co.weld.co.us � E-MAIL: kogle@co.weld.co.us iri_ r. PHONE: (970)353-6100, Ext. 3549 ti ' FAX: (970)304-6498 July 10, 2014 DE FOE RODNEY V 15814 GOOD AVE FORT LUPTON, CO 806214609 Subject: USR14-0037 - A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT FOR USES SIMILAR TO USES LISTED IN SECTION 23-3-40 AS USES BY SPECIAL REVIEW AS LONG AS THE USE COMPLIES WITH THE GENERAL INTENT OF THE A (AGRICULTURAL) ZONE DISTRICT (DEFOELS ROOFING COMPANY) AND FOR ACCESSORY BUILDINGS WITH GROSS FLOOR AREA LARGER THAN FOUR PERCENT (4%) OF THE TOTAL LOT AREA PER BUILDING ON LOTS IN AN APPROVED OR RECORDED SUBDIVISION PLAT OR LOTS PART OF A MAP OR PLAN FIELD PRIOR TO ADOPTION OF ANY REGULATIONS CONTROLLING SUBDIVISIONS IN THE A(AGRICULTURAL)ZONE DISTRICT On parcel(s)of land described as: LOT 3 BLOCK62 2ND ARISTOCRAT RANCHETTES; PART OF SECTION 27, T2N, R66W of the 6th P.M., Weld County, Colorado. Dear Applicants: Your application and related materials for the request described above are complete and in order at this time. I will schedule a meeting with you at the end of the review period to discuss the referral comments received by our office. It is the policy of Weld County to refer an application of this nature to any town or municipality lying within three miles of the property in question or if the property under consideration 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 following Planning Commission(s)for their review and comments: Fort Lupton at Phone Number 303-857-6694 Please call the listed Planning Commissions, for information regarding the date, time and place of the meeting and the review process. It is recommended that you and/or a representative be in attendance at each of the meetings described above in order to answer any questions that might arise with respect to your application. If you have any questions concerning this matter, please call. Respectfully Digitally signed by Kristine Ranslem Fuson:I am the author of thisdocument Date:2014.07.1014:44:10-06'00' Kim Ogle Planner FIELD CHECK Inspection Date: 8.27.2014 Case Number: USR14-0037 Applicant: Rodney and Tammy DeFoe Address: 15814 Good Avenue, Fort Lupton, Colorado Request: A Site Specific Development Plan and Use by Special Review Permit for a Home Business (Defoe's Roofing Company) and for accessory buildings with gross floor area larger than four percent (4%) of the total lot area per building on lots in an approved or recorded subdivision plat or lots part of a map or plan field prior to adoption of any regulations controlling subdivisions in the A(Agricultural) Zone District Legal Lot 3, Block 62 Aristocrat Ranchettes, 2rc Filing, being a part of SE4 of Section 27, Description: T2N, R65W of the 6th P.M., Weld County, CO Location: South of and Adjacent to Good Avenue and approximately 235 feet East of Hart Street Size of Parcel: 1.0 acres Net Parcel No. 1309-27-4-21-008 Zoning Land Use N AGRICULTURE N SINGLE FAMILY RESIDENTIAL E AGRICULTURE E SINGLE FAMILY RESIDENTIAL S AGRICULTURE S SINGLE FAMILY RESIDENTIAL W AGRICULTURE W FENCED VACANT LAND Comments: Property is south of the road on a slight rise in land form. There is a gravel access drive into the property and appears to be utilized by the adjacent property owner to the south. There is mature landscape treatment including trees, shrubs and gasses. In addition to the single family residence there is a trailer and two fifth wheels. Areas of the yard appear to be fenced, perhaps utilized as a corral in earlier days. No violations identified from vantage point in county right-of way g4ti� l re o House(s) o Access to Property ❑ Good Site Distance o Mobile Home(s) Note any commercial business/commercial vehicles that are operating from the site. Defoe roofing operates from the property Hello