HomeMy WebLinkAbout20130951.tiffWELD___COUNTY
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LAND USE APPLICATION
SUMMARY SHEET
Planner: Diana Aungst Hearing Date: April 2, 2013
Case Number: USR13-0003
Applicant: Dennis Kessler
Request: A Site Specific Development Plan and Use by Special Review Permit for a Use
Permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the
Commercial or Industrial Zone Districts (Indoor and Outdoor Storage of Equipment for
a Construction and a Concrete Construction Business) provided that the property is not
a lot in an approved or recorded subdivision plat or lots parts of a map or plan filed prior
to adoption of any regulations controlling subdivisions in the A (Agricultural) Zone
District.
Legal Lot B Recorded Exemption RE -3758; Part SW4 Section 32, T6N, R67W of the 6th
Description: P.M., Weld County, CO
Location: North of and adjacent to County Road 62 (Crossroads Blvd) and east of and adjacent
to County Road 15
Size of Parcel: +/- 8.3 acres Parcel No. 0807-32-3-00-002
POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS
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:
Town of Windsor, referral dated February 12, 2013
Weld County Zoning Compliance, referral dated January 23, 2013
Weld County Department of Public Works, referral dated February 11, 2013
Weld County Department of Building Inspection, referral dated March 6, 2013
State of Colorado, Division of Water Resources, referral dated February 4, 2013
Weld County Department of Public Health and Environment, referral dated March 1, 2013
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
City of Greeley, referral dated February 21, 2013
Weld School District RE -4, referral dated January 31, 2013
Windsor/Severance Fire Rescue, referral dated January 23, 2013
Northern Colorado Water Conservancy District, referral dated January 23, 2013
The Department of Planning Services' staff has not received responses from the following agencies:
i
Larimer County Planning
City of Greeley Water District
Weld County Sheriffs Office
Colorado Division of Parks and Wildlife
West Greeley Soil Conservation District
USR13-0003. Page 1 of 11
WELD COUNTY
u
Planner:
Case Number:
Applicant:
Request:
Legal
Description: P.M., Weld County, CO
Diana Aungst
USR13-0003
Dennis Kessler
SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
Hearing Date: April 2, 2013
A Site Specific Development Plan and Use by Special Review Permit for a Use
Permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the
Commercial or Industrial Zone Districts (Indoor and Outdoor Storage of Equipment for
a Construction and a Concrete Construction Business) provided that the property is not
a lot in an approved or recorded subdivision plat or lots parts of a map or plan filed prior
to adoption of any regulations controlling subdivisions in the A (Agricultural) Zone
District.
Lot B Recorded Exemption RE -3758; Part SW4 Section 32, T6N, R67W of the 6th
Location: North of and adjacent to County Road 62 (Crossroads Blvd) and east of and adjacent
to County Road 15
Size of Parcel: +/- 8.3 acres Parcel No. 0807-32-3-00-002
Description of Use:
The applicant is requesting approval of a special use permit for a construction business and a concrete
construction business. The applicant has built two buildings on the property and also has two cargo
containers on site. The items to be stored in the buildings are tools, shovels, wheelbarrows, compactors,
nails, saws, skidster, etc. The application materials indicated that the outdoor storage will be screened
with a six (6) foot metal privacy fence.
DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE
APPROVED FOR THE FOLLOWING REASONS:
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:
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."
The applicant is proposing to have two buildings on the -8 acre parcel and to store
equipment for his construction business in these two buildings and to screen any outdoor
storage with a six (6) foot metal fence.
USR13-0003. Page 2 of 11
Section 22-2-100.C - C. Goal 3 states, 'All new commercial development should pay its own
way."
The applicant will be responsible for covering all costs for all on -site and any applicable off -
site improvements associated with this use, as required through the Improvements
Agreement and Conditions of Approval.
Section 22-2-100.E. - C.Goal 5. states "Minimize the incompatibilities that occur between
commercial uses and surrounding properties."
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 improvements on the property consist of two buildings and two cargo containers. The
items to be stored in the buildings are tools, shovels, wheelbarrows, compactors, nails,
saws, skidster, etc. The application materials indicate that the storage of tools will be
contained inside the buildings or screened behind a six (6) foot metal privacy fence. The six
(6) foot metal fence and proposed landscaping, along with the Development Standards and
the other Conditions of Approval, will assist in mitigating the impacts of the facility on the
adjacent properties.
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.S. of the Weld County Code allows for, A Site Specific
Development Plan and Use by Special Review Permit for a Use Permitted as a Use by
Right, an Accessory Use, or a Use by Special Review in the Commercial or Industrial Zone
Districts (Indoor and Outdoor Storage of Equipment for a Construction and a Concrete
Construction Business) provided that the property is not a lot in an approved or recorded
subdivision plat or lots parts of a map or plan filed prior to adoption of any regulations
controlling subdivisions in the A (Agricultural) Zone District.
Currently the property is in violation (ZCV12-00202). This violation was initiated due to the
operation of a construction business and associated storage of vehicles and equipment
without first completing the necessary Weld County Zoning Permits. If this application is
approved and a plat is recorded this violation will be closed. If denied, all commercial
operation and storage of commercial vehicles and/or equipment shall be removed from the
property within thirty days of the denial or the violation will proceed in court accordingly.
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 adjacent to the Town of Windsor's Corporate Limits. The adjacent properties are
mainly utilized for pastures, crops, and rural residences. The nearest residence that is not
owned by the applicant is located approximately 215 feet southwest from the southwest
corner of the property and across County Road 62 (Crossroads Blvd). The Weld County
Department of Planning Services has received one letter from a surrounding property owner.
The letter states that since the applicant is proposing outdoor storage that the project is not
consistent with the development proposed to the west (Water Valley West), the Windsor
Comprehensive Plan, or the future plans to connect 'O' Street to Crossroads Blvd. Currently
the property to the west is vacant land, the uses shown on the plan for the property adjacent
to the subject property is an 89.7 acre private park with uses such as an amphitheater,
equestrian center and sports facility. The applicant is proposing to screen any outdoor
storage with a six (6) foot metal fence and landscaping.
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.
USR13-0003. Page 3 of 11
The site is located within the three (3) mile referral area of the City of Greeley and the Town
of Windsor. The City of Greeley in their referral dated February 21, 2013 stated that the site
is in the Urban Growth Boundary for Windsor and therefore they did not have any concerns
with this project.
The Town of Windsor in their referral dated February 12, 2013 stated that:
The [Windsor] Planning Commission voted to request that the Planning Department forward
the following comments to Weld County for their consideration:
1 It does not appear that the site plan accurately depicts improvements on the property.
As an example, the driveway on the west side of the property is not shown on the site
plan.
2. The proposed use is inconsistent with the Windsor Land Use Map designation of E-2
(High Density Estate Residential).
3. Planning Commission does not recommend annexation at this time because Town of
Windsor water and sewer is not in the vicinity of the site.
4. The applicant has proposed adding three trees to the site for additional screening.
The Planning Commission recommends additional landscaping to reduce the impacts
of the large fenced area, and the opening in the fence.
The applicant is proposing to screen any outdoor storage with a six (6) foot metal fence and
landscaping.
E. Section 23-2-220.A.5 -- The application complies with Article V of the Weld County Code.
The existing site is within the County Road Impact Fee Area and the Capital Expansion
Impact Fee and Drainage Impact Fee areas.
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 Program.
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 soils designated as "Prime (Irrigated)" per the 1979 Soil
Conservation Service Important Farmlands of Weld County Map. The proposed USR is
located on Lot B of RE -3758 which was approved in 2004. The subject property has
improvements on it and is 8.3 acres in size. It appears as if it has not been used as crop
land for the last few years and therefore this USR will not take any Prime (Irrigated)
Farmland 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:
USR13-0003. Page 4 of 11
A. The applicant shall enter into a Private Improvements Agreement According to Policy
Regarding Collateral for Improvements and post adequate collateral for all transportation
(access drive, parking areas, et cetera) and non -transportation (fencing, screening, drainage
et cetera). The agreement and form of collateral shall be reviewed by County Staff and
accepted by the Board of County Commissioners prior to recording the USR plat. The
applicant may submit evidence that all the work has been completed and reviewed by the
Departments of Planning Services and Public Works. (Department of Planning Services)
B. The applicant shall submit a Parking Plan to the Department of Planning Services for review
and approval. (Department of Planning Services)
1) The applicant shall comply with Appendix 23-B of the Weld County Code and the
Section 208 of the 2010 Americans with Disability Act and provide an adequate
number of parking spaces. The applicant shall provide 1 parking space per every two
employees (10 proposed) and 1 parking space for every 1,000 square feet of
warehouse space (-6,000 proposed) for a total of 11 parking spaces. One of the 11
parking spaces shall meet the requirements of ADA. Further, the applicant shall
delineate curb stops for the parking spaces shown on the Use by Special Review plat.
(Department of Planning Services)
2) The applicant shall adhere to the ADA standards for the subject property at all times.
Non-ambulatory/ambulatory parking spaces shall be identified and shown on the plat.
The ADA parking spaces must be the closest possible to the entrance. Signage will
be required. Curb cuts, ramps, and other methods of providing accessibility shall be
required to reasonably attempt to meet the requirements of the ADA standards.
(Department of Planning Services)
C. The applicant shall submit a Lighting Plan to the Department of Planning Services for review
and approval. (Department of Planning Services)
D. Signs shall be in compliance with Chapter 23, 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 address the requirements (concerns) of the Weld County Department of
Building Inspection, as stated in the referral response dated March 6, 2013. Evidence of
such shall be submitted, in writing, to the Weld County Department of Planning Services.
(Department of Building Inspection)
F. The applicant shall submit a dust abatement plan, detailing on site dust control measures,
for review and approval, to the Environmental Health Services, Weld County Department of
Public Health & Environment. (Department of Public Health & Environment)
G. The plat shall be amended to delineate the following:
1) All sheets of the plat shall be labeled USR13-0003. (Department of Planning Services)
2) The attached Development Standards. (Department of Planning Services)
3) The plat shall be prepared per Section 23-2-260.D of the Weld County Code.
(Department of Planning Services)
4) The applicant shall delineate the trash collection areas. Section 23-3-350.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 Parking Plan. (Department of Planning Services)
6) The approved Landscape/Screening Plan. (Department of Planning Services)
USR13-0003. Page 5 of 11
7) The approved Signage Plan, as applicable. (Department of Planning Services)
8) The approved Lighting Plan, as applicable. (Department of Planning Services)
9) County Road 62 (Crossroads Blvd) is designated on the Weld County Road
Classification Plan as an arterial roadway, which requires 140 feet of right-of-way at
full build out. The applicant shall verify the existing 60 feet of right-of-way and the
documents creating the right-of-way and this information shall be noted on the plat. All
setbacks shall be measured from the edge of future right-of-way which is 70 feet from
the center line of Crossroads Blvd. This future right-of-way shall be indicated on the
plat. If the existing right-of-way cannot be verified, it shall be dedicated. This road is
maintained by Weld County. (Department of Public Works)
10) The east side County Road 15 Section Line has 30 feet of unmaintained County line
right-of-way. The applicant shall verify the existing 30 feet of right-of-way and the
documents creating the right-of-way and this information shall be noted on the plat. All
setbacks shall be measured from the edge of right-of-way. (Department of Public
Works)
11) Show the existing access point on the Plat and label it with the Access Permit number
(will be provided). (Department of Public Works)
12) Delineate the water quality feature(s) on the plat and label as "No Build/Storage Area".
Label the volume and dimensions of the water quality feature(s) on the plat.
(Department of Public Works)
13) Show a 45 foot radius on the map for access onto County Road 62 to accommodate
commercial/truck traffic. (Department of Public Works)
14) Show areas of gravel, paving, or recycled concrete/asphalt, identify parking areas.
(Department of Public Works)
15) Show on the map the type of right-of-way/easement and indicate whether it is
dedicated, private, or deeded to provide adequate access to the parcel. (Department
of Public Works)
2. Upon completion of Condition of Approval #1 above, the applicant shall submit three (3) paper
copies or one (1) electronic copy (.pdf) of the plat for preliminary approval to the Weld County
Department of Planning Services. Upon approval of the plat the applicant shall submit a Mylar
plat along with all other documentation required as Conditions of Approval. The Mylar plat shall
be recorded in the office of the Weld County Clerk and Recorder by the Department of Planning
Services. The plat shall be prepared in accordance with the requirements of Section 23-2-260.D
of the Weld County Code. The Mylar plat 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
senttomaps@co.weld.co.us. (Department of Planning Services)
USR13-0003. Page 6 of 11
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. (Department of Planning Services)
USR13-0003. Page 7 of 11
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
USR13-0003
1. A Site Specific Development Plan and Use by Special Review Permit USR13-0003 is for a Use
Permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the Commercial
or Industrial Zone Districts (Indoor and Outdoor Storage of Equipment for a Construction and a
Concrete Construction Business) provided that the property is not a lot in an approved or
recorded subdivision plat or lots parts of a map or plan filed prior to adoption of any regulations
controlling subdivisions in the A (Agricultural) Zone District. (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 number of on -site employees shall be limited to 10, as stated in the application materials.
(Department of Planning Services)
4. The hours of operations shall be limited to 7:00 a.m. to 5:00 p.m. Monday thru Friday and 7:00
a.m. to 12:00 p.m. (noon) on Saturday, as stated in the application materials. (Department of
Planning Services)
5. All signs, if any, shall be in compliance with the Weld County Code. (Department of Planning
Services)
6. The landscaping, screening, and sign(s) on site shall be maintained in accordance with the
approved Landscape/Screening/Sign Plans. (Department of Planning Services)
7. If 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)
Off-street parking spaces and internal drive isles shall be surfaced with gravel, asphalt, recycled
asphalt base, concrete or the equivalent and shall be graded to prevent drainage problems.
(Department of Public Works)
9. The historical flow patterns and run-off amounts will be maintained on site in such a manner that
it will reasonably preserve the natural character of the area and prevent property damage of the
type generally attributed to run-off rate and velocity increases, diversions, concentration and/or
unplanned ponding of storm run-off. (Department of Public Works)
10. The applicant must take into consideration storm water quality and provide accordingly for best
management practices. (Department of Public Works)
11. Weld County is not responsible for the maintenance of drainage related features. This must be
addressed by the homeowner's association or owner. (Department of Public Works)
12. 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 &
Environment)
13. 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, 30-20-100.5, C.R.S., as amended. (Department of Public
Health & Environment)
USR13-0003. Page 8 of 11
14. 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 & Environment)
15. 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 & Environment)
16. This facility shall adhere to the maximum permissible noise levels allowed in the Non -specified
Zone as delineated in Section 14-9-30 of the Weld County Code. (Department of Public Health &
Environment)
17. Any septic system located on the property must comply with all provisions of the Weld County
Code, pertaining to Individual Sewage Disposal Systems. (Department of Public Health &
Environment)
18. Adequate drinking, handwashing and toilet facilities shall be provided for employees and patrons
of the facility, at all times. As employees or contractors are on site for less than 2 consecutive
hours a day portable toilets and bottled water are acceptable. Records of maintenance and
proper disposal for portable toilets shall be retained on a quarterly basis and available for review
by the Weld County Department of Public Health and Environment. Portable toilets shall be
serviced by a cleaner licensed in Weld County and shall contain hand sanitizers. (Department of
Public Health & Environment)
19. A Colorado Discharge Permit System or CDPS permit from the Colorado Department of Public
Health and Environment (CDPH&E), Water Quality Control Division shall be obtained, as
applicable. (Department of Public Health & Environment)
20. All potentially hazardous chemicals must be handled in a safe manner in accordance with product
labeling and in a manner that minimizes the release of hazardous air pollutants (HAP's) and
volatile organic compounds (VOC's). All chemicals must be stored secure, on an impervious
surface, and in accordance with manufacturer's recommendations. (Department of Public Health
& Environment)
21. 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 & Environment)
22. 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; and
Neither direct nor reflected light from any light source may create a traffic hazard to operators of
motor vehicles on public or private streets and no colored lights may be used which may be
confused with or construed as traffic control devices. (Department of Planning Services)
23. Building Permits issued on the proposed lots will be required to adhere to the fee structure of the
County -Wide Road Impact Fee Program. (Ordinance 2011-2)
24. Building Permits issued on the lot, will be required to adhere to the fee structure of the County
Facility Fee and Drainage Impact Fee Programs. (Ordinance 2011-2)
25. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, of the Weld County Code.
26. The property owner or operator shall be responsible for complying with the Operation Standards
of Section 23-2-250, of the Weld County Code.
USR13-0003. Page 9 of 11
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.
USR13-0003, Page 10 of 11
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, sand burs, 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. (Department of
Planning Services)
USR13-0003, Page 11 of 11
March 04, 2013
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.co.weld.co.us
E-MAIL: daungst@co.weld.co.us
PHONE: (970) 353-6100, Ext. 3524
FAX: (970) 304-6498
KESSLER DENNIS E
1255 W 140TH DR
WESTMINSTER, CO 80023
Subject: USR13-0003 - A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A USE PERMITTED AS A USE BY RIGHT, AN ACCESSORY USE, OR A USE BY
SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS (INDOOR AND
OUTDOOR STORAGE OF EQUIPMENT FOR A CONSTRUCTION AND A CONCRETE
CONSTRUCTION BUSINESS) PROVIDED THAT THE PROPERTY IS NOT A LOT IN AN APPROVED
OR RECORDED SUBDIVISION PLAT OR LOTS PARTS OF A MAP OR PLAN FILED PRIOR TO
ADOPTION OF ANY REGULATIONS CONTROLLING SUBDIVISIONS IN THE A (AGRICULTURAL)
ZONE DISTRICT.
On parcel(s) of land described as:
PT SW4 SECTION 32, T6N, R67W LOT B REC EXEMPT RE -3758 of the 6th P.M., Weld County,
Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on April 2, 2013, at 1:30 p.m.
A subsequent hearing with the Board of County Commissioners will be held on April 24, 2013 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
wwv.weldcountyplanningcases.orq
If you have any questions concerning this matter, please call.
Respectfully,
Diana Aungst
Planner
Digitally signed by Kristine Ranslem
Reason: lam the author of this document
Date: 2013.03.04 07.53-.24 10700'
Diana Aungst
From:
Sent:
To:
Subject:
Dennis Kessler [2denniskessler@gmail.com]
Friday, March 01, 2013 6:50 PM
Diana Aungst
Re: Division of Water Resources referral comments
Hi Diana, I received your e-mail_ I will contact DWR as soon as I get back I think I had stated before that I had
applied for a well permit but after I received it, I had Ingram Well Drilling come out and according to the water
basin geology in my area to get water there is like finding a needle in a haystack! So before spending thousands
and thousands of dollars and not find any water I let the permit expire. I did receive a letter from DWR when
my permit was close to expiration and replied at that time but I will do so again. Thanks Dennis
On Fri, Mar I, 2013 at 3.41 PM, Diana Aungst <daunesr'ir CO_vv eld.co.us> wrote:
Dennis:
Please find attached the comments from the Division of Water Resources (DWR). They are requesting that you
contact them to confirm that Well no. 262798 was not constructed so they may update their records.
This request will be a condition of approval on the staff report unless I hear from you before 3/25/13 to let me
know that you contacted the DWR. Please send me an email stating that you have or will contact the DWR to
address their concerns.
Thanks,
Diana Aungst
Planner I
Weld County Department of Planning Services
1555 N. 17th Avenue - Greeley, Colorado 80631
(>70-353-6 I00 ext. 3524
Fax: (970) 304-6498
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Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended
only for the person or entity to which it is addressed and may contain information that is privileged, confidential
or otherwise protected from disclosure. If you have received this communication in error, please immediately
notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the
taking of any action concerning the contents of this communication or any attachments by anyone other than the
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1
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.co.weld.co.us
E-MAIL: daungst@co.weld.co.us
PHONE: (970) 353-6100, Ext. 3524
FAX: (970) 304-6498
January 23, 2013
DENNIS KESSLER
1255 W 140TH DR
WESTMINSTER, CO 80023
Subject: USR13-0003 - A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A USE PERMITTED AS A USE BY RIGHT, AN ACCESSORY USE, OR A USE BY
SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS (INDOOR AND
OUTDOOR STORAGE OF EQUIPMENT FOR A CONSTRUCTION AND A CONCRETE
CONSTRUCTION BUSINESS) PROVIDED THAT THE PROPERTY IS NOT A LOT IN AN APPROVED
OR RECORDED SUBDIVISION PLAT OR LOTS PARTS OF A MAP OR PLAN FILED PRIOR TO
ADOPTION OF ANY REGULATIONS CONTROLLING SUBDIVISIONS IN THE A (AGRICULTURAL)
ZONE DISTRICT.
On parcel(s) of land described as:
PT SW4 SECTION 32, T6N, R67W LOT B REC EXEMPT RE -3758 of the 6th P.M., Weld County,
Colorado.
Dear Applicant:
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:
Greeley at Phone Number 970-350-9741
Windsor at Phone Number 970-674-2400
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, y
(a to -C
Diana Aungst
Planner
Digitally signed by Kristine Ranslem
Reason: I am the author of this document
Date: 2013.01.23 08:08:11 -07'00'
FIELD CHECK
Inspection Date: 3/19/13
Case Number: USR13-0003
Applicant: Dennis Kessler
Request: A Site Specific Development Plan and Use by Special Review Permit for a Use
Permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the
Commercial or Industrial Zone Districts (Indoor and Outdoor Storage of Equipment for
a Construction and a Concrete Construction Business) provided that the property is not
a lot in an approved or recorded subdivision plat or lots parts of a map or plan filed prior
to adoption of any regulations controlling subdivisions in the A (Agricultural) Zone
District.
Legal Lot B Recorded Exemption RE -3758; Part SW4 Section 32, T6N, R67W of the 6th
Description: P.M., Weld County, CO
Location: North of and adjacent to County Road 62 (Crossroads Blvd) and east of and adjacent
to County Road 15
Size of Parcel: +/- 8.3 acres
Parcel No. 0807-32-3-00-002
Zoning 1
Land Use
N
A (Agricultural)
N
Agricultural
E
A (Agricultural)
E
Agricultural / Rural Residential
S
A (Agricultural)
S
Agricultural
W
Municipal
W
Agricultural
COMMENTS:
The site is adjacent to the Town of Windsor's Corporate Limits. There are two buildings and 2 cargo unit
on the site. A six (6) foot fence screens the storage yard from Crossroads Blvd. The access off of
Crossroads has a gate. The nearest residence that is not owned by the applicant is located
approximately 215 feet southwest from the southwest corner of the property and across County Road 62
(Crossroads Blvd).
Diana Aungst, Planner
Hello