HomeMy WebLinkAbout20132511.tiffSPECIAL REVIEW PERMI
ADMINISTRATIVE REVIEW
Planner: Tiffane Johnson
Case Number: USR13-0027 Hearing Date: August 20, 2013
Applicant: Louis Goldsby do Scott Carr
Site Address: 13831 CR 22, Fort Lupton, CO 80621
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 (utility installation! excavation
services and storage of related construction materials) 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 Description:
Lot A of Corrected Recorded Exemption No. 13098-4-RE2921 being part of the
East Half of the Southeast Quarter of Section 8, Township 2 North, Range 66
West of the 6`h P., Weld County Colorado.
Location: North and adjacent to CR 22 and approximately 0.75 miles east of Highway 85.
Size of Parcel: ± 10.225 acres
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 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 utilize a portion of the 10.25 acre parcel for his construction
business. The application includes one existing shop, five storage trailers, two semi -
tractors, one tandem, three trailers and proposed screened yard area for construction
material and supporting utility and excavation equipment including but not limited to items
such as pipe, pipe fittings, tandem box, excavator bucket etc). Four employees are
proposed. The applicant has indicated they will provide a portable toilets and bottled
water until evidence can be provided to the Department of Planning Services that the
totalizing flow meter required for commercial well permit 74473-F has been installed.
Section 22-2-100.C - C. Goal 3 states, "All new commercial development should pay its
own way."
USR13-0027, Louis Goldsby, Page 2
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 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 application includes one existing shop, five storage trailers, two semi -tractors, one
tandem, three trailers and proposed screened yard area for construction material and
supporting utility and excavation equipment including but not limited to items such as
pipe, pipe fittings, tandem box, excavator bucket etc). The application materials and site
plan indicate that the employee parking and commercial vehicle parking will be behind an
earthen berm located between CR 22 and the existing shop. This property is sporadically
screened with existing native landscaping. The proposed yard (outdoor storage) will be
behind a fence. The existing landscaping, earthen berm and screen fencing, 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 Districts (utility installation/ excavation services and storage of
related construction materials) 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 (ZCV12-00211). This violation was initiated due to
the repeated operation of a commercial trucking business 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 but one (1) commercial vehicle shall
be removed from the property within thirty (30) days of 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 adjacent properties are mainly utilized for pastures, crops, and rural residences.
The nearest residence that is not owned by the applicant is located approximately 95 feet
from the west line of the property and west of existing shop. The next closest property is
directly south of CR 22 approximately 400 feet east of the existing shop. There are eight
Use by Special Reviews within 3 miles of the subject property along CR 22 including a
SUP-281(compressor station), USR-1746 (propane storage and service yard), USR-
1758 (oil and gas support facility), USR-1317 (vehicle parking and repair), AmUSR-1002
(natural gas processing), 2AmUSR-211(compressor station), USR-1353 (oil and gas
facility) and USR-1291 (oil and gas support facility).
The Weld County Department of Planning Services has received one email from a
surrounding property owner to the east. The landowner indicated that they have never
had a problem with the equipment stored on the property as it has been minimal and the
resident has always been considerate of their view to the west. However, they would
have an objection if it became storage for a lot more trucks and equipment or misc. items.
The surrounding property owner also indicated concerns about the property being sold
USR13-0027, Louis Goldsby, Page 3
and requested that the USR run with the applicant/owner and not the property ensuring
that it would return to the agricultural nature and not industrial/commercial as they feel
there are already to Use By Special Reviews on a much larger scale in the immediate
area.
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 and
located outside the existing Intergovernmental Agreement Area (IGA). The City of Fort
Lupton in their referral comments, dated June 6, 2013 that the property is outside of their
2007 Comprehensive Plan however, they would like to discuss the possibility of
annexation with property owner.
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 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 A of Corrected RE -2921 which was approved in 2003. The subject
property has improvements on it and is 10.881 acres in size and does not have irrigation
rights associated with it. The parcel is not large enough for conventional farming and
appears as if it has not been used as crop land for a number of 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.
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 provide the Department of Planning Services a statement of intent
clarifying if the 4 proposed employees will use of portable toilets and bottled water or if
the totalizing flow meter will be installed on the commercial well (Permit 74473-F)
allowing the business to use the existing well. If the well is to be used please also clarify
if portable toilets will still be used or if the existing septic system will be evaluated to
determine if it can support the addition load of the proposed employees. (Department of
Planning Services)
In the event the applicant intends to utilize the existing septic system at the home, for
USR13-0027, Louis Goldsby, Page 4
business use, the septic system shall be reviewed by a Colorado registered professional
engineer. 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. Alternately, a new septic system may be installed for business use.
Evidence of such shall be submitted, in writing, to the Weld County Department of
Planning Services. (Department of Public Health and Environment)
C. The applicant shall address the requirements of the Division of Water Resources, as
stated in the referral response dated May 21, 2013 if the applicant intends to use the
commercial well (Permit No. 74473-F). Written evidence of such shall be submitted to the
Weld County Department of Planning Services. (Department of Planning Services)
D. 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 Public Health and
Environment)
E. The plat shall be amended to delineate the following:
1. All sheets of the plat shall be labeled USR13-0027. (Department of Planning
Services)
3. The attached Development Standards. (Department of Planning Services)
4. The plat shall be prepared in accordance with Section 23-2-260.D of the Weld
County Code. (Department of Planning Services)
5. 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)
6. The plat shall delineate the approved Screening Plan. (Department of Planning
Services)
County Road 22 is designated on the Weld County Road Classification Plan as
an arterial road, which requires 140 feet of right-of-way at full build out. 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. These roads are maintained by Weld County.
(Department of Public Works)
Show the approved access(es) on the plat and label with the approved access
permit number (will be provided). (Department of Public Works)
USR13-0027, Louis Goldsby, Page 5
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)
4. 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)
5. 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)
USR13-0027, Louis Goldsby, Page 6
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
USR13-0027, Louis Goldsby
1. 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 (utility installation/ excavation services and storage of related construction
materials) 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 operation shall comply with all applicable rules and regulations of local, state and federal
agencies and the Weld County Code. (Department of Planning Services)
The number of employees per the application is four (4). Two employees are (Department of
Planning Services)
5. The number of commercial vehicles per the application is 6 (3 tractors and 3 trailers).
(Department of Planning Services)
The hours of operation as stated per the application are 6:00 am — 6:00 pm. daily. (Department of
Planning Services)
7. 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)
8. 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)
9. 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.
(Department of Public Health and Environment) The applicant shall operate in accordance with
the approved Waste Handling Plan, at all times. (Department of Public Health and Environment)
10. 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)
11. 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)
12. Adequate drinking, hand washing 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 and Environment)
USR13-0027, Louis Goldsby, Page 7
13. 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 and Environment)
14. 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
and Environment)
15. The operation shall comply with all applicable rules and regulations of State and Federal
agencies and the Weld County Code. (Department of Public Health and Environment)
14. 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)
15. The screening on the site shall be maintained in accordance with the approved Screening Plan.
(Department of Planning Services)
16. 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)
17. The historical flow patterns and runoff amounts will be maintained on the site. (Department of
Public Works)
18. Weld County is not responsible for the maintenance of onsite drainage related features.
(Department of Public Works)
19. There shall be no parking or staging of vehicles on County roads. On -site parking shall be
utilized. (Department of Public Works)
20. Building permit may be required, per Section 29-3-10 of the Weld County Code. Currently the
following has been adopted by Weld County: 2012 International Codes; 2006 International
Energy Code; 2011 National Electrical Code; A building permit application must be completed
and two complete sets of engineered plans bearing the wet stamp of a Colorado registered
architect or engineer must be submitted for review. A geotechnical engineering report performed
by a registered State of Colorado engineer shall be required or a open hole inspection.
21. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code.
22. 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.
23. 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
USR13-0027, Louis Goldsby, Page 8
changes from the plans or Development Standards are permitted. Any other changes shall be
filed in the office of the Department of Planning Services.
24. The property owner or operator shall be responsible for complying with all of the foregoing
Development Standards. Noncompliance with any of the foregoing Development Standards may
be reason for revocation of the Permit by the Board of County Commissioners.
25. 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.
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.
USR13-0027, Louis Goldsby, Page 9
July 24, 2013
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.co.weld.co.us
E-MAIL: tvjohnson@co.weld.co.us
PHONE: (970) 353-6100, Ext. 3527
FAX: (970) 304-6498
CARR SCOTT
13831 CR 22
FORT LUPTON, CO 80621
Subject: USR13-0027 - A SITE SPECIFIC DEVELOPMENT PLAN AND 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, (UTILITY INSTALLATION/
EXCAVATION SERVICES AND STORAGE OF RELATED CONSTRUCTION MATERIALS) 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:
LOT A CORR REC EXEMPT RE -2921; PART E2SE4 SECTION 8, T2N, R66W of the 6th P.M., Weld
County, Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on August 20, 2013, at 1:30
p.m. A subsequent hearing with the Board of County Commissioners will be held on September 11,
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
wwvv.weldcountyplanningcases.orq
If you have any questions concerning this matter, please call.
Respectfully,
Digitally signed by Kristine Ranslem
Reason: I am the author of this document
Date: 2013.07.24 09:03:40 -06'00'
Tiffane Johnson
Planner
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.co.weld.co.us
E-MAIL: tvjohnson@co.weld.co.us
PHONE: (970) 353-6100, Ext. 3527
FAX: (970) 304-6498
May 14, 2013
CARR SCOTT
13831 CR 22
FORT LUPTON, CO 80621
Subject: USR13-0027 - A SITE SPECIFIC DEVELOPMENT PLAN AND 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, (UTILITY INSTALLATION/
EXCAVATION SERVICES AND STORAGE OF RELATED CONSTRUCTION MATERIALS) 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 E2SE4 SECTION 8, T2N, R66W LOT A CORR REC EXEMPT RE -2921 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
Reason: I am the author of this document
Date: 2013.05.14 10:38:47 -06'00'
Tiffane Johnson
Planner
Planner:
Case Number:
Applicant:
Site Address:
Request:
Legal Description:
LAND USE APPLICATION
Tiffane Johnson
USR13-0027
Louis Goldsby do Scott Carr
13831 CR 22, Fort Lupton, CO 80621
Hearing Date: August 20, 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 (utility installation! excavation
services and storage of related construction materials) 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 A of Corrected Recorded Exemption No. 1309-8-4-RE2921 being part of the
East Half of the Southeast Quarter of Section 8, Township 2 North, Range 66
West of the 6`h P.M., Weld County Colorado.
Location: North and adjacent to CR 22 and approximately 0.75 miles east of Highway 85.
Size of Parcel: ± 10.225 acres
Parcel Number: 1309-08-0-00-016
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 responses from the following agencies:
Without Comments:
Colorado Parks and Wildlife, referral dated June 4, 2013
Platteville/Gilcrest Fire District, referral dated May 20, 2013
Weld County School District RE -8, referral dated May 16, 2013
With Comments:
State of Colorado, Division of Water Resources, referral dated May 21, 2013
Weld County Department of Public Health and Environment, referral dated June 10, 2013
Weld County Department of Public Works, referral dated June 7, 2013
Weld County Zoning Compliance, referral dated May 3, 2013
City of Fort Lupton, referral dated 6/12/2013
V V V
The following agencies have not responded:
i Platte Valley Soil Conservation District
Fulton Ditch Company
USR13-0027, Louis Goldsby, Page 1
FIELD CHECK
Inspection
Date:8/10/2013
Case Number: USR13-0027
Applicant: Louis Goldsby do Scott Carr
Request:
Legal
Description:
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 (utility installation/ excavation services and
storage of related construction materials) 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 A of Corrected Recorded Exemption No. 1309-8-4-RE2921 being part of
the East Half of the Southeast Quarter of Section 8, Township 2 North, Range
66 West of the 6th P.M., Weld County Colorado.
Location: North and adjacent to CR 22 and approximately 0.75 miles east of Highway 85.
Size of Parcel: +/- 10.225 acres
Parcel No. 1309-08-0-00-016
Zoning
Land Use
N
A (Agricultural)
N
Agricultural/Oil & Gas
E
A (Agricultural)
E
Agricultural/Oil & Gas
S
A (Agricultural)
S
Agricultural/Oil & Gas
W
A (Agricultural)
W
Rural Residential/Agricultural
COMMENTS:
The adjacent properties are mainly utilized for pastures, crops, rural residences and
gas support services in the area. The nearest residence that is not owned by the
approximately 95 feet from the west line of the property and west of existing shop
residence. The adjacent property to the north has oil/gas activity occurring directly
property and the residence is located to the north east
a number of oil and
applicant is located
and is a small rural
north of the subject
Tiffane Johnson, Planner
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