HomeMy WebLinkAbout20130643.tiffWELD___COUNTY
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LAND USE APPLICATION
SUMMARY SHEET
Planner: Diana Aungst Hearing Date: February 19, 2012
Case Number: USR12-0078
Applicant: Interra, LLC do Keith and Christina Roth
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 (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 A of Recorded Exemption RE -4275 being part of the SE4 of Section 32, T5N,
Description: R64W of the 6th P.M., Weld County, CO
Location: West and adjacent to County Road 53 and approximately 760 feet north of County
Road 50
Size of Parcel: +/- 2.21 acres Parcel No. 0963-32-4-00-015
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:
• Weld County Department of Public Works, referral dated January 18, 2013
Weld County Department of Building Inspection, referral dated January 22, 2013
• Northern Colorado Water Conservancy District, referral dated December 21, 2012
Weld County Department of Public Health and Environment, referral dated January 18, 2013
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
• Town of Kersey, referral dated December 27, 2012
• Platte Valley Fire Protection District, referral dated January 2, 2013
Weld County Zoning Compliance, referral dated December 20, 2012
• Platte Valley School District RE -7, referral dated December 27, 2012
• Colorado Division of Parks and Wildlife, referral dated December 31, 2012
• West Greeley Soil Conservation District, referral dated December 29, 2012
State of Colorado, Division of Water Resources, referral dated January 2, 2013
The Department of Planning Services' staff has not received responses from the following agencies:
• Weld County Sheriffs Office
• Central Weld County Water District
USR12-0078. Page 1 of 10
WELD COUNTY
u
Planner:
Case Number:
Applicant:
Request:
Legal
Description: R64W of the 6th P.M., Weld County, CO
SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
Diana Aungst
USR12-0078
James and Patricia Fox do Keith and Christina Roth
Hearing Date: February 19, 2012
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 (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 A of Recorded Exemption RE -4275 being part of the SE4 of Section 32, T5N,
Location: West and adjacent to County Road 53 and approximately 760 feet north of County
Road 50
Size of Parcel: +/- 2.21 acres Parcel No. 0963-32-4-00-015
Description of Use:
The applicant is requesting approval of a Special Use Permit for a construction business. The
construction business involves constructing post -frame buildings for agricultural, residential and
commercial markets and installing commercial overhead doors. According to the applicant materials the
applicant is proposing to build a storage building and an office. The storage building will be used
primarily to store construction materials, tools, equipment and supplies.
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."
Section 22-2-100.C - C. Goal 3 states, 'All new commercial development should pay its own
way."
USR12-0078. Page 2 of 10
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.Goa/ 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 applicant is proposing to build a storage building and an office on the site. The storage
building will be used primarily to store construction materials, tools, equipment and supplies.
The application materials state that there will be no outdoor storage. The Conditions of
Approval state that a screening plan is required. This screening, 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 Agricultural (A)
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 (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.
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 approximately one and three-quarter miles south of the Town of Kersey.
Adjacent properties are mainly utilized for pastures, crops, and rural residences. The
nearest residence is located approximately 300 feet north of the north property line. The
Weld County Department of Planning Services has received no comments/concerns from
the surrounding property owners. The Development Standards along with the Conditions of
Approval for this proposal will assist in mitigating the impacts of the facility on the adjacent
properties and attempt to ensure compatibility with surrounding land uses.
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 three miles of the Town of Kersey. The Town of Kersey in their
referral dated December 27, 2012 stated that they did not have any concerns with this USR.
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.
Effective April 25, 2011, Building Permits issued on the proposed lots will be required to
adhere to the fee structure of the Weld County Road Impact Program. (Ordinance 2011-2)
Effective April 25, 2011, Building Permits issued on the proposed lots, will be required to
adhere to the fee structure of the County Facility Fee and Drainage Impact Fee. (Ordinance
2011-2)
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.
USR12-0078. Page 3 of 10
The proposed facility is primarily located on soils designated as "Irrigated Land, Not Prime"
per the 1979 Soil Conservation Service Important Farmlands of Weld County Map. The
proposed 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 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 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
Department of Planning Services and the Department of Public Work. (Department of
Planning Services)
B. The applicant shall submit a Loading and 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 (15 proposed), 1 parking space for every 500 square feet of office space
(1500 proposed), and 1 parking space for every 1,000 square feet of warehouse
space (16,320 proposed) for a total of 28 parking spaces. Two of the 28 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 to the Department of Planning Services with a Lighting Plan for
review and approval. (Department of Planning Services)
D. 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)
E. 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)
F. The plat shall be amended to delineate the following:
USR12-0078. Page 4 of 10
1) All sheets of the plat shall be labeled USR12-0078. (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. states
that, "Areas used for storage or trash collection shall be screened from adjacent public
rights -of -way and adjacent properties. These areas shall be designed and used in a
manner that will prevent wind- or animal -scattered trash." (Department of Planning
Services)
5) The approved Loading and Parking Plan. (Department of Planning Services)
6) The approved Landscape/Screening Plan. (Department of Planning Services)
7) The approved Signage Plan. (Department of Planning Services)
8) The approved Lighting Plan. (Department of Planning Services)
9) County Road 53 is designated on the Weld County Road Classification Plan as a
collector road, which requires 80 -feet of right-of-way at full build out. The applicant
shall verify the existing 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. If the right-of-way cannot be verified, it shall be dedicated.
This road is maintained by Weld County. (Department of Public Works)
10) Show the approved access on the plat and label with the approved access permit
number (will be provided). (Department of Public Works)
11) Label the turning radiuses into the site. A minimum of 45 foot radiuses are required to
allow trucks with trailers to turn. (Department of Public Works)
2. Upon completion of 1. above the applicant shall submit three (3) paper copies of the plat or an
electronic copy of the plat for preliminary approval to the Weld County Department of Planning
Services. Upon approval of the paper copies 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 Department of Planning Services' Staff. 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. The Department of Planning Services respectively requests the surveyor provide a digital copy of
this Use by Special Review. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation);
acceptable GIS formats are ArcView shapefiles, Arclnfo Coverages and Arclnfo Export files
format type is .e00. The preferred format for Images is .tif (Group 4). (Group 6 is not acceptable).
This digital file may be sent to dhuerternco.weld.co.us. (Department of Planning Services)
4. Prior to issuance of the building permit:
a) A Commercial building permit will be required for all new construction. A building permit
application must be completed and two complete sets of plans including engineered
foundation 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. An electrical permit will be required if any site electrical
is installed. (Department of Building Inspection)
USR12-0078. Page 5 of 10
b) Buildings and structures shall conform to the requirements of the various codes adopted at
the time of permit application. Currently the following has been adopted by Weld County:
2012 International Building Code; 2012 International Mechanical Code; 2012 International
Plumbing Code: 2006 International Energy Code; 2012 International Fuel Gas Code; 2011
National Electrical Code; 2009 ANSI 117.1 Accessibility Code and Chapter 29 of the Weld
County Code. (Department of Building Inspection)
c) A plan review shall be approved and a permit must be issued prior to the start of construction.
(Department of Building Inspection)
5. Prior to issuance of the certificate of occupancy:
a) An individual sewage disposal system is required for the proposed facility and shall be
installed according to the Weld County Individual Sewage Disposal Regulations. The septic
system is required to be designed by a Colorado Registered Professional Engineer.
(Department of Public Health & Environment)
USR12-0078. Page 6 of 10
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
USR12-0078
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 (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.
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. Hours of operation shall be 24 hours a day, 7 days a week. (Department of Planning Services)
4. The number of on -site employees for all businesses located on the site shall be limited to 15, as
stated in the application materials. (Department of Planning Services)
5. All signs 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)
In the event that a portion of the building is proposed to be leased to another construction
company in the future, the applicant shall submit a copy of the lease agreement and information
regarding the proposed use of the leased portion to the Weld County Department of Planning
Services for review. Based upon the proposed use and/or impacts of the leased portion, the
Department of Planning Services may require an Amendment to the Use by Special Review
application. (Department of Planning Services)
Pursuant to Chapter 15, Articles I and II of the Weld County Code, 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. All vegetation, other
than grasses, needs to be maintained at a maximum height of 12 inches until the area is
completely developed. (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. Weld County is not responsible for the maintenance of drainage related features. (Department of
Public Works)
11. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act,
30-20-100.5, C.R.S., as amended) shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination. (Department of Public Health &
Environment)
12. 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)
USR12-0078. Page 7 of 10
13. Waste materials shall be handled, stored, and disposed 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)
14. 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)
15. 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)
16. 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)
17. The facility shall utilize the public water supply. (Central Weld County Water District)
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 and there are 2 or less full time (40 hour week) employees located on site, 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. The applicant shall obtain a Colorado Discharge Permit System or CDPS permit from the
Colorado Department of Public Health and Environment (CDPH&E), Water Quality Control
Division, 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. Process wastewater (such as floor drain wastes) shall be captured in a watertight vault and
hauled off for proper disposal. Records of installation, maintenance, and proper disposal shall be
retained. (Department of Public Health & Environment)
22. The facility shall comply with the Air Pollution Emission Notice (A.P.E.N.) permit requirements as
stipulated by the Air Pollution Control Division, Colorado Department of Public Health and
Environment, as applicable. (Department of Public Health & Environment)
23. 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)
24. 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)
25. Effective April 25, 2011, Building Permits issued on the proposed lots will be required to adhere to
the fee structure of the Weld County Road Impact Program.(Ordinance 2011-2) (Department of
Planning Services)
USR12-0078. Page 8 of 10
26. Effective April 25, 2011, Building Permits issued on the proposed lots, will be required to adhere
to the fee structure of the County Facility Fee and Drainage Impact Fee. (Ordinance 2011-2)
(Department of Planning Services)
27. The Special Review activity shall not occur nor shall any building or electrical permits be issued
on the property until the Special Review plat is ready to be recorded in the office of the Weld
County Clerk and Recorder. (Department of Planning Services)
28. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code. (Department of Planning Services)
29. The property owner or operator shall be responsible for complying with the Operation Standards
of Section 23-2-250, Weld County Code. (Department of Planning Services)
30. 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.
(Department of Planning Services)
31. The 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. (Department of Planning Services)
32. 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. (Department of
Planning Services)
33. 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.
USR12-0078. Page 9 of 10
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, 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)
USR12-0078, Page 10 of 10
January 21, 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
SHERI LOCKMAN
LOCKMAN LAND CONSULTING
36509 CR 41
EATON CO 80615
Subject: USR12-0078 - 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 (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:
LOT A REC EXEMPT RE -4275; PART SE4 SECTION 32, T5N, R64W of the 6th P.M., Weld County,
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on February 19, 2013, at 1:30
p.m. A subsequent hearing with the Board of County Commissioners will be held on March 13, 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
www weldcountyplanningcases.orq
If you have any questions concerning this matter, please call.
Respectfully,
Diana Aungst
Planner
Digitally signed by Kristine Ranslem
Reason: I am the author of this document
Date: 2013.01.21 09:09:54 -07'00'
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
December 20, 2012
LOCKMAN SHERI
LOCKMAN LAND CONSULTING, LLC
36509 CR 41
EATON, CO 80615
Subject: USR12-0078 - A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY 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 (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 SE4 SECTION 32, T5N, R64W LOT A REC EXEMPT RE -4275 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:
Kersey at Phone Number 970-353-1681
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.
gr_ Ct
Diana Aungst
Planner
Digitally signed by Kristine Ranslem
Reason: I am the author of this document
Date: 2012.12.20 10:52:01 -07'00'
FIELD CHECK
Inspection Date: 2/6/13
Case Number: USR12-0078
Applicant: Interra, LLC do Keith and Christina Roth
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 (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 Distrdict.
Legal Lot A of Recorded Exemption RE -4275 being part of the SE4 of Section 32, T5N,
Description: R64W of the 6th P.M., Weld County, CO
Location: West and adjacent to County Road 53 and approximately 760 feet north of County
Road 50
Size of Parcel: +/- 2.21 acres
Parcel No. 0963-32-4-00-015
Zoning 1
Land Use
N
A (Agricultural)
N
Rural Residential
E
A (Agricultural)
E
Agricultural
S
A (Agricultural)
S
Agricultural
W
A (Agricultural)
W
Agricultural
COMMENTS:
The site is located approximately one and three-quarter miles south of the Town of Kersey. Adjacent
properties are mainly utilized for pastures, crops, and rural residences. The nearest residence is located
approximately 300 feet north of the north property line. The site is accessed off of CR 53. The access
point has not yet been constructed. The property is currently vacant land.
�l\I(Snti cn l ,t
Diana Aungst, Planner
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