HomeMy WebLinkAbout20120458.tiff SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL
REVIEW (USR) APPLICATION
FOR PLANNING DEPARTMENT USE DATE RECEIVED:
RECEIPT#/AMOUNT# /$ CASE#ASSIGNED:
APPLICATION RECEIVED BY PLANNER ASSIGNED:
Parcel Number / G 9 - 0 / - p - O 0 -
(12 digit number-found on Tax I.D.information,obtainable at the Weld County Assessor's Office,or www.co.weld coos)
Legal Description io /-0I�A - LE /3 7/ , Section / , Township / North, Range 42vest
Zone District: A , Total Acreage: , Flood Plain: MO , Geological Hazard: AID ,
Airport Overlay District: 100
FEE OWNER(S)OF THE PROPERTY:
Name: Lawrevite D. Sties it et /¶ereSe /% Sdat
Work Phone#303 as-i VV/Y Home Phone 4 Q? A 1..)d8 VoEmail yh o b g
Address: y;7/ NYI R .≥7
Address:
City/State/Zip Code Fr,r L 1u r CoILan / 452eZe7/
Name:
Work Phone# Home Phone# Email
Address:
Address:
City/State/Zip Code
Name:
Work Phone# Home Phone# Email
• Address:
Address:
City/State/Zip Code
APPLICANT OR AUTHORIZED AGENT(See Below:Authorization must accompany applications signed by Authorized Agent)
Name: L06(, Nt Q Q {�euP
Work Phone# Home Phone# Email
Address:
Address:
City/State/Zip Code
PROPOSED USE: r �
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�owt Dti order poi EP or15/iz. it/I rn / /t.c
I (We) hereby depose and state under penalties of perjury that all statements, proposals, and/or plans submitted
with or contained within the application are true and correct to the best of my(our)knowledge. Signatures of all
fee owners of property must sign this application. If an Authorized Agent signs, a letter of authorization from all
fee owners must be included with the application. If a corporation is the fee owner, notarized evidence must be
included ' ating that the s': airy has to legal authority to sign for the corporation.
4ov/ ncC,�. Oh/ 7/ /( Gq
Signature: Owner or Authorized Agent Date Signature: Owner or or Authorized Agent Date
• EXHIBIT
2 2012-0458
LC211-001
SITE SPECIFIC DEVELOPMENT PLAN &
• USE BY SPECIAL REVIEW QUESTIONNAIRE
1. Proposed use of the property.
The proposed use of the property is threefold. First, Applicants operate a diesel
equipment repair shop on the premises. Presently,this operation employs the applicants and
two additional mechanics.About half of the business of this operation consists of the repair
and maintenance of farm equipment, the remainder consisting largely of the repair and
maintenance of heavy trucks used in both local and over the road operations. Finally,about
15%of the business consists of welding and repair of unpowered farm implements and the
fabrication of parts therefor. This use is conducted primarily inside an existing 3400 square
foot building designed and built for this purpose in 1984 and modified and expanded in
1992. Some repair work is carried on outside the building, mostly on farm equipment that
is too large to fit inside the shop. This outside work consists of about 2%of the work done
at the facility. As an accessory use to the repair facility,Applicants store vehicles,materials
and parts outdoors and vehicles are sometimes stored outside while they await parts,having
been partially disassembled for diagnostic purposes. Also,some vehicles are retained after
repair while awaiting payment of the repair bill. A completed vehicle may therefore remain
upon the property for as long as sixty days. The material stored outside consists of steel
• tubing,steel and aluminum sheeting and structural steel used in the above described welding
and fabrication operations. These materials will be stored in racks or on pallets in the
screened area shown on the accompanying drawing. The parts,consisting largely of engine,
transmission and drive line components,will also be store on racks or pallets in the screened
area.
The second proposed use of the property is for the operation of Applicants' business
known as Big Toe and Recovery Service. This operation consists of one heavy tow truck
used in recovering and towing disabled heavy vehicles such as semi-trailer trucks and
employs only the Applicants. This business generates an average of one tow per week which
generally results in returning to the property with the disabled vehicle which is then stored
in the screened area for up to a week while awaiting either repair or retrieval by the owner.
Finally, in conjunction with the above towing operation, Applicants' operate an
impound lot on the property to which they tow abandoned or wrecked heavy trucks as
requested by the Colorado Highway Patrol. Such activity involves only the Applicants and
occurs, on average, about twice per month. These vehicle are usually retrieved by their
owners within three or four days of the tow.
•
2. Consistency with the intent of the Weld County Comprehensive Plan.
•
The Weld County Comprehensive Plan is not an inflexible mold into which all land
use needs of the citizens and all land use decision of the commissioners must be pressed,
creating uniformity at the expense of functionality. If the use classification of a parcel no
longer meets the needs of the community, the Plan allows the commissioners to use their
own common sense to devise a solution to a problem. This is evident from the language of
the plan itself. Section 22-1-100, for example, provides that the plan ... is intended to be
used for the general purpose of guiding and accomplishing the coordinated, adjusted and
harmonious development of the County.... and to establish policy guidelines for... land use
decisions. Section 22-1-110 tells us that the plan ...identifies specific land use goals and
policies which are intended to provide guidance and direction for existing and future land
use. Thus, the plan is only intended a guideline and doesn't limit the commissioners'
flexibility in addressing specific land use problems. In fact,Section 22-1-120D encourages
the commissioners to use their informed discretion in land use decisions, saying...land use
policies must be flexible to adapt to the specific location and circumstances of each
proposed land use change. Applicants therefore contend that the intent of the plan was to
allow the commissioners the flexibility to deal with land use issues on and individual basis.
• While the Plan recognizes the importance of agriculture in the County,it nevertheless
notes the inevitability and propriety of the gradual development of marginal agricultural
lands for other purposes. For example, Section 22-2-20B2, Policy 2.2, provides that the
County should allow commercial and industrial uses directly related to agriculture to locate
within agricultural areas when the impact to surrounding properties is minimal or mitigated.
Policy 7.2 in Section 22-2-20G2 states that...[cJonversion 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...
Nor does the plan ignore the importance of economic growth and prosperity. Section
22-1-120F notes that...Nand use policies have a significant impact on economic conditions
in the County and should be structured to encourage economic prosperity and economic
growth. Section 22-2-20A5, Policy 1.5, in turn,provides that the County should...support
and entice agriculturally related businesses.... Section 22-6-20 of the Plan, entitled
Economic Development Goals and Policies,also recognizes the importance of commercial
endeavors in the economic mix of the County.Policy 1.2, for example, urges the County to
promote the...expansion and diversification of the commercial economic base to achieve a
well-balanced commercial sector in order to provide a stable tax base and a variety of job
• opportunities for County citizens.
Applicants submit that their proposed use of the property in question is in harmony
• with the intent of the comprehensive plan. It is true that expansion of the existing Use by
Special Review as requested will remove some of property from agricultural production,but
in this instance such a change is justified and necessary. Please remember that,prior to the
recent amendment of Recorded Exemption number RE1379, the property that will be
involved in this USR was a part of the Alice Pehr farmstead consisting of about 130 irrigated
acres. Alice Pehr and her family, which consists of a son and two daughters one of whom
is the Applicant Therese Scott, are committed to maintaining the farmstead as agricultural
property. However,the impact of the proposed use upon the remaining agricultural property
is very minimal. Only about 3 acres would be removed from agricultural production. Of this
three acres, two and one half acres is only very marginally productive, consisting of poor,
sandy and gravelly soil nearly impossible to irrigate effectively. Applicant Therese Scott is
familiar with the poor nature of this part of the Pehr farm,having farmed the entire farmstead
herself since 1995. Thus,only about 1/2 acre of reasonably productive farmland would be
removed from agricultural production by this plan. In compensation,the land would become
a productive part of Applicants' business.
As related above,a substantial portion of Applicants' business consists of repairing
and maintaining agricultural equipment. This was the basis for the original USR back in the
• 1980's. Times have changed, however, and Applicants can no longer maintain a viable
business based solely on the repair of farm machinery. They must include the repair of over
the road trucks and equipment as a part of the services they offer in order to remain in
business. Then too,the nature of agriculture itself has changed. The modem farmer is not
dependant only upon traditional farm equipment. Increasingly, he also utilizes large
commercial loaders and semi-trailer trucks to move hay,grain,produce,silage,fertilizer and
other farm supplies, produce and machinery about. These types of equipment are now an
integral part of most farmers' tools and their repair and maintenance is now a necessary
adjunct to the agricultural industry.
For the above reasons,Applicants submit theat their proposed use is consistent with
the intent of the Weld County Comprehensive Plan.
3. Consistency with the intent of Chapter 23 of the Weld County Code.
Applicants contend that their proposed use is consistent with the intent of Chapter
23 of the Weld County Code. Section 23-3-10 of the Code states that the ...Agricultural
• Zone District is intended to provide areas for the conduct of agricultural activities and
activities related to agriculture and agricultural production without the interference of
other, incompatible land uses.It further provides that the...Agricultural Zone District is also
• intended to provide areas for the conduct of Uses by Special Review which have been
determined to be more intense or to have a potentially greater impact than uses allowed by
right. Applicants' proposed use falls squarely within the latter provisions of this section.
Further, Section 23-3-40, Uses by Special Review, provides that the ...following...
uses may be... operated... in the A (Agricultural)Zone District upon approval ofa permit in
accordance with the requirements and procedures set forth in Article II, Division 4 of this
chapter.... Under sub-section B of this section,such permitted uses by special review include
...[a]gricultural service establishments primarily engaged in performing agricultural..
services on a fee or contract basis, including... [1]arm equipment sales, repair and
installation facilities. In large measure,the repair of agricultural machinery is exactly what
Applicants' business does. Applicants now ask to expand this use to include other
equipment and highway trucks because the business is not economically viable if its repair
operations are confined to farm equipment alone. In short,it cannot exist to serve agriculture
unless it is also allowed to provide the very same services to other segments of the economy
as well.
Finally, sub-section R of Section 23-3-40 provides that the County may permit, as
• a use by special review, any ...use permitted as a Use by Right.. [or]an Accessory Use...
in the commercial or industrial zone districts,provided that the property is not a lot in an
approved or recorded subdivision plat or lots [or]parts of a map or plan filed prior to
adoption of any regulations controlling subdivisions. PUD development proposals shall not
be permitted to use the special review permit process to develop. Here, the property in
question is not a lot in an approved or recorded subdivision plat, nor is it a part of a map or
plan filed prior to adoption of subdivision regulations by Weld County. Neither is the
property in question part of a PUD development proposal. Rather, it is the smaller of two
lots created by a recorded exemption. (See RE1379).
The proposed uses include: a repair shop for agricultural equipment,highway trucks
and other equipment with attendant storage for vehicles, parts and materials; the operation
of one heavy tow truck,and;a storage yard for short term storage of towed vehicles awaiting
removal by their owners. All of the above are uses allowed by right in the C-3 Business
Commercial Zone District pursuant to parts 4,6, 10 and 15 of subsection B of Section 23-3-
230 of the Code, in I-2 Industrial Zone Districts by part 10 of subsection B of Section 23-3-
320 of the Code and in I-3 Industrial Zone Districts by parts 3 and 11 of subsection B of
Section 23-3-330 of the Code. For the above reasons Applicants claim that the uses which
. they propose are consistent with the intent of Chapter 23 of the Weld County Code.
4. Surrounding uses and consistency and compatibility therewith.
•
The uses of the surrounding properties consist of agricultural uses with incidental
residential use, gravel mining, oil and gas production, and commercial uses. Applicants
proposed uses do not conflict with the surrounding agricultural uses and are,in fact, largely
coincident with such uses since they include the repair of agricultural equipment and
machinery. The nearest of the surrounding agricultural uses is in fact being operated by the
Applicant Therese Scott on the Pehr farmstead, and the avoidance of conflict with
agricultural uses is therefore of paramount importance to the Applicants. Please note that
Applicants have, for the past twenty five years and in this same location, engaged in the
same activities as are now proposed, the sole difference being that the repair work was
limited to farm equipment. The proposed expansion of the repair services to include
highway trucks and other non-farm equipment will not change the nature or character of the
services provided nor the operations carried out on the property. With regard to the repair
shop, no processes or operations will occur which have not occurred on the premises in the
past. Only the names of the customers will change. With this in mind, Applicants would
point out that these very same activities have caused no complaints or objections from the
neighbors over the last twenty five years. It seems unlikely that any new adverse impact
would be imposed upon the surrounding properties simply because new customers are added
• to the business.
The operation of the towing business is likewise without noticeable impact on the
surrounding property,the additional traffic generated thereby being limited to an average of
one tow per week. The tow truck and any towed vehicles would be kept in a screened area.
Like the repair shop, this business has been in operation for several years already and has,
to Applicants' knowledge, generated no complaints from the surrounding properties.
The gravel mining operations are so located as to suffer no possible adverse effects
from Applicants' operations, which is also true of the oil and gas production facilities. The
location and nature of the commercial operations also precludes conflict. One of these
operations is Ramirez Trucking, located about one half mile West on Highway 52. This
business consists of a trucking operation dedicated to providing various services to the
oilpatch. It is located far enough from Applicants' property to preclude any interference or
conflict. The remaining commercial endeavor is located directly across Highway 52 from
Applicants'property and involves the storage of various appliance awaiting sale at a Denver
facility. While located proximately to Applicants' business, the low volume of traffic
generated by this business,as well as the very nature of the business itself,precludes conflict
• or interference.
5. Usage details.
•
a. Number of people who will use this site. This site will be used by the two
Applicants and their two employees. In addition, customers will come to the site to
deliver their equipment for repair and to retrieve it when finished. Usually, this is
done by one individual and Applicants estimate that about five such pickups and five
such deliveries occur per week. In addition, parts are delivered to the shop about
three times per week by a lone driver.
b. Number of proposed employees at site. Including the two owners, a total
of four persons are employed on site.
c. Hours of operation. The business operates from 8:00 a.m. to 6:00 p.m.
Monday through Saturday.
d. Type and number of structures to be erected on site. Screening fence will
be erected on site as will a new leach field,but no other structures in addition to the
existing building are contemplated.
• e. Type and number of animals to be kept on site. No animals are to be kept
on site.
f. Type,size and weight of vehicles accessing site and frequency of access.
This site will be accessed daily by three or four pickup trucks belonging to the
Applicants and their employees. In addition, about two customers per day will
deliver equipment for repair or pick up finished equipment. An average of three
delivery trucks per week will access the site. Finally, an average of one or two
trucks or other pieces of equipment will arrive on site for repair daily. The cars and
pickup trucks will weigh anywhere from one to three tons, while the average semi
truck or piece of equipment will weigh five to ten tons.
g. Fire protection. Fire protection is now and will continue to be provided by
the Fort Lupton Fire Department.
h. Water sources,domestic and irrigation."Domestic"water is now supplied
by a commercial well located on the property and operated under Colorado Well
permit #140143, a copy of which is attached hereto. It is not anticipated that
• irrigation water will be required.
• i. Sewage disposal system,existing and proposed. There is an existing septic
system on the property. A certificate of inspection for the septic tank and additional
information on the existing system is attached hereto. However, applicant intends
to construct a new leach field upon approval of this application. Engineering on the
system has begun and Applicant will apply for and obtain the proper permits on
approval hereof. Depending on weather, construction of the same should be
completed within sixty days of the approval of the septic system application.
j. Storage or warehousing. The only storage or warehousing proposed upon
this site is as described in number 1, above
6. Proposed landscaping and landscaping map.
Given the nature of the site and the requirements of the uses proposed, very little
landscaping is planned over that which currently exists on the site. This will consist largely
of the proposed screening shown on the site plan. Applicant proposes to construct this
screening of corrugated metal sheeting six feet high attached to a sturdy metal or wooden
framework sufficient to minimize damage by wind and weather and the associated
• maintenance costs. Most of the site remaining outside of the screened storage area will be
graveled driveway and parking area.
7. Proposed reclamation procedure upon termination of use.
Should the use terminate, reclamation will consist of selling the stored parts, for
which there is a ready market, returning the vehicles to their owners, closing the shop and
converting the building to a private agricultural garage for the storage of implements used
upon this and the neighboring parcel and planting pasture grasses on the site.
8. Storm drainage.
Applicant is consulting with Weld County Public Works Department to determine
retention volume required and will provide that volume.
•
• 9. Time to construct site and proposed commencement of construction and landscaping.
No additional structures are planed except the new leach field and screening fence.
The leach field will be completed within sixty days of the approval of the application
therefor, while the fence will be completed within sixty days of the approval of this
application.
10. Storage and stockpiling of wastes.
No storage or stockpiling of waste products is contemplated.
wet."(
Lawrence D. Scott, Applicant Therese M. Scott, Applicant
•
•
Page 1 of 1
David W. Pehr
• From: "Rice-Idler, Gloria"<Gloria.Hice-Idler@DOT.STATE.CO.US>
Date: Thursday,January 13,2011 1:13 PM
To: <appliepiejoe@q.com>;<dwp@zplaw.net>
Attach: ATT00033.htm
Subject: Access
Larry,
Thank you for the phone call this morning. Provided you are not proposing to increase
traffic to your site and access, CDOT considers your access to be grandfathered and
legal. Per the State Highway Access Code, CDOT would only be able to re-evaluate your
access if traffic volumes increased by more than 20%. At that time we would require a
new access permit and possibly reconstruction, restriction of movements, relocation or
in some instances closure.
Since it does not appear that you are changing anything at this time, CDOT has no
comment.
If you have any questions, please do not hesitate to contact me.
Gloria Hice-Idler
Permit Supervisor
IpcDOT Region 4
1420 2nd Street
Greeley CO 80631
(970) 350-2148
•
1/13/2011
• FOR COMMERCIAL SITES, PLEASE COMPLETE THE FOLLOWING INFORMATION
BUSINESS EMERGENCY INFORMATION:
Business rI y�
Name: Sao11 Es[Set 9 frtern -c v,C t Phone:3O3.0S 7 - 44I/1/
Address:// ive/ 4't3L un sa City, Si, Zip:. 4 ,( &Q,9t j�/
Business V
Owner: 4w/anr, S o246 Phone: 303 7/0-- .1103
Home Address: 937/ City, ST, Zip:m.411Ln I'0 fJ/�y�/
List three persons in the order to be called in the event of an emergency:
NAME c J_/ TITLE ADDRESS PHONE
/a ell �+�" 000nCr yi7/ a',.2 ._?O J G 3 - !G .2303
F errag 0 04072 Ear 7�?p a107 7a7/,s"'
Business /
.�.hHours: $ oodfrr� - L ?AO Ant Days: 7YIDxOi9 — rlt
Type of Alarm: None :urg ar Holdup Fire ((/! :i ent' Audible
• Name and address of Alarm Company: Apr
Location of Safe: 1)0,+e
MISCELLANEOUS INFORMATION:
Number of entry/exit doors in this building: r Y o? Location(s): 0sd-rrNrS
Is alcohol stored in building? 7/e) Location(s):
Are drugs stored in building? le Location(s):
Are weapons stored in building? '»O Location(s):
The following programs are offered as a public service of the Weld County Sheriffs Office. Please indicate the
programs of interest. Physical Security Check _ Crime Prevention Presentation
UTILITY SHUT OFF LOCATIONS:
Main Electrical: &Jet. Off` Arta /V,4-7/
Gas Shut Off: om 4 S (de e-rr IC2 w /o. �, � ' a� du�kb" terra hint-
Exterior Water Shutoff: •,70-1-1 Q
Interior Water Shutoff: eS L(> (lot vi Oh
•
• Preliminary Drainage Report
As shown in the accompanying survey,the site drains on a very shallow grade from
West to East. A water quality feature of a size to be determined by the Weld County Public Works
Department will be constructed along the Ease side of the site.
•
•
• Preliminary Traffic Study
No additional traffic will be generated over and above that generated by the existing
site. This site will accessed by the two Applicants and their two employees. In addition,customers
will come to the site to deliver their equipment for repair and to retrieve it when finished.
Applicants estimate that about five such pickups and five such deliveries occur per week. Parts are
delivered to the shop about three times per week. Finally, an average of one or two trucks or other
pieces of equipment will arrive on site for repair daily.
The cars and pickup trucks will weigh anywhere from one to three tons, while the
average semi truck or piece of equipment will weigh five to ten tons.
•
• Waste Handling Plan
Other than normal,household type trash which is picked up weekly by Gator Rubbish
Removal,the only waste material produced on site consists of use motor oil and scrap metal. The
used motor oil is sold to Tri County Oil Reclaimers,who picks it up from our 275 gallon waste tank
on demand. We haul the scrap metal to the recycler and sell it about twice per year or as necessary.
•
•
• Dust Abatement Plan
Normally, dust is not a problem in our very gravelly soil. However, if it becomes
a problem, abatement will be accomplished be sprinkling with water from our commercial well
applied by a tractor mounted spray unit which we currently have.
•
•
• Scott AMUSR - 671 Drainage Summary
September 14, 2011
In accordance with the requirements listed in the comments to the completeness
review, the map now contains flow arrows showing the flow of water across the property.
Calculations for the water quality feature are attached hereto.
Water does not actually flow onto the Scott property from any outside source. The
potential exists for water to flow from the Pehr property to the West onto the Scott property all along
the East line of the Scott property. However,the Pehr property is an irrigated farmstead and is being
actively farmed. Irrigation water flowing in a westerly direction across the Pehr farm is intercepted
by a tail water ditch just before reaching the West boundary of the Scott parcel. Of course,this ditch
intercepts not only the irrigation water but all other water moving across the Pehr parcel. The tail
water ditch diverts the flow South along the West boundary of the Scott parcel, then East along the
South boundary of the Scott parcel and beyond about a mile to the Platte River. Thus,waters never
enter the Scott parcel from the neighboring upstream property to the West. The properties to the East
are all lower than the Scott parcel, so no water flows into this parcel from the East. the tail ditch
along the South boundary as described above prevents any water from entering from the South. To
the North,State highway 52 acts a s a dam and prevents water entering the parcel from that direction.
Any water crossing highway 52,it would be captured in the large and deep barrow ditch on the South
edge of the highway, or by the Lupton Bottoms irrigation canal, both of which are lower than the
• Scott parcel.
Water falling onto the Scott parcel drains generally from Northwest to Southeast
across the property. However, little water actually leaves the Scott parcel. The oil field road
constructed along the East boundary of the parcel creates a dam at the 4842 foot level and water
collects to the West of this dam back to the 4248 foot contour, as shown on the plot plan. This
catchment retains over 20,000 cubic feet of drainage water. According to the attached water quality
feature calculations, we are required to retain less than 2200 cubic feet of drainage flow, so the
catchment basin seldom, if indeed ever, releases any water on to the properties to the East. This is
no doubt due in part to the gravelly nature of the soil on the Scott parcel,which allows the water to
soak into the soil very rapidly.
There have been no drainage problems with this parcel in the past and we foresee
none in the future. The proposed use of the property as outlined in our application will neither affect
the flow of drainage across the property nor increase the volume of water discharged therefrom.
cc_ K!
Lawrence Scott - Applicant
•
SCOTT USR WATER QUALITY FEATURE CALCULATIONS
• September 1, 2011
Atot= Total site area (sqft) = 228,559
Aar= Total site area (acres) = 5.247
Agr= Site area in grass or undeveloped (sqft) = 129,004
Agi,= Site area in gravel (sqft) = 96,280
Art= Site area in roffs (sqft) = 3,275
Agy= Site area in paving (sqft) = 0
1 = .02Agt+ .4Agy+APB + .9Arf
Atot
i = .02(129,004) + .4(96,280) + 0 + .9(3275)
• 228,559
i = 2580 + 38,512 + 0 + 2948
228559
i = 44,040 I = 0.1927
228559
WQCV = a(.91i3- 1.19i2 + .78i) but a = 1,so
WQCV= .91i3- 1.19i2 + .78i
WQCV = .91(.1927)' - 1.19(.1927)2+ .78(.1927)
WQCV = .91(.0072) - 1.19(.0371) + .78(.1927)
WQCV = .0066 - .0441 + .1503
WQCV= 0.1128
•
• Required Storage = (WQCV/12)(Aac)
Required Storage = (0.1128)/12)(5.247)
Required Storage = (0.0094)(5.247)
Required Storage = 0.0493 Acre Feet or
Required Storage = 2148 Cubic Feet
•
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