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Home My WebLink About20120797 INVENTORY OF ITEMS FOR CONSIDERATION • Applicant I 1 M&M Excavation Company Case Number USR11-0027 I Submitted or Pre ared I Prior to I At Hearing Hearing 1 Staff Comments X N.' Department of Planning Services Field Check Form X v Letter to Applicant X N.' Legal Notifications X \ 2 Application X Maps X u Deed/Easement Certificate X Surrounding Property/Mineral Owners X Utilities X 3 Referral List X Referrals without comment X Platte Valley Fire Protection District, referral received 12/12/2011 X Weld County Code Compliance, referral received 12/12/2011 • Town of Kersey, referral received 1/10/2012 Colorado Parks&Wildlife, referral received 12/14/2011 Central Weld County Water District, referral received 12/14/2011 City of Greeley, referral received 12/21/2011 4 Referrals with comments X Weld County Department of Public Works referral received 1/6/2012 X Weld County Department of Public Health and Environment referral dated 1/7/2012 X Weld County Department of Building Inspection referral received 1/9/2012 X v West Greeley Soil Conservation District, referral received 12/13/2011 X `- 5 Surrounding Property Owners/Mineral Owners - Letters 6 PC Exhibits 6A Sign posting affidavit X 7 Plaini6y Cunmu>o;un R,.ovl.duir- I hereby certify that the 15 items identified herein were submitted to the Department of Planning Services at or prior to the scheduled Planning Commissioners hearing. 41<0. 2 612e0 Chris Gathman Planner • _ - EXHIBIT 2012-0797 user 7 18a • �! r p LAND USE APPLICATION couN 1 SUMMARY SHEET Planner: C. Gathman Case Number: USR11-0027 Hearing Date: March 6, 2012 Applicant: M&M Excavation Company Address: C/O Patrick Groom — Witwer, Oldenburg, Barry & Johnson, LLP - 822 7th Street, Suite 760, Greeley, CO 80631 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, 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 (an office/repair shop with outdoor vehicle/equipment storage and vehicle staging area associated with an excavation business) in the A (Agricultural) Zone District. Legal Description: Lot B of Recorded Exemption RE-4762 ; located in part of the E2NW4 of Section 17 T5N R64W of the 6th PM, Weld County, Colorado Location: South of and adjacent to County Road 58 and 1/4 mile east of County Road 51. • Size of Parcel: +/-76.33 Acres Parcel Number: 096317200002 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: Platte Valley Fire Protection District, referral received 12/12/2011 Weld County Code Compliance, referral received 12/12/2011 Town of Kersey, referral received 1/10/2012 Colorado Parks&Wildlife, referral received 12/14/2011 Central Weld County Water District, referral received 12/14/2011 City of Greeley, referral received 12/21/2011 With Comments: Weld County Public Works Department, referral received 1/6/2012 Weld County Department of Public Health & Environment, referral received 1/7/2012 Weld County Department of Building Inspection, referral received 1/9/2012 West Greeley Soil Conservation District, referral received 12/13/2011 • The following agencies have not responded: EXHIBIT Weld County Sheriffs Office / USR11-0027, M&M Excavation Company, Page 1 • r81 • �3 rr,,H; _y�, SPECIAL REVIEW PERMIT ADMINISTRATIVE REVIEW couf Planner: C. Gathman Case Number: USR11-0027 Hearing Date: March 6, 2012 Applicant: M&M Excavation Company Address: C/O Patrick Groom — Witwer, Oldenburg, Barry & Johnson, LLP - 822 7th Street, Suite 760, Greeley, CO 80631 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, 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 (an office/repair shop with outdoor vehicle/equipment storage and vehicle staging area associated with an excavation business) in the A (Agricultural) Zone District. • Legal Description: Lot B of Recorded Exemption RE-4762 ; located in part of the E2NW4 of Section 17 T5N R64W of the 6th PM, Weld County, Colorado Location: South of and adjacent to County Road 58 and 1/4 mile east of County Road 51. Size of Parcel: +/-76.33 Acres Parcel Number: 096317200002 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.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." • Section 22-2-20 1.5. A.Policy 9.5. states: "Applications for a change of land use in the agricultural areas should be reviewed in accordance with all potential impacts to surrounding properties and referral agencies." USR11-0027, M&M Excavation Company, Page 2 The proposed Use by Special Review(USR) site is located in an agricultural area and will • be in the proximity of three single-family residences. The Department of Planning Services is requiring that trucks and equipment to be parked/stored on site be screened from these adjacent properties and public right-of-way. 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 Uses by Right, Accessory Uses and Uses by Special Review in the Commercial or industrial zone districts, 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 (an office/repair shop with outdoor vehicle/equipment storage and vehicle staging area associated with an excavation business) 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 proposed site is located in an agricultural area one mile north of the Town of Kersey. There are three (3) single-family residences located approximately 700-feet to the west, 400-feet to the north, and 350-feet to the east of the proposed USR site. A USR for a gravel mining operation (USR-1687) approved in 2009 is located approximately 1/2 mile to the west. No phone calls, letters or e-mails have been received from surrounding property owners regarding this case. The Department of Planning Services is requiring that the truck/equipment parking area and staging area be screened from the adjacent residential properties and public right-of-way. 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 USR site is located within the 3-mile referral areas of the City • of Greeley and the Town of Kersey. The site is located immediately outside of the Intergovernmental Agreement Area (IGA) for the Town of Kersey. Both the City of Greeley and Town of Kersey returned referrals indicating no conflicts with their interests. E. Section 23-2-220.A.5 --The application complies with Article V of the Weld County Code. The site is not located within the floodplain or within the boundaries of any overlay zone. The existing site is within the County Road Impact Fee Area and the Capital Expansion Impact Fee area. 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. The proposed USR is located on "Irrigated Prime" soils according to the according to the Prime and Important Farmlands Map of Weld and Larimer Counties. The proposed operation will cover approximately six (6) acres of the existing seventy-six (76) acre parcel. 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 attached development standards and conditions of approval will ensure adequate provisions for • the protection of health, safety, and welfare. Among the attached conditions, the Department of Planning Services is requiring that the truck parking area and equipment staging area be screened from adjacent residences. USR11-0027, M&M Excavation Company, Page 3 • 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. 1. Prior to Recording the Plat: A. The plat shall be amended to delineate the following: 1. All sheets of the plat shall be labeled USR11-0027 (Department of Planning Services) 2. The attached Development Standards. (Department of Planning Services) 3. The plat shall be prepared in accordance with Section 23-2-260.D of the Weld County Code. (Department of Planning Services) 4. The applicant shall delineate the trash collection areas. Section 23-3-350.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 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. County Road 58 is designated on the Weld County Road Classification Plan as collector status road, which requires 80 feet of right-of-way at full build out. There is presently 60 feet of right-of-way. The applicant shall verify and delineate on the plat the existing right-of-way and the documents creating the right-of-way and shall delineate the edge of future right-of-way for County Road 58 as well. 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. These roads are maintained by Weld County. (Department of Public Works) 6. The plat shall delineate the approved Screening Plan. (Department of Planning Services) 7. The off-street parking spaces including the access drive shall be surfaced with gravel, asphalt, concrete or the equivalent and shall be graded to prevent drainage problems. (Department of Public Works) 8. Show the access point on the Plat and label it with the Access Permit number (AP12-00007). (Department of Public Works) 9. Show and label the approved Water Quality Area on the Plat. (Department of Public Works) 2. The applicant shall address the requirements (concerns) of Weld County Department of Building Inspection, as stated in the referral response dated January 9, 2012. (Department of Building Inspection) 3. The applicant shall submit a dust abatement plan, detailing on site dust control measures, for review and approval, to the Environmental Health Services, Weld County Department of Public Health & Environment. (Department of Public Health & Environment) • USR11-0027, M&M Excavation Company, Page 4 4. In the event washing of vehicles will occur on site the applicant shall ensure that any vehicle washing area(s) shall capture all effluent and prevent discharges from the washing of vehicles in • accordance with the Rules and Regulations of the Water Quality Control Commission, and the Environmental Protection Agency. Vehicle washing areas should be designated on the plat. (Department of Public Health & Environment) 5. The applicant shall submit evidence of an Aboveground Storage Tank permit from the Colorado Department of Labor and Employment(CDL&E), Oil Inspection Section for any aboveground storage tanks located on the site. Alternately, the applicant can provide evidence from the (CDL&E), Oil Inspection Section that they are not subject to these requirements. (Department of Public Health & Environment) 6. A signed copy of the Spill Prevention, Control and Countermeasure Plan shall be provided to Environmental Health Services Division of the Weld County Department of Public Health & Environment. The plan shall be in accordance with Section 3-6-1 of the Colorado Department of Labor and Employment Division of Oil and Public Safety Storage Tank Regulations (7 C.C.R. 1101-14) as well as EPA regulations (40 CFR Part 112). (Department of Public Health & Environment) 7. 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 & Environment) 8. The applicant shall submit to the Department of Planning Services with a Screening Plan for review and approval. Truck parking and heavy equipment storage and staging areas shall be screened from nearby residences and county road rights-of-way. (Department of Planning Services) 9. 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). 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) 10. Upon completion of 1-9 above the applicant shall submit three (3) paper copies 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 sixty (60) 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) • 11. In accordance with Weld County Code Ordinance 2006-7 approved June 1, 2006, should the plat not be recorded within the required sixty (60) days from the date the Board of County Commissioners resolution a $50.00 recording continuance charge shall added for each additional 3 month period. (Department of Planning Services) USR11-0027, M&M Excavation Company, Page 5 • 12. 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 maps( co.weld.co.us. (Department of Planning Services) 13. One Month Prior to Construction Activities: A. In the event that 1 or more acres are disturbed during the construction and development of this site, the applicant shall obtain a stormwater discharge permit from the Water Quality Control Division of the Colorado Department of Public Health and Environment. 14. Prior to Release of Building Permits: A. A commercial permit application must be completed and the following documents submitted: 1. Engineered plans for the metal building and foundations. 2. Life safety and code study plan including occupancy group, egress components, firewalls, sprinklers, ect. 3. Accessibility requirements will need to meet ANSI A117.1-2003. This will include parking, routes, rest rooms ect. 4. Mechanical, electrical and plumbing drawings. 5. Fire Department notification for the building and the fuel tanks. 6. A separate permit will be required for the fuel tanks. Provide fuel tank manufacture's specs and listings. 7. Additional documents listed on the permit application. • 15. 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) 16. 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 according to the Weld County Individual Sewage Disposal Regulations. (Department of Public Health & Environment) B. The applicant shall submit evidence of an Underground Injection Control (UIC) Class V Injection Well permit from the Environmental Protection Agency (EPA) for any large-capacity septic system (a septic system with the capacity to serve 20 or more persons per day). Alternately, the applicant can provide evidence from the EPA that they are not subject to the EPA Class V requirements. (Department of Public Health & Environment) • USR11-0027, M&M Excavation Company, Page 6 SITE SPECIFIC DEVELOPMENT PLAN • SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS M&M Excavation Company USR11-0027 1. 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, 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 (an office/repair shop with outdoor vehicle/equipment storage and vehicle staging area associated with an excavation business) in the A (Agricultural) Zone District. (Department of Planning Services) 2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County Code. (Department of Planning Services) 3. The number of on-site employees on site at any one time shall be limited to twenty (20) as stated in the application materials. (Department of Planning Services) 4. The hours of operations shall be limited to 6:00 AM — 7:00 PM Monday — Friday, and 6:00 AM to Noon on Saturday, except in the case of emergency. (Department of Planning Services) 5. 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 and Environment) • 6. 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 and Environment) 7. 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. (Department of Public Health and Environment) 8. The applicant shall operate in accordance with the approved "waste handling plan", at all times. (Department of Public Health and Environment) 9. 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) 10. This facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone as delineated in Section 14-9-30 of the Weld County Code. (Department of Public Health and Environment) 11. The applicant shall comply with all provisions of the State Underground and Above Ground Storage Tank Regulations. (Department of Public Health and Environment) 12. Any vehicle or equipment washing areas shall capture all effluent and prevent discharges in accordance with the Rules and Regulations of the Water Quality Control Commission, and the • Environmental Protection Agency. (Department of Public Health and Environment) USR11-0027, M&M Excavation Company, Page 7 • 13. 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) 14. Adequate drinking, handwashing and toilet facilities shall be provided for employees and patrons of the facility, at all times. (Department of Public Health and Environment) 15. Bottled water shall be utilized for drinking during construction of the project. (Department of Public Health and 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 and Environment) 17. A permanent, adequate water supply shall be provided for drinking and sanitary purposes. The facility shall utilize the existing public water supply. (Central Weld County Water District) (Department of Public Health and Environment) 18. 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 and Environment) 19. The Spill Prevention, Control and Countermeasure Plan shall be available on site, at all times. (Department of Public Health and Environment) • 20. 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) 21. 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) 22. 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) 23. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240, Weld County Code. 24. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250, Weld County Code. 25. 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 constructed as traffic control devices. (Department of Planning Services) 26. The Screening on site shall be maintained in accordance with the approved Screening Plan. (Department of Planning Services) 27. Weld County is not responsible for the maintenance of onsite drainage related features. • (Department of Public Works) USR11-0027, M&M Excavation Company, Page 8 28. 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) 29. A building permit will be required for any new construction, alteration, or addition to any building on the property. (Department of Building Inspection) 30. 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: 2006 International Building Code; 2006 International Mechanical Code; 2006 International Plumbing Code: 2006 International Energy Code; 2006 International Fuel Gas Code; 2011 National Electrical Code; 2003 ANSI 117.1 Accessibility Code and Chapter 29 of the Weld County Code. (Department of Building Inspection) 31. Prior to the release of building permit, the applicant shall submit evidence of approval from the Platte Valley Fire Protection District to the Weld County Building Department. 32. 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. 33. The historical flow patterns and runoff 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) 34. 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. 35. 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. 36. 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 USR11-0027, M&M Excavation Company, Page 9 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, 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. • USR11-0027, M&M Excavation Company, Page 10 • „eft. DEPARTMENT OF PLANNING SERVICES 1555 N 17th AVE GREELEY, CO 80631 �,I WEBSITE: www.co.weld.co.us E-MAIL: cgathman@co.weld.co.us PHONE: (970) 353-6100, Ext. 3537 0 T Y FAX: (970)304-6498 February 14, 2012 Patrick Groom Witwer, Oldenburg, Barry&Johnson, LLP 822 7th Street, Suite 760 Greeley, CO 80631 Subject: USR11-0027-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, 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 (office/repair shop with outdoor vehicle/equipment storage and vehicle staging area associated with an excavation business) in the A(Agricultural)Zone District. On parcel(s)of land described as: E2NW4 SECTION 17, T5N, R64W LOT B REC EXEMPT RE-4762 of the 6th P.M.,Weld County, Dear Applicants: I have scheduled a meeting with the Weld County Planning Commission on March 6, 2012, at 1:30 p.m. • A subsequent hearing with the Board of County Commissioners will be held on March 21, 2012 at 10:00 a.m.B oth 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 weldcountyplanni ngcases.orq If you have any questions concerning this matter, please call. Respectfully, •/� Digitally signed by Kristine Ranslem ,. 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V . - • • 3 • FIELD CHECK inspection dates: 2/24/2012 APPLICANT: M&M Excavation Company CASE #: USR11-0027 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, 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 (an office/repair shop with outdoor vehicle/equipment storage and vehicle staging area associated with an excavation business) in the A (Agricultural) Zone District. LEGAL: Lot B of Recorded Exemption RE-4762 ; located in part of the E2NW4 of Section 17 T5N R64W of the 6th PM, Weld County, Colorado. LOCATION: South of and adjacent to County Road 58 and 1/4 mile east of County Road 51. PARCEL ID #: 096317200002 ACRES: +/-76.33 acres Zoning Land Use N A N Agricultural land E A E Agricultural land with single-family residence/outbuildings (appears to be vacant) S A S Agricultural Land • W A W Agricultural land (3 residences approx. 700 feet the west) COMMENTS: Farmground with oil and gas well on site. Chris Gathman - Planner Ill • r1555• DEPARTMENT OF PLANNING SERVICES N17th AVE GREELEELEY, CO 80631631 WEBSITE: www.co.weld.co.us ' E-MAIL: cgathman@co.weld.co.us �D PHONE: (970) 353-6100, Ext. 3537 FAX: (9(970) 304-6498 COLORADO December 12, 2011 Patrick Groom Witwer, Oldenburg, Barry&Johnson, LLP 822 7th Street, Suite 760 Greeley, CO 80631 Subject: USR11-0027 - 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, 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 (office/repair shop with outdoor vehicle/equipment storage and vehicle staging area associated with an excavation business)in the A(Agricultural)Zone District. On parcel(s)of land described as: E2NW4 SECTION 17, T5N, R64W LOT B REC EXEMPT RE-4762 of the 6th P.M., Weld County, Colorado. Dear Applicant: • Your application and related materials for the request described above are complete and in order at this time. I will schedule a meeting with you at the end of the review period to discuss the referral comments received by our office. It is the policy of Weld County to refer an application of this nature to any town or municipality lying within three miles of the property in question or if the property under consideration is located within the comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of the submitted materials to the following Planning Commission(s)for their review and comments: Greeley at Phone Number 970-350-9741 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, '�//� Digitally signed by Kristine Ranslem c ( ", .4�Re�� Reason:I am the author of this document /Juc s AA:/w,n Location 1555 N 17th Ave Date:2011.12.12 09:21:37-07'00' Chris Gathman Planner • WITWER, OLDENBURG, BARRY &JOHNSON, LLP Attorneys at Law • 822 7th Street,Suite 760 Greeley,CO 80631 STOW L.WITWER,JR. TELEPHONE: (970)352-3161 R.SAM OLDENBURG FACSIMILE: (970)352-3165 JOHN J.BARRY JACQUELINE JOHNSON SENDER'S E-MAIL ADDRESS PATRICK M.GROOM KENT A.NAUGHTON PGROOM @ WOBJLAW.COM November 30, 2011 VIA HAND-DEI.VVERY Chris Gathman Planner III Weld County Deb u-tment of Planning Services 1555 N. 17`"Ave: Greeley, CO 80631 Re: M&M Excavation Company (PAl 1-082) Dear Chris: Pursuant to your correspondence dated November 28, 2011 regarding PA11-082, I am submitting hereby the following requested information: • 1. Two revised site plans which delineate the water control feature. In addition,I have attached an explanation from Baseline Engineering explaining how the area of the on-site storm water depression was calculated. 2. In further response to Heidi Hansen's referral comment dated October 26,2011,the Applicant provides the follo•r Mg information concerning estimated traffic to and from the subject property: An estimr.ed 15 employee vehicles will visit the site on a daily basis. 6-8 company vehicles(semis, loaders) will leave from and return to the site each work day. If you have any questions regarding this matter, please do not hesitate to contact me. Yours very truly, WITWER, OLDENBURG, BARRY&JOHNSON LLP (_ trick M. Groom% PMG/js • November 29, 2011 • Ms. Heidi Hansen, PE Weld County Public Works Department SELINE 1555 North 17th Ave. Greeley, CO 80631 corporation planning engineering Re: Drainage Letter—M&M Excavation Site USR Ms. Hansen, The purpose of this letter is to document drainage conditions associated with the M&M Excavation Site Use by Special Review Permit application. Background The site is located in the E1/2 of NW 1/4 of Section 17, Township 5 North, Range 64 West of the 6`h P.M., Weld County, Colorado. The project entails construction of a building for office and truck maintenance purposes. A gravel parking lot/yard and a concrete apron adjacent to the building are proposed. The site will be 500 feet by 500 feet or 5.74 acres and surrounded by a chain link fence. This site is part of Lot B of RE-4762 which has an overall size of 75.92 acres. The site is not located within a FEMA designated floodplain. Refer to the USR Maps for more information. • Storm Water Quality An on-site storm water depression is proposed to treat storm water runoff from the site. Attached are supporting calculations for sizing of the required storm water quality capture volume. The imperviousness of the site will be 0.37. The required storage is 0.082 acre-feet or 3,572 cubic feet. The site generally slopes towards the northeast. The storm water depression area will be located to the northeast of the proposed building and will be 2 feet deep. See the USR Maps for more information. Conclusion The proposed M&M Excavation Site will not have any impacts on existing drainage patterns or adversely affect downstream properties or structures. Feel free to contact me if you have any questions or need additional information. Sincerely, C-L ick Behning, E orporate Headquarters High Plains Wyoming Rocky Mountains over West Office Park Building 4 Downtown Greeley Montgomery Building Pentagon West Building 0012" Street,Suite 220 710 11^Avenue,Suite 105 09 East 1T^Street,Suite 1 2740 Acre Lane,Suite 205 Golden,Colorado 80401 Greeley,Colorado 80631 Cheyenne,Wyoming 82001 Steamboat Springs,Colorado 80487 Ph 303.940.9966 Ph 970353.7600 Ph 307.635.1734 Ph 970.879.1825 Fax 303.940.9959 Fax 970.353.7601 Fax 866.242.9106 Fax 866.242.9106 WITVTER, OLDENBURG, BARRY&JOHNSON, LLP Attorneys at Law • 822 7th Street,Suite 760 Greeley,CO 80631 STOW L.WITWER.JR. TELEPHONE: (970)352-3161 R.SAM OLDENBURG FACSIMII F: (970)352-3165 JOHN J.BARRY JACQUELINE JOHNSON SENDER'S E-MAIL ADDRESS PATRICK M.GROOM KENT A.NAUGHTON PGROOMO'WOBJLAW November 23, 2011 VIA HAND-DELIVERY Chris Gathman Planner III Weld County Department of Planning Services 1555 N. 17th Ave. Greeley, CO 80631 Re: M&M Excavation Company (PAI1-082) Dear Chris: Pursuant to your letter dated October 31, 2011 regarding PA11-082), I am submitting hereby the following requested information: • 1. Letter of Commitment from Central Weld County Water District indicating that water service is available to the 11 % of the NW Va of Section 17, T5N, R64W, Weld County, Colorado. 2. McDonald Farms will be pumping and hauling the repair vault. McDonald Farms 303-981-6839 7440 East I-25 Frontage Rd. Frederick, CO 80530 Attn: Scott McDonald 3. The proposed use will include outdoor equipment storage and vehicle staging. The revised application is attached. If you have any questions regarding this matter, please do not hesitate to contact me. Yours very truly, WITWER, OLDENBURG, BARRY &JOHN�SONLLP Patrick M. Groom .. • PMG/js • 1861 - 2011 WEL _.C O U NTY 7-Day Completeness Review October 31, 2011 Applicant: M&M Excavation Company C/O Patrick Groom Case#: Not Assigned Yet (PAl 1-082) Request: USR for Office, Equipment Repair, outdoor storage and staging of vehicles & equipment. Legal Description: Lot B RE-4762; located in part of the E2NW4 of 17-5-64. Location: South of and adjacent to County Road 58 & ''A mile east of County Road 51. Size of Parcel: +/- 76 acres Parcel Number: 096317200002 X Public Works X Health X Planning X Building • Patrick Groom Dear Mr. Groom: The following completeness review notes are provided as a courtesy to the applicant. While we strive to identify significant issues, the following notes may not identify all issues, even major ones that may be raised during the formal review of your application. The information contained herein has been placed on file with the Department of Planning Services. Please submit a copy of this form when you submit a formal Land Use Application. If you have any questions regarding the process and/or application please call Chris Gathman at 970-353-6100 extension 3537, or email at cgathman@co.weld.co.us REVIEW: Departmental staff has completed their review and offer the following comments. Please address these: • Environmental Health See attached response from Lauren Light dated October 27, 2011. Please provide the requested information regarding the Waste Handling Plan. Planning The following information shall be provided/addressed per the Department of Planning Services: 1. Provide Application Fee 2. Provide ability to serve letter or water tap agreement from Central Weld County Water District. 3. Please clarify the "Proposed Use" on the application form — to include outdoor equipment storage and vehicle staging (as stated in the questionnaire). Public Works See the attached memorandum from Public Works dated October 26, 2011. Building Inspection No Comments This completes our portion of the 7-Day Completeness Review. Please address the items • above and if you have any questions please feel free to call or email us. Building Inspection No Comments cgathman@co.weld.co.us hhansennco.weld.co.us Ilight@co.weld.co.us Sincerely, Chris Gathman Planner III ec: L. Light, Environmental Health H. Hansen, Public Works PA-11-082 • 1661 . 20 „ MEMORANDUM TO: Chris Gathman, Planning Services DATE: October 26, 2011 WE L D__-E O NT Y FROM: Heidi Hansen, P.E., Public Works Department SUBJECT: 7-Day Completeness Review— M & M Excavation I have reviewed the 7-Day Completeness Review. Public Works shall be looking for five critical items: ➢ Site Plan — Submitted • Traffic Study — Not Required — Estimate Submitted — Please elaborate on your traffic description. How often will the vehicles and equipment listed come and go from the site. How many vehicles are expected to come and go from the site daily including employee personal vehicles and company vehicles. ➢ Preliminary Drainage Report — Full Report Not Required — A Water Quality Depression is required for this site. The drainage information indicates that it will be located northeast of the building. Please provide calculations using the attached procedures to find the required size of the Water Quality area. Then show the area on the site plan and label it as "Water Quality— No Build or Storage Area" ➢ Geotechnical Report—Not Required ➢ Flood Hazard Development Standards—Not in a FEMA Floodplain • This phase of the planning process is a content review of the submitted materials, NOT a technical review. Comments made during this phase of the process will not be all-inclusive. The Public Works Department will perform a detailed technical review of the project once the submittal application is deemed acceptable and is promoted to the review phase of the planning process. Public Works requires additional information to review this submittal. Please submit the following: • Additional discussion on traffic • A Water Quality Depression pc: 7-Day Completeness, M&M • C:\Documents and Settings\cgathman\Local Settings\Temporary Internet Files\Content.outlook\B66R7MBE\MM 7-Day.docx 7 Day Completeness Review • Subject: Use by Special Review Permit for office and equipment repair for an excavation & earthmoving company Legal: Lot B — RE 4762; located in part of the E2NW4 of Section 17, Township 5 North, and Range 64 West; Location: South of and adjacent to County Road 58 and `/4 mile east of County Road 51 Applicant Name: M&M Excavation Property Owner: Same Planner: Chris Gathman Department: Public Works Health Building Planning • Comments: Va P \ckNl +e) I S t .1 o Gky R v w, e ; nc-) rte- r _ , mo ss 11 , cSZ_s„,: 1 Name: I_- . L-- Date: \ cp 11 • Date: October 25, 2011 , Comments due no later than November 1 , 2011 • 1861 - 2011 MEMORANDUM TO: PA11-082; Case File, pre-application WELt_co NTY DATE: June 10, 2011 FROM: Kris Ranslem, Planning Technician SUBJECT: Pre-Application Meeting prior to submitting USR for storage and repair of equipment Attendees: Terry Miller, President and Owner of M&M Excavation Patrick Groom, Witwer Oldenburg Barry & Johnson Heidi Hansen, Public Works Lauren Light, Environmental Health Jonathon Gesick, Building Chris Gathman, Planning Kris Ranslem, Planning On Friday, June 10, 2011 an informal discussion took place at the Greeley Administrative Offices Conference Room regarding a proposed shop building and storage and repair of • equipment. (The legal description is Lot B RE-4762; Part of Section 17, T5N, R64W of the 61h P.M.) Background Information: Mr. Miller would like to re-locate his business to the subject property. It is vacant land and encumbers approximately 76 acres. The applicant is proposing to construct a 100 by 100 foot shop building to conduct repair of the excavation equipment. Repairs would include oil changes, tire repair and other light maintenance work. Additionally, there would be storage onsite of bulldozers and other equipment. Building Department A Building Permit will be required for the proposed shop building. Engineered foundation and plans will need to be included. Handicap accessibility for bathrooms/parking will need to be addressed as well. Health Department If a floor drain is proposed in the building, staff suggested that a vault be installed. Permanent water and sewer facilities are required according to Department Policy. The applicant indicated that they are proposing to obtain a water tap from Central Weld County Water District. Staff informed the applicant that the septic system will need to be designed by an engineer and approved by the Board of Health since it is a commercial facility. The applicant indicated that there will be two 8,000 gallon above ground fuel tanks on site. Staff • stated that the applicants will need to submit an approved Spill Prevention, Control and Countermeasure Plan (SPCC) plan. A Waste Handling Plan is required. For examples please visit: http://www.co.weld.co.us/Departments/PlanningZoninq/PlanningDepartment/ApplicationAssistance. html A Dust Abatement Plan will be required. For examples please visit: http://www.co.weld.co.us/Departments/PlanningZoninq/PlanningDepartment/ApplicationAssistance. html Public Works There is an existing access to the site. Mr. Miller indicated that he would like to make improvements to the access. Staff requested that he include his proposed improvements in the narrative of the application. A traffic narrative estimating the number of trips per day should be included with the application. No Drainage Report is required; however the applicant shall provide a short description of the historic stormwater flows across the property and how their application will affect those flows. The description shall include but not be limited to: 1) where the water originates if it flows onto the property from an offsite source, 2) where it flows to as it leaves the property, 3)the direction of flow across the property, and 4) if there have been previous drainage problems with the property. The application shall also provide flow arrows on the map showing where the stormwater starts, how it goes across the property, and where it leaves the property. The applicant will still be responsible for providing a water quality feature that conforms to the methodology outlined in Volume 3, Section 4.4.2 of the Urban Storm Drainage Criteria manual. If more pavement is proposed, a full drainage report may be required. Please visit with Public Works for further direction. Planning Department The applicants indicated that they would like to split off the 3 acres; however the site is not eligible for a Recorded Exemption at this time. Another option would be to apply for a Subdivision Exemption as the activity is for Oil and Gas , support. The USR boundary encumbers the entire property boundary; however the remainder of the site may still be farmed. The applicants indicated that there may be lighting on the shop building. If any other lighting is proposed it should be downcast and not shine on adjacent properties. Staff stated that they will review the outside storage onsite; however according to Weld County Code, an opaque fence may be required surrounding only the outside storage area. A 16 sq. foot sign is allowed in the Agricultural Zone District. If the applicant proposes a larger sign it should be included in the application. Staff urged the applicant to contact staff for any questions: Planner On Call available Monday through Friday 7:30 a.m. to 4:30 p.m. Staff explained the USR process. The application fee is $2500. The applicant shall submit 4 packets for a 7 day completeness review. After the 7 day completeness review the applicant will be informed of what items are still required to make the application complete. Staff requested that the applicant submit the remaining material in electronic form. Upon submittal of a completed application it will be sent out for referral for 28 days. The applicant will then meet with their Planner to discuss the referrals and address as many of the referrals as possible. At that meeting the Planning Commission hearing will be scheduled. The Board of County Commissioners hearing 41typically follows approximately 3 weeks after the Planning Commission hearing. The above notes are provided as a courtesy to the applicant. While we strive to identify significant issues, the above notes may not identify all issues, even major ones that may be raised during the formal review of your application. The information contained herein has been placed on file with the Department of Planning Services. • End memorandum. • • Hello