HomeMy WebLinkAbout20120760 INVENTORY OF ITEMS FOR CONSIDERATION
• Applicant Adolph & John Trevino Case Number USR11-0023
Submitted or Prepared
Prior to At
Hearing Hearing
1 Staff Comments X
Department of Planning Services Field Check Form X
Letter to Applicant X
Legal Notifications X
2 Application X
Maps X
Deed/Easement Certificate X
Surrounding Property/Mineral Owners X
Utilities X
-a Referral List X
Referrals without comment X
43 Referrals with comments X
Weld County Department of Public Works referral received 124/2011 X
• Weld County Department of Public Health and Environment referral dated X
12/6/2011
Weld County Department of Building Inspection, referral received 11/8/2011 X
Weld County Zoning Compliance, referral received 1/24/20111 X
-5y Surrounding Property Owners/Mineral Owners fetters.
-e S PC Exhibits
SSA Sign posting affidavit X
6-66 E-mail and attached photos from Jeanhevans(a vahoo.com X
I hereby certify that the 10 items identified herein were submitted to the Department of Planning Services at or prior to the
scheduled Planning Commissioners hearing. AL).
Chris Gathman Planner
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2012-0760
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1.7 r LAND USE APPLICATION
• -_ _out?z SUMMARY SHEET
Planner: C. Gathman
Case Number: USR11-0023 Hearing Date: March 6, 2012
Applicant: Adolph & John Trevino
Address: 130 W. Union Avenue, La Salle, CO 80645
Request: A Site Specific Development Plan and Use by Special Review Permit for any 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 (storage of up to 30 trailers and 25 trucks
along with a future shop associated with a trucking business) in the A (Agricultural) Zone
District.
Legal Description: Lot A of Recorded Exemption RE-2341; located in Part of the NE4 of Section 30 T4N
R65W of the 6th PM, Weld County, Colorado
Location: West of and adjacent to County Road 39 and approximately 300 feet south of County
Road 42
• Size of Parcel: +/- 11.26 Acres
Parcel Number: 105530100026
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:
With Comments:
Weld County Department of Public Works, referral received 12/8/2011
Weld County Department of Public Health & Environment, referral received 12/6/2011
Weld County Department of Building Inspection, referral received 11/8/2011
Weld County Code Compliance, referral received 11/8/2011
The following agencies have not responded:
Colorado Parks&Wildlife
Evans No. 2 Ditch
Platte Valley Irrigation Company
Weld County Sheriffs Office
La Salle Fire Protection District
EXHIBIT
• I i
ccseIt-aoz 3
USR11-0023, Trevino, Page 1
• X86 SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
cou _v
Planner: C. Gathman
Case Number: USR11-0023 Hearing Date: March 6, 2012
Applicant: Adolph & John Trevino
Address: 130 W. Union Avenue, La Salle, CO 80645
Site Address: No Existing Structures (No Site Address)
Request: A Site Specific Development Plan and Use by Special Review Permit for any 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 (storage of up to 30 trailers and 25 trucks
along with a future shop associated with a trucking business) in the A (Agricultural) Zone
District.
• Legal Description: Lot A of Recorded Exemption RE-2341; located in Part of the NE4 of Section 30 T4N
R65W
Location: West of and adjacent to County Road 39 and approximately 300 feet south of County
Road 42
Size of Parcel: +/- 11.26 Acres
Parcel Number: 105530100026
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 B.2. A.Policy 2.2. states: "Allow commercial and industrial uses, which
are directly related to or dependent upon agriculture, to locate within agricultural areas
when the impact to surrounding properties is minimal or mitigated and where adequate
services and infrastructure are currently available or reasonably obtainable. These
commercial and industrial uses should be encouraged to locate in areas that minimize
• the removal of agricultural land from production."
USR11-0023, Trevino, Page 2
Section 22-2-20G.1 1. A.Policy 7.1. states: "County land use regulations should support
• commercial and industrial uses that are directly related to, or dependent upon,
agriculture, to locate within the agricultural areas, when the impact to surrounding
properties is minimal, or can be mitigated, and where adequate services are currently
available or reasonably obtainable."
The proposed use involves the storage of trucks and equipment associated with hauling
of crops and agricultural related products (hay, onions, sileage and sugar beets). The site
is located on an 11 acre parcel that is partially covered with livestock pens (where vehicle
storage is not occurring). No additional agricultural land will be removed from production.
Development standards and conditions of approval (for example requiring that the vehicle
and trailer storage area be screened) will ensure compliance with Chapter 22.
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 any 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 (outdoor storage of trucks and trailers and a
future shop associated with a trucking business) as a Use by Special Review 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 in an agricultural area. The site is
adjacent to a single family residence immediately to the west and a single family
residence to the east (across County Road 39). An existing Use by Special Review
Permit (USR-662—for a horse boarding and training facility) is located immediately to the
• south of the property. Agricultural land and a single family residence are located to the
north and northwest of the site. This application was submitted to address an active
Zoning Violation (ZCV10-00140). This violation was initiated due to the operation of
commercial vehicle traffic and storage of vehicles without first completing the necessary
Weld County Zoning Permits. The Department of Planning Services has attached
development standards and conditions of approval to ensure compatibility with the
surrounding area such as requiring that the truck and trailer storage area be completely
screened from adjacent properties.
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 proposed USR is not located within a 3-mile municipal
referral area or within an Intergovernmental Agreement(IGA) area.
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 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)
USR11-0023, Trevino, Page 3
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 parcel is
designated as "Irrigated Land (Not Prime)" according to the Prime and Important
Farmlands Map of Weld and Larimer Counties.
G. Section 23-2-220.A.7—There are adequate provisions for the protection of health, safety,
and welfare of the inhabitants of the neighborhood and County.
This application was submitted to address an active Zoning Violation (ZCV10-00140). This violation
was initiated due to the operation of commercial vehicle traffic and storage of vehicles without first
completing the necessary Weld County Zoning Permits. This case was presented to the Board of
County Commissioners through the Violation Hearing process on May 11, 2011. At that Violation
Hearing, the Board of County Commissioners referred this case to the County Attorney's Office, but
delayed legal action for 30 days (06/11/11).
This application if approved by the Board of County Commissioners and once a plat is recorded will
correct the violation. If this application is denied, all commercial vehicles and associated activities
and/or storage shall be removed from the property within 30 (thirty) days of denial or the court case
will process accordingly.
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 applicant shall address the requirements (concerns) of Weld County Department of
Building inspection, as stated in the referral response dated November 8, 2011. (Department
of Building Inspection)
• B. 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
and Environment)
C. If any onsite lighting is proposed, 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 to the Department of Planning Services with a Screening Plan for
review and approval (the trucks and trailers shall be screened from adjacent residences and
county road right-of-way). (Department of Planning Services)
E. The applicant shall enter into a Private Improvements Agreement according to policy
regarding collateral for improvements and post adequate collateral for (fencing, screening).
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 Works. (Department of Planning Services)
F. The plat shall be amended to delineate the following:
1. All sheets of the plat shall be labeled USR11-0023 (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)
USR11-0023, Trevino, Page 4
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 39 is designated on the Weld County Road Classification Plan as a
collector road, which requires 80 feet of right-of-way (40-feet from the centerline of
County Road 39) 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. The edge of future right-of-way for County Road 39 shall be indicated on
the plat 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 plat shall delineate the approved Lighting Plan (if applicable). (Department of
Planning Services)
8. Show the existing access points on the Plat and label them with the Access Permit
number-AP11-00544. (Department of Public Works)
9. The plat map shall be modified to relocate truck parking from the southwestern portion of
the property to the north end of the property. (Department of Planning Services)
10. The approved lighting plan (if applicable). (Department of Planning Services)
• 2. Upon completion of 1. 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)
3. 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)
4. 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 ArcInfo 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 dhuerter(a�co.weld.co.us. (Department of Planning Services)
5. 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)
•
USR11-0023, Trevino, Page 5
SITE SPECIFIC DEVELOPMENT PLAN
• SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Adolph & John Trevino
USR11-0023
1. A Site Specific Development Plan and Special Review Permit for any 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 (storage of
up to 30 trailers and 25 trucks along with a future shop associated with a trucking 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 shall be limited to no more than five (5) at any one time
accordance with the application materials. (Department of Planning Services)
4. The number of vehicles/equipment on site at any one time shall be limited to twenty-five (25)
trucks and thirty (30) trailers in accordance with the application materials. (Department of
Planning Services)
5. Hauling hours shall be limited to 7:00 am — 6:00 pm Monday — Sunday as stated in the
application materials. (Department of Planning Services)
6. 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)
7. 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)
8. 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)
9. The applicant shall operate in accordance with the approved "waste handling plan", at all times.
(Department of Public Health and Environment)
10. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The facility shall
be operated in accordance with the approved "dust abatement plan", at all times. (Department of
Public Health and Environment)
11. This facility shall adhere to the maximum permissible noise levels allowed in the Commercial
Zone as delineated in Section 14-9-30 of the Weld County Code. (Department of Public Health
and Environment)
12. No washing or maintenance of vehicles or equipment shall occur on the property. (Department of
Public Health and Environment)
• 13. Adequate drinking, hand washing and toilet facilities shall be provided for employees of the
facility, at all times. (Department of Public Health and Environment)
USR11-0023, Trevino, Page 6
14. 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)
15. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
(Department of Public Health and Environment)
16. 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)
17. Prior to the release of building permit, the applicant shall submit evidence of approval from the
LaSalle Fire Protection District to the Weld County Building Department.
18. 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)
19. 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)
20. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code.
21. The property owner or operator shall be responsible for complying with the Operation Standards
of Section 23-2-250, Weld County Code.
22. Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties
where such would cause a nuisance or interfere with the use on the adjacent properties 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)
23. The Screening on site shall be maintained in accordance with the approved Screening Plan.
(Department of Planning Services)
24. 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)
25. A building permit shall be obtained prior to the construction of any new structures. (Department of
Building Inspection)
26. Buildings 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 Fuel Gas Code; and the 2011 National Electrical Code and Chapter 29 of the Weld
County Code. (Department of Building Inspection)
27. Prior to the release of building permit, the applicant shall submit evidence of approval from the
LaSalle Fire Protection District to the Weld County Building Department. (Department of Building
Inspection)
27. Necessary personnel from the Weld County Departments of Planning Services, Public Works,
and Public Health and Environment shall be granted access onto the property at any reasonable
• time in order to ensure the activities carried out on the property comply with the Conditions of
Approval and Development Standards stated herein and all applicable Weld County regulations.
USR11-0023, Trevino, Page 7
28. 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)
29. 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.
30. 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.
31. WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive agricultural
counties in the United States, typically ranking in the top ten counties in the country in total
market value of agricultural products sold. The rural areas of Weld County may be open and
spacious, but they are intensively used for agriculture. Persons moving into a rural area must
recognize and accept there are drawbacks, including conflicts with long-standing agricultural
practices and a lower level of services than in town. Along with the drawbacks come the
incentives which attract urban dwellers to relocate to rural areas: open views, spaciousness,
wildlife, lack of city noise and congestion, and the rural atmosphere and way of life. Without
neighboring farms, those features which attract urban dwellers to rural Weld County would quickly
be gone forever.
Agricultural users of the land should not be expected to change their long-established agricultural
• practices to accommodate the intrusions of urban users into a rural area. Well-run agricultural
activities will generate off-site impacts, including noise from tractors and equipment; slow-moving
farm vehicles on rural roads; dust from animal pens, field work, harvest and gravel roads; odor
from animal confinement, silage and manure; smoke from ditch burning; flies and mosquitoes;
hunting and trapping activities; shooting sports, legal hazing of nuisance wildlife; and the use of
pesticides and fertilizers in the fields, including the use of aerial spraying. It is common practice
for agricultural producers to utilize an accumulation of agricultural machinery and supplies to
assist in their agricultural operations. A concentration of miscellaneous agricultural materials
often produces a visual disparity between rural and urban areas of the County. Section 35-3.5-
102, C.R.S., provides that an agricultural operation shall not be found to be a public or private
nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that
are commonly or reasonably associated with agricultural production.
Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to
assume that ditches and reservoirs may simply be moved "out of the way" of residential
development. When moving to the County, property owners and residents must realize they
cannot take water from irrigation ditches, lakes, or other structures, unless they have an
adjudicated right to the water.
Weld County covers a land area of approximately four thousand (4,000) square miles in size
(twice the size of the State of Delaware) with more than three thousand seven hundred (3,700)
miles of state and County roads outside of municipalities. The sheer magnitude of the area to be
served stretches available resources. Law enforcement is based on responses to complaints
more than on patrols of the County, and the distances which must be traveled may delay all
emergency responses, including law enforcement, ambulance, and fire. Fire protection is usually
provided by volunteers who must leave their jobs and families to respond to emergencies.
• County gravel roads, no matter how often they are bladed, will not provide the same kind of
surface expected from a paved road. Snow removal priorities mean that roads from subdivisions
to arterials may not be cleared for several days after a major snowstorm. Services in rural areas,
USR11-0023, Trevino, Page 8
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.
•
•
USR11-0023, Trevino, Page 9
• AN. // DEPARTMENT OF PLANNING SERVICES
. > t, '`_ 1555 N 17th AVE
,1 _ ,v GREELEY, CO 80631
Ii !'• �� WEBSITE: www.co.weld.co us
II L E-MAIL: cgathman@co.weld.co.us
i- J 1 ., PHONE: (970) 353-6100, Ext. 3537
- 0_y N T � FAX: (970)304-6498
February 14, 2012
ADOLPH &JOHN TREVINO
P O BOX 33
LA SALLE, CO 80645-0033
Subject: USR11-0023 - A Site Specific Development Plan and Use by Special Review Permit for any
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
(storage of up to 30 trailers and 25 trucks along with a future shop associated with a trucking business)
in the A (Agricultural)Zone District.
On parcel(s)of land described as:
PT NE4 SECTION 30, T4N, R65W LOT A REC EXEMPT RE-2341 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. 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.weldcou ntyplan n ingcases.orq
If you have any questions concerning this matter, please call.
Respectfully,
�� Digitally signed by Kristine Ranslem
(A1uO lift_ 1 Reason: am the author of this document
H/YWhw Location'.1555 N 17th Ave
Date:2012 O2.14 12:55:15-07'00'
• Chris Gathman
Planner
3/19/2012
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• FIELD CHECK inspection dates: 2/24/2012
APPLICANT: Adolph & John Trevino CASE #: USR11-0023
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for any 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 (storage of up to 30 trailers and 25 trucks along with a future shop
associated with a trucking business) in the A(Agricultural) Zone District.
LEGAL: Lot A of Recorded Exemption RE-2341; located in Part of the NE4 of Section 30 T4N
R65W of the 6th PM, Weld County, Colorado
LOCATION: West of and adjacent to County Road 39 and approximately 300 feet south of County
Road 42.
PARCEL ID #: 105530100026
ACRES: +/- 11.26 acres
Zoning Land Use
N A N Agricultural land
E A E Agricultural Land/Single-Family Residence
S A S Horse Boarding Facility
• W A W Single family residence/Agricultural Land
COMMENTS:
Animal
aal pens on property. Trucks stored at northern end of property
QA
Chris Gathman - Planner III
•
• FAX TRANSMISSION
£ Weld County
COLORADO Department of Planning Services
Fax: 970-304-6498
Phone: 970-353-6100, Ext. 3540
To: Adolph Trevino Date: 2/1/2012
et
Fax: 284-7980 Pagesf lirwith Cover
Phone:
From:
Chris
Gathman
Planner
III
Subject:
• Mineral
Notice &
Referrals
for your
Special
Use
Permit
COMMENTS:
Dear Adolph,
I have attached the referral responses received for your Special Use Permit Application. We are looking at
a potential Planning Commission hearing date of March 6, 2012.
One of the items required is that mineral interest holders on your property be notified of the Planning
Commission Hearing at least 30-days prior to the hearing (Notification would need to be sent by no later
than Monday, February 6th). I looked on the County Website to see if any mineral interests had registered
in the Section that you are in and none were indicated. However, if you are aware of any make sure they
are notified. Also, you can check with either the County Assessor's Office (I believe they can do this
research for a fee) or an oil and gas land person.
The Assessors Office can be contact at: (970) 353-3845 ext. 3650
Or at the following link:
http://www.co.weld.co.us/Departments/Assessor/Propertyl nformationSearches.htm I
• Storage of vehicles and equipment is normally not a big issue with potential future oil and gas wells
(because vehicles can be moved) but any buildings (you are proposing a future shop) once built cannot be
moved or at least cannot be moved very easily.
• At a minimum what we will need to see by the Planning Commission hearing date (March 6th) is the
attached Mineral Notice Affadavit filled out and notarized indicating either that mineral interests have been
notified or that there are no mineral interests to your knowledge.
Mineral interest notices that go out should at a minimum include the following information:
Applicant: Adolph & John Trevino
Hearing Date&Time: Tuesday, March 6th at 1:30 PM
Hearing Location: Weld County Administration Building — 1150 O Street, Greeley, CO 80631
Request: A Site Specific Development Plan and Use by Special Review Permit for any 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 (storage of up to 30 trailers
and 25 trucks along with a future shop associated with a trucking business) in the A(Agricultural) Zone
District.
Let me know if you have any questions. I can be reached at (970)353-6100 ext. 3537 or at
cgathman@co.weld.co.us.
CONFIDENTIAL
This facsimile is intended only for the use of the individual or entity to which it is addressed and may contain information that is
privileged,confidential, and exempt from disclosure under applicable law. If the reader of this facsimile is not the intended recipient
• nor the employee or agent responsible for delivering the facsimile to the intended recipient,you are hereby notified that any
dissemination,distribution, or copying of this communication is strictly prohibited. If you have received this communication in error,
please notify us immediately by telephone and return the original message to us at the above address via the U.S. Postal Service.
Thank you.
•
• CERTIFICATION
RE: NOTIFICATION OF MINERAL INTEREST OWNERS AND LESSEES
The undersigned Applicant certifies compliance with the provisions of C.R.S. § 24-65.5-
103(1), and in support thereof, states and certifies as follows:
1. That Applicant has provided notice, (a copy of which is attached hereto as
Exhibit "A"), containing the time and place of the initial public hearing on its application
for Case Number , the nature of the initial public hearing, the legal
description by section, township and range of the property which is the subject of the
initial public hearing, and the name of the applicant;
2. That said notice was provided thirty (30) days prior to the scheduled
public hearing, that it was provided by certified mail, return receipt requested, or by a
nationally recognized overnight courier;
3. That said Exhibit A includes the list of the names and addresses of the
surface owners, mineral estate owners and lessees of mineral interests to whom the notice
was sent, including those persons who have requested receipt of such notices, pursuant to
C.R.S. § 24-65.5-103(3).
APPLICANT:
•
STATE OF
COUNTY OF
Subscribed and sworn to before me this _ day of , 200 , by
Notary Public
Note: This Certification must be received by the Weld County Department of Planning
Services prior to or at the initial public hearing. If the Certification is not received by that
time, the hearing will be rescheduled to a later date, and Applicant must re-notify all
owners of mineral interests.
•
• FAX TRANSMISSION
wipeWeld County
COLORADO Department of Planning Services
Fax: 970-304-6498
Phone: 970-353-6100, Ext. 3540
To: Adolph Trevino Date: 2/1/2012
Fax: 284-7980 Pages: 6 with Cover
Phone:
From:
Chris
Gathman
Planner
III
Subject:
Oil &
• Gas
Contact
info.
COMMENTS:
Dear Adolph,
Here is contact info. for Ken-McGee(Oil&Gas Notice):
Kerr-McGee Oil&Gas Onshore LP
Bobbi DeRose
1999 Broadway, Suite 3700
Denver,CO. 80202
CONFIDENTIAL
This facsimile is intended only for the use of the individual or entity to which it is addressed and may contain information that is
privileged,confidential,and exempt from disclosure under applicable law. If the reader of this facsimile is not the intended recipient
nor the employee or agent responsible for delivering the facsimile to the intended recipient, you are hereby notified that any
dissemination,distribution,or copying of this communication is strictly prohibited. If you have received this communication in error,
please notify us immediately by telephone and return the original message to us at the above address via the U.S. Postal Service.
Thank you.
•
• DEPARTMENT OF PLANNING SERVICES
1 N17th aCirTh‘
GREELELEY, CO 80631631 WEBSITE: www.co.weld.co.us
liD
E-MAIL: cgathman@co.weld.co.us PHONE: (970)cgathman@comeld.co.us
eld o.us
CFAX: (970)304-6498
COLORADO
November 7, 2011
TREVINO ADOLPH
P O BOX 33
LA SALLE, CO 80645-0033
Subject: USR11-0023 - A Site Specific Development Plan and Use by Special Review Permit for any
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
(storage of up to 30 trailers and 25 trucks along with a future shop associated with a trucking business)
in the A(Agricultural)Zone District.
On parcel(s)of land described as:
PT NE4 SECTION 30, T4N, R65W LOT A REC EXEMPT RE-2341 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.
If you have any questions concerning this matter, please call.
Respectfully,
Digitally signed by Kristine Ranslem
C—Fucce,4 41 15
Reason:l the author a(thls document Location:1555 N 17th Ave
Date:2011.11 O]15:45:4 9:21-07'00'
Chris Gathman
Planner
•
•
Aft( MEMORANDUM
Wiig�. TO: PA10-107; Case File, pre-application
COLORADO DATE: December 3, 2010
FROM: Kris Ranslem, Planning Technician
SUBJECT: Pre-Application Meeting prior to submitting
USR for trucking business
,).rte ( j C SS —_3( t -et _C
Attendees:
Adolph Trevino, Applicant
Heidi Hansen, Public Works
Michelle Martin, Planning
Kris Ranslem, Planning
On Friday, December 3, 2010 an informal discussion took place at the Greeley Administrative
Offices Conference Room regarding an existing trucking business. (The legal description is Lot
A RE-2341; Part of NE4 of Section 30, T4N, R65W of the e P.M.; Situs Address is 130 W
• Union Ave)
Background Information:
The applicant stated that the current business in Greeley had outgrown its current site;therefore the
applicant moved the trailers and trucks to the property in question. There are four (4) full-time
employees with three to four seasonal employees.
Public Works
A drainage report will be determined if it is required at the time of 7-day completeness review if the
applicant is proposing any large structures. However, according to the discussion at today's wag—
meeting a water quality feature will be required. ( bu t a_ �c 4,- Esc. O F ✓�`"'� wa`W—
No traffic study is required; however a narrative describing the vehicles accessing the site and how
many times per day will need to be submitted.c -Roost, ciakiN+aAc of at aF ^}IUCYS
bn
Planning Department e •firer.
The applicant stated that maintenance for the equipment is performed off-site. No trucks are
washed onsite. Staff directed the applicants to visit with Lauren Light, Environmental Health, at 970-
304-6415, extension 2211 for guidance on requirements for potable water, sanitation facilities,dust
abatement and waste handling plans.
Staff stated that a screening requirement of the outside storage is required.
The site is currently in violation and is scheduled for violation hearings on March 8, 2011. Because
the site is in violation, an investigation fee of $1250 is required along with the $2500 USR
• application fee. Staff strongly encouraged the applicant to submit an application by February 14,
2011 to avoid violation hearings.
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 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 typically 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.
•
• •
WELD COUNTY
• COMPLETENESS REVIEW
REVIEW DATE: 4/08/11
TYPE OF APPLICATION: USR
LEGAL DESCRIPTION: Lot A of RE-2341 being Pt. NE4 being part of Section 30, T4N, R64W
COMPANY NAME/REPRESENTATIVE/OWNER: Adolph and John Trevino
PLEASE NOTE:
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
Michelle Martin at 970-353-6100 extension 3540, or email at mmartin(a�co.weld.co.us
REVIEW:
iiier the completeness review process, please submit your formal Land Use Application to the Department of
nning Services.
Be sure all items on the submittal checklist are submitted in addition to the items outlined in the pre-application
meeting and completeness review. An incomplete Land Use Application submittal will not be accepted.
REVIEW STAFF:
Planning: Michelle Martin— mmartin@co.weld.co.us - 970-353-6100 x 3540
Public Works: Heidi Hanson — hhanson@co.weld.co.us- 970-304-9496 x3745
Public Health: Lauren Light — Ilight(cilco.weld.co.us —970-304-6415 x2211
Building Inspection: Ken Swanson— kswanson(@,co.weld.co.us —970-353-6100 x 3540
PLANNING COMMENTS
The Department of Planning Services has reviewed the 7-Day Completeness Review and has the following
comments.
1. The application page needs original signatures for both Adolph and John Trevino.
2. Application fee of$2,500.00 and investigation fee of $1,250.00
3. Affidavit and certified names, addresses and the corresponding parcel number of all the properties
located with 500 feet signed within 30 days of submitting a complete application.
0 Certificate of Conveyances signed within 30 days of submitting a complete application
Weld County Department of Planning Services
918 10'" Street, Greeley CO 80631
Fax: 970-304-6498
Phone: 970-353-6100 x3540
WELD COUNTY
5. The questionnaire needs to go into more detail regarding the proposed use on the property, hours of
operation (days of the week), employees vs. people coming to the site, the existing and future number
•
of vehicles to be stored on site, and the type of equipment and vehicles stored on site.
PUBLIC WORKS COMMENTS
I have reviewed the 7-Day Completeness Review. Public Works shall be looking for five critical items:
➢ Site Plan — Submitted
> Traffic Study - Not Required - How many of each "tractor-trailer rigs, trailers and dump trucks" will be
parked on site? Please provide an estimate of how many trips these vehicles will make to and from the
site.
> Preliminary Drainage Report - Not Required - A Water Quality Depression is required. The depression
should be 1-2 feet deep and be located downstream of the parking area(s). An existing on-site low point
where water ponds can be used for the depression. The calculations to find the required size of the Water
Quality Area are attached. If you need help with sizing the depression please contact Heidi Hansen at 970-
304-6496 x3750
> 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
chnical review of the project once the submittal application is deemed acceptable and is promoted to the review phase
he planning process.
Public Works does not have adequate information to review this submittal. Please provide the
additional traffic and drainage information requested above.
HEALTH DEPARTMENT COMMENTS
If this is a seasonal use as the application states, for onion trucks, than portable toilets are acceptable. It appears
there are no employees however the application states that 5 people will use the site. If drivers are coming and
going to the site on a year round basis than permanent water and sewer is required according to EH policy.
K. Use of Portable Toilets
Purpose: To define when Portable Toilets may be used in lieu of a vault or septic system.
Policy: Portable toilets may be utilized on sites for temporary and seasonal use for up to six months as
part of the Temporary Seasonal Permits issued by Weld County Planning for situations such as
fireworks stands, Christmas tree stands, seasonal recreational facilities, etc.
Dust and waste handling plans are required. Please be more specific regarding the use of the property and if
.s is a year round use.
Weld County Department of Planning Services
918 10th Street, Greeley CO 80631
Fax: 970-304-6498
Phone: 970-353-6100 x3540
WELD COUNTY
•
BUILDING INSPECTION COMMENTS
Based on the information provided, no structure are propped at this time and no building permits are required.
•
• Weld County Department of Planning Services
918 10th Street, Greeley CO 80631
Fax: 970-304-6498
Phone: 970-353-6100 x3540
Michelle Martin
em: Lauren Light
t: Friday, April 01, 2011 3:32 PM
To: Michelle Martin
Subject: PA-10-107 Trevino truck parking
Attachments: image003.png
If this is a seasonal use as the application states, for onion trucks, than portable toilets are acceptable. It appears there
are no employees however the application states that 5 people will use the site. If drivers are coming and going to the
site on a year round basis than permanent water and sewer is required according to EH policy.
K. Use of Portable Toilets
Purpose: To define when Portable Toilets may be used in lieu of a vault or septic system.
Policy: Portable toilets may be utilized on sites for temporary and seasonal use for up to six months as part of
the Temporary Seasonal Permits issued by Weld County Planning for situations such as fireworks stands,
Christmas tree stands, seasonal recreational facilities, etc.
Dust and waste handling plans are required. Please be more specific regarding the use of the property and if this is a
year round use.
Lauren Light, M.B.S.
Environmental Planner, Environmental Health Services
Weld County Department of Public Health & Environment
5 N. 17th Ave.
eley, CO 80631
Ilioht(Wco.weld.co.us
970-304-6415 Ext. 2211 (office)
970-304-6411 (fax)
`V u
u
Confidentiality Notice:This electronic transmission and any attached documents or other writings are intended only for
the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise
protected from disclosure. If you have received this communication in error, please immediately notify sender by return
e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the
contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited.
•
1
• The majority of the truck traffic into the property would be from the switching out of
trucks for seasonal work, based on the need of product being moved. (i.e. Onion trucks).
The drainage of water on the property is absorbed into the ground, due to the property
being approximately 4 feet below Weld County Road 39 and approximately 4 feet below
the surrounding properties.
•
Michelle Martin
soom:
nt: Wednesday, November 02, 2011 11:17 AM
: Michelle Martin
Subject: Trevino USR
Michelle,
Adolf Trevino stopped by and we discussed the drainage on his site. Due to the fact that the drainage from his site is
isolated from other properties and the groundwater level is very high I have decided to waive the water quality
depression.
Thanks,
Heidi
Heidi Hansen, P.E., CFM
Engineer II
Weld County Public Works
1111 H Street
Greeley, CO 80632
970-304-6496 ext. 3745
1 $b 10 i
liE• 0. CCI N'"f
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for
the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise
protected from disclosure. If you have received this communication in error, please immediately notify sender by return
e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the
contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited.
•
1
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