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Home My WebLink About20110353 RESOLUTION RE: APPROVE PROPOSED MODIFICATIONS TO USE BY SPECIAL REVIEW PERMIT#1428 -JOHN AND DENISE WALKUSCH WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, on April 7, 2004, by Resolution #2004-0818, the Board of County Commissioners approved the application of John and Denise Walkusch, 12439 Highway 392, Greeley, Colorado 80631, for a Site Specific Development Plan and Use by Special Review Permit#1428 for a Use Permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone District(repair work on heavy duty trucks and farm equipment)in the A (Agricultural) Zone District, on the following described real estate, to-wit: Subdivision Exemption#485; being part of the SW1/4 of Section 18, Township 6 North, Range 66 West of the 6th P.M., Weld County, Colorado WHEREAS, at a Probable Cause hearing conducted on November 22, 2010, the Board deemed it advisable to continue the matter to February 2, 2011, to allow additional time for staff to meet with Mr. Walkusch and try to reach a resolution, and WHEREAS, the Board of County Commissioners has been presented with a request from John Walkusch, dated December 29, 2010,to modify Use by Special Review Permit#1428,to allow him to park up to five (5) trucks and three (3) trailers associated with the gravel/dirt hauling business, along with three(3) outside employee vehicles, as well as a memorandum from Planning Services staff, dated January 27, 2011, providing three options for the Board's consideration, and WHEREAS, on February 2, 2011,the Board of County Commissioners reviewed Department of Planning Services staff comments and heard the testimony presented, and WHEREAS,the Board of County Commissioners finds that a modification is not necessary to allow Mr. Walkusch to park up to five (5)trucks and three(3)trailers associated with the gravel/dirt hauling business on the property, along with three (3) outside employee vehicles, since there were no limitations on the number of trucks, trailers, and employee vehicles specified in the Conditions of Approval or Development Standards of Use by Special Review Permit#1428, and WHEREAS, the Board of County Commissioners deems it appropriate to modify the boundary of Use by Special Review Permit #1428 to include the entirety of the above-described property. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that Mr. Walkusch is allowed to park up to five (5) trucks and three (3) trailers associated with the gravel/dirt hauling business on the property, along with three (3) outside employee vehicles, and that the boundary for Use by Special Review Permit#1428 be modified to include the entirety of the above-described property. (✓Q PL , 1t\cct Pu) 4L u 2011-0353 PL1709 PROPOSED MODIFICATIONS TO USR#1428 - JOHN AND DENISE WALKUSCH PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 2nd day of February, A.D., 2011. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COJ,ORADO ATTEST: it /, ism//i .<¢ ;Barbara Kirkmeyer/Chair / Weld County Clerk to the Board ELA ean BY: Deputy Q erk to the ar O ito 72Pro-Tem t= ill�:j F. Garcia _l APP ED A6 RM: �® �~ ! /� � David E. Long un y torney EXCUSED Douglas Rademacher Date of signature: 947/ 2011-0353 PL1709 1861-20II MEMORANDUM -- � TO: Weld County Commissioners WEL OUNTY DATE: January 27, 2011 L_J FROM: Chris Gathman (Z. SUBJECT: Proposed modifications to USR-1428 (Walkusch) Background: A Use by Special Review Permit(USR-1428) on April 7, 2004 for John Walkusch was approved for a Heavy Duty Truck and Farm Equipment repair business. After a complaint was received, a letter was sent to Mr. Walkusch from Tom Parko, Planning Manager, on July 2, 2010 re: storage of equipment and vehicles outside the boundaries of USR-1428. A pre-application meeting was held with Mr. Walkusch on July 23, 2010. During this meeting, Mr. Walkusch indicated he had a trucking company (4 trucks) on his property. Trucks were being parked on the property and outside employees were picking up the trucks in the morning and coming back to the site in the evening. Mr. Walkusch's original USR application questionnaire did not include this hauling business and no trucks were located on the site when planning staff conducted a field check and took photos of the site in 2004. Additionally, these trucks utilize a shared access onto State Highway 392 with two adjacent property owners. Since the trucking component, for the sand and gravel hauling business component was not included in the original USR, staff determined that this was a substantial change to USR-1428 and that USR-1428 should be amended. Staff granted sixty (60) days (until 9/23/2010) for Mr. Walkusch to prepare the USR application and submit for processing. Mr. Walkusch submitted an e-mail on 9/21/2010 indicating he was planning on phasing out his trucking business. Staff submitted an e-mail response 9/22/2010 to Mr. Walkusch requesting a timeline as to when trucks would be sold and the sand and gravel hauling component would be phased out. Mr. Walkusch submitted an e-mail response 10/20/2010 indicating he was not sure when equipment would be sold and the sand and gravel hauling component would be phased out. After receiving another call from a citizen re: the status of the violation on 11/4/2010, staff scheduled a probable cause hearing for Mr. Walkusch on 11/22/2010. The Board, at the 11/22/2010 probable cause hearing, directed staff to work with Mr. Walkusch to determine if there a way(under the existing parameters of the County Code) to bring the applicant(Mr. Walkusch) in compliance in the least costly manner. Staff is presenting Mr. Walkusch's request as a modification to USR-1428. Notice of this proposed modification was sent to property owners within 500-feet of the boundaries of Mr. Walkusch's property at least ten (10) days prior to this hearing. Should the Board approve Mr. Walkusch's request, no amended USR application would be required. Request: Mr. Walkusch is requesting (as outlined in his letter dated December 29, 2010) to modify his current Special Review Permit to: 1) Park up to five (5) trucks and three (3) trailers associated with a gravel/dirt hauling business along with three (3) outside employees; Staff Request: Staff is requesting that Mr. Walkusch be allowed to expand the exterior boundaries of USR-1428 to match the boundaries of Subdivision Exemption 485. This boundary change will ensure that USR-1428 is consistent with current Use by Special Review Permit requirements. At the time USR-1428 was approved in 2004, there was not a requirement that the boundaries of a USR match the boundaries of the property that it is located on. Use by Special Review Permits are now considered to be equivalent to subdivisions of land and expanding the boundaries of the USR to match the boundaries of the property owned by Mr. Walkusch will be consistent with this requirement. 2011-0353 Should the Board of County Commissioners approve this option, the Department of Planning Services recommends the following: Submit an updated USR-1428 plat indicating the expanded boundaries of USR-1428 within thirty(30) days. Board of County Commissioners Options regarding Mr. Walkusch's request(allowing up to five (5) trucks and three (3) trailers along with 3 outside employees): Option#1: Submit an amended Use by Special Review Permit application to the Department of Planning Services that includes up to five (5) trucks and three (3) trailers associated with a gravel/dirt hauling business along with three (3) outside employees. A) Should the Board of County Commissioners choose this option, the Department of Planning Services requests the amended Use by Special Review application be submitted within ninety(90) days (no later than May 4, 2011). Option#2:Approve Mr. Walkusch's request to allow five (5) trucks and three (3) trailers associated with a gravel/dirt hauling business along with three (3) outside employees without requiring an Amended Use by Special Review Permit. A) Should the Board of County Commissioners approve this option, the Department of Planning Services recommends the following: 1) The resolution title shall be amended to read: "Site Specific Development Plan and Use by Special Review Permit#1428 for a Use Permitted by Right, an Accessory Use, or a Use by Special Review in the Commercial or Industrial Zone Districts (Repair Work on Heavy Duty Trucks and Farm Equipment along with a Trucking Business) in the A (Agricultural) Zone District" 2) Development Standard#1 be amended to read: "Site Specific Development Plan and Use by Special Review Permit#1428 for a Use Permitted by Right, an Accessory Use, or a Use by Special Review in the Commercial or Industrial Zone Districts (Repair Work on Heavy Duty Trucks and Farm Equipment along with a Trucking Business) in the A (Agricultural) Zone District" 3)Add the following as Development Standard#5: "Vehicles associated with the trucking business shall be limited to five (5) trucks and three (3) trailers." 4) Add the following as Development Standard#6: "This USR is limited to a total of three (3) outside employees." 5) Mr. Walkusch shall apply for and be approved for an access permit with the Colorado Department of Transportation (CDOT). 6)An updated plat map with the updated development standards and USR boundary shall be submitted for recording within thirty(30) days. Option#3: Mr. Walkusch reduce his number of trucks and outside employees to two (2) each. A) Should the Board of County Commissioners approve this option, the Department of Planning Services recommends the following: 1) The number of trucks and outside employees be reduced to two (2) each within ninety(90) days (no later than May 4, 2011). 2) The resolution title shall be amended to read: "Site Specific Development Plan and Use by Special Review Permit#1428 for a Use Permitted by Right, an Accessory Use, or a Use by Special Review in the Commercial or Industrial Zone Districts (Repair Work on Heavy Duty Trucks and Farm Equipment along with a Trucking Business) in the A (Agricultural) Zone District" 3) Development Standard#1 be amended to read: "Site Specific Development Plan and Use by Special Review Permit#1426 for a Use Permitted by Right, an Accessory Use, or a Use by Special Review in the Commercial or Industrial Zone Districts (Repair Work on Heavy Duty Trucks and Farm Equipment along with a Trucking Business) in the A (Agricultural) Zone District" 4)Add the following as Development Standard#5: "Vehicles associated with the trucking business shall be limited to two (2) trucks." 5) Add the following as Development Standard#6: "This USR is limited to a total of two (2) outside employees." Staff Recommendation: Staff recommends either option#1 (submit an amended Use by Special Review Permit application to include the additional trucks, trailers and employees requested by Mr. Walkusch) or option#3 (reduce the number of trucks and outside employees to two (2) each). It is staffs position that any modification to the USR to include the trucking component should fit under the parameters of the Class Two (Class II) Home Occupation definition/requirements. These requirements are as follows: "A Home Occupation—Class Two shall be conducted by the inhabitants of the Dwelling Unit plus up to 2 (two) external employees and comply with all criteria called out in the Home Occupation definition. Two (2) associated vehicles with two (2) axles can be included under this application. There shall only be incidental sales of stocks, supplies or products conducted on the premises. Signage: May consist of a maximum of one (1) non-illuminated sign no more than nine (9) square feet in size which must be attached to the face of the Dwelling Unit. Does not produce traffic volumes exceeding that produced by the Dwelling Unit by more than 16 average daily trips provided adequate off-street parking is provided. Please keep in mind that one vehicle produces two trips-one when arriving and one when leaving. Therefore, an average of only eight(8) cars can come to the property per day. Trips include those produced by the residents for any purpose related to conducting the business, the one employee, clients, deliveries related to the business, etc. Ordinarily, a Home Occupation—Class Two shall include uses similar to Hair Salon, Day Care, welding shop, Tax Preparation with customers, Day Care (with 7 or fewer children), provided it meets the criteria set forth." Staff considers any expansion beyond the parameters of the Home Occupation—Class Two requirements to be a major change to USR-1428 and should require an amended Use by Special Review Permit. Pursuant to the zoning laws of the State of Colorado and the Weld County Code, a public hearing will be held in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Centennial Center, 915 10th Street, First Floor, Greeley, Colorado 80631, at the times specified below. The complete case file may be examined by calling the Department of Planning Services at(970) 353-6100 ext. 3537 to make arrangements with the case planner, or at the office of the Clerk to the Board of County Commissioners, Weld County Centennial Center, 915 10th Street, Third Floor, Greeley, Colorado 80631. E-Mail messages sent to an individual Commissioner may not be included in the case file. For inclusion of any correspondence prior to the Board of Commissioners hearing E-mail egesick@co.weld.co.us. If a court reporter is desired for either hearing, please advise the Department of Planning Services or the Clerk to the Board's Office, in writing, at least five days prior to the hearing. The cost of engaging a court reporter shall be borne by the requesting party. In accordance with the Americans with Disabilities Act, if special accommodations are required in order for you to participate in this hearing, please contact the Department of Planning Services at (970) 353-6100 Ext. 3519, or the Clerk to the Board's Office at (970) 336-7215, Ext. 4226, prior to the day of the hearing. All cases scheduled before the Planning Commission or Board of County Commissioners are subject to continuance, due to lack of quorum or otherwise. Contact the Department of Planning Services or the Clerk to the Board's Office at the numbers above, for hearing continuance information. DATE: February 2, 2011 TIME: 9:00 a.m. APPLICANT: John Walkusch 12439 Highway 392 Greeley, CO 80631 PLANNER: Chris Gathman REQUEST: Consider Modifications to Use by Special Review Permit(USR) 1428 for a Use Permitted as a Use by Right, an Accessory Use, or Use by Special Review in the Commercial or Industrial Zone Districts (repair work on heavy duty trucks and farm equipment) in the A (Agricultural) Zone District to: 1) allow to park up to five (5) trucks and three (3) trailers associated with a gravel/dirt hauling business along with three (3) outside employees and 2) expand the exterior boundaries of USR 1428 to match the boundaries of Subdivision Exemption 485. LEGAL DESCRIPTION: Part of Subdivision Exemption 485; located in Part of the SW4 of Section 18, T6N, R66W of the 6th P.M., Weld County, Colorado LOCATION: Approximately 600-feet north of State Highway 392 and 1 mile east of CR 25. (See Legal Description for precise location.) SIZE: 2.5 acres, more or less. SURROUNDING PROPERTY OWNERS Proposed Modifications to USR-1428 SURFACE ESTATE LAND OWNERS Vivian Best& Edward Terrazas 12437 Highway 392 Greeley, CO. 80631 Roberta Feather, Carol Kunz & Jonathan Kunz 12435 Highway 392 Greeley, CO. 80631 King Farms LLC C/O Kevin King 21401 Friendly Bay Lane Nevis, MN. 56467 John & Marilyn Orth 33062 County Road 25 Greeley, CO. 80631 Wynona Thayer 1827 Michael Lane Fort Collins, CO. 80526 CERTIFICATE OF MAILING I hereby certify that I have hand-delivered a true and correct copy of the surrounding property owners in accordance with the notification requirements of Weld County in Case Number USR-1428 on the attached list this 22nd day of January, 2011. Daatted•the 22nd day of January, 2011. Chris Gathman Planner III WALKUSCH TRUCKING, INC. 12439 Hwy 392 Greeley, CO 80631 December 29, 2010 Weld County Building & Planning Attn: Chris Gathman 1555 N. 17th Avenue Greeley, CO 80631 RE: Walkusch Trucking,Inc., - USR Permit#1428 Dear Mr. Gathman: Please be advised I am writing this letter in regards to our conversation on December 29, 2010 at 8:45 am. You instructed that you would be willing to amend my current USR Permit #1428 for (2) trucks. We discussed during the November 22, 2010 meeting that a Class II Home Occupation allows for (2) trucks and (2) outside employees. The information you gave me today has already been established. You and I both know that I have been very forthcoming in letting you know that I have (5) trucks and (3) trailers currently in my possession on my property at 12439 Hwy 392. I can't give a definite date when the trucks will be sold due to the current state of the economy. Trust me if I could sell them today I would it would alleviate the stress from this situation. I would like to get a fair price for my vehicles considering that if I close my business I will need the money to pay off other expenditures the business has incurred. You expressed to me that I am in violation because of a complaint that was phoned in this summer, however, that person my neighbor, Carol Kunz, has not been present at the meetings. She filed the complaint because if we were going to use the driveway for commercial use she either wanted myself or my neighbor to mow her lawn for free or give her beer in order for the matter to go away. I wasn't willing to do either and neither was my neighbor, Ed Terrazas, Grow Green Landscaping. She has not attended any of the meetings so why am I in violation when she isn't pursuing the matter further? If you pursue me for violation are you going to go around and police all of the other businesses in Weld County that are non-compliant? I expressed in the meeting on November 22, 2010 that I would be willing to change my property to commercial if that would help without increasing my out of pocket expenses. But if Weld County considers the land commercial would I still be allowed to live there? My current status on employees is none of them have worked since before Thanksgiving and it doesn't look like they will be working in the coming year. If I had any employees coming to work on a regular basis it would be (4) including myself. I understand that your position is that it is either black or white regarding code compliance but in today's economy there are so many variables that I am facing just trying to operate a business that is not generating any income. I still need to purchase insurance, workers' compensation, license plates and follow State and Federal guidelines. I feel very pressured and discriminated against because someone lodged a complaint and then didn't follow up. Now, you are expecting me to comply when others in Weld County are not simply because someone has not formally lodged a complaint against them. Mr. Gathman, Commissioner Kirkmeyer, and Chair Rademacher gave an additional (60) days to find a resolution to the original USR Permit#1428 and to find out why the trucks were not included. I keep asking questions that I don't get answers for and it is extremely frustrating. When I asked you today how is the portable bathroom on my site was any different that if the employees were on a jobsite? Once again you couldn't answer me. When I asked you why am I in violation you indicated it was because someone lodged a complaint. That is not an answer. I can tell you my blood pressure sky rocketed after our conversation today because it is very clear to me you would rather be part of the problem than the solution. Your people skills and being empathetic to the situation and trying to resolve it are non-existent. You once again gave me a problem with no solution. I am in violation but what can be done to resolve it? This is way too much brain damage for all parties concerned. In closing I wish a speedy resolution to the situation that all parties can agree on. I feel like so much time and energy has been wasted on arguing about the problem when we should be more focused on a resolution. I have already spent over $40,000. trying to come into compliance when I applied for #1428. I am pleading to modify, change or enhance the current USR Permit #1428 so that I might continue to operate until the vehicles can be sold. Respectfully yours, John Walkusch cc: Commissioner Kirkmeyer Chair Rademacher Chris Gathman From: Nice-Idler, Gloria [Gloria.Nice-Idler@DOT.STATE.CO.US] Sent: Monday, January 24, 2011 11:01 AM To: Chris Gathman Subject: RE: Proposed Changes to USR-1428 -Walkusch Chris, Maybe it would help the County if we had Mr. Walkusch obtain an access permit for all of his traffic. It would provide us with a baseline for the future. I would be willing to waive the fee. What do you think? Gloria Hice-Idler Permit Supervisor CDOT Region 4 1420 2nd Street Greeley CO 80631 (970) 350-2148 Original Message From: Chris Gathman fmailto:cgathmarOco.weld.co.usl Sent: Friday, January 21, 2011 3:25 PM To: Hice-Idler, Gloria Subject: Proposed Changes to USR-1428 - Walkusch Gloria, Staff has been having ongoing discussions with Mr. John Walkusch. He was approved for a Use by Special Permit (USR-1428) in 2004 for a vehicle repair business. The issue is that evidently Mr. Walkusch was also operating a dirt/gravel hauling business on this site that was never called out in his original USR. I cannot verify this as none of these trucks were onsite when I did my original field check in 2004. We originally tried to direct Mr. Walkusch to submit an amended USR but he decided not to submit the application (after 2-3 month of delay) so we scheduled him for a probable cause before the County Commissioners in November. The County Commissioners directed staff to work with Mr. Walkusch to try to find a way to incorporate his additional trucks without going through a full blown USR process. We have scheduled Mr. Walkusch for a 9 AM hearing on February 2nd before the Board of Commissioners (see the last attachment) to consider his addition of additional trucks and employees as a modification to his USR (without going through the full blown USR process) . I am now trying to figure out any conditions of approval should this modification get approved. Question: Would this modification (if approved) require Mr. Walkusch to get a new access permit? (See attachment 20040824.001 - these are your original referral comments for USR- 1428) Sincerely, Chris Gathman Planner III Weld County Department of Planning Services 1555 N. 17th Avenue, Greeley CO. 80631 Ph: (970)353-6100 ext. 3537 1 Wei.d ) SH 3RD 6 $3Weld County Planning Denartment `'i. GREELEY OFFICE ZCOUMYI1D • 62 L9-2 April 21, 2003 Ilik ...., COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant John Walkusch Case Number USR-1428 3 Please Reply By May 12,2003 Planner Chris Gathman Project Site Specific Development Plan and a Special Review Permit for a Use by Right, E Accessory Use or Use by Special Review in the Commercial on Industrial Zone t. Districts (repair work on heavy duty trucks and farm equipment). Legal SE-485;part SW4 Section 18,T6N, R66W of the 6th P.M.,Weld County, 1/1 Colorado. v) ""�� Location Approximately 600 feet north of Hwy 392; 1 mile east of CR 25. V •-....."—% el Number 0805 18 000044 (d The application Is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Weld County Planning Commission Hearing (if applicable) June 3,2003 Z 0 We have reviewed the request and find that it does/does not comply with our Comprehensive Plan C O We have reviewed the request and find no conflicts with our Interests. •— ❑ See attached letter. • Comments: l4's rut{ &at uWhet+ 41-1- pry-rlt, La (Jim bythre -HIi3 proposal . tIe-fgfl ROW is 16' nnf4- of 4-kg kiwi. rink/fib ',to ,� Arid if Th 4ta is vnl AMt U-Si Ly ittP ACC 255 LS pproposed Signature 11 talk_ Date 4/44-A5 Agency 01 Accoss 666 r +Weld County Planning Dept. 01555 N.17th Ave.Greeley,CO.80831 4(970)353-6100 ext.3540 +(970)304-6498 fax Chris Gathman From: Chris Gathman Sent: Monday, December 13, 2010 12:11 PM To: 'Colleen walkusch' Subject: Minor Amendment to USR John, We had an extensive staff discussion re: amending the boundaries and amending your approved USR to allow additional trucks and outside employees (associated with gravel hauling. . . ) on the site. Staff's determination is that we could consider (2) two trucks associated with the hauling operation (along with two outside employees) - as a minor amendment to the USR. This would be roughly consistent with our Class II Home Occupation requirements (the one difference is that there is a two axle limit under the Class II home occupation) . The expansion of the USR boundary would be incorporated into the amendment as well. Staff's position is that allowing more than two (2) trucks and/or outside employees would go outside the scope of a minor amendment and would require a full amendment of the USR application (like what was discussed in our pre-application meeting in July) . To proceed with the minor amendment - our office would simply need a letter request to amend the USR to include the additional two (2) trucks and two (2) employees. This request would be heard by the Board of County Commissioners where the request would be reviewed and the Board would make the final decision to grant the minor amendment. Additionally, surrounding property owners would be notified of the meeting and would have the opportunity to attend the meeting and speak on the matter if they chose. Please note: staff is in the process of amending our county code to formalize this minor amendment process. At this point there is no fee for this process - but if these code changes are formally adopted by the Board of County Commissioners (anticipated adoption date of March or April) - there will be an application fee associated with the minor amendment process. Let me know if you have any questions. Sincerely, Chris Gathman Planner III Weld County Department of Planning Services 1555 N. 17th Avenue, Greeley CO. 80631 Ph: (970)353-6100 ext. 3537 Fax: (970)304-6498 1 MEMORANDUM VC DATE: PA10-062; ase File, pre July -application 23, 2010 COLORADO FROM: Kris Ranslem, Planning Technician SUBJECT: Pre-Application Meeting prior to submitting An Amendment to USR-1428 Attendees: John Walkusch, Applicant Don Carroll, Public Works Lauren Light, Environmental Health Ken Swanson, Building Chris Gathman, Planning Kris Ranslem, Planning On Friday, July 23, 2010 an informal discussion took place at the Greeley Administrative Offices Conference Room regarding an existing staging area for trucks. (The legal description is Part of the SW4 of Section 18, T6N, R66W of the 6" P.M.; Situs Address is 12439 Hwy 392) Background Information: Under USR-1428, the applicant is permitted to operate a repair service for agricultural equipment. The applicant also operates a trucking business which hauls, dirt, sand, and gravel and keeps his trucks parked on the property overnight. The applicant indicated that this trucking business was in operation at the time of approval for USR-1428; however according to the case file,the request did not include the staging of trucks nor outside employees to drive the trucks on this property. Building Department If the applicant plans to build any structures or buildings, application for building permits will need to be submitted. Health Department The applicant indicated that the trucking business operates less than six (6) months and provided portable toilets currently. Staff stated that if the business is operated less than six months, the portable toilets are acceptable. Public Works A Site Map identifying the parking area and circulation will need to be provided. Documentation on the private easement must be submitted. Access to the site is from State Highway 392 which is under CDOT jurisdiction. No traffic study is required; however staff suggested that the applicant talk to Janet Carter, Traffic Engineer for Public Works at 970-304-6496 extension 3726 for any concerns. l _ 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. Planning Department Staff stated that the biggest concern seems to be regarding the private easement. Typically, the applicant needs to receive approval for the use of the easement for the trucking business from adjacent landowners; however the applicant stated that this business was operating during his repair service business. Staff stated that they will talk to Weld County Attorney to see if approval is still required. Upon recent determination from Weld County Attorney, the USR boundary will need to meet the entire property boundary. The applicant expressed concern over enlarging the USR boundary to meet the property boundary as the property taxes will increase. Staff stated that they will seek clarification on that issue. Staff indicated that Mr. Walkusch would have 60 days (by September 23rd) to submit his USR application to address the trucking component of the business and the expansion of the USR boundary. Staff urged the applicant to contact staff for any questions: Planner On Call available Monday through Thursday 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 maybe 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. RESOLUTION RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1428 FORA USE PERMITTED AS A USE BY RIGHT,AN ACCESSORY USE, OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS (REPAIR WORK ON HEAVY DUTY TRUCKS AND FARM EQUIPMENT) IN THE A(AGRICULTURAL)ZONE DISTRICT -JOHN AND DENISE WALKUSCH WHEREAS,the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS,the Board of County Commissioners held a public hearing on the 7th day of April,2004,at the hour of 10:00 a.m.in the Chambers of the Board for the purpose of hearing the application of John and Denise Walkusch, Highway 392,Greeley,Colorado 80631,for a Site Specific Development Plan and Use by Special Review Permit#1428 for a Use Permitted as a Use by Right,an Accessory Use,or Use by Special Review Permit in the Commercial or Industrial Zone Districts(repair work on heavy duty trucks and farm equipment)in the A(Agricultural)Zone District on the following described real estate, to-wit: Subdivision Exemption#485;being part of the SW 1/4 of Section 18,Township 6 North, Range 66 West of the 6th P.M., Weld County, Colorado WHEREAS,said applicant was present at said hearing, and WHEREAS,Section 23-2-230 of the Weld County Code provides standards for review of said Use by Special Review Permit, and WHEREAS,the Board of County Commissioners heard all of the testimony and statements of those present,studied the request of the applicant and the recommendations of the Weld County Planning Commission and all of the exhibits and evidence presented in this matter and,having been fully informed,finds that this request shall 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 Board of County Commissioners that the applicant has shown compliance with Section 23-2-230.8 of the Weld County Code as follows: a. Section 23-2-230.6.1—The proposed use is consistentwith Chapter 22 and any other applicable Code provisions or ordinances in effect. Section 22-2-60.A.1 (A.Goal 1)promotes the preservation of prime farmland for agricultural purposes which foster the economic health and continuance of agriculture. The proposal does not effect the productivity of the site. b. Section 23-2-230.6.2—The proposed use is consistent with the intent of the A(Agricultural)Zone District. 2004-0818 PL1709 (�0 ; PL, peg /74Ce)op 79P6'G SPECIAL REVIEW PERMIT#1428-JOHN AND DENISE WALKUSCH PAGE 2 c. Section 23-2-230.B.3--The uses which will be permitted will be compatible with the existing surrounding land uses. d. Section 23-2-230.6.4—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. e. Section 23-2-230.8.5—The site does not lie within any Overlay Districts. f. Section 23-2-230.B.6—The applicant has demonstrated a diligent effort to conserve prime agricultural land in the locational decision for the proposed use. g. Section 23-2-230.6.7 — The Design Standards (Section 23-2-240, Weld County Code),Operation Standards(Section 23.2-250,Weld County Code), Conditions of Approval,and Development Standards ensure that there are adequate provisions for the protection of the health,safety,and welfare of the inhabitants of the neighborhood and County. NOW,THEREFORE,BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application of John and Denise Walkusch for a Site Specific Development Plan and Use by Special Review Permit#1428 fora Use Permitted as a Use by Right, an Accessory Use,or Use by Special Review Permit in the Commercial or Industrial Zone Districts (repair work on heavy duty trucks and farm equipment)in the A(Agricultural)Zone District on the parcel of land described above be, and hereby is, granted subject to the following conditions: 1. Prior to recording the plat: A. The applicant shall address the requirements of the Colorado Department of Transportation(CDOT)as outlined in its referral received May 1, 2003. Written evidence of CDOT approval shall be submitted to the Department of Planning Services. B. The applicant shall attempt to address the requirements of the Windsor-Severance Fire Protection District, as outlined in its referral received May 12,2003.Written evidence of such shall be submitted to the Department of Planning Services. C. The applicant shall attempt to address the recommendations of the City of Greeley,as outlined in its referral received May 1,2003. Written evidence of such shall be submitted to the Department of Planning Services. 2004-0818 PL1709 SPECIAL REVIEW PERMIT#1428-JOHN AND DENISE WALKUSCH PAGE 3 D. A Building Permit shall be obtained for the existing buildings associated with the use unless evidence can be submitted that a permit and all required inspections were performed. Building Permit applications shall include all uses to which the buildings are, or will be, used. A plot plan shall be submitted showing all structures with accurate distances between structures, and from structures to all property lines. E. A Plan Review is required for each building for which a Building Permit is required. Plans for the shop shall include a floor plan and a complete description of the extent of the work that will be done to repair vehicles. Two complete sets of plans are required when applying for each permit. F. The applicant shall abandon the cesspool in accordance with Weld County Code. Written verification or physical evidence that the cesspool has been properly abandoned shall be submitted to the Weld County Departments of Planning Services and Public Health and Environment. G. Submit a Dust Abatement Plan to the Environmental Health Services Division of the Weld County Department of Public Health and Environment, for approval prior to operation. H. The applicant shall submit a Waste Handling Plan, for approval, to the Environmental Health Services Division of the Weld County Department of Public Health and 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). The applicant shall submit a Screening Plan for review and approval by the Department of Planning Services. Types and height of screening materials shall be delineated in the Screening Plan. J. The West Soil Conservation District has provided information regarding the soils on the site. The applicant shall review the information and use it to positively manage on-site soils. K. The applicant shall attempt to address the recommendations of the Weld County Sheriffs Office, as outlined in its referral dated June 13, 2003. 2004-0818 PL1709 SPECIAL REVIEW PERMIT#1428-JOHN AND DENISE WALKUSCH PAGE 4 L. The existing semi trailers stored on the properly shall be screened from adjacent properties and rights-of-way, and shall be currently licensed. Evidence of such shall be submitted to the Department of Planning Services. M. The plat shall be amended to delineate the following: 1) The plat shall be labeled USR-1428. 2) The attached Development Standards. 3) The proposed internal traffic circulation pattern shall be indicated. 4) The applicant shall address the requirements of the Americans with Disabilities Act (ADA) on the plat. A minimum of one (1) handicapped space is required. Typically,one parking space shall be van accessible with a five-foot wide landing between parking spaces. Access from the parking area into the structure shall be indicated. 5) The approved Screening and Buffering Plan. N. The applicant shall submit two(2)paper copies of the plat for preliminary approval to the Weld County Department of Planning Services. 2. Upon completion of Condition of Approval#1 above, the applicant shall submit a Mylar plat,along with all other documentation required as Conditions of Approval. The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by the Department of Planning Services. The plat shall be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code. The Mylar plat and additional requirements shall be submitted within thirty(30)days from the date of the Board of County Commissioners Resolution. The applicant shall be responsible for paying the recording fee. 3. The Department of Planning Services respectfully 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 maosaco.weld.co.us. 4. The Use by Special Review activity shall not occur, nor shall any Building or Electrical Permits be issued, until the Use by Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder. 2004-0818 PL1709 SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS JOHN AND DENISE WALKUSCH USR#1428 1. The Site Specific Development Plan and Use by Special Review Permit#1428 is for a Use Permitted as a Use by Right, an Accessory Use, or Use by Special Review in the Commercial or Industrial Zone Districts (repair work on heavy duty trucks and farm equipment)in the A(Agricultural)Zone District,as indicated in the application materials on file and subject to the Development Standards stated hereon. 2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County Code. 3. All equipment and vehicles to be repaired shall be stored inside existing buildings and/or within the fenced storage area. 4. No outside repair or maintenance/oil changes shall be conducted with the exception of routine maintenance. T 5. The off-street parking spaces, including the access drive,shall be surfaced with gravel or equivalent and shall be graded to prevent drainage problems. Each parking space adjacent to the building shall be equipped with a wheel guard or curb stop where necessary to prevent from extending beyond the boundaries of the space and from coming into contact with other vehicles, walls,fences, or plantings. 6. The historical flow patterns and run-off amounts will be maintained on site in such a manner that 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. 7. All liquid and solid wastes,as defined in the Solid Wastes Disposal Sites and Facilities Act, Section 30-20-100.5,C.R.S.,shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination, 8. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites and Facilities Act, Section 30-20-100.5, C.R.S. 9. 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. 10. In accordance with the Underground and Above Ground Storage Tank Regulations(7 CCR 1101-14)a spillage retention berm shall be constructed around the tank battery. The volume retained by the spillage berm should be greater than the volume of the largest tank inside the berm. Alternative protective measures maybe allowed provided theycomplywith the Above Ground Storage Tank Regulations. 2004-0818 PL1709 DEVELOPMENT STANDARDS -JOHN AND DENISE WALKUSCH (USR#1428) PAGE 2 11. 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. 12. This facility shall adhere to the maximum permissible noise levels allowed in the Residential Zone as delineated in Section 25-12-103, C.R.S. 13. All potentially hazardous chemicals must be stored and handled in a safe manner in accordance with product labeling and in a manner that minimizes the release of hazardous air pollutants and volatile organic compounds. 14. The applicant shall operate in accordance with the approved Waste Handling Plan. 15. Adequate hand washing and toilet facilities shall be provided. 16. Any septic system located on the property must comply with all provisions of the Weld County Code pertaining to Individual Sewage Disposal Systems. 17. A permanent,adequate water supply shall be provided for drinking and sanitary purposes. 18. Effective January 1,2003,Building Permits issued on the lot will be required to adhere to the fee structure of the County-Wide Road Impact Program. 19. The screening on site shall be maintained in accordance with the approved Screening Plan, 20. The Use by Special Review Permit shall not be transferable to any successors in interest to the prescribed property and shall terminate automatically upon conveyance or lease of the property to others for operation of the facility. 21. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240, Weld County Code. 22. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250,Weld County Code. 23. Weld County Personnel 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 Development Standards stated herein and all applicable Weld County regulations. 24. The Use by Special Review area shall be limited to the plans shown hereon and governed by the foregoing standards and all applicable Weld County regulations. Substantial changes from the plans or Development Standards as shown or stated shall require the approval of an amendment of the Permit by the Weld County Board of County Commissioners before such changes from the plans or Development Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 2004-0818 PL1709 DEVELOPMENT STANDARDS-JOHN AND DENISE WALKUSCH (USR#1428) PAGE 3 25. The property owner or operator shall be responsible for complying with all of the foregoing Development Standards. 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A.t-. i fr_ s e� a t"r ' lil is 1 i ill E ` is ,! 3 lF 1lla ° p '�...�t a t t t Y +' �I ;, a 11 t 1 ai g iy: 1 .Ph i'# r,rr IT 3!t ri s +f i t f as at ;Es s ORIGINAL WALKUSCH USR ( USR- 1428 ) APPLICATION DEPARTMENT OF PLANNING SERVICES 1555 N. /th Avenue,Greeley, CO 80631 Orr '.c ..a `' Phone (970)353-6100, Ext.3540, Fax(970)304-6498 USE BY SPECIAL REVIEW APPLICATION n �tCJ Application Fee Paid Receipt# Date Recording Fee Paid Receipt# Date Application Reviewed by: TO BE COMPLETED BY APPLICANT: (Please print or type,except for necessary signature) LEGAL DESCRIPTION OF SPECIAL REVIEW PERMIT AREA: 5W 1c See 18 '1' 6N. R 66W PARCEL NUMBER:0 8 0 8 1.$Q Q_ _A.(12 digit number-found on Tax 1.O. Information or obtained at the Assessor's Office. Section 18 ,T 6 N, R 66 W-Total Acreage 2.59 Zone District A Overlay Zone n/n Property Address(if available) 12439 Hwy 999, Creel ey.. rn 80611 Proposed Use Residential/Business SURFACE FEE (PROPERTY OWNERS)OF AREA PROPOSED FOR THE SPECIAL REVIEW PERMIT Name: John Knr1 Wniknsrh Address: 12499 Hwy 192 City/State/Zip: nra^1^y, rn Home Tetephone: 686-7967 Business Telephone n/a 80631 Name: Denise Lenore Walkusrh Address: 12439 Hwy 392 City/State!Zip: Greeley, CO 80631kome Telephone:686-7967 Business Telephone n/a APPLICANT OR AUTHORIZED AGENT(if different than above) Name: Address: 9259 Ea.,t..ie..raik D.i - City/State/Zip: Windnnr CO BOSSO Home Telephone: n/a Business Telephone: („- 4,rRR-5.=r,-r-- DEPARTMENT OF PLANNING SERVICES USE ONLY Case# _ Floodplain: ❑ Yes ❑ No Geologic Hazard: ❑ Yes ❑ No I hereby state that all statements and plans submitted with the application are true and correct to the best of my knowledge. tide Rev: 1-4-01 S' ature: Owner or A vized Agent EXHIBIT 5 2004-0822 --- - USE BY SPECIAL REVIEW QUESTIONNAIRE i" The following questions are to be answered and submitted as part of the USR application. If a question does not pertain to your use, please respond with"not applicable",with an explanation as to why the question Is not applicable. 1. Explain,in detail,the proposed use of the property. Repair work on foreign, domestic medium & heavy duty trucks & farm equipment 2. Explain how this proposal is consistent with the Intent of the Weld County Code,Chapter 22.no agriculture 1 gnd wl2 a ag ected, proposed facility benefits surrounding agricultural properties 3. Expefainil'how this proposal is consistent with the intent of the Weld County Code,Chapter 23 and the zone district in which it is located. Proposal is for equipment storage & repair of domestic farm equipment- consistent with Weld County Code #23-4-420 4. What type of uses surround the site? Explain how the proposed use is consistent and compatible with surrounding land uses. Agriculture, would be able to repair vechicle s & farm equipment for area residence's 5. Describe, in detail,the following: a. How many people will use this site? i b. How many employees are proposed to be employed at this site? 1 c. What are the hours of operation? 8:00am - 5:00pm d. What type and how many structures will be erected (built)on this site? None / Existing structure to be used e. What type and how many animals, if any,will be on this site? 0 f. What kind (type, size,weight)of vehicles will access this site and how often? Same as answer #1, 2,000 - 23,0001b vechicles g. Who will provide fire protection to the site? Windsor/Severance Fire District h. What is the water source on the property? (Both domestic and irrigation). North Weld County Water District What is the sewage disposal system on the property? (Existing and proposed).Septic If storage or warehousing is proposed, what type of items will be stored?N/A 6. Explain the proposed landscaping for the site. The landscaping shall be separately submitted as a landscape plan map as part of the application submittal. Exsisting Landscape 7. Explain any proposed reclamation procedures when termination of the Use by Special Review activity occurs.Not changing any landscape, reclamation wouldn't be needed 8. Explain how the storm water drainage will be handled on the site. Natural Runoff 9. Explain how long it will take to construct this site and when construction and landscaping is scheduled to begin. Exsisting Building / N/A 10. Explain where storage and/or stockpile of wastes will occur on this site. Trash container, Scrap iron Trailer, located at the North end of the property • n 9 • n h FOR COMMERCIAL SITES,PLEASE FILL OUT THE FOLLOWING INFORMATION BU (ESS EMERGENCY INFORMATION: Business Name: Walkusch Trucking & Repair Phone: 970-686-7967 Address: 12439 Hwy 392. Greeley. CO 80631 Business Owner: John Walkusch Phone: 970-686-7967 Home Address: 12439 Hwy 392 City: Greeley. CO 80631 List three persons in the order to be called in the event of an emergency: NAME TITLE ADDRESS PHONE Gunter Walkusch Father - 842 W. 10th Loveland, CO 970-667-0914 Jon Kunz Neighbor 12435 Hwy 392, Greeley, CO 970-686-9068 Norman Emerson Neighbor 13237 WCR 66, Greeley, CO 970-686-1002 Business Hours: 8 to 5 Days: 6 Type of Alarm: None Burglar Holdup Fire Silent Audible Name and address of alarm company: N/A Location of Safe: N/A MISCELLANEOUS INFORMATION: Number of entry/exit doors in this building: 4 Location(s): All on the South Side of the Building 2 Walk-in doors & 2 Garade doors Is alcohol stored in building? No Location(s): Are drugs stored in building? No Location(s): Are weapons stored in building? No Location(s): The following programs are offered as a public service of the Weld County Sheriff's Office. Please indicate the programs of interest. Physical security check Crime Prevention Presentation UTILITY SHUT OFF LOCATIONS: Main electrical: Telephone Pole South Side of Property or ELetrir Panel inside SE walk in door Gas shutoff: NW outside corner of Building - Propane Tank - Friar water shutoff: Meter Pit at driveway entrance off of Hwy 392 Interior water shutoff: Inside SE Walk-in door 6 AGREEMENT _ This Agreement entered into this,.I/ day of March, 1994 by and between ,lol,n Orth and Marilyn J. Orth (Orths) and awrence llertzke and Rick Hertzke (Rerteke); WHEREAS, Orths are the owners of property described as: Lot B of Amended Recorded Exemption No. 0805-18-3-RE 825, recorded November 29, 1990 Sn Book 1283 under Reception No. 2234328, Weld County Records, and located in the Southwest Quarter (SWIG) of Section Eighteen (18), Township Six (6) North, Range Sixty-six (66) West of the 6th P.M., County of Weld, State of Colorado. . WHEREAS, Hertekes have reserved a 20 foot access easement across a parcel of land described as: Lot A of 2nd Amended Recorded Exemption No, 0805.18-3-RE 825, recorded March 1, 1994 in Book 1429 under Reception No. 2376415, Weld County Records, and located in the Southwest Quarter (8411/4) of Section Eighteen (18), Township Six (6) North, Range Sixty-six (66), West of the 6th P,M„ County of Weld, State of Colorado. AM) WHEREAS, the parties hereto desire to provide for joint use and maintenance of a 20 foot access easement located between the above described properties. Said easement as shown on the recorded plate of the properties, NOW THEREFORE, both parties hereby agree that said access easement shall be used and maintained on an equal basis, with all the costs of maintenance to be shared equally between said parties, and all future owners of the above described lands. It is hereby agreed that this agreement shall be a covenant running with eta lands, end that this agreement shall be binding upon all parties hereto, the r heirs, successors and/or assigns. • JOHN�z II WIRENCE HE TR ZKE MARILYN JG1.L I l�`-"«-s'{ T TZK STATE OF COLORADO ) .ct1: d{ t-z`— ea J COUNTY OF WELD ) �yj ( -Sootf. V nn The foregoing instrument was ac nowledged before me this 14/ day of (`,4L4-1/ 19 9'J by /va,,,,e/y, if. O,I My Commission Expires: __NW/ S; ca 4) ?di/76 eery P lie L. G)1.: • . 440 STATE OP COLORADO ) t: f ss COUNTY OF WELD ) /r' The foregoing instrument was acknowledged.before me this 3/3I"'day of /y2t(:t 19 v )4 y by I Art ( , A', c4 /✓�+:(j/c.p O.40/ ,.�t.,,ft e, �tiC3/v jMy commission Expires: A,7/„, 2 oe 4 / Notary Public It is hereby agreed Ch., this agreement shall be a cove. '.at running with said lands, and that this agreement shall be binding upon all parties hereto, their heirs, successors and/or assigns. �/7�, //y7 .10 RTH MARILYN J.ciatTH Ms EH L. MYERS L 0 A HYERS e k• 3 L'.._...., r Ia. CI L E. FINNEC SJ �+/' /.� VALERIE K. FINNEGAN add J N KARla WALKUS QE ISE L ORE. WAL SCH STATE OP COLORADO ) •J7t,-(2., to' filet.r-- ) 88 CC! ' t7 , P i,,(t COUNTY OF HELD ) 3 , The foregoing instrument was acknowledged before me this /'7/ day of CJptrL 19'7 f by /l)tttie✓yn d. 6.1Yd. My Commission Expires: -JCUJ/t teKe. �� J ( �jC.C'44�) -'`i . l�y¢�tc y., "/70,1 74' It Lary public 500172”0177 '"p.LCO�7 T .• q‘ STATE OF (17(1/0,10/0 ) �; �!0T AIIY •••:d 1 �/ ) ss O 1 COUNTY OF G✓�1P4 I The foregoing 1 etrument�yas acknowledged before me this 7�'f 0i-tEQYlb sd//jat�L 19 9 d by , �, 0 4 Y-F� 'vocmeme�-"'�7� My Commission Expires: /.2//d'/97 - i.,,.,,)d ! en `i (/ac Notary Public /`- • a PL. COL STATE OF Lo/onadO ) yf'¢P .•. ep I es 1/ 't,PTr.1V :. COUNTY OF tick/ ) �(„/S .7Uti ides . ,✓ .a4C1 The foregoing��netrument was acknowledged before me this 3pf � nf • 19 ?I/by -r-ridl . /1/4440 r:nc/ d... 0/I(1. ?t ve La.� t :,c,i; - ' My Commission Expires: /.2/x`/97 ( °Wmu Notary Public ¢PL CO kN n it, ,......, ph STATE OF ( "d lJAne�o ) eJ: i1T PF Y '._ COUNTY OF eilid ) ;kill The foregoing instrument was acknowledged Before my this .Sri 7{ ti day o �✓-J�t=� 19 9B/by (24a'L&?, E. Fvr,tya.. Otte( l te..v d'b,}' l'� ( V''Vl1LNl�d.'.Y.. My Commission F.zpfres: /02//fifty C C. SNotary y 1_ C uG 1 STATE OF (/'d 7040.(10 ) , / ) se COUNTY OF 'W/,E7 ) 1 L The foregoin$ instrument wps4scknowledged be ore me his fJ'T(ti.. n,7eY of lryTa^r� 19 9y by ✓ /la.tF C✓n-�,E rc:e� n.lc/ � W Oss G✓4-11(1 .a01.--- My Commissi✓✓✓on Expires: /1//8197 CX C ��"`�`'`j 2 Notary Pnhlic AGREEMENT // This agreement entered into this 'I) day of March, 1994, between John Orth and Marilyn J. Orth (Orths), L.d L. Myers and Leona Myers (Myers), Charles E. Finnegan and Valerie K. Finnegan (Finnegans) and John Karl Walkusch and Denise Lenore Walkusch (Walkusch); WHEREAS, Orths are the owners of property described as: Lot B of Amended Recorded Exemption No. 0805-18-3-RE 825, recorded November 29, 1990 in Book 1283 under Reception No. 2234328, Weld County Records, and located in the Southwest Quarter (SW1) of Section Eighteen (18), Township Six (6) North, Range Sixty-six (66) West of the 6th P.M„ County of Weld, State of Colorado. WHEREAS, Myers are the owners of property described as: A tract of land located in the Southwest Quarter (SW1) of Section Eighteen (18), Township Six (6) North, Range Sixty.six (66) West of the 6th P.H., County of Weld, State of Colorado, being more particularly described as follows: Commencing at the South Quarter Corner (S1t Cor) of said Section 18 and considering the Ease Line of said Southwest Quarter (SW1) to bear North 02° 48' 32" East with all other bearings contained herein being relative thereto; thence North 02° 48' 32" East, 34.01 feet to a point on the North Line of Colorado State Highway 392; thence South 89° 57" 30" West, 271.66 feet along said North Line; thence North 02° 48' 32" East, 490.27 feet; thence North 08° 56' 14" West, 179.90 feet; thence North 86° 52' 52" East, 309.61 feet to a point on the East Line of said Southwest Quarter (SW1); thence South 02° 48' 32" West, 684.87 feet to the True Point of Beginning, WHEREAS, Finnegans ate the owners of property described as: Lot A of 2nd Amended Recorded Exemption No. 0805-18-3-RE 825, recorded March 3, 1994 in Book 1429 under Reception No. 2376415, Weld County Records, and located in the Southwest Quarter (SW/) of Section Eighteen (18), Township Six (6) North, Range Sixty-six (66) West of the 6th P.M., County of Weld, State of Colorado. WHEREAS, Walkuschs are the purchasers of property described as: A tract of land being a part of Lot A of Amended Recorded Exemption No. 0805-18-3-RE 825, recorded November 29, 1990 in Book 1283 under Reception No. 2234328, Weld County Records, and located In the Southwest Quarter (SW1) of Section Eighteen (18), Township Six (6) North, Range Sixty-six (66) West of the 6th FJN., County of Weld, State of Colorado, and being more particularly describediaa follows: Commencing at the South Quarter Corner (S14 Cor) of said Section 18 and considering the East Line of said Section 18 to bear North 02° 481 32" East, with all other bearings contained herein relative thereto; thence North 02° 48' 32" East, 718.88 feet along the East Line to the True Point of Beginning; thence South 86° 52' 52" West, 347.84 feet; thence North 02° 19' 32" East, 334.73 feet; thence North 88° 58' 52" East, 343.73 feet to the East Line of the Southwest Quarter (SW1) of said Section 18; thence South 03° 48' 32" West, 321.74 feet along said East Line to the True Point of Beginning. Being described as Subdivision Exemption No. 485 as per the plat recorded March 3, 1994 in Book 1429 under Reception No. 2376416, Weld County Records. WHEREAS, on the plats recorded March 3, 1994 in Book 1429 under Reception Noe. 2376415 and 2376416, there is shown a 30 foot access easement extending from Colorado State Highway 392 first in a Northerly direction, then in an Easterly direction. AND WHEREAS, the Parties hereto desire to provide for Joint use and maintenance of said access easement; NOW THEREFORE, all Parties hereby agree that said access easement shall be used and maintained on an equal basis, with all the costs of maintenance to be shared equally between said parties, and all future owners of the above described lands. 1 Weld County Planning Department GREELEY OFFICE FEB 1 1 2003 (4RECEIVED TO: Chris Gathman, Weld County Department of Planning Services W FROM: Lee D. Morrison,Assistant Weld County Attorney `ge DATE: February 10,2003 COLORADO SUBJECT: John and Denise Walkusch- VI-0100240 I have reviewed the attached materials from Mr. Walkusch regarding the non-exclusive access easement he relies upon to access the property. I had previously suggested that more information was needed because of a concern on my part that the use contemplated in the USR application might be claimed to be an expansion of the existing easement. My concerns have been ameliorated by the information Mr. Walkusch has provided me. That does not necessarily mean that the access is physically adequate,nor does it mean that other parties might not still challenge the use of the easement but it does mean that, in my opinion,there is not a substantial increase in the burden on the easement such that it would prevent the business as proposed from using the easement. He has indicated that two of the three parties sharing the easement with him have no objection and that the third party(Orth)no longer uses the easement. The easement is partially on Orth's property, but is separated the remaining property by a ditch lateral. It was previously used by Orth to access a portion of his property to the East of Walkusch, but that access has been fenced off by Orth and is unused(See photos 3 and 4). Mr. Orth has declined to contribute to maintenance of the easement and has a separate access to his property. Mr. Walkusch observed the traffic usage for his property as 14 round trips per day and the other two properties combined, generating 13 round trips per day. He indicates that the structures on his property could and previously did accommodate agricultural implements and the number of trips per day would be equivalent for a use by right for agricultural purposes. Lee D. 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I: 1.1 CI -' ''' ; Nr ,: • • ' • ., _ • a3 1 Y Sig.ma .• • T • . ...-, \ �y� m • �. . -'t . .- , r Site Photos of Walkusch Property : 11 / 19/2010 „ 9 y . f a .. _--.. ,rte,�^.. 144 114F Or i its. ,_ 1 irva k,°r A,a A]t , ill,l +^ 1 r • ,,, 11 Y Q F ,..: 1111 Is r C r d, ,.1„.. It...-...„..:: 3A. Y a r ._, k. H' . p`: _p"o :, b"x Y : il i . . s i wq "v!. WALKUSCH ZONING VIOLATION SUMMARY ( 2001-2004) Accela Automation: GetPerSet250 - T8068-D Page 1 of 3 Menu Favorites Help Logout 4 Weld County, Colorado User ID: CGATHMANt: ' -:.57;„1-';!•'1-C:, ACCE SmartManager Property People Fees Cashier Workflow Attachments Inspection Reports Prefere 'Tickler Fi2k9R-Lo`#IN!p3P a nil SmartNotice Case #: VI-0100240 CED Case Type: Enforcement/ Zoning/ New Enforcement Case/ New Address: 12439 HY 392, COLORADO, CO Owner Name: WALKUSCH JOHN & DENISE Owner Address: 12439 HIGHWAY 392, GREELEY, CO 80631 Violator Name: Please see the Case Summary page for a complete list of violators. Parcel No.: 080518000044 File Date: 08/14/2001 Case Detail: Detail Case Comments: Comments Licensed Professionals Info.: Case Spec Info.: COMPLAINT DETAIL Animal Units / Livestock: Commercial Vehicle: Home Occupation: Illegal land split: Kennel / Household Pets: Mobile Home Without ZPMH: No Site Plan Review: NCU Expansion: Noncommercial Junkyard: Noncompliance w/ SPR: Use Not Allowed: USR: ZPMH Violation: 4% Rule: Derelict Mobile Home: Setback/offset: Signs: Abatement: No Building Permit: No Electric Permit: No M.H. permit: Reference Building Permit: Permit Expired: Stop Work: Unsafe Structure: Other: Other:: GENERAL PERMIT INFO File Location: North https://accela-web.co.weld.co.us/operations/permit/index.cfm?FU SEACTION=GetPerSet2... 1/27/2011 Accela Automation: GetPerSet250 - T8068-D Page 2 of 3 OTHER DETAILS Office: Complaint Description: Auto Repair Shop w/out a USR **10/21/0 Violation. B)5 Base Information 5 Day Letter: 08/14/2001 App Type: WCV BCC Vio: 11/13/2001 Class Code: VI-6 Class Code Desc: BUSINESS Closed BCV: 10/21/2004 Closed VI: 10/21/2004 Complaint: 07/26/2001 Init 5 Day Letter: B)5 Init BCC Vio: 5)5 Init Closed VI: BJS Init Complaint: B)5 Init Inspection: 5)5 Init Issued: BJS Inspection: 08/30/2001 Issued: 08/27/2001 Location: 12439 Highway 392 WEL Sec/Twn/Rng: 18 06 66 Status: CLOSED Written By: BJS Zoning Dist: AGRI Zoning Information 02-Legal Desc (1): 17846-E PT SW4 18 6 02-Legal Desc (2): 66 BEG S4 COR SEC NO 02-Legal Desc (3): 2D48'E 718.88' TO TR 07-Setbacks Required N: 0 08-Setbacks Required S: 0 09-Setbacks Required E: 0 10-Setbacks Required W: 0 11-Sec/Twn/Rng: 18 06 66 14-Zoning Dist: AGRI 15-Acres: 0 16-Legal Lot: 0 17-Prior to Zoning: 0 18-Prior to Zoning Year: 0 19-> 80 Acres: 0 20-Rec Exemption: 0 21-RE Permit: 0 22-RE Conditions: 0 23-Sub Exemption: 0 24-SE Permit: 485 25-SE Conditions: 0 26-Use Special Review: 0 27-USR Permit: 0 28-USR Conditions: 0 29-Planned Unit Development: 0 30-PUD Permit: 0 31-PUD Conditions: 0 32-Subdivision: 0 33-Subdivision Permit: 0 34-Subdivision Conditions: 0 35-Change of Zone: 0 36-Change of Zone Permit: 0 37-Change of Zone Condition: 0 38-Site Plan Review: 0 39-Site Plan Review Permit: 0 https://accela-web.co.weld.co.us/operations/permit/index.cfm?FU SEACTION=GetPerSet2... 1/27/2011 Accela Automation: GetPerSet250 - T8068-D Page 3 of 3 40-Site Plan Review Conditions: 0 41-Board of Adjustment: 0 42-Board of Adjustment Permit: 0 43-Board of Adjustment Conditions: 0 44-Non-Conforming Use: 0 45-Non-Conforming Use Permit: 0 46-Non-Conforming Use Conditions: 0 47-Flood Hazard Dev: 0 48-Flood Hazard Dev Permit: 0 49-Flood Hazard Dev Conditions: 0 50-Geological Hazard: 0 51-Geological Hazard Permit: 0 52-Geological Hazard Conditions: 0 53-Manufactured Home: 0 54-Manufactured Home Permit: 0 55-Manufactured Home Conditions: 0 56-Violation: 0 57-Violation Permit: 0 58-Violation Conditions: 0 Case Spec Info. Table: Contact Info: Name Organization Contact Type Relationship Address Name WALKUSCH WALKUSCH JOHN& Applicant 12439 HIE JOHN& DENISE DENISE Description of Work: Auto Repair Shop w/out a USR **10/21/04 - USR-1428 Plat recorded. CLOSE Violatio Job Value: $0.00 Total Fee Assessed: $0.00 Total Fee Invoiced: $0.00 Balance: $0.00 Case Status: Closed Workflow Status: Task Status Status Date Complaint Violation BOCC Hearing Legal Action Closed Required Inspections: Condition Name Status Apply Date Phone Call Applied 01/14/2003 Phone Call Applied 01/14/2003 Condition Status: property Inspected Applied 07/26/2001 Property Inspected Applied 01/15/2003 Property_Inspected Applied 08/30/2001 Adhoc Task Status: Task Status Status Date https://accela-web.co.weld.co.us/operations/permit/index.cfm?FUSEACTION=GetPerSet2... 1/27/2011 Esther Gesick From: Chris Gathman Sent: Tuesday, February 01, 2011 7:04 AM To: Esther Gesick; Colleen walkusch Subject: FW: Waulkush FYI. Chris Gathman Planner III Weld County Department of Planning Services 1555 N. 17th Avenue, Greeley CO. 80631 Ph: (970)353-6100 ext. 3537 Fax: (970)304-6498 Original Message From: Bobbie Feather (mailto:bfeather6iskvbeam.comj Sent: Monday, January 31, 2011 4:08 PM To: Chris Gathman Subject: Waulkush John Waulkush is requesting approval of operating his business with semis and 3 employees, just as he has all along, illegally for years. The impact of his business has changed our country home into what it would be like living on the edge of a busy highway. No longer is our home the peaceful, lovely place we bought. The traffic on our driveway is horrendous, kicking up dust and rocks. We have counted 20+ cars speeding up the driveway in a time frame of 8am to 1pm. The drivers have no regard for their speed or that we have two small children, at times trying to cross the driveway to the barn. It is a nightmare. I'm wondering what CDOT would think of the large number of vehichles entering and exiting a private driveway. Through the years, Waulkush has widened our driveway, covering our pasture grass strip with road base without a thought to what anyone else wants but himself. Waulkush is aggressive and takes and does what he wants with no consideration for others. Because no authority has acted in a way that is thoughtful of we honest homeowners, we decided that we had no recourse but to sell our lovely home and move. We had our house on the market for 90 days. The prospective buyers liked our house and outbuildings very much but every one of them stated that they didn't want to live next to a business and didn't want to look at semis and trucks! So, what do we do? Will you help us? The planner mentioned that Waulkush complained that it was a financial hardship to cut back to the original agreement. That is interesting since they just bought a Cadillac Escalade! Please help! Roberta Feather MSCP HT tin ritOtr144 ie ArEr 1 WALKUSCH TRUCKING, INC. 12439 Hwy 392 Greeley, CO 80631 February 1, 2011 Weld County Building & Planning Attn: Chris Gathman 1555 N. 17th Avenue Greeley, CO 80631 RE: Walkusch Trucking, Inc., - USR Permit#1428 Dear Mr. Gathman: Please be advised I am in receipt of the email you forwarded to me from my next door neighbor, Bobbie Feather. She is the mother of Carol Kunz, the first person to complain about the drive way issue after we had a disagreement with them. Bobbie and Carol have joint tenancy at 12435 Hwy 392. Bobbie lives upstairs and Carol and her family live in the lower level. This acreage was originally an old farm house and he built two houses in close proximity to his house for his children. They wanted to sell and subdivided the property and the driveway is considered easement. • We do not have a horrendous traffic flow. The trucks haven't been running for several months, hence my employees on unemployment. The rocks that Ms. Feather is referring to does not happen when the driveway is packed hard with asphalt. As for the small children going to the barn Andy is 13 and Riley is 4. I don't know what parent would allow a 4 year to cross to the barn, or play in what is considered our street. • I did not widen the driveway, but time, erosion from the elements and road grading the driveway to decrease on the ruts has created the distance in the driveway. What Bobbie failed to mention is that I am not the only person that has worked on the driveway and created "the widening", as she mentioned. • Ms. Feather operates a home based business and I applaud her that she takes time out of her busy schedule to count cars when they go down the driveway and has the ability to see the rocks fly and the speed of the vehicles. What about the people that comes to her home for couples counseling? • John Kunz tenant in the lower level has also operated a repair facility in the barn and I never complained about his desire to make more money to support his family. EXHIBIT E3 4 • The vehicle my wife purchased has nothing to do with my business and she actually traded down in vehicles. Her employer of(20) years decided to retire early due to current economics. Bobbie originally signed off on the USR Permit 1428 when I applied for it. This has basically become a ridiculous situation between neighbors that probably will never be healed. But the constant backlash has not been positive for anyone. Unfortunately we as neighbors have no control on the amount of traffic each household is going to generate. As for her comments on her inability to sell her home I believe the economy might have played a factor in the real estate market. I honestly can't believe how petty this has all become from grown adults just struggling to make a living in very poor economic times. Respectfully yours, John Walkusch Hello