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Home My WebLink About20112774.tiff INVENTORY OF ITEMS FOR CONSIDERATION • Applicant Doris Cunningham Case Number USR-1785 Submitted or Prepared Prior to At Hearing Hearing \' 1 Staff Comments X Department of Planning Services Field Check Form X v Letter to Applicant X Legal Notifications X N 2 Application X Maps X Deed/Easement Certificate X Surrounding Property/Mineral Owners X Utilities X 3 Referral List X Referrals without comment X Town of Pierce referral received 5/20/2011 X Colorado Department of Transportation electronic mail referral received 5/25/2011 X E-mail referral from Colorado Parks and Wildlife received 9/12/2011 X • 4 Referrals with comments X Weld County Department of Public Works referral received 6/17/2011 X Weld County Department of Public Health and Environment referral dated X 6/14/2011 Weld County Zoning Compliance referral received 5/13/2011 X Weld County Department of Building Inspection referral received 6/20/2011 X Colorado Division of Water Resources referral received 6/28/2011 X \` 5 Surrounding Property Owners/Mineral Owners - Letters 6 PC Exhibits 6A Sign posting affidavit 0;6 inky- CArrn,,,,, ,) X 68 E-mail from Dusty& Sandy Winter received 8/7/2011 X 6C E-mail and attachments/photos from Steve Deines received 8/26/2011 (10 pages) X 6D E-mail from Phil Brewer received 8/29/2011 X �` 6E E-mail and attachments from De Simpson received 8/30/2011 X 6F Photograph of hay bales along north property line X N4 6G Letter from Timothy Podhajsky, MD in regards to Patsy Deines dated 9/6/2011 X 6H Letter from Colorado Department of Public Health& Environment re:APEN dated X • 9/27/2011 EXHIBIT 2011-2774 l�l5Q^1')85 I hereby certify that the 20 items identified herein were submitted to the Department of Planning Services at or prior to the • scheduled Planning Commissioners hearing. 8.004 Chris Gathman Planner • • cat4r) • Wink SD USE ON UMMARYY SHEET COLORADO Planner: C. Gathman Case Number: USR-1785 Hearing Date: September 6, 2011 Applicant: Doris Cunningham C/O Bill Hall Site Address: 32712 Vista Lake Road, Greeley, CO 80631 Request: Site Specific Development Plan and Use By Special Review Permit for a 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 (Oil Field Products Manufacturing and painting) in the A(Agricultural) Zone District. Legal Description: Lot B of AMRE-991; located in Part of the NW4SW4 of Section 2 Township 7 North Range 66 West, Weld County, Colorado Location: East of and adjacent to CR 33 and approximately % mile south of CR 86 Size of Parcel: +/- 3.5 acres • Parcel Number: 070702000056 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: Town of Pierce Planning, referral received 5/20/2011 Colorado Department of Transportation (CDOT), electronic mail referral received 5/25/2011 With Comments: Weld County Department of Public Works, referral received 6/17/2011 Weld County Department of Public Health & Environment, referral received 6/14/2011 Weld County Zoning Compliance, referral received 5/13/2011 Colorado Division of Water Resources, electronic mail referral received 6/28/2011 Weld County Department of Building Inspection, referral received 6/20/2011 The following agencies have not responded: Town of Ault EXHIBIT West Greeley Soil Conservation District Weld County Sheriffs Office • Ault Fire Protection District USQ- ►12S USR-1785, Cunningham, Page 1 4 AtA SPECIAL REVIEW PERMIT 41ADMINISTRATIVE REVIEW COLORADO Planner: C. Gathman Case Number: USR-1785 Hearing Date: September 6, 2011 Applicant: Doris Cunningham Site Address: 32712 Vista Lake Road, Greeley, CO 80631 Request: Site Specific Development Plan and Use By Special Review Permit for a 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 (Oil Field Products Manufacturing and painting) in the A(Agricultural) Zone District. Legal Description: Lot B AMRE-991; located in Part of the NW4SW4 of Section 2 Township 7 North Range 66 West, Weld County, Colorado Location: East of and adjacent to CR 33 and approximately 1/2 mile south of CR 86 • Size of Parcel: +/- 3.5 acres Parcel Number: 070702000056 THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS: 1. The submitted materials are in compliance with the application requirements of Section 23-2-260 of the Weld County Code. 2. It is the opinion of the Department of Planning Services' staff that the applicant has shown compliance with Section 23-2-220 of the Weld County Code as follows: A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other applicable code provisions or ordinance in effect. Section 22-2-20.G.2 A.Policy 7.2.states: "Conversion of agricultural land to nonurban residential, commercial and industrial uses should be accommodated when the subject site is in an area that can support such development, and should attempt to be compatible with the region." Section 22-2-20.1. A.Goal 9. states: "Reduce potential conflicts between varying land uses in the conversion of traditional agricultural lands to other land uses." Section 22-2-20.1.5. A.Policy 9.5. states: "Applications for a change of land use in the agricultural areas should be reviewed in accordance with all potential impacts to surrounding properties and referral agencies. Encourage applicants to communicate with those affected by the proposed land use change through the referral process." USR-1785, Cunningham, Page 2 • Conditions of approval and development standards will ensure consistency with the Chapter 22 of the Weld County Code and will adequately mitigate impacts to surrounding properties. Staff is requiring that the applicant completely screen the outside storage and parking area with a minimum 6-foot high opaque fence and submit a lighting plan for review and approval. Additionally, development standards have been added outlining noise standards, in addition to limiting the number of employees, hours of operation and number of tractor trailers to what has been stated in the application. 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.R 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 (Oil Field Products Manufacturing) 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 immediately to the south and north of two existing single-family residences. Adjacent lands to the west and east are agricultural in nature (cropland). A surrounding property owner, in a phone call received 8/10/2011, expressed concerns about the proposed business and location of the existing structures from his property line. Additionally, in an e-mail from a surrounding property owner received 8/7/2011, concerns were expressed regarding the hours of operation, number of employees, outside painting and storage of equipment onsite versus what is called in the application. This USR is to correct a zoning violation (ZCV11-00013) for the presence of a commercial operation without first obtaining the necessary Weld County Zoning Permits. This complaint was from a private citizen. Should this application be approved • and the final plat is recorded, the violation will be dismissed. If this application is denied, all commercial storage and operations shall be removed from the property within 30 (thirty) days. If denied, staff requests this violation case be forwarded to the County Attorney's Office with a delay of legal action for thirty (30) days. Given the proximity to the residences and the concerns expressed, staff is proposing a number of conditions of approval and development standards to address/ensure compatibility with adjacent land uses. Staff is requiring that the applicant completely screen the outside storage and parking area with a minimum 6-foot high opaque fence and submit a lighting plan for review and approval. Additionally, development standards have been added outlining noise standards, in addition to limiting the number of employees, hours of operation and number of tractor trailers to what has been stated in the application. 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 use is located within the 3-mile referral areas of the Town of Ault and the Town of Pierce. The Town of Pierce indicated no conflict with their interests in their referral received May 20, 2011. No referral response was received from the Town of Ault. 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) USR-1785, Cunningham, Page 3 Effective April 25, 2011, Building Permits issued on the proposed lots, will be required to adhere to the fee structure of the County Facility Fee and Drainage Impact Fee. (Ordinance 2011-2) F. Section 23-2-220.A.6 -- The applicant has demonstrated a diligent effort to conserve prime agricultural land in the locational decision for the proposed use. The proposed use is on an existing lot that is 3.5 acres and is covered with existing buildings and parking improvements. G. Section 23-2-220.A.7 — There is adequate provisions for the protection of health, safety, and welfare of the inhabitants of the neighborhood and County. The attached development standards and conditions of approval will provide adequate provisions for the protection of health, safety and welfare of the inhabitants of the neighborhood and County. This recommendation is based, in part, upon a review of the application materials submitted by the applicant, other relevant information regarding the request, and responses from referral entities. 1. The plat shall be amended to delineate the following: A. All sheets of the plat shall be labeled USR-1785. (Department of Planning Services) B. The attached Development Standards. (Department of Planning Services) C. The plat shall be prepared in accordance with Section 23-2-260.D of the Weld County Code. (Department of Planning Services) D. 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) E. County Road 33 is designated on the Weld County Road Classification Plan as collector road, which requires 80 feet of right-of-way at full build out. A total of 40- feet from the Centerline of County Road 33 shall be delineated as "edge of future right-of-way for County Road 33". The applicant shall verify and delineate on the plat the existing right-of-way and the documents creating the right-of-way. All setbacks shall be measured from the edge of future right-of-way. If the right-of- way cannot be verified, it shall be dedicated. This road is maintained by Weld County. (Department of Public Works) F. The plat shall delineate the approved Screening Plan. (Department of Planning Services) G. Show the existing access point on the Plat and label it with the Access Permit number(AP11-00133). (Department of Public Works) H. Label the water quality area as "Water Quality — No Build or Storage Area" (Department of Public Works) I. The plat shall delineate the approved Lighting Plan. (Department of Planning Services) • J. The outdoor storage area. (Department of Planning Services) USR-1785, Cunningham, Page 4 2. The applicant shall address the requirements (concerns) of Weld County Department of Building • Inspection, as stated in the referral response dated June 20, 2011 and in the e-mail from Frank Piacentino received September 26, 2011. In addition, the appropriate building permits shall be applied for any cargo containers to remain on the site. Evidence of such shall be provided to the Department of Planning Services. (Department of Building Inspection) 3. In the event the applicant intends to utilize the existing septic system for business use, the septic system shall be reviewed by a Colorado Registered Professional Engineer. The review shall consist of observation of the system and a technical review describing the system's ability to handle the proposed hydraulic load. The review shall be submitted to the Environmental Health Services Division of the Weld County Department of Public Health and Environment. In the event the system is found to be inadequately sized or constructed the system shall be brought into compliance with current Regulations. Alternately, a new septic system can be installed for business use. Evidence of Environmental Health approval shall be provided to the Department of Planning Services. (Department of Public Health and Environment) 4. The applicant shall submit written evidence from the Colorado Division of Water Resources, demonstrating that the well is appropriately permitted for the proposed business use the Department of Public Health and Environment. (Department of Public Health & Environment) 5. The applicant shall submit a waste handling plan, for approval, to the Environmental Health Services Division of the Weld County Department of Public Health & Environment. The plan shall include at a minimum, the following: 1) A list of wastes which are expected to be generated on site (this should include expected volumes and types of waste generated). 2) A list of the type and volume of chemicals expected to be stored on site. • The waste handler and facility where the waste will be disposed (including the facility name, address, and phone number). 6. The applicant shall provide evidence of having submitted an application for an Air Pollutant Emission Notice (APEN) and a Construction Permit from the Colorado Department of Public Health and Environment, Air Pollution Control Division. (Department of Public Health & Environment) 7. The applicant shall submit to the Department of Planning Services with a Lighting Plan for review and approval. (Department of Planning Services) 8. The applicant shall submit to the Department of Planning Services with a Screening Plan for review and approval. The proposed six-foot in height opaque fence shall completely screen the parking and outdoor storage area. The type of fence and fencing material shall be delineated in the screening plan. (Department of Planning Services) 9. The applicant shall enter into a Private Improvements Agreement according to policy regarding collateral for improvements and post adequate collateral for the screening of the facility. 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. As an alternative, the applicant may submit evidence that all the work has been completed and reviewed by the Department of Planning Services prior to recording the plat. (Department of Planning Services) 10. Upon completion of 1-9 above the applicant shall submit three (3) paper copies of the plat for preliminary approval to the Weld County Department of Planning Services. Upon approval of the • paper copies the applicant shall submit a Mylar plat along with all other documentation required as Conditions of Approval. The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by Department of Planning Services' Staff. The plat shall be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code. The Mylar USR-1785, Cunningham, Page 5 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 111recording fee. (Department of Planning Services) 11. In accordance with Weld County Code Ordinance 2006-7 approved June 1, 2006, should the plat not be recorded within the required thirty (30) 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) 12. The Department of Planning Services respectively requests the surveyor provide a digital copy of this Use by Special Review. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles, Arclnfo Coverages and Arclnfo Export files format type is .e00. The preferred format for Images is .tif(Group 4). (Group 6 is not acceptable). This digital file may be sent to maps(cilco.weld.co.us. (Department of Planning Services) 13. The Special Review activity shall not occur nor shall any building or electrical permits (BCR11- 00712) 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) 411 USR-1785, Cunningham, Page 6 • • SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Doris Cunningham USR-1785 1. A Site Specific Development Plan and Special Review Permit for Site Specific Development Plan and Use By Special Review Permit for a 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 (Oil Field Products Manufacturing and painting) 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 eighteen (18). (Department of Planning Services) 4. The hours of operations shall be limited to 7:00 am — 8:00 pm Monday through Friday. (Department of Planning Services) 5. Semi tractor-trailers associated with the business shall be limited to 2 (two). (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. Any vehicle or equipment washing areas shall capture all effluent and prevent discharges in accordance with the Rules and Regulations of the Water Quality Control Commission, and the Environmental Protection Agency. (Department of Public Health and Environment) • 13. All potentially hazardous chemicals must be handled in a safe manner in accordance with product labeling and in a manner that minimizes the release of hazardous air pollutants (HAP's) and volatile organic compounds (VOC's). All chemicals must be stored secure, on an impervious USR-1785, Cunningham, Page 7 surface, and in accordance with manufacturer's recommendations. (Department of Public Health and Environment) 14. Adequate drinking, hand washing and toilet facilities shall be provided for employees and patrons of the facility, at all times. (Department of Public Health and Environment) 15. Sewage disposal for the facility shall be by septic system. 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) 16. A permanent, adequate water supply shall be provided for drinking and sanitary purposes. (Department of Public Health and Environment) 17. This application is proposing a well as its source of water. The applicant should be made aware that while they may be able to obtain a well permit from the Office of the State Engineer, Division of Water Resources, the quantity of water available for usage may be limited to specific uses, i.e. domestic use only, etc. Also, the applicant should be made aware that groundwater may not meet all drinking water standards as defined by the Colorado Department of Public Health and Environment. We strongly encourage the applicant to test their drinking water prior to consumption and periodically test it over time. (Department of Public Health and Environment) 18. All painting of oil field products associated with the business shall be conducted indoors. (Department of Planning Services) 19. The applicant will continue to maintain a valid APEN until such time that surface coating is discontinued or air emissions of pollutants are reduced to 'zero' level. (Department of Public Health and Environment) 20. The operation shall comply with all applicable rules and regulations of State and Federal agencies and the Weld County Code. (Department of Public Health and Environment) 20. Building permits shall be obtained prior to the construction or change of use of any building Requirements for submitting plans for permitting process may vary with each change of use. Please contact Weld County Building Inspection Department for specific requirements. (Department of Building Inspection) 21. A plan review is required for each building except for buildings that meet the definition of Ag Exempt buildings. Plans require the wet stamp of a Colorado registered architect or engineer. (Department of Building Inspection) 22. Buildings shall conform to the requirements of the codes adopted by Weld County at the time of permit application. Current adopted codes include the 2006 International Residential Code; 2006 International Building Code; 2006 International Mechanical Code; 2006 International Plumbing Code; 2006 International Fuel Gas Code; 2006 International Energy Conservation Code; 2008 National Electrical Code and Chapter 29 of the Weld County Code. (Department of Building Inspection) 23. Each building will require an engineered foundation based on a site-specific geotechnical report or an open hole inspection performed by a Colorado registered engineer. Engineered foundations shall be designed by a Colorado registered engineer. (Department of Building Inspection) 24. Fire resistance of walls and openings, construction requirements, maximum building height and allowable areas will be reviewed at the plan review. Setback and offset distances shall be determined by the Zoning Ordinance. (Department of Building Inspection) 25. Building height shall be measured in accordance with the 2006 International Building Code for the purpose of determining the maximum building size and height for various uses and types of USR-1785, Cunningham, Page 8 construction and to determine compliance with the Bulk Requirements from Chapter 23 of the • Weld County Code. Building height shall be measured in accordance with Chapter 23 of the Weld County Code in order to determine compliance with offset and setback requirements. Offset and setback requirements are measured to the farthest projection from the building. (Department of Building Inspection) 26. 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) 27. 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) 28. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240, Weld County Code. 29. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250, Weld County Code. 30. 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) 31. The Screening on site shall be maintained in accordance with the approved Screening Plan. (Department of Planning Services) • 32. 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. All vegetation, other than grasses, needs to be maintained at a maximum height of 12 inches until the area is completely developed. (Department of Public Works) 33. 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. 34. 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) 35. Weld County is not responsible for the maintenance of drainage related features. (Department of Public Works) 36. 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. • 37. 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. USR-1785, Cunningham, Page 9 • 38. 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, 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. USR-1785, Cunningham, Page 10 • DEPARTMENT OF PLANNING SERVICES 1 8 6 1 - 2 0 1 I 1555 N 17`h AVE GREELEY, CO 80631 . PHONE: (970)353-6100, Ext. 3540 FAX: (970) 304-6498 WELD___-000NTY August 19,2011 Bill Hall 32712 Vista Lake Rd Greeley CO 80631 Subject: USR-1785-A Site Specific Development Plan and Use by Special Review Permit for any Use Permitted as a Use by Right,Accessory Use, or 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 part of a map or plan filed prior to adoption of any regulations controlling subdivisions (oil field products manufacturing) in the A (Agricultural)Zone District on a parcel of land described as Lot B of AmRE-991; being part of the NW4SW4 of Section 2,T7N, R66W of the 6th P.M., Weld County, Colorado. • Dear Applicants: I have scheduled a meeting with the Weld County Planning Commission on September 6, 2011, at 1:30 p.m. A subsequent hearing will be held on September 28, 2011 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 httkv_//www-co.weld.co us/Departments/PlanningZoning/Planning0epartment/index_html If you have any questions concerning this matter, please call. Respectfully, Digitally signed by Kristine Ranslem ,.r Reason:I am the author of this document /��(. � ` Location:1555 N 17th Ave Date:2011.08.19 08:34:14-06'00' • Chris Gathman Planner ' PLANNING COMMISSIONERS' SIGN POSTING CERTIFICATE THE LAST DAY TO POST THE SIGN IS 8/27/2011 THE SIGN SHALL BE POSTED ADJACENT TO AND VISIBLE FROM A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY. IN THE EVENT THE PROPERTY BEING CONSIDERED FOR A SPECIAL REVIEW IS NOT ADJACENT TO A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY, THE DEPARTMENT OF PLANNING SERVICES SHALL POST ONE SIGN IN THE MOST PROMINENT PLACE ON THE PROPERTY AND POST A SECOND SIGN AT THE POINT AT WHICH THE DRIVEWAY (ACCESS DRIVE) INTERSECTS A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY. I, Chris Gathman, HEREBY CERTIFY UNDER PENALTIES OF PERJURY THAT THE SIGN WAS POSTED ON THE PROPERTY AT LEAST 10 DAYS BEFORE THE PLANNING COMMISSIONERS HEARING FOR USR-1785 IN THE A (AGRICULTURAL) ZONE DISTRICT. Chris Gathman Name of Person Posting Sign 'n tar__ • Signature of Person Posting Sign STATE OF COLORADO ss. COUNTY OF WELD The foregoing instrument was subscribed and sworn to me this (dday of Y{tr, 2011. WITNESS my hand and official seal. 7 bMublic :pi ''•�¢ • BETIMNy My Commission Expires: 10'N- it .• ................ •,ct, • EXHIBIT frs2-t-7s5 Co.A BOARD OF COUNTY COMMISSIONERS' SIGN POSTING CERTIFICATE THE LAST DAY TO POST THE SIGN IS September 18, 2011 THE SIGN SHALL BE POSTED ADJACENT TO AND VISIBLE FROM A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY. IN THE EVENT THE PROPERTY BEING CONSIDERED FOR A SPECIAL REVIEW IS NOT ADJACENT TO A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY, THE DEPARTMENT OF PLANNING SERVICES SHALL POST ONE SIGN IN THE MOST PROMINENT PLACE ON THE PROPERTY AND POST A SECOND SIGN AT THE POINT AT WHICH THE DRIVEWAY (ACCESS DRIVE) INTERSECTS A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY. I, , HEREBY CERTIFY UNDER PENALTIES OF PERJURY THAT THE SIGN WAS POSTED ON THE PROPERTY AT LEAST 10 DAYS BEFORE THE BOARD OF COMMISSIONERS HEARING FOR USR-1785 IN THE AGRICULTURAL ZONE DISTRICT. Chris Gathman Name of Person Posting Sign • Signature of Person Posting Sign STATE OF COLORADO ss. COUNTY OF WELD '` The foregoing instrument was subscribed and sworn to me this I t ay of ,aptent e , 2011. WITNESS my hand and official seal. NVeN tary Public • t., 9ETHANY .t My Commission Expires: (&i-1—1A '1f' ..... .. • )F. ' = — - pt ! 1 I = �1 M .—� `,. It' h.4 -r} ilbe 'wow real .A 6.' + W W Q ;ry Cr CY 4.1 CC LI.1 Law CC .11 < �`a, 2, �' 4 140 fr 0 47..'..lir,r,„..., "4.::f1"1:,,4, �W Cm) Llial ti tx,„,t1 a �,�� r� 1 �.'� ' .w xr v1'. 17",!/;f4 Mks , t• .:•t*e Y� ',.,.",..L.&,-,} tT. x .,A��`h .yr4 • �. s. '- r'{ +p ti,......',,,.ti'. J 'y i �-, .i- cc (.. r'' ate. 7 Ft vl :t5 r :, rt � a3 -.::-- IIF° r .t.'4.-^-' y i,. 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A7 *\ a . 14:L L0. + 7 •-.• - p ..A/ �w fy„ 11.`..x- -r• ,e's- IL at-...,- '�'_...�w\•_I • y'pja safe' a 70 n im I 10.1 �r �� .• �� r • + 8 10/18/2011 • I _ i j» r're; 111 ♦ .• I ti• r. • - • • • • I I 9 • FIELD CHECK inspection dates: 8/26/2011 & 9/9/2011 APPLICANT: Doris Cunningham CASE #: USR-1785 REQUEST: A Site Specific Development Plan and Use by Special Review Permit for a 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(Oil Field Products Manufacturing and painting)in the A(Agricultural) Zone District. LEGAL: Lot B of AMRE-991; located in Part of the NW4SW4 of Section 2 Township 7 North Range 66 West, Weld County, Colorado LOCATION: East of and adjacent to CR 33 and approximately 'A mile south of CR 86 PARCEL ID #: 070702000056 ACRES: +/- 3.5 acres Zoning Land Use N A N Two Single-Family Residence • E A E Cropland S A S Cropland W Single-Family Residence & Cropland W A COMMENTS: There is an existing shop building on the site. Two existing residences are immediately adjacent to the site and another residence is 500-600 feet to the north. Outdoor storage located behind (to the east of) the building. Chris Gathman - Planner III • Kristine Ranslem From: Kristine Ranslem dint: Friday, May 13, 2011 2:47 PM Bill Hall Subject: Case USR-1785 Attachments: Applicant letter.pdf; image003.png Please see the attached letter. If you have any questions, please let us know. Thank you! Have a great weekend!! Kri,sttuve Ravvslevv. Planning Technician Weld County Planning Services 1555 N 17th Ave, Greeley CO 80631 970-353-6100 ext. 3519 i{ I 1011 W 'U N 7 u •fidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for 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 1 8 6 1 2 0 1 I DEPARTMENT OF PLANNING SERVICES • 1555 N 17th AVE GREELEY, CO 80631 S PHONE: (970)353-6100, Ext. 3540 FAX: (970)304-6498 WELD_COU TY May 13, 2011 Bill Hall 32712 Vista Lake Rd Greeley CO 80631 Subject: USR-1785- Request for 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 (Oil Field Products Manufacturing) in the A (Agricultural) Zone District on a parcel of land described as Lot B RE-991; Part of the NW4SW4 of Section 2, T7N, R66 of the 6th P.M., Weld County, Colorado. Dear Applicants: • Your application and related materials for the request described above are being processed. I will schedule a meeting with you to discuss the referrals after we have received them. Once the concerns and requirements of the referral agencies have been met or the applicant has shown an attempt to meet their concerns and requirements, a Planning Commission Hearing will be scheduled. It is the policy of Weld County to refer an application to any town or municipality lying within three miles of the property or if the property is located within the comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of the submitted materials to the Ault and Pierce Planning Commission for their review and comments. Please call Ault at 970-834-2844 and Pierce at 970-834- 2851 for further details regarding the date, time, and place of this meeting. It is recommended that you and/or a representative be in attendance at the Ault and Pierce Planning Commission meeting to answer any questions the Commission members may have with respect to your application. If you have any questions concerning this application, please call. Respectfully, 'n Digitally signed by Kristine Ranslem (� (; r-1 Reason:l am the author of this document Wb s��-�1 z YWl iv Location:1555 N 17th Ave Date:2011.05.13 13:54:27-06'00' Chris Gathman Planner • Kristine Ranslem From: Kristine Ranslem dont: Friday, May 13, 2011 2:47 PM ee@reninsurance.com Subject: USR-1785 Field Inspection Attachments: PC FIELD CHECK.docx; image002.png We have just received a case (USR-1785) in which we ask that you review the material and send the attached field inspection form to us by June 13, 2011. The following is a quick link to the case in question: http://www.co.weld.co.us/Departments/PlanninqZoninq/PlanningDepartment/index.html#1785 If you have any questions, please don't hesitate to contact me at the number below. Thank you! KristCvt,e rzavtislew. Planning Technician Weld County Planning Services 1555 N 17th Ave, Greeley CO 80631 970-353-6100 ext. 3519 rc 1OFI Etta... 6JNIr 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 • (2WELD COUNTY,COLORADO PARTMENT OF PLANNING SERVICES 1555 N 17T"AVENUE GREELEY,CO 80631 PHONE: 970-353-6100, EXT.3540/FAX: 970-304-6498 Date: S . I 202li Receipt No. Received From: -1 I (t pi'di' I1, I ! L Permit Type No. Description Fee 4221-RE/SE 4221-ZPMH 4221-USR I t, CU 4221-SITE PLAN REVIEW 4221-CHANGE OF ZONE 4221-PUD 4221-MINOR/MAJOR SUB • #OF BUILDABLE LOTS 4221-ADDITIONAL 30% FEE FOR SUB's 4221-RE-SUBDIVISIONS 4221-BOA 4221-ZPCV/ZPAS 4430-MAPS/POSTAGE 4430-COPIES 4730-INVESTIGATION FEE I ce.>%., J `, 12LX3 6560-RECORDING FEE ❑ CASH Al CHECK NO.L , O CREDIT CARD TOTAL FEE -3,-7e0 Receipted By: itit,,AA DL# Exp. • (lat ;:g APPLICATION FLOW SHEET • COLORADO APPLICANT: Dorris Cunningham CASE #: USR-1785 REQUEST: Site Specific Development Plan and Use By Special Review Permit for a 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 (Oil Field Products Manufacturing) in the A (Agricultural) Zone District. LEGAL: Lot B RE-991; Part of the NW4SW4 of 2-7-66 (Note: Applicant has applied to amend the boundaries of Lot B RE-991. The recorded exemption will be required to be submitted for recording prior to scheduling this case for hearing. The boundaries of the USR as shown on the attached USR plat map reflect the amended boundaries of Lot B RE-991.) LOCATION: East of and adjacent to CR 33 and approximately '% mile south of CR 86. PARCEL ID #: 070702000056 ACRES: +/- 3.5 acres Date By Application Received 5/10/11 Application Completed 5/10/11 • Referrals listed 5/12/11 CG Vicinity map prepared File assembled 6//3 /1 /eV- Case logged in computer Letter to applicant mailed Referrals mailed Field check by DPS staff Administrative Review decision: Board of County Commissioners hearing (if applicable) Date By County Commissioners Hearing Date Surrounding property owners notified 6/136/ Presentation prepared CC action: CC resolution received Date By • Plat recorded and filed Overlay Districts Zoning Agricultural MUD YesNo_X_ IGA YesNo_X • Airport Yes No_X_ Geologic Yes No_X_ Flood Hazard YesNo_X_ Panel#080266 • Hello