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Address Info: 1150 O Street, P.O. Box 758, Greeley, CO 80632 | Phone:
(970) 400-4225
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egesick@weld.gov
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20102729.tiff
• INVENTORY OF ITEMS FOR CONSIDERATION Applicant Latimer and Nancy Bohling Case Number USR-1757 Submitted or Prepared Prior to At Hearing Hearing 1 Staff Comments X '4 Department of Planning Services Field Check Form X Letter to Applicant X Affidavit of sign posting X Legal Notifications X 2 Application X \ Maps X Deed/Easement Certificate X Surrounding Property/Mineral Owners X Utilities X 3 Referral List X • "".4 Referrals without comment X Colorado Division of Wildlife, referral dated 8/12/2010 X Weld County Sheriffs Office, referral dated 8/17/2010 X City of Fort Lupton, referral dated 9/8/2010 X 4 Referrals with comments X Weld County Department of Public Health and Environment, referral dated X 9/14/2010 Platteville/Gilcrest Fire Protection District, referral dated 8/10/2010 and X 10/18/2010 X State of Colorado Division of Water Resources, referral dated 8/11/2010 and 10/18/2010 Colorado Department of Transportation, referral dated 8/11/2010 X Weld County Zoning Compliance, referral dated 8/11/2010 X Weld County Department of Building Inspection, referral dated 8/27/2010 X Weld County Department of Public Works, referral dated 9/9/2010 X N' 5 Surrounding Property Owners- Letters N� 6 PC Exhibits X • " 6.A Email from Margaret Salamanca dated 11/1/2010 X Na 6.B Email from Mary Evett with Weld County Environmental Health datedt1/2/10 X EXHIBIT 2010-2729 pt D5a -nsl • 7 I Planning Commission Resolution I I hereby certify that the items identified herein were submitted to the Departme of Plannfn Services at or prof to the scheduled PI ning Co missioners hearing. Michelle Martin-- Planner • • fatt LAN USE• DON SHEET SUMMARY COLORADO Planner: Michelle Martin Case Number: USR-1757 Hearing Date: November 2, 2010 Applicant: Latimer and Nancy Bohling Site Address: 10501 County Road 25.5, Fort Lupton, CO 80621 Request: A Site Specific Development Plan and Special Review Permit for A Use Permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the Commercial or Industrial Zone Districts, (construction company) in the A (Agricultural) Zone District Legal Description: Lot B of RE-519 being part of SE4 of Section 7, Township 2 North, Range 66 West of the 6th P.M. Weld County, Colorado Location: South of and adjacent to County Road 22.5 and west of and adjacent to County Road 25.5 • Size of Parcel: +/- 38 Acres Parcel Number: 1309 07 000030 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: Colorado Division of Wildlife, referral dated 8/12/2010 Weld County Sheriff's Office, referral dated 8/17/2010 City of Fort Lupton, referral dated 9/8/2010 With Comments: Weld County Department of Public Health and Environment, referral dated 9/14/2010 Weld County Department of Public Works, referral dated 9/9/2010 Weld County Department of Building Inspection, referral dated 8/27/2010 Weld County Zoning Compliance, referral dated 8/11/2010 Colorado Department of Transportation, referral dated 8/11/2010 State of Colorado Division of Water Resources, referral dated 8/11/2010 and 10/18/2010 ▪ Platteville/Gilcrest Fire Protection District, referral dated 8/10/2010 and 10/18/2010 The following agencies have not responded: ▪ Platte Valley Soil Conservation District ▪ Weld County Paramedics EXHIBIT ▪ Weld County Landscape referral • ■ Weld County School District RE-8 Platte Valley Canal ▪ Town of Platteville USR-1757 Bohling Page 1 • SPECIAL REVIEW PERMIT / ADMINISTRATIVE REVIEW WIDc. COLORADO Planner: Michelle Martin Case Number: USR-1757 Hearing Date: November 2, 2010 Applicant: Latimer and Nancy Bohling Site Address: 10501 County Road 25.5, Fort Lupton, CO 80621 Request: A Site Specific Development Plan and Special Review Permit for A Use Permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the Commercial or Industrial Zone Districts, (construction company) in the A (Agricultural) Zone District Legal Description: Lot B of RE-519 being part of SE4 of Section 7, Township 2 North, Range 66 West of the 6th P.M. Weld County, Colorado Location: South of and adjacent to County Road 22.5 and west of and adjacent to County • Road 25.5 Size of Parcel: +/- 38 Acres Parcel Number: 1309 07 000030 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 22-2-150D.A Goal 4 states: "Conversion of agricultural land to nonurban residential, commercial and industrial uses will be accommodated when the subject site is in an area that can support such development. Such development shall attempt to be compatible with the region." Development Standards and Conditions of Approval will ensure that the proposed use will be compatible with the area. The surrounding property • is primarily agricultural in nature. Section 23-2-240.A.10 of the Weld County Codes states "...that buffering or screening of the proposed use from adjacent properties may be required in order to make the determination that the proposed use is compatible with the surrounding uses." The applicant has landscaped the northeast portion of the USR-1757 Bohling Page 2 property with trees and bushes. As a condition of approval the applicant will be required • to screen the outdoor storage and parking areas associated with the business from the surrounding property owners and public rights of way. B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the Agricultural (A) Zone District. Section 23-3-40.R of the Weld County Code allows for A Site Specific Development Plan and Special Review Permit for A Use Permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the Commercial or Industrial Zone Districts, in the A(Agricultural)Zone District Currently the property is in violation (ZCV09-00013) for the operation of a construction company without the necessary land use permits. If the USR is approved, the violation will be closed. If denied, the case will continue through the court process. C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing surrounding land uses. The surrounding property to the north, south, east and west are zoned Agricultural (A) with single family homes in the area and east of the site USR-1591 for outdoor storage of recreation vehicles and equipment and USR-1564 for a hay auction. No comments have been received from the surrounding property owners. Therefore, given the minimal impact of the proposed construction company, the use will be compatible with the surrounding land uses. 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 property is not located within an Intergovernmental Agreement Area but does lies within the three mile referral area for the City of Fort Lupton and the Town of Platteville. The City of Fort Lupton in their referral dated 9/8/2010 indicated they have no conflicts with the proposed development. The Town of Platteville did not respond to the referral request. The surrounding area is Agricultural in nature with single family residences in the area and a few Use by Special Review's. Staff believes that the Conditions of Approval and Development Standards will ensure that the use will be compatible with existing surrounding land uses. 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, the Capital Expansion Impact Fee area and the Stormwater/Drainage Impact Fee area. Effective January 1, 2003, Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County Road Impact Program. (Ordinance 2002-11) Effective August 1, 2005, Building permits issued on the subject site will be required to adhere to the fee structure of the Capital Expansion Impact Fee. (Ordinance 2005-8, Section 5-8-40) 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 subject site is classified as "Prime (Irrigated) Farmlands of National Importance" as • delineated on the Important Farmlands of Weld County map, dated 1979. This size of the parcel (38 acres) and the property is currently developed where the proposed business will be located therefore the proposed USR is not taking any additional Prime (Irrigated) Farmland out of production. USR-1757 Bohling Page 3 • 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 Design Standards (Section 23-2-240, Weld County Code), Operation Standards (Section 23-2-250, Weld County Code), Conditions of Approval and Development Standards can ensure that there are 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-1757. (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 Roads 22.5 and 25.5 are designated on the Weld County Road Classification Plan as local gravel roads, which require 60 feet of right-of-way at full build out. 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. These roads are maintained by Weld County. (Department of Public Works) F. The plat shall delineate the approved Screening Plan. (Department of Planning Services) 2. The applicant shall address the requirements (concerns) of Weld County Department of Building Inspection, as stated in the referral response dated 8/27/2010. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Building Inspection) 3. The applicant shall submit to the Weld County Department of Planning Services a screening plan for review and approval. The screening plan shall screen all outdoor storage and parking areas from adjacent rights of way and surrounding properties. (Department of Planning Services) 4. The applicant shall enter into a Private Improvements Agreement according to policy regarding collateral for improvements and post adequate collateral for all transportation (access drive, parking areas, et cetera) and non-transportation (fencing, screening, drainage et cetera). The agreement and form of collateral shall be reviewed by County Staff and accepted by the Board of County Commissioners prior to recording the USR plat. The applicant may submit evidence that • all the work has been completed and reviewed by the Department of Planning Services and the Department of Public Work. (Department of Planning Services) 5. Upon completion of 1-4 above the applicant shall submit three (3) paper copies of the plat for USR-1757 Bohling Page 4 preliminary approval to the Weld County Department of Planning Services. Upon approval of the • paper copies the applicant shall submit a Mylar plat along with all other documentation required as Conditions of Approval. The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by Department of Planning Services' Staff. The plat shall be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code. The Mylar plat and additional requirements shall be submitted within sixty (60) days from the date of the Board of County Commissioners resolution. The applicant shall be responsible for paying the recording fee. (Department of Planning Services) 6. 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) 7. 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(cDco.weld.co.us. (Department of Planning Services) 8. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder. (Department of Planning Services) • • USR-1757 Bohling Page 5 SITE SPECIFIC DEVELOPMENT PLAN • SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Latimer and Nancy Bohling USR-1757 1. A Site Specific Development Plan and Special Review Permit for A Use Permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the Commercial or Industrial Zone Districts, (construction company) 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 employees shall be limited to the people residing on the property. (Department of Planning Services) 4. 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) 5. 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) 6. 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) 7. The applicant shall operate in accordance with the approved "waste handling plan", at all times. (Department of Public Health and Environment) 8. 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) 9. 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) 10. 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) 11. A permanent, adequate water supply shall be provided for drinking and sanitary purposes. (Department of Public Health and Environment) 12. 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) 13. This application is proposing a well(s) 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) USR-1757 Bohling Page 6 • 14. Weld County is not responsible for the maintenance of drainage related features. (Department of Public Works) 15. WARNING: LOTS MAY NOT BE BUILDABLE DUE TO FLOODPLAIN OR FLOODWAY DESIGNATION. Please be advised that owners of Lot B may not be able to obtain building permits to construct non-agricultural structures. All construction or improvements occurring in the floodplain as delineated on Federal Emergency Management Agency FIRM Community Panel Map#080266 0866C dated September 28, 1982, shall comply with the Flood Hazard Overlay District requirements of Chapter 23, Article V, Division 3 of the Weld County Code and all applicable FEMA regulations and requirements as described in 44 CFR parts 59, 60, and 65. (Department of Public Works) 16. Flood hazard development permits will be required for development activities located within the FEMA mapped South Platte River Floodplain. (Department of Public Works) 17. The installation of any septic system within the 100-year floodplain shall comply with the Weld County I.S.D.S. Floodplain Policy. In accordance with the State of Colorado I.S.D.S. Regulations, no septic system shall be installed within the floodway. (Department of Public Works) 18. Effective January 1, 2003, Building Permits issued on the lot will be required to adhere to the fee structure of the Weld County Road Impact Program. (Ordinance 2002-11) (Department of Planning Services) 19. Effective August 1, 2005, Building permits issued on the subject site will be required to adhere to the fee structure of the Capital Expansion Impact Fee and the Stormwater/Drainage Impact Fee. (Ordinance 2005-8 Section 5-8-40) (Department of Planning Services) • 20. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240, Weld County Code. 21. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250, Weld County Code. 22. Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties where such would cause a nuisance or interfere with the use on the adjacent properties in accordance with the plan. Neither the direct nor reflected light from any light source may create a traffic hazard to operators of motor vehicles on public or private streets. No colored lights may be used which may be confused with or constructed as traffic control devices. (Department of Planning Services) 23. The Screening on site shall be maintained in accordance with the approved Screening Plan. (Department of Planning Services) 24. Should noxious weeds exist on the property or become established as a result of the proposed development the applicant/landowner shall be responsible for controlling the noxious weeds, pursuant to Chapter 15, Articles I and II of the Weld County Code. (Department of Public Works) 25. Personnel from the Weld County Government 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. 26. 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) USR-1757 Bohling Page 7 27. 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. 28. 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. 29. 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 USR-1757 Bohling Page 8 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-1757 Bohling Page 9 Kristine Ranslem rom: Kristine Ranslem nt: Tuesday, October 12, 2010 10:23 AM o: Lauren Light; Ken Poncelow; Donald Carroll; Heidi Hansen; Kenneth Swanson; Bethany Salzman; Kim Ogle; Dave Bressler; 'joanna.williams@state.co.us'; 'Hice-Idler, Gloria'; 'linda.brown-smith@state.co.us'; 'chris.mettenbrink@state.co.us'; 'cindy.einspahr@co.usda.gov'; 'Todd Hodges'; 'Troy Renken'; 'sbutherus@kbnengineers.com'; 'Barbara Cole'; 'Leah Heneger'; 'Richard Hawley'; 'Russ Kissler' Subject: USR-1757 PC & BOCC hearing dates Attachments: usr1757.docx Please see the attached letter which lists the scheduled hearing dates for the Planning Commission and Board of County Commissioners. KrStLv,e AsLevtit Planning Technician Weld County Planning Services 1555 N 17th Ave, Greeley CO 80631 970-353-6100 ext. 3519 • • i • Q DEPARTMENT OF PLANNING SERVICES (7.1. 1555 N 17th AVE �c GREELEY, CO 80631 PHONE: (970)353-6100, 3540 FAX: (970)304—6498 COLORADO October 12, 2010 Latimer&Nancy Bohling c/o Dawn Thurston 100 Valle Dr Ft. Lupton CO 80621 Subject: USR-1757- A Site Specific Development Plan and Use by Special Review Permit for a Use Permitted as a Use by right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone Districts (construction company) in the A (Agricultural) Zone District on a parcel of land described as Lot B RE-519 being part of SE4 of Section 7,T2N, R66W of the 6th P.M.,Weld County, Colorado. Dear Applicants: • I have scheduled a meeting with the Weld County Planning Commission on November 2, 2010, at 1:30 p.m. This meeting will take place in the Hearing Room,Weld County Planning Department,918 10th Street, Greeley, Colorado. A subsequent hearing will be held on November 17, 2010 at 10:00 a.m., in the Chambers of the Board of County Commissioners,Weld County Centennial Center, 915 10th Street, First Floor, 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: http://www.co.weld,co.us/Departments/PlanningZoninq/PlanninciDepartment/index.html#1757 If you have any questions concerning this matter, please call. Respectfully, DReason:ally am ed ay Krithorofe his dlom v-- Location am the author of this document Location:1555 N 17th Ave Date:2010.10.12 10:11:59-06'00' Michelle Martin • Planner PLANNING COMMISSIONERS' SIGN POSTING CERTIFICATE THE LAST DAY TO POST THE SIGN IS _10/14/2010 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, Michelle Martin, HEREBY CERTIFY UNDER PENALTIES OF PERJURY THAT THE SIGN WAS POSTED ON THE PROPERTY AT LEAST TEN DAYS BEFORE THE PLANNING COMMISSIONERS HEARING FOR_USR-1757 IN THE A (AGRICULTURAL) ZONE DISTRICT. 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Ni- .......c a. a O a a a a ................. .._____ Fi, N- . • ' __y, O 0.... I ,i it '-I - ' FC .tl. * - }J t. • . Y rl=. e k 1 C • lin t• f iii t. 4.t• 1}• • ' ot tr. V 1 ' 1 L' I I ••111•• 0 ,. , ` I .► : t J 1 I j j i • 111 CD I - ri • • f I • ,, Qi o ro • I a Y. a al 0 • 11 h �:! r pPit 11 I n • • • MO c P.404 - r otiL014 _ 0 0 • FIELD CHECK inspection date: 10/14/2010 Case Number: USR-1757 Applicant: Latimer and Nancy Bohling Site Address: 10501 County Road 25.5, Fort Lupton, CO 80621 Request: A Site Specific Development Plan and Special Review Permit for A Use Permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the Commercial or Industrial Zone Districts, (construction company) in the A (Agricultural) Zone District Legal Description: Lot B of RE-519 being part of SE4 of Section 7, Township 2 North, Range 66 West of the 6'" P.M. Weld County, Colorado Location: South of and adjacent to County Road 22.5 and west of and adjacent to County Road 25.5 Size of Parcel: +/-38 Acres Parcel Number: 1309 07 000030 • Zoning Land Use N A (Agricultural) N Agricultural E A (Agricultural) E USR-1591(outdoor storage) and USR-1564 (hay auction) S A (Agricultural) S Agricultural W A (Agricultural) W Agricultural COMMENTS: There are two accesses into the site one off CR 22.5 and one off of CR 25.5. The Platte Valley Canal runs north/south through the site. The majority of the site is used as grazing land for cattle. There are multiple outbuildings on the property, one office building and two homes. The applicants are going through the RE process to place a home on each lot. /./7/17/ if Michelle Martin, Planner • Michelle Martin �From: Dawn Thurston [dawnbohlingconst@aol.com] ent: Thursday, October 21, 2010 9:03 AM To: Michelle Martin; dawnbohlingconst@aol.com Cc: nboh803748@aol.com Subject: Re: office hours Michelle, Since the Office is handled more as a virtual or electronic office rather than a traditional office where everyone has a set schedule. REMEMBER no one works in the office but the people that reside on the property. Many factors play into our daily business operations, such as the weather, the amount of daylight, the volume of business in addition of other factors. We handle our operations via cell phones, computers, fax machines & on the job sites. The land line phones are answered approximately between the hours of 7:30a to 3:00p. The cell phones are answered as needed by the individual contractor's discretion. As to the days of the week it falls into the above. The land lines are Monday thru Friday. But as with ANY small business work is done on the weekend, but this not considered normal business hours. And as I have stated before this is a home business that outgrew the bedroom so it is in a building outside the front door. Dawn Dawn Thurston 303-818-8541 cell Office Manager Stumblen Bumblen B's Ltd. dba LATIMER BOHLING CONSTRUCTION •303-654-0456 office 303-857-4911 fax Original Message From: Michelle Martin <mmartin(aco.weld.co.us> To: Dawn Thurston <dawnbohlingconst(c7aol.com> Sent: Tue, Oct 19, 2010 2:25 pm Subject: RE: Original building permit application for pole barn Hi Dawn, Could you please clarify the hours of operation for the business, (hours of the day and days of the week). Thanks. Michelle Martin Planner III 1555 N 17th Ave Greeley, CO 80631 mmartin(wco.weld.co.us PHONE: (970) 353-6100 x 3540 FAX: (970) 304-6498 From: Dawn Thurston [mailto:dawnbohlingconstaaol.com] Sent: Tuesday, October 19, 2010 2:19 PM •To: Michelle Martin Subject: Re: Original building permit application for pole barn 1 Thanks Michelle. Hope you didn't get to many copies of this. Dawn awn Thurston Ill303-818-8541 cell Office Manager Stumblen Bumblen B's Ltd. dba LATIMER BOHLING CONSTRUCTION 303-654-0456 office 303-857-4911 fax Original Message From: Michelle Martin <mmartinco.weld.co.us> 7a To: Dawn Thurston <dawnbohlingconst(aaol.com> Sent: Mon, Oct 18, 2010 1:36 pm Subject: FW: Original building permit application for pole barn Dawn, I passed along your correspondence and documentation to the building department and at this time you will still need to apply for a change of use building permit. Let me know if you have any questions. Michelle Martin Planner Ill 1555 N 17th Ave Greeley, CO 80631 *Greeley, PHONE: (970)353-6100 x 3540 FAX: (970)304-6498 From: Kenneth Swanson Sent: Monday, October 18, 2010 5:43 AM To: Michelle Martin Subject: RE: Original building permit application for pole barn Michelle, I don't think what they propose to submit is going to work. I can touch base with you on this Monday. Thanks, Ken From: Michelle Martin Sent: Friday, October 15, 2010 10:18 AM To: Kenneth Swanson Subject: FW: Original building permit application for pole barn Ken, "'The applicant has submitted additional documentation regarding the pole barn permit. They are hoping the attached documentation will address the concerns/requirements of the building department in regards to obtaining a change of use permit. Please let me know your thoughts on Monday Oct 18, 2010. Thanks. 2 Michelle Martin Planner Ill 1555 N 17th Ave Greeley, CO 80631 mmartin@co.weld.co.us PHONE: (970) 353-6100 x 3540 FAX: (970) 304-6498 From: Dawn Thurston [mailto:dawnbohlinciconst®aol.com] Sent: Thursday, October 14, 2010 9:07 AM Cc: Michelle Martin; dawnbohlingconst@aol.com Subject: Original building permit application for pole barn Michelle, Here is the original building permit application for the pole barn dated August 24th 1999. The pictures are of the building on it's original site prior to it being taken down & reassembled at our location. thanks, Dawn Dawn Thurston 303-818-8541 cell Office Manager Stumblen Bumblen B's Ltd. dba LATIMER BOHLING CONSTRUCTION 303-654-0456 office 303-857-4911 fax • • 3 Michelle Martin rom: Michelle Martin Sent: Friday, October 15, 2010 10:44 AM To: 'joanna.williams@state.co.us' Subject: USR-1757 Attachments: Water_letter_10.13.10.jpg Good Morning Joanna, The applicants for USR-1757 Latimer and Nancy Bohling have amended their application regarding the number of employees(see attached letter). Please let me know your thoughts regarding the new information and if well permit 195192-A can be utilized for USR-1757. Thanks for all your help. If you have any questions please don't hesitate to contact me. Michelle Martin Planner III 1555 N 17th Ave Greeley,CO 80631 mmartin@co.weld.co.us PHONE: (970)353-6100 x 3540 FAX: (970)304-6498 • • 1 Michelle Martin �From: Mary Evett ent: Tuesday, October 12, 2010 2:16 PM To: Michelle Martin Subject: USR-1757 Bohling Michelle, The applicant has submitted a waste handling plan and do not wash the commercial vehicles onsite; therefore, condition #1 and #3 have been met. Development Standard #5 regarding vehicle washing may be removed. The applicant needs to check with the Colorado Division of Water Resources for approval of the well (domestic) for commercial use. Have a good day. Mary Evett Environmental Health Services Weld County Department of Public Health & Environment 1555 North 17th Avenue Greeley, Colorado 80631 Office #: 970-304-6415, Extension 2216 Fax #: 970-304-6411 • • 1 Kristine Ranslem om: Kristine Ranslem nt: Tuesday, October 12, 2010 10:20 AM o: 'DawnBohlingConst@aol.com'; 'Nancy610501 @aol.com' Subject: USR-1757 PC & BOCC hearing dates Attachments: usr1757 step 2.pdf Please see the attached letter which lists the scheduled hearing dates for the Planning Commission and Board of County Commissioners. K.visti.we R2 wsLev✓ Planning Technician Weld County Planning Services 1555 N 17th Ave, Greeley CO 80631 970-353-6100 ext. 3519 • • Michelle Martin From: Michelle Martin •Sent: Monday, October 11, 2010 2:33 PM To: 'Dawn Thurston' Cc: Stephanie Arries Subject: USR-1757 Dawn, I just left you a voice message but I thought I would follow up with and email. According to the District Court signed stipulation by noon on October 8, 2010 all non-binding referral requirements were due. To date I have only received confirmation from the Weld County Health Dept. that condition #3 has been met. Please contact me ASAP to discuss all the other non-binding referrals and their status. Michelle Martin Planner Ill 1555 N 17th Ave Greeley,CO 80631 mmartin@co.weld.co.us PHONE: (970)353-6100 x 3540 FAX: (970)304-6498 • • 1 Michelle Martin • rom: Mary Evett ent: Friday, October 08, 2010 2:23 PM To: Michelle Martin Cc: Dawn Thurston Subject: USR-1757 BOHLING Michelle, Condition #3, regarding submitting a waste handling plan, has been met. Have a good weekend. Mary Evett Environmental Health Services Weld County Department of Public Health & Environment 1555 North 17th Avenue Greeley, Colorado 80631 Office #: 970-304-6415, Extension 2216 Fax #: 970-304-6411 • • 1 Michelle Martin From: Michelle Martin ent: Monday, September 27, 2010 4:15 PM o: 'dawnbohlingconst@aol.com' Subject: usr-1757 Attachments: land-mineral letter.doc Dawn, The letter also needs to include the time and place of the Planning commission hearing. Time: 1:30 pm Place: 918 10th Street Greeley CO 80631 It may not be a bad idea to include you USR questionnaire and map with the attached letter. Let me know if you have any other questions. Michelle Martin Planner III 1555 N 17th Ave Greeley, CO 80631 mmartinPco.weld.co.us PHONE: (970)353-6100 x 3540 FAX: (970)304-6498 •From: Dawn Thurston [mailto:dawnbohlingconst@aol.com] Sent: Monday, September 27, 2010 3:26 PM Subject: Fwd: please look at my letter It helps when I attach the letter Dawn Dawn Thurston Office Manager Stumblen Bumblen B's Ltd. dba LATIMER BOHLING CONSTRUCTION 303-654-0456 office 303-857-4911 fax Original Message From: Dawn Thurston <dawnbohlingconst@aol.com> To: mmartin@co.weld.co.us Cc: bsalzman@co.weld.co.us Sent: Mon, Sep 27, 2010 3:23 pm Subject: please look at my letter Michelle & Bethany, I kept getting my emails bounced back with a fatal error from Michelle's email so I left a message. •I thought I would expand my chance of getting it to her by CCing Bethany. thanks. 1 +++++++++++++++++++++++ ichelle, Would you check my letter to be sure It has what it needs. There are only 2 oil companies. K P Kauffman & Kerr-McGee. I went into the Assessors file I figured that would be the most up to date records. I have to go out into the web and try to find an address to send the letters to. but I will have that by the time you send back the letter. Thanks, Dawn Dawn Thurston Office Manager Stumblen Bumblen B's Ltd. dba LATIMER BOHLING CONSTRUCTION 303-654-0456 office 303-857-4911 fax • • 2 • • Kristine Ranslem ifirmom: Kristine Ranslem nt: Wednesday, August 11, 2010 9:36 AM To: 'NancyB10501@aol.com'; 'DawnBohlingConst@aol.com' Subject: Case USR-1757 Attachments: usr1757.pdf Please see the attached letter. If you have any questions, please let us know. Thank you! K.rLstLwe R2VSLewt, Planning Technician Weld County Planning Services 1555 N 17th Ave, Greeley CO 80631 970-353-6100 ext. 3519 • • 1 • • • d DEPARTMENT OF PLANNING SERVICES rat 1555 N 17th AVE GREELEY, CO 80631 PHONE: (970)353-6100, Ext. 3540 1 FAX: (970)304-6498 COLORADO August 10, 2010 Latimer& Nancy Bohling do Dawn Thurston 100 Valle Dr Ft. Lupton CO 80621 Subject: USR-1757 - Request for a Site Specific Development Plan and Use by Special Review Permit for a Use Permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the Commercial or Industrial Zone Districts (construction company) in the A (Agricultural) Zone District on a parcel of land described as Lot B RE-519 being part of SE4 of Section 7, T2N, R66W 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 Ft. Lupton and Platteville Planning Commission for their review and comments. Please call Ft. Lupton at 303-857-6694 and Platteville at 970-785-2245 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 Ft. Lupton and Platteville 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, Digitally signed by Kristine Ranslem Location am the author of this document Location:1555 N 17th Ave Date:2010.08.10 16:29:12-06'00' Michelle Martin Planner • Michelle Martin : Michelle Martin aim: Wednesday, September 15, 2010 8:21 AM To: 'Russ Kissler' Subject: RE: USR-1757 Russ, The only phone number I have for Latimer and Nancy Bohling is 303-654-0456 email NancyB10501@aol.com You may also want to try and call Dawn Thurston (the applicants representative) at 303-818-8541 email dawnbohlingconst@aol.com I hope this helps let me know if you need anything else. Michelle Martin Planner III 1555 N 17th Ave Greeley, CO 80631 mmartin@co.weld.co.us PHONE: (970) 353-6100 x 3540 FAX: (970) 304-6498 From: Russ Kissler [mailto:rkissler@pgfpd.org] nt: Tuesday, September 14, 2010 2:13 PM Michelle Martin lint: USR-1757 Hi Michelle, I have tried to call Latimer& Nancy Bohling at the telephone number on their referral but with no success with anyone answering. Do you happen to have another telephone number to contact either one of them? Thanks. Russell Kissler Platteville/Gilcrest Fire Dist. Captain / Fire Prevention Tech. 303 Main St. POBox 407 Platteville, CO 80651 970-785-2232 • 1 • DISTRICT COURT, WELD COUNTY, COLORADO Court Address: 901 9'h Avenue, P.O. Box 2038, Greeley, CO 80632 Phone Number: (970) 351-7300 BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, STATE OF COLORADO, Petitioner, v. ♦ FOR COURT USE ONLY • LATIMER C. BOHLING, NANCY L. BOHLING and STUMBLEN BUMBLEN B'S, LTD d/b/a/ LATIMER BOHLING CONSTRUCTION, Case Number: 10-CV-78 Respondents. Stephanie L. Arrics, Assistant Weld County Attorney 915 Tenth Street Division: 4 P.O. Box 758 Greeley, CO 80632 • Phone Number: (970) 336-7235 Fax Number: (970) 352-0242 E-Mail: sarries@co.weld.co.us Attorney Registration#5809 STIPULATION COMES NOW the Petitioner, by and through its attorney, the Assistant of Bruce T. Barker, below named and Respondents, LATIMER C. BOHLING,NANCY L. BOHLING and STUMBLEN BUMBLEN B'S, LTD d/b/a/LATIMER BOHLING CONSTRUCTION,and Stipulate and agree as follows: 1. This Court has subject matter and personal jurisdiction herein. 2. That the Respondents, Latimer C Bohling and Nancy L. Bohling are the owners of property described as: Pt N2SE4 7-2-66 Lot B Rec Exempt RE-519 (I.31RID), Weld County, Colorado, also known by street and number as 10501 Weld County Road 25.5, Fort Lupton, Colorado 80621, more particularly described in attached Exhibit "A", "A (Agricultural)Zone District". 3. There have been violations of the Weld County Code Chapter 23, regarding the presence of multiple dwellings on the property, operation of a commercial business and . the maintenance of commercial vehicles and storage. Weld County Code Sections 23-3-20, • 23-3-20.A, 23-3-30, 23-3-30.F, 23-3-30.M, 23-3-40, 23-3-40.R and 23-1-90. Article 1I1(3), Division 1 "A(Agricultural)Zone District". 4. The parties acknowledge that it is possible to correct the violations on the property by either both ceasing all commercial operations on the property and permanently removing all commercial vehicles from the property, or by both submitting an application for a Use by Special Review permit and having the application approved by the Board of County Commissioners of the County of Weld, State of Colorado. THEREFORE, the Petitioner and Respondent stipulate and agree as follows: 1. Respondents agree that they shall submit a complete application for a Use by Special Review Permit and pay the fee therefore on or before 12:00 noon Friday, July 30, 2010. 2. If for ANY reason a complete application has not been submitted by that time and date, they shall immediately cease all commercial operations on the property described above, shall permanently remove all commercial vehicles from the property, and shall not allow the storage or maintenance of any such vehicles on the property unless and until one or more has been permitted by the appropriate authority in Weld County government. 3. If for any reason, the permit is not granted to the Respondents, or in the event that Respondents abandon the application process or fail to meet the application deadlines set forth below, Respondents agree that they shall immediately cease all commercial operations on the • property described above, shall permanently remove all commercial vehicles from the property, and shall not allow the storage or maintenance of any such vehicles on the property unless and until one or more has been permitted by the appropriate authority in Weld County government. 4. Respondents shall meet the following deadlines in the application process: a. July 30, 2010, 12:00 noon: A complete application for a Use by Special Review Permit shall be submitted. b. October 8, 2010, 12:00 noon: Respondent shall have complied with all non-binding referral requirements,(they shall not be required to meet those requirements which require a substantial financial outlay). c. On or before November 30, 2010,Respondents shall have completed their hearings before the Weld County Planning Commission and the Board of County Commissioners of the County of Weld, State of Colorado. d. On or before February 15, 2011, Respondents shall meet all conditions of approval and shall record the plat for the Use by Special Review. 5. Respondents agree that they have the present ability to comply with the terms of this Stipulation, and that this Stipulation is just and equitable and not reached as a result of duress. 6. Respondents acknowledge that the failure to comply with the above deadlines may result in the County Attorney filing a Motion with the Court to issue a Contempt Citation. 7. Respondents understand that if any one of them is found guilty of Contempt,the • remedies available to the Court include the possibility of a jail sentence of up to six months, a • fine or both. 8. The parties request that the hearing set for July 22, 2010, be vacated and that a review hearing be set for a date after February 15, 2011. 9. Petitioner agrees that upon Respondents' compliance with the terms of this Stipulation, a Motion to Dismiss this case will be filed with this Court. WHEREFORE, the parties jointly request that this Stipulation be made an Order of the Court and that the Court find that this Stipulation is not as a result of duress and that the Court set a date for review after February 15, 2011. Respectfully submitted, BOARD OF COUNTY COMMISSIONERS OF 1'HE COUNTY OF WELD, STATE OF COLORADO BRUCE T. BARKER WELD COUNTY ATTORNEY /s/ Stephanie L. Arries STEPHANIE L. ARRIES #5809 • Assistant Weld County Attorney Latimer C. Bohling Date .. X .� 7/5/11/0 anc L. hling Date Stumble Bumblen B's, Ltd. c. d3,RQk Vie, .t,,.,t 71 icc / B Latimer C. Bohling. President Date E-FILED PURSUANT TO RULE 121. DULY SIGNED COPY ON FILE AT THE OFFICE OF WELD COUNTY ATTORNEY • • Kristine Ranslem om: Kristine Ranslem nt: Wednesday, August 11, 2010 9:39 AM To: 'Robert Grand' Subject: USR-1757 Field Inspection Attachments: usr1757.docx We have just received a case (USR-1757) in which we ask that you submit the attached field inspection sheet to us by September 10, 2010. You may view the case material at: http://www.co.weld.co.us/Departments/PlanningZonino/PlanningDepartment/index.html#1757 If you have any questions, please let me know. Thank you! K.rLst%ce Rcio,sLeo, Planning Technician Weld County Planning Services 1555 N 17th Ave, Greeley CO 80631 970-353-6100 ext. 3519 • • 1 (1) • FIELD CHECK CASE NUMBER: USR-1757 DATE OF INSPECTION: gip APPLICANT'S NAME: Latimer& Nancy Bohling PLANNER: Michelle Martin REQUEST: A Site Specific Development Plan and Use by Special Review Permit for a Use Permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the Commercial or Industrial Zone Districts(construction company) in the A(Agricultural)Zone District. LEGAL DESCRIPTION: Lot B RE-519 being part of SE4 of Section 7, T2N, R66W of the 6th P.M.,Weld County, Colorado. LOCATION: South of and adjacent to CR 22.5 and west of State Highway 85. LAND USE: N �e W.J1.A ex I wUZ d �� S dvb4Q 5-Or t— t;) s A 5 01/504 U 1 • ZONING: N A(Agricultural) E A(Agricultural) S A(Agricultural) W A(Agricultural) COMMENTS: / �� I.�A7 AQ C Elm &,,,_ g/ it o ' 6 gi „P. / Yy69 P.C. Nimber // • Michelle Martin From: dawnbohlingconst@aol.com Monday, September 20, 2010 5:15 PM o: Michelle Martin Subject: Re: USR-1757 That is great.... See ya then. Dawn Dawn Thurston Office Manager Stumblen Bumblen B's Ltd. dba LATIMER BOHLING CONSTRUCTION 303-654-0456 office 303-857-4911 fax Original Message From: Michelle Martin <mmartin@co.weld.co.us> To: dawnbohlingconst@aol.com <dawnbohlingconst@aol.com> Sent: Mon, Sep 20, 2010 1:16 pm Subject: RE: USR-1757 Dawn, Will tomorrow morning at 9:00 am work for you? "'Michelle Martin Planner III 1555 N 17th Ave Greeley, CO 80631 mmartin@co.weld.co.us PHONE: (970) 353-6100 x 3540 FAX: (970) 304-6498 From: dawnbohlingconst@aol.com [mailto:dawnbohlingconst©aol.com] Sent: Monday, September 20, 2010 11:59 AM To: Michelle Martin Subject: Re: USR-1757 Ok, Michelle, the meeting that I had to schedule around has finally be set. I did not know when they would schedule it. Nancy was hoping to do it this afternoon, which is why I did not want to take your meeting. I have available all day tomorrow (Tuesday, 9/21) or Wednesday afternoon. I have a 10 am appointment in Ft Lupton on Wednesday. Thursday we have appointments all day and Friday we have appointments that start at 8 and will go until at least 11. Let me know what works for you. Thanks, •Dawn Dawn Thurston 303-818-8541 cell 1 Office Manager Stumblen Bumblen B's Ltd. dba LATIMER BOHLING CONSTRUCTION 303-654-0456 office *03-857-4911 fax Original Message From: Michelle Martin <mmartinCcr�co.weld.co.us> To: DawnBohlingConst<dawnbohlingconst(c�aol.com> Sent: Mon, Sep 20, 2010 7:52 am Subject: RE: USR-1757 Dawn, I have several meetings this morning and the only time I have today is this afternoon. If today will not work for you please give me a list of dates and time that will work for you. Please remember that there is a signed stipulation with the Weld County and in order to stick to the time line its best we meet sooner rather than later. Michelle Martin Planner III 1555 N 17th Ave Greeley, CO 80631 mmartin@co.weld.co.us PHONE: (970)353-6100 x 3540 FAX: (970) 304-6498 From: DawnBohlingConst [mailto:dawnbohlinoconst@ aol.com] "pent: Friday, September 17, 2010 12:02 PM To: Michelle Martin Subject: Re: USR-1757 Would it be possible to see you in the morning? Dawn Thurston Stumblen Bumblen B's dba LATIMER BOHLING CONSTRUCTION 303-654-0456 OFFICE 303-857-4911 FAX In a message dated 09/16/10 15:27:23 Mountain Daylight Time, mmartin(cr�.co.weld.co.us writes: Dawn, Will Monday Sept. 20 at 2:00 work for you? Michelle Martin Planner III 1555 N 17th Ave Greeley, CO 80631 mmartin@co.weld.co.us PHONE: (970)353-6100 x 3540 FAX: (970)304-6498 2 From: DawnBohlingConst [mailto:dawnbohlingconst©aaol.com] Sent: Thursday, September 16, 2010 3:22 PM To: Michelle Martin •Cc: nboh803748@aol.com Subject: Re: USR-1757 Michelle, Sorry, It has taken me so long to get back to you. I am having a busy week. Too many fires to cover @ one time. How about the beginning of the week? Let me know what works for you. I am open until Wednesday morning. Thanks, Dawn Dawn Thurston 303-818-8541 cell Stumblen Bumblen B' s dba LATIMER BOHLING CONSTRUCTION 303-654-0456 OFFICE 303-857-4911 FAX In a message dated 09/14/10 09:24:49 Mountain Daylight Time, mmartin(@co.weld.co.us writes: Dawn, Your Use by Special Review application (USR-1757) is at the next stage of the process therefore do you have any time this week so we can meet to go over the referral responses? Michelle Martin Planner III 1555 N 17th Ave Greeley, CO 80631 mmartinco.weld.co.us PHONE: (970) 353-6100 x 3540 FAX: (970) 304-6498 • 3 • • I Cl) i a) I LL U co i a o 71 C LL O a U 12U ca NCO O t . i I J C') ! CD C_ _ C n3 cri N - a> co • Ur O 0111 Ea- Q O 00 D Q C GO , I \ I I : f i cu ' 1\ E . Z m 17 U a> 05 2 in a>I C U a) 1U I Ui N C co co > r c m a) N a>I L a C7 l./> �fi I CO c U 4 m o� E US N U C LI .m a> 3 E -a a o ° C) 0I B N B �' 0 aa. ci it 0 1i ai � -oO 45 c pc 'Vm y _ C I Q U C id_ 1 L ( O c �I' F- m c a' Z • . 1E �, I O QI 2 _Cr U N I Q 1d v °I iO oI E WELD COUNTY,COLORADO 'Y p DEPARTMENT OF PLANNING SERVICE 91810TH STREET GREELEY,CO 80631 PHONE:970-353-6100,EXT.3540 I FAX:970-304-6498 / Date: /_ i 20 Receipt No. 'd Received From: ii Permit Type No. Description Fee 4221°"SE is cl, 4221-ZPMH 4221-USR 4221-SITE PLAN REVIEW 4221-CHANGE OF ZONE 4221-PU D • 4221-MINOR/MAJOR SUB #OF BUILDABLE LOTS 4221-ADDITIONAL 30% FEE FOR SUB's 4221-RE-SUBDIVISIONS 4221-BOA 4221-FHDP/GHDP 4430-MAPS/POSTAGE 4430-COPIES 4730-INVESTIGATION FEE 6560-RECORDING FEE MISC. ii ❑CASH CHECK NO. ,, ! iE F, TOTAL FEE -•4, 7, Receipted By: / '' DL# Exp. • WELD COUNTY • COMPLETENESS REVIEW &VIEW DATE: 7/23/10 TYPE OF APPLICATION: USR LEGAL DESCRIPTION: Lot B of RE-519 pt N2 SE4 of Section 7,T2N, R66W COMPANY NAME/REPRESENTATIVE/OWNER: Latimer and Nancy Bohling PLEASE NOTE: The following completeness review notes are provided as a courtesy to the applicant. While we strive to identify significant issues, the following notes may not identify all issues, even maior ones that may be raised during the formal review of your application. The information contained herein has been placed on file with the Department of Planning Services. Please submit a copy of this form when you submit a formal Land Use Application. If you have any questions regarding the process and/or application please call Michelle Martin at 970-353-6100 extension 3540, or email at mmartin(Wco.weld.co.us co.weld.co.us REVIEW: After the completeness review process, please submit your formal Land Use Application to the Department of Planning Services. Be sure all items on the submittal checklist are submitted in addition to the items outlined in the pre-application ,eeting and completeness review. An incomplete Land Use Application submittal will not be accepted. REVIEW STAFF: Planning: Michelle Martin— mmartin(a)co.weld.co.us - 970-353-6100 x 3540 Public Works: Heidi Hanson — hhanson(o)co.weld.co.us- 970-304-9496 x3745 Public Health: Lauren Light— —970-304-6415 x2211 Building Inspection: Ken Swanson— kswanson(Wco.weld.co.us—970-353-6100 x 3540 PLANNING COMMENTS The Department of Planning Services has reviewed the 7-Day Completeness Review and has the following comments. 1. The Application form needs to be completely filled out. 'Do we -y/30/1O 2. USR boundary needs to include the entire property boundary or the applicants shall apply for a Recorded Exemption. *Do%wg Recorded Exevupti,ow 3. Application fee of$3,750.00 4. Affidavit and certified names, addresses and the corresponding parcel number of all the properties located with 500 feet signed within 30 days of submitting a complete application. *Dated 7-/3o/10 5. Certificate of Conveyances signed within 30 days of submitting a complete application • l`updated 7/30/10 Weld County Department of Planning Services 918 10`" Street, Greeley CO 80631 Fax: 970-304-6498 Phone: 970-353-6100 x3540 • WELD COUNTY 6. Copy of the soils report. • *Aove7/3O/1O The questionnaire needs to go into more detail regarding the business aspects of the site. *Aot&e7/3O/1O PUBLIC WORKS COMMENTS I have reviewed the 7-Day Completeness Review. Public Works shall be looking for five critical items: ➢ Site Plan — Submitted ➢ Traffic Study—Not Required > Preliminary Drainage Report— Not Required(Water Quality Feature Submitted) > Geotechnical Soils Report— Not Required > Flood Hazard Development Standards —A portion of this site is in a FEMA floodplain *?owe 7/3O/1O - The pasture is it&the -fLoodpLalawe have wot?Laws to build Lt& the pasture. This phase of the planning process is a content review of the submitted materials, NOT a technical review. Comments made during this phase of the process will not be all-inclusive. The Public Works Department will perform a detailed technical review of the project once the submittal application is deemed acceptable and is promoted to the review phase of the planning process. HEALTH DEPARTMENT COMMENTS oth well permits are for domestic use only. It appears from the documentation in Accela that the applicants ill ,re advised in 2009 to check with Division of Water Resources regarding the commercial usage of the wells. othing in our packet was provided regarding commercial use of the wells. They may want to check with Water Resources prior to paying the submittal fee for the USR. If the business is located in the 3 car garage where are the sanitary facilities? Is the adjacent modular used for bathroom facilities or will a new bathroom be added to the garage? Will there be a total of 5 people using the office? Are 2 of those 5 the applicants? Do drivers come onto the property to pick up the large equipment to take to the job site? Is any maintenance of vehicles or equipment done on the site? We will require dust and waste handling plans. *subjects of weLls, restroow.s office staff have beet& expat&ded it& I.LSR Opp. *No vehicle or eciuipvu.et&t vu.aintet&awce is done ow site. *our ow-call driver Lives i block from the propertj he comes ow site to pick up the boowt truck when he weeds to go to a jobsite. *there is wo dust we are paved. *we produce owLu office ce waste. BUILDING INSPECTION COMMENTS A building permit is required for each structure with change of use, new or remodeled. *no ?Laws to build or remodel aniUthiwg it&the wear future. everluthing Ls existing • Weld County Department of Planning Services 918 10th Street, Greeley CO 80631 Fax: 970-304-6498 Phone: 970-353-6100 x3540 • WELD CO • UNTY • COMPLETENESS REVIEW 1 Q REVIEW DATE: 7/23/10 TYPE OF APPLICATION: USR LEGAL DESCRIPTION: Lot B of RE-519 pt N2 SE4 of Section 7, T2N, R66W COMPANY NAME/REPRESENTATIVE/OWNER: Latimer and Nancy Bohling PLEASE NOTE: The following completeness review notes are provided as a courtesy to the applicant. While we strive to identify significant issues, the following notes may not identify all issues, even major ones that may be raised during the formal review of your application. The information contained herein has been placed on file with the Department of Planning Services. Please submit a copy of this form when you submit a formal Land Use Application. If you have any questions regarding the process and/or application please call Michelle Martin at 970-353-6100 extension 3540, or email at mmartin@co.weld.co.us REVIEW: After the completeness review process, please submit your formal Land Use Application to the Department of !fanning Services. e sure all items on the submittal checklist are submitted in addition to the items outlined in the pre-application meeting and completeness review. An incomplete Land Use Application submittal will not be accepted. REVIEW STAFF: Planning: Michelle Martin— mmartinco.weld.co.us - 970-353-6100 x 3540 Public Works: Heidi Hanson — hhanson(a�co.weld.co.us- 970-304-9496 x3745 Public Health: Lauren Light— Ilightto�co.weld.co.us — 970-304-6415 x2211 Building Inspection: Ken Swanson— kswanson@co.weld.co.us —970-353-6100 x 3540 PLANNING COMMENTS The Department of Planning Services has reviewed the 7-Day Completeness Review and has the following comments. Y The Application form needs to be completely filled out. USR boundary needs to include the entire property boundary or the applicants shall apply for a Recorded Exemption. ,3. Application fee of $3,750.0O 4. Affidavit and certified names, addresses and the corresponding parcel number of all the properties located with 500 feet signed within 30 days of submitting a complete application. • Weld County Department of Planning Services 918 10th Street, Greeley CO 80631 Fax: 970-304-6498 Phone: 970-353-6100 x3540 • WELD COUNTY • Certificate of Conveyances signed within 30 days of submitting a complete application fi Copy of the soils report. ,r.r' The questionnaire needs to go into more detail regarding the business aspects of the site. -.' PUBLIC WORKS COMMENTS I have reviewed the 7-Day Completeness Review. Public Works shall be looking for five critical items: ➢ Site Plan — Submitted ➢ Traffic Study — Not Required ➢ Preliminary Drainage Report— Not Required (Water Quality Feature Submitted) ➢ Geotechnical Soils Report— Not Required ➢ Flood Hazard Development Standards—A portion of this site is in a FEMA floodplain This phase of the planning process is a content review of the submitted materials, NOT a technical review. Comments made during this phase of the process will not be all-inclusive. The Public Works Department will perform a detailed technical review of the project once the submittal application is deemed acceptable and is promoted to the review phase of the planning process. lillEALTH DEPARTMENT COMMENTS Both well permits are for domestic use only. It appears from the documentation in Accela that the applicants were advised in 2009 to check with Division of Water Resources regarding the commercial usage of the wells. Nothing in our packet was provided regarding commercial use of the wells. They may want to check with Water Resources prior to paying the submittal fee for the USR. If the business is located in the 3 car garage where are the sanitary facilities? Is the adjacent modular used for bathroom facilities or will a new bathroom be added to the garage? Will there be a total of 5 people using the office? Are 2 of those 5 the applicants? Do drivers come onto the property to pick up the large equipment to take to the job site? Is any maintenance of vehicles or equipment done on the site? We will require dust and waste handling plans. J BUILDING INSPECTION COMMENTS A building permit is required for each structure with change of use, new or remodeled. • Weld County Department of Planning Services 918 10th Street, Greeley CO 80631 Fax: 970-304-6498 Phone: 970-353-6100 x3540 • • . 7 Day Completeness Review • Subject: USR for a construction business Location: Lot B of RE-519 pt N2 SE4 of Section 7, T2N, R66W Applicant Name: Latimer and Nancy Bohling Planner: Michelle Martin go--) Department: Public Works Health (Building) Planning Comments: Ab v i.k d, e_e,,,.: - ,s oep..ureal -4 Our rtuA-o At-1 Pok JJ • Name: .� Date: —r a Date: July 13, 2010 Comments due no later than July 20, 2010 • Michelle Martin om: Lauren Light nt: Wednesday, July 14, 2010 4:01 PM o: Michelle Martin Subject: 7 day review Bohling Const business Both well permits are for domestic use only. It appears from the documentation in Accela that the applicants were advised in 2009 to check with Division of Water Resources regarding the commercial usage of the wells. Nothing in our packet was provided regarding commercial use of the wells. They may want to check with Water Resources prior to paying the submittal fee for the USR. If the business is located in the 3 car garage where are the sanitary facilities? Is the adjacent modular used for bathroom facilities or will a new bathroom be added to the garage? Will there be a total of 5 people using the office? Are 2 of those 5 the applicants? Do drivers come onto the property to pick up the large equipment to take to the job site? Is any maintenance of vehicles or equipment done on the site? We will require dust and waste handling plans. Lauren Light, M.B.S. Environmental Planner,Environmental Health Services Weld County Department of Public Health & Environment 1555 N. 17th Ave. Greeley,CO 80631 970-304-6415 Ext.2211 (office) 970-304-6411 (fax) • • 1 • • 7 Day Completeness Review • Subject: USR for a construction business Location: Lot B of RE-519 pt N2 SE4 of Section 7, T2N, R66W Applicant Name: Latimer and Nancy Bohling Planner: Michelle Martin Department: ublic Was Health Builgi47 ; Planning Comments. I : Jut. 14 fl L • Name: 44d c , s - Date: 7 - /5- /O Date: July 13, 2010 Comments due no later than July 20, 2010 • • "'Weld County Planning Department GREELEY OFFICE • (fl\ \\ MEMORAN ?nip ® TO: Michelle Martin, Planning Services DATE: July 16, 2010 IC FROM: Heidi Hansen, P.E., Public Works Department a COLORADO SUBJECT: 7-Day Completeness Review— Latimer and Nancy Bohling I have reviewed the 7-Day Completeness Review. Public Works shall be looking for five critical items: ➢ Site Plan— Submitted ➢ Traffic Study—Not Required ➢ Preliminary Drainage Report—Not Required(Water Quality Feature Submitted) ➢ Geotechnical Soils Report—Not Required ➢ Flood Hazard Development Standards—A portion of this site is in a FEMA floodplain This phase of the planning process is a content review of the submitted materials, NOT a technical review. Comments made during this phase of the process will not be all-inclusive. The Public Works Department will perform a detailed technical review of the project once the submittal application is deemed acceptable and is promoted to the review phase of the planning process. • Public Works has adequate materials to complete a technical review of this submittal. pc: 7-Day Completeness, Latimer& Nancy Bohling • M:\PLANNING—DEVELOPMENT REVIEW\7-DayCompletenessReviews\2010\Bohling Construction.docx • Michelle Martin Michelle Martin t: Monday, December 21, 2009 3:53 PM • DawnBohlingConst' Cc: Bethany Salzman Subject: RE: usr application Dawn, I just wanted to clarify that the Investigation fee will be required if the application is submitted after Jan 8, 2010. If a complete application is submitted on or before Jan 8, 2010 then the investigation fee will not be required. The investigation fee is fifty percent of permit fee; therefore the total fee if submitted on or before Jan 8, 2010 would be $2,500.00 if submitted on Jan. 9,2010 or later the fee would be $3,750.00. If you have any questions please don't hesitate to contact me. Michelle Martin Planner Ill 918 10th Street Greeley, CO 80631 mmartin@co.weld.co.us PHONE: (970) 353-6100 x 3540 FAX: (970)304-6498 om: DawnBohlingConst [mailto:dawnbohlingconst@aol.com] tt: Monday, December 21, 2009 1:10 PM To: Michelle Martin Subject: Re: usr application Michelle, Thank you so much for getting back to me so quickly on Friday. I had gone home early. I was not felling well, as I was very sore from fighting with a 750 lb. bull. I took us over 4 hours to get him loaded & taken up to the auction. I have been working on this & will continue to do so. I will be in contact with you next week. Have a Wonderful Holiday! Dawn 303-818-8541 cell# Dawn Thurston Stumblen Bumblen B's dba LATIMER BOHLING CONSTRUCTION 303-654-0456 OFFICE 303-857-4911 FAX •a message dated 12/18/09 16:16:42 Mountain Standard Time, mmartin(&co.weld.co.us writes: Dawn, 1 • • Unfortunately, we have not been able to connect on the phone therefore I thought I would allow up my last phone message with an email. Currently the following items are still missing m the Use by Special Review application and as such your Use by Special Review application has not been deemed complete. The Board of County Commissioners referred your violation case to the County Attorney's Office, but delayed legal action until November 23, 2009. Due to the holidays and this a busy time for everyone staff will not proceed with legal action until January 8, 2010; however, if the Use by Special Review application is not deemed complete by county staff by the 8th we will need to proceed with legal action: One original application form One copy of the Special Review plat map (24" X 36") One copy of document showing evidence of adequate water supply—currently the well is only permitted for residential use you will need evidence the well is adequate for the business and employees or be approved by the state for a commercial well • One original Certificate of Conveyances form and any attachments, completed within thirty days of the application submission date One copy of Soils Report(soils reports are available from local soil conservation service offices or at www.nres.com or hit pi, vebsoilsurvey.nres.usda.uov/app/HomePage.htm) • 2 One copy of affidavit and certified list Ile names, addresses and the correspondinalkcel identification number assigned by the Weld County Assessor of the owners'of property(the surface estate) within five hundred feet of property being considered.This list shall be compiled from the records of the Weld County Assessor, the eld County Website, or a person qualified to do the task, and shall be current as of a date no more w.co.weld.co.us.than thirty days prior to the date the application is submitted to the Department of Planning Services. Application fee Investigation fee, if required(fifty percent of permit fee) Preliminary Drainage Report—statement about the drainage Preliminary Traffic Study—estimated number of traffic trips ckets shall be bound with either paper clips or binder clips (no substitutes) in the order listed below. Applications bound in any other fashion may be returned to the applicant without review. Packet 1 will contain one original of all of the application materials Packets 2 - 4 will contain one copy of all of the application materials If you have any questions or if you would like to meet to go over the application process you can contact me at the below number and / or email. Please keep in mind that County Offices will be closed for the Holidays on December 24tH 25tH 31st and January 1St Michelle Martin tanner 111 18 10th Street Greeley,CO 80631 mmartig(n co.weld.co.us 3 PHONE: (970) 353-6100 x 3540 FAX: (970)304-6498 • • 4 ichelle Martin • • From: Michelle Martin nt: Friday, December 18, 2009 4:16 PM 'NancyB10501@aol.com'; 'DawnBohlingConst@aol.com' Cc: Bethany Salzman Subject: usr application Dawn, Unfortunately, we have not been able to connect on the phone therefore I thought I would follow up my last phone message with an email. Currently the following items are still missing from the Use by Special Review application and as such your Use by Special Review application has not been deemed complete. The Board of County Commissioners referred your violation case to the County Attorney's Office, but delayed legal action until November 23, 2009. Due to the holidays and this a busy time for everyone staff will not proceed with legal action until January 8, 2010; however, if the Use by Special Review application is not deemed complete by county staff by the 8` we will need to proceed with legal action: One original application form One copy of the Special Review plat map (24" X 36") One copy of document showing evidence of adequate water supply—currently the well is only permitted for residential use you will need evidence the well is adequate for the business and employees or be approved by the state for a commercial well e original Certificate of Conveyances form and any attachments, completed within thirty days of the plication submission date One copy of Soils Report (soils reports are available from local soil conservation service offices or at www.nrcs.com or http://websoilsurvey.nres.usda.gov/app/HomePage.htm) • 1 We copy of affidavit and certified lift the names, addresses and the correllinding parcel identification number assigned by the Weld County Assessor of the owners' of property(the surface estate)within five hundred feet of property being considered. This list shall be compiled from the records of the Weld County sassessor, the Weld County Website, or a person qualified to do the task, and shall be current as of a date no ore www.co.weld.co.us.than thirty days prior to the date the application is submitted to the Department of Planning Services. Application fee Investigation fee, if required (fifty percent of permit fee) Preliminary Drainage Report—statement about the drainage Preliminary Traffic Study— estimated number of traffic trips Packets shall be bound with either paper clips or binder clips (no substitutes) in the order listed below. Applications bound in any other fashion may be returned to the applicant without review. Packet 1 will contain one original of all of the application materials Packets 2 - 4 will contain one copy of all of the application materials If you have any questions or if you would like to meet to go over the application process you can contact me at the below number and /or email. Please keep in mind that County Offices will be closed for the Holidays on December 24`h, 25`h, 31 s1 and January 1 s`. ichelle Martin inner III 918 10th Street Greeley, CO 80631 mmartin@co.weld.co.us PHONE: (970)353-6100 x 3540 FAX: (970) 304-6498 • 2
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