HomeMy WebLinkAbout20091649.tiffINVENTORY OF ITEMS FOR CONSIDERATION
Applicant Balderas Case Number USR-1696
Submitted or Prepared
At
Hearing
Prior to
Hearing
PC Resolution
1
Staff Comments
X
Department of Planning Services Field Check Form
X
Planning Commissioner Field Check Form
Letter to Applicant
X
Affidavit of sign posting
X
2
Legal Notifications
X
3
Application
X
4
Referral List
X
Referrals without comment
X
Weld County Sheriffs Office, referral dated March 18, 2009
X
State of Colorado Division of Wildlife, referral dated March 27, 2009
X
5
Referrals with comments
X
X
F
X
X
Weld County Department of Public Health and Environment, referral dated April 20,
2009
X
Weld County Department of Public Works, referral dated March 30, 2009
X
Weld County Building Department, referral dated April 16, 2009
X
Weld County Zoning Compliance, referral dated March 19, 2009
X
Weld County Department of Planning Services, Landscape referral dated March
18, 2009
X
Fort Lupton Fire Protection District, referral dated March 27, 2009
X
State of Colorado Department of Transportation, referral dated April 16, 2009
X
6
Maps
X
7
Deed/ Easement Certificate
X
8
Surrounding Property / Mineral Owners
X
9
Utilities
X
10
Soil Survey
X
I hereby certify that the twenty four items identified herein were submitted to the Department of Planning Services at or prior to the
scheduled Board of County Commissioners hearing.
EXHIBIT
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2009-1649
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LAND USE APPLICATION
SUMMARY SHEET
Planner: Jacqueline Hatch-Drouillard
Case Number: USR-1696 Hearing Date: July 7, 2009
Applicant: Manuel and Anita Balderas 2732 County Road 27, Fort Lupton CO 80621
Site Address: 7853 State Highway 85, Fort Lupton CO 80621
Request: A Site Specific Development Plan and a Special Review Permit for a Use by
Right, an accessory use, or a Use by Special Review in the Commercial or
Industrial Zone District (auto sales, salvage, services, and repair) in the (A)
Agricultural Zone District.
Legal Description: Lot A of RE -2012 being part of the E2 NE4 of Section 30, T2N, R66W of the 6`"
P.M., Weld County, CO.
Location: West of and adjacent to State Highway 85 and approximately % mile south of
County Road 18.
Size of Parcel: 3.5 +/- acre
Parcel Number: 1309 30 100034
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:
• Weld County Sheriffs Office, referral dated March 18, 2009
• State of Colorado Division of Wildlife, referral dated March 27, 2009
With Comments:
• Weld County Department of Public Health and Environment, referral dated April 20, 2009
• Weld County Department of Public Works, referral dated March 30, 2009
• Weld County Building Department, referral dated April 16, 2009
• Weld County Zoning Compliance, referral dated March 19, 2009
• Weld County Department of Planning Services, Landscape referral dated March 18, 2009
• Fort Lupton Fire Protection District, referral dated March 27, 2009
• State of Colorado Department of Transportation, referral dated April 16, 2009
The following agencies have not responded:
• Weld County Department of Emergency Management
• Weld County Ambulance Services
• State of Colorado Department of Public Health and Environment
• Platte Valley Soil Conservation District
• City of Fort Lupton
EXHIBIT
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USR-1696 Balderas Page 1
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SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
Planner: Jacqueline Hatch-Drouillard
Case Number: USR-1696 Hearing Date: July 7, 2009
Applicant: Manuel and Anita Balderas 2732 County Road 27, Fort Lupton CO 80621
Site Address: 7853 State Highway 85, Fort Lupton CO 80621
Request: A Site Specific Development Plan and a Special Review Permit for a Use by
Right, an accessory use, or a Use by Special Review in the Commercial or
Industrial Zone District (auto sales, salvage, services, and repair) in the (A)
Agricultural Zone District.
Legal Description: Lot A of RE -2012 being part of the E2 NE4 of Section 30, T2N, R66W of the 6th
P.M., Weld County, CO.
Location: West of and adjacent to State Highway 85 and approximately % mile south of
County Road 18.
Size of Parcel: 3.5 +/- acre
Parcel Number: 1309 30 100034
THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE
APPROVED FOR THE FOLLOWING REASONS:
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 A.Goal 7, 1 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."
The site currently has a single family home and two outbuildings. The applicant is
proposing to construct a new building (60x100) on site for the business. The site is
currently fenced and all outdoor storage of materials will be located within the screened
area. The property is serviced by a commercial well and an individual sewage disposal
system. The property is currently in violation (ZCV08-00385) due to the operation of M &
B Towing and salvage yard without first obtaining the appropriate zoning permits.
USR-1696 Balderas Page 2
The surrounding properties are zoned (A) Agricultural and there are five property owners
within 500' of the site. The proposed use would be compatible with the region since any
outdoor storage of materials will be located in a screened area.
No comments have been received from surrounding property owners. Three letters of
support were submitted with the application material from the Colorado State Patrol, City
of Brighton Police Department and the City of Fort Lupton Police Department.
B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the (A)
Agricultural Zone Districts. Section 23-3-40.R allows for any use permitted as a Use by
Right, an accessory use, or a Use By Special Review in the commercial or industrial
zoned districts in the (A) Agricultural Zone Districts.
C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the
existing surrounding land uses.
The surrounding properties are primarily zoned (A) Agricultural. There are two properties
located to the north east of the site that are zoned (1-3) Industrial that both are being
utilized for industrial uses. The City of Fort Lupton is located approximately % mile to the
south. The closest home is located approximately Y4 mile to the west. State Highway 85
is adjacent to the property to the east. AMUSR-1255 for a gravel pit is located
approximately % mile to the west. The proposed use would be compatible with the
region since any outdoor storage of materials will be located within a screened area.
The property is located within the three mile referral area for the City of Fort Lupton. No
comments were received from the City of Fort Lupton.
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.
Staff believes that the Conditions of Approval and Development Standards will ensure
that the use will be compatible with existing surrounding land uses. The outdoor storage
of materials will be kept in an opaque screened area.
Section 23-2-220.A.5 -- The application complies with Section 23-5 of the Weld County
Code. The existing site is within the County Road Impact Fee Area and the Capital
Expansion Impact Fee and the Stormwater/Drainage Impact Fee.
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 and the
Stormwater/Drainage 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 primarily classified as "prime" land as delineated on the Important
Farmlands of Weld County map, dated 1979. The property is approximately 3.5 acres in
size and is not currently being utilized for agricultural purposes.
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
USR-1696 Balderas Page 3
Standards can ensure that there are adequate provisions for the protection of health,
safety, and welfare of the inhabitants of the neighborhood and County.
The site is currently in violation (ZCV08-00385) due to the operation of M & B Towing and salvage yard
without first obtaining the necessary Weld County Permits. This application if approved by the Board of
County Commissioners will correct the violation. If this application is denied staff is requesting that the
violation case be referred to the County Attorney's Office, but delay legal action for thirty (30) days in
order to give the applicant adequate time to remove all commercial storage and operations from the
property.
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.
The Department of Planning Services' staff recommendation for approval is conditional upon the
following:
1. Prior to recording the mylar:
The applicant shall submit a dust abatement plan, for on site dust, for review and
approval to the Environmental Health Services, Weld County Department of Public
Health and Environment. Evidence of approval shall be submitted to the Weld County
Department of Planning Services. (Department of Public Health and Environment)
B. The applicant shall submit evidence of an Air Pollution Emission Notice (A.P.E.N) and
Emission Permit application from the Air Pollution Control Division, Colorado Department
of Public Health and Environment, if applicable. Alternatively, the applicant can provide
evidence from the APCD that they are not subject to these requirements. Evidence of
approval shall be submitted to the Weld County Department of Planning Services.
(Department of Public Health and Environment)
C. In the event that 1 or more acres are disturbed during the construction and development
of this site, the applicant shall obtain a stormwater discharge permit from the Water
Quality Control Division of the Colorado Department of Public Health and Environment.
Evidence of approval shall be submitted to the Weld County Department of Planning
Services. (Department of Public Health and Environment)
D. The applicant shall submit a waste handling plan, for approval, to the Environment Health
Services Division of the Weld County Department of Public Health and Environment.
Evidence of approval shall be submitted to the Weld County Department of Planning
Services. The plan at a minimum shall include, the following:
1. A list of wastes which are expected to be generated on site (this should include
expected volumes and types of waste generated.
2. A list of the type and volume of chemicals expected to be stored on site.
3. The waste handler and facility where the waste will be disposed (including the
facility name, address, and phone number). (Department of Public Health and
Environment)
E. The applicant shall address the requirements of the Department of Public Works referral
as stated in the response dated March 30, 2009. Written evidence of such shall be
submitted in writing to the Department of Planning Services. (Department of Planning
Services)
F. The applicant shall address the requirements of the Department of Planning Services
Landscape referral as stated in the response dated March 18, 2009. Written evidence of
such shall be submitted in writing to the Department of Planning Services. (Department
of Planning Services)
USR-1696 Balderas Page 4
G. The applicant shall address the requirements of the Department of Building Services
referral as stated in the response dated April 16, 2009. Written evidence of such shall be
submitted in writing to the Department of Planning Services. (Department of Planning
Services)
H. The applicant shall address the requirements of the Fort Lupton Fire Protection District
referral as stated in the response dated March 27, 2009. Written evidence of such shall
be submitted in writing to the Department of Planning Services. (Department of Planning
Services)
The applicant shall address the requirements of the State of Colorado Department of
Transportation referral as stated in the response dated April 16, 2009. Written evidence
of such shall be submitted in writing to the Department of Planning Services.
(Department of Planning Services)
J. The applicant shall submit an Improvements Agreement. The applicant shall submit to
the Department of Planning Services an itemized exhibit A and exhibit B for review. The
agreement and form of collateral shall be reviewed by County Staff and accepted by the
Board of County Commissioners prior to recording the Use by Special Review plat.
Alternatively, applicant may submit evidence that all the work has been completed and
approved by the Department of Planning Services and the Department of Public Works.
(Department of Planning Services)
2. The plat shall be amended to delineate the following:
A. All sheets of the plat shall be labeled USR-1696. (Department of Planning Services)
B. The attached Development Standards. (Department of Planning Services)
C. The existing and future right-of-way for State Highway 85 shall be delineated on the plat.
(Department of Public Works)
D. County Road 18 is designated on the Weld County Road Classification Plan as a
collector status road, which requires 80 feet of right-of-way. There is presently 60 feet of
right-of-way. The applicant shall verify and delineate on the plat the existing and future
right-of-way. (Department of Public Works)
E. The location of the dumpsters and enclosures shall be delineated on the plat.
(Department of Planning Services)
The primary and secondary septic system locations do not need to be delineated on the
plat therefore they can be removed. (Department of Public Health and Environment)
G. The plat shall be prepared in accordance with Section 23-2-260.D of the Weld County
Code. (Department of Planning Services)
3. Prior to issuance of the Certificate of Occupancy:
A. An individual sewage disposal system is required for the proposed site and shall be
installed according to the Weld County Individual Sewage Disposal Regulations. The
septic system is required to be designed by a Colorado Registered Professional Engineer
according to the Weld County Individual Sewage Disposal Regulations. Evidence of
approval shall be submitted to the Weld County Department of Planning Services.
(Department of Public Health and Environment)
4. Upon completion of 1. and 2. 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
USR-1696 Balderas Page 5
prepared in accordance with the requirements of Section 23-2-260.0 of the Weld County Code.
The Mylar plat and additional requirements shall be submitted within thirty (30) days from the date
of the Board of County Commissioners resolution. The applicant shall be responsible for paying
the recording fee. (Department of Planning Services)
5. 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.
6. 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 maosCc.co.weld.co.us. (Department of Planning Services)
6. 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-1696 Balderas Page 6
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SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Balderas
USR-1696
A Site Specific Development Plan and a Special Review Permit for a Use by Right, an accessory
use, or a Use by Special Review in the Commercial or Industrial Zone District (auto sales,
salvage, services, and repair) in the (A) Agricultural Zone District and subject to the Development
Standards stated hereon. (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 hours of operation are 9:00am to 5:00pm Monday through Friday, 8:00am to 2:00pm on
Saturdays, closed on Sunday and Holidays. Towing services will be conducted 24 hours a day 7
days a week. (Department of Planning Services)
4. No more than 10 employees are permitted on site. (Department of Planning Services)
5. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act,
30-20-100.5, C.R.S., as amended) shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination. (Department of Public Health and
Environment)
6. No permanent disposal of wastes shall be permitted at this site. This is not meant to include
those wastes specifically excluded from the definition of a solid waste in the Solid Wastes
Disposal Sites and Facilities Act, 30-20-100.5, C.R.S., as amended. (Department of Public Health
and Environment)
• 7. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust,
fugitive particulate emissions, blowing debris, and other potential nuisance conditions.
(Department of Public Health and Environment)
8. The applicant shall operate in accordance with the approved "waste handling plan", at all times.
(Department of Public Health and Environment)
9. 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)
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 Industrial Zone
as delineated in Section 14-9-30 of the Weld County Code. (Department of Public Health and
Environment)
12. 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)
13. Adequate toilet facilities (portable toilets) and hand washing units shall be provided during the
construction of the facility. (Department of Public Health and Environment)
• 14. Bottled water shall be utilized for drinking during construction of the project. (Department of
Public Health and Environment)
USR-1696 Balderas Page 7
15. Adequate hand washing and toilet facilities shall be provided for employees and patrons of the
facility, at all times. (Department of Public Health and Environment)
• 16. A permanent, adequate water supply shall be provided for drinking and sanitary purposes. The
facility shall utilize the existing commercial well (permit 67171-F). (Department of Public Health
and Environment)
17. All potentially hazardous chemicals must be stored and handled in a safe manner in accordance
with product labeling and in a manner that minimized the release of hazardous air pollutants
(HAP's) and volatile organic compounds (VOC's). (Department of Public Health and
Environment)
18. 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. The Department of Public Health and Environment strongly encourage the
applicant to test their drinking water prior to consumption and periodically test it over time.
(Department of Public Health and Environment)
19. If applicable, the applicant shall obtain a stormwater discharge permit from the Colorado
Department of Public Health and Environment, Water Quality Control Division. (Department of
Public Health and Environment)
20. The operation shall comply with all applicable rules and regulations of the State and Federal
agencies and the Weld County Code. (Department of Public Health and Environment)
•
21. 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)
22. 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)
23. The site shall adhere to the Lighting regulations as outlined in Section 23-2-160.U.6 of the Weld
County Code, as amended. (Department of Planning Services)
24. The applicant shall adhere to the approved Screening Plan. (Department of Planning Services)
25. No parking or staging is allowed on County Roads or State Highways. (Department of Planning
Services)
26. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code.
27. The property owner or operator shall be responsible for complying with the Operation Standards
of Section 23-2-250, Weld County Code.
28. Building permits shall be obtained prior to the construction of any building. Buildings that meet the
definition of an Ag Exempt Building per the requirements of Section 29-1-20 and Section 29-3-
20.B.13 of the Weld County Code do not need building permits, however, a Certificate of
Compliance must be filed with the Planning Department and an electrical and/or plumbing permit
is required for any electrical service to the building or water for watering or washing of livestock or
poultry. (Department of Building Inspection)
• 29. Buildings shall conform to the requirements of the various codes adopted at the time of permit
application. (Department of Building Inspection)
USR-1696 Balderas Page 8
30. All building plans shall be submitted to Fort Lupton Fire Protection District for review and approval
prior to issue of Building Permits. (Department of Building Inspection)
• 31. The historical flow patterns and run-off 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)
32. 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.
33. 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.
34. 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.
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35. 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
USR-1696 Balderas Page 9
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-1696 Balderas Page 10
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'liRe.
COLORADO
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May 22, 2009
DEPARTMENT OF PLANNING SERVICES
SOUTHWEST OFFICE
4209 CR 24.5
LONGMONT, CO 80504
PHONE: (720) 652-4210, Ext. 8730
FAX: (720) 652-4211
Manuel & Anita Balderas
2732 CR 27
Ft. Lupton CO 80621
Subject: USR-1696 - 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 (auto sales,
salvage, services, and repair) in the A (Agricultural) Zone District on a parcel of land described as Lot A RE -2012 being
part of E2 NE4 being in Section 30, T2N, R66W of the 6th P.M., Weld County, Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on July 7, 2009, at 1:30 p.m. This meeting will
take place in the Hearing Room, Weld County Planning Department, 918 10th St, Greeley, Colorado. A subsequent
hearing will be held on July 22, 2009 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 packets one week prior to the scheduled Planning Commission Hearing.
If you have any questions concerning this matter, please call.
Respectfully,
yid
Jacqueline Hatch
Planner
•
•
•
WIIDe
March 16, 2009
DEPARTtv1ENT OF PLANNING SERVICES
SOUTHW EST OFFICE
4209 CR 24.5
LONGMONT, CO 80504
PHONE: (720) 652-4210, Ext. 8730
FAX: (720) 652-4211
Manuel & Anita Balderas
7853 Hwy 85
Ft. Lupton CO 80621
Subject: USR-1696 - Request for a Site Specific Development Plan and Use by Special Review Permit
for a Use by Right, an Accessory Use, or a Use by Special Review in the Commercial or
Industrial Zone Districts (auto sales, salvage, services, and repair) in the A (Agricultural) Zone
Districts. on a parcel of land described as Lot A of RE -2012 being part of E2 NE4 being in
Section 30, 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 show 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 Fort Lupton Planning
Commission for their review and comments. Please call Fort Lupton at 303-857-6694 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 Fort Lupton 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,
1 A th
Jacqueline Hatch
Planner
•
•
•
PLANNING COMMISSIONERS' SIGN POSTING
CERTIFICATE
THE LAST DAY TO POST THE SIGN IS June 27, 2009 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, Jacqueline Hatch-Drouillard, 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-1696 IN THE A (Agricultural)
ZONE DISTRICT.
Jacqueline Hatch-Drouillard
Name of Person Posting Sign — Jacqueline Hatch-Drouillard
STATE OF COLORADO
) ss.
COUNTY OF WELD
The foregoing instrument was subscrib
2009. WITNESS my hand and offici
otary Public
Signature of Person Posting Sign
to me thisday of
Ct"0F Ceti -
My Commission Expires
My Commission Expires: 10-14-2011
..__ _
. _ _ _ _ _
i it" friar -
• _
FIELD CHECK Inspection Date: 6/24/09
APPLICANT:
CASE #:
REQUEST:
LEGAL:
LOCATION:
PARCEL ID #:
ACRES:
Manuel and Anita Balderas
USR-1696
A Site Specific Development Plan and a Special Review Permit for a Use by Right, an accessory use, or a
Use by Special Review in the Commercial or Industrial Zone District (auto sales, salvage, services, and
repair) in the Agricultural Zone Districts.
Lot A of RE -2012 being part of E2 NE4 being in Section 30, T2N, R66W of the 6'" P.M., Weld County, CO.
West of and adjacent to State Highway 85 and south of and adjacent to County Road 18.
1309 30 100034
3.5 +/- acres
Zoning
Land Use
N
Agricultural
N
Agricultural
E
Agricultural
E
Agricultural
S
Agricultural
S
Agricultural
W
Agricultural
W
Agricultural
Comments:
Property has solid 6' fence completely around the facility, and additional area for
customer parking has a chain link fence around it.
A single family home is on the property
A couple of barns are also on site.
Property looks clean
Access is off of Hwy 85
Signature
❑ House(s)
o Outbuilding(s)
❑ Access to Property
o Crop Productions
❑ Site Distance
o Mobile Home(s)
o Other Animals On -Site
❑ Water Bodies
o Ditch
❑ Derelict Vehicles
o Non-commercial junkyard (list components)
❑ Irrigation Sprinkler
o Crops
❑ Wetlands
o Oil & Gas Structures
❑ Wildlife
o Utilities On -Site (transmission lines)
o Topography
Note any commercial business/commercial vehicles that are operating from the site.
• WELD COUNTY •
•
COMPLETENESS REVIEW
REVIEW DATE: 2/25/09
TYPE OF APPLICATION: Use by Special Review (USR)
NARRATIVE: A USR for auto sales, salvage, towing, services and repair.
66
LEGAL DESCRIPTION: Lot A of RE -2012 being part of the NE4 of Section 30, T2N, R63W
COMPANY NAME/REPRESENTATIVE/OWNER: property owner — Manuel and Anita Balderas
PARCEL NUMBER: 1309 30 100034
SECTION - TOWNSHIP - RANGE: 30-2-66
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
tqueline Hatch-Drouillard at 720-652-4210 extension 8730, or email at jhatch(a)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 meeting and completeness review. An incomplete Land Use Application submittal
will not be accepted.
REVIEW STAFF:
Planning: Jacqueline Hatch-Drouillard —jhatch@co.weld.co.us - 720-652-4210 x8730
Public Works: Clay Kimmi — ckimmia,co.weld.co.us - 970-304-9496 x3750
Public Health: Lauren Light — Ilight(a�co.weld.co.us — 970-304-6415 x2211
Building: Frank Piacentino — fpiacentinoco.weld.co.us - 720-652-4210 x8730
Iteley Office —
10th Street, Greeley CO 80631
Phone: 970-353-6100 x3540
Fax: 970-304-6498
Weld County Department of Planning Services
Longmont Office —
4290 County Road 24.5, Longmont CO 80504
Phone: 720-652-4210 x8730
Fax: 720-652-4211
• WELD COUNTY •
PLANNING COMMENTS
The Department of Planning Services has reviewed the 7 -Day Completeness Review and has no
•ditional requirements at this time.
BUILDING COMMENTS
The Department of Building Inspections has reviewed the 7 -Day Completeness Review and states
that a building permit will be required for any structures built or change of use of any building.
PUBLIC WORKS COMMENTS
Public Works has reviewed the 7 -Day Completeness Review and note the following:
Site Plan: A site plan was submitted. A detailed review of the site plan was not completed at this
step of the process but it is noted that the water quality features and drainage areas need to be
shown on the site plan drawing. Drainage easements for the water quality features also need to be
shown. mod; Fted t as r1'ete;seet•
Traffic Study: Weld County Public works has waived the traffic study requirement. Please provide
traffic counts for the number of employees as well as delivery trucks and customers. Asior.to Q„y r<o,,,,
Preliminary Drainage Report: Weld County Public works has waived the drainage report
requirement but, a water quality capture feature and volume calculation is required see Urban
Drainage and Flood Control District; Volume Ill; section 4.4.2 for the calculation procedure. The
•culations were included with the submittal but were not reviewed at this step in the process.
Geotechnical Soils Report: Weld County Public works will not require a Geotechnical Soil Report.
Flood Hazard Development Permit: The site is not within a FEMA designated 100-yr floodplain.
Summary: The Public Works Department feels that the applicant can submit the application
including the above requirements.
HEALTH DEPARTMENT COMMENTS
The Health Department has reviewed the 7 -Day Completeness Review and has noted the following
1. why is there a concrete wash out pit? e -- tan r1 be. ,Siio=.'n an Gigs : eti eon 144;en
2. how will fluids leakin$ out of cars be contained? It is not able to go onto the ground or into the
septic. Was&c. �4 r//. P/a.-,
3. portable toilets are not allowWd
4. where is painting being done? Inside or outside? Will need air permit from the State.
5. provide a detailed waste handling plan including all fluids such as oil, antifreeze, paints etc.
Weld County Department of Planning Services
eler Office — Longmont Office -
8 10 Street, Greeley CO 80631 4290 County Road 24.5, Longmont CO 80504
Phone: 970-353-6100 x3540 Phone: 720-652-4210 x8730
Fax: 970-304-6498 Fax: 720-652-4211
FIELD CHECK
P.C. Member
CASE NUMBER: USR-1696 DATE OF INSPECTION: J/
APPLICANT'S NAME: Manuel & Anita Balderas
PLANNER: Jacqueline Hatch
REQUEST: A Site Specific Development Plan and Use by Special Reiview Permit for a Use by Right, an
Accessory Use, or a Use by Special Review in the Commercial or Industrial Zone Districts
(auto sales, salvage, services, and repair) in the A (Agricultural) Zone Districts..
LEGAL DESCRIPTION:
Lot A of RE -2012 being part of E2 NE4 being in Section 30, T2N, R66W of the 6th P.M.,
Weld County, Colorado.
LOCATION: West of and adjacent to State Highway 85 and south of and adjacent to CR 18.
LAND USE:
N
E
S _
W
fwd
EL° Ati u 5 ) — G6-9
4 -rd. YI oW I` t//tade (am/
c --t( 0 vA,a5 -
ZONING: N A (Agricultural)
E A (Agricultural)
S A (Agricultural)
W A (Agricultural)
COMMENTS:
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