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INVENTORY OF ITEMS FOR CONSIDERATION
Applicant Raymond and Dorthula Lohr Case Number USR-1401
Submitted or Prepared
Prior to At
Hearing Hearing
1 Staff Comments X
Department of Planning Services Field Check Form X
Letter to Applicant X
Affadavit of sign posting X
Legal Notifications X
2 Application X
Maps X
Deed/Easement Certificate X
Surrounding Property/Mineral Owners X
3 Referral List X
4 Referrals with comments X
Weld County Zoning Compliance,referral received 8/14/02 X
Weld County Department of Public Works,referral received 9/5/02 X
Weld County Department of Building Inspection,referral received 9/12/02 X
Weld County Department of Public Health and Environment,referral received X
9/26/2002
Colorado Department of Transportation,referral received 8/22/02 X
Greeley Soil Conservation District,referral received 8/20/2002 X
5 Surrounding Property Owners-Letters X
Letter from Stanley and Linda Sessions,received 10/7/02 X
Letter from Keith Brumley,received 10/7/02 X
Letter from Dan and Debbie Baker,received 10/8/2002 X
Letter from Ronald and Tammi Gemaehlich,received 10/8/02 X
6 PC Exhibits
6A NCWCD letter 10-7-22 X
6B Dvorak letter X
• Planning Commission Resolution
I hereby certify that the• items identified herein were submitted to the Department of Ian i g ervices at or prior to the
scheduled Board f Co 1} Commissioners hearing.
Lauren Light 4 Planner
OUCH'SIT
USE tit-i01
2002-2842
6teri
WIiDc. LAND USE
APPLICATION
SUMMARY SHEET
COLORADO
Planner: Lauren Light
Case Number: USR-1401
Hearing Date: October 15, 2002
Applicant: Raymond and Dorthula Lohr
Address: 32549 WCR 51
Greeley, CO 80631
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 Districts(Portable Restroom Business)in the A(Agricultural)
Zone District
Legal Description: S2NE4 of Section 19, Township 6 North, Range 64 West of the 6th P.M.,
Weld County, Colorado
Location: West of and adjacent to Weld County Road 51; approximately 1/2 mile south
of State Highway 392
Size of Parcel: 80 +/- acres
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:
• Weld County Department of Public Health and Environment, referral received 9/26/2002
• Weld County Department of Public Works, referral received 9/5/2002
• Weld County Zoning Compliance, referral received 8/14/2002
• Weld County Department of Building Inspection, referral received 9/12/2002
• Colorado Department of Transportation, referral received 8/22/2002
• Greeley Soil Conservation District, referral received 8/20/02
USR-1401, Lohr 1 -S I
The Department of Planning Services' has not received responses from the following agencies:
• State Division of Wildlife
• State Department of Health
• Galeton Fire Protection District
• Cache La Poudre Ditch Company
USR-1401,Lohr 2
SPECIAL REVIEW PERMIT
fatarili6 ADMINISTRATIVE REVIEW
Elk
COLORADO
Planner: Lauren Light
Case Number: USR-1401
Hearing Date: October 15, 2002
Applicant: Raymond and Dorthula Lohr
Address: 32549 WCR 51
Greeley, CO 80631
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 Districts(Portable Restroom Business)in the A(Agricultural)
Zone District
Legal Description: S2NE4 of Section 19, Township 6 North, Range 64 West of the 6th P.M.,
Weld County, Colorado
Location: West of and adjacent to Weld County Road 51; approximately 1/2 mile south
of State Highway 392
Size of Parcel: 80 +/- acres
Parcel Number: 0801 19 000012
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 ordinances in effect. Section 22-2-130.D.1 (I.
Goal 4) promotes industrial development that is appropriately located in relation to
surrounding land uses,and that meets necessary environmental standards. Section
USR-1401,Lohr 3
22-2-150.A.C.1 (1.C.Goal 1) encourages the expansion and diversification of the
commercial economic base. Section 22-2-150.B.C.2 (1.C.Goal 2) states "Ensure
the compatibility of commercial land uses with adjacent land uses." The
Development Standards, Conditions of Approval and Operations Standards will
effectively mitigate any adverse impacts to surrounding areas.
b. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A
(Agricultural)Zone District. Section 23-3-40.R. of the Weld County Code provides
for 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. Section 23-3-320.6.1
allows any use of a research, repair, manufacturing, fabricating, processing,
assembling or storage nature as a use allowed by right in the 1-2 (Industrial) Zone
District. The use may be conducted outside of an enclosed building, provided that
the use and/or operations of the use are screened from adjacent public rights-of-
way and adjacent properties.
c. Section 23-2-220.A.3--The uses which will be permitted will be compatible with the
existing surrounding land uses. The boundary for the USR is surrounded to the
north by the remainder of the applicants property which contains their home and
crop land. There are agricultural lands located to the south and west. To the east
of the property is the Lindies Lake Subdivision.
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 site is not located within the three mile
referral area of any towns or municipalities.
Although the applicants indicate their business supports farming, the agricultural
aspect is provided on a seasonal basis as the need for migrant workers is greatly
reduced during the winter months. While the applicants present location may be
appropriate to initially start their business any expansion would be compatible in an
area specifically zoned for the use such as a commercial or industrial area.
Commercial and industrial properties are commonly located in an area where
adequate infrastructure such as sewer,water and transportation routes are located.
Compatibility with similar adjacent land uses is readily accomplished when the
neighboring properties are zoned specifically for commercial and industrial uses.
There is currently a zoning violation on the property due to the commercial/industrial
business being operated without a Use by Special Review permit. In order to
ensure compatibility of the present use with adjacent properties screening of all
outside storage of vehicles and equipment would be required. A temporary mobile
home for an office should be located in an area where it is not readily visible from
public rights-of-way or adjacent properties. Although the proposed 3,000 square
foot building would be allowed in the agricultural zone district for an agricultural use
the Department of Planning Services does not support the construction of the
building to be used for a commercial/industrial business due to the intensity of the
ea, business.
USR-1401,Lohr 4
n
e. Section 23-2-220.A.5 --The site does not lie within any Overlay Districts.
f. Section 23-2-220.A.6 —The site is designated "Prime" and "Irrigated Land, not
prime"as identified on the Farmlands of National Importance map dated 1979. The
approximately 1.7 acre site will not take prime farmland out of production or make
farming practices less efficient as the applicants have indicated they will continue
to farm the remainder of the 80 acre parcel.
g. Section 23-2-220.A.7 -- The Design Standards (Section 23-2-240, Weld County
Code), Operation Standards (Section 23-2-250, Weld County Code), Conditions
of Approval and Development Standards ensure that there are adequate provisions
for the protection of 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.
The Department of Planning Services' staff recommendation for approval is conditional upon the
following:
1. Prior to recording the plat:
A. The plat shall delineate the following:
1) The attached Development Standards. (Department of Planning Services)
2) The plat shall be labeled Use by Special Review USR-1401. (Department
of Planning Services)
3) Amend the USR boundary to include the existing residence which will be
utilized for a restroom facility. (Department of Planning Services,
Department of Public Health and Environment)
4) All signage shall be indicated by location and size and shall adhere to
Section 23-4-90.A and B of the Weld County Code. (Department of Planning
Services)
5) Lighting shall be indicated in accordance with Section 23-3-360.F of the
Weld County Code. (Department of Planning Services)
6) Four(4)parking spaces, including spaces which adhere to ADA standards.
Parking shall be screened from public rights-of-way and adjacent properties
and shall meet the requirements of Section 23-3-350.B of the Weld County
Code. (Department of Planning Services)
USR-1401,Lohr 5
7) A trash collection area in accordance with Section 23-3-350.H of the Weld
County Code. (Department of Planning Services)
8) Adequate screening for parking, storage and loading areas shall be clearly
indicated and shall meet the requirements of Section 23-3-320 of the Weld
County Code. Adequate screening of outside storage shall be provided with
solid board fencing spaced 1/4 inch apart and a minimum of eight (8) feet
in height or an equivalent screening provided that is approved by the
Planning Department. (Department of Planning Services)
9) The temporary mobile office shall be delineated in an area that is screened
from public rights-of-way and adjacent properties. (Department of Planning
Services)
10) Remove the 3,000 square foot shed. (Department of Planning Services)
B. The applicant shall submit an approved landscape, screening, and lighting plan.
The plan may be indicated on the Use by Special Review plat. (Department of
Planning Services)
C. A Zoning Mobile Home Permit (ZPMH) application shall be submitted for the
temporary office trailer. A submittal fee and surrounding property owner signatures
will not be required for the ZPMH permit. (Department of Planning Services)
D. The applicant shall provide written documentation indicating which water source will
be utilized for the business. Provide written documentation from North Weld County
Water District indicating a commercial business is authorized to use the existing
water tap and/or provide written evidence from the Colorado Division of Water
Resources, demonstrating that the well is appropriately permitted for the
commercial use. (Department of Planning Services, Department of Public Health
and Environment)
E. The applicant shall submit two (2) paper copies of the Use by Special Review plat
for review and approval. (Department of Planning Services)
F. The Environmental Health Services Division was unable to locate a septic permit
for the septic system serving the existing residence. The septic system shall be
reviewed by a Colorado Registered Professional Engineer. The review shall consist
of observation of the system and a technical review describing the systems ability
to handle the proposed hydraulic load. The review shall be submitted to the
Environmental Health Services Division of the Weld County Department of Public
Health and Environment. In the event the system is found to be inadequately sized
or constructed the system shall be brought into compliance with current
Regulations. Written evidence of such shall be submitted to the Department of
Planning Services. (Department of Public Health and Environment)
r
USR-1401, Lohr 6
G. The applicant shall provide evidence that any vehicle or equipment washing area
will be designed and constructed to capture all effluent and prevent any discharges
from the washing of portable toilets and vehicles. Written evidence of such shall be
submitted to the Departments of Planning Services and Public Health and
Environment. (Department of Public Health and Environment)
H. In accordance with the Above Ground Storage Tank Regulations (7 CCR 1101-14)
a spillage retention berm shall be constructed around the tank battery. The volume
retained by the spillage berm should be greater than the volume of the largest tank
inside the berm. Alternative protective measures may be allowed provided they
comply with the Above Ground Storage Tank Regulations. (Department of Public
Health and Environment)
The applicant shall submit a waste handling plan,for approval,to the Environmental
Health Services Division of the Weld County Department of Public Health &
Environment. Written evidence of approval of the plan shall be submitted to the
Department of Planning Services. The plan shall include at a minimum, the
following: (Department of Public Health and Environment)
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).
2. Upon completion of 1 above the application 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 thirty(30)days from the date of the Board of County Commissioners resolution. The
applicant shall be responsible for paying the recording fee.
3. The Department of Planning Services respectively requests the surveyor provide a digital
copy of this Use by Special Review. Acceptable CAD formats are .dwg, .dxf, and .dgn
(Microstation); acceptable GIS formats are ArcView shapefiles, Arclnfo Coverages and
Arclnfo Export files format type is .e00. The preferred format for Images is .tif(Group 4).
(Group 6 is not acceptable). This digital file may be sent to maps(cilco.weld.co.us.
(Department of Planning Services)
4. 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-1401,Lohr 7
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Raymond and Dorthula Lohr
USR- 1401
1. The Site Specific Development Plan and Special Use Permit is for a use by right, an
accessory use, or a Use by Special Review in the Commercial or Industrial Zone Districts
(Portable Restroom Business) in the A (Agricultural) Zone District, as indicated in the
application materials on file 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. 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)
4. 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)
5. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive
dust, blowing debris,and other potential nuisance conditions. (Department of Public Health
and Environment)
6. Fugitive dust shall be controlled on this site. (Department of Public Health and
Environment)
7. This facility shall adhere to the maximum permissible noise levels allowed in the Residential
Zone as delineated in 25-12-103 C.R.S., as amended. (Department of Public Health and
Environment)
8. All potentially hazardous chemicals must be stored and handled in a safe manner in
accordance with product labeling. (Department of Public Health and Environment)
9. The applicant shall operate in accordance with the approved "Waste Handling Plan."
(Department of Public Health and Environment)
10. The applicant shall comply with any pretreatment or hauled wastewater permit.
(Department of Public Health and Environment)
11. Adequate toilet and handwashing facilities shall be provided for employees. The
employees shall be allowed to use the handwashing and toilet facilities located at the
applicants' residence. (Department of Public Health and Environment)
USR-1401,Lohr 8
12. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
(Department of Public Health and Environment)
13. 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)
14. If applicable, the applicant shall obtain a stormwater discharge permit from the Colorado
Department of Public Health & Environment, Water Quality Control Division. (Department
of Public Health and Environment)
15. Any vehicle or equipment washing area(s)shall capture all effluent and prevent discharges
from the washing of portable toilets and vehicles. (Department of Public Health and
Environment)
16. Off-street parking spaces,including the access drive,shall be surfaced with gravel,asphalt,
concrete,or the equivalent and shall be graded to prevent drainage problems. (Department
of Public Works)
17. No parking or staging of trucks shall be allowed on Weld County Road 51. Utilize on-site
parking areas. (Department of Planning Services)
18. All maintenance of company vehicles shall be performed within a structure or in an area
that is screened from adjacent properties. (Department of Planning Services)
19. The number of company vehicles associated with the business shall not exceed four (4).
(Department of Planning Services)
20. The maximum number of employees shall be four (4). This does not include the owners
of the property. (Department of Planning Services)
21. The hours of operation shall be 5:00 am to 7:00 pm, Monday through Saturday. Sunday
hours shall be limited to May through November from 7:00 am to 7:00 pm. Hours of
operation may be extended with specific permission from the Weld County Board of County
Commissioners. (Department of Planning Services)
22. Storage and parking of company vehicles on the parcel shall be limited to those operated
or owned by the Lohrs conducting business as "Country Johns". (Department of Planning
Services)
23. No on-site storage of human waste shall be allowed. (Department of Planning Services,
Department of Public Health and Environment)
24. All on-site storage of company vehicles and portable restrooms shall be enclosed in a
screened area and shall not be visible from public rights-of-way or adjacent properties.
(Department of Planning Services)
25. The Special Use Permit shall not be transferable to any successors in interest to the
prescribed property and shall terminate automatically upon conveyance or lease of the
USR-1401,Lohr 9
property to others for operation of the facility. (Department of Planning Services)
26. The landscaping on site shall be maintained in accordance with the approved Landscape
Plan. (Department of Planning Services)
27. At such time the operation should cease, the temporary mobile home office must be
removed from the property or the appropriate zoning and building permits shall be applied
for and approved for an acceptable use within 30 days. (Department of Planning Services)
28. A building permit shall be obtained prior to the construction of any building. Permits are
required for the existing shed to be used for vehicle storage (garage) and the temporary
office structure. (Department of Building Inspection)
29. A plan review is required for each building for which a building permit is required. Except
for simple pole type structures, plans shall bear the wet stamp of a Colorado registered
architect or engineer. Two complete sets of plans are required when applying for each
permit. (Department of Building Inspection)
30. Buildings shall conform to the requirements of the various codes adopted at the time of
permit application. Currently the following has been adopted by Weld County: 1997
Uniform Building Code; 1998 International Mechanical Code; 1997 International Plumbing
Code; 1999 National Electrical Code and Chapter 29 of the Weld County Code(Department
of Building Inspection)
31. Except for pole type structures, each building will require an engineered foundation based
on a site-specific geotechnical report or an open hole inspection performed by a Colorado
registered engineer. Engineered foundations shall be designed by a Colorado registered
engineer. Manufactured structures shall be installed in accordance with the manufactures
installation instructions. (Department of Building Inspection)
32. The existing shed building will probably be classified as type S-1 storage building. The
office will be classified as a type B office. The storage building and the office structure
must be separated from any residential buildings by a minimum of 20 feet or must have
walls constructed with one-hour fire resistive construction. Setback and offset distances
shall be determined by the Zoning Ordinance. (Department of Building Inspection)
33. The existing north access shall be utilized for the residence and the business. (Department
of Public Works)
34. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240, Weld County Code.
35. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250, Weld County Code.
36. Personnel from the Weld County Departments of Public Health and Environment, Planning
Services and Public Works 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.
USR-1401,Lohr 10
37. 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.
38. The property owner or operator shall be responsible for complying with all of the foregoing
Development Standards. Noncompliance with any of the foregoing Development
Standards may be reason for revocation of the Permit by the Board of County
Commissioners.
USR-1401, Lohr 11
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' DEPARTMENT OF PLANNING SERVICES
C PHONE (970) 353-6100, E6498
FAX (97(970)304-04-6498
1555 N. 17TH AVENUE
COLORADO GREELEY, COLORADO 80631
August 13, 2002
Raymond & Dorthula Lohr
32549 WCR 51
Greeley, CO 80631
Subject: USR-1401- Request for a Site Specific Development Plan and Special Review Permit for a use
permitted as a Use-By-Right in the Industrial Zone District(Portable Restroom Business)in the
A(Agricultural)Zone District on a parcel of land described as S2 NE4 of Section 19,T6N,T64W
of the 6th P.M., Weld County, Colorado.
Dear Applicants:
Your application and related materials for the request described above are being processed. I have scheduled
a meeting with the Weld County Planning Commission for October 15, 2002, at 1:30 p.m. This meeting will
take place in Room 210, Weld County Planning Department, 1555 N. 17th Avenue, Greeley, Colorado. It is
recommended that you and/or a representative be in attendance to answer any questions the Planning
Commission members may have.
It is the applicant's responsibility to comply with state statutes regarding notice to mineral estate owners.
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 shall provide the Weld County
Planning Department with written certification indicating the above requirements have 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. This recommendation will be available twenty-four(24)hours before the
scheduled hearing. It is the responsibility of the applicant to call the Department of Planning Services'office
before the Planning Commission hearing to make arrangements to obtain the recommendation.
If you have any questions concerning this matter, please call.
Respectfully,
Lauren Light
Planner
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POSTED 10/04/02
FIELD CHECK inspection date: September 11,2002
CASE NUMBER: USR-1401
APPLICANT: Raymond and Dorthula Lohr
LEGAL DESCRIPTION: S2NE4 of Section 19, Township 6 North, Range 64 West of the
6th P.M., Weld County, Colorado
LOCATION: West of and adjacent to Weld County Road 51; approximately 1/2
mile south of State Highway 392
Zoning Land Use
N A (Agricultural) N Crop
E PUD (Planned Unit E Rural Residences/Lindies Lake Subdivision
Development with
Estate uses)
S A (Agricultural) S Crop
W A (Agricultural) W Crop
COMMENTS: Appears to be a clean site as observed from WCR 51. The porta-potties
can be seen from road right-of-way and from the residences located east of WCR 51.
Hello