HomeMy WebLinkAbout992200.tiff INVENTORY OF ITEMS FOR CONSIDERATION
Applicant T. Kevin Macurdy Case Number USR-1239
Submitted or Prepared
Prior to At Hearing
Hearing
1 Staff Comments (7 pages) X X
2 Field Check Form (2 pages) X
3 Property Research (8 pages) X
4 Notice of Public Hearing X
5 Letter to the Applicant X
6 Application (10 pages) X
7 Surrounding Property Owners and/or Subsurface Estate/Interest X
Owners (Part of Application)
8 Surrounding Property/Mineral Owner Notification X
9 Referral Letter and Listing (2 pages) X
10 Union Pacific Land Resources Copr, referral returned 7/6/99 (2 X
pages)
11 Boulder County Soil Conservation District, referral received X
7/20/99
12 Department of Planning Services,Zoning Compliance Officer, X
referral received 7/1/99
13 Department of Public Works, referral received 7123/99 (4 pages) X
14 Department of Public Health and Environment, referral received X
7/15/99 (3 pages)
15 State Department of Natural Resources, referral received 7/22/99 X
16 Town of Erie, referral received 7/13/99 X
17 St. Vrain Valley School District, referral received 7/16/99 X
18 Frederick Area Fire District, referral received 7/6/99 X
19 Weld County Road Access Information Sheet, prepared by X
applicant
20 Site Map, prepared by applicant, reduced by Department of X
Planning Staff(2 pages)
21 Deed (6 pages) X
22 Letter from Jim Cook, DVM, received 7/7/99 X
23 Left Hand Water service letter, dated 5/21/99 X
12. EXHIBIT
992200
use -tia39
24 Weld County Department of Public Health and Environment X
Septic Permit
25 Soil Survey (7 pages) X
26 Affidavit of Publication, Ft. Lupton Press X
27 Letter from Chuck Grosso, received 8/3/99 X
28 Mt.View Fire Protection District, referral received 8/16/99 X
29 Weld County Department of Building Inspection, referral X
received 8/17/99
30
31
Item submitted at planning commission
I hereby certify that the 29 items identified herein were submitted to the Department of Planning Services at
or prior to the scheduled Planning Commission hearing. I further certify that these items were forwarded to
the Clerk to the Board's office.
Anne Best Johnson
Long Range Planner
STATE OF COLORADO )
COUNTY OF WELD )
SUBSCRIBED and SWORN TO BEFORE ME THIS 1 7 _day of (.,Lt ,LU1.1 19 97
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azu
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COLORADO
Case Number. USR-1239 Hearing Date:August 17, 1999
Applicant: T. Kevin Macurdy
Address: 2091 Weld County Road 10
Erie Colorado 80516
Request: A Site Specific Development Plan and a Special Review Permit for a
Home Business, specifically, a Masonry Construction Company in the
Agricultural (A) Zone District.
Legal Description: Lot A of RE 1851, Pt. SW4 Section 9, Ti N, R68W, of the 6th P.M., Weld
County, Colorado
Location: North of and adjacent to WCR 10, approximately 1/4 mile east of WCR 5.
Size of Parcel: 2.97 acres
POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS
The criteria for review of this Special Review Permit is listed in Section 24.3 of the Weld County
Zoning Ordinance.
The Department of Planning Services' staff has received responses from the following agencies:
Weld County Department of Public Works, referral received 7/21/99
Weld County Department of Health, referral received 7/15/99
State of Colorado Geology Survey, referral received 7/22/99
Town of Erie, referral received 7/13/99
St. Vrain Valley School District RE-1J, referral received 7/16/99
Frederick Area Fire District, referral received 7/6/99
Weld County Zoning Compliance Officer, referral received 7/1/99
Boulder County Soil Conservation District, referral received 7/12/99
Mountain View Fire Protection District, referral received 8/16/99
Building Inspection, Weld County, referral received 8/17/99
• •XMISIt
4 't SPECIAL REVIEW PERMIT
inkADMINISTRATIVE REVIEW
COLORADO
PLANNER: Anne Best Johnson, Long-Range Planner
CASE NUMBER: USR-1239 HEARING DATE: August 17, 1999
APPLICANT: T. Kevin Macurdy
ADDRESS: 2091 Weld County Road 10
Erie Colorado 80516
REQUEST: A Site Specific Development Plan and a Special Review Permit for a Home
Business, specifically a Masonry Construction Company in the Agricultural
(A) Zone District.
LEGAL DESCRIPTION: Lot A of RE 1851, Pt. SW4 Section 9, Ti N, R68W, of the 6th P.M.,
Weld County, Colorado
LOCATION: North of and adjacent to WCR 10, approximately 1/4 mile east of WCR 5.
SIZE OF PARCEL: 2.97 acres
PARCEL NUMBER: 1467 09 000033
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 24.7
of the Weld County Zoning Ordinance, as amended.
2. It is the opinion of the Department of Planning Services's staff that the applicant has shown
compliance with Section 24.3 of the Weld County Zoning Ordinance, as amended, as
follows:
a. Section 24.3.1.1 --This proposal is consistent with the Weld County Comprehensive
Plan, as amended. A.Goal 1 states, "preserve prime farmland for agricultural
purposes which foster the economic health and continuance of agriculture." This
parcel is designated prime farm ground on the USDA Soils map, however,this parcel
was created through a Recorded Exemption #1851 on November 18, 1996. The
size of the parcel is not farmable, therefore, no prime farmgound is being taken out
of production.
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b. Section 24.3.1.2-- This proposal is consistent with the intent of the A (Agricultural)
zone district. According to Section 31.1 of the Weld County Zoning Ordinance, as
amended, "The A District is also intended to provide areas for the conduct of Uses
by Special Review which have been determined to be more intense or to have a
potentially greater impact than Uses Allowed by Right." Section 31.3.18 of the Weld
County Zoning Ordinance, as amended, further states that "Any use permitted as a
use by right, an accessory use, or a use by special review in the Commercial or
Industrial zone districts provided the property is not a LOT in an approved or
recorded subdivision plat or LOTS part of a map or plan filed prior to adoption of any
regulations controlling subdivisions." This application is for a Masonry Construction
business to be located in the Agricultural Zone District. The nature of the business
is to store equipment and vehicles for off-site work.
c. Section 24.3.1.3 -- The proposal is consistent with Section 24.3.1.3 of the Weld
County Zoning Ordinance, as amended and will be compatible with future
development of the surrounding area. The surrounding uses include several
acreage residential developments, an airport residential development and crop
production. The Conditions of Approval and Development Standards ensure that the
proposed use will remain compatible with surrounding land uses.
Ina letter dated November 27, 1996, Department of Planning Services staff indicated
to Mr. Macurdy that this business requires the approval of a Special Review permit
by the County. It is further stated that the use is considered a "Home Business"
which is defined as "an incidental use to the principal use for gainful employment of
the family residing on the property, where such use is conducted primarily within a
dwelling unit or accessory structure and principally carried on by the family resident
therein..." The site is in the Agricultural Zone and is eligible for a Use by Special
Review for a Home Business.
d. Section 24.3.1.4--The proposed uses will be compatible with future development
of the surrounding area as permitted by the A (Agricultural) zone districts and with
the future development as projected by the Comprehensive Plan or Master Plan of
affected municipalities. The Town of Erie did respond that the proposed
development is not consistent with the town's long range plans. The Conditions of
Approval and Development Standards ensure that the proposed use will remain
compatible with surrounding land uses. It is designated as Agricultural land by Weld
County and is used as rural residential with a Home Business.
e. Section 24.3.1.5 -- The proposal is located within the Geological Hazard Overlay
District Areas identified by maps officially adopted by Weld County. All future
construction occurring on this property shall comply with requirements as established
with the Geologic Overlay District section of the Weld County Zoning Ordinance, as
amended and with Mr. Macurdy's Geologic Hazard Development Permit, GHDP-14.
f. Sec1on 24.3.1.6 -- The applicant has demonstrated a diligent effort to conserve
productive agricultural land. The Macurdy property is recognized on USDA maps as
"Prime Farmland." Although this designation has been made, the parcel size of 2.97
acres and subdivision of land into 38 parcels within the western half of this section
do not provide for efficient agricultural practice.
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g. Section 24.3.1.7--The Design Standards (Section 24.5 of the Weld County Zoning
Ordinance, as amended), Operation Standards (Section 24.6 of the Weld County
Zoning Ordinance, as amended), 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. The attached Development Standards for the Special Review Permit shall be adopted and
placed on the Special Review Plat prior to recording the plat. The completed plat shall be
delivered to the Department of Planning Services and be ready for recording in the Weld
County Clerk and Recorder's Office within 30 days of approval by the Board of County
Commissioners.
2. Prior to recording the plat:
A. 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. Mr. Macurdy
is operating on site and a Violation has been established, VI #9700174. It
is through this application process that Mr. Macurdy will come into
compliance with Weld County Zoning regulations. The violation will be
closed only after Mr. Macurdy has met all Development Standards,
Conditions of Approval, and the plat has been recorded in the office of the
Weld County Clerk and Recorder.
B. The applicant shall submit a landscaping and screening plan to the
Department of Planning Services for review and approval. The landscaping
plan shall indicate location, sizes and species of all plant materials, planting
implementation schedule and landscape maintenance plan in accordance
with Section 24.5.1.10 of the Weld County Zoning Ordinance. All operations
and storage shall be screened from public view. (Dept of Planning Services).
C. 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
the Environment. In the event the system is found to be inadequately sized
or constructed, the system shall be brought into compliance with current
regulations. (Public Health). The applicant shall submit evidence to the
Department of Planning Services that this condition has been met. (Dept of
Planning Services).
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D. The plat shall be amended to include the following:
1. The approved drainage and retention area (Public Works).
2. The approved landscaping, screening and maintenance plan. (Dept
of Planning Services).
3. All accesses shall be delineated on the plat. (Public Works).
E. The applicant shall submit a waste handling plan to the Environmental Health
Services Division of the Weld County Department of Public Health and the
Environment. The applicant shall submit evidence to the Department of
Planning Services that this condition has been met. (Dept of Planning
Services). The plan shall include at a minimum, the following information:
(Public Health).
1. A list of wastes which are expected to be generated on site. This
should include expected volumes and types of wastes 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.
F. The applicant shall submit evidence in writing to the Department of Planning
Services that all conditions of Violation -VI 9700174 have been met and the
case is ready to be closed. The Violation will be closed when the USR plat
has been recorded. (Department of Planning Services, Zoning
Compliance).
G. The applicant shall submit evidence in writing to the Department of Planning
Services that items located around the two accessory structures have been
relocated to the interior of an accessory structure. Items stockpiled behind
the accessory structures shall be adequately screened from public view or
be disposed of. (Department of Planning Services).
H. The applicant shall submit evidence in writing to the Department of Planning
Services that the two small above ground storage tanks were properly
disposed of. (Colorado Department of Natural Resources, Division of
Minerals and Geology).
The applicant shall attempt to address the concems of the Mountain View Fire
Protection District. (Department of Planning Services).
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SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
USR-1239: T. Kevin Macurdy
1. The Site Specific Development Plan and Special Use Permit for a Home Business,
specifically a Masonry Construction Business in the A (Agricultural) zone district, as
indicated in the application materials on file in the Department of Planning Services and
subject to the Development Standards stated hereon. (Planning).
2. Approval of this plan may create a vested property right pursuant to Section 90 of the Weld
County Zoning Ordinance, as amended. (Planning).
3. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act,
30-20-101, C.R.S., as amended) shall be stored and removed for final disposal in a manner
that protects against surface and groundwater contamination. (Public Health).
4. If applicable, an Air Pollution Emission Notice (A.P.E.N.) and Emissions Permit application
must be submitted to the Air Pollution Control Division of the Colorado Department of Health
and Environment for emissions of criteria, hazardous or odorous air pollutants. Sources of
such emissions include, but are not limited to the following: sandblasting operations, mining,
spray paint booths, dry cleaners, haul road traffic, composting, boilers and incinerators.
(Public Health).
5. No permanent disposal of wastes shall be permitted at this site. (Public Health).
6. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive
dust, blowing debris, and other potential nuisance conditions. (Public Health).
7. Fugitive dust shall be controlled on this site. (Public Health).
8. The maximum permissible noise level shall not exceed the commercial limit of 60 db(A), as
measured according to 25-12-102, Colorado Revised Statutes. (Public Health).
9. Adequate toilet facilities shall be provided for the employees. (Public Health).
10. The facility shall be served by the existing septic system (permit no. G19700467). (Public
Health).
11. The facility shall utilize the existing the public water supply. (Left Hand Water).
12. The applicant shall adhere to all sign standards as outlined in Section 42 of the Weld County
Zoning Ordinance, as amended. (Planning Services).
13. All future construction occurring on this property shall comply with requirements as
established with the Geologic Overlay District section of the Weld County Zoning Ordinance,
as amended. An existing Geologic Hazard Development Permit for this property, GDHP 14
is in existence with the Weld County Planning Department. (Planning Services).
6
14. Any buildings to be constructed or have the use changed will require building permits and
have the plans reviewed prior construction commences. (Building Inspection).
15. The property owner or operator shall be responsible for complying with the Design
Standards of Section 24.5 of the Weld County Zoning Ordinance, as amended. (Planning
Services).
16. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 24.6 of the Weld County Zoning Ordinance, as amended. (Planning).
17. Personnel from the Weld County Health Department and Weld County Department of
Planning Services 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 hereon and all applicable Weld County regulations. (Planning).
18. The Specia 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 Planning Commission 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. (Planning).
19. 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.
(Planning).
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DEPARTMENT OF PLANNING SERVICES
PHONE (970) 353-6100, EXT.3540
FAX (970) 304-6498
17TH AVENU
E
N. AVENUE
GREELEY, COLORADO 80631
COLORADO
June 28, 1999
T.E. Macurdy
703 Oriole Dr.
Lafayette, CO 80026
Subject: USR-1239 Request for a A Site Specific Development Plan and a Use by Special Review Permit
for a Masonry Construction Company in the Agricultural Zone District on a parcel of land described
as Lot A of RE-1851; Part of the SW4 of Section 9, Ti N, R68W of the 6th P.M., Weld County,
Colorado.
Dear Mr. Macurdy:
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 August 17, 1999, 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 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 The Town of Dacono, the Town
of Erie, and the Town cf Frederick Planning Commission for their review and comments. Please call the Town
of Dacono at(303)833.2317, the Town of Erie at(303)665-3555, and the Town of Frederick at(303)833-2388
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 The Town of Dacono, the Town of Erie, and the Town of Frederick
Planning Commission meeting to answer any questions the Commission members may have with respect to
your application.
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.
R pectfully, � y
L'Vl� JO�� • IXNI1IT
Anne Best Johnso l-,�
Long Range Plann
DEPARTMENT OF PLANNING sERVICEs
(f Weld County Administrative Offices
' 1400 N. 17th Avenue, Greeley, CO 80631
Phone: (970) 353-6100, Ext. 3540
C. 'Pax: (970) 352-6312
IllCOLORADO
October 22, 1998
Kevin Macurdy
2091 Weld County Road 10
Erie, CO 80516
Subject: VI-9700174, The 52 SW4 of Section 9, Ti N, R68W of the 6th P.M., Weld County, Colorado.
Dear Mr. Macurdy:
The Geologic Hazard Development Permit(GHDP-14) was approved by the Departmen of Planning Services on
August 10, 1998. However, a Use by Special Review Permit will still need to be submitted and approved for the commercial masonry and chimney shop operation.
in my letter dated July 20, 1998, you were asked to follow through with the USR application materials. It is the
intention of this office to assist and cooperate with you without imposing undue hardship; however we have no
discretion in this matter if you fail to submit the application materials.
I will schedule a meeting with the Board of County Commissioners on December 8, 1998, at 10:00 a.m. to
consider the violation occurring on the property. This meeting will take place in the County Commissioners'
Hexing Room, first foor, Weld County Centennial Center, 915 Teoth Street, Greeley, Colorado. It is
recommended that you or a representative be in attendance to answer any questions the Board of County
Commissioners might have about the violation.
If you should have any questions, please contact me at the above address and phone number.
Sincerely,
'Sharyn F zer, ACED -T
Code Compliance Officer
pc: VI-970017'1
SERVICE,TEAMWORK,INTEGRITY,QUALITY
DEPARTMENT OF PLANNING SERVICES
PHONE (303)353-6100, EXT.3540
FAX (303)352-6312
O WELD COUNTY ADMINISTRATIVE OFFICES
• 1400 N. 17TH AVENUE
COLORADO GREELEY, COLORADO 80631
November 27, 1996
Mr. T. Kevin Macurcty
Bighorn Masonry & Chimney, Corp.
1750 30th Street, #606
Boulder, CO, 80301
Subject: Special Review permit for masonry construction business
Dear Mr. Macurdy:
Thank you for your letter dated November 12, 1996, in which you described uses occurring on
your property located in part of the S2S W4 of Section 9, TIN, R68W, in Weld County.
The Department of Planning Services' staff reviewed the information presented regarding the
parking of two dump trucks, a pick up truck and a Bobcat on this three acre site where your
residence and a large garage shed are also situated. You stated in your letter that your office for
this business is located in Boulder and that your employees do not work on the property in
question nor do most of them ever visit this site. You did indicate it is necessary for one of your
employees to come to your home, pick up a vehicle used in your business, drive it to the job site
and then bring it back at the end of the day.
In keeping with consistent interpretation of Section 31 of the Weld County Zoning Ordinance, it
is the Department of Planning Services' opinion that the parking of your business vehicles on
this property does require the approval of a Special Review permit by the County. The use is
considered a"Home Business", which is defined as "an incidental use to the principal use for
gainful employment of the family residing on the property, where such use is conducted
primarily within a dwelling unit or accessory structure and principally carried on by the family
resident therein..." It is understood that you are not conducting a business out of your home but
that you do keep business vehicles on the property and have one employee who comes on site,
leaving his personal vehicle in order to drive a business vehicle to and from the workplace.
The Special Review permit questionaire is a generic form which applies to many types of uses
which are proposed to be more intensive than what would be allowed as a Use by Right under
County zoning regulations. If you choose to proceed with a Special Review permit application, I
would suggest that you answer each question; if you find that some questions do not pertain to
Mr. T. Kevin Macurdy
page two
your use, please so state and give a reason why.
If you have questions of desire additional information regarding the Special Review permit
application or process, please feel free to contact me in my office between the hours of 7:30 a.m.
and 12 noon on weekdays.
Sincerely,
GkDunn
Current Planner
SERVICE,TEAMWORK,INTEGRITY-,QUALITY
DEPARTMENT OF PLANNING SERVICES RECORDED EXEMPTION
ADMINISTRATIVE REVIEW
Applicant: T. Kevin Macurdy and Tom & Shirley Macurdy Case No: RE-1851
Legal Description: Part of the S2 SW4 of Section 9, Ti N, R68W of the 6th P.M., Weld County,
Colorado
Parcel Identification NLmber: 146709000033 r'a ozal f S ��f 1 R
Larger Lot Size: 3 acres Smaller Lot Size: 3 acres
Criteria Check List
Meets Criteria
Yes No
X 1. Conformance with the Weld County Comprehensive Plan and any
adopted municipal plan.
X 2. Compatible with the existing surrounding land uses.
X 3. Consistent with the intent of the zone district.
X 4. Consistent with efficient and orderly development.
X 5. Complies with Recorded Exemption standards in Section 11.8 of the
Weld County Subdivision Ordinance.
X 6. Provides for adequate protection of the health, safety, and welfare of the
inhabitants of the neighborhood and the County.
APPROVED WITH CONDITIONS
1. The Department of Planning Services has determined through the review that the standards of
Section 11.4 of the Weld County Subdivision Ordinance have been met. This Recorded
Exemption is approved with the following conditions in accordance with information submitted
in the application and the policies of the County.
2. A Weld County septic permit is required for any proposed home. The septic system shall be
installed according to the Weld County Individual Sewage Disposal System (ISDS) regulations.
3. Prior to recording the plat:
a. The following notes shall be placed on the plat:
1) All proposed or existing structures will or do meet the minimum setback and offset
requirements for the zone district in which the property is located.
2) All future construction occurring on Lot A or Lot B shall comply with Geologic Hazard
Overlay District requirements.
b. The applicants shall submit to and have approved by the Department of Planning Services
a Geologic. Hazard Development permit.
c. Any existing septic system which is not currently permitted through the Weld County
Health Department will require an I.S.D.S. evaluation prior to the issuance of the required
septic permit. In the event the system is found to be inadequate, the system must be
brought into compliance with current I.S.D.S. regulations.
d. Both accesses as identified in the recorded exemption application shall be clearly
delineated on the plat.
4. Access to Lot B shall be by way of a nonexclusive easement located on Lot A which extends
fifteen (15) feet east from the North-South centerline of the southwest quarter (SW4) of the
southwest quarter (SW4), Section 9, Township 1 North, Range 68 West of the 6th P.M., and
running from the south section line northward to a 4 acre parcel, which parcel is also accessed
by way of said easement and is described as the north 4 acres of the east one-half(E1/2) of the
west one-half(W1/2) of said Southwest Quarter(SW4) of the Southwest Quarter (SW4) of said
Section 9. Said nonexclusive easement shall be shown on the plat and shall be dedicated for
the use as shown using the language set forth in Section 11.7.12.5 of the Weld County
Subdivision Ordinance, as amended.
5. The applicant shall submit a mylar plat to the Department of Planning Services to be recorded
in the office of the Weld County Clerk and Recorder. The plat shall be prepared in accordance
with the requirements of Section 11.7 of the Weld County Subdivision Ordinance. The plat shall
be submitted wi':hin sixty (60) days from the date of approval by the Department of Planning
Services. The applicant shall be responsible for paying the h recording fees.
B Y ` Date — ACV 7i Iq "/6
Glop D n, Current Planner
h;6:u // 1
OFFICE OF COUNTY ATTORNEY
PHONE (303) 356-4000 EXT. 439
P.O. BOX 1948
GREELEY, COLORADO 80632
C..
COLORADO
May 1 , 1984
Peggy Hicks
McGee's Pump Service
2091 Weld County Road 10
Erie, CO 80516
Dear Ms. Hicks:
Your inquiry to Mr. Norm Carlson dated April 13, 1984, regarding property
known as 2091 Weld County Road 10 has been referred to this office for a
review of this matter. It is my understanding that you are inquiring whether
any type of commercial business may continue at the location of McGee's Pump
Service.
It is my understanding that the property in question is not currently in a
commercial zone but is in an A-Agricultural Zone. The use that is currently
being carried out on the property, a pump service, would be allowed to con-
tinue at the same intensity of use without requiring any rezoning or use by
special review permit from Weld County. Fowever, no other use that is not
allowed by right in the agricultural zone could be carried on on this property
without, at minimum, a Use by Special Review. - A use similar to the current
use could be allowed if a Use by Special Review is obtained pursuant to
Section 73.2. 1 of the Weld County Zoning Ordinance which allows a substituted
use which has no more impact on the neighborhood than the existing use. A use
which is a bus: ness serving either agriculture or the oil and gas industry
might also be allowed with a Use by Special Review in the A-Zone. Other
commercial uses would require a rezoning.
In summary, a purchaser of the property who uses it for the same uses at the
same level of intensity of use and without expanding the structures could
continue without any zoning permits from Weld County. A use which has no more
impact than the current use in the surrounding area could be allowed under a
Use by Special Review as could certain other agri-businesses or oil field
service businesses in the agricultural zone. Any commercial business which
does not fit the above categories could not be carried on without a rezoning.
Yours r ,
ee ) on
A_sistant County Attorney
LDM:ss
xc: Norman Carlson
.Chuck Cunliffe
NON-CONFORMING USE FACT SHEET
N. C.U. I 119:83:38
Name (Owner/Operator) : Hicks, Melvin II - 1/2 interest
Address: Hamilton, Stephen E. Jr. - 1/2 interest
2091 Weld County Road 10
Phone No. Erie, CO 80516
Name:
Address :
Phone No:
LEGAL DESCRIPTION: Part of the S2, SW4, 9-1-68
East 10 acres of W 20 acres except North 4 acres
Six acres, more or less
LOCATION:
2091 WCR 10, approximately 1-1/2 miles NE of Erie
USE OF PROPERTY: McGee Pump Service - established in early 1970's
Two stall garage and equipment and parts storage
APPROPRIATE DATE FOR. DETERMINATION OF NON-CONFORMING USE:
1-5-77
REASONS FOR DETERMINATION OF NON-CONFORMING USE:
Business established before legal zoning date of Agricultural Zone in this area.
FIELD CHECK inspection date: July 23, 1999 J 5 c1w
CASE NUMBER: USR-1239
APPLICANT: T. Kevin Macurdy
LEGAL DESCRIPTION:Lot A RE 1851, Pt. SW4 9-1-68 of the 6th PM.
LOCATION: North of and adjacent to Weld County Road 10; approximately 1/4
mile ease of Weld County Road 5.
Zoning Land Use
N A(Agricultural) NAaAVtitep 0-YisrG i tQ
E A (Agricultural) E 9 C 'Q€s &( f (/lz'Z,(
S A (Agricultural) S tA11 MUT ( �[i -, i
W A (Agricultural) W Wilts (/r tAtU I>11 .. th Cl-laWail/M (AINVAMVA R,1-04" 1/40e3
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reN) FIELD CHECK inspection date: July 23, 1999 745am
CASE NUMBER: USR-1239
APPLICANT: T. Kevin Macurdy
LEGAL DESCRIPTION: Lot A RE 1851, Pt. SW 9-1-68 of the 6th PM.
LOCATION: North of and adjacent to Weld County Road 10; approximately 1/4
mile east of Weld County Road 5.
Zoning Land Use
N A (Agricultural) N Small Acreage Residential Development
E A(Agricultural) E Small Acreage Residential Development
S A (Agricultural) S Ag, wheat, large utility structuresAines
W A (Agricultural) W Small Acreage Residential Development
COMMENTS:
Kevin is operating his business. At 745 am trucks were leaving. Pallets, rocks, and
other supply piles are approximately 153 feet north of residence. A small junk pile is
approximately 423 feet north of residence along west property line. Employee parking
in southwest corner of property. Miscellaneous supplies piled around two out-buildings.
Kevin said the site has been a business for quite some time. He could not substantiate
this with a date.
Recommend screen west of entrance to western property line and then North 450 feet
along western property line with evergreen trees, deciduous shrubs. Perhaps Kim Ogle
would help with screen plan. Driving south on WCR 5, Kevins stock piles are visible.
These need to be screened.
Kevin asked about signage.
Prairie A. Boed on the NE Corner of WCR 10 and 5?
1-0((16 —
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