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Home My WebLink About20201684.tiffLAND USE APPLICATION SUMMARY SHEET Planner: Kim Ogle Hearing Date: May 19, 2020 Case Number: USR20-0006 Applicant: Hector Faudoa, King Construction, 395 County Road 29, Brighton, CO 80603 Request: A Site Specific Development Plan and Use by Special Review for a Home Business (fabrication, cutting and storage of stone and granite for stone contractor) outside of subdivisions and historic townsites, in the A (Agricultural) Zone District Address: 395 County Road 29, Brighton, CO 80603 Legal Lot B Recorded Exemption RE -2797 being a part of the E2SE4 of Section 32, Description: Township 1 North, Range 66 West of the 6'h P.M., Weld County Colorado Location: West of and adjacent to County Road 29, approximately 335 -feet south of County Road 2.5 Size of Parcel: ± 7.78 acres Parcel No. 1471-32-4-00-054 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 referral responses with comments from the following agencies: V V V \;% Weld County Zoning Compliance, referral dated March 9, 2020 Adams County Planning, referral dated March 9, 2020 Brighton Fire Protection District, referral dated March 10, 2020 State of Colorado, Division of Water Resources, referral dated March 16, 2020 Weld County Department of Public Works, referral dated March 17, 2020 Weld County Department of Public Health and Environment, referral dated March 26, 2020 The Department of Planning Services' staff has not received responses from the following agencies: y City of Brighton y Town of Lochbuie y City of Fort Lupton y Weld County Sheriff's Office USR20-0006 — Faudoa Page 1 SPECIAL REVIEW PERMIT ADMINISTRATIVE REVIEW Planner: Kim Ogle Hearing Date: April 21, 2020 Case Number: USR20-0006 Applicant: Hector Faudoa, King Construction, 395 County Road 29, Brighton, CO 80603 Request: A Site Specific Development Plan and Use by Special Review for a Home Business (fabrication, cutting and storage of stone and granite for stone contractor) outside of subdivisions and historic townsites, in the A (Agricultural) Zone District Address: 395 County Road 29, Brighton, CO 80603 Legal Lot B Recorded Exemption RE -2797 being a part of the E2SE4 of Section 32, Description: Township 1 North, Range 66 West of the 6'h P.M., Weld County Colorado Location: West of and adjacent to County Road 29, approximately 335 -feet south of County Road 2.5 Size of Parcel: ± 7.78 acres Parcel No. 1471-32-4-00-054 Case Summary: The proposal seeks to permit a small stone cutting and fabrication business primarily working in granite with up to two (2) employees employed from 7:00 AM until 7:00 PM Monday through Friday. The property is also the applicant's residence and has existing improvements including the Granite Shop, personal garage and personal utility shed. Water for the residence is provided by a domestic well. Water associated with the business is bottled water for the employees and non -potable water is trucked to the site and placed in a water holding tank for use with stone cutting saw and internal recycling system. Water associated with the stone cutter flow to an internal floor drain, and a recycling pump returns the water to the water holding tank for re -use. Fines and grit generated from stone cutting will be contained in the water or vacuumed up and disposed of in the dumpster. A privacy screened port -a -let with a hand -washing component will be placed on site for employees. There are instances when a small propane powered compressor is utilized to polish the stone. Finished materials are stored inside the shop building with raw stone slabs stoned outside of the building. Access to the shop is via an internal all-weather road onto County Road 29, utilizing the same access point as the Faudoa residence. There is an active Zoning Violation (ZCV18-00159) initiated due to the operation of a stone cutting business without first completing the necessary Weld County Zoning Permits. This case has been forwarded to the County Attorney's Office as there to be multiple complainants. Approval of this application by the Board of County Commissioners would correct the violation; however, neither the violation case (ZCV18-00159), nor the associated court case (19-C-35615) can be dismissed until the Conditions of Approval have been completed and the County approved USR map has been recorded. USR20-0006 — Faudoa Page 2 If this application is denied, this case will continue through the Violation process in County Court, Division C (19-C-35615). The following conditions were called out on the court ordered Motion and Stipulated Agreement. "Defendant agrees to diligently purse the Use by Special Review (USR) application process through the Department of Planning Services and eventually the Board of County Commissioners. Defendant agrees to supply any missing or clarifying paperwork as requested and to attend scheduled hearings/meetings in order to process this USR application. If this USR application is approved an amended Stipulated Agreement (to allow time to complete all conditions of approval and record the final map) will be entered. If this USR application is denied, all commercial operations and associated storage shall be removed from the property on or before August 28, 2020." The next scheduled County Court hearing is September 21, 2020, Division C. DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS: 1. The submitted materials are in compliance with the application requirements of Section 23-2-260 of the Weld County Code. 2. It is the opinion of the Department of Planning Services' staff that the applicant has shown compliance with Section 23-2-220 of the Weld County Code as follows: A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other applicable code provisions or ordinance in effect. Section 22-2-20.G.3 - A.Policy 7.3. states, "Conversion of agricultural land to urban residential, commercial and industrial uses should be considered when the subject site is located inside an Intergovernmental Agreement area, Urban Growth Boundary area, Regional Urbanization Area or Urban Development Nodes, or where adequate services are currently available or reasonably obtainable. A municipality's adopted comprehensive plan should be considered but should not determine the appropriateness of such conversion." The property is within three miles of the City of Brighton, City of Fort Lupton, Town of Lochbuie and Adams County. The property is outside of the Urban Growth Boundary Area for the City of Brighton but is located within the Brighton 2040 Urban Service Area per the City of Brighton Future Land use Map adopted on March 22, 2016. The property has been designated as Employment — Industrial. The property is within the Intergovernmental Agreement Area for the City of Fort Lupton. The Future Land Use Map associated with the 2018 Fort Lupton Comprehensive Plan identifies this area as planned for Industrial uses. Section 22-2-20.H. - A. Goal 8. states, "Ensure that adequate services and facilities are currently available or reasonably obtainable to accommodate the requested new land use change for more intensive development." The applicant is proposing bottled water for employees and a port -a -let with integrated hand washing comment for sanitary needs, as typically employees are working on -site less that 2 -hours in the morning and 2 -hours in the late afternoon. The business hours are 7:00 am to 7 pm Monday through Friday only. The Faudoa family residence will utilize the existing well under the Division of Water Resources Permit No. 230142 restricted to ordinary household purposes inside (1) one single family dwelling, the watering of the user's own non-commercial domestic animals, and the irrigation of not more than 0.5 acres of home gardens and lawns. A septic system, permit number SP -0000675 is permitted for the home. The Conditions of Approval and Development Standards ensure that there are adequate services and facilities available. USR20-0006 — Faudoa Page 3 B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A (Agricultural) Zone District. Chapter 23, Article Ill, Division 1, Section 23-3-40.L allows for a Home Business in the A (Agricultural) Zone District. C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing surrounding land uses. The adjacent lands consist of pastures, crops, and rural residences. The closest residence is about forty (40) northeast of the north property line and approximately four hundred forty (440) feet from the Granite Shop. A second residence is approximately one hundred ten (110) feet southeast of the property line and approximately one hundred eighty (180) feet from the Granite Shop. There are two (2) USRs within one mile of the site. USR16-0027 for outdoor vehicle storage and USR-1658 for a construction company are located northwest of the site specifically south of County Road 4 (New Energy Drive) and east of and adjacent to the Union Pacific Railroad mainline track. The Weld County Department of Planning Services sent notice to twenty-two (22) Surrounding Property Owners. Planning staff received a telephone call from the adjacent property owner to the north requesting a privacy fence be erected on the property line between the two properties and indicated that he was willing to help with the materials and construction costs. Planning staff also received a letter with affiliated photographic image of the issues outlined in the correspondence with Planning. This surrounding property owner is in opposition to the operation of an industrial business in the Agricultural zone. " I have already endured countless months of un- approved commercial activity in this area. Numerous trucks — including semi trucks — enter and leave the subject property at various hours. Even without the planning service approval now sought, the noise has invaded my peace and quiet. Many of my neighbors and I moved from the city to the country to enjoy the peace and quiet that agricultural property offer. I witnessed and endured this business' activity for at least 2 years, innocently assuming they were operating in accordance with county laws and regulations. Instead of rewarding illegal commercial operations in an agriculturally -zoned area, Mr. Faudoa's misdeed should not be rewarded by now allowing him to change the zoning status of his property or otherwise exempting him from the rules that apply to me and my neighbors. The Planning Service and the Board of County Commissioners should, instead, require Mr. Faudoa to immediately cease and desist commercial operation in our agriculturally zoned area and pay whatever fines the Planning Service deems appropriate for his past violations. Having invested 11 years of my life living, working, and contributing to this community as a health- care worker, I vehemently oppose any change or exception its current status. The peace and quiet that I welcomed when I purchased my home is now threatened. My opposition is quite reasonable. The trucks, noise and, strangers that come and go at all hours is entirely incompatible with the agricultural zoning of the property. I hope this application is not approved. If, contrary to the wishes of adjacent property owner, you move forward with approval, I strongly encourage you to impose a number of mitigation measures, including but not limited to: limited hours of operation, limited number and size of vehicles accessing the property, noise -level restriction, and dust -level mitigation." The applicant has been in contact with the Surrounding Property Owners and has conducted a community meeting on June 25, 2019. The applicant submitted a copy of the sign in sheet identifying four property owners who attended the event, all in support for the proposed home business. The Conditions of Approval require that the applicant submit an Emergency Action and Safety Plan, and Screening Plan. The Development Standards and Conditions of Approval will assist in mitigating the impacts of the facility on the adjacent properties and ensure compatibility with surrounding land uses and the region. USR20-0006 — Faudoa Page 4 D. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with future development of the surrounding area as permitted by the existing zoning and with the future development as projected by Chapter 22 of the Weld County Code and any other applicable code provisions or ordinances in effect, or the adopted Master Plans of affected municipalities. The property is located within the Brighton 2040 Urban Service Area per the City of Brighton Future Land use Map adopted by the Brighton Planning Commission on March 22, 2016 and ratified by the City Council on April 5, 2016. The property has been designated as Employment — Industrial and have defined uses: "Regional, job -creating employment uses such as regional and corporate headquarters. Light industrial uses that create less noise, traffic smoke and/or odor than industrial uses yet should still be situated away from residential areas. Suitable along US 85. Transportation infrastructure should support heavy truck traffic." The property is also located within the 2018 Fort Lupton Comprehensive Plan's Future Land use map and is designated as Industrial. "These areas represent potential industrial growth that could support significant investment and job creation within Fort Lupton. Industrial Growth Areas should support both heavy and light industrial as well as office development, contributing to economic development. This designation is intended to provide an environment for light industrial and office uses that can act as a buffer between heavy industry and lower intensity residential and commercial uses. The property is located in the 3 -mile referral area for the City of Brighton, City of Fort Lupton and Adams County. The property is also within the Coordinated Planning Agreement Area with the City of Fort Lupton who returned the undated Notice of Inquiry Form stating" The property is south of our growth boundary per our IGA with Brighton. Fort Lupton will review the case through the referral process." Adams County Planning returned a referral dated March 9, 2020 and stated "Adams County and the City of Brighton project more dense urban residential development, per our long-range plans, due south of 168th (CR 2) in this area. Presently, most of our zoning is A-1 in this area and is more supportive of agricultural uses and single-family detached homes. The use itself does not appear to be compatible with residential but Adams County will certainly defer to Weld County's staff opinion on this matter. [Adams County Planning] also have concerns after reviewing the application about the active violation on the property and the owner's need to stop the use until they go before the USR public hearing(s)." The City of Brighton and the City of Fort Lupton did not return a formal referral response. E. Section 23-2-220.A.5 -- The application complies with Chapter 23, Articles V and XI, of the Weld County Code. The property is not within the Geologic Hazard Overlay District, a Special Flood Hazard Area or the Airport Overlay District or the MS4 area. Building Permits issued on the lot will be required to adhere to the fee structure of the County -Wide Road Impact Fee, County Facility Fee and Drainage Impact Fee Programs. F. Section 23-2-220.A.6 -- The applicant has demonstrated a diligent effort to conserve prime agricultural land in the locational decision for the proposed use. The proposed facility is located on approximately 5.3 acres Irrigated Land (Not Prime) with the remaining 2.5 acres listed as 'Other Lands" per the 1979 Soil Conservation Service Important Farmlands of Weld County Map. G. Section 23-2-220.A.7 — There is adequate provisions for the protection of the health, safety, and welfare of the inhabitants of the neighborhood and County. USR20-0006 — Faudoa Page 5 The Design Standards (Section 23-2-240, Weld County Code), Operation Standards (Section 23- 2-250, Weld County Code), Conditions of Approval and Development Standards can ensure that there are adequate provisions for the protection of health, safety, and welfare of the inhabitants of the neighborhood and County. This recommendation is based, in part, upon a review of the application materials submitted by the applicant, other relevant information regarding the request, and responses from referral entities. The Department of Planning Services' staff recommendation for approval is conditional upon the following: 1. Prior to recording the map: A. The applicant shall address the requirements of the Brighton Fire Rescue District, as stated in the referral response dated March 9, 2020, specific to the determination of building classification for the change of use as determined by the Weld County Building Department. Written evidence of such shall be submitted to the Weld County Department of Planning Services. (Department of Planning Services) B. The applicant shall address the requirements of the State of Colorado Division of Water Resources, as stated in the referral response dated March 16, 2020. Written evidence of such shall be submitted to the Weld County Department of Planning Services. (Department of Planning Services) C. A Screening Plan shall be submitted to and approved by the Department of Planning Services that screens the site from the Surrounding Property Owners and County road rights -of -way. (Department of Planning Services) D. If the existing on -site wastewater treatment system (OWTS) for the business (SP -1900203) will be used, the existing permit shall receive final approval in accordance with current OWTS regulations. In the event the OWTS will not be utilized the permit (SP -1900203) shall be negated. (Department of Public Health and Environment) E. The map shall be amended to delineate the following: 1. All sheets of the map shall be labeled USR20-0006 (Department of Planning Services) 2. The attached Development Standards. (Department of Planning Services) 3. The map shall be prepared in accordance with Section 23-2-260.D of the Weld County Code. (Department of Planning Services) 4. The applicant shall delineate on the map the trash collection areas. Section 23-2-240.A.13 of the Weld County Code addresses the issue of trash collection areas. (Department of Planning Services) 5. The map shall delineate the screening in accordance with the approved Screening Plan. (Department of Planning Services) 6. The map shall delineate the existing onsite lighting. (Department of Planning Services) 7. All signs shall be shown on the map and shall adhere to Chapter 23, Article IV, Division 2 and Appendices 23-C, 23-D and 23-E of the Weld County Code. (Department of Planning Services) 8. The map shall delineate the parking area for the employees and vendors. (Department of Planning Services) 9. County Road 29 is a gravel road and is designated on the Weld County Functional Classification Map as a local road which requires 60 feet of right-of-way at full buildout. The applicant shall delineate and label on the site map or plat the future and existing right-of-way USR20-0006 — Faudoa Page 6 (along with the documents creating the existing right-of-way) and the physical location of the road. All setbacks shall be measured from the edge of right-of-way. This road is maintained by Weld County. (Department of Public Works) 10. County Road 2 1/2 is a gravel road and is designated on the Weld County Functional Classification Map as a local road which requires 60 feet of right-of-way at full buildout. The applicant shall delineate and label on the site map or plat the future and existing right-of-way (along with the documents creating the existing right-of-way) and the physical location of the road. All setbacks shall be measured from the edge of right-of-way. This road is maintained by Weld County. (Department of Public Works) 11. Show and label the approved access locations, approved access width and the appropriate turning radii (60') on the site plan. The applicant must obtain an access permit in the approved location(s) prior to operation. (Department of Public Works) 12. Show and label a 30 -foot minimum access and utility easement to provide legal access to the Lot B on the site plan. (Department of Public Works) 13. Show and label the drainage flow arrows. (Department of Public Works) 14. Show and label the parking and traffic circulation flow arrows showing how the traffic moves around the property. (Department of Public Works) 2. Upon completion of Condition of Approval #1 above, the applicant shall submit one (1) electronic copy (.pdf) of the map for preliminary approval to the Weld County Department of Planning Services. Upon approval of the map the applicant shall submit a Mylar map along with all other documentation required as Conditions of Approval. The Mylar map shall be recorded in the office of the Weld County Clerk and Recorder by the Department of Planning Services. The map shall be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code. The Mylar map and additional requirements shall be submitted within one hundred twenty (120) 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) 3. In accordance with Weld County Code Ordinance #2012-3, approved April 30, 2012, should the map not be recorded within the required one hundred twenty (120) days from the date of the Board of County Commissioners Resolution, a $50.00 recording continuance charge shall be added for each additional three (3) month period. (Department of Planning Services) 4. Prior to Construction: A. The approved access shall be constructed prior to on -site construction. (Department of Public Works) B. If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required. (Department of Public Works) 5. The Use by Special Review is not perfected until the Conditions of Approval are completed and the map is recorded. Activity shall not occur, nor shall any building or electrical permits be issued on the property, until the Use by Special Review map is ready to be recorded in the office of the Weld County Clerk and Recorder or the applicant has been approved for an early release agreement. (Department of Planning Services) USR20-0006 — Faudoa Page 7 SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Hector Faudoa USR20-0006 1. A Site Specific Development Plan and Use by Special Review for a Home Business (fabrication, cutting and storage of stone and granite for stone contractor) outside of subdivisions and historic townsites, in the A (Agricultural) Zone District, USR20-0006, 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 7:00 a.m. - 7:00 p.m. Monday — Friday. (Department of Planning Services) 4. The number of on -site employees shall be up to two (2) as stated in the application materials. (Department of Planning Services) 5. The number of commercial vehicles shall be up to two (2), as stated in the application materials. (Department of Planning Services) 6. The parking area on the site shall be maintained. (Department of Planning Services) 7. All signs shall adhere to Chapter 23, Article IV, Division 2 and Appendices 23-C, 23-D and 23-E of the Weld County Code. (Department of Planning Services) 8. The existing landscaping and proposed screening on the site shall be maintained. (Department of Planning Services) 9. The property owner or operator shall be responsible for controlling noxious weeds on the site, pursuant to Chapter 15, Article I and II, of the Weld County Code. (Department of Public Works) 10. The access to the site shall be maintained to mitigate any impacts to the public road, including damages and/or off -site tracking. (Department of Public Works) 11. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized. (Department of Public Works) 12. Any work that may occupy and or encroach upon any County rights -of -way or easement shall acquire an approved Right -of -Way Use Permit prior to commencement. (Department of Public Works) 13. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Public Works) 14. Weld County is not responsible for the maintenance of onsite drainage related features. (Department of Public Works) 15. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20- 100.5, C.R.S.) shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. (Department of Public Health and Environment) 16. 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. (Department of Public Health and Environment) USR20-0006 — Faudoa Page 8 17. 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. The facility shall operate in accordance with Chapter 14, Article 1 of the Weld County Code. (Department of Public Health and Environment) 18. Fugitive dust should attempt to be confined on the property. Uses on the property should comply with the Colorado Air Quality Commission's air quality regulations. (Department of Public Health and Environment) 19. Any On -site Wastewater Treatment system located on the property must comply with all provisions of the Weld County Code, pertaining to Systems. (Department of Public Health and Environment) 20. Any additional hydraulic load to the existing septic system (SP -1900203) will require an Evaluation from a Colorado Registered Professional Engineer. The engineer's evaluation shall be submitted to the Weld County Environmental Health Department. In the event the system is found to be inadequate, the system must be brought into compliance with current Weld County On -site Wastewater Treatment System Regulations. (Department of Public Health and Environment) 21. A permanent, adequate water supply shall be provided for drinking and sanitary purposes. The existing well (permit 230142) cannot be used for the business unless it is repermitted to allow commercial use. (Department of Public Health and Environment) 22. Adequate handwashing and toilet facilities shall be provided for employees and patrons of the facility, at all times. For 2 or less full-time employees on site, portable toilets are acceptable. Records of maintenance and proper disposal for portable toilets shall be retained on a quarterly basis and available for review by the Weld County Department of Public Health and Environment. Portable toilets shall be serviced by a cleaner licensed in Weld County, contain hand sanitizers and be screened from existing adjacent residential properties and public rights -of -way. (Department of Public Health and Environment) 23. Process wastewater (such as floor drain wastes) shall be captured in a watertight vault and hauled off for proper disposal. Records of installation, maintenance, and proper disposal shall be retained. (Department of Public Health and Environment) 24. The operation shall comply with all applicable rules and regulations of State and Federal agencies and the Weld County Code. (Department of Public Health and Environment) 25. Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties. Sources of light should not cause a nuisance or interfere with the use on the adjacent properties in accordance with the map. Neither the direct, nor reflected, light from any light source may create a traffic hazard to operators of motor vehicles on public or private streets. No colored lights may be used which may be confused with, or construed as, traffic control devices. (Department of Planning Services) 26. Building permits shall be required for any new construction or set up manufactured structure, per Section 29-3-10 of the Weld County Code. A building permit application must be completed and submitted. Buildings and structures shall conform to the requirements of the various codes adopted at the time of permit application. Currently, the following have been adopted by Weld County: 2018 International Building Codes; 2018 International Residential Code; 2006 International Energy Code; 2017 National Electrical Code; and Chapter 29 of the Weld County Code. A plan review shall be approved, and a permit must be issued prior to the start of construction. (Department of Building Inspection) 27. The property owner or operator shall be responsible for complying with the Design and Operation Standards of Chapter 23 of the Weld County Code. (Department of Planning Services) 28. Necessary personnel from the Weld County Departments of Planning Services, Public Works, and Public Health and Environment shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Conditions of Approval and Development Standards stated herein and all applicable Weld County regulations. (Department of Planning Services) USR20-0006 — Faudoa Page 9 29. The Use by 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. (Department of Planning Services) 30. Construction or USE pursuant to approval of a Use by Special Review Permit shall be commenced within three (3) years from the date of approval, unless otherwise specified by the Board of County Commissioners when issuing the original Permit, or the Permit shall be vacated. The Director of Planning Services may grant an extension of time, for good cause shown, upon a written request by the landowner. 31. A Use by Special Review shall terminate when the USE is discontinued for a period of three (3) consecutive years, the USE of the land changes or the time period established by the Board of County Commissioners through the approval process expires. The landowner may notify the Department of Planning Services of a termination of the USE, or Planning Services staff may observe that the USE has been terminated. When either the Department of Planning Services is notified by the landowner, or when the Department of Planning Services observes that the USE may have been terminated, the Planner shall send certified written notice to the landowner asking that the landowner request to vacate the Use by Special Review Permit. 32. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of the most abundant mineral resources, including, but not limited to, sand and gravel, oil, natural gas, and coal. Under title 34 of the Colorado Revised Statutes, minerals are vital resources because (a) the state's commercial mineral deposits are essential to the state's economy; (b) the populous counties of the state face a critical shortage of such deposits; and (c) such deposits should be extracted according to a rational plan, calculated to avoid waste of such deposits and cause the least practicable disruption of the ecology and quality of life of the citizens of the populous counties of the state. Mineral resource locations are widespread throughout the County and person moving into these areas must recognize the various impacts associated with this development. Often times, mineral resource sites are fixed to their geographical and geophysical locations. Moreover, these resources are protected property rights and mineral owners should be afforded the opportunity to extract the mineral resource. 33. WELD COUNTY'S RIGHT TO FARM STATEMENT: 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. USR20-0006 — Faudoa Page 10 Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to assume that ditches and reservoirs may simply be moved "out of the way" of residential development. When moving to the County, property owners and residents must realize they cannot take water from irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water. Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice the size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of state and county roads outside of municipalities. The sheer magnitude of the area to be served stretches available resources. Law enforcement is based on responses to complaints more than on patrols of the County, and the distances which must be traveled may delay all emergency responses, including law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must leave their jobs and families to respond to emergencies. County gravel roads, no matter how often they are bladed, will not provide the same kind of surface expected from a paved road. Snow removal priorities mean that roads from subdivisions to arterials may not be cleared for several days after a major snowstorm. Services in rural areas, in many cases, will not be equivalent to municipal services. Rural dwellers must, by necessity, be more self-sufficient than urban dwellers. People are exposed to different hazards in the County than in an urban or suburban setting. Farm equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center pivot operations, high speed traffic, sandburs, 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. USR20-0006 — Faudoa Page 11 LAND USE APPLICATION SUMMARY SHEET Planner: Kim Ogle Hearing Date: April 21, 2020 Case Number: USR26-0066 Applicant: Hector Faudoa, King Construction, 395 County Road 29, Brighton, CO 80603 Request: A Site Specific Development Plan and Use by Special Review for a Home Business (fabrication, cutting and storage of stone and granite for stone contractor) outside of subdivisions and historic townsites, in the A (Agricultural) Zone District Address: 395 County Road 29, Brighton, CO 80603 Legal Lot B Recorded Exemption RE -2797 being a part of the E2SE4 of Section 32, Description: Township 1 North, Range 66 West of the 6th P.M., Weld County Colorado Location: West of and adjacent to County Road 29, approximately 335 -feet south of County Road 2.5 Size of Parcel: ± 7.78 acres Parcel No. 1471-32-4-00-054 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 referral responses with comments from the following agencies: Weld County Zoning Compliance, referral dated March 9, 2020 kr Adams County Planning, referral dated March 9, 2020 Brighton Fire Protection District, referral dated March 10, 2020 kr State of Colorado, Division of Water Resources, referral dated March 16, 2020 'Pr Weld County Department of Public Works, referral dated March 17, 2020 kr Weld County Department of Public Health and Environment, referral dated March 26, 2020 The Department of Planning Services' staff has not received responses from the following agencies: City of Brighton Town of Lochbuie City of Fort Lupton Weld County Sheriffs Office USR20-0006 - Faudoa Page 1 Planner: Case Number: Applicant: Request: Address: Legal Description: Location: SPECIAL REVIEW PERMIT ADMINISTRATIVE REVIEW Kim Ogle USR29-9006 Hector Faudoa, King Construction, 395 County Road 29, Brighton, CO 80603 Hearing Date: April 21, 2020 A Site Specific Development Plan and Use by Special Review for a Home Business (fabrication, cutting and storage of stone and granite for stone contractor) outside of subdivisions and historic townsites, in the A (Agricultural) Zone District 395 County Road 29, Brighton, CO 80603 Lot B Recorded Exemption RE -2797 being a part of the E2SE4 of Section 32, Township 1 North, Range 66 West of the 6th P.M., Weld County Colorado West of and adjacent to County Road 29, approximately 335 -feet south of County Road 2.5 Size of Parcel: ± 7.78 acres Parcel No. 1471-32-4-00-054 Case Summary: The proposal seeks to permit a small stone cutting and fabrication business primarily working in granite with up to two (2) employees employed from 7:00 AM until 7:00 PM Monday through Friday. The property is also the applicant's residence and has existing improvements including the Granite Shop, personal garage and personal utility shed. Water for the residence is provided by a domestic well. Water associated with the business is bottled water for the employees and non -potable water is trucked to the site and placed in a water holding tank for use with stone cutting saw and internal recycling system. Water associated with the stone cutter flow to an internal floor drain, and a recycling pump returns the water to the water holding tank for re -use. Fines and grit generated from stone cutting will be contained in the water or vacuumed up and disposed of in the dumpster. pster. A privacy screened port -a -let with a hand -washing component will be placed on site for employees. There are instances when a small propane powered compressor is utilized to polish the stone. Finished materials are stored inside the shop building with raw stone slabs stoned outside of the building. Access to the shop is via an internal all-weather road onto County Road 29, utilizing the same access point as the Faudoa residence. There is an active Zoning Violation (ZCV13-99169) initiated due to the operation of a stone cutting business without first completing the necessary Weld County Zoning Permits. This case has been forwarded to the County Attorney's Office as there to be multiple complainants. Approval of this application by the Board of County Commissioners would correct the violation; however, neither the violation case (ZCV18-00159), nor the associated court case (19-C-35615) can be dismissed until the Conditions of Approval have been completed and the County approved USR map has been recorded. USR.20-0006 - Faudoa Page 2 If this application is denied, this case will continue through the Violation process in County Court, Division C (19-C-35615). The following conditions were called out on the court ordered Motion and Stipulated Agreement. "Defendant agrees to diligently purse the Use by Special Review (USR) application process through the Department of Planning Services and eventually the Board of County Commissioners. Defendant agrees to supply any missing or clarifying paperwork as requested and to attend scheduled hearings/meetings in order to process this USR application. If this USR application is approved an amended Stipulated Agreement (to allow time to complete all conditions of approval and record the final map) will be entered. If this USR application is denied, all commercial operations and associated storage shall be removed from the property on or before August 28, 2020." The next scheduled County Court hearing is September 21, 2020, Division C. DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS: 1. The submitted materials are in compliance with the application requirements of Section 23-2-260 of the Weld County Code. 2. It is the opinion of the Department of Planning Services' staff that the applicant has shown compliance with Section 23-2-220 of the Weld County Code as follows: A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other applicable code provisions or ordinance in effect. Section 22-2-20.G.3 - A.Policy 7.3. states, "Conversion of agricultural land to urban residential, commercial and industrial uses should be considered when the subject site is located inside an Intergovernmental Agreement area, Urban Growth Boundary area, Regional Urbanization Area or Urban Development Nodes, or where adequate services are currently available or reasonably obtainable. A municipality's adopted comprehensive plan should be considered but should not determine the appropriateness of such conversion: The property is within three miles of the City of Brighton, City of Fort Lupton, Town of Lochbuie and Adams County. The property is outside of the Urban Growth Boundary Area for the City of Brighton but is located within the Brighton 2040 Urban Service Area per the City of Brighton Future Land use Map adopted on March 22, 2016. The property has been designated as Employment Industrial. The property is within the Intergovernmental Agreement Area for the City of Fort Lupton. The Future Land Use Map associated with the 2018 Fort Lupton Comprehensive Plan identifies this area as planned for Industrial uses. Section 22-2-20.H. - A. Goal 8. states, "Ensure that adequate services and facilities are currently available or reasonably obtainable to accommodate the requested new land use change for more intensive development." The applicant is proposing bottled water for employees and a port -a -let with integrated hand washing comment for sanitary needs, as typically employees are working on -site less that 2 -hours in the morning and 2 -hours in the late afternoon. The business hours are 7:00 am to 7 pm Monday through Friday only. The Faudoa family residence will utilize the existing well under the Division of Water Resources Permit No. 230142 restricted to ordinary household purposes inside (1) one single family dwelling, the watering of the user's own non-commercial domestic animals, and the irrigation of not more than 0.5 acres of home gardens and lawns. A septic system, permit number SP -0000675 is permitted for the home. The Conditions of Approval and Development Standards ensure that there are adequate services and facilities available. USR.20-0006 - Faudoa Page 3 B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A (Agricultural) Zone District. Chapter 23, Article Ill, Division 1, Section 23-3-40.L allows for a Home Business in the A (Agricultural) Zone District. C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing surrounding land uses. The adjacent lands consist of pastures, crops, and rural residences. The closest residence is about forty (40) northeast of the north property line and approximately four hundred forty (440) feet from the Granite Shop. A second residence is approximately one hundred ten (110) feet southeast of the property line and approximately one hundred eighty (180) feet from the Granite Shop. There are two (2) USRs within one mile of the site. USR16-0027 for outdoor vehicle storage and USR-1658 for a construction company are located northwest of the site specifically south of County Road 4 (New Energy Drive) and east of and adjacent to the Union Pacific Railroad mainline track. The Weld County Department of Planning Services sent notice to twenty-two (22) Surrounding Property Owners. Planning staff received a telephone call from the adjacent property owner to the north requesting a privacy fence be erected on the property line between the two properties and indicated that he was willing to help with the materials and construction costs. The applicant has been in contact with the Surrounding Property Owners and has conducted a community meeting on June 25, 2019. The applicant submitted a copy of the sign in sheet identifying four property owners who attended the event, all in support for the proposed home business. The Conditions of Approval require that the applicant submit an Emergency Action and Safety Plan, and Screening Plan. The Development Standards and Conditions of Approval will assist in mitigating the impacts of the facility on the adjacent properties and ensure compatibility with surrounding land uses and the region. D. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with future development of the surrounding area as permitted by the existing zoning and with the future development as projected by Chapter 22 of the Weld County Code and any other applicable code provisions or ordinances in effect, or the adopted Master Plans of affected municipalities. The property is located within the Brighton 2040 Urban Service Area per the City of Brighton Future Land use Map adopted by the Brighton Planning Commission on March 22, 2016 and ratified by the City Council on April 5, 2016. The property has been designated as Employment — Industrial and have defined uses: "Regional, job -creating employment uses such as regional and corporate headquarters. Light industrial uses that create less noise, traffic smoke and/or odor than industrial uses yet should still be situated away from residential areas. Suitable along US 85. Transportation infrastructure should support heavy truck traffic." The property is also located within the 2018 Fort Lupton Comprehensive Plan's Future Land use map and is designated as Industrial. "These areas represent potential industrial growth that could support significant investment and job creation within Fort Lupton. Industrial Growth Areas should support both heavy and light industrial as well as office development, contributing to economic development. This designation is intended to provide an environment for light industrial and office uses that can act as a buffer between heavy industry and lower intensity residential and commercial uses. The property is located in the 3 -mile referral area for the City of Brighton, City of Fort Lupton and Adams County. The property is also within the Coordinated Planning Agreement Area with the City of Fort Lupton who returned the undated Notice of Inquiry Form stating" The property is south of our growth boundary per our IGA with Brighton. Fort Lupton will review the case through the referral process." USR.20-0006 - Faudoa Page 4 Adams County Planning returned a referral dated March 9, 2020 and stated "Adams County and the City of Brighton project more dense urban residential development, per our long-range plans, due south of 168th (CR 2) in this area. Presently, most of our zoning is A-1 in this area and is more supportive of agricultural uses and single-family detached homes. The use itself does not appear to be compatible with residential but Adams County will certainly defer to Weld County's staff opinion on this matter. [Adams County Planning] also have concerns after reviewing the application about the active violation on the property and the owner's need to stop the use until they go before the USR public hearing(s)." The City of Brighton and the City of Fort Lupton did not return a formal referral response. E. Section 23-2-220.A.5 -- The application complies with Chapter 23, Articles V and XI, of the Weld County Code. The property is not within the Geologic Hazard Overlay District, a Special Flood Hazard Area or the Airport Overlay District or the MS4 area. Building Permits issued on the lot will be required to adhere to the fee structure of the County -Wide Road Impact Fee, County Facility Fee and Drainage Impact Fee Programs. F. Section 23-2-220.A.6 -- The applicant has demonstrated a diligent effort to conserve prime agricultural land in the locational decision for the proposed use. The proposed facility is located on approximately 5.3 acres Irrigated Land (Not Prime) with the remaining 2.5 acres listed as "Other Lands" per the 1979 Soil Conservation Service Important Farmlands of Weld County Map. G. Section 23-2-220.A.7 — There is adequate provisions for the protection of the health, safety, and welfare of the inhabitants of the neighborhood and County. The Design Standards (Section 23-2-240, Weld County Code), Operation Standards (Section 23- 2-250, Weld County Code), Conditions of Approval and Development Standards can ensure that there are adequate provisions for the protection of health, safety, and welfare of the inhabitants of the neighborhood and County. This recommendation is based, in part, upon a review of the application materials submitted by the applicant, other relevant information regarding the request, and responses from referral entities. The Department of Planning Services' staff recommendation for approval is conditional upon the following: 1. Prior to recording the map: A. The applicant shall address the requirements of the Brighton Fire Rescue District, as stated in the referral response dated March 9, 2020, specific to the determination of building classification for the change of use as determined by the Weld County Building Department. Written evidence of such shall be submitted to the Weld County Department of Planning Services. (Department of Planning Services) B. The applicant shall address the requirements of the State of Colorado Division of Water Resources, as stated in the referral response dated March 16, 2020. Written evidence of such shall be submitted to the Weld County Department of Planning Services. (Department of Planning Services) C. A Screening Plan shall be submitted to and approved by the Department of Planning Services that screens the site from the Surrounding Property Owners and County road rights -of -way. (Department of Planning Services) USR20-0006 - Faudoa Page 5 D. If the existing on -site wastewater treatment system (OWTS) for the business (SP -1000203) will be used, the existing permit shall receive final approval in accordance with current OWTS regulations. In the event the OWTS will not be utilized the permit (SP -1900203) shall be negated. (Department of Public Health and Environment) E. The map shall be amended to delineate the following: 1. All sheets of the map shall be labeled USR20-0006 (Department of Planning Services) 2. The attached Development Standards. (Department of Planning Services) 3. The map shall be prepared in accordance with Section 23-2-260.D of the Weld County Code. (Department of Planning Services) 4. The applicant shall delineate on the map the trash collection areas. Section 23-2- 240►.A.13 of the Weld County Code addresses the issue of trash collection areas. (Department of Planning Services) 5. The map shall delineate the screening in accordance with the approved Screening Plan. (Department of Planning Services) 6. The map shall delineate the existing onsite lighting. (Department of Planning Services) 7 All signs shall be shown on the map and shall adhere to Chapter 23, Article IV, Division 2 and Appendices 23-C, 23-D and 23-E of the Weld County Code. (Department of Planning Services) 8. The map shall delineate the parking area for the employees and vendors. (Department of Planning Services) 9. County Road 29 is a gravel road and is designated on the Weld County Functional Classification Map as a local road which requires 60 feet of right-of-way at full buildout. The applicant shall delineate and label on the site map or plat the future and existing right-of-way (along with the documents creating the existing right-of-way) and the physical location of the road. All setbacks shall be measured from the edge of right-of-way. This road is maintained by Weld County. (Department of Public Works) 10. County Road 2 1/2 is a gravel road and is designated on the Weld County Functional Classification Map as a local road which requires 60 feet of right-of-way at full buildout. The applicant shall delineate and label on the site map or plat the future and existing right-of-way (along with the documents creating the existing right-of-way) and the physical location of the road. All setbacks shall be measured from the edge of right-of-way. This road is maintained by Weld County. (Department of Public Works) 11. Show and label the approved access locations, approved access width and the appropriate turning radii (60') on the site plan. The applicant must obtain an access permit in the approved location(s) prior to operation. (Department of Public Works) 12. Show and label a 30 -foot minimum access and utility easement to provide legal access to the Lot B on the site plan. (Department of Public Works) 13. Show and label the drainage flow arrows. (Department of Public Works) 14. Show and label the parking and traffic circulation flow arrows showing how the traffic moves around the property. (Department of Public Works) 2. Upon completion of Condition of Approval #1 above, the applicant shall submit one (1) electronic copy (.pdf) of the map for preliminary approval to the Weld County Department of Planning Services. Upon USR.20-0006 — Faudoa Page 6 approval of the map the applicant shall submit a Mylar map along with all other documentation required as Conditions of Approval. The Mylar map shall be recorded in the office of the Weld County Clerk and Recorder by the Department of Planning Services. The map shall be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code. The Mylar map and additional requirements shall be submitted within one hundred twenty (120) 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) 3. In accordance with Weld County Code Ordinance #2012-3, approved April 30, 2012, should the map not be recorded within the required one hundred twenty (120) days from the date of the Board of County Commissioners Resolution, a $50.00 recording continuance charge shall be added for each additional three (3) month period. (Department of Planning Services) 4. Prior to Construction: A. The approved access shall be constructed prior to on -site construction. (Department of Public Works) B. If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required. (Department of Public Works) 5. The Use by Special Review is not perfected until the Conditions of Approval are completed and the map is recorded. Activity shall not occur, nor shall any building or electrical permits be issued on the property, until the Use by Special Review map is ready to be recorded in the office of the Weld County Clerk and Recorder or the applicant has been approved for an early release agreement. (Department of Planning Services) USR20-0006 - Faudoa Page 7 SITE SPECIFIC DEVELOPMENT PLAN U S E BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Hector Faudoa USR20-0006 1. A Site Specific Development Plan and Use by Special Review for a Home Business (fabrication, cutting and storage of stone and granite for stone contractor) outside of subdivisions and historic townsites, in the A (Agricultural) Zone District, USR20-0006, 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 7:00 a.m. — 7:00 p.m. Monday — Friday. (Department of Planning Services) 4. The number of on -site employees shall be up to two (2) as stated in the application materials. (Department of Planning Services) 5. The number of commercial vehicles shall be up to two (2), as stated in the application materials. (Department of Planning Services) 6. The parking area on the site shall be maintained. (Department of Planning Services) 7. All signs shall adhere to Chapter 23, Article IV, Division 2 and Appendices 23-C, 23-D and 23-E of the Weld County Code. (Department of Planning Services) 8. The existing landscaping and proposed screening on the site shall be maintained. (Department of Planning Services) 9. The property owner or operator shall be responsible for controlling noxious weeds on the site, pursuant to Chapter 15, Article I and II, of the Weld County Code. (Department of Public Works) 10. The access to the site shall be maintained to mitigate any impacts to the public road, including damages and/or off -site tracking. (Department of Public Works) 11. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized. (Department of Public Works) 12. Any work that may occupy and or encroach upon any County rights -of -way or easement shall acquire an approved Right -of -Way Use Permit prior to commencement. (Department of Public Works) 13. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Public Works) 14. Weld County is not responsible for the maintenance of onsite drainage related features. (Department of Public Works) 15. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20- 100.5, C.R.S.) shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. (Department of Public Health and Environment) 16. 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, 30-20-106.5, C.R.S. (Department of Public Health and Environment) USR.20-0006 — Faudoa Page 8 17. 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. The facility shall operate in accordance with Chapter 14, Article 1 of the Weld County Code. (Department of Public Health and Environment) 18. Fugitive dust should attempt to be confined on the property. Uses on the property should comply with the Colorado Air Quality Commission's air quality regulations. (Department of Public Health and Environment) 19. Any On -site Wastewater Treatment system located on the property must comply with all provisions of the Weld County Code, pertaining to Systems. (Department of Public Health and Environment) 20. Any additional hydraulic load to the existing septic system (SP -1900203) will require an Evaluation from a Colorado Registered Professional Engineer. The engineer's evaluation shall be submitted to the Weld County Environmental Health Department. In the event the system is found to be inadequate, the system must be brought into compliance with current Weld County On -site Wastewater Treatment System Regulations. (Department of Public Health and Environment) 21. A permanent, adequate water supply shall be provided for drinking and sanitary purposes. The existing well (permit 230142) cannot be used for the business unless it is repermitted to allow commercial use. (Department of Public Health and Environment) 22. Adequate handwashing and toilet facilities shall be provided for employees and patrons of the facility, at all times. For 2 or less full-time employees on site, portable toilets are acceptable. Records of maintenance and proper disposal for portable toilets shall be retained on a quarterly basis and available for review by the Weld County Department of Public Health and Environment. Portable toilets shall be serviced by a cleaner licensed in Weld County, contain hand sanitizers and be screened from existing adjacent residential properties and public rights -of -way. (Department of Public Health and Environment) 23. Process wastewater (such as floor drain wastes) shall be captured in a watertight vault and hauled off for proper disposal. Records of installation, maintenance, and proper disposal shall be retained. (Department of Public Health and Environment) 24. The operation shall comply with all applicable rules and regulations of State and Federal agencies and the Weld County Code. (Department of Public Health and Environment) 25. Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties. Sources of light should not cause a nuisance or interfere with the use on the adjacent properties in accordance with the map. Neither the direct, nor reflected, light from any light source may create a traffic hazard to operators of motor vehicles on public or private streets. No colored lights may be used which may be confused with, or construed as, traffic control devices. (Department of Planning Services) 26. Building permits shall be required for any new construction or set up manufactured structure, per Section 29-3-10 of the Weld County Code. A building permit application must be completed and submitted. Buildings and structures shall conform to the requirements of the various codes adopted at the time of permit application. Currently, the following have been adopted by Weld County: 2018 International Building Codes; 2018 International Residential Code; 2006 International Energy Code; 2017 National Electrical Code; and Chapter 29 of the Weld County Code. A plan review shall be approved, and a permit must be issued prior to the start of construction. (Department of Building Inspection) 27. The property owner or operator shall be responsible for complying with the Design and Operation Standards of Chapter 23 of the Weld County Code. (Department of Planning Services) 28. Necessary personnel from the Weld County Departments of Planning Services, Public Works, and Public Health and Environment shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Conditions of Approval and Development Standards stated herein and all applicable Weld County regulations. (Department of Planning Services) USR20-0006 - Faudoa Page 9 29. The Use by 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. (Department of Planning Services) 30. Construction or USE pursuant to approval of a Use by Special Review Permit shall be commenced within three (3) years from the date of approval, unless otherwise specified by the Board of County Commissioners when issuing the original Permit, or the Permit shall be vacated. The Director of Planning Services may grant an extension of time, for good cause shown, upon a written request by the landowner. 31. A Use by Special Review shall terminate when the USE is discontinued for a period of three (3) consecutive years, the USE of the land changes or the time period established by the Board of County Commissioners through the approval process expires. The landowner may notify the Department of Planning Services of a termination of the USE, or Planning Services staff may observe that the USE has been terminated. When either the Department of Planning Services is notified by the landowner, or when the Department of Planning Services observes that the USE may have been terminated, the Planner shall send certified written notice to the landowner asking that the landowner request to vacate the Use by Special Review Permit. 32. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of the most abundant mineral resources, including, but not limited to, sand and gravel, oil, natural gas, and coal. Under title 34 of the Colorado Revised Statutes, minerals are vital resources because (a) the state's commercial mineral deposits are essential to the state's economy; (b) the populous counties of the state face a critical shortage of such deposits; and (c) such deposits should be extracted according to a rational plan, calculated to avoid waste of such deposits and cause the least practicable disruption of the ecology and quality of life of the citizens of the populous counties of the state. Mineral resource locations are widespread throughout the County and person moving into these areas must recognize the various impacts associated with this development. Often times, mineral resource sites are fixed to their geographical and geophysical locations. Moreover, these resources are protected property rights and mineral owners should be afforded the opportunity to extract the mineral resource. 33. WELD COUNTY'S RIGHT TO FARM STATEMENT: 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. USR.20-0006 - Faudoa Page 10 Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to assume that ditches and reservoirs may simply be moved "out of the way" of residential development. When moving to the County, property owners and residents must realize they cannot take water from irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water. Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice the size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of state and county roads outside of municipalities. The sheer magnitude of the area to be served stretches available resources. Law enforcement is based on responses to complaints more than on patrols of the County, and the distances which must be traveled may delay all emergency responses, including law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must leave their jobs and families to respond to emergencies. County gravel roads, no matter how often they are bladed, will not provide the same kind of surface expected from a paved road. Snow removal priorities mean that roads from subdivisions to arterials may not be cleared for several days after a major snowstorm. Services in rural areas, in many cases, will not be equivalent to municipal services. Rural dwellers must, by necessity, be more self-sufficient than urban dwellers. People are exposed to different hazards in the County than in an urban or suburban setting. Farm equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center pivot operations, high speed traffic, sandburs, 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.20-0006 — Faudoa Page 11 March 9, 2020 DEPARTMENT OF PLANNING SERVICES 1555 N 17th AVE GREELEY, CO 80631 WEBSITE: www.weldgov.com E-MAIL: kogle@weldgov.com PHONE: (970) 400-3549 FAX: (970) 304-6498 FAU DOA HECTOR 395 COUNTY ROAD 29 BRIGHTON, CO 80603 Subject: USR20-0006 - Site Specific Development Plan and Use by Special Review outside of subdivisions and historic townsites for a home business, granite and stone cutting and fabrication in the A (Agricultural) Zone District On parcel(s) of land described as: LOT B REC EXEMPT RE -2797, PART E2SE4 SECTION 32, T1 N, R66W of the 6th P.M., Weld County, Colorado. Dear Applicants: I have scheduled a meeting with the Weld County Planning Commission on April 21, 2020, at 12:30 p.m. A subsequent hearing with the Board of County Commissioners will be held on May 6, 2020 at 10:00 a.m. Both hearings will be held in the Hearing Room, Weld County Administration Building, 1150 O Street, Greeley, Colorado. It is recommended that you and/or a representative be in attendance to answer any questions the Planning Commission members or Board of County Commissioners may have. Colorado Revised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01-1088) requires notification of all mineral estate owners 30 days prior to any public hearing. The applicant needs to provide the Weld County Planning Department with written certification indicating the above requirement has been met. A representative from the Department of Planning Services will be out to the property a minimum of ten days prior to the hearing to post a sign, adjacent to and visible from a publicly maintained road right-of-way which identifies the hearing time, date, and location. In the event the property is not adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent place on the property and a second sign posted at the point at which the driveway (access drive) intersects a publicly maintained road right-of-way. The Department of Planning Services' staff will make a recommendation concerning this application to the Weld County Planning Commission and will be included in the staff report one week prior to the scheduled Planning Commission hearing. You may view the staff report at https://accela-aca.co.weld.co.us/CitizenAccess If you have any questions concerning this matter, please call. Respectfully, Kim Planner March 9, 2020 DEPARTMENT OF PLANNING SERVICES 1555 N 17th AVE GREELEY, CO 80631 WEBSITE: www.weldgov.com E-MAIL: kogle@weldgov.com PHONE: (970) 400-3549 FAX: (970) 304-6498 FAU DOA HECTOR 395 COUNTY ROAD 29 BRIGHTON, CO 80603 Subject: USR20-0006 - Site Specific Development Plan and Use by Special Review outside of subdivisions and historic townsites for a home business, granite and stone cutting and fabrication in the A (Agricultural) Zone District On parcel(s) of land described as: LOT B REC EXEMPT RE -2797, PART E2SE4 SECTION 32, T1 N, R66W of the 6th P.M., Weld County, Colorado. Dear Applicants: I have scheduled a meeting with the Weld County Planning Commission on May 5, 2020, at 12:30 p.m. A subsequent hearing with the Board of County Commissioners will be held on May 20, 2020 at 10:00 a.m. Both hearings will be held in the Hearing Room, Weld County Administration Building, 1150 O Street, Greeley, Colorado. It is recommended that you and/or a representative be in attendance to answer any questions the Planning Commission members or Board of County Commissioners may have. Colorado Revised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01-1088) requires notification of all mineral estate owners 30 days prior to any public hearing. The applicant needs to provide the Weld County Planning Department with written certification indicating the above requirement has been met. A representative from the Department of Planning Services will be out to the property a minimum of ten days prior to the hearing to post a sign, adjacent to and visible from a publicly maintained road right-of-way which identifies the hearing time, date, and location. In the event the property is not adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent place on the property and a second sign posted at the point at which the driveway (access drive) intersects a publicly maintained road right-of-way. The Department of Planning Services' staff will make a recommendation concerning this application to the Weld County Planning Commission and will be included in the staff report one week prior to the scheduled Planning Commission hearing. You may view the staff report at https://accela-aca.co.weld.co.us/CitizenAccess If you have any questions concerning this matter, please call. Respectfully, Kim Planner Show Full Headers I Print I Close Printer View From: "Dickinson wr DNR, Wenlir" <wenli.dickinson@state,co.us> To: sherilockmanwhat-rire.com Subject: Re: Faudoa USR Date: Thu 04/09/20 12:22 PM Hi Sheri, We would have no issue with Mr. Faudoa using the well as permitted. Any water trucked in would need to be from a legal source. So tong as the area that collects runoff does not detain water for longer than 72 hours, any water collected is not put to beneficial use, and the area does not expose groundwater, then this office would not have any issues with this "low spot" on the property. Let me know if the county requires a formal letter, like the one sent on March 16. Regards, Wen li Dickinson Water Resource Engineer COLORADO Division of Water Resources Department of Natival ResourctFs • P 303.866.5 81 x8206 1313 Sherman St, Suite 821, Denver, CO 80203 wenii.dickinson@state1co.us, I www.colorado.gov/water On Thu, Apr 9, 2020 at 11:33 AM <sherilockman©what-wire.corn> wrote: Ms. Dickinson, I have been hired by Hector Faudoa to help him with his Weld County Special Use Permit. He received the attached comments from your office. Weld County has asked that we submit evidence from your office that we have addressed your concerns. Mr. Faudoa understands that the well can not be used for any aspect of the business. He is planning to truck in the water for the business and he will install a recycling system for the stone works. He is also installing a port -a -let. You had also voiced concerns regarding the drainage "structure" on the southwest corner of the property. There will be no structure. The southwest corner of the property has a low spot that was called out as a pond on the site plan. The historical flow patterns and runoff amounts on the site will be maintained. Please let me know if this adequately addresses your concerns. Thank you, Shed Lockman Lockman Land Consulting, LLC 36509 CR 41 Eaton, CO 80615 970-381-0526 From: Kim Ogle Sent: Wednesday, July 24, 2019 4:54 PM To: HECTOR FAU DOA <kingconstruction303@gmail.com> Cc: Bethany Pascoe <bpascoe@weldgov.com>; Evan Pinkham <epinkham@weldgov.com>; Lauren Light <Ilight@weldgov.com>; Kim Ogle <kogle@weldgov.com> Subject: PPE 19-0105 Hector, Thank you for bringing the additional items in for consideration for the USR application Representatives for Public Works state: Kim, We will need to have all of the drainage narrative questions answered by the applicant. The Drainage Narrative must describe at a minimum: i. Which exception is being applied for and include supporting documentation ii. Where the water originates if it flows onto the property from an offsite source iii. Where it flows to as it leaves the property iv. The direction of flow across the property v. If there have been previous drainage problems with the property Thanks, Evan Evan Pinkham, MPA Transportation Planner Weld County Public Works 1111 H Street Greeley, CO 80631 (97Q)400-3727 Representatives for Environmental Health state: I don't see a copy of the well permit and he can't use a cistern which is how hauling water from another source is accommodated. I suggest he stick to 2 full time employees and use a portable toilet. He cannot use the well permit for his business and it states he is doing wet cutting. Lauren Light, M.B.S. Program Manager/Environmental Planner, Environmental Health Services Weld County Department of Public Health & Environment 1555 N. 17th Ave. Greeley, CO 80631 (light@weldgov.com 970-400-2211 (office) The Department of Planning Services has reviewed the submitted materials for the proposed stone fabrication business and have the following comments. The outstanding items are listed in red. 1. Need a property Deed for Lot B of Recorded Exemption 8. Submit copy of document showing evidence of adequate water supply (e.g. well permit or letter from water district). If using a well, please complete the attached Water Supply Information Summary. 10. Notice of Inquiry or letter/email from a municipality (Fort Lupton) if the site is located within an Intergovernmental Agreement (IGA) boundary or a Cooperative Planning Area (CPA). 11 Traffic Narrative. Described how employees come to and leave the property. 12. A community meeting is encouraged for owners within 500 feet of property boundary. Provide the list of attendees, location, date and time of the event and minutes taken Chapter 23, Article II, Division 4 addresses the Use by Special Review application submittal and application process. Section 23-2-260.0.5 addresses the Special Review Permit Plan map. A. The scale of the plot plan shall be one inch 01") equals one hundred feet (100) or at another suitable scale if approved by the Department of Planning Services. B. The plot plan shall outline theBoundaries of the parcel being considered for the Use by Special Review. C. The plot plan shall include the location and identification of all of the following items which exist within a two -hundred -foot radius of the boundaries of the Use by Special Review area, as well as within the area itself; it shall also include the proposed features and structures of the Use by Special Review: 1. All public rights -of -way of record (including names). 2. All existing and proposed Structures. 3. All utility easements or rights -of -way for telephone, gas, electric, water and sewer lines. 4. Irrigation ditches, as applicable 5. Adjacent property lines and respective owners' names (may be shown on vicinity map instead). 6. All hydrographic features including streams, rivers, ponds and reservoirs (including names), as applicable. 7. Topography at two -foot contour intervals or at intervals as determined necessary by the Department of Planning Services. 8. Location of areas of moderate or severe soil limitations as defined by the Natural Resources Conservation Service or by a soil survey. 9. Location and design of stormwater management devices or structures. 10. Complete traffic circulation and parking plan showing locations and sizes. 11. Location, amount, size and type of any proposed landscape material, including fencing, walls, berms or other screening. 12. Location of any flood hazard, geologic hazard or mineral resource areas. 13. The location of any sign requiring zoning approval. Distances from property lines shall be indicated. 14. Location of any site lighting, including cut sheets associated with the light standard. 15. Evidence that the applicant may utilize railroad right-of-way for the parking, storage, circulation, et cetera. This evidence shall include a Lease agreement and terms of the agreement, at a minimum. Based on the information submitted, addition information or documentation may be required. 16. Such additional information as may be reasonably required by the Department of Planning Services, based on the second application submittal. A copy of the Recorded Easement if utilizing the access on North property line 3. Chapter 23, Article II, Division 4 addresses the Use by Special Review application submittal and application process. Section 23-2-260.D.4 addresses the Special Review Permit Plan Vicinity map. Please submit a sketch to reflect the minimum standards as outlined in this Section and include: A. The scale of the vicinity map shall be one (1) inch equals two thousand (2,000) feet or at another suitable scale if approved by the Department of Planning Services. B. The vicinity map shall delineate all of the required information within a one-half CA) mile radius of the property proposed for the Use by Special Review. C. The following information shall be shown on the vicinity map: 1. Section, Township and Range. 2. Scale and north arrow. 3. Outline of the perimeter of the parcel proposed for the Use by Special Review. 4. The general classifications and distribution of soils over the parcel under consideration. Soil classification names and agricultural capability classifications must be noted in the legend. 5. Locations and names of all roads, irrigation ditches and water features. 6. Location of all residences within a one -half -mile radius, existing and proposed accesses to the property proposed for the Use by Special Review, any abutting subdivision outlines and names, and the boundaries of any adjacent municipality. 7. Any other relevant information within a one -half -mile distance of the perimeter property proposed for the use by Special Review as may be reasonably required by the county to meet the intent and purpose of this Chapter. 4. Chapter 23, Article II, Division 4 addresses the Use by Special Review application submittal and application process. Section 23-2-260.E addresses supporting documents that will be required as part of this application. Please submit the following documents as applicable to this application: A. Waste Handling Plan (List of materials associated with shop that require disposal) B. Dust Abatement Plan (for disturbed areas of the property) Per the attached, the effective date of the Ordinance is July 25, 2019. Your application is missing several items and has been deemed incomplete. Please contact Bethany Pascoe, Zoning Compliance Officer at 970.400.3555 to discuss your options. Kim Ogle Planner III Weld County Planning Services 1555 North 17th Avenue Greeley, Colorado 80634 970.353.6100 x 3540 Office 970.400.3549 Direct kogl a@weldgov.com Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From Kim Ogle Sent: Monday, July 8, 2019 6:39 AM To: FAUDOA.FBC@GMAIL.CoM Subject: LAND USE APPLICATION FOR A COMMERCIAL STONE BUSINESS Dear a ppLicant, The Weld County Board of County Commissioners has revised their stance on the Pending Ordinance Doctrine in relation to ORD 2019-02, which will prohibit certain commercial and industrial uses in the A (Agricultural) zone district. Previously, you may have been informed that the Planning Department is no longer accepting certain Use by Special Review (USR) applications. However, after further discussion with the BOCC, County staff will continue to accept applications if the pre -application meeting has already been held. ORD 2019-02 will not go into effect until July 25, 2019. In order for your application to be accepted and processed, a complete USR application and fee must be submitted by July 25. All cases currently in -process or in the completeness -review stage will not be affected. Note: at this time, County staff is no longer accepting new pre application requests for many common USRs for commercial and industrial uses in the A (Agricultural) zone district including RV storage and trucking companies. Regards. Kim Ogle Planner III Weld County Planning Services 1555 North 17th Avenue Greeley, Colorado 80634 970.353.6100 x 3540 Office 970.400.3549 Direct kogle@weldgov.com Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. DEPARTMENT OF PLANNING SERVICES PLANNING DIVISION 1555 N. 17TH AVENUE GREELEY, Co 80631 970-400-3549 FAX 970-304-6498 kogle@welldgovicorn June 27, 2019 Mr. Hector Faudoa King Construction Inc, 395 County Road 29 Brighton, Colorado 80601 Subject: Second Completeness Review for Granite shop, stone material storage and fabrication Dear Mr. Faudoa: The Departments of Building Inspection, Environmental Health, Public Works and Planning Services have r1eviewec the submitted materials for the proposed Granite material storage and fabrication shop facility, located on land described as Lot B, RE -2797 being a part of E2 SE4 Section 32, Township 1 North, Range 66 West of the 6th P.M., County of Weld, State of Colorado. This property is 7.8 acres in area and has existing improvements including an approximate 1750 SF residence, a 4000 SF equipment building and a 3500 SF utility building. Comments concerning this land use application are as follows: Building Inspection: No comments at this juncture. The contact for this land use application will be Jose Gonzales with Building Inspection, 970.400.3533. The Environmental Health Department reviewed the application for completeness and has determined there is not sufficient documentation to proceed with the application, as the questions were not adequately addressed. Please provide additional information on the following points: 1. What is the drinking water source on the property? If utilizing a drinking water well include either the well permit or well permit application that was submitted to the State -Division of Water Resources. If utilizing a public water tap include a letter from the Water District, a tap or meter number, or a copy of the water bill. The submitted materials included a co of a Division _ of Water Resources permit for a Domestic Well inside on dwelling. _ There is no evidence of water for the business. Please rovide documentation statin water is available. 2. If storage or warehousing is proposed, what type of items will be stored? I . Describe where and how storage and/or stockpile of wastes, chemicals, and/or petroleum will occur on this site. 4. If there will be fuel storage on site indicate the gallons and the secondary containment. State the number of tanks and gallons per tank. 5. if there will be washing of vehicles or equipment on site indicate how the wash water will be contained. 6. If there will be floor drains indicate how the fluids will be contained. 7. Indicate if there will be any air emissions. (e.g. painting, oil storage, etc.) 8. Provide a design and operations plan if applicable. (e.g. composting, landfills, etc.) 9. Provide a nuisance management plan if applicable. (e.g. dairies, feedlots, etc.) 10. Additional information may be requested depending on type of land use requested. Water and sewer for employees needs to be provided.. The contact for this land use application will be Lauren Light with Environmental Health, 970.400. 2211. The Department of Public Works has reviewed the application and finds that there is not adequate information to review this submittal. More information is needed. 1. Drainage Narrative is required The Drainage Narrative must describe at a minimum: i. Which exception is being applied for and include supporting documentation ii. Where the water originates if it flows onto the property from an offsite source iii. Where it flows to as it leaves the property iv. The direction of flow across the property v. If there have been previous drainage problems with the p ro perky The contact for this land use application will be Evan Pinkham 970.400.3727.. The Department of Planning Services has reviewed the submitted materials for the proposed stone fabrication business and have the following comments: I. Please complete the Use by Special Review cover page and provide a legal description. 2. Submit a copy of the Pre -application meeting minutes, PRE 19-01 ob 3. Submit responses to USR questionnaire and provide sufficient detail of the proposed uses on the property 4. Submit copy of document showing evidence of adequate water supply (e.g. well permit or letter from water district). If using a well, please complete the attached Water Supply Information Summary. The submitted materials included a copy of a Division of Water Resources permit for a Domestic Well inside on dwelling. There is no evidence of rater for the business. Please provide document_ation, stating water is available for the business. 2 5. Submit copy of document showing evidence of adequate sewage disposal (e.g. septic permit or letter from the sanitary sewer district) 6. Notice of Inquiry or letter/email from a municipality if the site is located within an Intergovernmental Agreement (IGA) boundary or a Cooperative Planning Area (CPA). 7. Traffic Narrative. Described how employees come to and leave the property. 8. A community meeting is encouraged for owners within 500 feet of property boundary. Provide the list of attendees, location, date and time of the event and minutes taken. The submitted materials identify who attended the meeting, but the location, date and time of the meeting and any minutes from the meeting were not attached to the application. 9. Chapter 23, Article II, Division 4 addresses the Use by Special Review application submittal and application process. Section 23-2-260.E addresses supporting documents that will be required as part of this application. Please submit the following documents as applicable to this application: A. Waste Handling Plan E. Dust Abatement Plan 10. Please submit the signed Notice of Inquiry form from the city of Fort Lupton indicating their response to your application. With the re -submittal of the missing application components and accompanied with the additional information required as outlined in this letter, including the application fee planning staff will set the case for processing if the application is deemed complete. On an aside, please consider introducing yourself to your neighbors and letting them know of your proposed site improvements and proposed future uses on the property. Finally, it is imperative that the questions associated with the questionnaire be fully answered as the questionnaire component describes the uses requested on the property. The Certificate of conveyances is older than 30 -days and will require a recertification. The USR Map prepared by CES Consultants, LLC does not show the existing access to the residence and the travel lane west to the barn and to the shop. Please show the access. Public Works had specific requirements that should be a part of the plan. Please arrange for all required components to be identified on the map. A hand drawn in access to the north is drawn on the USR Site Map. Planning found no evidence of a grant of access and utility easement across the adjoining lands in the application documents. Please provide a copy of the recorded easement. If not grant of easement remove this access. This phase of the planning process is a content review of the submitted materials, NOT a technical review. Comments made during this phase of the process will not be all-inclusive. County staff will perform a detailed technical review of the project once the submittal application is deemed acceptable and is promoted to the review phase of the planning process. With documents and formatted materials received as specified herein and re -submitted to this office for case initiation 3 and set-up, staff will commence with the referral process. Should you have additional questions or require clarification on any of the points presented herein, please contact Kim at 970.400.3549. Zoning Compliance has established dates for the case. Please contact Bethany Pasco, Zoning Compliance if additional time is needed to complete the application requirements. Thank you. Sincerely, (if i Abe P! nri ng Services ec: B. Pascoe, Zoning Compliance File Faudoa PRE19-0105 4 June 13, 2019 DEPARTMENT OF PLANNING SERVICES PLANNING DIVISION 1555 N, 17TH AVENUE REE LEY, Co 80631 970-400-3549 FAX 970-304-6498 kogle@weld_gov.com Mr. Hector Faudoa King Construction Inc. 395 County Road 29 Brighton, Colorado 80601 Subject: Completeness Review for Granite shop, stone material storage and fabrication Dear Mr. Faudoa: The Departments of Building Inspection, Environmental Health, Public Works and Planning Services have reviewed the submitted materials for the proposed Granite material storage and fabrication shop facility, located on land described as Lot B, RE -2797 being a part of E2 SE4 Section 32, Township 1 North, Range 66 West of the 6th P.M., County of Weld, State of Colorado. This property is 7.8 acres in area and has existing improvements including an approximate 1750 SF residence, a 4000 SF equipment building and a 3500 SF utility building. Comments concerning this land use application are as follows: Building Inspection: No comments at this juncture. The contact for this land use application will be Jose Gonzales with Building Inspection, 970.400.3533. The Environmental Health Department reviewed the application for completeness and has determined there is not sufficient documentation to proceed with the application, as the questions were not adequately addressed. Please provide additional information on the following points: 1. What is the drinking water source on the property? If utilizing a drinking water well include either the well permit or well permit application that was submitted to the state -Division of Water Resources. If utilizing a public water tap include a letter from the Water District, a tap or meter number, or a copy of the water bill. 2. What type of sewage disposal system is on the property? If utilizing an existing septic system provide the septic permit number. If there is no septic permit due to the age of the existing septic system, apply for a septic permit through the Department of Public Health and Environment prior to submitting this application. If a new septic system will be installed please state "a new septic system is proposed". Only propose portable toilets if the use is consistent with the Department of Public Health and Environment's portable toilet policy. 1 . If storage or warehousing is proposed, what type of items will be stored? 4. Describe where and how storage and/or stockpile of wastes, chemicals, and/or petroleum will occur on this site. 5. If there will be fuel storage on site indicate the gallons and the secondary containment. State the number of tanks and gallons per tank. 6. If there will be washing of vehicles or equipment on site indicate how the wash water will be contained. 7. If there will be floor drains indicate how the fluids will be contained. 8. Indicate if there will be any air emissions. (e.g. painting, oil storage, etc.) 9. Provide a design and operations plan if applicable. (e.g. composting, landfills, etc.) 10. Provide a nuisance management plan if applicable. (e.g. dairies, feedlots, etc.) 11. Additional information may be requested depending on type of land use requested. Water and sewer for employees needs to be provided.. The contact for this land use application will be Lauren Light with Environmental Health, 970.400. 2211. The Department of Public Works has reviewed the application and finds that there is not adequate information to review this submittal. More information is needed. 1. Drainage Narrative is required The Drainage Narrative must describe at a minimum: i. Which exception is being applied for and include supporting documentation ii. Where the water originates if it flows onto the property from an offsite source iii. Where it flows to as it leaves the property iv. The direction of flow across the property v. If there have been previous drainage problems with the property The contact for this land use application will be Evan Pinkham 970.400.3727. The Department of Planning Services has reviewed the submitted materials for the proposed stone fabrication business and have the following comments: 1. Please complete the Use by Special Review cover page in its entirety and sign the form with the names of persons who are identified on the property deed . Submit a copy of the Pre -application meeting minutes, PRE19-0105 3. Submit Applicant's representative/authorization form if applicant or authorized agent is different than owner. Submit incorporation documents if the owner is an LLC, INC, etc. This requirement has been met, no further action required. 5. Submit responses to USR questionnaire and provide sufficient detail of the proposed uses on the property. 6. Submit a list of all the surrounding property owners (surface estate) within 500 feet of the property under consideration. This list must be a certified list of the names, addresses, and the corresponding parcel number assigned by the Weld County Assessor of the owners' of property. Also submit the affidavit stating that the list is accurate. This list shall be compiled from the records of the Weld County Assessor, the Weld County Website, www. co.weld.us, or a person qualified to do the task. This list expires in thirty days of the date compiled. 2 7. Submit copy of document showing evidence of adequate water supply (e.g. well permit or letter from water district). If using a well, please complete the attached Water Supply Information Summary. Submit copy of document showing evidence of adequate sewage disposal (e.g. septic permit or letter from the sanitary sewer district) 9. Notice of Inquiry or letter/email from a municipality if the site is located within an Intergovernmental Agreement (IGA) boundary or a Cooperative Planning Area (CPA). 10 Traffic Narrative. Described how employees come to and leave the property. 11. A community meeting is encouraged for owners within 500 feet of property boundary. Provide the list of attendees, location, date and time of the event and minutes taken 12. Chapter 23, Article II, Division 4 addresses the Use by Special Review application submittal and application process. Section 23-2-260.E addresses supporting documents that will be required as part of this application. Please submit the following documents as applicable to this application: A. Waste Handling Plan B. Dust Abatement Plan With the re -submittal of the missing application components and accompanied with the additional information required as outlined in this letter, including the application fee planning staff will set the case for processing if the application is deemed complete. On an aside, please consider introducing yourself to your neighbors and letting them know of your proposed site improvements and proposed future uses on the property. This phase of the planning process is a content review of the submitted materials, NOT a technical review. Comments made during this phase of the process will not be all-inclusive. County staff will perform a detailed technical review of the project once the submittal application is deemed acceptable and is promoted to the review phase of the planning process. With documents and formatted materials received as specified herein and re -submitted to this office for case initiation and set-up, staff will commence with the referral process. Should you have additional questions or require clarification on any of the points presented herein, please contact Kim at 970.400.3549. Thank you. Sincerely, Kim Ogle Planning Services ec: B. Pascoe, Zoning Compliance File Faudoa PRE19-0105 3 Hello