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LAND USE APPLICATION
SUMMARY SHEET
C. Gathman Hearing Date: 11/6/2018
USR18-0067
Adam & LaShawn Hilton
Brian Debauche — Law Firm of Brian Debauche LLC
A Site -Specific Development Plan and Use by Special Review Permit for a Home Business
(automobile modification & repair) in the A(Agricultural) Zone District.
S2 of Lot 11, Block 1 Jo Ann Subdivision, located in part of the SE4 of Section 26, T1 N,
R66W of the 6'" PM, Weld County, CO
West of and adjacent to Bailey Drive and approximately 445 feet north of County Road 4.
+/- 2.26 acres Parcel No. 1471-26-4-02-008
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:
F Weld County Department of Public Health and Environment, referral dated 9/10/2018
y Weld County Department of Public Works, referral dated 9/17/2018
y Weld County Zoning Compliance, referral dated 8/20/2018
y City of Fort Lupton, referral dated 8/21/2018
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
y City of Brighton, referral dated February 9/14/2018
▪ Division of Water Resources, referral dated 8/23/2018
▪ Weld County Sheriff's Office, referral dated 9/7/2018
y Colorado Parks and Wildlife, referral dated 8/20/2018
The Department of Planning Services' staff has not received responses from the following agencies:
V V V V V
Weld County Department of Building Inspection
Town of Lochbuie
Adams County
Brighton Fire Protection District
West Adams Soil Conservation District
USR18-0067 — Hilton
Page 1
SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
Planner: C. Gathman Hearing Date: 11/6/2018
Case Number: USR18-0067
Applicant: Adam & LaShawn Hilton
Representative: Brian Debauche — Law Firm of Brian Debauche LLC
Request: A Site -Specific Development Plan and Use by Special Review Permit for a Home
Business (automobile modification & repair) in the A(Agricultural) Zone District.
Legal S2 of Lot 11, Block 1 Jo Ann Subdivision, located in part of the SE4 of Section 26, Ti N,
Description: R66W of the 6'" PM, Weld County, CO
Location: West of and adjacent to Bailey Drive and approximately 445 feet north of County Road
4.
Size of Parcel:
Case Summary:
+1- 2.26 acres Parcel No. 1471-26-4-02-008
The applicant (homeowner) is proposing to repair and modify vehicles in an existing outbuilding on the
property. The homeowner began fixing and enhancing race cares for NASCAR and street performance.
The application indicates that there will be no storage of paints, fuels or volatiles on the property and no
sanding or dust -heavy activities. A limited vehicle storage area (for vehicles to be worked on) is located
between the existing residence and the shop building. The application indicates that a maximum of 2-3
vehicles per day would visit the site for business purposes (mainly on weekends). No full-time outside
employees are associated with this business. However, the application indicates occasionally part time or
contract employees are used on an as needed basis. The applicant is proposing bottled water and a
portable toilet for customers visiting the site. Hours of operation are proposed to be 8 AM-10PM Monday -
Friday and 8 AM — 8 PM on Weekends.
This proposed use is located in the Jo Ann Subdivision. It is located on a lot that is 1/2 the size of most of
the existing lots in the subdivision. This lot was originally deeded in 1971.
This USR was submitted in response to an active Zoning Violation (ZCV18-00066) was noted. This
violation was initiated due to the custom automobile repair businesses without first completing the
necessary Weld County Zoning Permits.
Approval of this application by the Board of County Commissioners would correct the outstanding
violations. If this application is denied, the Department of Planning Services asks that the Board refer this
case to the County Attorney's Office for legal action, but to delay legal action for 30 (thirty) days to
remove all associated commercial storage and operations from the property.
DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST DENIED
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:
USR18-0067 — Hilton
Page 2
A. Section 23-2-220.A.1 -- The proposed use is not consistent with Chapter 22 and any
other applicable code provisions or ordinance in effect.
Section 22-2-20.G.2 states: "Conversion of agricultural land to nonurban residential,
commercial and industrial uses will be accommodated when the subject site is an area
that can support such development. Such development shall attempt to be compatible
with the region."
The proposed USR is located within a residential subdivision (Jo Ann Subdivision). The
automobile repair shop is located within close proximity (150 -feet) of an existing
residence.
The applicant has installed fencing along the north property line between the shop and
the adjacent residence. Also, they are proposing to limit the number of vehicles
temporarily stored on -site (until they are worked on). The application indicates that they
will limit the hours of noisy activity. This acknowledges that the use will generate
significant noise.
The development standards and conditions of approval will not adequately address the
impacts associated with this use (predominately noise) given the proximity to the
adjacent residence and the nature of the business (race car repair and modification).
Section 22-2-20 1.5 A.Policy 9.5. states "Applications for a change of land use in the
agricultural areas should be reviewed in accordance with all potential impacts to
surrounding properties and referral agencies".
The proposed development standards and conditions of approval will not adequately
mitigate the impacts associated with this use.
Section 22-2-100.A Policy 1.3. states "Neighborhood commercial uses should be allowed
in residential areas. These commercial uses should consist only of neighborhood -
oriented businesses. Commercial uses that service a greater area than the neighborhood
and create an undesirable impact, such as increased vehicular traffic, are not considered
appropriate in residential neighborhoods."
In the original pre -application meeting the materials submitted indicated that he works
mainly at another location and moved some vehicles to this location within the past year.
However, the applicant has a Facebook page that lists the applicant's business and
street address and lists hours as always open. This is advertising to a greater area than
the immediate neighboring area.
The noise associated with the business will also impact the adjacent lots in the
subdivision.
Section 22-2-100.E C.Goal 5 states: "Minimize the incompatibilities that occur between
commercial uses and surrounding properties."
The business is in close proximity to adjacent residential properties (especially the
property to the north). The proposed use (car repair and modification) and the impacts
associated with the use (noise) are not compatible with the surrounding properties.
B. Section 23-2-220.A.2 -- The proposed use is not consistent with the intent of the A
(Agricultural) Zone District.
Section 23-340.P Home Businesses as a Use by Special Review in the A (Agricultural)
Zone District.
USR18-0067 — Hilton
Page 3
Section 23-3-10 — Intent states: "The A (Agricultural) Zone District is also intended to
provide areas for the conduct of uses by Special Review which have been determined to
be more intense or to have a potentially greater impact than uses Allowed by Right."
The Home Business definition is as follows:
HOME BUSINESS: An incidental use to the principal permitted use for gainful
employment of the family residing on the property, where:
Such use is conducted primarily within a dwelling unit or Accessory Structure and
principally carried on by the family resident therein.
Such use is clearly incidental and secondary to the principal permitted use and shall
not change the character thereof.
The impacts associated with this business (predominately noise associated with the use)
do not meet the requirement of the use being incidental and secondary to the principal
permitted use and will change the character of the property and the immediate
surrounding area.
C. Section 23-2-220.A.3 -- The uses which will be permitted will be not be compatible with
the existing surrounding land uses.
The proposed USR is located within a subdivision (Jo Ann Subdivision). Single family
residences located on lots ranging from 4.6 to 2.6 acres in size. The nearest residence is
located approximately 150 -feet to the north and east of the shop building. The shop
building door faces towards this residence. This proposed business is located on a lot
that was divided in 1971, this lot is smaller (half of the size of the majority of the lots in
the subdivision and the shop is located closer to the residence to the north than is typical
of other lots in the subdivision
Staff has received one (1) letter of objection and one (1) petition of objection signed by
seven (7) property owners/tenants of nearby properties. Three (3) of the properties are
immediately to the north, west and east of the proposed USR site. The letter and petition
site noise at various times during the day and during the night. Staff also received a
phone call from the neighboring property owner two (2) lots to the north indicated he did
not have an objection but wanted to review the application.
The applicant has installed fencing along the north property line between the shop and
the adjacent residence. Also, they are proposing to limit the number of vehicles
temporarily stored on -site (until they are worked on).
The development standards and conditions of approval do not adequately address the
impacts associated with this use (predominately noise) given the proximity to the
adjacent residence and the nature of the business (race car repair and modification). The
use is not compatible with the existing surrounding uses.
G. Section 23-2-220.A.7 — There are not 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.
The Conditions of Approval and Development Standards are not adequate to ensure that
there are adequate provisions for the protection of the welfare of the inhabitants of the
neighborhood.
USR18-0067 — Hilton
Page 4
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.
Should the Planning Commission recommend approval of this USR, the Department of Planning Services
recommends the following conditions of approval and development standards:
1. Prior to recording the plat:
A. The applicant shall address the comments of the Division of Water Resources, as stated in
the referral response dated 8/23/2018. Written evidence of such shall be submitted to the
Weld County Department of Planning Services. (Department of Planning Services)
B. A change of use building permit shall be submitted for the building in which the automobile
repair and modification occurs. (Department of Building Inspection)
C. All derelict vehicles on the property shall be addressed by one of the following:
Vehicles shall be screened by an opaque fence from adjacent properties.
Vehicles shall be stored in a building.
Vehicles shall be removed from the property. (Department of Planning Services/Zoning
Compliance)
D. The plat shall be amended to delineate the following:
1. All sheets of the map shall be labeled USR18-0067 (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
23-3-350.H of the Weld County Code addresses the issue of trash collection areas.
(Department of Planning Services)
5. The map shall delineate the landscaping and/or screening. (Department of Planning
Services)
6. The map shall delineate the lighting which shall adhere to the Weld County Code.
(Department of Planning Services)
7. The vehicle storage area (for vehicles to be worked on) shall be indicated.
(Department of Planning Services)
8. All signs (if applicable) 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)
9. The map shall delineate the parking area for the vendors, customers and/or
employees. (Department of Planning Services)
10. Bailey Drive 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 on the site plan the existing right-of-way. All
setbacks shall be measured from the edge of right-of-way. This road is maintained
by Weld County. (Department of Public Works)
USR18-0067 — Hilton
Page 5
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 construction. (Department of Public Works)
12. Show and label the entrance gate if applicable. An access approach that is gated
shall be designed so that the longest vehicle (including trailers) using the access can
completely clear the traveled way when the gate is closed. In no event, shall the
distance from the gate to the edge of the traveled surface be less than 35 feet.
(Department of Public Works)
13. The applicant shall show 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)
15. Show and label all recorded easements on the map by book and page number or
reception number and date on the site plan. (Department of Planning Services)
2. Upon completion of Condition of Approval #1 above, the applicant shall submit one (1) electronic
copy (.pdf) of the plat for preliminary approval to the Weld County Department of Planning
Services. Upon approval of the plat the applicant shall submit a Mylar plat along with all other
documentation required as Conditions of Approval. The Mylar plat shall be recorded in the office
of the Weld County Clerk and Recorder by the Department of Planning Services. The plat shall
be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County
Code. The Mylar plat and additional requirements shall be submitted within 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
plat 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 added
for each additional three (3) month period. (Department of Planning Services)
4. The Department of Planning Services respectfully requests a digital copy of this "Use by Special
Review", as appropriate. Acceptable format is a projected ESRI shapefile (.shp, .shx, .dbf, .prj)
with a defined coordinate system (i.e., NAD 1983 UTM Zone 13N, WGS 1984, NAD 1983 HARN
StatePlane Colorado North FIPS 0501 (US Feet)....etc.). This digital file may be sent to
mapsRco.weld.co.us. (Department of Planning Services)
5. Prior to Construction:
A. If more than 1 acre is to be disturbed, a Weld County grading permit will be required.
(Department of Public Works)
6. The Use by Special Review activity shall not occur, nor shall any building or electrical permits be
issued on the property, until the Use by Special Review plat 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)
USR18-0067 — Hilton
Page 6
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Adam & LaShawn Hilton
USR18-0067
1. A Site -Specific Development Plan and Use by Special Review Permit, USR18-0067, for Home
Business (automobile modification & repair) in the A (Agricultural) Zone District, 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 6:00 p.m. - 8:00 p.m. Monday — Friday and 10:00 a.m to 6:00 p.m.
(Department of Planning Services)
4. The number of outside employees shall be limited to two (2). (Department of Planning Services)
5. The parking area on the site shall be maintained. (Department of Planning Services)
6. A maximum of three (3) vehicles (to be worked on) can be stored, staged outside at any given time.
(Department of Planning Services)
7. The screening on the site shall be maintained. (Department of Planning Services)
8. All automobile repair and modification work shall occur indoors. (Department of Planning Services)
9. 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)
10. 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)
11. 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 applicant
shall operate in accordance with Chapter 14, Article 1 of the Weld County Code. (Department of
Public Health and Environment)
12. 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)
13. All potentially hazardous chemicals must be handled in a safe manner in accordance with product
labeling. and in a manner, that minimizes the release of hazardous air pollutants (HAPs) and volatile
organic compounds (VOCs). All chemicals must be stored securely, on an impervious surface, and in
accordance with manufacturers' recommendations. (Department of Public Health and Environment)
14. The facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone as
delineated in 25-12-103 C.R.S. (Department of Public Health and Environment)
15. Adequate drinking, hand washing, and toilet facilities shall be provided for employees and patrons, at
all times. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
The existing well cannot be used for the business unless it is permitted to allow commercial use.
(Department of Public Health and Environment)
USR18-0067 — Hilton
Page 7
16. Any septic system located on the property must comply with all provisions of the Weld County Code,
pertaining to On -site Wastewater Treatment Systems. (Department of Public Health and
Environment)
17. Adequate drinking, hand washing, and toilet facilities shall be provided for employees and customers,
at all times. For 4 or less part-time employees on site and 10 or less customers per day, portable
toilets and bottled water 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 and shall contain hand sanitizers. (Department of Public Health and Environment)
18. 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)
19. The property owner shall control noxious weeds on the site. (Department of Public Works)
20. The access on the site shall be maintained to mitigate any impacts to the public road including
damages and/or off -site tracking. (Department of Public Works)
21. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Department of Public Works)
22. 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)
23. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Public
Works)
24. 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)
25. Building permits may be required, per Section 29-3-10 of the Weld County Code. Currently, the
following have been adopted by Weld County: 2012 International Codes, 2006 International Energy
Code, and 2017 National Electrical Code. A Building Permit Application must be completed and two
(2) complete sets of engineered plans bearing the wet stamp of a Colorado registered architect or
engineer must be submitted for review. A Geotechnical Engineering Report performed by a Colorado
registered engineer shall be required or an Open Hole Inspection. (Department of Building Inspection)
26. 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)
27. 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)
28. 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)
USR18-0067 — Hilton
Page 8
29. The facility shall notify the County of any revocation and/or suspension of any State issued permit.
(Department of Public Health and Environment)
30. The applicant shall notify the County upon receipt of any compliance advisory or other notice of non-
compliance of a State issued permit, and of the outcome or disposition of any such compliance
advisory or other notice of non-compliance. (Department of Public Health and Environment)
31. The property owner or operator shall be responsible for complying with all of the foregoing
Development Standards. Noncompliance with any of the foregoing Development Standards may be
reason for revocation of the Permit by the Board of County Commissioners. (Department of Public
Health and Environment)
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.
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
USR18-0067 — Hilton
Page 9
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.
USR18-0067 — Hilton
Page 10
October 10, 2018
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.weldgov.com
E-MAIL: cgathman@weldgov.com
PHONE: (970) 400-3537
FAX: (970) 304-6498
BRIAN DEBAUCHE
401 KALAMATH ST.
DENVER, CO 80204
Subject: USR18-0067 - A Site Specific Development Plan and Use by Special Review Permit for a Home
Business (modification & repair of race cars) in the A (Agricultural) Zone District.
On parcel(s) of land described as:
S2 LOT 11 BLOCK 1 JO ANN SUB; PART OF SECTION 26, -11 N, R66W OF THE 6TH P.M., WELD
COUNTY, COLORADO.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on November 6, 2018, at 12:30
p.m. A subsequent hearing with the Board of County Commissioners will be held on November 14,
2018 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
www.weldcountyplanningcases.org
If you have any questions concerning this matter, please call.
Respectfully,
/Ci '
Chris Gathman
Planner
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.weldgov.com
E-MAIL: cgathman@weldgov.com
PHONE: (970) 400-3537
FAX: (970) 304-6498
August 20, 2018
Brian DeBauche
401 Kalamath St.
Denver, CO 80204
Subject: USR18-0067 - A Site Specific Development Plan and Use by Special Review Permit for a Home
Business (modification & repair of race cars) in the A (Agricultural) Zone District.
On parcel(s) of land described as:
S2 LOT 11 BLOCK 1 JO ANN SUB; PART OF SECTION 26, T1 N, R66W OF THE 6TH P.M., WELD
COUNTY, COLORADO.
Dear Applicants:
Your application and related materials for the request described above are complete and in order at this
time. I will schedule a meeting with you at the end of the review period to discuss the referral
comments received by our office.
It is the policy of Weld County to refer an application of this nature to any town or municipality lying
within three miles of the property in question or if the property under consideration is located within the
comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of
the submitted materials to the following Planning Departments for their review and comments:
Brighton at Phone Number 303-655-2000
Fort Lupton at Phone Number 303-857-6694
Lochbuie at Phone Number 303-655-9308
It is recommended that you contact the listed Planning Departments for information regarding their
process and to answer any questions that might arise with respect to your application.
If you have any questions concerning this matter, please call.
Respectfully,
titAL
Chris Gathman
Planner
FIELD CHECK
inspection dates: 10/26/2018
APPLICANT: Adam & LaShawn Hilton
CASE #: USR18-0067
REQUEST: A Site -Specific Development Plan and Use by Special Review Permit for a Home Business
(automobile modification & repair) in the A(Agricultural) Zone District.
LEGAL: S2 of Lot 11, Block 1 Jo Ann Subdivision, located in part of the SE4 of Section 26, Ti N,
R66W of the 6'" PM, Weld County, CO
LOCATION: West of and adjacent to Bailey Drive and approximately 445 feet north of County Road 4.
PARCEL ID #s: 1471-26-4-02-008
ACRES:
+1- 152.84 acres
Zoning
Land Use
N
A
N
SF Residence
E
A
E
SF Residence
S
A
S
SF Residence
W
A
W
SF Residence
COMMENTS:
Existing residence and outbuildings located on property. Site is located within an existing residential
subdivision (Jo Ann Subdivision).
Chris Gathman - Planner III
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