HomeMy WebLinkAbout20193477.tiffPlanner:
C. Gathman
Case Number: USR19-0037
LAND USE APPLICATION
SUMMARY SHEET
Hearing Date: July 16, 2019
Applicant: Tim Carver — Carver Landscape Company Inc.
Request:
A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT
FOR ANY USE PERMITTED AS A USE BY RIGHT, AN ACCESSORY USE, OR A USE
BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS
(OFFICE, SHOP, VEHICLE AND EQUIPMENT STORAGE AND STORAGE OF
LANDSCAPING MATERIAL ASSOCIATED WITH A LANDSCAPE BUSINESS)
PROVIDED THAT THE PROPERTY IS NOT A LOT IN AN APPROVED OR
RECORDED SUBDIVISION PLAT OR LOTS PARTS OF A MAP OR PLAN FILED
PRIOR TO ADOPTION OF ANY REGULATIONS CONTROLLING SUBDIVISIONS IN
THE A (AGRICULTURAL) ZONE DISTRICT.
Legal Lot A of Recorded Exemption RE -670; Part of the W2NW4 of Section 16, T7N, R66W of
Description: 6'h PM, Weld County, Colorado
Location: East of and adjacent to County Road 29 and approximately 0.5 mile north of County
Road 80.
Size of Parcel:
+1- 6.05 acres Parcel No. 0707-16-0-00-052
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 March 2, 2018
y Weld County Department of Public Works, referral dated March 5, 2017
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
▪ Weld County Zoning Compliance, referral dated May 20, 2019
▪ North Weld County Water District, referral dated May 28, 2019
y Colorado Department of Transportation, referral dated June 24, 2019
The Department of Planning Services' staff has not received responses from the following agencies:
VVVVVVVV8181
Department of Building Inspection
Weld County Sheriff's Office
West Greeley Conservation District
Colorado Parks and Wildlife
Town of Ault
Town of Severance
Ault Fire Protection District
School District RE -9
Collins Lateral
Lakeside Lateral
USR19-0037 — Carver Landscape Company
Page 1
Greeley Soil Conservation District
USR19-0037 — Carver Landscape Company
Page 2
SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
Planner: C. Gathman Hearing Date: July 16, 2019
Case Number: USR19-0037
Applicant: Tim Carver — Carver Landscape Company Inc.
Request:
A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT
FOR ANY USE PERMITTED AS A USE BY RIGHT, AN ACCESSORY USE, OR A USE
BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS
(OFFICE, SHOP, VEHICLE AND EQUIPMENT STORAGE AND STORAGE OF
LANDSCAPING MATERIAL ASSOCIATED WITH A LANDSCAPE BUSINESS)
PROVIDED THAT THE PROPERTY IS NOT A LOT IN AN APPROVED OR
RECORDED SUBDIVISION PLAT OR LOTS PARTS OF A MAP OR PLAN FILED
PRIOR TO ADOPTION OF ANY REGULATIONS CONTROLLING SUBDIVISIONS IN
THE A (AGRICULTURAL) ZONE DISTRICT.
Legal Lot A of Recorded Exemption RECX14-0078; located in Part of the S2 of Section 17,
Description: T6N, R64W of the 61h PM, Weld County, Colorado
Location: East of and adjacent to County Road 29 and approximately 0.5 mile north of County
Road 80.
Size of Parcel:
Case Summary:
+/- 6.05 acres Parcel No. 0707-16-0-00-052
The applicant is proposing to operate a landscape business on the site. Vehicles, equipment and
landscape materials will be stored on site. There is also an existing building to be utilized as an office,
heated shop and dry storage area. The applicant is proposing up to four (4) work trucks to access the site
on a daily basis. In addition, up to six (6) employees would be accessing the site. Hours of operation are
from 7:00 AM to 5:00 PM Monday -Friday.
A complaint was originally received in 2015 for operating a landscaping business without the required
zoning permits. A probable cause -show cause was process in 2015 and a pre -application meeting was
held in 2015. However, an application deemed as a complete application was never submitted. Staff
received complaints in winter 2018/2019. In response to complaints, staff contacted the applicant/property
owner and a complete application was submitted.
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.
USR19-0037 — Carver Landscape Company
Page 3
22-2-20 G.2 A.Policy 7.2. Conversion of agricultural land to nonurban residential,
commercial and industrial uses should be accommodated when the subject site is in an
area that can support such development and should attempt to be compatible with the
region.
The applicant is proposing a screening and landscaping plan to screen the property from
the adjacent residence. There is currently landscaping/screening located along the south
property line.
Section 22-2-20 1.5 A.Policy 9.5. 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 use is in an area that can support this development and the Development
Standards, and the Conditions of Approval including screening requirements, limits on the
number of on -site employees, and a road maintenance agreement and limits on the amount
of vehicles on -site will assist in mitigating the impacts of the facility on the adjacent
properties and ensure compatibility with surrounding land uses and the region.
B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A
(Agricultural) Zone District.
Section 23-340.S delineates any use permitted as a Use by Right, an Accessory Use, or a
Use by Special Review in the commercial or industrial zone districts (concrete construction
business for commercial vehicle and equipment storage) provided that the property is not
a Lot in an approved or recorded subdivision plat or lots parts of a map or plan filed prior
to adoption of any regulations controlling subdivisions as a Use by Special Review in the
A(Agricultural) Zone District.
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 attached development standards and conditions of approval will adequately mitigate
the impacts of the proposed use on the surrounding area. Limits on hours of operation and
number of vehicles are attached to address the impacts related to this use.
C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the
existing surrounding land uses.
The property borders an existing residence immediately to the south and a residential
parcel to the north. There is an existing feedlot (approved under SUP -57) is located to the
northwest. The property is screened from the property to the south by existing trees and
vegetation.
No phone calls or correspondence has been received from surrounding property owners
regarding this application since referrals have been sent out for this case.
Several development standards and conditions of approval are attached including limits on
hours of operation, number and type of vehicles associated with the business and an
updated landscaping and screening plan to address compatibility with the surrounding
area.
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.
USR19-0037 — Carver Landscape Company
Page 4
The site is located within the three (3) mile referral area of the Town of Ault and the Town
of Severance. The site is located within cooperative planning agreement (IGA) boundaries
for both the Town of Ault and Town of Severance. Prior to sending out referrals for this
case, the Town of Ault and the Town of Severance indicated that they are not interested in
pursuing annexation at this time. No referral response has been received from the Town
of Ault and the Town of Severance in regards to this case.
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.
Building Permits issued on the lot will be required to adhere to the fee structure of the
County -Wide Road Impact Fee Program.
Building Permits issued on the proposed lot will be required to adhere to the fee structure
of the 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 6.05 acres delineated as "Prime" per the
1979 Soil Conservation Service Important Farmlands of Weld County Map. A portion of
the site is covered with existing buildings, access and storage.
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 plat:
A. Address the Public Works referral relating to the location of accesses for the USR.
(Department of Public Works)
B. A Road Maintenance Agreement is required at this location. Road maintenance includes, but
is not limited to, dust control and damage repair to specified haul routes. (Department of
Public Works)
C. The applicant shall submit a revised Screening/Landscape Plan for review and approval by
the Department of Planning Services. The size and/or height of the landscaping materials
shall be delineated on the map and a landscape maintenance plan shall be provided.
(Department of Planning Services)
D. An On -Site Wastewater Treatment System (OWTS) is required for the proposed facility and
shall be installed according to the Weld County On -Site Wastewater Treatment System
Regulations. (Department of Public Health and Environment)
E. A letter signed by the property owner requesting that USR-617 be vacated shall be provided
to the Department of Planning Services. (Department of Planning Services)
USR19-0037 — Carver Landscape Company
Page 5
F. The plat shall be amended to delineate the following:
1. All sheets of the map shall be labeled USR19-0037 (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. 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 vendors, customers and/or
employees. (Department of Planning Services)
9. County Road 29 is designated on the Weld County Functional Classification Map as
an arterial road, which in this location requires 100 feet of right-of-way. If the right-of-
way cannot be verified it shall be dedicated. 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 future right-of-way. (Department of Public Works)
10. 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 recording the USR map. (Department of
Public Works)
11. Show and label the approved tracking control on the site plan. For access to paved
roads, tracking control devices can be double cattle guards with 100 ft. of asphalt or
300 ft of asphalt. (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. 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)
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)
USR19-0037 — Carver Landscape Company
Page 6
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
maps@co.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 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)
USR19-0037 — Carver Landscape Company
Page 7
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Carver Landscape Company
USR19-0037
1. A Site Specific Development Plan and Use by Special Review Permit, USR19-0037, for use permitted
as a Use by Right, an Accessory Use, or a Use by Special Review in the Commercial or industrial zone
districts (office, shop, vehicle and equipment storage and storage of landscaping material associated
with a landscape business) provided that the property is not a Lot in an approved or recorded
subdivision plat or lots parts of a map or plan filed prior to adoption of any regulations controlling
subdivisions 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 7:00 a.m. - 5:00 p.m. Monday— Sunday. (Department of Planning Services)
4. The number of on -site employees shall be limited to six (6) full-time employees and six (6) seasonal
employees as stated in the application materials. (Department of Planning Services)
5. The maximum number of business vehicles parked on -site at any one time shall be limited to four pick
up (4) trucks, five (5) skid steers and five (5) trailers. (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 and proposed landscaping and screening on the site shall be maintained. (Department of
Planning Services)
9. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, Section 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, Section 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 facility 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. Adequate drinking, handwashing and toilet facilities shall be provided for employees of the facility, at
all times. Any septic system located on the property must comply with all provisions of the Weld County
Code, pertaining to Onsite Waste Water Treatment Systems. (Department of Public Health and
Environment)
14. A permanent, adequate water supply shall be provided for drinking and sanitary purposes. (Department
of Public Health and Environment)
USR19-0037 — Carver Landscape Company
Page 8
15. This 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)
16. 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)
17. 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)
18. 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)
19. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Department of Public Works)
20. 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)
21. The Property Owner shall comply with all requirements provided in the executed Road Maintenance
Agreement. (Department of Public Works)
22. The Road Maintenance Agreement for this site may be reviewed on an annual basis, including a site
visit and possible updates. (Department of Public Works)
23. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Public
Works)
24. Weld County is not responsible for the maintenance of onsite drainage related features. (Department
of Public Works)
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 may 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 has 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.
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)
29. 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)
USR19-0037 — Carver Landscape Company
Page 9
30. 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)
31. 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.
32. 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 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
USR19-0037 — Carver Landscape Company
Page 10
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.
USR19-0037 — Carver Landscape Company
Page 11
June 18, 2019
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
CARVER TIM
PO BOX 459
WINDSOR, CO 80550
Subject: USR19-0037 - A Site Specific Development Plan and Use by Special Review Permit for use
permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the Commercial or
industrial zone districts (office, shop, vehicle and equipment storage and storage of landscaping material
associated with a landscape business) provided that the property is not a Lot in an approved or
recorded subdivision plat or lots parts of a map or plan filed prior to adoption of any regulations
controlling subdivisions in the A (Agricultural) Zone District.
On parcel(s) of land described as:
LOT A REC EXEMPT RE -670, PART W2NW4 SECTION 16, T7N, R66W OF THE 6TH P.M., WELD
COUNTY, COLORADO.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on July 16, 2019, at 12:30 p.m.
A subsequent hearing with the Board of County Commissioners will be held on August 7, 2019 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.weldcountyplanninqcases.orq
If you have any questions concerning this matter, please call.
Respectfully,
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
April 30, 2019
CARVER TIM
PO BOX 459
WINDSOR, CO 80550
Subject: USR19-0037 - A Site Specific Development Plan and Use by Special Review Permit for use
permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the Commercial or
industrial zone districts (office, shop, vehicle and equipment storage and storage of landscaping material
associated with a landscape business) provided that the property is not a Lot in an approved or
recorded subdivision plat or lots parts of a map or plan filed prior to adoption of any regulations
controlling subdivisions in the A (Agricultural) Zone District.
On parcel(s) of land described as:
LOT A REC EXEMPT RE -670, PART W2NW4 SECTION 16, T7N, 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:
Severance at Phone Number 970-686-1218
Ault at Phone Number 970-834-2844
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,
Chris Gathman
Planner
FIELD CHECK inspection dates: 7/6/2019
APPLICANT: Tim Carver — Carver Landscape Company Inc.
CASE #: USR19-0037
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR ANY USE PERMITTED AS A USE BY RIGHT, AN
ACCESSORY USE, OR A USE BY SPECIAL REVIEW IN THE
COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS (OFFICE, SHOP,
VEHICLE AND EQUIPMENT STORAGE AND STORAGE OF
LANDSCAPING MATERIAL ASSOCIATED WITH A LANDSCAPE
BUSINESS) PROVIDED THAT THE PROPERTY IS NOT A LOT IN AN
APPROVED OR RECORDED SUBDIVISION PLAT OR LOTS PARTS OF A
MAP OR PLAN FILED PRIOR TO ADOPTION OF ANY REGULATIONS
CONTROLLING SUBDIVISIONS IN THE A (AGRICULTURAL) ZONE
DISTRICT.
LEGAL: Lot A of Recorded Exemption RE -670; Part of the W2NW4 of Section 16, T7N, R66W of
6th PM, Weld County, Colorado
LOCATION: East of and adjacent to County Road 29 and approximately 0.5 mile north of County Road
80.
PARCEL ID #s: 0707-16-0-00-052
ACRES:
+/- 6.05 acres
Zoning
Land Use
N
A
N
Rural Residential Parcel
E
A
E
Cropladn
S
A
S
SF residence
W
A
W
Existing feedlot to NW
COMMENTS:
Existing outbuilding and landscape storage area on parcel.
V4 G.��1, ln,kr
Chris Gathman - Planner III
Hello