HomeMy WebLinkAbout20191667Planner:
Applicant:
Request:
Legal
Location:
Size of Parcel:
LAND USE APPLICATION
SUMMARY SHEET
Angela Snyder
Hearing Date: April 2, 2019
Wheeler 2014 Revocable Trust do John & Patricia Wheeler, Trustees
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 Permit in
the Commercial or Industrial Zone Districts (contractor shop) 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.
Lot A of Recorded Exemption RE -3201, being a part of the S2NW4 of Section 33, T1 N,
Description:
East of and adjacent to County Rd 17, approximately 0.4 miles south of County Rd 4
± 3 acres Parcel No. 1469-33-2-00-024
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:
y
Weld County Zoning Compliance, referral dated December 18, 2018
City of Northglenn, referral dated December 20, 2019
Weld County Department of Public Health and Environment, referral dated January 14, 2019
Weld County Department of Public Works, referral dated January 16, 2019
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
y Weld County Sheriff's Office, referral dated December 20, 2018
Brighton Fire District Response, referral dated January 14, 2019
The Department of Planning Services' staff has not received responses from the following agencies:
"t/ "t/ "t/ "t/ "t/ "t/ "t/
Adams County
City of Brighton
City of Dacono
City of Thornton
Weld County Building Inspection
Weld County School District RE -8
West Adams Conservation District
USR18-0128 — Wheeler 2014 Revocable Trust
Page 1
Planner:
Applicant:
Request:
Legal
Location:
Size of Parcel:
Case Summary:
Angela Snyder
SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
Hearing Date: April 2, 2019
Wheeler 2014 Revocable Trust do John and Patricia Wheeler, Trustees
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 Permit in
the Commercial or Industrial Zone Districts (contractor shop) 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.
Lot A of Recorded Exemption RE -3201, being a part of the S2NW4 of Section 33, T1 N,
Description:
East of and adjacent to County Rd 17, approximately 0.4 miles south of County Rd 4
± 3 acres Parcel No. 1469-33-2-00-024
The request is to operate a contractor shop, Wheeler's Plumbing Heating Cooling Corporation, from an
outbuilding on the property of John and Patricia Wheeler. The business is family owned and operated. They
will store two commercial vehicles and maintain an office in the pole barn/garage. Typical hours will be 8:00
am to 5:00 pm Monday through Friday with occasional emergency calls. There are currently three (3) full
time owners, two (2) full-time employees and one (1) part-time employee. Only one owner and the part-
time employee will work onsite. The other employees and owners will be picking up and dropping off work
vans or working elsewhere. There are no plans to expand the business beyond eighteen (18) employees,
with onsite employees being limited to three (3). There will be up to fourteen (14) outdoor parking spaces
and the garage can hold four (4) vehicles. Traffic is expected to be no more than eighteen (18) passenger
round trips and twelve (12) commercial van trips per working day. No fencing or screening is proposed as
all the neighbors have consented to the business carrying on as it has been. The portable toilet for the
office is screened from rights -of -way.
The site is currently in violation (ZCV18-00211) of Chapter 23 of the Weld County Code. The violation was
initiated due to the presence of a commercial business without first completing the necessary Weld County
Zoning Permits. This case has been forwarded to the County Attorney's Office; therefore, an investigation
fee was required and paid at the time of application submittal.
If this application is approved by the Board of County Commissioners, Conditions of Approval are met, and
the Use by Special Review map is recorded, it will correct the outstanding violation. If this application is
denied, the case will continue through the County Court process until all but one (1) Commercial Vehicle
(which is allowed as an Accessory Use in the A "Agricultural" Zone District) are removed from the property.
DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE
APPROVED FOR THE FOLLOWING REASONS:
USR18-0128 — Wheeler 2014 Revocable Trust
Page 2
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.
A.Policy 6.2. Support opportunities, such as but not limited to hobby farming and home
businesses, to supplement family income and reduce living expenses for farm families and
others who prefer a rural lifestyle.
The proposal is for a family -owned and operated business. Though Mr. and Mrs. Wheeler
are now retired, their grown children run the business from the home. The Wheeler's are
still part-owners of the company.
The proposed use is in an area that can support this development and the existing
screening, the Development Standards, and the 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.
B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A
(Agricultural) Zone District.
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.
Section 23-3-40.S permits any use permitted as a Use by Right, an Accessory Use or a
Use by Special Review Permit in the Commercial or Industrial Zone Districts 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. Contractor shops
are allowed as a Use by Right in the C-3 (Business Commercial) Zone District) per Section
23-3-230. B.11.
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, a reservoir and rural residences. The closest
residence is about 250 feet to the north.
There are nine (9) USR within one mile of the site: SUP -10 Kennel, USR-1376PV
Landscaping Business, USR-1494 Machine & Welding Shop, USR-980 Meeting Hall, USR-
1077 24 -inch Pipeline, SUP -192 Livestock Confinement Operation, USR12-0022 Storage,
MUSR12-0013 Mineral Resource Support Facility, and USR-589AM2 Natural Gas Facility.
The Weld County Department of Planning Services sent notice to seven (7) Surrounding
Property Owners. Planning staff did not receive correspondence from any however the
applicant submitted signatures of support from all seven with the application.
D. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with future
development of the surrounding area as permitted by the existing zoning and with the future
development as projected by Chapter 22 of the Weld County Code and any other
applicable code provisions or ordinances in effect, or the adopted Master Plans of affected
municipalities.
The site is located within the three (3) mile referral area of the Cities of Brighton, Dacono,
USR18-0128 — Wheeler 2014 Revocable Trust
Page 3
Northglenn and Thornton. The Cities of Dacono, Thornton and Brighton did not return
referral responses. The City of Northglenn, in their referral response dated December 20,
2019, indicated that the area was within their 208 Service Area and the proposal was
consistent with their comprehensive plan.
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, MS4 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 3 acres [High Potential Dry Cropland] per
the 1979 Soil Conservation Service Important Farmlands of Weld County Map. The site is
not irrigated and no prime agricultural land is being taken out of production for this proposal.
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. 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)
B. The plat shall be amended to delineate the following:
1. All sheets of the map shall be labeled USR18-0128 (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 lighting which shall adhere to the Weld County Code.
(Department of Planning Services)
6. 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)
USR18-0128 — Wheeler 2014 Revocable Trust
Page 4
7. County Road 17 is a paved 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)
8. Show and label the approved access location, approved access width and the
appropriate turning radii (60') on the site plan. The applicant must obtain an access
permit in the approved location prior to operation. (Department of Public Works)
9. 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)
10. Show and label the drainage flow arrows. (Department of Public Works)
11. 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 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 prior to
the start of construction. (Department of Public Works)
8. 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)
USR18-0128 — Wheeler 2014 Revocable Trust
Page 5
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Wheeler's Plumbing Heating Cooling Corporation
Wheeler 2014 Revocable Trust
USR18-0128
1. 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 Permit in the Commercial or Industrial Zone
Districts (contractor shop) 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. (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 8:00 a.m. - 5:00 p.m. Monday — Friday. (Department of Planning Services)
4. The number of on -site employees shall be limited to eighteen (18), as stated in the application.
(Department of Planning Services)
5. 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)
6. 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)
7. 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)
8. 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)
9. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Department of Public Works)
10. 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)
11. The Property Owner shall comply with all requirements provided in the executed Road Maintenance
Agreement. (Department of Public Works)
12. 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)
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)
USR18-0128 — Wheeler 2014 Revocable Trust
Page 6
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)
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. 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)
20. A permanent, adequate water supply shall be provided for drinking and sanitary purposes. The existing
well (permit 245188) cannot be used for the business unless it is repermitted to allow commercial use.
(Department of Public Health and Environment)
21. 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)
22. Adequate hand washing, and toilet facilities shall be provided for employees, at all times. For
employees or contractors on site for less than 2 consecutive hours a day, and 2 or less full-time
employees on site, 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 and be screened from public view.
(Department of Public Health and Environment)
23. 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)
24. 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. (Department of Building
Inspection)
25. 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)
26. 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)
27. 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)
USR18-0128 — Wheeler 2014 Revocable Trust
Page 7
28. 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)
29. 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.
30. 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
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.
USR18-0128 — Wheeler 2014 Revocable Trust
Page 8
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.
USR18-0128 — Wheeler 2014 Revocable Trust
Page 9
February 26, 2019
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.weldgov.com
E-MAIL: asnyder@weldgov.com
PHONE: (970) 400-3525
FAX: (970) 304-6498
WHEELER JEREMIAH
526 CR 17
BRIGHTON, CO 80603
Subject: USR18-0128 - 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 Permit in the
Commercial or Industrial Zone Districts (plumbing, heating and air conditioning 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 -3201, PART S2NW4 SECTION 33, T1 N, R67W OF THE 6TH P.M., WELD
COUNTY, COLORADO.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on April 2, 2019, at 12:30 p.m.
A subsequent hearing with the Board of County Commissioners will be held on May 8, 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.weldcountyplanningcases.org
If you have any questions concerning this matter, please call.
Respectfully,
Angela Snyder
Planner
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.weldgov.com
E-MAIL: asnyder@weldgov.com
PHONE: (970) 400-3525
FAX: (970) 304-6498
December 18, 2018
WHEELER JEREMIAH
526 CR 17
BRIGHTON, CO 80603
Subject: USR18-0128 - 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 Permit in the
Commercial or Industrial Zone Districts (plumbing, heating and air conditioning 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:
PART SWNW4 SECTION 33, T1 N, R67W LOT A REC EXEMPT RE -3201 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
Northglenn at Phone Number 303-450-8709
Thornton at Phone Number 303-538-7200
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,
r
Angela Snyder
Planner
FIELD CHECK
Inspection Date: 3/12/2019
Case Number: USR18-0128
Applicant:
Request:
Legal
Description:
Location:
Size of Parcel:
Wheeler 2014 Revocable Trust do John Wheeler, Trustee
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 Permit in the Commercial
or Industrial Zone Districts (contractor shop) 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.
Lot A of Recorded Exemption RE -3201, being a part of the S2NW4 of Section 33, Ti N,
R67W of the 6'" P.M., Weld County Colorado
East of and adjacent to County Rd 17, approximately 0.4 miles south of County Rd 4
3 +/- acres
Parcel Number: 1469-33-2-00-024
Zoning
Land Use
N
A (Agricultural)
N
Ag, Rural Residential, USR-1376PV
Landscaping
E
A (Agricultural)
E
Ag, Rural Residential, Oil and Gas
S
A (Agricultural)
S
Ag, Rural Residential, SUP -10 Kennel
W
A (Agricultural)
W
Ag, Rural Residential, Reservoir
COMMENTS:
The site contains a single-family home, the pole barn for the business and few outbuildings. There
was nothing to be found out of compliance. The portable toilet is screened from the road.
Angela'Snyder, Planne4
Hello