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LAND USE APPLICATION
SUMMARY SHEET
Angela Snyder
USR19-0028
Curtis and Celeste Hurd
4525 Colorado Boulevard, Dacono, CO 80514
Hearing Date: July 16, 2019
A Site Specific Development Plan and Use by Special Review Permit for a Use
Permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the
Commercial or Industrial Zone Districts (commercial CDL driving school) provided that
the property is not a lot in an approved or recorded subdivision plat or lots part of a
map or plan filed prior to adoption of any regulations controlling subdivisions in the A
(Agricultural) Zone District.
Being a part of the SE4NE4 of Section 12, Township 1, Range 68 West of the 6th P.M.,
Weld County, Colorado
East of and adjacent to County Rd 13 (Colorado Blvd), approximately 0.5 miles south
of County Rd 12 (Grand View Blvd)
Size of Parcel: +/- 8.5 acres Parcel Nos. 1467-12-1-00-031
1467-12-1-00-032
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:
City of Dacono, referral dated February 25, 2019
Weld County Zoning Compliance, referral dated April 4, 2019
Longmont Conservation District, referral dated April 9, 2019
Mountain View Fire Protection District, referral dated April 12, 2019
Weld County Department of Public Health and Environment, referral dated April 22, 2019
Central Weld County Water District, referrals dated April 23, 2019 and May 1, 2019
Farmers Reservoir and Irrigation Company, referral dated April 24, 2019
Weld County Department of Public Works, referral dated May 13, 2019
Weld County Building Department, referral dated July 9, 2019
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
Y Town of Erie, referral dated April 4, 2019
Y Town of Frederick, referral dated April 4, 2019
Y Weld County Sheriff's Office, referral dated April 19, 2019
The Department of Planning Services' staff received referral responses from all referred agencies.
Y Saint Vrain Valley School District R1 -J
USR19-0028, Hurd, Page 1 of 12
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SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
Angela Snyder
USR19-0028
Curtis and Celeste Hurd
4525 Colorado Boulevard, Dacono, CO 80514
Hearing Date: July 16, 2019
A Site Specific Development Plan and Use by Special Review Permit for a Use
Permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the
Commercial or Industrial Zone Districts for a Commercial School (CDL driving school)
provided that the property is not a lot in an approved or recorded subdivision plat or
lots part of a map or plan filed prior to adoption of any regulations controlling
subdivisions in the A (Agricultural) Zone District.
Being a part of the SE4NE4 of Section 12, Township 1, Range 68 West of the 6th P.M.,
Weld County, Colorado
East of and adjacent to County Rd 13 (Colorado Blvd), approximately 0.5 miles south
of County Rd 12 (Grand View Blvd)
+/- 8.5 acres Parcel Nos. 1467-12-1-00-031
1467-12-1-00-032
The applicant is requesting a Commercial Driver License (CDL) driving school in the A (Agricultural) Zone
District on two adjacent properties which together are roughly 8.5 acres. The business is Integrity CDL
Academy LLC, which is owned and operated by Bonnie Babcock.
The school owns two (2) semi -trucks with trailers for use in training. Commercial vehicle trips are expected
to be twenty-four (24) per day and personal vehicle trips are expected to be twelve (12) per day. On a
typical day, students spend four (4) hours onsite and four (4) hours offsite. State CDL tests are administered
on Fridays and Saturdays. Hours of operation are Monday through Saturday, 6:30 a.m. to 9:30 p.m. The
business has two (2) full-time employees and three (3) part-time employees. On a site visit on June 19,
2019, eight (8) commercial vehicles could be seen from County Road 13. The request language indicates
only two (2) commercial vehicles would be onsite.
A single -wide manufactured residence located on Parcel Number 1467-12-1-00-032 is being used for the
office. The trailer does not have building permits or a zoning permit. According to the Weld County
Assessor, the structure was placed in 1982, after zoning regulations were implemented. The fire district, in
the April 12, 2019 referral response, indicated concerns in the habitability of the structure. According to the
Building Department referral response, dated July 9, 2019, If the USR is approved, A Change of Use to
commercial office will be required. Accessibility requirements for entrance and bathroom will be a
requirement and verified through building permit.
The site is currently in violation (ZCV19-00009) of Chapter 23 of the Weld County Code for operating a
truck driving school without the required land use permits. This case has not been forwarded to the County
Attorney's Office. If this application is approved by the Board of County Commissioners, Conditions of
USR19-0028, Hurd, Page 2 of 12
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 the school ceases
operation and all but one (1) Commercial Vehicle (which is allowed as an Accessory Use in the Ag Zone
District) are removed from the property.
DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE 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 not shown
compliance with Section 23-2-220 of the Weld County Code as follows:
A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other
applicable code provisions or ordinance in effect.
Section 22-2-20.G.3. A.Policy 7.3. Conversion of agricultural land to urban residential,
commercial and industrial uses should be considered when the subject site is located
inside an Intergovernmental Agreement area, Urban Growth Boundary area, Regional
Urbanization Area or Urban Development Nodes, or where adequate services are currently
available or reasonably obtainable. A municipality's adopted comprehensive plan should
be considered, but should not determine the appropriateness of such conversion.
Section 22-2-30.G Municipal urban growth areas, and uses within these areas, should be
determined through coordination between the County, the participating jurisdiction and the
individual landowner. Development in the area surrounding municipalities requires this type
of coordination, which is achieved, in part, through these methods: the three-mile referral,
Intergovernmental Agreements, a standard quarter -mile County Urban Growth Boundary,
landowner notification and community dialogue. When growth at the municipal/county level
is not coordinated, numerous problems can occur with incompatible adjacent land uses
and violations of private property rights as the most obvious.
The site is adjacent on three sides to the City of Dacono and is within the Intergovernmental
Agreement boundary. Adequate services are readily available. The proposal is not
compatible with the Dacono Comprehensive Plan, which intends this area for residential
uses and related neighborhood commercial uses.
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. Encourage applicants to communicate with those affected by the
proposed land use change through the referral process.
Section 22-2-30.D Conflicts can exist between urban residential development and existing
land uses. Tension may result, not only from impacts to present uses, but also from
resistance to change and growth. It is important that the County recognize its ability to
reduce conflicts between urban development and other uses when implementing land use
policies. Because of the complexities associated with urban development and the
increased impacts to surrounding properties, scrutiny of new urban development proposals
is essential to address issues associated with urban development.
A commercial driving school is an industrial use, according to Chapter 23 of the Weld
County Code, permittable at the time of application with a site plan in Zone 1-3 (Industrial)
and with a Use by Special Review permit in Zones 1-2 (Industrial) and A (Agriculture). The
school operates commercial vehicles on courses that come within one hundred (100) feet
of three (3) neighboring residences not associated with the business. The properties
USR19-0028, Hurd, Page 3 of 12
adjacent to the west and south have been annexed to Dacono and are expected to become
residential developments within the near future.
The proposed use is not in an area that can support this development.
B. Section 23-2-220.A.3 -- The uses which will be permitted will not be compatible with the
existing surrounding land uses.
A commercial driving school is an industrial use, according to Chapter 23 of the Weld
County Code, permittable at the time of application with a site plan in Zone 1-3 (Industrial)
and with a Use by Special Review permit in Zones 1-2 (Industrial) and A (Agriculture). The
school operates commercial vehicles on courses that come within one hundred (100) feet
of three (3) neighboring residences not associated with the business. The properties
adjacent to the west and south have been annexed to Dacono and are expected to become
residential developments within the near future.
Notification of the proposal was sent to eight (8) surrounding property owners. A response
was received from an adjacent property owner indicated concerns related to incompatibility
with the Dacono IGA and comprehensive plan, dust, traffic, noise, and property
devaluation.
C. 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 City of Dacono and the
Towns of Erie and Frederick. The Towns of Erie and Frederick, in their referral comments,
dated April 4, 2019 indicated no concerns. The City of Dacono requested an executed pre -
annexation agreement be in place prior to approval in compliance with the
Intergovernmental Agreement.
D. Section 23-2-220.A.5 -- The application complies with Chapter 23, Articles V and XI, of the
Weld County Code.
The site is located within the Intergovernmental Agreement (IGA) area for the City of
Dacono and surrounded on three sides by the municipality. The City was notified of the
application and returned a response dated February 25, 2019 indicating that the
municipality was interested in pursuing annexation of the property. According to Weld
County Code Section 19-2-60.C.2, Weld County shall require an executed annexation
agreement.
Section 19-2-60.C.2 states the following: An essential purpose of this Agreement is to
ensure that urban development will occur only within the limits of the applicable
MUNICIPALITY or in areas which are eligible for annexation to such MUNICIPALITY.
Therefore, as a condition of approval of any rezoning, planned unit development,
subdivision or use by special review for any commercial or industrial use pursuant to
Section 31.4.18 of the Weld County Zoning Ordinance #89 (renumbered as Section 23-3-
40 R of this Code), contained in Appendix 19-D, the COUNTY shall require that there be
executed annexation agreement between the applicant and the MUNICIPALITY which
requires the owners to annex the property to the MUNICIPALITY upon the terms and
conditions and within the time stated in the agreement. No such agreement shall be
required in the case of a recorded exemption, subdivision exemption or use by special
review for oil and gas wells.
USR19-0028, Hurd, Page 4 of 12
It was inferred from the referral response that the proposed use does not comply with the
Comprehensive Plan, which indicated the property is located within the Multi -Generational
Living District. The Dacono Forward Comprehensive Plan (2017) states, "Homes of varying
sizes and densities will be co -located so that extended families can live independently, yet
in the same neighborhood community. Supporting uses may include small providers; and
/ or accessory units to primary residences, support entrepreneurial employment endeavors
and encore careers or dwelling units for related family members."
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Section 19-2-60.A states the following: If one (1) or more of the municipalities submits a
recommendation or objection, the County will either include within its written decision the
reasons for any action taken contrary to the same or furnish such reasons to the applicable
municipality or municipalities by a separate writing.
Section 19-2-60.C.8 states the following: If a municipality's objection to or recommendation
of disapproval of a Development proposal is based upon a conflict or incompatibility between
proposed uses in the Development and the municipality's anticipated zoning classification for
the property, the County will not approve same unless, in the County's judgment:
a) such conflict or incompatibility is unlikely to occur:
b) that suitable mitigation measures to be imposed by the County as conditions of
approval will eliminate or adequately mitigate adverse consequences of
incompatibility or conflict; or
c) the municipality's anticipated zoning classification of the property is unreasonable
because of existing uses of adjacent property.
The municipality shall be given notice of, and may appear and be heard at, any hearing or
other proceeding at which the County will consider such issues.
Staff does find that incompatibility and conflicts are already occurring at this location. Staff
finds that mitigation measures may be unlikely to address adverse consequences of
incompatibility. Adjacent properties are being used for rural residential homes and
USR19-0028, Hurd, Page 5 of 12
agricultural production. However, the adjacent agricultural properties to the south and west
have been annexed into the City of Dacono with R-2 (Residential) and PUD (Planned Unit
Development) zoning indicating high density residential development is likely in the near
future.
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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 approve this proposal, the Department of Planning Staff recommends
that the approval be conditional upon the following:
1. Prior to recording the map:
A. The applicant shall submit a copy of an executed annexation agreement between the
applicant and the City of Dacono to the Department of Planning Services. (Department of
Planning Services)
B. The applicant shall address the requirements (concerns) of the Weld County Department of
Building Inspection, as stated in the referral response dated July 9, 2019. Evidence of such
shall be submitted, in writing, to the Weld County Department of Planning Services.
(Department of Building Inspection)
C. The applicant shall address the concerns of the Mountain View Fire Protection District, as
stated in the referral response dated April 19, 2019. Evidence of such shall be submitted, in
writing, to the Weld County Department of Planning Services. (Department of Planning
Services)
D. The applicant shall address the requirements of the Farmers Reservoir and Irrigation
Company, as stated in the referral response dated April 24, 2019. Evidence of such shall be
submitted, in writing, to the Weld County Department of Planning Services. (Department of
Building Inspection)
USR19-0028, Hurd, Page 6 of 12
E. A Landscape and Screening Plan that complies with Weld County Code, Chapter 19, Article
III - Dacono, Firestone and Frederick Procedures and Design Standards shall be submitted
to and approved by the Department of Planning Services. (Department of Planning Services)
F. A Lighting Plan shall be submitted to and approved by the Department of Planning Services.
(Department of Planning Services)
G. The map shall be amended to delineate the following:
1. All sheets of the map shall be labeled USR19-0028 (Department of Planning Services)
2. The attached Development Standards. (Department of Planning Services)
3. The map shall be prepared in accordance with Section 19-3 10 et seq. and 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 in accordance with the
approved Landscape and Screening Plan. (Department of Planning Services)
6. The map shall delineate the lighting in accordance with the approved Lighting Plan.
(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 customers and/or employees.
(Department of Planning Services)
9. County Road 13 is a gravel road and is designated on the Weld County Functional
Classification Map as an arterial road which requires 140 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. (Department of Public Works)
10. The western half of County Road 13 is under the jurisdiction of the City of Dacono.
Please contact the municipality to verify the right-of-way on their half. Show and label
the right-of-way. Show the approved access(es) on the site plan and label with the
approved access permit number if applicable. (Department of Public Works)
11. Show and label the approved tracking control on the site plan. (Department of Public
Works)
12. Show and label the drainage flow arrows. (Department of Public Works)
13. Show and label the parking and traffic circulation flow arrows showing how the traffic
moves around the property. (Department of Public Works)
2. Upon completion of Condition of Approval #1 above, the applicant shall submit one (1) electronic
copy (.pdf) of the map for preliminary approval to the Weld County Department of Planning
Services. Upon approval of the map the applicant shall submit a Mylar map along with all other
documentation required as Conditions of Approval. The Mylar map shall be recorded in the office
USR19-0028, Hurd, Page 7 of 12
of the Weld County Clerk and Recorder by the Department of Planning Services. The map shall
be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code.
The Mylar map and additional requirements shall be submitted within one hundred twenty (120)
days from the date of the Board of County Commissioners Resolution. The applicant shall be
responsible for paying the recording fee. (Department of Planning Services)
3. In accordance with Weld County Code Ordinance #2012-3, approved April 30, 2012, should the
map not be recorded within the required one hundred twenty (120) days from the date of the Board
of County Commissioners Resolution, a $50.00 recording continuance charge shall be added for
each additional three (3) month period. (Department of Planning Services)
4. The Use by Special Review Permit 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)
USR19-0028, Hurd, Page 8 of 12
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Integrity CDL Academy LLC
Curtis and Celeste Hurd
USR19-0028
1. A Site Specific Development Plan and Use by Special Review Permit, USR19-0028, fora Use Permitted
as a Use by Right, an Accessory Use, or a Use by Special Review in the Commercial or Industrial Zone
Districts for a Commercial School (CDL driving school) provided that the property is not a lot in an
approved or recorded subdivision plat or lots part of a map or plan filed prior to adoption of any
regulations controlling subdivisions 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. - 7:00 p.m., Monday - Saturday. (Department of Planning
Services)
4. The number of on -site employees shall be no more than five (5). (Department of Planning Services)
5. The number of commercial vehicles on the site shall be no more than two (2). (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 in accordance
with the approved Landscape and Screening Plan. (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 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. The facility shall adhere to the maximum permissible noise levels allowed in the Residential Zone as
delineated in 25-12-103 C.R.S. (Department of Public Health and Environment)
14. Adequate drinking, hand -washing and toilet facilities shall be provided for employees, at all times. 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)
USR19-0028, Hurd, Page 9 of 12
15. Any additional hydraulic load to the existing septic system will require an Evaluation from a Colorado
Registered Professional Engineer. The engineer's evaluation shall be submitted to the Weld County
Environmental Health Department. In the event the system is found to be inadequate, the system must
be brought into compliance with current Weld County On -site Wastewater Treatment System
Regulations. (Department of Public Health and Environment)
16. A permanent, adequate water supply shall be provided for drinking and sanitary purposes. (Department
of Public Health and Environment)
17. 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)
18. 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)
19. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Public
Works)
20. Weld County is not responsible for the maintenance of onsite drainage related features. (Department
of Public Works)
21. Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties where
such would cause a nuisance or interfere with the use on the adjacent properties in accordance with
the plan. 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)
22. 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)
23. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code.
24. 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.
25. 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.
26. 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.
USR19-0028, Hurd, Page 10 of 12
27. 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.
28. 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.
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
USR19-0028, Hurd, Page 11 of 12
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.
USR19-0028, Hurd, Page 12 of 12
June 12, 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
BABCOCK BONNIE
555 HOLLY ST
HUDSON, CO 80642
Subject: USR19-0028 - A Site Specific Development Plan and Use by Special Review Permit for a Use
Permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the Commercial or
Industrial Zone Districts (commercial CDL driving school) provided that the property is not a lot in an
approved or recorded subdivision plat or lots part of a map or plan filed prior to adoption of any
regulations controlling subdivisions in the A (Agricultural) Zone District.
On parcel(s) of land described as:
PART SE4NE4 SECTION 12, LYING EAST OF C/L BULL CANAL T1 N, R68W 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 14, 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, fp/
f {
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
April 03, 2019
BABCOCK BONNIE
555 HOLLY ST
HUDSON, CO 80642
Subject: USR19-0028 - A Site Specific Development Plan and Use by Special Review Permit for a Use
Permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the Commercial or
Industrial Zone Districts (commercial CDL driving school) provided that the property is not a lot in an
approved or recorded subdivision plat or lots part of a map or plan filed prior to adoption of any
regulations controlling subdivisions in the A (Agricultural) Zone District.
On parcel(s) of land described as:
PART SE4NE4 SECTION 12, T1 N, R68W LYING EAST OF C/L BULL CANAL 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:
Dacono at Phone Number 303-833-2317
Frederick at Phone Number 720-382-5500
Erie at Phone Number 303-926-2700
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,
Angela Snyder
Planner
FIELD CHECK
Inspection Date: 6/19/2019
Planner: Angela Snyder Hearing Date: July 16, 2019
Case Number: USR19-0028
Applicant: Curtis and Celeste Hurd
Address: 4525 Colorado Boulevard, Dacono, CO 80514
Request: A Site Specific Development Plan and Use by Special Review Permit for a Use
Permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the
Commercial or Industrial Zone Districts for a Commercial School (CDL driving school)
provided that the property is not a lot in an approved or recorded subdivision plat or
lots part of a map or plan filed prior to adoption of any regulations controlling
subdivisions in the A (Agricultural) Zone District.
Legal Being a part of the SE4NE4 of Section 12, Township 1, Range 68 West of the 6'h P.M.,
Description: Weld County, Colorado
Location: East of and adjacent to County Rd 13 (Colorado Blvd), approximately 0.5 miles south
of County Rd 12 (Grand View Blvd)
Size of Parcel: +1- 8.5 acres
Parcel Nos. 1467-12-1-00-031
1467-12-1-00-032
Zoning
Land Use
N
A (Agricultural)
N
Rural Residential
E
City of Dacono (PUD),
A (Agricultural)
E
Ag
S
City of Dacono (PUD)
S
Ag
W
City of Dacono (R-2)
W
Ag
COMMENTS:
There are several homes that back to the property. The business was operational. There were at
least 8 commercial vehicles and 4 personal vehicles on site. Two trucks were being driven around
the property and they were creating dust and noise. Though residential developments are planned
for the west and the south, no indication of homes being built was seen. The property is very hilly.
The driving course goes up and down the hill, but is mostly in the valley.
t.
Angela!Snyder, Planne?
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