HomeMy WebLinkAbout20190472.tiffPlanner:
Case Number:
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Michael Hall
USR18-0082
Ben and Amy Totems
LAND USE APPLICATION
SUMMARY SHEET
Hearing Date: January 15, 2018
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 (manufacturing and woodworking including tiny
homes, wood and metal trusses, cabinets and pipeline assembly, outdoor storage, and
automotive repair and restoration) 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.
Lot A of Recorded Exemption RE -4282; being a part of the SW4 of Section 20, T1 N,
R67W of the 6th P.M., Weld County, CO
East of and adjacent to County Road 15; approximately 0.21 miles north of County
Road 6
Size of Parcel: +1- 4.52 acres Parcel No. 1469-20-3-00-030
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:
Mountain View Fire Rescue, referral dated, August 21, 2018
Y Weld County Zoning Compliance, referral dated August 14, 2018
Y Weld County Department of Public Works, referral dated September 4, 2018
Y Weld County Department of Public Health and Environment, referral dated September 5, 2018
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
City of Northglenn, referral dated August 13, 2018
City and County of Broomfield, referral dated August 14, 2018
Weld County School District RE -8, referral dated August 10, 2018
The Department of Planning Services' staff has not received responses from the following agencies:
▪ City of Dacono
▪ Mountain View Water District
▪ West Adams Conservation District
▪ Weld County Department of Building Inspection
USR18-0082 - Totems
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Planner:
Case Number:
Owner:
Request:
Legal
Description: R67W of the 6th P.M., Weld County, CO
Michael Hall
USR18-0082
Ben and Amy Totems
SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
Hearing Date: January 15, 2018
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 (manufacturing and woodworking including tiny
homes, wood and metal trusses, cabinets and pipeline assembly, outdoor storage, and
automotive repair and restoration) 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.
Lot A of Recorded Exemption RE -4282: being a part of the SW4 of Section 20, TIN,
Location:
East of and adjacent to County Road 15: approximately 0.21 miles north of County
Road 6
Size of Parcel: +1- 4.52 acres Parcel No. 1469-20-3-00-030
Case Summary:
The applicant is requesting a Site Specific Development Plan and Use by Special Review Permit for a
manufacturing and woodworking business including tiny homes, wood and metal trusses, cabinets and
pipeline assembly, an automotive repair and restoration business and associated outdoor storage on a
4.52 acre parcel. These stated commercial activities will be conducted as necessary, depending on
business need.
An existing 4,750 square -feet steel building and a proposed 2,375 square -feet addition will be used for
the business. One -quarter of the building will be used for the commercial operation including an office and
a work area for manufacturing and woodworking component and the automotive repair and restoration
component. All noise producing equipment such as saws, compressors and machinery will be located
inside the structure. No welding, torching or automotive painting will occur. The building includes two (2)
floor drains for water. Automotive waste and hazardous materials will be collected and disposed in
accordance with current regulations. Any dust or other solid waste and trash will be contained and
properly disposed. Three-quarters of the building will be used for personal storage, vehicles, livestock,
feed and agricultural equipment. The business portion of the building will be separated from the personal
portion by a firewall. Approximately 10,000 square -feet of the parcel is gravel and is used for an outdoor
parking and storage area for tiny homes, trusses, repaired vehicles, pipes, and other manufactured
products. No landscaping or screening for the business is proposed but is recommended by Planning
staff. No lighting, signage, gates, or additional access points or on -site fuel storage is proposed.
The hours of operation of the business are 7:00 am to 6:00 pm, Monday thru Saturday and there will be
two (2) full-time and four (4) part-time employees. No public access will occur. Ten (10) passenger vehicle
roundtrips per day and approximately five (5) semi -trucks per week are anticipated for the operation. 90%
of the traffic will access the site from the south on County Road 15 where County Road 15 intersects
County Road 6.
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The site is currently in violation (ZCV18-00105) of Chapter 23 of the Weld County Code for not having the
necessary land use permits before operating a commercial business. This case has not been forwarded
to the County Attorney's Office.
If this application is approved by the Board of County Commissioners, it will correct the outstanding
violation. If this application is denied, the Department of Planning Services asks that the Board refer this
case to the County Attorney's Office for legal action, but to delay legal action for thirty (30) days to
remove all but one (1) Commercial Vehicle and all associated commercial storage and operations from
the property.
DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE
APPROVED FOR THE FOLLOWING REASONS:
1. The submitted materials are in compliance with the application requirements of Section 23-2-260
of the Weld County Code.
2. It is the opinion of the Department of Planning Services' staff that the applicant has shown
compliance with Section 23-2-220 of the Weld County Code as follows:
A. Section 23-2-220.A.1. -- The proposed use is consistent with Chapter 22 and any other
applicable code provisions or ordinance in effect.
Section 22-2-20.G.2. - A.Policy 7.2. states, "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.
Productive agricultural activities are not readily supported on this parcel because of the
small lot size. A new residence is currently being constructed on -site. As a smaller
recorded exemption lot, the residential use is appropriate. The commercial use is
appropriate because it is located in the southwest portion of the County which is rapidly
developing and there are numerous nearby commercial businesses. The business is
compatible if the use is screened from adjacent residential uses to the north and County
Road 15 to the west. Additionally, the property is in a rural area but has easy access to
transportation networks with Interstate -25, approximately three (3) miles to the west and
the Adams -Weld County line approximately two (2) miles to the south. Furthermore, the
operation provides a wide range of commercial services to the growing areas of
southwestern Weld County and the northern Denver Metro area.
Section 22-2-20.F.2 - A.Policy 6.2. states, "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."
This business is owned and operated by the property owners and is supplementary
source of income. The owners intend to keep the business small and efficient, so they
can stay on the site for many years and preserve the rural residential lifestyle.
Section 22-2-20.H. - A.Goal 8. States, "Ensure that adequate services and facilities are
currently available or reasonably obtainable to accommodate the requested new land use
change for more intensive development."
Water and septic service are provided to the property. Mountain View Water Users
Association of Adams County (tap #374) provides water service to the property for
residential purposes and cannot be used for commercial purposes. A septic system (SP -
1900099) sized for four (4) bedrooms provides sewage disposal. The business will be
served by a portable toilet and bottled water will be provided for employees when they
are at the site which is acceptable according to Environmental Health policy.
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B. Section 23-2-220.A.2. -- The proposed use is consistent with the intent of the A
(Agricultural) Zone District.
Section 23-3-10. - Intent, of the Weld County Code 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." This code section allows the applicant to apply for a Use by
Special Review permit for the subject business which is more intense than Uses Allowed
by Right.
Section 23-3-40.S. - Uses by special review, of the Weld County Code allows, "Any use
permitted as a Use by Right, an Accessory Use, or a Use by Special Review 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." This code section allows the applicant to
apply for a USR for a commercial/industrial operation as the site is not located within a
subdivision.
C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the
existing surrounding land uses.
The surrounding lands consist of farmland, rural residences, and commercial businesses.
There are six (6) properties immediately adjacent to the site; two (2) with residences
located on them. The applicant does not own any other contiguous land; however, the
applicant's family members own three (3) of the six (6) adjacent parcels. The closest
residence from the business area is approximately 700 feet to the south and is owned by
the applicant's family members.
The Weld County Department of Planning Services sent notice to six (6) surrounding
property owners within 500 -feet of the proposed USR boundary. No responses were
received back. The applicants sent notice of a community meeting to surrounding
property owners. A neighborhood meeting was held on July 6, 2018 at 6:00 pm at their
shop which was attended by three (3) individuals as noted in the attendance sheet in the
application materials. No meeting minutes were submitted.
There are three (3) USRs within one mile of this site. USR-1669 for truck parking is to the
west. USR17-0009 for outdoor storage including RVs, trucks and vehicles is to the east.
USR-1261 for a kennel (150 dogs, 40 cats) is to the east. Beyond one mile, USRs include
mineral resource development facilities, truck parking and truck repair businesses,
kennels, compressor stations, construction and material storage businesses, horse sales,
show and training facilities and fertilizer processing facilities.
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.
This site is located within the three (3) mile referral area of the City of Dacono, City of
Northglenn, and City and County of Broomfield. The City of Dacono municipal limits are
located directly northwest of the parcel, west of County Road 15. The Northglenn and
Broomfield referral responses, dated August 13 and August 14, 2018, stated no
concerns. No response was received from Dacono.
The site is not located in a Coordinated Planning Agreement (CPA), Intergovernmental
Agreement (IGA), Regional Urbanization Area (RUA) or Urban Growth Boundary (UGB)
of a municipality.
USR18-0082 - Totems
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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 A -P (Airport) Overlay District, Geologic Hazard Overlay
District, a Special Flood Hazard Area or MS4 area.
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 site contains soils designated as "Prime (Irrigated) - Farmlands of National
Importance." The subject property is not currently used for agricultural purposes and the
USR will not further remove any active farm ground from production. Due to the small
size of the property and being located in an area that has been split by multiple recorded
exemptions, it is not suitable for agricultural production.
G. Section 23-2-220.A.7 -- There is adequate provisions for the protection of the health,
safety, and welfare of the inhabitants of the neighborhood and County.
The Design Standards (Section 23-2-240, Weld County Code), Operation Standards
(Section 23-2-250, Weld County Code), Conditions of Approval and Development
Standards can ensure that there are adequate provisions for the protection of health,
safety, and welfare of the inhabitants of the neighborhood and County.
This recommendation is based, in part, upon a review of the application materials submitted by the
applicant, other relevant information regarding the request, and responses from referral entities.
The Department of Planning Services' staff recommendation for approval is conditional upon the
following:
1. Prior to recording the map:
A. The applicant shall submit a Landscape and Screening Plan for review and approval by the
Department of Planning Services. The outdoor storage area shall be screened from adjacent
residences and County Road 15 by an opaque fence or combination of fence and
landscaping. (Department of Planning Services)
B. The applicant shall address the requirements of the Mountain View Fire Rescue regarding
water supply for fire protection, as stated in the referral response dated August 21, 2018.
Evidence of such shall be submitted in writing to the Weld County Department of Planning
Services. (Department of Planning Services)
C. The on -site wastewater treatment system permitted as SP -1800099 must receive final
approval from Environmental Health Services. (Department of Public Health and
Environment)
D. An Improvements and Road Maintenance Agreement is required for off -site improvements at
this location. Road maintenance includes, but is not limited to, dust control and damage
repair to specified haul routes. The Agreement shall include provisions addressing
engineering requirements, submission of collateral, and testing and approval of completed
improvements. (Department of Public Works)
USR18-0082 - Totems
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E. A Final Drainage Report and Certification of Compliance stamped and signed by a
Professional Engineer registered in the State of Colorado is required. (Department of Public
Works)
F. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR18-0082. (Department of Planning
Services)
2) The attached Development Standards. (Department of Planning Services)
3) The map shall be prepared per Section 23-2-260.D of the Weld County Code.
(Department of Planning Services)
4) Show and label the areas for commercial storage/parking and employee parking.
(Department of Planning Services)
5) Show and label the approved landscaping and screening. (Department of Planning
Services)
6) Show and label the location of the portable toilets. (Department of Planning Services)
7) Show and label the location of the trash collection areas. Section 23-3-250.A.6. of the
Weld County Code addresses the issue of trash collection areas. (Department of
Planning Services)
8) If applicable, signs shall be shown on the map and shall adhere to Chapter 23, Article
IV, Division 2, Section 23-2-240.A.12 and Appendices 23-C, 23-D and 23-E of the
Weld County Code. (Department of Planning Services)
9) If applicable, the map shall delineate the lighting. All lighting shall be shielded so that
light rays will not shine directly onto adjacent properties in accordance with the Dark
Sky Standard. (Department of Planning Services)
10) If applicable, setback radiuses for existing oil and gas tank batteries and wellheads
shall be indicated on the map per the setback requirements of 23-3-50.E of the Weld
County Code. (Department of Planning Services)
11) Show and label all recorded easements and rights -of -way on the map by book and
page number or reception number. (Department of Planning Services)
12) County Road 15 is a gravel road and is designated on the Weld County Functional
Classification Map as a local road which requires 60 feet of right-of-way at full
buildout. The applicant shall delineate on the site plan the existing right-of-way. All
setbacks shall be measured from the edge of right-of-way. This road is maintained by
Weld County. (Department of Public Works)
13) 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 construction. (Department of Public Works)
14) Show and label the approved tracking control on the site plan. (Department of Public
Works)
15) If applicable, show and label the entrance gate. 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)
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16) The applicant shall show the drainage flow arrows. (Department of Public Works)
17) Show and label the parking and traffic circulation flow arrows showing how the traffic
moves around the property. (Department of Public Works)
2. Upon completion of Condition of Approval #1 above, the applicant shall submit one (1) electronic
copy (.pdf) of the map for preliminary approval to the Weld County Department of Planning
Services. Upon approval of the map the applicant shall submit a Mylar map along with all other
documentation required as Conditions of Approval. The Mylar map shall be recorded in the office
of the Weld County Clerk and Recorder by the Department of Planning Services. The map shall
be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County
Code. The Mylar map and additional requirements shall be submitted within one hundred twenty
(120) days from the date of the Board of County Commissioners Resolution. The applicant shall
be responsible for paying the recording fee. (Department of Planning Services)
3. In accordance with Weld County Code Ordinance #2012-3, approved April 30, 2012, should the
map not be recorded within the required one hundred twenty (120) days from the date of the
Board of County Commissioners Resolution, a $50.00 recording continuance charge shall 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 one (1) acre is to be disturbed, a Weld County Grading Permit will be required.
(Department of Public Works)
6. The Use by Special Review activity shall not occur, nor shall any building or electrical permits be
issued on the property, until the Use by Special Review 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)
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Ben and Amy Totems
USR18-0082
1. A Site Specific Development Plan and Use by Special Review Permit, USR18-0082, 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 (manufacturing and woodworking including tiny homes, wood and
metal trusses, cabinets and pipeline assembly, outdoor storage, and automotive repair and
restoration) 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. (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 of the business is 7:00 am to 6:00 pm, Monday thru Saturday.
(Department of Planning Services)
4. The operation is limited to two (2) full-time and four (4) part-time employees. (Department of
Planning Services)
5. The operation is limited to ten (10) passenger vehicle roundtrips per day and ten (10) semi -trucks
per week. (Department of Planning Services)
6. The outdoor storage and parking area on the site shall be maintained. (Department of Planning
Services)
7. No finished product including but not limited to tiny homes, trusses and repaired vehicles shall
remain on -site for more than sixty (60) days. (Department of Planning Services)
8. The site shall be maintained in accordance with the approved Landscape and Screening Plan.
(Department of Planning Services)
9. 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)
10. The property owner shall control noxious weeds on the site. (Department of Public Works)
11. The access on the site shall be maintained to mitigate any impacts to the public road including
damages and/or off -site tracking. (Department of Public Works)
12. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Department of Public Works)
13. 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)
14. The property owner shall comply with all requirements provided in the executed Improvements
Agreement. (Department of Public Works)
15. The Improvements Agreement for this site shall be reviewed on an annual basis, including
possible updates (Department of Public Works)
16. The historical flow patterns and runoff amounts on the site will be maintained. (Department of
Public Works)
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17. Weld County is not responsible for the maintenance of onsite drainage related features.
(Department of Public Works)
18. 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)
19. 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)
20. Waste materials shall be handled, stored, and disposed of in a manner that controls fugitive dust,
fugitive particulate emissions, blowing debris, and other potential nuisance conditions. The
applicant shall operate in accordance with Chapter 14, Article 1 of the Weld County Code.
(Department of Public Health and Environment)
21. 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)
22. All potentially hazardous chemicals must be handled in a safe manner in accordance with product
labeling. and in a manner, that minimizes the release of hazardous air pollutants (HAPs) and
volatile organic compounds (VOCs). All chemicals must be stored securely, on an impervious
surface, and in accordance with manufacturers' recommendations.
23. The facility shall adhere to the maximum permissible noise levels allowed in the Commercial
Zone as delineated in 25-12-103 C.R.S. (Department of Public Health and Environment)
24. Adequate drinking, hand washing, and toilet facilities shall be provided for employees, at all
times. For 2 or less full-time or 4 or less part-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.
25. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
(Department of Public Health and Environment)
26. 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)
27. The applicant shall submit an Air Pollution Emission Notice (A.P.E.N.) and Emissions Permit
Application and obtain a permit from the Air Pollution Control Division, Colorado Department of
Public Health and Environment, as applicable. (Department of Public Health and Environment)
28. Any vehicle or equipment washing shall adhere to "Low Risk Discharge Guidance: Discharges
From Surface Cosmetic Power Washing Operations To Land July 2010" as provided by the State.
(Department of Public Health and Environment)
29. Floor drain wastes shall be captured in a watertight vault and hauled off for proper disposal.
Records of installation, maintenance, and proper disposal shall be retained. (Department of
Public Health and Environment)
30. 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)
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31. Sources of light shall be shielded so that light rays will riot 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)
32. A building permit may be required, per Section 29-3-10 of the Weld County Code. Currently the
following has been adopted by Weld County: 2012 International Codes; 2006 International
Energy Code; 2017 National Electrical Code; A building permit application must be completed
and two complete sets of engineered plans bearing the wet stamp of a Colorado registered
architect or engineer must be submitted for review. A geotechnical engineering report performed
by a registered State of Colorado engineer shall be required or an open hole inspection.
(Department of Building Inspection)
33. 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.
34. 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.
35. 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.
36. 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.
37. 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.
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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, sand burs, 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.
USR18-0082 - Totems
Page 11 of 11
November 30, 2018
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.weldgov.com
E-MAIL: mhall@weldgov.com
PHONE: (970) 400-3528
FAX: (970) 304-6498
TOTEMS BEN
2218 CR 15
BRIGHTON, CO 80603
Subject: USR18-0082 - 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 (manufacturing and woodworking including tiny homes, wood and metal
trusses, cabinets and pipeline assembly, outdoor storage, and automotive repair and restoration)
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 W2SW4 SECTION 20, T1 N, R67W LOT A RE -4282 of the 6th P.M., Weld County, Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on January 15, 2019, at 12:30
p.m. A subsequent hearing with the Board of County Commissioners will be held on February 6, 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.orq
If you have any questions concerning this matter, please call.
Respecully,
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Michael Hall
Planner
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.weldgov.com
E-MAIL: mhall@weldgov.com
PHONE: (970) 400-3528
FAX: (970) 304-6498
August 07, 2018
TOTEMS BEN
2218 CR 15
BRIGHTON, CO 80603
Subject: USR18-0082 - 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 (manufacturing and woodworking including tiny homes, wood and metal
trusses, cabinets and pipeline assembly, outdoor storage, and automotive repair and restoration)
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 W2SW4 SECTION 20, T1 N, R67W LOT A RE -4282 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
Northglenn at Phone Number 303-450-8709
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.
Resp�es�tfully,
Michael Hall
Planner
FIELD CHECK
Inspection Date: 01/03/2019
Case Number: USR18-0082
Applicant: Ben and Amy Totems
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 (manufacturing and woodworking
including tiny homes, wood and metal trusses, cabinets and pipeline assembly,
outdoor storage, and automotive repair and restoration) 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
Description:
Lot A of Recorded Exemption RE -4282; being a part of the SW4 of Section 20,
Ti N, R67W of the 6th P.M., Weld County, CO
Location: East of and adjacent to County Road 15; approximately 0.21 miles north of
County Road 6
Size of Parcel:
+/- 4.52 acres
Parcel No. 1469-20-3-00-030
Zoning
Land Use
N
A (Agricultural) / Dacono
N
Agricultural / Residential
E
A (Agricultural)
E
Agricultural / Residential
S
A (Agricultural)
S
Agricultural / Residential
W
A (Agricultural) / Dacono
W
Agricultural / Residential
COMMENTS:
There is one access into the site off of CR 15 (gravel). The site contains one residence that is under
construction and is the closest structure to the road. Behind the residence is the existing outbuilding
which is used for the business. No other structures were observed. The pond on -site is fenced off. No
vehicles or commercial activity were observed. There is an existing 3 -rail white vinyl fence along the road
and an entrance gate. The ground cover landscaping on -site is not mature due to the construction of the
residence. No concerns were identified.
Michael Hall, Planner
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