HomeMy WebLinkAbout20194971.tiffPlanner:
Case Number:
Owner:
Situs Address:
Request:
Legal
Description:
Location:
LAND USE APPLICATION
SUMMARY SHEET
Michael Hall
1MJUSR19-11-1737
Troy D. Hefner and Judy K. Hefner, 370 County Road 16.5, Longmont, CO 80504
4343 County Road 6, Erie, CO 80516
Hearing Date: December 3, 2019
A Major Amendment to a Site Specific Development Plan and Use By Special Review
Permit USR-1737 for a business permitted as a Use by Right or an Accessory Use in
the Commercial Zone District (storage of commercial equipment and vehicles,
fabrication, auto storage and repair) and agricultural service establishments primarily
engaged in performing agricultural, animal husbandry, or horticultural services on a fee
or contract basis, including: farm equipment sales, repair and installation facilities, and
one (1) additional single family dwelling unit per lot other than those permitted under
Section 23-3-20.A of the Weld County Code to add a twenty-four (24) square -foot
fence -mounted sign that exceeds the Weld County Sign Code bulk requirements and
uses permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the
Commercial or Industrial Zone Districts (contractor shop and outdoor storage facility
including RVs, boats, trailers, vehicles, containers, etc.), 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.
The E2W2SE4SW4 of Section 23, TIN, R68W of the 6th P.M., Weld County, CO
North of and adjacent to County Road 6; approximately 0.3 miles east of the East 1-25
Frontage Road
Size of Parcel: +1- 8.75 acres Parcel No. 1467-23-0-00-005
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 7, 2019
Central Weld County Water District, referral dated August 19, 2019
City and County of Broomfield - Planning, referral dated August 13, 2019
Weld County Department of Public Works, referral dated August 21, 2019
Farmers Reservoir and Irrigation Company, referral dated August 21, 2019
Weld County Department of Building Inspection, referral dated November 12, 2019
Weld County Department of Public Health and Environment, referral dated August 13, 2019
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
▪ Town of Erie, referral dated July 31, 2019
▪ City of Northglenn, referral dated, August 5, 2019
▪ Weld County Sheriff's Office, referral dated August 2, 2019
▪ Colorado Geological Survey, referral dated August 12, 2019
1MJUSR19-11-1737 — Hefner
Page 1 of 13
Weld County Zoning Compliance, referral dated July 26, 2019
Y City and County of Broomfield - Traffic, referral dated August 26, 2019
Colorado Department of Transportation, referral dated August 21, 2019
The Department of Planning Services' staff has not received responses from the following agencies:
V V V V V V
Adams County
City of Dacono
City of Thornton
Weld County Assessor's Office
Longmont Conservation District
West Adams Conservation District
1MJUSR19-11-1737 — Hefner
Page 2 of 13
Planner:
Case Number:
Owner:
Situs Address:
Request:
Legal
Description:
Location:
SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
Michael Hall
1MJUSR19-11-1737
Troy D. Hefner and Judy K. Hefner, 370 County Road 16.5, Longmont, CO 80504
4343 County Road 6, Erie, CO 80516
Hearing Date: December 3, 2019
A Major Amendment to a Site Specific Development Plan and Use By Special Review
Permit USR-1737 for a business permitted as a Use by Right or an Accessory Use in
the Commercial Zone District (storage of commercial equipment and vehicles,
fabrication, auto storage and repair) and agricultural service establishments primarily
engaged in performing agricultural, animal husbandry, or horticultural services on a fee
or contract basis, including: farm equipment sales, repair and installation facilities, and
one (1) additional single family dwelling unit per lot other than those permitted under
Section 23-3-20.A of the Weld County Code to add a twenty-four (24) square -foot
fence -mounted sign that exceeds the Weld County Sign Code bulk requirements and
uses permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the
Commercial or Industrial Zone Districts (contractor shop and outdoor storage facility
including RVs, boats, trailers, vehicles, containers, etc.), 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.
The E2W2SE4SW4 of Section 23, TIN, R68W of the 6th P.M., Weld County, CO
North of and adjacent to County Road 6; approximately 0.3 miles east of the East 1-25
Frontage Road
Size of Parcel: +/- 8.75 acres Parcel No. 1467-23-0-00-005
Case Summary:
The applicant is requesting a major amendment to an existing Site Specific Development Plan and Use
by Special Review Permit USR-1737, recorded May 5, 2011, reception # 3766728, located on an 8.75 -
acre parcel. The existing USR permits several commercial ventures including the storage of commercial
equipment and vehicles, fabrication, auto storage and repair, agricultural service establishments
specifically farm equipment sales, repair and installation facilities and a second single family dwelling.
The proposed major amendment seeks to permit a twenty-four (24) square -foot fence -mounted sign,
contractor shop, and outdoor storage facility including RVs, boats, trailers, vehicles, etc.
The outdoor storage facility will be the proposed dominant use of the property. The proposed uncovered
outdoor storage facility is an expansion to an existing outdoor storage facility located on four (4) parcels to
the west being Lots 6, 7, 8 and 9 of the Althen-Boyer Commercial Subdivision, permitted by USR16-0026
and SPR17-0007. These parcels are also owned by Troy and Judy Hefner and the proposed storage facility
expansion parcel will operate under the existing facility name being AARV Auto & RV Storage The storage
area will consist of pull -through and back -in parking/storage spaces and will have an all-weather gravel or
road base surface. No employees are associated with the storage facility expansion and it will be
managed by the property owners. No additional employees are associated with this amendment. No
structures or dump -station are proposed. No waste materials, fuel storage or washing is proposed. The site
shall not contain auto salvage and/or a commercial junkyard.
1MJUSR19-11-1737 — Hefner
Page 3 of 13
The two (2) existing residences will remain occupied by tenants. In the future, one (1) of the residences
may be converted into an office or caretaker living quarters for the storage facility. The existing corrals
and small barns will be removed.
The applicant has stated they intend to retain all existing permitted uses under the original USR as part of
the amended USR. The existing metal commercial building and parking area will continue to be leased and
the property owners want the flexibility to allow a variety of uses in the structure. Only two (2) tenants would
occupy the structure at a time. Commercial equipment and vehicles, fabrication, auto storage and repair,
agricultural service establishments specifically farm equipment sales, repair and installation facilities,
contractor shop, and fabrication businesses may be located within the existing metal building. An existing
dumpster enclosure is located on the south side of the building. Twelve (12) regular parking spaces and
one (1) handicap accessible parking space will be provided outside the building as outlined on the original
USR map. The total number of employees in the building will not exceed eight (8), consistent with the
original USR. The hours of operations of any businesses leasing the building will be 7:00 am to 7:00 pm,
Monday -Sunday.
The site is located directly north of County Road 6, which is under the jurisdiction of the City and County
of Broomfield. There are two (2) access points into the site. The first access point into the site is via a
proposed easement from the internal Althen-Boyer 2nd Filing Subdivision road, through Lot 7 of Althen-
Boyer to the subject site. Lot 7 of Althen-Boyer is the primary access point for the entire AARV facility and
contains a gate that may be accessed 24 hours per day, 7 -days a week via an electronic keypad. The
second access point into the site is located directly off County Road 6. This access point is for auxiliary
and emergency access as needed and to act as a standalone access in the event that the site is ever
sold or operated independently from Lot 7. All access points are sized to accommodate two-way traffic.
The southern property line will be fenced with a six (6) foot tall white metal fence, consistent with the
existing fencing on the other AARV lots. A twenty-four (24) square foot sign will be mounted onto the
southern face of the fence at the location of the auxiliary access point, facing County Road 6. The size
and design of the sign is consistent with the existing AARV signs on Lots 6 and 7 of Althen-Boyer. A six
(6) foot tall chain -link security fence will be located on the northern and eastern property lines. The west
property line contains an existing metal fence except for the vehicular connection into Lot 7 of Althen-
Boyer. Existing building -mounted lighting will remain, lighting at the auxiliary gate is proposed. All lighting
will be downcast and shielded. The existing trees and grass will remain around the metal building and
residences. Additional vegetative screening is recommended by Planning staff, parallel to the chain -link
fence on the eastern property line, to buffer the storage facility from the surrounding agricultural parcels.
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.
The proposed amended USR is located on a parcel that already contains existing
commercial operations and is in an area that contains numerous other commercial and
industrial uses. Productive agricultural activities are not readily supported on this parcel
because of the small lot size. The proposed business is compatible with the existing land
uses and aligns with the overall development of southern Weld County and the Interstate-
1MJUSR19-11-1737 — Hefner
Page 4 of 13
25 corridor. This property is located 0.3 miles east of the east Interstate -25 frontage road
which provides convenient and direct connection to regional transportation networks.
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."
Central Weld County Water District (CWCWD), account # 003016-01, provides water to
the residences and metal building. The CWCWD referral dated August 19, 2019, will
require a water study to determine if the existing tap is adequate to serve the property
and uses, if adequate fire flow is available and if backflow prevention requirements will
change. The site contains three (3) septic systems, SP -9900524 for the northern
residence, G-19889009 for the southern residence, both sized for three (3) bedrooms
and SP -1100033 for the metal commercial building, which is sized for eight (8)
employees and up to twenty (20) customers. Bottled water and portable toilets will be
provided for the storage facility customers.
Mountain View Fire Rescue will serve this site. The Fire Rescue referral dated August 7,
2019, provided information and requirements to protect the health, safety and welfare of
the site users and general public. There is currently adequate water supply in the road to
provide fire protection for the storage facility, provided that fire hydrants are installed.
However, there is not enough water supply for the buildings on the property. Any change
of occupancy classification will trigger the need for alternative fire protection methods.
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." As of July 24, 2019, the date of complete application submittal,
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." As of July 24, 2019, the date of complete
application submittal, this code section allows the applicant to apply for a USR for a
miscellaneous commercial/industrial operation because the site is not located within a
subdivision or historic townsite, this code section allows the applicant to apply for the
contractor shop and outdoor storage facility.
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 farmland, rural residences, and commercial/industrial
operations. There are six (6) parcels immediately adjacent to the site; one (1) with a
residence. The applicant owns four (4) other contiguous parcels of land. There are
numerous Use by Special Review permits and Site Plan Review permits within one (1)
mile of this site, concentrated in the Althen-Boyer Subdivision, on the east side of
Interstate -25. Permits include commercial junkyard and salvage yards, outdoor storage
facilities, woodworking and manufacturing businesses, equipment and trailer rental and
sales, and vehicle repair. This area of the County is rapidly developing with commercial
and industrial operations and the subject USR is compatible and integrated with the
existing businesses. There are additional USRs on the west side of Interstate -25.
1MJUSR19-11-1737 — Hefner
Page 5of13
The northern portion of the parcel is split by the Bull Canal - Lateral #3, owned and
operated by the Farmer's Reservoir and Irrigation Company (FRICO). Approximately 1.2 -
acres of the 10 -acre site is located to the north of the ditch. No storage or commercial
operations are permitted to be located on the north side of the Bull Canal. This ditch is
described per the quit -claim deed dated December 27, 1915, which conveys the ditch
right-of-way to FRICO. This deed severs the parcel into two pieces and is further
addressed as a condition of approval. The FRICO referral dated August 21, 2019,
requests the applicant submit a Project Review Application to discuss maintenance,
drainage, construction, waste disposal, stormwater detention, seepage, etc.
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. One (1) phone call was in support of the USR.
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.
Although this site is not expressly zoned for commercial uses, the existing and proposed
use of the site is consistent with the zoning of the surrounding unincorporated Weld
County parcels, which are zoned C-3 (Regional Commercial).
This site is bordered by unincorporated Weld County on the west, specifically the Althen-
Boyer Commercial Subdivision. The site is surrounded on the north, east and south by
the City and County of Broomfield.
The site located within the three (3) mile referral radius of the City of Dacono, Town of
Erie, City of Northglenn, City of Thornton, Adams County and City and County of
Broomfield. The Broomfield Planning referral dated August 13, 2019, provided advisory
comments on nearby land uses. The area surrounding the subject site and located within
Broomfield limits is identified as mixed -use commercial This proposal aligns with this
designation. The importance of screening was also stated. The Broomfield Traffic referral
dated August 26, 2019, states that no access improvements or permits are required if
there is no change in the size or location of the existing access. Erie and Northglenn both
returned referral responses dated July 31, and August 5, 2019 respectively, and indicated
no concerns.
The site is not located within a Coordinated Planning Agreement (CPA) boundary or
Urban Growth Boundary (UGB) of a municipality or a Regional Urbanization Area (RUA).
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 located within the Geologic Hazard Overlay District; however, the
Colorado Geological Survey referral dated, August 12, 2019 states the property has a low
subsidence hazard and does not have any objection to this request. USR map items and
Development Standards address compliance with this Overlay District. The property is
not located within the A -P (Airport) Overlay District, 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, County Facility Fee and Drainage Impact Fee
Programs.
1MJUSR19-11-1737 — Hefner
Page 6 of 13
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 is designated as "Prime (Irrigated) - Farmlands of National Importance" per the
1979 Soil Conservation Service Important Farmlands of Weld County Map. The proposed
USR will not remove any agricultural land from production as the site is already
developed and encumbered by a USR for commercial operations. Additionally, the small
lot size 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.
The Weld County Weld County Environmental Health and Public Works referrals, dated
August 13 and August 21, 2019, provide additional background and advisory information
regarding designing and operating the site in conformance with the interests of the
County, public and other governmental agencies.
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 to the Department of Planning
Services for review and approval. The Plan shall detail existing and proposed fencing,
landscaping, and irrigation. (Department of Planning Services)
B. The applicant shall submit a Property Maintenance Plan to the Department of Planning
Services for review and approval. The Plan shall detail debris control and trash removal
method. (Department of Planning Services)
C. The subject parcel is split by the Bull Canal - Lateral # 3, which is deeded right-of-way. The
applicant shall record separate deeds for each portion of the subject parcel located on either
side of the Canal. The Bull Canal right-of-way shall be excluded from both deeds.
(Department of Planning Services)
D. The applicant is proposing a shared access for the subject parcel across Lot 7 of Althen-
Boyer CUD 2nd Filing. The applicant shall submit to the Weld County Department of Planning
Services a recorded copy of an easement signed by all of the owners of the property crossed
by the access. The access shall be for ingress and egress and shall be referenced on the
map by the Weld County Clerk and Recorders reception number and recording date.
(Department of Planning Services)
E. The applicant shall demonstrate that an adequate water source is in place for the proposed
uses and shall submit a Water Study to the Central Weld County Water District. The applicant
shall address the requirements of the Central Weld County Water District, as stated in the
referral response dated August 19, 2019. Evidence of such shall be submitted in writing to
the Weld County Department of Planning Services. (Department of Planning Services)
F. The applicant shall address the requirements of Mountain View Fire Rescue, as stated in the
referral response dated August 7, 2019. Evidence of such shall be submitted in writing to the
Weld County Department of Planning Services. (Department of Planning Services)
1MJUSR19-11-1737 — Hefner
Page 7 of 13
G. The applicant shall attempt to address the requirements of Farmers Reservoir and Irrigation
Company (FRICO), as stated in the referral response dated August 21, 2019. Evidence of
such shall be submitted in writing to the Weld County Department of Planning Services.
(Department of Planning Services)
H. The applicant shall address the requirements of Weld County Building Department, regarding
the existing commercial building, as stated in the referral response dated November 12,
2019. (Department of Building Inspection)
I. A Final Drainage Report and Certification of Compliance stamped and signed by a
Professional Engineer registered in the State of Colorado is required. Permission may be
required from FRICO to cross the irrigation canal or drain into the ditch. (Department of
Public Works)
J. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled 1MJUSR19-11-1737. (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 location of the outdoor storage facility including the layout of the
storage spaces and drive aisles. (Department of Planning Services)
5) Show and label the location of existing buildings and other improvements.
(Department of Planning Services)
6) Show and label the parking for the metal commercial building. (Department of
Planning Services)
7) Show and label the vegetative screening, fencing and gates as detailed in the
Landscape and Screening Plan. (Department of Planning Services)
8) Show and label the location of the Mountain View Fire Rescue fire hydrant(s) or other
approved fire protection installations. (Department of Planning Services)
9) Show and label the location of the Central Weld County Water District meter and any
associated water line easement. (Department of Planning Services)
10) Show and label the extent of the Geologic Hazard Overlay District on the site plan.
(Department of Planning Services)
11) 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)
12) Show and label the location of the proposed and existing lighting. All lighting shall be
downcast and shielded so that light rays will not shine directly onto adjacent
properties. (Department of Planning Services)
13) Show and label the location of the signage including the twenty-four (24) square foot
sign approved by this USR. Signs 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)
1MJUSR19-11-1737 — Hefner
Page 8 of 13
14) Show and label all recorded easements and rights -of -way on the map by book and
page number or reception number including the proposed access easement through
Lot 7 of Althen-Boyer for the benefit of the subject USR parcel. (Department of
Planning Services)
15) 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)
16) This portion of County Road 6 is under the jurisdiction of the City and County of
Broomfield. Please contact the municipality to verify the future and existing right-of-
way. 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)
17) 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)
18) Show and label the accepted drainage features. Stormwater ponds should be labeled
as "Stormwater Detention, No -Build or Storage Area" and shall include the calculated
volume. (Department of Public Works)
19) Show and label the drainage flow arrows. (Department of Public Works)
20) 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. Prior to Construction:
A. If more than one (1) acre is to be disturbed, a Weld County Grading Permit shall be obtained.
(Department of Public Works)
5. The Use by Special Review is not perfected until the Conditions of Approval are completed and
the map is recorded. Activity shall not occur, nor shall any building or electrical permits be issued
on the property, until the Use by Special Review map is ready to be recorded in the office of the
Weld County Clerk and Recorder or the applicant has been approved for an early release
agreement. (Department of Planning Services)
1MJUSR19-11-1737 — Hefner
Page 9 of 13
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Troy and Judy Hefner
1 MJUSRI 9-11-1737
1. A Major Amendment, 1MJUSR19-11-1737, to a Site Specific Development Plan and Use By
Special Review Permit USR-1737 for a business permitted as a Use by Right or an Accessory
Use in the Commercial Zone District (storage of commercial equipment and vehicles, fabrication,
auto storage and repair) and agricultural service establishments primarily engaged in performing
agricultural, animal husbandry, or horticultural services on a fee or contract basis, including: farm
equipment sales, repair and installation facilities, and one (1) additional single family dwelling unit
per lot other than those permitted under Section 23-3-20.A of the Weld County Code to add a
twenty-four (24) square -foot fence -mounted sign that exceeds the Weld County Sign Code bulk
requirements and uses permitted as a Use by Right, an Accessory Use, or a Use by Special
Review in the Commercial or Industrial Zone Districts (contractor shop and outdoor storage
facility including RVs, boats, trailers, vehicles, containers, etc.), provided that the property is not a
Lot in an approved or recorded subdivision plat or lots parts of a map or plan filed prior to
adoption of any regulations controlling subdivisions in the A (Agricultural) Zone District, subject to
the Development Standards stated hereon. (Department of Planning Services)
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld
County Code. (Department of Planning Services)
3. The total number of on -site employees shall be eight (8), as stated in the application materials.
(Department of Planning Services)
4. The hours of operation of the storage facility are 24 -hours per day, 7 -days per week. (Department
of Planning Services)
5. The hours of operation of any business located in the metal commercial building is 7:00 am to
7:00 pm, 7 -days per week. (Department of Planning Services)
6. A maximum of two (2) businesses may lease and be located in the metal commercial building at
any given time. (Department of Planning Services)
7. The existing and proposed landscape and screening shall be maintained in accordance with the
approved Landscape and Screening Plan. (Department of Planning Services)
8. The outdoor storage area, employee/customer parking area, and trash enclosure shall be
maintained in accordance with the approved Property Maintenance Plan. (Department of
Planning Services)
9. All vehicles located within the storage area must be operational with current license plates and
tags. No derelict vehicles, as defined in Section 23-1-90 of the Weld County Code, shall be stored
on the site. (Department of Planning Services)
10. No storage or commercial operations are permitted to be located on the north side of the Bull
Canal. (Department of Planning Services)
11. The approved twenty-four (24) square feet fence -mounted sign shall not be expanded.
(Department of Planning Services)
12. All other 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)
1MJUSR19-11-1737 — Hefner
Page 10 of 13
13. The subject property is located in the Geological Hazard Overlay District with low subsidence risk.
All construction or improvements occurring in a geological hazard area as delineated by the
Colorado Geological Survey shall comply with the Overlay District requirements of Chapter 23,
Article V, Division 2 of the Weld County Code.
14. 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)
15. The historical flow patterns and runoff amounts on the site will be maintained. (Department of
Public Works)
16. Weld County is not responsible for the maintenance of onsite drainage related features.
(Department of Public Works)
17. 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)
18. 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)
19. 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)
20. All chemicals must be handled in a safe manner in accordance with product labeling. All
chemicals must be stored secure, on an impervious surface, and in accordance with
manufacturer's recommendations. (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. The facility shall be operated
in accordance with the approved dust abatement plan. (Department of Public Health and
Environment)
22. 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)
23. Any vehicle or equipment washing areas shall capture all effluent and prevent discharges in
accordance with the Rules and Regulations of the Water Quality Control Commission, and the
Environmental Protection Agency. (Department of Public Health and Environment)
24. Any on -site wastewater treatment 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)
25. Adequate drinking, hand washing and toilet facilities shall be provided for employees and patrons,
at all times. For 10 or less customers per day or 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,
contain hand sanitizers and be screened from existing adjacent residential properties and public
rights -of -way. (Department of Public Health and Environment)
1MJUSR19-11-1737 — Hefner
Page 11 of 13
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. A permanent, adequate water
supply shall be provided for drinking and sanitary purposes. (Department of Public Health and
Environment)
27. 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)
28. 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)
29. 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)
30. 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.
31. 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.
32. 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.
33. 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.
1MJUSR19-11-1737 — Hefner
Page 12 of 13
34. 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, 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.
1MJUSR19-11-1737 — Hefner
Page 13 of 13
October 23, 2019
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
HEFNER JUDY
370 CR 16.5
LONGMONT, CO 80504
Subject: 1MJUSR19-11-1737 - A Major Amendment to a Site Specific Development Plan and Use By
Special Review Permit USR-1737 for a business permitted as a Use by Right or an Accessory Use in
the Commercial Zone District (storage of commercial equipment and vehicles, fabrication, auto storage
and repair) and agricultural service establishments primarily engaged in performing agricultural, animal
husbandry, or horticultural services of a fee of contract basis, including: farm equipment sales, repair
and installation facilities, and one (1) additional single family dwelling unit per lot other than those
permitted under Section 23-3-20.A of the Weld County Code to add a 24 square -foot freestanding sign
that exceeds the Weld County Sign Code bulk requirements and uses permitted as a Use by Right, an
Accessory Use, or a Use by Special Review in the Commercial or Industrial Zone Districts (contractor
shop and outdoor storage facility including RVs, boats, trailers, vehicles, etc.), 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:
E2W2SE4SW4 SECTION 23, Ti N, R68W OF THE 6TH P.M., WELD COUNTY, COLORADO.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on December 3, 2019, at 12:30
p.m. A subsequent hearing with the Board of County Commissioners will be held on December 18,
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
Page 2 of 2
If you have any questions concerning this matter, please call.
Respectfully,
/
•
iVlichael Hall
Planner
July 26, 2019
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
TROY & JUDY HEFNER
370 CR 16.5
LONGMONT, CO 80504
Subject: 1 MJUSRI9-11-1737 - A Major Amendment to a Site Specific Development Plan and Use By
Special Review Permit USR-1737 for a business permitted as a Use by Right or an Accessory Use in
the Commercial Zone District (storage of commercial equipment and vehicles, fabrication, auto storage
and repair) and agricultural service establishments primarily engaged in performing agricultural, animal
husbandry, or horticultural services of a fee of contract basis, including: farm equipment sales, repair
and installation facilities, and one (1) additional single family dwelling unit per lot other than those
permitted under Section 23-3-20.A of the Weld County Code to add a 24 square -foot freestanding sign
that exceeds the Weld County Sign Code bulk requirements and uses permitted as a Use by Right, an
Accessory Use, or a Use by Special Review in the Commercial or Industrial Zone Districts (contractor
shop and outdoor storage facility including RVs, boats, trailers, vehicles, etc.), 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:
24925-C E2W2SE4SW4 SECTION 23 T1 N R68W 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
Erie at Phone Number 303-926-2700
Thornton at Phone Number 303-538-7200
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.
FIELD CHECK
Inspection Date: 11/21/2019
Planner: Michael Hall Hearing Date: December 3, 2019
Case Number: 1MJUSR19-11-1737
Owner: Troy D. Hefner and Judy K. Hefner, 370 County Road 16.5, Longmont, CO 80504
Situs Address: 4343 County Road 6, Erie, CO 80516
Request: A Major Amendment to a Site Specific Development Plan and Use By Special Review
Permit USR-1737 for a business permitted as a Use by Right or an Accessory Use in the
Commercial Zone District (storage of commercial equipment and vehicles, fabrication,
auto storage and repair) and agricultural service establishments primarily engaged in
performing agricultural, animal husbandry, or horticultural services on a fee or contract
basis, including: farm equipment sales, repair and installation facilities, and one (1)
additional single family dwelling unit per lot other than those permitted under Section 23-
3-20.A of the Weld County Code to add a twenty-four (24) square -foot fence -mounted
sign that exceeds the Weld County Sign Code bulk requirements and uses permitted as a
Use by Right, an Accessory Use, or a Use by Special Review in the Commercial or
Industrial Zone Districts (contractor shop and outdoor storage facility including RVs,
boats, trailers, vehicles, containers, etc.), provided that the property is not a Lot in an
approved or recorded subdivision plat or lots parts of a map or plan filed prior to adoption
of any regulations controlling subdivisions in the A (Agricultural) Zone District.
Legal
Description: The E2W2SE4SW4 of Section 23, Ti N, R68W of the 6th P.M., Weld County, CO
Location: North of and adjacent to County Road 6; approximately 0.3 miles east of the East 1-25
Frontage Road
Size of Parcel: +1- 8.75 acres Parcel No. 1467-23-0-00-005
Zoning
Land Use
N
Broomfield County
N
Agricultural / Vacant
E
Broomfield County
E
Agricultural / Residential
S
Broomfield County
S
Agricultural / Vacant
W
C-3 (Business Commercial)
W
Commercial / Industrial
COMMENTS:
The site is located directly north of CR 6. It has one access point and there is no tracking control. The site
contains two residences, one close to the road, the other in the rear of the site. The site contains one
large metal building and several small outbuildings and corrals. An existing RV storage facility is located
to the west. There are several existing trees on the property.
Michael Hall, Planner
Hello