HomeMy WebLinkAbout20190745.tiffPlanner:
Case Number:
Applicants:
Request:
Legal
Description:
LAND USE APPLICATION
SUMMARY SHEET
Michael Hall
USR18-0073
Mark D. Sloan, Evan T. Marcellus & Tara N. Marcellus
Hearing Date: February 5, 2019
A Site Specific Development Plan and Use by Special Review Permit for a Home
Business (mechanical and HVAC repair) and one (1) single-family dwelling unit per lot
other than those permitted under Section 23-3-20.A. (second single-family dwelling
unit) in the A (Agricultural) Zone District
Being part of the N2 of Section 32, Ti N, R66W of the 6th P.M., Weld County, CO
Location: North of and adjacent to CR 2 1/2 and approximately 0.48 miles west of CR 29
Size of Parcel: +/- 4.01 acres Parcel No. 1471-32-0-00-083
POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS
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:
Weld County Zoning Compliance, referral dated September 7, 2018
▪ Weld County Department of Public Works, referral dated October 4, 2018
▪ Weld County Department of Building Inspection, referral dated January 4, 2019
▪ State of Colorado, Division of Water Resources, referral dated September 12, 2018
▪ Weld County Department of Public Health and Environment, referral dated September 27, 2018
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
> City of Fort Lupton, referral dated September 11, 2018
> Brighton Fire Rescue District, referral dated October 2, 2018
> Colorado Parks and Wildlife, referral dated September 6, 2018
> Weld County Sheriff's Office, referral dated September 21, 2018
> Central Weld County Water District, referral dated September 23, 2018
The Department of Planning Services' staff has not received responses from the following agencies:
> Adams County
> City of Brighton
> Town of Lochbuie
> Brighton School District RE -27J
> West Adams Conservation District
USR18-0073 - Marcellus & Sloan
Page 1 of 10
Planner:
Case Number:
Applicants:
Request:
Legal
Description:
SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
Michael Hall
USR18-0073
Mark D. Sloan, Evan T. Marcellus & Tara N. Marcellus
Hearing Date: February 5, 2019
A Site Specific Development Plan and Use by Special Review Permit for a Home
Business (mechanical and HVAC repair) and one (1) single-family dwelling unit per lot
other than those permitted under Section 23-3-20.A. (second single-family dwelling
unit) in the A (Agricultural) Zone District
Being part of the N2 of Section 32, Ti N, R66W of the 6th P.M., Weld County, CO
Location: North of and adjacent to CR 2 1/2 and approximately 0.48 miles west of CR 29
Size of Parcel: +/- 4.01 acres Parcel No. 1471-32-0-00-083
Case Summary:
The applicants are requesting a Site Specific Development Plan and Use by Special Review Permit for a
second residence and a Home Business on an approximately 4.01 acre metes and bounds described parcel
of land. There are two (2) existing residences on the property. The primary residence (stick -built; 1906) is
occupied by Evan and Tara Marcellus. The secondary residence (yurt) is occupied by Mark Sloan. The
insulated yurt is connected to a stick -built building via a hallway; within the stick -built building is the kitchen
and bathroom. The Home Business is operated by Mark Sloan for a mechanical and HVAC repair and
maintenance business. The Home Business consists of repair work for mechanical and HVAC systems,
custom metal parts fabrication and HVAC equipment and supply storage. The majority of the work including
installation is done off -site. The hours of operation are 8 am through 6 pm, 7 days per week. Storage of
industrial gases and chemicals will be located inside the shop in appropriate containers. There are no
employees. No public access is proposed. No fuel storage, signs, equipment/vehicle washing, floor drains,
are proposed.
Vista Peaks is hobby -farming business on -site that produces eggs and vegetables for sale to customers
and local restaurants and is operated by Evan and Tara Marcellus. Because Vista Peaks is an agricultural
business, it is a Use by Right and not a part of this USR request. The existing two-story milk parlor will
contain the mechanical and HVAC repair Home Business, Vista Peaks farm business (Use by Right), and
a private art studio space for the owners (Use by Right).
There is an existing non-commercial junkyard on -site, which is in the process of being cleaned, consolidated
and screened. The USR application materials indicate that only personal items will be stored in the junkyard
including ten (10) vehicles.
There is an active Zoning violation (ZCV16-00096) due to the presence of multiple dwelling units,
commercial operations and a large non-commercial junkyard without first completing the necessary Weld
County Zoning Permits and Building permits. This case has been forwarded to the County Attorney's Office.
The next court hearing is March 4, 2019 and will review the progress towards remedying the violation.
If this application is approved by the Board of County Commissioners, it will correct a portion of the
outstanding violation. The applicant shall also completely screen the non-commercial junkyard in order to
close the violation. The applicant shall also obtain appropriate building permits.
USR18-0073 - Marcellus & Sloan
Page 2 of 10
If the application is denied, the March 4, 2019 court date will be continued to April 1, 2019 to give the applicant
time to remove the second residence and commercial operations and screen the junkyard by March 28, 2019.
In this case, a demolition permit will be required to remove the second residence.
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.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."
The property owners are the only operators of the mechanical and HVAC repair home
business and the Use by Right agricultural business. These activities allow them to
supplement income while still maintaining a rural residential lifestyle.
Section 22-2-20.F.3. - A.Policy 6.3. states, "Encourage multi -generational, caretaker,
guest and accessory quarters."
Both residences are occupied by the property owners. The application materials state that
the purpose of this home will allow for multi -generational living of family members on the
property as Mark Sloan is the uncle of Tara Marcellus. Additionally, the second residence
can be used for caretaker, guest and accessory quarters and may also be used as a rental.
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."
There is currently water and septic service provided to the property. A water well (permit #
82045-F), located in the Laramie -Fox Hills aquifer, allows for use of the well inside two (2)
single family dwellings in addition to limited irrigation water. The water well cannot be used
for business use unless it is re -permitted to allow for commercial use. A septic permit (SP -
1800156) sized for six (6) bedrooms was issued May 10, 2018 for use by both residences.
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."
Section 23-3-40.M. -- Uses by special review, of the Weld County Code states, "One (1)
single-family dwelling unit per lot other than those permitted under section 23-3-20.A.
(second single-family dwelling unit) in the Agricultural (A) Zone District."
Section 23-3-40.P. -- Uses by special review, of the Weld County Code states, "Home
Business."
Based on these Code Sections, the applicant is eligible to apply for a Use by Special
Review to permit the proposed land use request.
USR18-0073 - Marcellus & Sloan
Page 3 of 10
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 oil and gas operations. There
are five (5) properties immediately adjacent to the site; three (3) with residences located
on them. The closest residence is 220 feet to the southeast, across County Road 2.5. The
applicant does not own any other contiguous land.
The Weld County Department of Planning Services sent notice to seven (7) Surrounding
Property Owners within 500 feet of the proposed USR boundary. No responses were
received back.
There is a mix of commercial and industrial uses in the area in both Brighton city limits and
unincorporated Weld County, permitted with a mix of Use by Special Reviews and Site
Plan Reviews. There are thirteen (13) USRs in unincorporated Weld County within one (1)
mile of this site, primarily located to the northwest of the site, along the Highway 85 corridor
including USR18-0028 for an agritourism event venue, SUP -93 for a feed lot, USR-1658
for a construction company, SUP -226 for oil tanks, USR-1676 for a research, repair, and
manufacturing business, AMUSR-1493 for a salvage yard, USR-969 for water skiing club,
USR-968 for a gravel pit, USR-1744 for a commercial junkyard / salvage yard, MUSR14-
0002 for a gravel pit, asphalt & storage business, USR-1402 for a maintenance shop and
storage business, AMUSR-1458 for a mineral resource development facility and USR-1373
for a concrete batch plant.
D. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with future
development of the surrounding area as permitted by the existing zoning and with the future
development as projected by Chapter 22 of the Weld County Code and any other
applicable code provisions or ordinances in effect, or the adopted Master Plans of affected
municipalities.
The site is located within the three (3) mile referral area of Adams County, City of Brighton,
City of Fort Lupton, and the Town of Lochbuie. The site is located directly northeast of and
adjacent to the Brighton municipal limits. The Fort Lupton referral response dated
September 11, 2018, indicated no concerns. Adams County, Brighton and Lochbuie did
not respond.
The site is located within the Fort Lupton Coordinated Planning Agreement (CPA) area. As
part of the pre -application process, Fort Lupton responded to the Notice of Inquiry on
January 23, 2018, which stated that due to the IGA between Fort Lupton and Brighton, Fort
Lupton will not be pursuing annexation of the subject property.
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 proposed facility is located on soils designated as "High Potential Dry Cropland - Prime
if they become Irrigated" per the 1979 Soil Conservation Service Important Farmlands of
Weld County Map. The proposed USR will not take any Prime (Irrigated) Farmland out of
USR18-0073 - Marcellus & Sloan
Page 4 of 10
production. Additionally, the small lot size makes commercial farming impractical. Limited
hobby farming occurs on -site including egg production. The eighty (80) chickens on -site as
part of the agricultural business fall under the maximum animal units limits being 200 per
acre and 800 total on the 4 -acre parcel.
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 on -site wastewater treatment system permitted as SP -1800156 shall receive final approval
from Environmental Health Services. (Department of Public Health and Environment)
B. The applicant shall submit evidence that the yurt (second home) complies with the
requirements of the 2018 International Residential Code, and Chapter 29 of Weld County
Code, as stated in the referral response dated January 4, 2019. (Department of Building
Inspection)
C. The applicant shall address the requirements of the Colorado Division of Water Resources
regarding re -permitting the well for poultry watering, as stated in the referral response dated
September 12, 2018. Written evidence of such shall be submitted to the Weld County
Department of Planning Services. (Department of Planning Services)
D. The applicant shall submit a screening and landscaping plan and photographic evidence that
the non-commercial junkyard has been completely screened as stated in the Zoning
Compliance referral dated September 7, 2018. (Department of Planning Services)
E. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR18-0073 (Department of Planning Services)
2) The attached Development Standards. (Department of Planning Services)
3) The map shall be prepared in accordance with Section 23-2-260.D of the Weld County
Code. (Department of Planning Services)
4) Show and label the locations and setbacks of the existing primary and secondary
residences and shop. (Department of Planning Services)
5) County Road 2.5 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)
6) Show and label the approved access locations, approved access width and the
appropriate turning radii (60') on the site plan. The applicant must obtain an access
permit in the approved location(s) prior to construction. (Department of Public Works)
USR18-0073 - Marcellus & Sloan
Page 5 of 10
7) 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)
8) The applicant shall show the drainage flow arrows. (Department of Public Works)
9) 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 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)
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)
USR18-0073 - Marcellus & Sloan
Page 6 of 10
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
USR18-0073
1. A Site Specific Development Plan and Use by Special Review Permit, USR18-0073, for a Home
Business (mechanical and HVAC repair) and one (1) single-family dwelling unit per lot other than
those permitted under Section 23-3-20.A. (second single-family dwelling unit) in the A (Agricultural)
Zone District, subject to the Development Standards stated hereon. (Department of Planning
Services)
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld
County Code. (Department of Planning Services)
3. The hours of operation of the home business is 8:00 am to 6:00 pm, 7 -days per week, as requested
in the application materials. (Department of Planning Services)
4. All items considered to be part of the non-commercial junkyard shall be completely screened from
adjacent properties and rights -of -way and the site shall adhere to the approved screening and
landscaping plan. (Department of Planning Services)
5. The property owners shall be involved in the home business as owners and/or operators.
(Department of Planning Services)
6. The home business shall be incidental to the principal residential use of the property for gainful
employment of the family residing on the property and shall not change the character thereof.
(Department of Planning Services)
7. The property owner shall control noxious weeds on the site. (Department of Public Works)
8. 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)
9. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Department of Public Works)
10. Any work that may occupy and or encroach upon any County rights -of -way or easement shall
acquire an approved Right -of -Way Use Permit prior to commencement. (Department of Public
Works)
11. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Public
Works)
12. 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)
13. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those
wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites
and Facilities Act, 30-20-100.5, C.R.S. (Department of Public Health and Environment)
14. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust,
fugitive particulate emissions, blowing debris, and other potential nuisance conditions. The facility
shall operate in accordance with Chapter 14, Article 1 of the Weld County Code. (Department of
Public Health and Environment)
15. 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)
USR18-0073 - Marcellus & Sloan
Page 7 of 10
16. 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. (Department of Public Health
and Environment)
17. This facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone
as delineated in 25-12-103 C.R.S. (Department of Public Health and Environment)
18. A permanent, adequate water supply shall be provided for drinking and sanitary purposes. The
existing well (permit 82045-F) cannot be used for the business unless it is repermitted to allow
commercial use. (Department of Public Health and Environment)
19. Any septic system located on the property must comply with all provisions of the Weld County
Code, pertaining to Onsite Waste Water Treatment Systems. (Department of Public Health and
Environment)
20. In the event the applicant intends to utilize the existing septic system at the home, for business
use, the septic system shall be reviewed by a Colorado registered professional engineer. The
review shall consist of observation of the system and a technical review describing the system's
ability to handle the proposed hydraulic load. The review shall be submitted to the Environmental
Health Services Division of the Weld County Department of Public Health and Environment. In the
event the system is found to be inadequately sized or constructed, the system shall be brought into
compliance with current regulations. (Department of Public Health and Environment)
21. Adequate hand washing, and toilet facilities shall be provided for employees, at all times. For 2 or
less full-time and/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. (Department of Public Health and Environment)
22. 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)
23. 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)
24. Building permits may be required, per Section 29-3-10 of the Weld County Code. Currently, the
following have been adopted by Weld County: 2018 International Codes, 2006 International Energy
Code, and 2017 National Electrical Code. A Building Permit Application must be completed and
two (2) 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
Colorado registered engineer shall be required or an Open Hole Inspection. (Department of
Building Inspection)
25. 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.
26. 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
USR18-0073 - Marcellus & Sloan
Page 8 of 10
plans or Development Standards are permitted. Any other changes shall be filed in the office of the
Department of Planning Services.
27. 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.
28. 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.
29. 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,
USR18-0073 - Marcellus & Sloan
Page 9 of 10
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.
USR18-0073 - Marcellus & Sloan
Page 10 of 10
January 08, 2019
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.weldgov.com
E-MAIL: daungst@co.weld.co.us
PHONE: (970) 400-3524
FAX: (970) 304-6498
MARCELLUS TARA
13507 CR 2.5
BRIGHTON, CO 80603
Subject: USR18-0073 - A Site Specific Development Plan and Use by Special Review Permit for a Home
Business (HVAC repair) and one (1) single-family dwelling unit per lot other than those permitted under
Section 23-3-20.k (second single-family dwelling unit) in the A(Agricultural) Zone District
On parcel(s) of land described as:
PART N2 SECTION 32, T1 N, R66W of the 6th P.M., Weld County, Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on February 5, 2019, at 10:00
a.m. A subsequent hearing with the Board of County Commissioners will be held on February 27, 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.
Respectfully,
•
ry Ichael Hall -
Planner
FIELD CHECK
Inspection Date: 01/23/2019
Case Number: USR18-0073
Applicant: Mark D. Sloan, Evan T. Marcellus & Tara N. Marcellus
Request: A Site Specific Development Plan and Use by Special Review Permit for a Home
Business (mechanical and HVAC repair) and one (1) single-family dwelling unit
per lot other than those permitted under Section 23-3-20.A. (second single-family
dwelling unit) in the A (Agricultural) Zone District
Legal
Description:
Location:
Size of Parcel:
Being part of the N2 of Section 32, Ti N, R66W of the 6th P.M., Weld County, CO
North of and adjacent to CR 2 1/2 and approximately 0.48 miles west of CR 29
+/- 4.01 acres
Parcel No. 1471-32-0-00-083
Zoning
Land Use
N
A (Agricultural)
N
Agricultural / Residential
E
A (Agricultural)
E
Agricultural / Residential
S
A (Agricultural) / Brighton
S
Agricultural / Residential
W
A (Agricultural)
W
Agricultural / Residential
COMMENTS:
There is one access north into the site off of CR 2.5 (gravel). The site contains the existing primary
residence (stick -built farmhouse), which is the closest structure to the road. Behind the residence is the
existing second home (yurt and attached living building). There are several other outbuildings and grain
silos on -site and a camper trailer. Limited ag uses including chickens and chicken coup are on -site. The
existing two-story barn is used for the business. The site is not well -kept and contains a large non-
commercial junkyard which covers the majority of the property. Numerous derelict vehicles, trash and junk
heaps, scrap metal, debris, empty containers, and unused miscellaneous construction and mechanical
equipment and parts were seen on -site. This observation is consistent with referral concerns made by
Code Compliance. The junkyard is not screened and is visible from all adjacent properties and roadway.
The junkyard extends north from the buildings up to the north property line. The site is bounded on the
west and north by a concrete ditch.
Michael Hall, Planner
Hello