HomeMy WebLinkAbout20190399.tiffLAND USE APPLICATION
SUMMARY SHEET
Planner: Kim Ogle
Case Number: USR18-0092
Applicant: Eddie Wright, Brittany Wright and Rita Giant
Modified Cars Unlimited, 17483 County Road 44, LaSalle, CO 80645
Request:
Hearing Date: January 15, 2019
A Site Specific Development Plan and Use by Special Review Permit for a Use permitted
as a Use by Right, an Accessory Use or a Use by Special Review in the Commercial or
Industrial Zone Districts (Vehicle Repair and Service, Automotive Body Shop), 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 Lot A, RE -1861 being part of E2SW4 of Section 13, T4N, R66W of the 6th P.M., Weld
Description: County, CO
Location: North of adjacent and adjacent to County Road 44: West of and adjacent to County Road
35.5
Size of Parcel: +/- 4.30 acres Parcel No. 1057-13-3-00-067
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 Department of Public Works, referral dated October 8, 2018
Weld County Department of Public Health and Environment, referral dated October 8, 2018
Central Weld County Water District, referral dated October 10, 2018
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
▪ Colorado Parks and Wildlife, referral dated September 14, 2018
▪ Weld County Sheriff's office, referral dated September 21, 2018
Y Weld County Zoning Compliance, referral dated September 28, 2018
Y Town of LaSalle, referral dated October 9, 2018
The Department of Planning Services' staff has not received responses from the following agencies:
Y City of Evans
Y Town of Gilcrest
Y LaSalle Fire Protection District
Y Weld County School District RE -1
Y Colorado Department of Transportation
Y Weld County Department of Building Inspection
Y Weld County Office of Emergency Management
Eddie Wright - Modified Cars Unlimited
USR18-0092, Page 1 of 11
SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
Planner: Kim Ogle
Case Number: USR18-0092
Applicant: Eddie Wright, Brittany Wright and Rita Giant
Modified Cars Unlimited, 17483 County Road 44, LaSalle, CO 80645
Request:
Hearing Date: January 15, 2019
A Site Specific Development Plan and Use by Special Review Permit for a Use permitted
as a Use by Right, an Accessory Use or a Use by Special Review in the Commercial or
Industrial Zone Districts (Vehicle Repair and Service, Automotive Body Shop), 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 Lot A, RE -1861 being part of E2SW4 of Section 13, T4N, R66W of the 6th P.M., Weld
Description: County, CO
Location: North of adjacent and adjacent to County Road 44; West of and adjacent to County Road
35.5
Size of Parcel: +/- 4.30 acres Parcel No. 1057-13-3-00-067
Case Summary:
The applicant is proposing to operate an automotive restoration and custom-built car business
within an existing 4400 SF metal outbuilding located on site. The business will have three
employees who in addition to the property owner will be on site between 9:00 A.M. and 6:00 P.M.
Monday through Friday. There is no water service in the building and the building will be heated.
There is no outdoor storage associated with the business, and there will be no storage or
stockpiling of wastes, chemicals, petroleum products or fuel tanks. There will be no washing of
vehicles or equipment and all painting will occur within the permitted paint booth located within
the building.
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 A.Goal 7. County land use regulations should protect the individual property
owner's right to request a land use change.
Eddie Wright - Modified Cars Unlimited
USR18-0092, Page 2 of 11
The applicant acquired the property in 2018 for the purpose of relocating his residence and
business and to accommodate his extended family. The 4.3 acre parcel has a ranch style
residence, and two outbuildings, with lands to the west utilized for agriculture production, most
recently leased to Pioneer Seed for test plots. The proposed shop is located within one of the two
outbuildings. No other site improvements are proposed.
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 property is located outside of the Town of LaSalle Growth Boundary dated August 2017 and
is also outside of the Town of Gilcrest Framework Plan being a part of the 2012 Comprehensive
Plan Update. The property is located within two miles of the Weld County Industrial Park located
south of County Road 44 and east of County Road 33 and within one mile of a multi -use commercial
and industrial use facility including an automobile restoration business as a tenant, permitted under
MUSR12-0004.
Section 22-2-20.H A.Goal 8. Ensure that adequate services and facilities are currently available
or reasonably obtainable to accommodate the requested new land use change for more intensive
development.
The proposed facility will utilize Central Weld County Water District residential tap number 1065
subject to review by the District for usage. The site is also served by an individual well which is
permitted for domestic use (89427) and a septic system sized for 4 bedrooms (SE -9600079) which
serves the existing residence. If the well will be used for business purposes it will need to be re -
permitted for commercial use. The application indicates there will be 3 full time employees plus
the owner. A portable toilet and bottled water are proposed but does not meet Environmental Health
Department policy. The existing septic system cannot be utilized for the business unless reviewed
by an engineer. The applicant will be working with State and County agencies and departments to
ensure there is adequate water and sanitary services available for the proposed use.
Section 22-2-20.1 A.Goal 9. Reduce potential conflicts between varying land uses in the
conversion of traditional agricultural lands to other land uses
The proposed facility is located within existing structures on land that has historically been a
residence with agricultural support buildings. Approximately 3 acres is utilized as an agricultural
test plot for Pioneer seed. The character of the site will remain unchanged as the proposed shop
will be located entirely within the existing 4400 SF building. Adjacent properties to the west include
single family residences on smaller tracts of land and production agricultural fields located to the
north east and south.
Section 22-2-20.1.5 A.Policy 9.5. Applications for a change of land use in the agricultural areas
should be reviewed in accordance with all potential impacts to surrounding properties and referral
agencies. Encourage applicants to communicate with those affected by the proposed land use
change through the referral process.
The site is located within the three-mile referral area of the City of Evans, Towns of Gilcrest and
LaSalle. The City of Evans and Town of Gilcrest did not return a referral response and the Town
of LaSalle in a referral dated October 9, 2018 indicated no concerns. Local and State referral
agencies were contacted for their comments concerning this proposed facility and as appropriate,
their comments have been included in the staff recommendation as a condition of approval or a
development standard. Planning staff has not received any correspondence or telephone calls
concerning this application.
Eddie Wright - Modified Cars Unlimited
USR18-0092, Page 3 of 11
B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A (Agricultural) Zone
District.
Section 23-3-40.S allows for any use permitted as a use by right, an accessory use, or a
Use by Special Review in the commercial zone district, Automotive Body Shop, to be located in
the A (Agricultural) zone district upon approval of a Use by Special Review permit.
Agriculture in the County is considered a valuable resource which must be protected from
adverse impacts resulting from uncontrolled and undirected business, industrial and residential
land uses. The A (Agricultural) Zone District is established to maintain and promote agriculture
as an essential feature of the County. The A (Agricultural) Zone District is intended to provide
areas for the conduct of agricultural activities and activities related to agriculture and agricultural
production without the interference of other, incompatible land uses. 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. The A (Agricultural) Zone District regulations are established to promote the health,
safety and general welfare of the present and future residents of the County.
C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing
surrounding land uses.
The proposed shop is located within one of the two outbuildings located to the east of the property.
There is a plot of land that has historically been leased to Pioneer Seeds to the west of the site
improvements and adjacent to the west are several residential parcels all located to the north of
County Road 44. The property is located within two miles of the Weld County Industrial Park
located south of County Road 44 and east of County Road 33 and within one mile of a multi -use
commercial and industrial use facility including an automobile restoration business as a tenant,
permitted under MUSR12-0004. Surrounding properties to the north east and south are in
agricultural production.
D. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with future development
of the surrounding area as permitted by the existing zoning and with the future development as
projected by Chapter 22 of the Weld County Code and any other applicable code provisions or
ordinances in effect, or the adopted Master Plans of affected municipalities.
The site is located within the three (3) mile referral area of the City of Evans and Towns of Gilcrest
and LaSalle. The Town of LaSalle returned a referral dated October 9, 2018 indicating no concerns,
the City of Evans and Town of Gilcrest did not respond to the referral request. Planning staff has
not received any correspondence or telephone calls concerning this application.
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 Special Flood Hazard Area, Geologic Hazard Overlay District or the
Airport Overlay District.
Building Permits issued on the lot will be required to adhere to the fee structure of the County -Wide
Road Impact Fee, Program. 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 "Irrigated Land - Not Prime" per the 1979 Soil Conservation
Service Important Farmlands of Weld County Map. The property owner will continue to utilize the
land to the west of the site improvements for agricultural production.
Eddie Wright - Modified Cars Unlimited
USR18-0092, Page 4 of 11
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 USR Map:
A. The applicant shall address the concerns (requirements) of the Central Weld County Water District
specific to the commercial water usage practices permitted through residential tap number 1065.
The applicant to provide written evidence of compliance with Central Weld County Water District's
requirements or a letter indicating no re -permitting is necessary shall be submitted to the
Department of Planning Services. (Department of Planning Services)
B. The USR Map shall be amended to delineate the following:
1. All sheets of the map shall be labeled USR18-0092. (Department of Planning Services)
2. The attached Development Standards. (Department of Planning Services)
3. The map shall be prepared in accordance with Section 23-2-260.D of the Weld County Code.
(Department of Planning Services)
4. The applicant shall delineate on the map the trash collection areas. Section 23-3-350.H of the
Weld County Code addresses the issue of trash collection areas. (Department of Planning
Services)
5. The map shall show the existing landscaping, fencing and/or screening. (Department of
Planning Services)
6. The map shall show the existing on -site lighting. (Department of Planning Services)
7. All signs shall be shown on the map and shall adhere to Chapter 23, Article IV, Division 2 and
Appendices 23-C, 23-D and 23-E of the Weld County Code. (Department of Planning Services)
8. The map shall show the parking area for the vendors, customers and/or employees.
(Department of Planning Services)
9. Show and label the existing landscaping and fencing on the property. (Department of Planning
Services)
10. County Road 35 1/2 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)
11. County Road 44 is a paved road and is designated on the Weld County Functional Classification
Map as an arterial road which requires 140 feet of right-of-way at full buildout. The applicant
Eddie Wright - Modified Cars Unlimited
USR18-0092, Page 5 of 11
shall delineate on the site plan the future and existing right-of-way. All setbacks shall be
measured from the edge of future right-of-way. This road is maintained by Weld County.
(Department of Public Works)
12. 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)
13. 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)
14. Show and label all recorded easements on the map by book and page number or reception
number and date on the site plan. (Department of Planning Services)
15. The applicant shall show the drainage flow arrows. (Department of Public Works)
16. 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) paper copy or
one (1) electronic copy (.pdf) of the plat for preliminary approval to the Weld County Department of
Planning Services. Upon approval of the plat the applicant shall submit a Mylar plat along with all other
documentation required as Conditions of Approval. The Mylar plat shall be recorded in the office of the
Weld County Clerk and Recorder by the Department of Planning Services. The plat shall be prepared
in accordance with the requirements of Section 23-2-260.D of the Weld County Code. The Mylar plat
and additional requirements shall be submitted within one hundred twenty (120) days from the date of
the Board of County Commissioners Resolution. The applicant shall be responsible for paying the
recording fee. (Department of Planning Services)
3. In accordance with Weld County Code Ordinance #2012-3, approved April 30, 2012, should the plat
not be recorded within the required one hundred twenty (120) days from the date of the Board of County
Commissioners Resolution, a $50.00 recording continuance charge shall added for each additional
three (3) month period. (Department of Planning Services)
4. The Department of Planning Services respectfully requests a digital copy of this "Use by Special
Review", as appropriate. Acceptable format is a projected ESRI shapefile (.shp, .shx, .dbf, .prj) with a
defined coordinate system (i.e., NAD 1983 UTM Zone 13N, WGS 1984, NAD 1983 HARN StatePlane
Colorado North FIPS 0501 (US Feet).... etc.). This digital file may be sent to
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)
B. A "Change of Use" building permit for the detached garage is required. A complete Code Analysis
(prepared by an architect), Floor plan, and Paint booth specifications will be required with the
building permit, along with MSDS sheets for the liquids/materials stored in the building. Electrical
systems within the building shall comply with the 2017 National Electrical. (Department of Building
Inspection)
Eddie Wright - Modified Cars Unlimited
USR18-0092, Page 6 of 11
C. The Applicant shall notify and comply with local fire district requirements. (Department of Building
Inspection)
6. Prior to the issuance of the Certificate of Occupancy:
A. In the event the applicant intends to utilize the existing septic system, 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)
7. Prior to Operation:
A. The applicant shall develop an Emergency Action and Safety Plan with the Office of Emergency
Management and the Fire District. The plan shall be reviewed on an annual basis by the Facility
operator, the Fire District and the Weld County Office of Emergency Management. Submit evidence
of acceptance to the Department of Planning Services. (Department of Planning Services)
8. The Use by Special Review activity shall not occur, nor shall any building or electrical permits be issued
on the property, until the Use by Special Review plat is ready to be recorded in the office of the Weld
County Clerk and Recorder or the applicant has been approved for an early release agreement.
(Department of Planning Services)
Eddie Wright - Modified Cars Unlimited
USR18-0092, Page 7 of 11
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Eddie Wright
Modified Cars Unlimited
USR18-0092
1. 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
(Vehicle Repair and Service, Automotive Body Shop), provided that the property is not a lot in an
approved or recorded subdivision plat or lots part of a map or plan filed prior to adoption of any
regulations controlling subdivisions in the A (Agricultural) Zone District, subject to the Development
Standards stated hereon. (Department of Planning Services)
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County
Code. (Department of Planning Services)
3. The hours of operation are 9:00 a.m. - 6:00 p.m. Monday - Friday as stated by the applicant and per
the application. (Department of Planning Services)
4. The number of on -site employees shall be three (3) as stated by the applicant and per the application.
(Department of Planning Services)
5. The parking area on the site shall be maintained. (Department of Planning Services)
6. 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)
7. The existing landscaping and fencing on the site shall be maintained. (Department of Planning
Services)
8. Sources of light shall be shielded so that beams or rays of light will not shine directly onto adjacent
properties. Sources of light should not cause a nuisance or interfere with the use on the adjacent
properties in accordance with the map. Neither the direct, nor reflected, light from any light source may
create a traffic hazard to operators of motor vehicles on public or private streets. No colored lights may
be used which may be confused with, or construed as, traffic control devices. (Department of Planning
Services)
9. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act,
30-20-100.5, C.R.S.) shall be stored and removed for final disposal in a manner that protects against
surface and groundwater contamination. (Department of Public Health and Environment)
10. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those
wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites and
Facilities Act, 30-20-100.5, C.R.S. (Department of Public Health and Environment)
11. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, fugitive
particulate emissions, blowing debris, and other potential nuisance conditions. The applicant shall
operate in accordance with Chapter 14, Article 1 of the Weld County Code. (Department of Public
Health and Environment)
12. Fugitive dust should attempt to be confined on the property. Uses on the property should comply with
the Colorado Air Quality Commission's air quality regulations. (Department of Public Health and
Environment)
Eddie Wright - Modified Cars Unlimited
USR18-0092, Page 8 of 11
13. All potentially hazardous 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)
14. 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)
15. The facility shall adhere to the maximum permissible noise levels allowed in the Residential Zone as
delineated in 25-12-103 C.R.S. (Department of Public Health and Environment)
16. Adequate drinking, hand washing and toilet facilities shall be provided for employees, at all times. For
employees or contractors on site for less than 2 consecutive hours a day, and 2 or less full time
employees on site, portable toilets and bottled water are acceptable. Records of maintenance and
proper disposal for portable toilets shall be retained on a quarterly basis and available for review by the
Weld County Department of Public Health and Environment. Portable toilets shall be serviced by a
cleaner licensed in Weld County and shall contain hand sanitizers. (Department of Public Health and
Environment)
17. 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)
18. A permanent, adequate water supply shall be provided for drinking and sanitary purposes. (Department
of Public Health and Environment)
19. 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)
20. As applicable, 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)
21. The property owner shall control noxious weeds on the site. (Department of Public Works)
22. The access to the site shall be maintained to mitigate any impacts to the public road including damages
and/or offsite tracking. (Department of Public Works)
23. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Department of Public Works)
24. 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)
25. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Public
Works)
26. Weld County is not responsible for the maintenance of onsite drainage related features. (Department
of Public Works)
27. Building permits may be required, per Section 29-3-10 of the Weld County Code. Currently, the
following have been adopted by Weld County: 2012 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)
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28. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code.
29. 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.
30. 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.
31. The facility shall notify the County of any revocation and/or suspension of any State issued permit.
(Department of Public Health and Environment)
32. The applicant shall notify the County upon receipt of any compliance advisory or other notice of non-
compliance of a State issued permit, and of the outcome or disposition of any such compliance advisory
or other notice of non-compliance. (Department of Public Health and Environment)
33. 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.
34. 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.
35. 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
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USR18-0092, Page 10 of 11
the fields, including the use of aerial spraying. It is common practice for agricultural producers to utilize
an accumulation of agricultural machinery and supplies to assist in their agricultural operations. A
concentration of miscellaneous agricultural materials often produces a visual disparity between rural
and urban areas of the County. Section 35-3.5-102, C.R.S., provides that an agricultural operation
shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance
employs methods or practices that are commonly or reasonably associated with agricultural production.
Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to
assume that ditches and reservoirs may simply be moved "out of the way" of residential development.
When moving to the County, property owners and residents must realize they cannot take water from
irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water.
Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice the
size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of state and
county roads outside of municipalities. The sheer magnitude of the area to be served stretches
available resources. Law enforcement is based on responses to complaints more than on patrols of
the County, and the distances which must be traveled may delay all emergency responses, including
law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must leave
their jobs and families to respond to emergencies. County gravel roads, no matter how often they are
bladed, will not provide the same kind of surface expected from a paved road. Snow removal priorities
mean that roads from subdivisions to arterials may not be cleared for several days after a major
snowstorm. Services in rural areas, in many cases, will not be equivalent to municipal services. Rural
dwellers must, by necessity, be more self-sufficient than urban dwellers.
People are exposed to different hazards in the County than in an urban or suburban setting. Farm
equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center
pivot operations, high speed traffic, sandburs, puncture vines, territorial farm dogs and livestock, and
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.
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DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.weldgov.com
E-MAIL: kogle@weldgov.com
PHONE: (970) 400-3549
FAX: (970) 304-6498
November 30, 2018
KURT ROLLIN
CES CONSULTANTS LLC
721 4TH ST STE I
FT LUPTON CO 80621
Subject: USR18-0092 - A Site Specific Development Plan and Special Review Permit for uses similar to
the uses listed as Uses by Special Review as long as the use complies with the general intent of the A
(Agricultural) Zone District, (Vehicle Service/Repair Establishment and Automotive Body Shop), provided
that the property is not a lot in an approved or recorded subdivision plat or lots parts of a map or plan
filed prior to adoption of any regulations controlling subdivisions in the A (Agricultural) Zone District
On parcel(s) of land described as:
PART E2SW4 SECTION 13, T4N, R66W LOT A REC EXEMPT RE -1861 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 January 30, 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,
Kim Ogle
Planner
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.weldgov.com
E-MAIL: kogle@weldgov.com
PHONE: (970) 400-3549
FAX: (970) 304-6498
September 13, 2018
Kurt Rollin
CES Consultants LLC
721 4`h Street, Suite I
Fort Lupton CO 80621
Subject: USR18-0092 - A Site Specific Development Plan and Use by Special Use Permit for any Use
permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the Commercial or
Industrial Zone Districts (Automotive Body Shop), provided that the property is not a lot in an approved
or recorded subdivision plat or lots parts of a map or plan filed prior to adoption of any regulations
controlling subdivisions in the A (Agricultural) Zone District
On parcel(s) of land described as:
PT E2SW4 SECTION 13 T4N R66W LOT A REC EXEMPT RE -1861 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:
Evans at Phone Number 970-475-1170
Gilcrest at Phone Number 970-737-2426
LaSalle at Phone Number 970-284-6931
It is recommended that you contact the listed Planning Departments for information regarding their
process and to answer any questions that might arise with respect to your application.
If you have any questions concerning this matter, please call.
Respectfully,
Planner
FIELD CHECK - USR18-0092
Inspection Date: December 24, 2018
Applicant: Eddie Wright
Request:
A Site Specific Development Plan and Special Review Permit for uses similar to the uses
listed as Uses by Special Review as long as the use complies with the general intent of
the A (Agricultural) Zone District, (Vehicle Service/Repair Establishment and Automotive
Body Shop), provided that the property is not a lot in an approved or recorded subdivision
plat or lots parts of a map or plan filed prior to adoption of any regulations controlling
subdivisions in the A (Agricultural) Zone District
Legal: Lot A Recorded Exemption RE -1861, being part of the E2 SW4 of Section 13, Township
4 North, Range 66 West of the 6th P.M., Weld County, CO
Location: North of and adjacent to County Road 44; west of and adjacent to County Road 35.5
Parcel ID #: 1057-13-3-00-067
Acres: 4.3 +/-
Zoning
Land Use
N
AGRICULTURE
N
Production agriculture - Pioneer Test plots
E
AGRICULTURE
E
Production agriculture
S
AGRICULTURE
S
Production agriculture
W
AGRICULTURE
W
Rural residence w outdoor unscreened storage
Comments:
The property is located off County Road 44 a paved two lane road and County Road 35.5 an all weather
road adjacent to the east. Internal driving surfaces are graveled and graded and there are concrete
aprons adjacent to the garage doors and adjacent to the larger of the two shop buildings. There is a split
rail vinyl white fence surrounding the residence yard and no fence to the west of the house where
historically there has been corn planted. A private lateral irrigation ditch flanks the north property line and
serves as the defacto property line.
Well manicured and mature vegetation and turf areas surround the residence.
Adjacent property uses include a multiple use USR north or CR 44 West of CR 39, and the former Big
Bend School, currently boarded and vacant is sited approximately 225 -feet from the property to the west.
Visual inspection identified no commercial uses present on the property.
Signature
❑ Access to Property, graveled and graded
❑ Site Distance, good visibility
❑ No Oil & Gas Structures on adjacent property
❑ Topography, generally no slope on this site
Note any commercial business/commercial vehicles that are operating from the site. None identified,
unless business is operating within one of the enclosed structures.
Hello