HomeMy WebLinkAbout20194246.tiff LAND USE APPLICATION
SUMMARY SHEET
Y
Planner: Maxwell Nader Hearing Date: September 3, 2019
Case Number: USR19-0045
Applicant: Joel Velasco, 16955 County Road 33, Platteville, CO 80651
Request: A Site Specific Development Plan and Use by Special Review Permit for any Use
permitted as a Use by Right, an Accessory Use or a Use by Special Review Permit in
the Commercial or Industrial Zone Districts (vehicle repair establishment including a
shop, truck and equipment storage, and up to 1 construction office trailer and 5 conex
containers) 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 of Recorded Exemption RECX19-0044; being a part of the NE4 of Section 10,
Description: Township 3, Range 66 West of the 6th P.M., Weld County, Colorado
Location: South of and adjacent to County Road 36; west of and adjacent to County Road 33
Size of Parcel: +1- 10 acres Parcel No. 1211-10-1-00-021
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 July 19, 2019
State of Colorado, Division of Water Resources, referral dated July 2, 2019
Weld County Department of Public Health and Environment, referral dated June 27, 2019
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
Town of Gilcrest, referral dated July 9, 2019
Colorado Parks and Wildlife, referral dated June 17, 2019
Y Weld County Sheriff's Office, referral dated June 24, 2019
Y Weld County School District RE-1, referral dated July 19, 2019
Y Weld County Zoning Compliance, referral dated June 18, 2019
The Department of Planning Services' staff has not received responses from the following agencies:
Y Town of Platteville
Y Platteville-Gilcrest Fire Protection District
Y Weld County Department of Building Inspection
USR19-0045, Joel Velasco, Page 1 of 11
SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
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Planner: Maxwell Nader Hearing Date: September 3, 2019
Case Number: USR19-0045
Applicant: Joel Velasco, 16955 County Road 33, Platteville, CO 80651
Request: A Site Specific Development Plan and Use by Special Review Permit for any Use
permitted as a Use by Right, an Accessory Use or a Use by Special Review Permit in
the Commercial or Industrial Zone Districts (vehicle repair establishment including a
shop, truck and equipment storage, and up to 1 construction office trailer and 5 conex
containers) 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 of Recorded Exemption RECX19-0044; being a part of the NE4 of Section 10,
Description: Township 3, Range 66 West of the 6th P.M., Weld County, Colorado
Location: South of and adjacent to County Road 36; west of and adjacent to County Road 33
Size of Parcel: +/- 10 acres Parcel No. 1211-10-1-00-021
Case Summary:
The applicant is requesting a Site Specific Development Plan and Use by Special Review Permit for a
commercial business (vehicle repair establishment) on a 10 acre parcel that was created via Recorded
Exemption RECX19-0044 which was recorded on June 13, 2019 Reception No. 4497359. Owned by the
applicant but will be leasing the area out to a trucking/crane company. The applicant will be working on the
trucks and maintaining their vehicles. Up to ten (10) pickup trucks, ten (10) semi-trucks, fifteen (15)trailers
and five(5)cranes will be on site as stated in the application materials. Five(5)conex containers will be on
site during construction. The vehicles and related equipment will be stored on site and will be dispatched
throughout the area when needed. The vehicles and related equipment will primarily be stored outside.
Lighting will be building-mounted and shielded from surrounding properties and rights-of-way. Employee
parking will be provided. The applicant is proposing opaque plastic fencing on the north and south side of
the property and a tree line of Spartan Juniper Trees along the east and west property lines to screen from
adjacent properties. No painting and little to no washing of vehicles are proposed and waste materials will
not be stored on-site.
A 15,000 square foot shop is proposed for office space, storage and maintenance of the vehicles. Outdoor
truck parking and storage of related equipment will be located to the south of the proposed shop and
employee parking will be north of the proposed shop. The hours of operation of the business are 7:00 am
to 5:00 pm, Monday through Friday. Up to fourteen (14) employees are proposed. Only seven (7) of the
employees will be on site full time,the other seven (7)do not work on site but do come and go when needed
for jobs. No shift work is proposed.
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.
USR19-0045, Joel Velasco, Page 2 of 11
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 commercial business will be located on a non-irrigated small recorded
exemption lot, so therefore will not take any prime agricultural land out of production. The
business will provide services for numerous industries including the oil and gas industry
within Weld County. This location of operations affords the applicant to live, maintain and
operate the business in close proximity to the areas that they serve. The property is also
located less than one mile from a Natural Gas Processing Plant permitted under USR18-
0019 and was approved and recorded. There are also other mineral resource and oil and
gas production facilities within one mile of the site.
Section 22-2-20.H. - A.Goal 8. States, "Ensure that adequate services and facilities are
currently available or reasonably obtainable to accommodate the requested new land use
change for more intensive development."
Water and septic service will be provided to the property. A commercial well permit for the
proposed site, well permit#313976, was issued on June 27,2019. A permit for an On-Site
Wastewater Treatment System (OWTS) (SP-1900151) has been applied for but has not
received final approval.
Section 22-2-20.1. A.Goal 9. states: "Reduce potential conflicts between varying land uses
in the conversion of traditional agricultural lands to other land uses."
Conditions of approval and development standards are proposed to address potential
impacts of this use including requiring landscaping around the proposed shop and yard, a
Road Maintenance and Improvements Agreement to address impacts to the adjacent
roads, noise standards and standards for disposal of wastes to reduce the potential for
nuisance conditions.
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.S. — Uses by special review, of the Weld County Code allows, "Any use
permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the
Commercial or Industrial zone districts,provided that the property is not a lot in an approved
or recorded subdivision plat or lots parts of a map or plan filed prior to adoption of any
regulations controlling subdivisions." This case was submitted and reviewed under the
former Weld County Code Section 23-3-40.S which allowed for the applicant to apply for a
USR for a commercial/industrial operation because the site is not located within a
subdivision or historic townsite.This request is no longer permitted however the application
USR19-0045, Joel Velasco, Page 3 of 11
was submitted on June 17, 2019 which was prior to the adoption of Ord 2019-02, effective
July 25, 2019.
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, oil and gas operations and
commercial/industrial operations. There are five (5) USRs within one mile of the subject
property including a second single family dwelling, an oil and gas support and service
facility, powerline, 10" natural gas line, and a commercial egg farm. There are several
USRs within two miles and of the site including a small scale solar facilities, kennels, oil
and gas support and service facilities, and mineral resource development facilities.
The Weld County Department of Planning Services sent notice to seven (7) surrounding
property owners within five-hundred (500) feet. Planning staff received one (1) letter in
opposition to this USR, dated June 25, 2019 from the property owner directly to the west.
The letter outlined concerns with death of agricultural land, heavy truck traffic, road
damage, groundwater contamination, and real property damage. It was unclear from the
letter whether certain complaints are related to the Anadarko site that was just permitted
under USR18-0019, which is approximately a mile from both the subject property and the
neighbor in opposition.
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 located within Platteville's Coordinated Planning Agreement
(CPA) The town indicated on the signed Notice of Inquiry form dated June 26, 2019 that
they are not interested in annexation and had no further comments. No referral response
received.
The site is also located within the three (3) mile referral area of Gilcrest. The Town of
Gilcrest in their referral comments, dated July 9, 2019 indicated that they have no
concerns.
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 Geologic Hazard Overlay District, a Special Flood Hazard
Area, Airport Overlay District or the Municipal Separate Storm Sewer System (MS4) area.
Building Permits issued on the lot will be required to adhere to the fee structure of the
County-Wide Road Impact Fee, 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 soil designation for the site is "Prime if the become irrigated" and "other land" per the
1979 Soil Conservation Service Important Farmlands of Weld County Map.With these soil
designations the site is not suitable for farming and therefore will not being taking any
agricultural land out of 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.
USR19-0045, Joel Velasco, Page 4 of 11
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. An Improvements and Road Maintenance Agreement with triggers for off-site improvements
is required at this location. Road maintenance includes, but is not limited to, dust control and
damage repair to specified haul routes. (Department of Public Works)
B. A Final Drainage Report and Certification of Compliance stamped and signed by a
Professional Engineer registered in the State of Colorado or a Drainage Narrative stamped
and signed by a Professional Engineer registered in the State of Colorado with a qualifying
exception is required. (Department of Public Works)
C. The map shall be amended to delineate the following:
1. All sheets of the map shall be labeled USR19-0045 (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 proposed landscaping and screening. (Department of Planning
Services)
5. Show and label the parking area for the commercial semi-trucks and trailers and the
parking area for employee vehicles. (Department of Planning Services)
6. The applicant shall show and label 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)
7. If applicable, the map shall delineate the lighting. All lighting shall be shielded so that
light rays will not shine directly onto adjacent properties in accordance with the Dark
Sky Policy. (Department of Planning Services)
8. If applicable, 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)
9. County Road 33 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 and label on the site map or plat the future and existing
right-of-way (along with the documents creating the existing right-of-way) and the
physical location of the road. All setbacks shall be measured from the edge of right-
of-way. This road is maintained by Weld County. (Department of Public Works)
USR19-0045, Joel Velasco, Page 5 of 11
10. County Road 36 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 and label on the site map or plat the future and existing
right-of-way (along with the documents creating the existing right-of-way) and the
physical location of the road. All setbacks shall be measured from the edge of right-
of-way. This road is maintained by Weld County. (Department of Public Works)
11. Show and label the approved tracking control on the site plan. (Department of Public
Works)
12. Show and label the 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. If applicable,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)
14. Show and label the drainage flow arrows. (Department of Public Works)
15. 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
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. Prior to Construction:
A. The approved access and tracking control shall be constructed prior to on-site construction.
(Department of Public Works)
B. If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required.
(Department of Public Works)
5. Prior to the issuance of the Certificate of Occupancy:
A. An On-Site Wastewater Treatment System (OWTS) is required for the shop and shall be
installed according to the Weld County On-Site Wastewater Treatment System Regulations.
The OWTS is required to be designed by a Colorado Registered Professional Engineer
according to the Weld County On-Site Wastewater Treatment System Regulations.
(Department of Public Health and Environment)
USR19-0045, Joel Velasco, Page 6 of 11
6. The Use by Special Review Permit is not perfected until the Conditions of Approval are completed
and the map is recorded. Activity shall not occur, nor shall any building or electrical permits be
issued on the property, until the Use by Special Review 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)
USR19-0045, Joel Velasco, Page 7 of 11
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Joel Velasco
USR19-0045
1. A Site Specific Development Plan and Use by Special Review Permit, USR19-0045, any Use permitted
as a Use by Right, an Accessory Use or a Use by Special Review Permit in the Commercial or Industrial
Zone Districts (vehicle repair establishment including a shop, truck and equipment storage) 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 hours of operation are 7:00 a.m. — 5:00 p.m. Monday — Friday, as requested in the application
material. (Department of Planning Services)
4. The number of on-site employees shall be up to fourteen (14) as stated in the application materials.
(Department of Planning Services)
5. The number of commercial trucks shall be up to ten (10) as stated in the application materials.
(Department of Planning Services)
6. The number of semi-trucks shall be up to ten (10) as stated in the application materials. (Department
of Planning Services)
7. The number of cranes shall be up to five (5) as stated in the application materials. (Department of
Planning Services)
8. The number of conex containers shall be up to five (5) as stated in the application materials.
(Department of Planning Services)
9. The number of trailers shall be up to fifteen (15) as stated in the application materials. (Department of
Planning Services)
10. The commercial vehicle and employee parking area on the site shall be maintained. (Department of
Planning Services)
11. The proposed landscaping/screening on the site shall be maintained. (Department of Planning
Services)
12. 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)
13. 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 and the Dark Sky Policy. 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)
14. 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)
USR19-0045, Joel Velasco, Page 8 of 11
15. 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)
16. 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)
17. 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)
18. Adequate drinking, hand washing, and toilet facilities shall be provided for employees, at all times. Any
On-site Wastewater Treatment system located on the property must comply with all provisions of the
Weld County Code, pertaining to Systems. (Department of Public Health and Environment)
19. A permanent, adequate water supply shall be provided for drinking and sanitary purposes. (Department
of Public Health and Environment)
20. 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)
21. Process wastewater (such as floor drain wastes) shall be captured in a watertight vault and hauled off
for proper disposal. Records of installation, maintenance, and proper disposal shall be retained.
(Department of Public Health and Environment)
22. All 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)
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. 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)
25. 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)
26. The access to the site shall be maintained to mitigate any impacts to the public road, including damages
and/or off-site tracking. (Department of Public Works)
27. There shall be no parking or staging of vehicles on public roads. On-site parking shall be utilized.
(Department of Public Works)
28. 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)
29. The Property Owner shall comply with all requirements provided in the executed Improvements and
Road Main. (Department of Public Works)
USR19-0045, Joel Velasco, Page 9 of 11
30. The Improvements and Road Maintenance Agreement for this site may be reviewed on an annual
basis, including a site visit and possible updates. (Department of Public Works)
31. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Public
Works)
32. Weld County is not responsible for the maintenance of onsite drainage related features. (Department
of Public Works)
33. 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)
34. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code.
35. 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.
36. 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.
37. 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.
38. 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.
39. 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,
USR19-0045, Joel Velasco, Page 10 of 11
and the rural atmosphere and way of life. Without neighboring farms,those features which attract urban
dwellers to rural Weld County would quickly be gone forever.
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area. Well-run agricultural activities
will generate off-site impacts, including noise from tractors and equipment; slow-moving farm vehicles
on rural roads; dust from animal pens, field work, harvest and gravel roads; odor from animal
confinement, silage and manure; smoke from ditch burning;flies and mosquitoes; hunting and trapping
activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and fertilizers in
the fields, including the use of aerial spraying. It is common practice for agricultural producers to utilize
an accumulation of agricultural machinery and supplies to assist in their agricultural operations. A
concentration of miscellaneous agricultural materials often produces a visual disparity between rural
and urban areas of the County. Section 35-3.5-102, C.R.S., provides that an agricultural operation
shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance
employs methods or practices that are commonly or reasonably associated with agricultural production.
Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to
assume that ditches and reservoirs may simply be moved "out of the way" of residential development.
When moving to the County, property owners and residents must realize they cannot take water from
irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water.
Weld County covers a land area of approximately four thousand (4,000)square miles in size (twice the
size of the State of Delaware)with more than three thousand seven hundred (3,700)miles of state and
county roads outside of municipalities. The sheer magnitude of the area to be served stretches
available resources. Law enforcement is based on responses to complaints more than on patrols of
the County, and the distances which must be traveled may delay all emergency responses, including
law enforcement, ambulance,and fire. Fire protection is usually provided by volunteers who must leave
their jobs and families to respond to emergencies. County gravel roads, no matter how often they are
bladed, will not provide the same kind of surface expected from a paved road. Snow removal priorities
mean that roads from subdivisions to arterials may not be cleared for several days after a major
snowstorm. Services in rural areas, in many cases, will not be equivalent to municipal services. Rural
dwellers must, by necessity, be more self-sufficient than urban dwellers.
People are exposed to different hazards in the County than in an urban or suburban setting. Farm
equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center
pivot operations, high speed traffic, sandburs, puncture vines, territorial farm dogs and livestock, and
open burning present real threats. Controlling children's activities is important, not only for their safety,
but also for the protection of the farmer's livelihood.
USR19-0045, Joel Velasco, Page 11 of 11
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.weldgov.com
E-MAIL: mnader@weldgov.com
PHONE: (970)400-400-3527
r FAX: (970) 304-6498
August 5, 2019
JOEL VELASCO
16955 CR 33
PLATTEVILLE CO 80651
Subject: USR19-0045 - A Site Specific Development Plan and Use by Special Review Permit for any
Use permitted as a Use by Right, an Accessory Use or a Use by Special Review Permit in the
Commercial or Industrial Zone Districts (vehicle repair establishment including a shop, truck and
equipment storage) 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:
LOT A2ND AMD REC EXEMPT RE-2031, PART E2NE4 SECTION 10, T3N, R66W OF THE 6TH P.M.,
WELD COUNTY, COLORADO.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on September 3, 2019, at
12:30 p.m. A subsequent hearing with the Board of County Commissioners will be held on October 2,
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.weld cou ntyp la n ning cases.o rq
If you have any questions concerning this matter, please call.
Respectfully,
Maxwell Nader
Planner
iQ4Ao. DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.weldgov.com
E-MAIL: mnader@weldgov.com
' PHONE: (970)400-400-3527
FAX: (970) 304-6498
June 17, 2019
JOEL VELASCO
16955 COUNTY ROAD 33
PLATTEVILLE CO 80651
Subject: USR19-0045 - A Site Specific Development Plan and Use by Special Review Permit for any
Use permitted as a Use by Right,
an Accessory Use or a Use by Special Review Permit in the Commercial or Industrial Zone Districts
(vehicle repair establishment including a shop, truck and equipment storage) 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 E2NE4 SECTION 10 T3N R66W LOT A 2ND AMD REC EXEMPT RE-2031 (1.60R) 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:
Gilcrest at Phone Number 970-737-2426
Platteville at Phone Number 970-785-2245
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,
Maxwell Nader
Planner
FIELD CHECK
Inspection date: August 23, 2019
CASE NUMBER: USR19-0045
APPLICANT: Joel Velasco, 16955 County Road 33, Platteville, CO 80651
LEGAL DESCRIPTION: Lot A of Recorded Exemption RECX19-0044; being a part of the
NE4 of Section 10, Township 3, Range 66 West of the 6th P.M.,
Weld County, Colorado
LOCATION: South of and adjacent to County Road 36; west of and adjacent to
County Road 33
Zoning Land Use
N A(Agricultural) N Open space/Agriculture
E A(Agricultural) E Agricultural / Rural Residential
S A(Agricultural) S Agricultural / Rural Residential
W A(Agricultural) W Agricultural / Farmland
COMMENTS:
The site contains trucks and related equipment of the business. It is unclear if the business is being
operated or if the vehicles and related equipment are just being stored. There appeared to be five (5) pick
up trucks three (3) semi-trucks and around ten (10)trailers.
l
Maxwell Nader, Planner I 08/23/2019
Hello