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Home My WebLink About20193719.tiffLAND USE APPLICATION SUMMARY SHEET Planner: Angela Snyder Hearing Date: 7/16/2019 Case Number: USR19-0027 Applicant: Sergio and Emma Vargas, 800 First Street, Kersey CO 80644 Representative: Mark Taylor, Alles, Taylor & Duke, LLC Request: A Site Specific Development Plan and Use by Special Review Permit for a Mineral Resource Development Facility: Oil and Gas Support and Service (Parking of three (3) commercial vehicles) in the A (Agricultural) Zone District. Legal Lot A of Recorded Exemption RECX16-0160, being a part of the E2NE4 of Section Description: 20, Township 4 North, Range 64 West of the 6th P.M, Weld County, Colorado Location: South of and adjacent to County Road 44, approximately 700 feet west of County Road 53 Size of Parcel: +/- 3.4 acres Parcel No. 1053-20-1-00-013 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 May 10, 2019 ▪ Platte Valley Fire Protection District, referral dated May 20, 2019 ▪ Central Weld County Water District, referral dated May 23, 2019 ▪ Farmers Reservoir and Irrigation Company (Gilmore Canal), referral dated June 3, 2019 ▪ Weld County Department of Public Health and Environment, referral dated June 3, 2019 ▪ Weld County Department of Public Works, referral dated June 26, 2019 The Department of Planning Services' staff has received referral responses without comments from the following agencies: Y West Greeley Conservation District, referral dated May 13, 2019 Y Weld County Sheriff's Office, referral dated May 31, 2019 The Department of Planning Services' staff has not received responses from the following agencies: Y Weld County School District RE -7 USR19-0027 - Vargas Page 1 SPECIAL REVIEW PERMIT ADMINISTRATIVE REVIEW Planner: Angela Snyder Hearing Date: 7/16/2019 Case Number: USR19-0027 Applicant: Sergio and Emma Vargas Representative: Mark Taylor c/o Alles, Taylor & Duke, LLC Request: A Site Specific Development Plan and Use by Special Review Permit for a Mineral Resource Development Facility: Oil and Gas Support and Service (Parking of three (3) commercial vehicles) in the A (Agricultural) Zone District. Legal Lot A of Recorded Exemption RECX16-0160, being a part of the E2NE4 of Section Description: 20, Township 4 North, Range 64 West of the 6th P.M, Weld County, Colorado Location: South of and adjacent to County Road 44, approximately 700 feet west of County Road 53 Size of Parcel: +/- 3.4 acres Parcel No. 1053-20-1-00-013 Case Summary: The applicant is proposing to have three trucks on site. The trucks are used for hauling water for oil and gas operations (flow back and freshwater). Hours of operation are 24/7 with six employees associated with the business. The proposal also includes a future 65' x 20' shop that will be used for business and personal storage. As several residences are in the area, the Planning Department is recommending the parking area for the commercial vehicles be screened from adjacent properties and the right-of-way. The original application called out ten (10) commercial vehicles, however due to engineering costs, the proposal was reduced to three (3). An active zoning complaint (COMP19-0117) exists on the property due to the parking of three or more commercial vehicles without first completing the necessary land use permits. This case has not been forwarded to the County Attorney. Approval of this application by the Board of County Commissioners would correct the outstanding complaints. If this application is denied, the Department of Planning Services asks that the Board refer this case to the County Attorney's Office for legal action, but to delay legal action for 30 (thirty) days to remove all associated commercial storage and operations from the property. DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS: 1. The submitted materials are in compliance with the application requirements of Section 23-2-260 of the Weld County Code. 2. It is the opinion of the Department of Planning Services' staff that the applicant has shown compliance with Section 23-2-220 of the Weld County Code as follows: A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other applicable code provisions or ordinance in effect. Section 22-2-20.G. A.Goal 7. County land use regulations should protect the individual property owner's right to request a land use change. USR19-0027 - Vargas Page 2 The trucking company works with several oil and gas companies removing water and bringing fresh water to sites located within the agricultural area. The small number of trucks will limit the impacts to adjacent properties. Section 22-2-80.F.2. I.Policy 6.2. Support the use of visual and sound barrier landscaping to screen open storage areas from residential uses or public roads. A Landscape and Screening Plan has been requested as a Condition of Approval to separate the business from adjacent properties and rights -of -way. The proposed use is in an area that can support this development, as the required screening, the Development Standards, and the Conditions of Approval will assist in mitigating the impacts of the facility on the adjacent properties and ensure compatibility with surrounding land uses and the region. 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 ...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. The parking of more than two trucks requires a Use by Special Review so that potential impacts can be mitigated. Section 23-3-40.A. Mineral resource development facilities including:...2. Oil and Gas Support and Service. The trucking business supports the oil and gas industry in Weld County, which requires a Use by Special Review as an Oil and Gas Support and Service facility. C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing surrounding land uses. The adjacent lands consist of pastures, crops, and rural residences. The closest residence is about 220 feet west of the site. There are at least ten (10) residences within a half mile of the property. The Department of Planning Services sent notice to six (6) Surrounding Property Owners. Planning staff received correspondence from three (3) surrounding property owners within 500 feet of the parent parcel and one (1) more from a property outside of the notification area. The letters outline concerns about traffic, poor visibility on County Road 44, industrial use of the site, the access easement through the property to another property, waste, noise, environmental impacts, and hours of operation. There are four (4) USRs within one mile of the site. USR15-0004 for semi parking and a shop, USR-1140AM for a 4,000 head dairy, CUP -31 for a single family residence, and USR12-0052 for a non -1041 major facility. The Conditions of Approval require that the applicant submit an Improvements and Road Maintenance Agreement and a Landscape and Screening Plan. The Development Standards and Conditions of Approval will assist in mitigating the impacts of the facility on the adjacent properties and ensure compatibility with surrounding land uses and the region. 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 USR19-0027 - Vargas Page 3 applicable code provisions or ordinances in effect, or the adopted Master Plans of affected municipalities. The site is not located within a three (3) mile referral area of any municipality, nor is it located within any existing Intergovernmental Agreement Area (IGA) of a municipality. 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 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. Building Permits issued on the 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 entirely located on 3.4 acres of Irrigated Land [Not Prime] per the 1979 Soil Conservation Service Important Farmlands of Weld County Map and no prime soils are affected by this proposal. 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 plat: A. The applicant shall address the requirements of the Platte Valley Fire Protection District, as stated in the referral response dated May 20, 2019. Written evidence of such shall be submitted to the Weld County Department of Planning Services. (Department of Planning Services) B. The applicant shall address the requirements of the Central Weld County Water District, as stated in the referral response dated May 23, 2019. Written evidence of such shall be submitted to the Weld County Department of Planning Services. (Department of Planning Services) C. The applicant shall attempt to address the requirements of the Farmers Reservoir and Irrigation Company, as stated in the referral response dated June 3, 2019. 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 Landscape and Screening Plan that screens the site from the Surrounding Property Owners and the right-of-way. (Department of Planning Services) E. The applicant shall submit a Lighting Plan that delineates proposed lighting on site. All lighting shall comply with Section 23-3-250.B.6 of the Weld County Code. F. An Improvements and Road Maintenance Agreement is required for off -site improvements USR19-0027 - Vargas Page 4 at this location. Road maintenance includes but is not limited to damage repair to specified haul routes and future improvement triggers. (Department of Public Works) G. A Final Drainage Report and Certification of Compliance stamped and signed by a Professional Engineer registered in the State of Colorado is required. (Department of Public Works) H. The map shall be amended to delineate the following: 1. All sheets of the map shall be labeled USR19-0027 (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 delineate the landscaping and/or screening in accordance with the approved Landscape and Screening Plan. (Department of Planning Services) 6. The map shall delineate the onsite lighting in accordance with the approved Lighting Plan. (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 delineate the screened parking area. (Department of Planning Services) 9. County Road 44 is a paved road and is designated on the Weld County Functional Classification Map as a collector road which requires 80 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) 10. 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) 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. Show and label the 30 -foot access and utility easement to provide legal access to the parcel on the site plan. (Department of Public Works) 14. 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) USR19-0027 - Vargas Page 5 15. Show and label 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) 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 plat 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. The Use by Special Review is not perfected until the Conditions of Approval are completed and the map is recorded. Activity shall not occur, nor shall any building or electrical permits be issued on the property, until the Use by Special Review map is ready to be recorded in the office of the Weld County Clerk and Recorder or the applicant has been approved for an early release agreement. (Department of Planning Services) USR19-0027 - Vargas Page 6 SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Sergio and Emma Vargas USR19-0027 1. A Site Specific Development Plan and Use by Special Review Permit, USR19-0027, for a Mineral Resource Development Facility: Oil and Gas Support and Service (Parking of three (3) commercial vehicles) 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 twenty-four hours a day, Monday - Sunday. (Department of Planning Services) 4. The number of employees shall be up to six (6) as stated in the application materials. (Department of Planning Services) 5. The screenedparking 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 proposed landscaping and screening on the site shall be maintained in accordance with the approved Landscape and Screening Plan. (Department of Planning Services) 8. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, Section 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) 9. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites and Facilities Act, Section 30-20-100.5, C.R.S. (Department of Public Health and Environment) 10. 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) 11. 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) 12. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized. (Department of Public Works) 13. Any work that may occupy and or encroach upon any County rights -of -way or easement shall acquire an approved Right -of -Way Use Permit prior to commencement. (Department of Public Works) 14. The Property Owner shall comply with all requirements provided in the executed Improvements Agreement. (Department of Public Works) 15. The Improvements Agreement for this site may be reviewed on an annual basis, including a site visit and possible updates. (Department of Public Works) 16. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Public Works) 17. Weld County is not responsible for the maintenance of onsite drainage related features. (Department of Public Works) USR19-0027 - Vargas Page 7 18. 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. The accepted dust and waste management plan shall be adhered to. (Department of Public Health and Environment) 19. 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) 20. 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) 21. The facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone as delineated in 25-12-103 C.R.S. (Department of Public Health and Environment) 22. 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) 23. Adequate drinking, hand washing, and toilet facilities shall be provided for employees and patrons of the facility, at all times. A permanent, adequate water supply shall be provided for drinking and sanitary purposes. (Department of Public Health and Environment) 24. 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, contain hand sanitizers and be screened from existing adjacent residential properties and public rights -of -way. (Department of Public Health and Environment) 25. 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) 26. Sources of light shall be shielded so that light rays 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) 27. Building permits may be required, for any new construction or set up manufactured structure, per Section 29-3-10 of the Weld County Code. A building permit application must be completed and submitted. Buildings and structures shall conform to the requirements of the various codes adopted at the time of permit application. Currently the following has been adopted by Weld County: 2018 International Building Codes; 2018 International Residential Code; 2006 International Energy Code; 2017 National Electrical Code; and Chapter 29 of the Weld County Code. A plan review shall be approved, and a permit must be issued prior to the start of construction. (Department of Building Services) 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. (Department of Planning Services) 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. (Department of Planning Services) USR19-0027 - Vargas Page 8 30. The Use by Special Review is riot perfected until the Conditions of Approval are completed and the map is recorded. Activity shall not occur, nor shall any building or electrical permits be issued on the property, until the Use by Special Review map is ready to be recorded in the office of the Weld County Clerk and Recorder or the applicant has been approved for an early release agreement. (Department of Planning Services) 31. The Use by Special Review area shall be limited to the plans shown hereon and governed by the foregoing standards and all applicable Weld County regulations. Substantial changes from the plans or Development Standards, as shown or stated, shall require the approval of an amendment of the Permit by the Weld County Board of County Commissioners before such changes from the plans or Development Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. (Department of Planning Services) 32. 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. 33. 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 USR19-0027 - Vargas Page 9 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. USR19-0027 - Vargas Page 10 June 07, 2019 DEPARTMENT OF PLANNING SERVICES 1555 N 17th AVE GREELEY, CO 80631 WEBSITE: www.weldgov.com E-MAIL: asnyder@weldgov.com PHONE: (970) 400-3525 FAX: (970) 304-6498 TAYLOR MARK 3610 35TH AVE UNIT 6 EVANS, CO 80620 Subject: USR19-0027 - 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 (commercial trucking business with three (3) trucks) provided that the property is not a lot in an approved or recorded subdivision plat or lots part of a map or plan filed prior to adoption of any regulations controlling subdivisions in the A (Agricultural) Zone District. On parcel(s) of land described as: LOT A REC EXEMPT RECX16-0160, E2 NE4 SECTION 20, T4N, R64W OF THE 6TH P.M., WELD COUNTY, COLORADO. Dear Applicants: I have scheduled a meeting with the Weld County Planning Commission on July 16, 2019, at 12:30 p.m. A subsequent hearing with the Board of County Commissioners will be held on August 21, 2019 at 10:00 a.m. Both hearings will be held in the Hearing Room, Weld County Administration Building, 1150 O Street, Greeley, Colorado. It is recommended that you and/or a representative be in attendance to answer any questions the Planning Commission members or Board of County Commissioners may have. Colorado Revised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01-1088) requires notification of all mineral estate owners 30 days prior to any public hearing. The applicant needs to provide the Weld County Planning Department with written certification indicating the above requirement has been met. A representative from the Department of Planning Services will be out to the property a minimum of ten days prior to the hearing to post a sign adjacent to and visible from a publicly maintained road right-of-way which identifies the hearing time, date, and location. In the event the property is not adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent place on the property and a second sign posted at the point at which the driveway (access drive) intersects a publicly maintained road right-of-way. The Department of Planning Services' staff will make a recommendation concerning this application to the Weld County Planning Commission and will be included in the staff report one week prior to the scheduled Planning Commission hearing. You may view the staff report at www.weldcountyplanningcases.org If you have any questions concerning this matter, please call. Respectfully, Angela Snyder Planner DEPARTMENT OF PLANNING SERVICES 1555 N 17th AVE GREELEY, CO 80631 WEBSITE: www.weldgov.com E-MAIL: asnyder@weldgov.com PHONE: (970) 400-3525 FAX: (970) 304-6498 May 06, 2019 TAYLOR MARK 3610 35TH AVE UNIT 6 EVANS, CO 80620 Subject: USR19-0027 - 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 (commercial trucking business) provided that the property is not a lot in an approved or recorded subdivision plat or lots part of a map or plan filed prior to adoption of any regulations controlling subdivisions in the A (Agricultural) Zone District. On parcel(s) of land described as: LOT A REC EXEMPT RECX16-0160, E2 NE4 SECTION 20, T4N, R64W 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. If you have any questions concerning this matter, please call. Respectfully, {/ f Angela Snyder Planner DRAINAGE REPORT REVIEW CHECKLIST Project Name: USR19-0027 Vargas The purpose of this checklist is to provide the applicant's Engineer a basic list of items that County Staff will review in regards to a drainage report. The drainage design shall meet the requirements of the Weld County Code and commonly accepted engineering practices and methodologies. A detention pond design (or other stormwater mitigation design) is appropriate for projects which have a potential to adversely affect downstream neighbors and public rights -of -way from changes in stormwater runoff as a result of the development project. The design engineer's role is to ensure adjacent property owners are not adversely affected by stormwater runoff created by development of the applicant's property. REPORT (0 = complete, ❑ = required) ©Stamped by PE, scanned electronic PDF acceptable ❑Certification of Compliance ❑Variance request, if applicable Description/Scope of Work Number of acres for the site ❑Methodologies used for drainage report & analysis Design Parameters ❑Design storm ❑Release rate ❑URBANIZING or NON -URBANIZING ©Overall post construction site imperviousness ©Soils types Ix❑ Discuss how the offsite drainage is being routed ❑Conclusion statement must also include the following ❑Indicate that the historical flow patterns and run-off amounts will be maintained in such a manner that it will reasonably preserve the natural character of the area and prevent property damage of the type generally attributed to run-off rate and velocity increases. diversions. concentration and/or unplanned ponding of storm run-off for the 100 -year storm. ❑How the project impacts are mitigated. Construction Drawings ❑Drawings stamped by PE, (scanned electronic PDF preferred) Drainage facilities ❑Outlet details ❑Spillway Maintenance Plan ❑Frequency of onsite inspections ❑Repairs, if needed ❑Cleaning of sediment and debris from drainage facilities - See #1 Below ❑Vegetation maintenance ❑Include manufacturer maintenance specifications, if applicable Comments: 1. The report specifies how often cleanings of the sediment will be needed. It may be better to summarize the signs of when the sediment needs to be removed than giving a specific time period. More silting may occur than what is designated in the report. 2. The 5 -year historic runoff is used as the design storm and the release rate. This site is non -urbanizing. The 10 - year historic runoff rate may be used. 3. The swale on site needs to be able to safely convey the 100 -year storm to the pond. 4/11/2018 Atii Weld County Department of Public Works/ Development Review 1111 H Street, Greeley, CO 80631 I Ph: 970-400-3750 I Fax: 970-304-6497 www.weldgov.com/departments/public works/development_ review/ DRAINAGE REPORT REVIEW CHECKLIST 4. There is a 12" pipe used to connect the ponds. Address the 12' pipe in the maintenance plan. Show the volume of both ponds on the drawing. 5. The Regional Tc (Urban Check) should not be used for the historic runoff calculations. 6. Please clarify why there are multiple flow paths in one drainage basin. 7. Please clarify will any development occur in Basin 2? 8. The volume of the pond on the UD-Detention worksheet is 23167 CF and the volume required on the stage - storage worksheet is 25129 CF. Please correct for consistency. 9. With type A soils. the USDCM table 8-1 recommends permanent erosion control with a Froude number over 0.6 10. Please include spillway calculations. 11. Once the revised design and drainage report have been submitted, the County may provide additional comments in addition to the ones listed above. Depending on the complexity of the changes made. a full 28 -day review period may be required. 12. Please provide a written response on how the above comments have been addressed when resubmitting the drainage report. Thank -you. 4/11/2018 ut Weld County Department of Public Works! Development Review 1111 H Street, Greeley, CO 80631 I Ph: 970-400-3750 I Fax: 970-304-6497 www.weldgov.com/departments/public works/development_ review/ FIELD CHECK Inspection Date: 6/19/2019 Planner: Angela Snyder Hearing Date: 7/16/2019 Case Number: USR19-0027 Applicant: Sergio and Emma Vargas Representative: Mark Taylor c/o Alles, Taylor & Duke, LLC Request: A Site Specific Development Plan and Use by Special Review Permit for a Use Permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the Commercial or Industrial Zone Districts (commercial trucking business with three (3) trucks) 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 of Recorded Exemption RECX16-0160, being a part of the E2NE4 of Section Description: 20, Township 4 North, Range 64 West of the 6th P.M, Weld County, Colorado Location: South of and adjacent to County Road 45, approximately 700 feet west of County Road 53 Size of Parcel: +/- 3.4 acres Parcel No. 1053-20-1-00-013 Zoning Land Use N A (Agricultural) N Ag, Rural Residential (350 FT) E A (Agricultural) E Ag, Rural Residential (750 FT) S A (Agricultural) S Ag, Rural Residential (850 FT) W A (Agricultural) W Rural Residential (180 FT), Ag COMMENTS: There are several homes within the vicinity located on RE lots. One of the homes has USR15- 0004 for semi -truck parking and there are several trucks on site. The neighbor to the north has several cargo containers (more than allowed by right). Other neighbors have trucks and equipment. , l t r i 4(C Angela'Snyder, Planne? Hello