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LAND USE APPLICATION
SUMMARY SHEET
Michael Hall
USR18-0071
John E. and Alice Marie Kuersten
Hearing Date: December 4, 2018
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 (construction business storage yard for trucks,
trailers, pipe, materials and equipment) 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.
Lot B of Recorded Exemption RECX15-0156; being a part of the SW4 of Section 16,
T4N, R66W of the 6th P.M., Weld County, CO
East of and adjacent to County Road 29; approximately 0.32 miles north of County
Road 44
Size of Parcel: +1- 9.27 acres Parcel No. 1057-16-3-00-049
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:
v
Weld County Zoning Compliance, referral dated July 25, 2018
Colorado Division of Water Resources, referral dated July 25, 2018
Weld County Department of Public Works, referral dated August 21, 2018
Weld County Department of Public Health and Environment, referral dated August 13, 2018
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
V V V V V
Town of Gilcrest, referral dated August 14, 2018
Town of Platteville, referral dated August 28, 2018
Weld County Sheriff's Office, referral dated August 10, 2018
Central Weld County Water District, referral dated August 13, 2018
West Greeley Conservation District, referral dated August 17, 2018
Platteville-Gilcrest Fire Protection District, referral dated July 24, 2018
The Department of Planning Services' staff has not received responses from the following agencies:
▪ City of Evans
▪ Town of Milliken
▪ Weld County School District RE -1
▪ Weld County Department of Building Inspection
USR18-0071 - Kuersten
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Planner:
Case Number:
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SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
Michael Hall
USR18-0071
John E. and Alice Marie Kuersten
Hearing Date: December 4, 2018
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 (construction business storage yard for trucks,
trailers, pipe, materials and equipment) 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.
Lot B of Recorded Exemption RECX15-0156: being a part of the SW4 of Section 16,
T4N, R66W of the 6th P.M., Weld County, CO
East of and adjacent to County Road 29: approximately 0.32 miles north of County
Road 44
Size of Parcel: +1- 9.27 acres Parcel No. 1057-16-3-00-049
Case Summary:
The applicant is requesting a Site Specific Development Plan and Use by Special Review Permit for a
construction business storage yard including trucks, trailers, pipe, materials and equipment on a 9.27
acre parcel. Approximately 35,000 square -feet of the parcel is used for the gravel storage yard. The
applicants own and operate a civil engineering construction company and this site is used as the parking
and storage yard for this business.
The storage yard is located in the northern portion of the site. A building permit has been issued for a
3,600 square -foot personal garage, which is not part of the business, located south of the storage yard.
The property owners also plan to construct a residence on the parcel that will be south of the storage
yard. The garage and proposed residence will screen the commercial activity from the properties to the
south. A three -rail vinyl fence is located on the western lot line, adjacent to County Road 29. The storage
yard will be screened with a six-foot (6') cedar privacy fence. An existing earth berm is located to the west
of the storage yard and will further buffer the commercial activities from the roadway. No additional
landscaping is proposed and the existing native grass will be maintained. No buildings, lighting, signage
or additional access points are proposed. No painting, washing or on -site fuel storage is proposed, and
waste materials will not be stored on site.
The hours of operation of the business are 7:00 am to 7:00 am, Monday thru Saturday. Up to ten (10)
employees, not including the two (2) property owners, may access the site to pick-up and drop-off
commercial vehicles, equipment and materials. All external employees will be on -site for less than two (2)
hours at a time. Approximately twenty (20) roundtrips per day are anticipated for the operation and 80%
of the traffic will access the site from the north where there are less residences.
The site is currently in violation (ZCV18-00085) of Chapter 23 of the Weld County Code for not having the
necessary land use permits before operating a commercial storage operation. This case has not been
forwarded to the County Attorney's Office.
USR18-0071 - Kuersten
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If this application is approved by the Board of County Commissioners, it will correct the outstanding
violation. 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 thirty (30) days to
remove all but one (1) Commercial Vehicle and 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.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.
Productive agricultural activities are not readily supported on this parcel because of the
small lot size and lack of irrigation water. Additionally, the site is in a rural area but has
easy access to transportation networks with Highway 60, approximately one (1) mile to
the west and Highway 85, approximately two (2) miles to the east. There is a large
feedlot 0.5 miles to the north that makes the area unlikely for higher density residential
development. The commercial use is appropriate if the use is screened from adjacent
residential and agricultural uses. Additionally, the subject operation provides a needed
support service to the growing construction and infrastructure needs of Weld County.
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 are provided to the property. A water well (permit #267999)
provides water service to the property for future residential purposes. A septic system is
proposed for future residential purposes. No structures are proposed to be used for the
business. The business will be served by a portable toilet and bottled water will be
provided for employees when they are at the site.
Section 22-2-20.H.8 - A.Policy 8.4. states, "The land use applicants should demonstrate
that drainage providing stormwater management for the proposed land use change is
adequate for the type and style of development and meets the requirements of county,
state and federal rules and regulations."
The drainage narrative was submitted and reviewed by the Department of Public Works.
The site meets exception F.1.a.8 for sites where the development of the site does not
increase the imperviousness of the site.
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."
USR18-0071 - Kuersten
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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."
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, confined animal feeding
operations and miscellaneous commercial and industrial operations. There are five (5)
properties immediately adjacent to the site; two (2) with residences located on them. The
applicant does not own any other contiguous land. There are several USRs within one (1)
mile of this site. SUP -21 for a feedlot to the north. SUP -252 for a water recycling plant to
the northeast. MUSR15-0016 for fairgrounds and brewery to the southeast. USR-1185 for
a machine repair shop to the south. USR-1354 for a gravel mining to the northwest.
There are several USRs beyond the mile radius including recreational facilities, mineral
resource development facilities, oil and gas support and services operations, salvage and
sales yards, and industrial office parks.
The Weld County Department of Planning Services sent notice to seven (7) surrounding
property owners within 500 -feet of the proposed USR boundary. Planning staff received
five (5) letters in opposition to this USR and are Planning Commission Exhibits #1-5. Two
(2) letters were received from properties within 500 -feet notice area and three (3) letters
were received from properties outside the notice area. The letters outlined concerns with
noise, traffic safety, lowering property values, changing the neighborhood dynamic and
incompatibility with the area.
The Improvements Agreement, Conditions of Approval and Development Standards
should adequately address these concerns. Additionally, the existing berming and
fencing around the perimeter of the site and storage yard visually buffers the operation
from surrounding property owners and the roadways. The applicant has also indicated
that 80% of the commercial traffic will come from the north from County Road 46 where
only one (1) residence is located and 20% of the traffic will come from the south from
County Road 44 where five (5) residences are located (including the properties in
opposition) in an effort to reduce impacts to surrounding property owners.
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.
This site is located within the three (3) mile referral area of the City of Evans, Town of
Gilcrest, Town of Milliken and Town of Platteville. The Gilcrest and Platteville referral
responses, dated August 14 and August 28, 2018, stated no concerns. No responses
were received from Evans or Milliken.
The site is located within the Milliken and Platteville Coordinated Planning Agreement
(CPA) boundaries. As part of the pre -application process, Milliken and Platteville
submitted signed Notice of Inquiry forms that stating that they did not have annexation
interest. The site is not located in a Regional Urbanization Area (RUA) or Urban Growth
Boundary (UGB) 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 A -P (Airport) Overlay District, Geologic Hazard Overlay
District, a Special Flood Hazard Area or MS4 area.
USR18-0071 - Kuersten
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Building Permits issued on the lot will be required to adhere to the fee structure of the
County -Wide Road Impact Fee Program.
Building Permits issued on the proposed lot will be required to adhere to the fee structure
of the County Facility Fee and Drainage Impact Fee Programs.
F. Section 23-2-220.A.6 -- The applicant has demonstrated a diligent effort to conserve
prime agricultural land in the locational decision for the proposed use.
The site contains soils designated as "Prime (Irrigated) - Farmlands of National
Importance." The subject property is not currently used for agricultural purposes and will
not further remove any active farm ground from production. Due to the small size of the
property and being located in an area that has been thoroughly split by recorded
exemptions, it is not suitable for agricultural production.
G. Section 23-2-220.A.7 -- There is adequate provisions for the protection of the health,
safety, and welfare of the inhabitants of the neighborhood and County.
The Design Standards (Section 23-2-240, Weld County Code), Operation Standards
(Section 23-2-250, Weld County Code), Conditions of Approval and Development
Standards can ensure that there are adequate provisions for the protection of health,
safety, and welfare of the inhabitants of the neighborhood and County.
This recommendation is based, in part, upon a review of the application materials submitted by the
applicant, other relevant information regarding the request, and responses from referral entities.
The Department of Planning Services' staff recommendation for approval is conditional upon the
following:
1. Prior to recording the map:
A. The applicant shall submit a Landscape and Screening Plan for review and approval by the
Department of Planning Services. (Department of Planning Services)
B. The applicant shall address the requirements of the Colorado Division of Water Resources
regarding re -permitting the existing water well (permit # 267999), as stated in the referral
response dated July 25, 2018. Evidence of such shall be submitted in writing to the Weld
County Department of Planning Services. (Department of Planning Services)
C. An Improvements and Road Maintenance Agreement is required for off -site improvements at
this location. Road maintenance includes, but is not limited to, dust control and damage
repair to specified haul routes. The Agreement shall include provisions addressing
engineering requirements, submission of collateral, and testing and approval of completed
improvements. (Department of Public Works)
D. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR18-0071. (Department of Planning
Services)
2) The attached Development Standards. (Department of Planning Services)
3) The map shall be prepared per Section 23-2-260.D of the Weld County Code.
(Department of Planning Services)
4) Show and label the parking areas for commercial vehicle and employee vehicles.
(Department of Planning Services)
USR18-0071 - Kuersten
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5) Show and label the outdoor storage yard for equipment and materials. (Department
of Planning Services)
6) Show and label the existing and proposed landscaping, screening and berming.
(Department of Planning Services)
7) Show and label the location of the portable toilets. (Department of Planning Services)
8) Show and label the location of the trash collection areas. Section 23-3-250.A.6. of the
Weld County Code addresses the issue of trash collection areas. (Department of
Planning Services)
9) If applicable, signs shall be shown on the map and shall adhere to Chapter 23, Article
IV, Division 2, Section 23-2-240.A.12 and Appendices 23-C, 23-D and 23-E of the
Weld County Code. (Department of Planning Services)
10) 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 Standard. (Department of Planning Services)
11) If applicable, setback radiuses for existing oil and gas tank batteries and wellheads
shall be indicated on the map per the setback requirements of 23-3-50.E of the Weld
County Code. (Department of Planning Services)
12) Show and label all recorded easements and rights -of -way on the map by book and
page number or reception number. (Department of Planning Services)
13) County Road 29 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)
14) 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)
15) If applicable, show and label the entrance gate. 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)
16) The applicant shall show the drainage flow arrows. (Department of Public Works)
17) 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)
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3. In accordance with Weld County Code Ordinance #2012-3, approved April 30, 2012, should the
map not be recorded within the required one hundred twenty (120) days from the date of the
Board of County Commissioners Resolution, a $50.00 recording continuance charge shall added
for each additional three (3) month period. (Department of Planning Services)
4. The 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)
6. The Use by Special Review activity shall not occur, nor shall any building or electrical permits be
issued on the property, until the Use by Special Review map is ready to be recorded in the office
of the Weld County Clerk and Recorder or the applicant has been approved for an early release
agreement. (Department of Planning Services)
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
John and Alice Kuersten
USR18-0071
1. A Site Specific Development Plan and Use by Special Review Permit, USR18-0071, 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 (construction business storage yard for trucks, trailers, pipe, materials
and equipment) 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. (Department of Planning Services)
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld
County Code. (Department of Planning Services)
3. The hours of operation of the business is 7:00 am to 7:00 pm, Monday thru Saturday, during
which time employees may access the site to pick-up and drop-off, commercial vehicles,
equipment and materials. Commercial vehicles, equipment and materials will be stored on site
24 -hours a day. (Department of Planning Services)
4. The maximum number of external employees shall be ten (10). (Department of Planning
Services)
5. The maximum number of vehicles trips per day shall be twenty (20). (Department of Planning
Services)
6. The construction storage yard and commercial vehicle and employee parking areas on the site
shall be maintained. (Department of Planning Services)
7. The site shall be maintained in accordance with the approved Landscape and Screening Plan.
(Department of Planning Services)
8. 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)
9. The property owner shall control noxious weeds on the site. (Department of Public Works)
10. The access on the site shall be maintained to mitigate any impacts to the public road including
damages and/or off -site tracking. (Department of Public Works)
11. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Department of Public Works)
12. 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)
13. The property owner shall comply with all requirements provided in the executed Improvements
Agreement. (Department of Public Works)
14. The Improvements Agreement for this site shall be reviewed on an annual basis, including
possible updates (Department of Public Works)
15. The historical flow patterns and runoff amounts on the site will be maintained. (Department of
Public Works)
16. Weld County is not responsible for the maintenance of onsite drainage related features.
(Department of Public Works)
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17. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-
20-100.5, C.R.S.) shall be stored and removed for final disposal in a manner that protects against
surface and groundwater contamination. (Department of Public Health and Environment)
18. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those
wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites
and Facilities Act, Section 30-20-100.5, C.R.S. (Department of Public Health and Environment)
19. Waste materials shall be handled, stored, and disposed of in a manner that controls fugitive dust,
fugitive particulate emissions, blowing debris, and other potential nuisance conditions. The
applicant shall operate in accordance with Chapter 14, Article 1 of the Weld County Code.
(Department of Public Health and Environment)
20. 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)
21. 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)
22. Adequate drinking, hand washing and toilet facilities shall be provided for employees, at all times.
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. 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)
24. A permanent, adequate water supply shall be provided for drinking and sanitary purposes. The
existing well (permit 2679999) cannot be used for the business unless it is re -permitted to allow
commercial use. (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
where such would cause a nuisance or interfere with the use on the adjacent properties in
accordance with the plan. Neither the direct, nor reflected, light from any light source may create
a traffic hazard to operators of motor vehicles on public or private streets. No colored lights may
be used which may be confused with, or construed as, traffic control devices. (Department of
Planning Services)
27. A building permit may be required, per Section 29-3-10 of the Weld County Code. Currently the
following has been adopted by Weld County: 2012 International Codes; 2006 International
Energy Code; 2017 National Electrical Code; A building permit application must be completed
and two 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 registered State of Colorado engineer shall be required or an open hole inspection.
(Department of Building Inspection)
28. 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.
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29. 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.
30. 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.
31. 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.
32. 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)
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miles of state and County roads outside of municipalities. The sheer magnitude of the area to be
served stretches available resources. Law enforcement is based on responses to complaints
more than on patrols of the County, and the distances which must be traveled may delay all
emergency responses, including law enforcement, ambulance, and fire. Fire protection is usually
provided by volunteers who must leave their jobs and families to respond to emergencies.
County gravel roads, no matter how often they are bladed, will not provide the same kind of
surface expected from a paved road. Snow removal priorities mean that roads from subdivisions
to arterials may not be cleared for several days after a major snowstorm. Services in rural areas,
in many cases, will not be equivalent to municipal services. Rural dwellers must, by necessity, be
more self-sufficient than urban dwellers.
People are exposed to different hazards in the County than in an urban or suburban setting.
Farm equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps
and center pivot operations, high speed traffic, sand burs, puncture vines, territorial farm dogs
and livestock, and open burning present real threats. Controlling children's activities is important,
not only for their safety, but also for the protection of the farmer's livelihood.
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November 01, 2018
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.weldgov.com
E-MAIL: mhall@weldgov.com
PHONE: (970) 400-3528
FAX: (970) 304-6498
KUERSTEN JOHN
3954 HEATHERWOOD CIR
JOHNSTOWN, CO 80534
Subject: USR18-0071 - 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 (construction business storage yard for trucks, trailers, pipe, materials and
equipment) 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:
PART SW4 SECTION 16, T4N, R66W LOT B REC EXEMPT RECX15-0156 of the 6th P.M., Weld
County, Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on December 4, 2018, at 12:30
p.m. A subsequent hearing with the Board of County Commissioners will be held on January 16, 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,
Michael Hall
Planner
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.weldgov.com
E-MAIL: mhall@weldgov.com
PHONE: (970) 400-3528
FAX: (970) 304-6498
July 24, 2018
KUERSTEN JOHN
3954 HEATHERWOOD CIR
JOHNSTOWN, CO 80534
Subject: USR18-0071 - 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 (construction business storage yard for trucks, trailers, pipe, materials and
equipment) 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:
PART SW4 SECTION 16, T4N, R66W LOT B REC EXEMPT RECX15-0156 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
Platteville at Phone Number 970-785-2245
Milliken at Phone Number 970-587-4331
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,
Michael Hall
Planner
FIELD CHECK
Inspection Date: 11/21/2018
Planner: Michael Hall Hearing Date: December 4, 2018
Case Number: USR18-0071
Owner: John E. and Alice Marie Kuersten
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 (construction business storage yard for trucks, trailers, pipe,
materials and equipment) 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 B of Recorded Exemption RECX15-0156; being a part of the SW4 of Section 16,
T4N, R66W of the 6th P.M., Weld County, CO
Location: East of and adjacent to County Road 29; approximately 0.32 miles north of County Road 44
Size of Parcel: +/- 9.27 acres
Parcel No. 1057-16-3-00-049
Zoning
Land Use
N
A (Agricultural)
N
Agricultural / Residential
E
A (Agricultural)
E
Agricultural
S
A (Agricultural)
S
Residential
W
A (Agricultural)
W
Agricultural / Vacant / Wetland
COMMENTS:
There is one access into the site, east off of CR 29. There is a gate into the site which is at least 35 feet
from the edge of the gravel roadway. The site contains one existing outbuilding that is used for the
commercial business. There is a storage area between the outbuilding and residential lot to the north.
The storage area is screened from the lot to the north with a solid wood fence. The storage yard is
buffered from County Road 29 by a substantial dirt berm. No vehicles or employees were observed on
site. One flatbed trailer, one bobcat, one roll -off dumpster, one generator, one tank trailer, and two cargo
containers were located east of the berm and were only visible from certain angles. No equipment or
commercial operations are located near the road. A white, three -rail fence runs the entire length of the
western lot line; adjacent to County Road 29. No other equipment or materials were on site. There is
large pasture to the south of the outbuilding. No residences are on the site. The site appears to be well
maintained compared to surrounding properties.
Michael Hall, Planner
Hello