HomeMy WebLinkAbout20194573.tiffLAND USE APPLICATION
SUMMARY SHEET
Planner: Michael Hall Hearing Date: October 15, 2019
Case Number: USR19-0048
Owner: David C. & Cynthia A. Stark, 25311 CR 49, Greeley, CO 80631
Request:
A Site Specific Development Plan and Use by Special Review Permit for one (1) single-
family dwelling unit per lot other than those permitted under Section 23-3-20.A. (second
single-family dwelling unit) and 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
(semi -truck parking) 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 B of Recorded Exemption RECX17-0189; being a part of the NE4SE4 of Section
Description: 25, T5N, R65W of the 6th P.M., Weld County, CO
Location:
West of and adjacent to County Road 49; approximately 0.27 miles north of County
Road 52
Size of Parcel: +1- 5 acres Parcel No. 0961-25-4-00-051
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:
Central Weld County Water District, referral dated July 17, 2019
Y Weld County Department of Public Works, referral dated July 23, 2019
Y Weld County Department of Public Health and Environment, referral dated July 26, 2019
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
Y Town of Kersey, referral dated July 25, 2019
▪ Weld County Zoning Compliance, referral dated July 19, 2019
▪ Weld County School District RE -7, referral dated July 15, 2019
▪ Platte Valley Fire Protection District, referral dated July 11, 2019
▪ West Greeley Conservation District, referral dated August 12, 2019
The Department of Planning Services' staff has not received responses from the following agencies:
Greeley -Weld County Airport
Weld County Assessor's Office
USR18-0048 - Stark
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SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
Planner: Michael Hall Hearing Date: October 15, 2019
Case Number: USR19-0048
Owner: David C. & Cynthia A. Stark
Request: A Site Specific Development Plan and Use by Special Review Permit for one (1) single-
family dwelling unit per lot other than those permitted under Section 23-3-20.A. (second
single-family dwelling unit) and 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
(semi -truck parking) 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 B of Recorded Exemption RECX17-0189; being a part of the NE4SE4 of Section
Description: 25, T5N, R65W of the 6th P.M., Weld County, CO
Location:
West of and adjacent to County Road 49; approximately 0.27 miles north of County
Road 52
Size of Parcel: +/- 5 acres Parcel No. 0961-25-4-00-051
Case Summary:
The applicant is requesting a Site Specific Development Plan and Use by Special Review Permit for an
existing commercial trucking business (including outdoor truck parking and office) and an existing second
home on a five (5) acre parcel. The applicants own and operate the trucking company known as Dandy
Transport, LLC. Up to nine (9) semi -trucks and associated trailers will be parked on the property. The
trucks are used for both local and regional transportation and occasional interstate trips.
Outdoor truck parking and a truck turnaround is located to the south west of the existing primary
residence on a gravel surface. An office located within the existing primary residence is used for the
business. The residence will continue to be lived in by the property owners. There is a small storage shed
containing tools and equipment for trailers. There are five (5) employees being the two (2) property
owners/managers, one (1) local driver, one (1) over -the -road driver and one (1) office employee.
Trucks will be parked on site 24 -hours a day when not in use. The hours of operation of the business
office are 7:00 am to 5:00 pm, 7 -days a week. Drivers will be on -site for less than two (2) hours at a time
to pick-up and drop-off trucks. There is one (1) five -hundred (500) gallon on -site fuel tank with appropriate
containment. The existing trees, native grass and pipe fence will be maintained. The application materials
indicate that landscape improvements are proposed including vegetative screening of the truck parking
area. Washing of the trucks and trailers with water will occur as necessary and no detergents or chemicals
will be used. No maintenance will occur, and waste materials will not be stored on -site. No other site
improvements, new lighting or signage is proposed. No shift work is proposed, and the site will not be
open to the public.
The existing second home is a block and tied manufactured home that was previously permitted as a
Zoning Permit for a Mobile Home (ZPMH-2581) for a medical hardship. The medical hardship designation
is no longer applicable, and the second home is occupied by a housekeeper/caretaker for the property.
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The site is accessed directly off of County Road 49. The access point is permitted for commercial use and
is located on the subject USR site, being Lot B of RECX17-0189 and is for the benefit of Lots A and B of
RECX17-0189, per the dedicated easement on the RECX7-0189 plat map, recorded August 14, 2019,
reception # 4514527.
DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE
APPROVED FOR THE FOLLOWING REASONS:
1. The submitted materials are in compliance with the application requirements of Section 23-2-260
of the Weld County Code.
2. It is the opinion of the Department of Planning Services' staff that the applicant has shown
compliance with Section 23-2-220 of the Weld County Code as follows:
A. Section 23-2-220.A.1. -- The proposed use is consistent with Chapter 22 and any other
applicable code provisions or ordinance in effect.
Section 22-2-20.F.2 - A.Policy 6.2. states, "Support opportunities, such as but not limited
to hobby farming and home businesses, to supplement family income and reduce living
expenses for farm families and others who prefer a rural lifestyle."
The property owners are the owners and managers of the trucking company and they live
in the primary residence on -site. The proposed USR allows them to conduct a small local
business and maintain a rural residential lifestyle on the same property.
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 business is located in an area that contains several other commercial and
industrial operations and nearby oil and gas activity. The proposed business is
compatible with the existing land uses. Productive agricultural activities are not readily
supported on this parcel because of the small lot size. Furthermore, this property has
direct access onto County Road 49, which is a major regional transportation corridor that
supports commercial and industrial transportation. The location of this trucking company
is supported because trucks may travel north or south on County Road 49 and connect
directly onto to US Highway 34 or Interstate -76 which are both major trucking routes.
Section 22-2-20.H. - A.Goal 8. States, "Ensure that adequate services and facilities are
currently available or reasonably obtainable to accommodate the requested new land use
change for more intensive development."
There is currently water and septic service provided to the property for the existing
trucking business and second home. Central Weld County Water District (account # 06),
provides water to the site. The CWCWD referral dated July 17, 2019, did not have
opposition to the business or two (2) residences. The referral stated that the applicant will
be contacted independently of the USR permit to complete a backflow survey but that it
did not need to be a condition of approval for the USR. A septic permit (G19880193,
repermitted by SP -0900174) sized for six (6) bedrooms serves both residences and the
employee restroom located in the primary residence.
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." As of July 11, 2019, the date of complete application submittal,
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this code section allows the applicant to apply for a Use by Special Review permit for the
subject business which is more intense than Uses Allowed by Right.
Section 23-3-40.M. — Uses by special review, of the Weld County Code states, "One (1)
single-family dwelling unit per lot other than those permitted under section 23-3-20.A.
(second single-family dwelling unit) in the Agricultural (A) Zone District." As of July 11,
2019, the date of complete application submittal, this code section allows the applicant to
apply for a USR second home.
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." As of July 11, 2019, the date of complete
application submittal, this code section allows the applicant to apply for a USR for a
miscellaneous commercial/industrial operation because the site is not located within a
subdivision or historic townsite.
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 three (3) parcels immediately adjacent to the
site; one (1) with a residence. The applicant does not own any other contiguous land.
There are several USRs within one mile of this site including natural gas pipelines, a
concrete construction company, an oil and gas support and service facility, and mineral
resource development facilities. This area of the County is rapidly developing with
commercial and industrial operations and the subject trucking USR is compatible with the
existing businesses.
The Weld County Department of Planning Services sent notice to three (3) surrounding
property owners within 500 feet of the proposed USR boundary. No responses were
received. No other correspondence or phone calls were received.
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.
Although this area is not expressly designated for industrial uses, the site offers
convenient access to County Road 49, which is a direct and important transportation
connection in Northern Colorado. Locating this type of USR next to a major transportation
corridor minimizes the need for trucks to drive on local roads or extensively through
agricultural lands, which support Sections 22-2-80.C and F of the Weld County Code.
This site is located within the three (3) mile referral radius of the Town of Kersey. Kersey
returned a referral response dated July 25, 2019 and indicated no concerns.
The site is located within the Town of Kersey Coordinated Planning Agreement boundary.
During the pre -application process, the applicant submitted a Notice of Inquiry form to
Kersey. The Town returned the signed NOI dated March 19, 2019 and requests
appropriate screening of the truck parking area.
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.
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The property is located within the A -P (Airport) Overlay District; however, no referral
response was received from the Greeley -Weld County Airport. The property is not
located within the Geologic Hazard Overlay District, a Special Flood Hazard Area or MS4
area.
Building Permits issued on the lot will be required to adhere to the fee structure of the
County -Wide Road Impact Fee Program, 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 is designated as "Irrigated Land (Not Prime)' per the 1979 Soil Conservation
Service Important Farmlands of Weld County Map. The proposed USR will not remove
any agricultural land from production. The subject site is not currently used for agricultural
purposes as the small, five (5) acre parcel 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.
The Weld County Public Works and Weld County Environmental Health referrals, dated
July 23 and July 26, 2019, provide additional background and advisory information
regarding designing and operating the site in conformance with the interests of the
County, public and other governmental agencies.
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 to the Department of Planning
Services for review and approval. The Plan shall detail the screening of the truck yard and all
non-commercial junkyard items. (Department of Planning Services)
B. During the site inspection dated October 3, 2019, a fifth -wheel style RV appeared to be
utilized as a dwelling unit. The applicant shall provide written statement that the RV will no
longer be utilized as a dwelling and will only be stored on -site. (Department of Planning
Services)
C. As the existing on -site waste water treatment system (G19880193) will be utilized for
business use, the OWTS shall be reviewed by a Colorado registered professional engineer to
determine sizing limitations. The review shall consist of observation of the system and a
technical review describing the system's ability to handle the proposed use. The review shall
be submitted to the Environmental Health Services Division of the Weld County Department
of Public Health and Environment. In the event the system is found to be inadequately sized
for the proposed use, the system shall be brought into compliance with current OWTS
regulations. (Department of Public Health and Environment)
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D. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR19-0048. (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 location of the areas for the parking of trucks, trailers, fuel
storage and tool/maintenance shed. (Department of Planning Services)
5) Show and label the landscape and screening as detailed in the Landscape and
Screening Plan. (Department of Planning Services)
6) Show and label the location of existing and proposed buildings including the existing
second home. (Department of Planning Services)
7) 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)
8) Show and label the location of the signage, if applicable. Signs 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)
9) Show and label the location of the lighting, if applicable. All lighting shall be downcast
and shielded so that light rays will not shine directly onto adjacent properties.
(Department of Planning Services)
10) 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)
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) The County Highway (County Road 49) is designated on the Weld County Functional
Classification Map as an arterial road which typically requires 140 feet of right-of-way
at full build out. The alignment of the road widening project varies along the section
line for the corridor. Contact Public Works for the location of the existing and future
right-of-way and easements and delineate these on the site plan. All setbacks shall
be measured from the edge of right-of-way. This road is maintained by Weld County.
(Department of Public Works)
13) Show and label the approved access locations, approved access width and the
appropriate turning radii (60 -feet) on the site plan. The applicant must obtain an
access permit in the approved location(s) prior to operation. (Department of Public
Works)
14) Show and label the approved tracking control on the site plan. (Department of Public
Works)
15) 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)
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16) Show and label 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)
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. Prior to Construction:
A. If more than one (1) acre is to be disturbed, a Weld County Grading Permit shall be obtained.
(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)
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
David & Cynthia Stark
USR19-0048
1. A Site Specific Development Plan and Use by Special Review Permit, USR19-0048 for one (1)
single-family dwelling unit per lot other than those permitted under Section 23-3-20.A. (second
single-family dwelling unit) and 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 (semi -truck parking)
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 of the business office are 7:00 am to 5:00 pm, 7 -days a week. Trucks will
be parked on site 24 -hours a day when not in use. (Department of Planning Services)
4. The maximum number of employees shall be five (5), as stated in the application materials.
(Department of Planning Services)
5. The maximum number of commercial semi -trucks and associated trailers shall be nine (9), as
stated in the application materials. (Department of Planning Services)
6. The outdoor truck parking area on the site shall be maintained. (Department of Planning
Services)
7. The existing and proposed landscape and screening 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 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)
10. 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)
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 historical flow patterns and runoff amounts on the site will be maintained. (Department of
Public Works)
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)
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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, Section 30-20-100.5, C.R.S. (Department of Public Health and
Environment)
16. 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)
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. 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)
19. 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)
20. Any on -site wastewater treatment 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)
21. 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)
22. The facility shall comply with all provisions of the State Underground and Above Ground Storage
Tank Regulations. (Department of Public Health and Environment)
23. 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)
24. 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)
25. 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 Inspection)
26. 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.
27. 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
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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.
28. 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.
29. 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.
30. WELD COUNTY'S RIGHT TO FARM STATEMENT: Weld County is one of the most productive
agricultural counties in the United States, typically ranking in the top ten counties in the country in
total market value of agricultural products sold. The rural areas of Weld County may be open and
spacious, but they are intensively used for agriculture. Persons moving into a rural area must
recognize and accept there are drawbacks, including conflicts with long-standing agricultural
practices and a lower level of services than in town. Along with the drawbacks come the
incentives which attract urban dwellers to relocate to rural areas: open views, spaciousness,
wildlife, lack of city noise and congestion, and the rural atmosphere and way of life. Without
neighboring farms, those features which attract urban dwellers to rural Weld County would quickly
be gone forever.
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area. Well -run agricultural
activities will generate off -site impacts, including noise from tractors and equipment; slow -moving
farm vehicles on rural roads; dust from animal pens, field work, harvest and gravel roads; odor
from animal confinement, silage and manure; smoke from ditch burning; flies and mosquitoes;
hunting and trapping activities; shooting sports, legal hazing of nuisance wildlife; and the use of
pesticides and fertilizers in the fields, including the use of aerial spraying. It is common practice
for agricultural producers to utilize an accumulation of agricultural machinery and supplies to
assist in their agricultural operations. A concentration of miscellaneous agricultural materials often
produces a visual disparity between rural and urban areas of the County. Section 35-3.5-102,
C.R.S., provides that an agricultural operation shall not be found to be a public or private
nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that
are commonly or reasonably associated with agricultural production.
Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to
assume that ditches and reservoirs may simply be moved "out of the way" of residential
development. When moving to the County, property owners and residents must realize they
cannot take water from irrigation ditches, lakes, or other structures, unless they have an
adjudicated right to the water.
Weld County covers a land area of approximately four thousand (4,000) square miles in size
(twice the size of the State of Delaware) with more than three thousand seven hundred (3,700)
miles of state and County roads outside of municipalities. The sheer magnitude of the area to be
served stretches available resources. Law enforcement is based on responses to complaints
more than on patrols of the County, and the distances which must be traveled may delay all
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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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September 11, 2019
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
DAVID C STARK
25311 COUNTY ROAD 49
GREELEY, CO 80631
Subject: USR19-0048 - A Site Specific Development Plan and Use by Special Review Permit for one (1)
single-family dwelling unit per lot other than those permitted under Section 23-3-20.A. (second
single-family dwelling unit) and 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 (semi -truck parking) provided that
the property is not a lot in an approved or recorded subdivision plat or lots parts of a map or plan filed
prior to adoption of any regulations controlling subdivisions in the A (Agricultural) Zone District.
On parcel(s) of land described as:
PART E2 SECTION 25, T5N, R65W OF THE 6TH P.M., WELD COUNTY, COLORADO.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on October 15, 2019, at 12:30
p.m. A subsequent hearing with the Board of County Commissioners will be held on October 30, 2019
at 10:00 a.m. Both hearings will be held in the Hearing Room, Weld County Administration Building,
1150 O Street, Greeley, Colorado. It is recommended that you and/or a representative be in
attendance to answer any questions the Planning Commission members or Board of County
Commissioners may have.
Colorado Revised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01-1088) requires notification of
all mineral estate owners 30 days prior to any public hearing. The applicant needs to provide the Weld
County Planning Department with written certification indicating the above requirement has been met.
A representative from the Department of Planning Services will be out to the property a minimum of ten
days prior to the hearing to post a sign adjacent to and visible from a publicly maintained road
right-of-way which identifies the hearing time, date, and location. In the event the property is not
adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent place
on the property and a second sign posted at the point at which the driveway (access drive) intersects a
publicly maintained road right-of-way.
The Department of Planning Services' staff will make a recommendation concerning this application to
the Weld County Planning Commission and will be included in the staff report one week prior to the
scheduled Planning Commission hearing. You may view the staff report at
https://accela-aca.co.weld.co.us/citizenaccess/.
If you have any questions concerning this matter, please call.
Respp tfully,
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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 11, 2019
DAVID C STARK
25311 COUNTY ROAD 49
GREELEY, CO 806319759
Subject: USR19-0048 - 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 (semi -truck parking) provided that the property is not a lot in an
approved or recorded subdivision plat or lots parts of a map or plan filed prior to adoption of any
regulations controlling subdivisions in the A (Agricultural) Zone District.
On parcel(s) of land described as:
PART E2 SECTION 25, T5N, R65W 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:
Kersey at Phone Number 970-353-1681
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,
ichael Hall
Planner
FIELD CHECK Inspection Date: 10/3/2019
Planner: Michael Hall Hearing Date: October 15, 2019
Case Number: USR19-0048
Owner: David C. & Cynthia A. Stark, 25311 CR 49, Greeley, CO 80631
Request: A Site Specific Development Plan and Use by Special Review Permit for one (1) single-
family dwelling unit per lot other than those permitted under Section 23-3-20.A. (second
single-family dwelling unit) and 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
(semi -truck parking) 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 B of Recorded Exemption RECX17-0189; being a part of the NE4SE4 of Section
Description: 25, T5N, R65W of the 6th P.M., Weld County, CO
Location:
West of and adjacent to County Road 49; approximately 0.27 miles north of County
Road 52
Size of Parcel: -F/- 5 acres
Parcel No. 0961-25-4-00-051
Zoning
Land Use
N
A (Agricultural)
N
Agricultural
E
A (Agricultural)
E
Agricultural / Residential / Dairy
S
A (Agricultural)
S
Agricultural / Residential
W
A (Agricultural)
W
Agricultural / Residential
COMMENTS:
The site is located directly west off County Road 49 and is raised above the grade of the Road. The site is
accessed off of CR 49 and provides access to Lots A and B of RECX17-0189. There is an asphalt access
apron at the entrance to the site. The driveway is gravel.
The site contains two (2) existing residences and outbuildings. There are existing trees and vegetation
that screens the primary residence and outbuildings. The second residence is a mobile home and is
located to the north of the primary residence. The trucking storage yard is located to the south of the
primary residence. The truck yard is not screened. Eight (8) semi -trailers and several cabs were observed
on -site. There also appears to be items relating to a non-commercial junkyard and a fifth -wheel style RV
being utilized as a dwelling. Fencing on the site is barbed wire and chain -link.
Michael Hall, Planner II
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