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Home My WebLink About20181396.tiffPlanner: LAND USE APPLICATION SUMMARY SHEET C. Gathman Hearing Date: April 3, 2018 Case Number: USR18-0001 Applicant: Craig Sparrow - Wetco Farms Inc. Address: 2055 1St Avenue, Greeley, CO 80631 Representative: Brett Bloom - Bloom Development Inc. 3202 Barclay Court, Evans CO. 80620 Request: A Site -Specific Development Plan and Use by Special Review Permit for 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 in the Commercial or industrial zone districts (equipment and truck and trailer sales, vehicle modification, dismantling of wrecked vehicles and sale and/or recycling of dismantled vehicle parts) 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. The proposed USR also includes a requested waiver from the Weld County Sign Requirements delineated In Chapter 23 of the Weld County Code to Allow One (1) Ninety (90) Square Foot Freestanding Sign that is Twenty -Eight (28) Feet in Height and One (1) One -Hundred (100) Square Foot Wall Sign. Legal Description: W2 and part of the E2 of Section 4, T4N, R63W of the 6TH P.M., Weld County, Colorado Location: North of and adjacent to State Highway 34, south of and adjacent to County Road 50/County Road 65 intersection. Size of Parcel: +/- 378 acres Parcel No. 105104000001 (USR operational area: +/- 17.5 acres) The criteria for review of this Special Review Permit is listed in Section 23-2-220 of the Weld County Code. The Department of Planning Services' staff has received referral responses with comments from the following agencies: Weld County Department of Public Works, referral dated 2/6/2018 ▪ Colorado Department of Transportation, Electronic Mail referral dated 2/11/2018 ▪ Weld County Department of Public Health and Environment, referral dated 2/9/2018 Y West Greeley Soil Conservation District, referral dated 2/12/2018 Y Platte Valley Fire Protection District, referral dated 2/13/2018 and 3/22/2018 Y Central Weld County Water District, electronic referrals dated 3/16/2018 & 3/21/2018 The Department of Planning Services' staff has received referral responses without comments from the following agencies: Y Weld County Zoning Compliance, referral dated 1/15/2018 Y Weld County RE -7 School District, referral dated 1/15/2018 Y Weld County Sheriff's Office, referral dated 1/19/2018 USR18-0001, Wetco Farms Inc. The Department of Planning Services' staff has not received responses from the following agencies: Weld County Department of Building Inspection • Colorado Parks and Wildlife • Bonanza Creek • Latham Ditch USR18-0001, Wetco Farms Inc. Planner: C. Gathman Case Number: USR18-0001 Applicant: Address: Representative: Request: Legal Description: Location: Size of Parcel: Case Summary: SPECIAL REVIEW PERMIT ADMINISTRATIVE REVIEW Hearing Date: April 3, 2018 Craig Sparrow - Wetco Farms Inc. 2055 1st Avenue, Greeley, CO 80631 Brett Bloom - Bloom Development Inc. 3202 Barclay Court, Evans CO. 80620 A Site -Specific Development Plan and Use by Special Review Permit for 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 in the Commercial or industrial zone districts (equipment and truck and trailer sales, vehicle modification, dismantling of wrecked vehicles and sale and/or recycling of dismantled vehicle parts) 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. The proposed USR also includes a requested waiver from the Weld County Sign Requirements delineated In Chapter 23 of the Weld County Code to Allow One (1) Ninety (90) Square Foot Freestanding Sign that is Twenty -Eight (28) Feet in Height and One (1) One -Hundred (100) Square Foot Wall Sign. W2 & that part of the E2 of Section 4, T4N, R63W of the 6TH P.M., Weld County, Colorado North of and adjacent to State Highway 34, south of and adjacent to County Road 50/County Road 65 intersection. +/- 378 acres (USR operational area: +/- 17.5 acres) Parcel No. 105104000001 The applicant (Western Equipment and Truck Company) is proposing to relocate its facility (currently located in Greeley) to this location. This proposed application includes two different locations on the property. One site encompasses approximately 8 acres and is located in the northeastern corner of the property and the other site encompasses approximately 9.58 acres and is located in the southeastern corner of the property. At the northeastern site the applicant is proposing to use the existing 4,000 square foot shop building at the northeastern corner of the property for parts storage. The applicant is also proposing a new 20,000 square foot building that will consist of a shop with ten (10) bays along with an office. The applicant proposes to modify existing trucks and equipment in this location. Additionally, they are proposing to dismantle wrecked trucks and trailers in this location and sell any reusable parts and recycle any parts that are not reusable. The application indicates that there will be no outdoor storage in this location. At the southeastern site is proposing a truck and equipment sales lot. The sales lot is proposed to fenced with a 6 -foot chain -link fence with gates. USR18-0001, Wetco Farms Inc. The application indicates at this time 5 -full time employees would be required at this time. The application indicates that the number of employees could increase but not by a large amount. In addition to the employees, the application estimates up to 10 to 15 additional visitors to the site on a daily basis. The application lists typical hours of operation of 8:00 AM to 5:00 PM Monday through Friday and 8:00 AM to 12:00 PM on Saturday. The proposed facility will be served by an existing Central Weld Water tap. The applicant has indicated that water for fire suppression will be provided by an existing well on site along with a pressurized tank. 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 B.2 A.Policy 2.2. of the Weld County Code states: "Allow commercial and industrial uses, which are directly related to or dependent upon agriculture, to locate within agricultural areas when the impact to surrounding properties is minimal or mitigated and where adequate services and infrastructure are currently available or reasonably obtainable. These commercial and industrial uses should be encouraged to locate in areas that minimize the removal of agricultural land from production." The business works on Agricultural related (as well as other) equipment. The proposed USR will be located on the areas of the existing property that are located outside of the existing irrigated cropland areas of the parcel. 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 will be located on areas of an irrigated agricultural parcel that are not in production. The application indicates that there will be no outdoor storage associated with the shop building. The proposed use is in an area that can support this development and the existing screening, the Development Standards, and the Conditions of Approval (including limiting hours of operation, a screening plan, no outside storage) 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 23-3-40.S of the Weld County Code provides for any use permitted as a Use by Right, an Accessory Use, or Use by Special Review in the Commercial or Industrial Zone Districts (equipment and truck and trailer sales, vehicle modification, dismantling of wrecked vehicles and sale and/or recycling of dismantled vehicle parts) 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 an regulations controlling subdivisions as a Use by Special Review in the A(Agricultural) Zone District Section 23-3-10 - Intent 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." USR18-0001, Wetco Farms Inc. The proposed use is in an area that can support this development and the existing screening, the Development Standards, and the Conditions of Approval (including limiting hours of operation, a screening plan, no outside storage) will assist in mitigating the impacts of the facility on the adjacent properties and ensure compatibility with surrounding land uses and the region. C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing surrounding land uses. The proposed shop area at the northeast corner of the site is closest to residences in the area. The nearest residences are approximately 600 feet to the east, approximately 900 feet to the north and approximately 3,200 feet to the east of the proposed shop site. Staff received one letter of concern/objection from a neighboring property owner to the east. The property owner claims that sand was brought in Fall 2016/Spring 2017. The property claims that sand from this site was blowing onto his property (photos have been provided as well) and is requesting that a wind break and fence be installed along the eastern property line. The application indicates that the vehicle circulation area around the shop building and parts storage building at the northeast end of the site will be concrete. The vehicle display area at the southeast portion of the site will be gravel. The existing road connecting the shop area and the vehicle display consists of pulverized asphalt and gravel. The majority of the property outside of these areas is cropland. The proposed free-standing sign is adjacent to Highway 34 and is an unlit sign. The applicant indicated that they wanted a sign the same size as the Rush Peterbilt sign off of Highway 34 on the west side of Kersey (approximately 90 square feet). The Rush Peterbilt sign is in an Commercial/Industrial subdivision whereas this proposed sign is in a rural agricultural area. The sign location is in a fairly flat area and there does not appear to be any site vision issue. Staff is in not support of a larger sign and is recommending that the free-standing sign meets the Agricultural Zone District requirement of a maximum sign size of 16 -square feet and a maximum sign height of 6 -feet. The applicant is also proposing an unlit wall sign to be located along the north face of the proposed 20,000 square foot office/shop sign. Staff is in support of the proposed building/wall sign in that it will be unlit and located on/adjacent to a proposed larger building associated with this use. Also, a wall sign only shows a single -sign face as opposed to free-standing signs. Development standards (limiting hours of operation, screening, no outside storage) 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 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. USR18-0001, Wetco Farms Inc. 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 proposed facility is located on approximately 203 acres delineated as "Prime if Irrigated" and "Other" per the 1979 Soil Conservation Service Important Farmlands of Weld County Map. The majority of the site is delineated as "Prime if Irrigated" with the southern portion of the site delineated as "Other". The proposed shop location is proposed to be located in an 8 -acre location that is currently not irrigated. The proposed 9.5 acre truck sales lot is located in the southeastern portion of the site in the area delineated as "Other". The majority of the remainder of the site is and will remain irrigated cropland. 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. An Improvements and Road Maintenance Agreement is required for off -site improvements at this location. Road maintenance including, but not limited to dust control, tracking control, damage repair, specified haul routes and future traffic triggers for improvements will be included. (Department of Public Works) B. A Final Drainage Report and Certification of Compliance stamped and signed by a Professional Engineer registered in the State of Colorado is required. (Department of Public Works) C. The applicant shall attempt to address the comment of the West Greeley Soil Conservation District as stated in their referral dated 2/12/2018. Written evidence of such shall be provided to the Department of Planning Services. (Department of Planning Services) D. The applicant shall attempt to address the requirements of the Platte Valley Fire Protection District as stated in their referral dated 3/22/2018. Written evidence of such shall be provided to the Department of Planning Services. (Platte Valley Fire Protection District) E. The applicant shall address the requirements of the Central Weld County Water District as stated in their electronic mail referral dated 3/21/2018. Written evidence of such shall be provided to the Department of Planning Services. (Central Weld County Water District) F. The applicant shall submit a screening plan for review and approval. The vehicle circulation and staging area adjacent/to the south of the proposed shop and storage buildings shall be screened by a solid wooden fence, metal fence or vinyl fence, landscaping and vegetation or a combination thereof. (Department of Planning Services) USR18-0001, Wetco Farms Inc. G. The plat shall be amended to delineate the following: 1. All sheets of the map shall be labeled USR18-0001 (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 two signs shall adhere to the criteria as stated in the Development Standards as approved by the Board of County Commissions on May 9, 2018. All other signs shall adhere to Chapter 23, Article IV, Division 2 and Appendices 23-c, 23-D and 23-E of the Weld County Code. All signs shall be shown on the map. (Department of Planning Services) 6. The map shall delineate the landscaping and/or screening. (Department of Planning Services) 7. The map shall delineate the lighting. (Department of Planning Services) 8. The approved signs shall be indicated on the map. (Department of Planning Services) 9. The map shall delineate the parking area for the vendors, customers and/or employees. (Department of Planning Services) 10. County Road 50 is a gravel road and is designated on the Weld County Functional Classification Map as a local road which requires 60 feet of right-of-way at full buildout. The applicant shall delineate on the site plan the existing right-of-way. All setbacks shall be measured from the edge of right-of-way. This road is maintained by Weld County. (Department of Public Works) 11. County Road 65 Section Line is shown to have 30 feet of unmaintained section line right-of-way per the Weld County GIS right-of-way map. The applicant shall delineate the existing right-of-way on the site plan. All setbacks shall be measured from the edge of right-of-way. (Department of Public Works) 12. Show and label the approved access locations, 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) 13. Show the approved Colorado Department of Transportation (CDOT) access(es) on the site plan and label with the approved access permit number. (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) 16. Show and label the section line Right -of -Way as "CR 65 Section Line Right -Of -Way, not County maintained." (Department of Public Works) USR18-0001, Wetco Farms Inc. 17. The applicant shall show and label the accepted drainage features and drainage flow arrows. Stormwater ponds should be labeled as "Stormwater Detention, No -Build or Storage Area" and shall include the calculated volume. (Department of Public Works) 18. Show and label the parking and traffic circulation flow arrows showing how the traffic moves around the property. (Department of Public Works) 19. Show and label all recorded easements on the map by book and page number or reception number and date on the site plan. (Department of Planning Services) 2. Upon completion of Condition of Approval #1 above, the applicant shall submit one (1) paper copy or one (1) electronic copy (.pdf) of the plat for preliminary approval to the Weld County Department of Planning Services. Upon approval of the plat the applicant shall submit a Mylar plat along with all other documentation required as Conditions of Approval. The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by the Department of Planning Services. The plat shall be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code. The Mylar plat and additional requirements shall be submitted within one hundred twenty (120) days from the date of the Board of County Commissioners Resolution. The applicant shall be responsible for paying the recording fee. (Department of Planning Services) 3. In accordance with Weld County Code Ordinance #2012-3, approved April 30, 2012, should the plat not be recorded within the required one hundred twenty (120) days from the date of the Board of County Commissioners Resolution, a $50.00 recording continuance charge shall added for each additional three (3) month period. (Department of Planning Services) 4. The Department of Planning Services respectfully requests a digital copy of this "Use by Special Review", as appropriate. Acceptable format is a projected ESRI shapefile (.shp, .shx, .dbf, .prj) with a defined coordinate system (i.e., NAD 1983 UTM Zone 13N, WGS 1984, NAD 1983 HARN StatePlane Colorado North FIRS 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 1 acre is to be disturbed, a Weld County grading permit will be required. (Department of Public Works) B. The approved access and tracking control shall be constructed prior to on -site construction. This site requires road base or recycled asphalt on all driving surfaces for tracking control. (Department of Public Works) 6. Prior to the issuance of the Certificate of Occupancy: A. An On -Site Wastewater Treatment System (OWTS) is required for the proposed facility and shall be installed according to the Weld County On -Site Wastewater Treatment System Regulations. The OWTS is required to be designed by a Colorado Registered Professional Engineer according to the Weld County Individual Sewage Disposal Regulations. (Department of Public Health and Environment) 7. The Use by Special Review activity shall not occur, nor shall any building or electrical permits be issued on the property, until the Use by Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder or the applicant has been approved for an early release agreement. (Department of Planning Services) USR18-0001, Wetco Farms Inc. SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Craig Sparrow - Wetco Farms Inc. USR18-0001 1. A Site -Specific Development Plan and Use by Special Review Permit, USR18-0001, for (equipment and truck and trailer sales, vehicle modification, dismantling of wrecked vehicles and sale and/or recycling of dismantled vehicle parts) 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. The proposed USR also includes a waiver from the Weld County Sign Requirements delineated In Chapter 23 of the Weld County Code to Allow One (1) Ninety (90) Square Foot Freestanding Sign that is Twenty -Eight (28) Feet in Height and One (1) One - Hundred (100) Square Foot Wall Sign 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 8:00 a.m. - 5:00 p.m. Monday - Friday and 8:00 a.m - 12:00 PM Saturday. These hours do not include occasional customer pick up and drop off of equipment and vehicles which can occur outside of these hours. (Department of Planning Services) 4. There will be no outside storage associated with the vehicle modification and dismantling operation. (Department of Planning Services) 5. The number of on -site employees shall not exceed ten (10). (Department of Planning Services) 6. The parking area on the site shall be maintained. (Department of Planning Services) 7. The landscaping/screening on the site shall be maintained. (Department of Planning Services) 8. The proposed wall sign shall adhere to the below criteria as approved by the Board of County Commissioners on May 9, 2018: 1) Sign 1 (unlit sign wall sign) a total of 100 square feet in size to be located on the northern building face of the proposed 20,000 square foot shop/office building. The wall sign shall not project above the height of the building. All other 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. 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) 10. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites and Facilities Act, Section 30-20-100.5, C.R.S. (Department of Public Health and Environment) 11. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance conditions. The applicant shall operate in accordance with Chapter 14, Article 1 of the Weld County Code. (Department of Public Health and Environment) 12. Fugitive dust should attempt to be confined on the property. Uses on the property should comply with the Colorado Air Quality Commission's air quality regulations. (Department of Public Health and Environment) USR18-0001, Wetco Farms Inc. 13. 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) 14. 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) 15. Adequate drinking, hand washing and toilet facilities shall be provided for employees, at all times. A permanent, adequate water supply shall be provided for drinking and sanitary purposes. (Department of Public Health and Environment) 16. 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 and shall adhere to "Low Risk Discharge Guidance: Discharges from Surface Cosmetic Power Washing Operations To Land July 2010" as specified by the State. (Department of Public Health and Environment) 17. A current PE certified and signed copy of the Spill Prevention, Control and Countermeasure Plan shall be available on site, at all times. (Department of Public Health and Environment) 18. The facility shall comply with all provisions of the State Underground and Above Ground Storage Tank Regulations. (Department of Public Health and Environment) 19. The applicant shall submit an Air Pollution Emission Notice (A.P.E.N.) and Emissions Permit Application and obtain a permit from the Air Pollution Control Division, Colorado Department of Public Health and Environment, as applicable. (Department of Public Health and Environment) 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. Secondary containment shall be constructed around tanks to provide containment for the largest single tank and sufficient freeboard to contain precipitation. Secondary containment shall be sufficiently impervious to contain any spilled or released material. Secondary containment devices shall be inspected at regular intervals and maintained in good condition. All secondary containment will comply with the Colorado Oil and Gas Conservation (COGCC) Commission Rule 604 and/or the provisions of the State Underground and Above Ground Storage Tank Regulations. (Department of Public Health and Environment) 22. The applicant shall obtain a Colorado Discharge Permit System or CDPS permit from the Colorado Department of Public Health and Environment (CDPHE), Water Quality Control Division, as applicable. (Department of Public Health and Environment) 23. The facility shall notify the County of any revocation and/or suspension of any State issued permit. (Department of Public Health and Environment) 24. The applicant shall notify the County upon receipt of any compliance advisory or other notice of non- compliance of a State issued permit, and of the outcome or disposition of any such compliance advisory or other notice of non-compliance. (Department of Public Health and Environment) 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. The property owner shall control noxious weeds on the site. (Department of Public Works) 27. The access to the site shall be maintained to mitigate any impacts to the public road including damages and/or offsite tracking. (Department of Public Works) 28. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized. (Department of Public Works) USR18-0001, Wetco Farms Inc. 29. 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) 30. Weld County is not responsible for the maintenance of onsite drainage related features. (Department of Public Works) 31. Sources of light shall be shielded so that beams or rays of light will not shine directly onto adjacent properties. Sources of light should not cause a nuisance or interfere with the use on the adjacent properties in accordance with the map. Neither the direct, nor reflected, light from any light source may create a traffic hazard to operators of motor vehicles on public or private streets. No colored lights may be used which may be confused with, or construed as, traffic control devices. (Department of Planning Services) 32. Building permits may be required, per Section 29-3-10 of the Weld County Code. Currently, the following have been adopted by Weld County: 2012 International Codes, 2006 International Energy Code, and 2014 National Electrical Code. A Building Permit Application must be completed and two (2) complete sets of engineered plans bearing the wet stamp of a Colorado registered architect or engineer must be submitted for review. A Geotechnical Engineering Report performed by a Colorado registered engineer shall be required or an Open Hole Inspection. (Department of Building Inspection) 33. The property owner or operator shall be responsible for complying with the Design and Operation Standards of Chapter 23 of the Weld County Code. 34. 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. 35. 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. 36. The facility shall notify the County of any revocation and/or suspension of any State issued permit. (Department of Public Health and Environment) 37. The applicant shall notify the County upon receipt of any compliance advisory or other notice of non- compliance of a State issued permit, and of the outcome or disposition of any such compliance advisory or other notice of non-compliance. (Department of Public Health and Environment) 38. 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. (Department of Public Health and Environment) 39. 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 USR18-0001, Wetco Farms Inc. protected property rights and mineral owners should be afforded the opportunity to extract the mineral resource. 40. WELD COUNTY'S RIGHT TO FARM: 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 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. USR18-0001, Wetco Farms Inc. March 9, 2018 DEPARTMENT OF PLANNING SERVICES 1555 N 17th AVE GREELEY, CO 80631 WEBSITE: www.co.weld.co.us E-MAIL: cgathman@weldgov.com PHONE: (970) 353-6100, Ext. 3537 FAX: (970) 304-6498 BLOOM BRETT 3202 BARCLAY CT EVANS, CO 80620 Subject: USR18-0001 - 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 in the Commercial or industrial zone districts (equipment and truck and trailer sales, vehicle modification, dismantling of wrecked vehicles and sale and/or recycling of dismantled vehicle parts) 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. On parcel(s) of land described as: W2 & PART E2 SECTION 4, T4N, R63W OF THE 6TH P.M., WELD COUNTY, COLORADO. Dear Applicants: I have scheduled a meeting with the Weld County Planning Commission on April 3, 2018, at 12:30 p.m. A subsequent hearing with the Board of County Commissioners will be held on May 9, 2018 at 10:00 a.m. Both hearings will be held in the Hearing Room, Weld County Administration Building, 1150 O Street, Greeley, Colorado. It is recommended that you and/or a representative be in attendance to answer any questions the Planning Commission members or Board of County Commissioners may have. Colorado Revised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01-1088) requires notification of all mineral estate owners 30 days prior to any public hearing. The applicant needs to provide the Weld County Planning Department with written certification indicating the above requirement has been met. A representative from the Department of Planning Services will be out to the property a minimum of ten days prior to the hearing to post a sign adjacent to and visible from a publicly maintained road right-of-way which identifies the hearing time, date, and location. In the event the property is not adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent place on the property and a second sign posted at the point at which the driveway (access drive) intersects a publicly maintained road right-of-way. The Department of Planning Services' staff will make a recommendation concerning this application to the Weld County Planning Commission and will be included in the staff report one week prior to the scheduled Planning Commission hearing. You may view the staff report at www.weldcountyplanningcases.orq If you have any questions concerning this matter, please call. Respectfully, 1 1444, Chris Gathman Planner DEPARTMENT OF PLANNING SERVICES 1555 N 17th AVE GREELEY, CO 80631 WEBSITE: www.co.weld.co.us E-MAIL: cgathman@weldgov.com PHONE: (970) 353-6100, Ext. 3537 FAX: (970) 304-6498 January 12, 2018 BLOOM BRETT 3202 BARCLAY COURT EVANS, CO 80620 Subject: USR18-0001 - 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 in the Commercial or industrial zone districts (equipment and truck and trailer sales, vehicle modification, dismantling of wrecked vehicles and sale and/or recycling of dismantled vehicle parts) 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. On parcel(s) of land described as: W2 & THAT PART E2 SECTION 4, T4N, R63W 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, Chris Gathman Planner From: Lauren Light To: Chris Gathman Subject: FW: USR 32584 WCR 50 Date: Wednesday, January 10, 2018 2:18:48 PM Please add to accela for PRE17-0139. thanks Lauren Light, M.B.S. Program Manager/Environmental Planner: Environmental Health Services Weld County Department of Public Health & Environment 1555 N. 17th Ave. Greeley, CO 80631 (light©weldgov com 970-400-2211 (office) to U�r.1i z •4'. �'} Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: brett [mailto:bbwrench@aol.com] Sent: Wednesday, January 10, 2018 11:16 AM To: Lauren Light <Ilight@weldgov.com> Subject: USR 32584 WCR 50 Lauren, To answer the environmental questions for this USR, the house that is there will be torn down and that is where one of our detention ponds will go. The septic will be abandoned and not used. So the water tap will be for the business only. As far as floor drains in the shop, there will not be any floor drains. I hope this answers the questions you had. Thank you, Brett Bloom Bloom Development Inc. 3202 Barclay Ct Evans, CO 80620 970-691-3114 Fram: Chris Gathman Ta: 'the:ran:It@tr n" Subject: USR application Items Date: Wednesday, January 10, 2018 8:11:00 AM Dear Brett, Staff has reviewed your application and has the following questions/items: Per Environmental Health — the following needs to be addressed: it appears there is a house and the existing pole barn on site. What is the septic permit number for the house? is the water tap sufficient for both the house and the business? what will the house be utilized for? will there be floor drains in the proposed building? if so, where will the fluids go as it cannot go into the septic system. If you have any questions regarding Environmental Health comments you can contact Lauren Light—Ilight@weldgov.com or 970-400- 2211 Per Planning —the following needs to be addressed 1. The deed covers both sides of Highway 34. The USR boundaries run contiguous with the property boundaries. Does the applicant want to do this or submit a separate deed for the parcel to the north of the road? If the applicant decides to do this — we will need an updated recorded deed provided prior to the Board of County Commissioners hearing. 2. I do not need this before I set up the case — however, I will need an updated Certificate of Conveyances (with a cover sheet that is dated less than 30 -days from when it is submitted) — at least by the end of the 30 -day referral period (before we schedule the case for the Planning Commission and Board of County Commissioners. Once the Health items are addressed — we will need payment in the amount of $2,500.00. We can take a check, cash or credit card. We can take credit card payments via phone or e-mail if that is easier— we will need the Credit Card #, exp. Date, security code, Name and Zip Code. Let me know if you have any questions. Regards, Chris Guthman Planner III Weld County Department of Planning Services 1555 N. 17w Avenue tel: 970-400-3537 fax: 970-400-4098 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. FIELD CHECK inspection dates: 3/23/2018 APPLICANT: Craig Sparrow - Wetco Farms Inc. CASE #: USR18-0001 REQUEST: A Site -Specific Development Plan and Use by Special Review Permit for 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 in the Commercial or industrial zone districts (equipment and truck and trailer sales, vehicle modification, dismantling of wrecked vehicles and sale and/or recycling of dismantled vehicle parts) 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. The proposed USR also includes a requested waiver from the Weld County Sign Requirements delineated In Chapter 23 of the Weld County Code to Allow One (1) Ninety (90) Square Foot Freestanding Sign that is Twenty -Eight (28) Feet in Height and One (1) One -Hundred (100) Square Foot Wall Sign. LEGAL: W2 and part of the E2 of Section 4, T4N, R63W of the 6TH P.M., Weld County, Colorado LOCATION: North of and adjacent to State Highway 34, south of and adjacent to County Road 50/County Road 65 intersection. PARCEL ID #s: 105104000001 ACRES: +/- 378 acres (USR operational area: +/- 17.5 acres) Zoning Land Use N A N Cropland & Single -Family Residence E A E Cropland/SF Residence S A S Cropland/State Highway 34 W A W SF residence on rural parcel COMMENTS: Irrigated cropland on site. Existing oil and gas production facility in the NW corner of the site. Existing outbuilding in NE corner of site. Chris Gathman - Planner III Hello