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Home My WebLink About20180508.tiffPlanner: Case Number: Applicant: Request: Legal Description: Location: Size of Parcel: LAND USE APPLICATION SUMMARY SHEET Kim Ogle USR17-0071 Dayton Street LLC do Richard Bauer, Midwest Auto Body, 1884 Grace Avenue, Fort Lupton, CO Hearing Date: February 6, 2018 A Site Specific Development Plan and Special Review Permit for any use permitted as a Use by Right, an Accessory use, or a Use by Special Review in the Commercial zone district, Vehicle Service/Repair Establishment in the A (Agriculture) Zone District Part of NE4 of Section 25, T1 N, R67W of the 6th P.M., Weld County, CO East of adjacent of Grace Avenue, North and South of Frederick Street, Townsite of Wattenberg +/- 0.92 acres Parcel No. 1469-25-1-00-004 The criteria for review of this Special Review Permit is listed in Section 23-2-220 of the Weld County Code. The Department of Planning Services' staff has received referral responses with comments from the following agencies: Weld County Zoning Compliance, referral dated December 11, 2017 City of Fort Lupton, referral dated December 12, 2108 Weld County Department of Public Works, referral dated December 27, 2017 Weld County Department of Public Health and Environment, referral dated December 28, 2017 Weld County Department of Planning Services - Floodplain, referral dated January 8, 2017 Weld County Department of Planning Services - Engineer, referral dated January 8, 2017 Brighton Fire Rescue District, referral dared January 9, 2018 Weld County Department of Building Inspection, referral dated January 12, 2018 The Department of Planning Services' staff has not received responses from the following agencies: Y Adams County Y Anadarko Petroleum Corporation Y West Adams Conservation District Y Colorado Parks and Wildlife Y Wattenberg Improvement Association Y City of Brighton Y Weld County Sherriff's Office Y Weld County Office of Emergency Management Dayton Street LLC Richard Bauer, Midwest Auto Body USR17-0071, Page 1 of 10 SPECIAL REVIEW PERMIT ADMINISTRATIVE REVIEW Planner: Kim Ogle Hearing Date: Case Number: USR17-0071 Applicant: Dayton Street LLC c/o Richard Bauer, Midwest Auto Body, 1884 Grace Avenue, Fort Lupton, CO Request: A Site Specific Development Plan and Special Review Permit for any use permitted as a Use by Right, an Accessory use, or a Use by Special Review in the Commercial zone district, Vehicle Service/Repair Establishment in the A (Agriculture) Zone District Legal Description: Location: East of adjacent of Grace Avenue, North and South of Frederick Street, Townsite of Wattenberg Size of Parcel: +/- 0.92 acres Parcel No. 1469-25-1-00-004 Case Summary: Part of NE4 of Section 25, T1 N, R67W of the 6th P.M., Weld County, CO The applicant is proposing to utilize the 10,800 SF building constructed in 1910 and historically utilized as a pickle dock when Grace Avenue was a railroad spur. The building has had multiple tenants and owners over several years and is currently leased to Midwest Auto Body formerly of Longmont Colorado. The parcel of land is not a part of Wattenberg Townsite and is not a part of a platted subdivision. Midwest Auto Body repairs, restores and refinishes automobiles, including the restoration of older vehicles, construction and fabrication of "Street Rods" and a limited amount of collision body work. No car wash style washing occurs on site. There is a wipe -down of the vehicles with small quantities of water and a damp cloth. Excessive water collected on the floor is removed. There is a paint booth in the building and is classified as a small quantity exempt generator CO983798877. There are four (4) floor drains within the building and all drains carry water to a central pit with an operational sump pump that pumps the water from the building. This water is pumped into an area east of the building. An active Zoning Violation (ZCV17-00005) was noted. This violation was initiated due to the operation of and auto body and repair business without first completing the necessary Weld County Zoning Permits. This case has been forwarded to the County Attorney's Office who have entered into an approved Court Ordered Stipulated Agreement. Approval of this application by the Board of County Commissioners, Conditions of Approval met and the recording of the USR map would correct the outstanding violations. If this application is denied, the Department of Planning Services asks that the Board be advised that the applicant through the existing Court Ordered Stipulated Agreement has until May 1, 2018 to remove all storage and commercial operations from the property. Dayton Street LLC Richard Bauer, Midwest Auto Body USR17-0071, Page 2 of 10 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.7 - 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 surrounding properties consist of rural residential properties located within the Wattenberg Townsite and several residences are in close proximity to this proposed facility. There are twenty- seven (27) parcels within 500 feet of the property. Section 23-2-240.A.10 states "Buffering or screening of the proposed use from adjacent properties may be required in order to make the determination that the proposed use is compatible with the surrounding uses." The proposed use is in an area that can support this development and the existing and proposed screening, the Development Standards, and the Conditions of Approval will assist in mitigating the impacts of the facility on the adjacent properties and ensure compatibility with surrounding land uses and the region. B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A (Agricultural) Zone District. Section 23-3-40.S allows for any use permitted as a use by right, an accessory use, or a Use by Special Review in the commercial zone district, vehicle service/ repair establishment, to be located in the A (Agricultural) zone district upon approval of a Use by Special Review permit. C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing surrounding land uses. The surrounding property is permitted for mineral resource extraction to the east and south [AmUSR-421 Asphalt Paving; USR-1350 Aggregate Industries]; to the west and north is the Townsite of Wattenberg with several residences in close proximity, and North of County Road 6 are lands utilized for agricultural uses. D. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with future development of the surrounding area as permitted by the existing zoning and with the future development as projected by Chapter 22 of the Weld County Code and any other applicable code provisions or ordinances in effect, or the adopted Master Plans of affected municipalities. The site is located within the three (3) mile referral area of the Cities of Brighton and Fort Lupton and Adams County. The city of Fort Lupton in their response to the Coordinated Panning Agreement referral comments, dated March 28, 2017 indicated the property is located in an area covered by our [Fort Lupton] IGA with Brighton, so we [Fort Lupton] do not have any comments on the application. The city of Brighton and Adams County did not respond. E. Section 23-2-220.A.5 -- The application complies with Chapter 23, Articles V and XI, of the Weld County Code. Dayton Street LLC Richard Bauer, Midwest Auto Body USR17-0071, Page 3 of 10 The property is not within the Geologic Hazard Overlay District or the Airport Overlay District. The property is located within a Special Flood Hazard Area. A referral response was received from the Weld County Department of Planning Services - Floodplain planner indicating a Flood Hazard Development permit is required to be submitted and approved for the use and no outdoor storage of floatables is allowed in the floodplain. Finally, if the structure on the site is being utilized as living quarters it will need to comply with FEMA regulations regarding residential structures in the floodplain. 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 proposed facility is located on "Other Land" per the 1979 Soil Conservation Service Important Farmlands of Weld County Map. 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 USR Map: 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. The applicant shall provide evidence to the Department of Planning Services that all noncommercial junkyard items located on the property are screened from all adjacent properties and public rights -of -way, or have been removed from the property. (Department of Planning Services) C. The applicant shall submit a signed Non -Conforming Structure land use application to the Department of Planning Services. (Department of Planning Services) D. The applicant shall attempt to address the requirements of Brighton Fire Rescue District as stated in their referral dated January 9, 2018. Evidence shall be submitted to the Department of Planning Services and Building inspection. (Department of Planning Services) E. A Flood Hazard Development Permit (FHDP) is required to be submitted and approved for this use. (Department of Planning Services - Floodplain) F. No outdoor storage of floatables is allowed in the floodplain. (Department of Planning Services - Floodplain) Dayton Street LLC Richard Bauer, Midwest Auto Body USR17-0071, Page 4 of 10 G. If the structure on the site is being utilized as living quarters it will need to comply with FEMA regulations regarding residential structures in the floodplain. (Department of Planning Services - Floodplain) H. The USR Map shall be amended to delineate the following: 1. All sheets of the map shall be labeled USR17-0071. (Department of Planning Services) 2. The attached Development Standards. (Department of Planning Services) 3. The map shall be prepared in accordance with Section 23-2-260.D of the Weld County Code. (Department of Planning Services) 4. The applicant shall delineate on the map the trash collection areas. Section 23-3-350.H of the Weld County Code addresses the issue of trash collection areas. (Department of Planning Services) 5. The map shall show the existing landscaping and/or screening. (Department of Planning Services) 6. The map shall show the on -site lighting. (Department of Planning Services) 7. All signs shall be shown on the map and shall adhere to Chapter 23, Article IV, Division 2 and Appendices 23-C, 23-D and 23-E of the Weld County Code. (Department of Planning Services) 8. The map shall show the parking area for the vendors, customers and/or employees. (Department of Planning Services) 9. Grace Avenue is a paved 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) 10. Show and label the approved access locations, and the appropriate turning radii (60 -foot) on the site plan. The applicant must obtain an access permit in the approved location(s) prior to construction. (Department of Public Works) 11. Show and label the 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) 12. 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) 13. Show and label the floodplain and floodway (if applicable) boundaries on the map. Label the floodplain boundaries with the FEMA Flood Zone and FEMA Map Panel Number or appropriate study. (Department of Planning Services - Floodplain) 14. The applicant shall show the drainage flow arrows. (Department of Planning Services -Engineer) 15. Show and label the parking and traffic circulation flow arrows showing how the traffic moves around the property. (Department of Planning Services -Engineer) Dayton Street LLC Richard Bauer, Midwest Auto Body USR17-0071, Page 5 of 10 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 FIPS 0501 (US Feet)....etc.). This digital file may be sent to maps@co.weld.co.us. (Department of Planning Services) 5. Prior to Operation: A. The applicant shall develop an Emergency Action and Safety Plan with the Office of Emergency Management and the Fire District. The plan shall be reviewed on an annual basis by the Facility operator, the Fire District and the Weld County Office of Emergency Management. Submit evidence of acceptance to the Department of Planning Services. (Department of Planning Services) 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 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) Dayton Street LLC Richard Bauer, Midwest Auto Body USR17-0071, Page 6 of 10 SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Dayton Street LLC Richard Bauer, Midwest Auto Body USR17-0071 1. A Site Specific Development Plan and Special Review Permit, USR17-0071, for any use permitted as a Use by Right, an Accessory use, or a Use by Special Review in the Commercial zone district, Vehicle Service/Repair Establishment in the A (Agriculture) 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. (Department of Planning Services) 4. The number of on -site employees shall be 3. (Department of Planning Services) 5. The parking area on the site shall be maintained. (Department of Planning Services) 6. All signs shall adhere to Chapter 23, Article IV, Division 2 and Appendices 23-C, 23-D and 23-E of the Weld County Code. (Department of Planning Services) 7. The landscaping/screening on the site shall be maintained. (Department of Planning Services) 8. The property owner or operator shall provide written evidence of an approved Emergency Action and Safety Plan on or before March 15th of any given year signed by representatives for the Fire District and the Weld County Office of Emergency Management to the Department of Planning Services. (Department of Planning Services) 9. 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. 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, 30-20-100.5, C.R.S. 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. 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. 13. 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. 14. 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. 15. The facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone as delineated in 25-12-103 C.R.S. Dayton Street LLC Richard Bauer, Midwest Auto Body USR17-0071, Page 7 of 10 16. Adequate drinking, hand washing and toilet facilities shall be provided for employees, at all times. 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. 17. Any septic system located on the property must comply with all provisions of the Weld County Code, pertaining to On -site Wastewater Treatment Systems. 18. A permanent, adequate water supply shall be provided for drinking and sanitary purposes. 19. If the floor drains are used for anything other than rainwater, the process wastewater (floor drain wastes) shall be captured in a watertight vault and hauled off for proper disposal. Records of installation, maintenance, and proper disposal shall be retained. 20. If rainwater will be discharged to the ground, the facility will adhere to the "Low Risk Discharge Guidance: Discharges From Surface Cosmetic Power Washing Operations To Land July 2010" as provided by the State. 21. The operation shall comply with all applicable rules and regulations of State and Federal agencies and the Weld County Code. 22. The property owner shall control noxious weeds on the site. (Department of Public Works) 23. 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) 24. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized. (Department of Public Works) 25. 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) 26. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Planning Services - Engineer) 27. 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) 28. A Flood Hazard Development Permit is required for all construction or development occurring in the floodplain or floodway as delineated on Federal Emergency Management Agency (FEMA) FIRM Community Panel Map #08123C -2115E effective date January 20, 2016 (South Platte River Floodplain). Any development shall comply with all applicable Weld County requirements, Colorado Water Conservation Board requirements as described in Rules and Regulations for Regulatory Floodplains in Colorado, and FEMA regulations and requirements as described in 44 CFR parts 59, 60, and 65. The FEMA definition of development is any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation, drilling operations, or storage of equipment and materials. (Department of Planning Services - Floodplain) Dayton Street LLC Richard Bauer, Midwest Auto Body USR17-0071, Page 8 of 10 29. FEMA's floodplain boundaries may be updated at any time by FEMA. Prior to the start of any development activities, the owner should contact Weld County to determine if the floodplain boundaries have been modified. (Department of Planning Services - Floodplain) 30. No outdoor storage of floatables is allowed in the floodplain. (Department of Planning Services - Floodplain) 31. If the structure on the site is being utilized as living quarters it will need to comply with FEMA regulations regarding residential structures in the floodplain. (Department of Planning Services - Floodplain) 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 Dayton Street LLC Richard Bauer, Midwest Auto Body USR17-0071, Page 9 of 10 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. Dayton Street LLC Richard Bauer, Midwest Auto Body USR17-0071, Page 10 of 10 January 15, 2018 DEPARTMENT OF PLANNING SERVICES 1555 N 17th AVE GREELEY, CO 80631 WEBSITE: www.co.weld.co.us E-MAIL: kogle@weldgov.com PHONE: (970) 353-6100, Ext. 3549 FAX: (970) 304-6498 BAUER RICHARD 1884 GRACE AVE WATTENBERG, CO Subject: USR17-0071 - 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 Zone District (vehicle service/repair establishment) in the A (Agriculture) Zone District. On parcel(s) of land described as: LOT 8 BLOCK 7 WATTENBERG AND PART OF THE NE4; ALL IN SECTION 25, T1 N, R67W OF THE 6TH P.M., WELD COUNTY, COLORADO. Dear Applicants: I have scheduled a meeting with the Weld County Planning Commission on February 6, 2018, at 12:30 p.m. A subsequent hearing with the Board of County Commissioners will be held on February 28, 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, Kim Ogle Planner December 08, 2017 DEPARTMENT OF PLANNING SERVICES 1555 N 17th AVE GREELEY, CO 80631 WEBSITE: www.co.weld.co.us E-MAIL: kogle@weldgov.com PHONE: (970) 353-6100, Ext. 3549 FAX: (970) 304-6498 BAUER RICHARD 1884 GRACE AVE WATTENBURG, CO 80621 Subject: USR17-0071 - 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 Zone District (vehicle service/repair establishment) in the A (Agriculture) Zone District. On parcel(s) of land described as: LOT 8 BLOCK 7 WATTENBERG; PART OF SECTION 25, T1N, R67W OF THE 6TH P.M., WELD COUNTY, COLORADO. PART NE4 SECTION 25, T1 N, R67W 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: Brighton at Phone Number 303-655-2000 Fort Lupton at Phone Number 303-857-6694 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, Kim Ogle Planner FIELD CHECK - USR17-0071 Inspection Date: January 23, 2018 Applicant: Dayton Street, LLC, c/a Richard Bauer Request: A Site Specific Development Plan and Special Review Permit for any use permitted as a Use by Right, an Accessory use, or a Use by Special Review in the Commercial zone district, Vehicle Service/Repair Establishment in the A (Agriculture) Zone District Legal: Part of NE4 of Section 25, Ti N, R67W of the 6'h P.M., Weld County, CO Location: East of adjacent of Grace Avenue, North and South of Frederick Street, Townsite of Wattenberg Parcel ID #: 1469-25-1-00-004 Acres: 0.92 +/- Zoning Land Use N AGRICULTURE N Residential on platted lots, Wattenberg E AGRICULTURE E On -going Reclamation of Gravel mine S AGRICULTURE S Residential on platted lots, Wattenberg W AGRICULTURE W Residential on platted lots, Wattenberg Comments: The concrete block and stucco building is immediately adjacent to the right-of-way associated with Grace Avenue, a former railroad spur for the historic pickle dock. The building does not meet setbacks as established by the Weld County Code. The property is fenced to the south, north and east with a lone access adjacent to the north side of the building and through a swing gate. The east side of the building is utilized for outdoor storage of vehicles - some operable and some not, miscellaneous equipment and supplies and household goods. All lands to the east of the building are in the floodplain. The surrounding properties consist of rural residential properties located within the Wattenberg Townsite with several residences near to this proposed facility. The surrounding property is permitted for mineral resource extraction to the east and south [AmUSR-421 Asphalt Paving: USR-1350 Aggregate Industries]; to the west and north and North of County Road 6 are lands utilized for agricultural uses. Mature trees front the property with no other landscape treatment present. Facility parking is perpendicular to the road and may be within the road right-of-way. There is a sign on the building identifying the Facility as Midwest Auto. Signature ❑ Derelict Vehicles ❑ Non-commercial junkyard (predominately vehicles) ❑ Access to Property Note any commercial business/commercial vehicles that are operating from the site. Hello