HomeMy WebLinkAbout20180981.tiffLAND USE APPLICATION
SUMMARY SHEET
Planner: Ryder Reddick Hearing Date: March 20, 2018
Case Number: USR17-0064
Applicant: Lorena Garcia
Address: 9231 Apache Road Longmont, Colorado 80504
Request: A Site -Specific Development Plan and Use by Special Review Permit for One (1)
Single -Family Dwelling per lot other than those permitted under Section 23-3-20.A and
a Home Business (parking, storage and staging of up to three (3) commercial dump
trucks) in the A (Agricultural) Zone District.
Legal Lot 25 Casagrande Estates First Addition being a part of Section 17, T2N, R67W of
Description: the 6th P.M. Weld County, Colorado.
Location: West of and adjacent to Apache Road and approximately 0.2 miles north of Pine Cone
Avenue (Weld County Road 20).
Size of Parcel:
+/- 6.903 acres Parcel #1311-17-0-05-052
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 November 16, 2017
▪ Frederick -Firestone Fire Protection District, referral dated November 21, 2017
▪ Saint Vrain Valley School District Weld RE -1J, referral dated November 27,2017
▪ Weld County Department of Public Health and Environment, referral dated December 1, 2017
▪ Weld County Department of Public Works, referral dated December 13, 2017
▪ Weld County Department of Planning, Engineering, referral dated December 14, 2017
▪ Weld County Department of Building Inspection, referral dated January 16, 2018
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
Y Town of Frederick, referral dated November 16, 2017
Y Weld County Sheriff's Office, referral dated December 1, 2017
The Department of Planning Services' staff has not received responses from the following agencies:
Y Town of Firestone
Y Central Weld County Water District
USR17-0064, Lorena Garcia, Page 1 of 11
SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
Planner: Ryder Reddick Hearing Date: TBD
Case Number: USR17-0064
Applicant: Lorena Garcia
Address: 9231 Apache Road Longmont, Colorado 80504
Request: A Site -Specific Development Plan and Use by Special Review Permit for one (1) Single -
Family Dwelling per lot other than those permitted under Section 23-3-20.A and a Home
Business (parking, storage and staging of up to three (3) commercial dump trucks) in the
A (Agricultural) Zone District.
Legal Lot 25 Casagrande Estates First Addition being a part of Section 17, T2N, R67W of the
Description: 6th P.M. Weld County, Colorado.
Location: West of and adjacent to Apache Road and approximately 0.2 miles north of Pine Cone
Avenue (Weld County Road 20).
Size of Parcel:
Case Summary:
+/- 6.903 acres Parcel #1311-17-0-05-052
The applicants are requesting a Site -Specific Development Plan and Use by Special Review Permit to allow
for a second single family dwelling and a home business for the parking, storage and staging of up to three
(3) commercial vehicles (Dump trucks) and up to three (3) external employees on their approximately 6.9 -
acre parcel of land that is located in the (A) Agricultural zoned subdivision of Casagrande Estates First
Filing.
There is an active Zoning Violation (ZCV17-00107) and Building Violation (BCV17-00012) on this property.
These violations were initiated due to the addition of a second single family dwelling unit and the presence
of commercial vehicles without first completing the necessary Weld County Zoning Permits or Building
Permits. This case has been forwarded to the County Attorney's Office and an investigation fee has been
charged for this case. Approval of this application by the Board of County Commissioners along with the
applicant meeting all conditions of approval set forth in an approved resolution for this case along with
recording the final USR map would correct the outstanding violations. If the applicant is denied, the case
will continue through the County Court process until the violations are removed from the property.
DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE
APPROVED FOR THE FOLLOWING REASONS:
1. The submitted materials are in compliance with the application requirements of Section 23-2-260
of the Weld County Code.
2. It is the opinion of the Department of Planning Services' staff that the applicant has shown
compliance with Section 23-2-220 of the Weld County Code as follows:
USR17-0064, Lorena Garcia, Page 2 of 11
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 proposed home business will allow the property owner to supplement family income
and reduce living expenses. The home business will be run primarily by the property
owners, who live on site, with up to three (3) external employees coming to the site mainly
to pick up and drop off the three (3) commercial dump trucks stored on site. The external
employees will be on site no more than two (2) hours on any given day as they will primarily
be on site to pick up and drop off the commercial vehicles.
The proposed second single family dwelling on site would provide the applicant the
opportunity to supplement family income and help reduce living expenses if and
when the second home onsite is used as a rental home.
Section 22-2-20.F.3. - A.Policy 6.3. states, "Encourage multi -generational, caretaker,
guest and accessory quarters."
The approval of this second dwelling as the secondary residence on site would also allow
the applicant to use the second dwelling to house unrelated persons and family which is
the main intended use of the second dwelling according to the applicants.
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 service provided to the site by Central Weld County Water District
through Tap #748. Per a letter from the water district provided to the planning department
in the USR application dated October 17, 2017, the current tap on site can be used for both
homes and an added surcharge for the second dwelling to be added to the tap has been
assessed on their water bill for the second home beginning on November 1, 2017.
According to the Weld County Environmental Health Departments referral for this case, the
parcel currently has a permitted septic (G19750618) on site for up to three (3) bedrooms
that is failing and needs to be replaced. The applicants have applied for and have been
issued a new septic permit (SP -1700380) for up to six (6) bedrooms that will replace the
failing septic and will also serve both residences. SP17-00380 has currently not received
final approval from the health department as a final inspection of the new septic system
has yet to be done. While the septic permit has not been finalized, the service has been
deemed reasonably obtainable for the more intensive use proposed in this USR request.
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.M of the Weld County Code allows through the approval of a Use by
Special Review Permit (USR) in the (A) Agricultural Zone District for one (1) single-family
dwelling unit per lot other than those permitted under section 23-3-20.A. (second single-
family dwelling unit). Also Section 23-3-40.P of the Weld County Code allows through the
approval of a USR in the (A) Agricultural Zone District a Home Business. The proposed
uses therefore are consistent with the intent of the (A) Agricultural Zone District.
USR17-0064, Lorena Garcia, Page 3 of 11
C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the
existing surrounding land uses.
The use and size of the lots that surround the property are all Agricultural Zoned Lots that
range between 4.5 and 7 acres in size. All of the lots surrounding the property except the
parcels adjacent and to the west are also located in the Casa Grande Estates Subdivision
and are zoned A (Agricultural). The parcels adjacent and to the west of the property are
not in a subdivision but are also zoned A (Agricultural). Single Family Home sites are the
primary use of all lots surrounding the parcel.
There is an approved Use by Special Review Permit (USR-1724) located directly south of
and adjacent to the proposed site that was approved for a home business to store one (1)
commercial vehicle and two (2) semi -trailers on site. There are also ten (10) nearby
approved USR permits within the Casa Grande Estates Subdivision and the Enchanted
Hills Subdivision, also zoned A (Agricultural) and located approximately 3/4 of a mile north
of the proposed site. Of the ten (10) approved USR permits, five (5) are permitted dog
kennels, two (2) are permitted home businesses, two (2) are permitted accessory
structures and one (1) is a permitted second residence.
The proposed USR for one (1) Single -Family Dwelling per lot other than those permitted
under Section 23-3-20.A and a Home Business (parking, storage and staging of up to three
(3) commercial dump trucks with up to three (3) external employees) in the A (Agricultural)
Zone District. is compatible with the existing surrounding residential and agricultural land
uses as the neighboring parcels are all primarily residential lots being used for similar uses.
The Weld County Department of Planning Services has received six (6) letters in opposition
to this USR proposal from surrounding property owners indicating opposition and concern
about the proposed Home Business and Second Home. The following is a summary of the
concerns outlined in the letters of opposition:
• Concerns that allowing this second residence would open the door for all
surrounding lots to be approved for second homes and would change the
character of the neighborhood.
• Concerns that the proposed Home Business may allow for unsightly
materials (i.e outdoor storage of concrete and commercial waste items)
to be allowed on site.
• Concerns that the approval of these uses will negatively affect
surrounding property values.
• Concerns that the applicant has already negatively impacted the historic
drainage on site by adding the new unpermitted home where it is located
on the lot, and that existing drainage problems on site were not properly
addressed in the USR application.
• Opposition to the approval of more than one home being allowed on a lot
in the subdivision as it is not something that has been approved before in
in the Casa Grande Estates subdivision and does not conform to the
historic rural residential land use approved for the subdivision.
• Concerns that waste from the proposed home business carried by the
commercial vehicles is already being dumped on site on the back side of
the lot which could affect the health safety and welfare of the people living
adjacent to the property.
USR17-0064, Lorena Garcia, Page 4 of 11
• Concerns that the applicants were not honest in their mandatory
community meeting they had held prior to this case being processed. And
concerns of the applicant's apparent disregard of laws and proper
procedure when asking for approval of these special uses on site.
• Concerns that the current up keep of the property is less than adequate
and with approval of this more intensive commercial use would
perpetuate these current issues on the site.
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 Town of Frederick and Town
of Firestone and is also located in the Town of Firestone's Intergovernmental Agreement
Area (IGA). The Town of Frederick in their referral comments, dated 11/16/2017 indicated
that they have no concerns and the Town of Firestone while they did not respond during
the referral period for this case, did submit a notice of inquiry letter in the application
submittal dated 11/13/2017 which stated that they had no concerns with the proposal and
were not interested in annexing the parcel at this time.
E. Section 23-2-220.A.5 -- The application complies with Chapter 23, Articles V and XI, of the
Weld County Code.
The property is not within the Geologic Hazard Overlay District, a Special Flood Hazard
Area or the Airport Overlay District.
Building Permits issued on the lot will be required to adhere to the fee structure of the
County -Wide Road Impact Fee Program.
Building Permits issued on the 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 home site is located on approximately 6.9 acres in a platted subdivision
zoned A (Agricultural). The soil designation for the site is "Other" per the 1979 Soil
Conservation Service Important Farmlands of Weld County Map. Due to the classification
given, the proposed USR will not take "Prime (Irrigated)" Farmland out of production.
G. Section 23-2-220.A.7 - There is adequate provisions for the protection of the health, safety,
and welfare of the inhabitants of the neighborhood and County.
The Design Standards (Section 23-2-240, Weld County Code), Operation Standards
(Section 23-2-250, Weld County Code), Conditions of Approval and Development
Standards can ensure that there are adequate provisions for the protection of health,
safety, and welfare of the inhabitants of the neighborhood and County.
This recommendation is based, in part, upon a review of the application materials submitted by the
applicant, other relevant information regarding the request, and responses from referral entities.
The Department of Planning Services' staff recommendation for approval is conditional upon the following:
USR17-0064, Lorena Garcia, Page 5 of 11
1. Prior to recording the plat:
A. The applicant shall address the requirements (concerns) of the Weld County Department of
Building Inspection, as stated in the referral response dated January 16, 2018. Evidence of
such shall be submitted, in writing, to the Weld County Department of Planning Services.
(Department of Building Inspection)
B. The On -Site Wastewater Treatment system permitted as SP -1700380 shall be installed in
accordance with the Weld County On -Site Wastewater Treatment System (OWTS)
Regulations. (Department of Public Health and Environment)
C. The applicant shall address the requirements of the Frederick -Firestone Fire Protection
District, as stated in the referral response dated November 21, 2017. Written evidence of
such shall be submitted to the Weld County Department of Planning Services. (Department
of Planning Services)
D. The applicant shall address the requirements of the Saint Vrain Valley School District RE -1J,
as stated in the referral response dated November 27, 2017. Written evidence of such shall
be submitted to the Weld County Department of Planning Services. (Department of Planning
Services)
E. The applicant shall provide evidence to the Department of Planning Services that all non-
commercial 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)
F. The map shall be amended to delineate the following:
1. All sheets of the map shall be labeled USR17-0064 (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. Show and label on the map all existing and proposed structures on the site.
(Department of Planning Services)
5. The map shall delineate the existing landscaping and the proposed screening.
(Department of Planning Services)
6. The map shall delineate all existing and proposed outdoor lighting. The lighting will
need to adhere to Section 23-2-250.D of the Weld County Code. (Department of
Planning Services)
7. All signs shall be shown on the map and shall adhere to Chapter 23, Article IV, Division
2 and Appendices 23-C, 23-D and 23-E of the Weld County Code. (Department of
Planning Services)
8. The map shall delineate the parking area on site for the commercial vehicles stored on
site and employee parking. (Department of Planning Services)
9. Show and label all recorded easements and rights -of -way on the map by book and
page number or reception number and date on the site plan map. (Department of
Planning Services)
USR17-0064, Lorena Garcia, Page 6 of 11
10. Apache Road 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 map the existing right-of-way. All
setbacks shall be measured from the edge of future right-of-way. This road is
maintained by Weld County. (Department of Public Works)
11. Show and label the approved access locations, and the appropriate turning radii (60')
on the site plan. (Department of Public Works)
12. Show and label the entrance gate, if applicable. An access approach that is gated shall
be designed so that the longest vehicle (including trailers) using the access can
completely clear the traveled way when the gate is closed. In no event, shall the
distance from the gate to the edge of the traveled surface be less than 35 feet.
(Department of Public Works)
13. The applicant shall show drainage flow arrows. (Department of Public Works -
Development Engineer)
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 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. 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 State
Plane Colorado North FIPS 0501 (US Feet)....etc.). This digital file may be sent to
maps@co.weld.co us. (Department of Planning Services)
5. Prior to Construction
A. The applicant must obtain an access permit in the approved location(s). (Department of Public
Works)
6. The Use by Special Review activity shall not occur, nor shall any building or electrical permits be
issued on the property, until the Use by Special Review map is ready to be recorded in the office
of the Weld County Clerk and Recorder or the applicant has been approved for an early release
agreement. (Department of Planning Services)
USR17-0064, Lorena Garcia, Page 7 of 11
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Lorena Garcia
USR17-0064
1. A Site Specific Development Plan and Use by Special Review Permit, USR17-0064, for One (1) Single -
Family Dwelling per lot other than those permitted under Section 23-3-20.A and a Home Business
(storage of up to three (3) commercial dump trucks and up to three (3) external employees) 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 7:00 a.m. - 8:00 p.m. Monday - Sunday. (Department of Planning Services)
4. The total number of on -site employees shall be 5. Up to 3 of those 5 employees are allowed to be
external employees that do not live on site. (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. 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)
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. (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, 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)
13. The facility shall adhere to the maximum permissible noise levels allowed in the Residential Zone as
delineated in 25 12 103 C.R.S. (Department of Public Health and Environment)
14. 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
USR17-0064, Lorena Garcia, Page 8 of 11
Weld County Department of Public Health and Environment. Portable toilets shall be serviced by a
cleaner licensed in Weld County and shall contain hand sanitizers. (Department of Public Health and
Environment)
15. If the existing septic system is utilized, for business use, the septic system shall be reviewed by a
Colorado Registered Professional Engineer. The review shall consist of observation of the system and
a technical review describing the system's ability to handle the proposed hydraulic load. 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 or
constructed the system shall be brought into compliance with current Regulations. (Department of
Public Health and Environment)
16. 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)
17. A permanent, adequate water supply shall be provided for drinking and sanitary purposes. (Department
of Public Health and Environment)
18. 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)
19. The property owner shall control noxious weeds on the site. (Department of Public Works)
20. 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)
21. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Department of Public Works)
22. 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)
23. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Planning
Services - Engineer)
24. Weld County is not responsible for the maintenance of onsite drainage related features. (Department
of Planning Services - Engineer)
25. Building permits will 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)
26. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code.
27. 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.
28. 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
USR17-0064, Lorena Garcia, Page 9 of 11
Development Standards are permitted. Any other changes shall be filed in the office of the Department
of Planning Services.
29. 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.
30. 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.
31. 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
USR17-0064, Lorena Garcia, Page 10 of 11
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.
USR17-0064, Lorena Garcia, Page 11 of 11
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.co.weld.co.us
E-MAIL: rreddick@weldgov.com
PHONE: (970) 353-6100, Ext. 3527
FAX: (970) 304-6498
March 12, 2018
GARCIA LORENA
9231 APACHE RD
LONGMONT, CO 80504
Subject: USR17-0064 - A Site Specific Development Plan and Use by Special Review Permit for One (1)
Single -Family Dwelling per lot other than those permitted under Section 23-3-20.A and a Home
Business (storage of up to 3 commercial dump trucks) in the A (Agricultural) Zone District.
On parcel(s) of land described as:
LOT 25 CASAGRANDE ESTATES 1ST ADDITION, BEING PART OF SECTION 17, T2N, R67W 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 April 11,
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.org
If you have any questions concerning this matter, please call.
Respectfully,
Ryder Reddick
Planner
February 21, 2018
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.co.weld.co.us
E-MAIL: rreddick@weldgov.com
PHONE: (970) 353-6100, Ext. 3527
FAX: (970) 304-6498
GARCIA LORENA
9231 APACHE RD
LONGMONT, CO 80504
Subject: USR17-0064 - A Site Specific Development Plan and Use by Special Review Permit for One (1)
Single -Family Dwelling per lot other than those permitted under Section 23-3-20.A and a Home
Business (storage of up to 3 commercial dump trucks) in the A (Agricultural) Zone District.
On Darcel(sl of land described as:
LOT 25 CASAGRANDE ESTATES 1ST ADDITION; PART OF SECTION 17, T2N, R67W OF THE 6TH
P.M., WELD COUNTY, COLORADO.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on March 20, 2018, at 12:30
p.m. A subsequent hearing with the Board of County Commissioners will be held on April 11, 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.org
If you have any questions concerning this matter, please call.
Respectfully,
Ryder Reddick
Planner
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.co.weld.co.us
E-MAIL: rreddick@weldgov.com
PHONE: (970) 353-6100, Ext. 3527
FAX: (970) 304-6498
November 15, 2017
GARCIA LORENA
9231 APACHE RD
LONGMONT, CO 80504
Subject: USR17-0064 - A Site Specific Development Plan and Use by Special Review Permit for One (1)
Single -Family Dwelling per lot other than those permitted under Section 23-3-20.A and a Home
Business (storage of up to 3 commercial dump trucks) in the A (Agricultural) Zone District.
On parcel(s) of land described as:
LOT 25 CASAGRANDE ESTATES 1ST; PART OF SECTION 17, T2N, R67W OF THE 6TH RM., 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:
Firestone at Phone Number 303-833-3291
Frederick at Phone Number 720-382-5500
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,
Ryder Reddick
Planner
FIELD CHECK
Inspection Date: 3/16/2018
Case Number: USR17-0064
Applicant: Lorena Garcia
Request: A Site -Specific Development Plan and Use by Special Review Permit for
One (1) Single -Family Dwelling per lot other than those permitted under
Section 23-3-20.A and a Home Business (parking, storage and staging of
up to three (3) commercial dump trucks) in the A (Agricultural) Zone
❑istrict.
Legal
Description:
Lot 25 Casagrande Estates First Addition being a part of Section 17, T2N,
R67W of the 6th P.M. Weld County, Colorado.
Location: West of and adjacent to Apache Road and approximately 0.2 miles north
of Pine Cone Avenue (Weld County Road 20).
Size of Parcel: +/- 6.903 acres
Parcel No. 1311-17-0-05-052
Zoning
Land Use
N
A (Agricultural)
N
Agricultural Subdivision (Rural Residential)
E
A (Agricultural)
E
Agricultural Subdivision (Rural Residential)
S
A (Agricultural)
S
Agricultural Subdivision (Rural Residential)
W
A (Agricultural)
W
Rural Residential
COMMENTS:
The site contains two single family residences and a barn and some animal pens. There are
three access points to the site off Apache Road 2 of the access points are for the two
residences off a half moon drive way and the 1 access point is primarily for oil and gas and also
used by the homeowners to access the back of their lot to park their commercial vehicles on
site.
Ryder eddick. Planner
Hello