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LAND USE APPLICATION
SUMMARY SHEET
Kim Ogle
USR18-0072
Steve and Carie Winter, clo Carter Sekerak, Carters Lawn Care, Inc.
Business Address 9370 County Road 70, Windsor, Colorado 80550
Hearing Date: November 6, 2018
A Site Specific Development Plan and Use by Special Review Permit for a Use
permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the
Commercial or Industrial Zone Districts (Landscape Construction and Maintenance
Business) and more than one conex container utilized for secure storage, provided that
the property is not a lot in an approved or recorded subdivision plat or lots part of a map or
plan filed prior to adoption of any regulations controlling subdivisions in the A (Agricultural)
Zone District
Lot A RE -2206 being a part of the NW4 of Section 15, T6N, R67W of the 6th P.M., Weld
County, CO
South of and adjacent to CR 70: approximately 1300 feet east of CR 19
+1- 21.56 acres Parcel No. 0807-15-0-00-058
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 August 21, 2018
Weld County Department of Public Health and Environment, referral dated September 13, 2018
Weld County Department of Public Works, referral dated September 21, 2018
Town of Windsor, referral dated September 25, 2018
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
Colorado Parks and Wildlife, referral dated September 7, 2018
Weld County Sheriff's Office, referral dated September 14, 2018
The Department of Planning Services' staff has not received responses from the following agencies:
Weld County Department of Building Inspection
Windsor -Severance Fire Protection District
West Greeley Conservation District
Weld County School District RE -4
Town of Severance
USR18-0072, Winter clo Sekerak
Page 1 of 12
Planner:
Case Number:
Applicant:
Situs:
Request:
SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
Kim Ogle
USR18-0072
Steve and Carie Winter, c/o Carter Sekerak, Carters Lawn Care, Inc.
Business Address 9370 County Road 70, Windsor, Colorado 80550
Hearing Date: November 6, 2018
A Site Specific Development Plan and Use by Special Review Permit for a Use
permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the
Commercial or Industrial Zone Districts (Landscape Construction and Maintenance
Business) and more than one conex container utilized for secure storage, provided that
the property is not a lot in an approved or recorded subdivision plat or lots part of a map or
plan filed prior to adoption of any regulations controlling subdivisions in the A (Agricultural)
Zone District
Legal Lot A RE -2206 being a part of the NW4 of Section 15, T6N, R67W of the 6th P.M., Weld
Description: County, CO
Location: South of and adjacent to CR 70; approximately 1300 feet east of CR 19
Size of Parcel: +/- 21.56 acres Parcel No. 0807-15-0-00-058
Case Summary:
The applicants are requesting a Use by Special Review permit for a landscape construction and
maintenance storage yard with office. The property owners are leasing land to Carters Lawn Care, Inc.
who employs up to twelve (12) employees based on seasonal demands. Hours of operation are 8:00 a.m.
to 5:00 p.m. Monday thru Friday and 8:00 a.m.to Noon on Saturday. The existing landscaping on the site
consists of limited vegetation and includes trees, shrubs and grasses. The applicants are not proposing any
additional landscaping or screening. Staff is recommending screening of the employee parking area and
any associated outdoor storage of equipment or materials.
This case is an active Zoning Violation (ZCV17-00371) which was initiated due to the presence of a
landscaping business without first completing the necessary Weld County Zoning Permits. This case
has been forwarded to the County Attorney's Office.
Approval of this application by the Board of County Commissioners, conditions of approval met and the
USR map recorded, this violation would correct a portion of the outstanding violations. The applicant
shall also reduce to 2 (two) cargo containers or include additional cargo containers in this USR
permitting process. Lastly, the camper/trailer-RV shall be abated as a dwelling unit.
If this application is denied, the case will continue through the County Court process until all but 1 (one)
Commercial Vehicle (which is allowed as an Accessory Use in the (A) Agriculture Zone District) is
removed and the number of cargo containers is reduced to 2 (two) (and appropriately permitted) and the
camper/trailer-RV shall be abated as a dwelling unit.
USR18-0072, Winter clo Sekerak
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THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE
DENIED 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 not 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 not consistent with Chapter 22 and any other applicable
code provisions or ordinance in effect.
Section 22-2-20.G.7 - A.Policy 7.3 states, "Conversion of agricultural land to urban residential,
commercial and industrial uses should be considered when the subject site is located inside an
Intergovernmental Agreement area, Urban Growth Boundary area, Regional Urbanization Area or
Urban Development Nodes, or where adequate services are currently available or reasonably
obtainable. A municipality's adopted comprehensive plan should be considered, but should not
determine the appropriateness of such conversion."
This site is located within three miles of the Towns of Severance and Windsor. The Town of
Severance did not return a referral and the Town of Windsor in a referral dated September 25, 2018
states "The Town of Windsor Planning Commission has reviewed this referral in accordance with the
Weld County -Windsor Coordinated Planning Agreement (CPA), and has included recommendations
regarding this land use concept for your consideration.
The property is located within the Town of Windsor's Growth Management Area (GMA) and per the
Town's Comprehensive Plan, the Land Use Plan depicts this area as "High Density Estate Single
Family Residential." The western and southern boundary of the parcel is contiguous with the Town of
Windsor corporate limits and adjacent to a single-family residential neighborhood within the Town's
zoning district of Single Family Residential (SF -1). This property is eligible for annexation, but not
warranted until subdivision of the property.
The use proposed is not consistent with the adjacent residential use or the Town of Windsor's Land
Use Plan. Therefore, The Town requests that in the event this use is approved that every effort is made to
mitigate the potential impacts such as increased traffic, fumes, noise, and visible storage."
Section 22-2-20.H.8 - A.Policy 8.4. states, "The land use applicants should demonstrate that
drainage providing stormwater management for the proposed land use change is adequate for the
type and style of development and meets the requirements of county, state and federal rules and
regulations."
The Town of Windsor in the referral dated September 25, 2018 stated "In the application, it is not a
correct statement that all stormwater is contained on the property. Surface grading exists such that
storm flows currently exit the property undetained. For example, the property is known to discharge at
the southeast corner where a farm access was historically located. Any increase in impervious surface
or changes to grading will need to be addressed."
The Department of Planning Services has received two (2) letters of concern/opposition from
property owners who live to the west and south of the proposed site. The letters listed several
common concerns/issues:
• The business is not an agricultural related use;
• Impacts on property values, including re -sale opportunities;
• A potential eyesore;
USR18-0072, Winter clo Sekerak
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• Nuisance vermin and debris including rodents and insects from chipper debris
• Not compliant with current land uses and future expectations;
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.
Should the Planning Commission approve the proposal, the Department of Planning Services recommends
the following conditions:
1. Prior to recording the USR map:
A. The property owner and or applicant shall address the recommendations of the Town of Windsor
Planning Commission, if this use is approved, as outlined in the Town referral dated September 25,
2018.
1) The Town asks for substantial efforts to mitigate any potential impacts such as increased traffic,
dust, pollution, noise and visible outdoor storage. (Town of Windsor Planning Commission)
2) Coordination of access on County Road 70 with adjacent properties to minimize traffic impacts to
residential neighbors and future arterial roads. (Town of Windsor Planning Commission)
3) Any significant change in generated traffic beyond stated traffic in the application will need to be
revisited. (Town of Windsor Planning Commission)
4) Tying into the sewer line stubbed to the property, contingent on further coordination with
Windsor. (Town of Windsor Planning Commission)
5) The Town is opposed to a permanent use of a portable toilet. The site and building need to
adhere to all health and building codes. (Town of Windsor Planning Commission)
6) Require that all stormwater is retained on site. (Town of Windsor Planning Commission)
7) Require screening/buffer on the property adjacent to residential uses, consistent with the CPA
design standards. (Town of Windsor Planning Commission)
8) A plan to pave the parking and interior drives, per the CPA standards. (Town of Windsor
Planning Commission)
9) Adherence to all other CPA design standards. (Town of Windsor Planning Commission)
B. The applicant shall submit a recorded copy of any agreement signed by all of the owners of the
property crossed by the access. The access shall be for ingress, egress, utilities and shall be
referenced on the USR map by the Weld County Clerk and Recorder's Reception number.
(Department of Planning Services)
C. The applicant shall develop a Lighting Plan for review and approval, in accordance with Section 23-
3-250.B.6 of the Weld County Code. (Department of Planning Services)
D. The applicant shall develop and submit a visual mitigation, landscape and screening plan to the
Department of Planning Services for review and approval. (Department of Planning Services)
E. The applicant shall develop and submit a noise mitigation plan to the Department of Planning
Services for review and approval. (Department of Planning Services)
USR18-0072, Winter clo Sekerak
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F. The applicant shall submit building permits for the conex containers located on the property.
(Department of Planning Services)
G. The map shall be amended to delineate the following:
2. All sheets of the map shall be labeled USR18-0072. (Department of Planning Services)
1) The attached Development Standards. (Department of Planning Services)
2) The map shall be prepared per Section 23-2-260.D of the Weld County Code. (Department of
Planning Services)
3) The applicant shall delineate 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)
4) If applicable, 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)
5) The map shall delineate the lighting incorporating the dark sky policy, if applicable. (Department
of Planning Services)
6) County Road 70 is a paved road and is designated on the Weld County Functional Classification
Map as a collector road which requires 80 feet of right-of-way at full buildout. The applicant shall
delineate on the site plan the future and 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)
7) Show and label the approved access locations, approved access width and the appropriate
turning radii (60') on the site plan. The applicant must obtain an access permit in the approved
location(s) prior to construction. (Department of Public Works)
8) 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)
9) The applicant shall show the drainage flow arrows. (Department of Public Works)
10) Show and label the parking and traffic circulation flow arrows showing how the traffic moves
around the property. (Department of Public Works)
11) Show and label all structures on the property. (Department of Planning Services)
12) Show the approved Visual Mitigation, Landscape and Screening Plan. (Department of Planning
Services)
13) Show and label the employee and equipment parking and storage areas. (Department of
Planning Services)
3. Prior to construction:
A. If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required.
(Department of Public Works)
4. Upon completion of Condition of Approval #1 above, the applicant shall submit one (1) electronic copy
USR18-0072, Winter clo Sekerak
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(.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)
5. 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)
6. 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 (Le., 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)
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 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)
USR18-0072, Winter clo Sekerak
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Steve and Carie Winter
c/o Carters Lawn Care, Inc.
USR18-0072
1. A Site Specific Development Plan and Use by Special Review Permit, USR18-0072, for a Use
permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the Commercial or
Industrial Zone Districts (Landscape Construction and Maintenance Business) and more than one conex
container utilized for secure storage, provided that the property is not a lot in an approved or recorded
subdivision plat or lots part of a map or plan filed prior to adoption of any regulations controlling
subdivisions in the A (Agricultural) Zone District, 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. to 5:00 p.m. Monday thru Friday and 8:00 a.m. to Noon on
Saturday. (Department of Planning Services)
4. The number of employees shall be twelve (12). (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 visual mitigation and screening on the site shall be maintained in accordance with the approved
Landscape/Screening Plan. (Department of Planning Services)
8. The approved Noise Mitigation Plan shall be maintained. (Department of Planning Services)
9. Lighting shall b maintained in accordance with the approved Lighting Pan (Department of Planning
Services)
10. The property owner shall control noxious weeds on the site. (Department of Public Works)
11. The access on the site shall be maintained to mitigate any impacts to the public road including damages
and/or offsite tracking. (Department of Public Works)
12. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Department of Public Works)
13. 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)
14. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Public
Works)
14. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5,
C.R.5.) shall be stored and removed for final disposal in a manner that protects against surface and
groundwater contamination. (Department of Public Health and Environment)
USR18-0072, Winter clo Sekerak
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15. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those
wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites and
Facilities Act, 30-20-100.5, C.R.S. (Department of Public Health and Environment)
16. 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 facility shall operate
in accordance with Chapter 14, Article 1 of the Weld County Code. (Department of Public Health and
Environment)
17. Fugitive dust should attempt to be confined on the property. Uses on the property should comply with
the Colorado Air Quality Commission's air quality regulations. (Department of Public Health and
Environment)
18. Facility shall adhere to the composting regulations for conditional exempt compost operations as
outlined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S. and as applicable.
(Department of Public Health and Environment)
19. For employees or contractors on site for less than 2 consecutive hours a day, and 2 or less full time
employees on site, portable toilets and bottled water are acceptable. Records of maintenance and
proper disposal for portable toilets shall be retained on a quarterly basis and available for review by the
Weld County Department of Public Health and Environment. Portable toilets shall be serviced by a
cleaner licensed in Weld County and shall contain hand sanitizers. (Department of Public Health and
Environment)
20. 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)
21. This 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)
22. All pesticides, fertilizer, and other potentially hazardous chemicals must be handled in a safe manner in
accordance with product labeling and in a manner, that minimizes the release of hazardous air pollutants
(HAPs) and volatile organic compounds (VOCs). All chemicals must be stored securely, on an
impervious surface, and in accordance with manufacturers' recommendations. (Department of Public
Health and Environment)
23. The operation shall comply with all applicable rules and regulations of State and Federal agencies and
the Weld County Code. (Department of Public Health and Environment)
24. Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties where
such would cause a nuisance or interfere with the use on the adjacent properties in accordance with the
plan. Neither the direct, nor reflected, light from any light source may create a traffic hazard to operators
of motor vehicles on public or private streets. No colored lights may be used which may be confused
with, or construed as, traffic control devices. (Department of Planning Services)
25. A building permit may be required, per Section 29-3-10 of the Weld County Code. Currently the following
has been adopted by Weld County: 2012 International Codes; 2006 International Energy Code; 2017
National Electrical Code; A building permit application must be completed and two complete sets of
engineered plans bearing the wet stamp of a Colorado registered architect or engineer must be
USR18-0072, Winter clo Sekerak
Page 8 of 12
submitted for review. A geotechnical engineering report performed by a registered State of Colorado
engineer shall be required or an open hole inspection. (Department of Building Inspection)
26. Necessary personnel from the Weld County Departments of Planning Services, Public Works, and
Public Health and Environment shall be granted access onto the property at any reasonable time in
order to ensure the activities carried out on the property comply with the Conditions of Approval and
Development Standards stated herein and all applicable Weld County regulations.
27. The Use by Special Review area shall be limited to the plans shown hereon and governed by the
foregoing standards and all applicable Weld County regulations. Substantial changes from the plans or
Development Standards, as shown or stated, shall require the approval of an amendment of the Permit
by the Weld County Board of County Commissioners before such changes from the plans or
Development Standards are permitted. Any other changes shall be filed in the office of the Department of
Planning Services.
28. The property owner or operator shall be responsible for complying with all of the foregoing Development
Standards. Noncompliance with any of the foregoing Development Standards may be reason for
revocation of the Permit by the Board of County Commissioners.
29. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of the most
abundant mineral resources, including, but not limited to, sand and gravel, oil, natural gas, and coal.
Under title 34 of the Colorado Revised Statutes, minerals are vital resources becausethe state's
commercial mineral deposits are essential to the state's economy; (b) the populous counties of the state
face a critical shortage of such deposits; and (c) such deposits should be extracted according to a
rational plan, calculated to avoid waste of such deposits and cause the least practicable disruption of the
ecology and quality of life of the citizens of the populous counties of the state.
Mineral resource locations are widespread throughout the County and person moving into these areas
must recognize the various impacts associated with this development. Often times, mineral resource
sites are fixed to their geographical and geophysical locations. Moreover, these resources are protected
property rights and mineral owners should be afforded the opportunity to extract the mineral resource.
30. WELD COUNTY'S RIGHT TO FARM STATEMENT: Weld County is one of the most productive
agricultural counties in the United States, typically ranking in the top ten counties in the country in total
market value of agricultural products sold. The rural areas of Weld County may be open and spacious,
but they are intensively used for agriculture. Persons moving into a rural area must recognize and accept
there are drawbacks, including conflicts with long-standing agricultural practices and a lower level of
services than in town. Along with the drawbacks come the incentives which attract urban dwellers to
relocate to rural areas: open views, spaciousness, wildlife, lack of city noise and congestion, and the
rural atmosphere and way of life. Without neighboring farms, those features which attract urban dwellers
to rural Weld County would quickly be gone forever.
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area. Well -run agricultural activities
will generate off -site impacts, including noise from tractors and equipment; slow -moving farm vehicles on
rural roads; dust from animal pens, field work, harvest and gravel roads; odor from animal confinement,
silage and manure; smoke from ditch burning; flies and mosquitoes; hunting and trapping activities;
shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and fertilizers in the fields,
including the use of aerial spraying. It is common practice for agricultural producers to utilize an
accumulation of agricultural machinery and supplies to assist in their agricultural operations. A
concentration of miscellaneous agricultural materials often produces a visual disparity between rural
and urban areas of the County. Section 35-3.5- 102, C.R.5., 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.
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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, 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.
USR18-0072, Winter clo Sekerak
Page 10 of 12
September 28, 2018
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.weldgov.com
E-MAIL: kogle@weldgov.com
PHONE: (970) 400-3549
FAX: (970) 304-6498
Carter Sekerak
652 Wind River Court
Windsor, CO 80550
Subject: USR18-0072 - A Site Specific Development Plan and Use by Special Review
Permit for a Use permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the
Commercial or Industrial Zone Districts (Landscape Construction and Maintenance Business) provided
that the property is not a lot in an approved or recorded subdivision plat or lots part of a map or plan
filed prior to adoption of any regulations controlling subdivisions in the A (Agricultural) Zone District
On parcel(s) of land described as:
PART NW4 SECTION 15, T6N, R67W LOTA REC EXEMPT RE -2206 of the 6th P.M., Weld County,
Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on November 6, 2018, at 12:30
p.m. A subsequent hearing with the Board of County Commissioners will be held on November 21,
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,
Kim Ogle
Planner
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.weldgov.com
E-MAIL: kogle@weldgov.com
PHONE: (970) 400-3549
FAX: (970) 304-6498
August 20, 2018
CARTER SEKERAK
652 WIND RIVER COURT
WINDSOR, CO 80550
Subject: USR18-0072 - A Site Specific Development Plan and Use by Special Review
Permit for a Use permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the
Commercial or Industrial Zone Districts (Landscape Construction and Maintenance Business) provided
that the property is not a lot in an approved or recorded subdivision plat or lots part of a map or plan
filed prior to adoption of any regulations controlling subdivisions in the A (Agricultural) Zone District
On parcel(s) of land described as:
PART NW4 SECTION 15, T6N, R67W LOT A REC EXEMPT RE -2206 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:
Severance at Phone Number 970-686-1218
Windsor at Phone Number 970-674-2400
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,
Planner
FIELD CHECK - USR18-0072
Inspection Date: October 6, 2018
Applicant: Steve and Carie Winter, do Carter Sekerak, Carters Lawn Care, Inc.
Request:
A Site Specific Development Plan and Use by Special Review Permit for a Use permitted
as a Use by Right, an Accessory Use, or a Use by Special Review in the Commercial or
Industrial Zone Districts (Landscape Construction and Maintenance Business) and more than
one conex container utilized for secure storage, provided that the property is not a lot in an
approved or recorded subdivision plat or lots part of a map or plan filed prior to adoption of any
regulations controlling subdivisions in the A (Agricultural) Zone District
Location: South of and adjacent to CR 70; approximately 1300 feet east of CR 19
Size of Parcel: +/- 21.56 acres
Parcel No. 0807-15-0-00-058
Zoning
Land Use
N
AGRICULTURE
N
RURAL RESIDENCES, OIL AND GAS AGRICULTURE
E
AGRICULTURE
E
RURAL RESIDENCE ON VACANT GROUNDS W SLOPE
S
TOWN OF WINDSOR
S
WINTER FARM RESIDENTIAL SUBDIVISION
W
TOWN OF WINDSOR
W
WINTER FARM RESIDENTIAL SUBDIVISION
Comments:
The property is fenced with a combination of fence panels and three strand barb wire. There is a ranch
style brick residence on the property. There are three gravel accesses onto the property, the middle
access appears to be used by the residence with additional tracks to the south. The western and eastern
access are used for activities not associated with the residence and appear to have been old farm
buildings access. The eastern access is likely also used for oil and gas encumbrances.
There is little vegetation on site, a few trees and grasses, otherwise wide open spaces with mown plant
material. Multiple metal skinned outbuildings are on the property primarily located to the south of the
residence.
At time of visit there were vehicles and equipment visible from County road 70 looking south and from the
Winter Farm subdivision looking north. No screening was apparent from my vantage points. A fifth wheel
with the side panels extended was visible, and there are more than two conex containers present on site.
County Road 70 is a two lane paved road with limited shoulders. There is a slight drop heading west on
the road
Signature
❑ Access to Property, graveled and graded
❑ Site Distance, good visibility
❑ Oil & Gas Structures on this and adjacent property
❑ Topography, generally slopes to the south before dropping to the south toward the subdivision.
Note any commercial business/commercial vehicles that are operating from the site. Violation
Carter's Landscape and Lawn Care, Inc.
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