HomeMy WebLinkAbout20183036.tiffLAND USE APPLICATION
SUMMARY SHEET
Planner: Kim Ogle Hearing Date: September 18, 2018
Case Number: USR18-0058
Applicants: George and Lauren Sagner
Situs: 10606 County Road 23, Fort Lupton, CO 80621
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) 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 RECX 12-0101 being a part of the NW4 of Section 12, T2N, R67W of the 6th P.M.,
Description: Weld County, CO
Location: Approximately 400 feet north of CR 22.5; East of and adjacent to CR 23.
Size of Parcel: +/- 4.06 acres Parcel No. 1311-12-2-00-007
POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS
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 June 28, 2018
Y Weld County Department of Public Health and Environment, referral dated July 10, 2018
Y Weld County Department of Public Works, referral dated July 20, 2018
Anadarko Petroleum Corporation, referral dated July 20, 2018
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
Y Weld County Sheriff's Office, referral dated June 25, 2018
Y Fort Lupton Fire Protection District, referral dated June 25, 2018
Y Colorado Parks and Wildlife, referral dated June 27, 2018
Y Town of Firestone, referral dated July 30, 2018
The Department of Planning Services' staff has not received responses from the following agencies:
▪ City of Fort Lupton
▪ Meadow Island Ditch Company
Y Platte Valley Conservation District
Y Weld County Department of Building Inspection
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SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
Planner: Kim Ogle Hearing Date: September 18, 2018
Case Number: USR18-0058
Applicants: George and Lauren Sagner
Situs: 10606 County Road 23, Fort Lupton, CO 80621
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) 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 RECX 12-0101 being a part of the NW4 of Section 12, T2N, R67W of the 6th P.M.,
Description: Weld County, CO
Location: Approximately 400 feet north of CR 22.5; East of and adjacent to CR 23.
Size of Parcel: +/- 4.06 acres Parcel No. 1311-12-2-00-007
Case Summary:
The applicants are requesting a Use by Special Review permit for a landscape maintenance business The
property resident is the business owner and has nine employees. Hours of operation are 7:00 a.m. to 7:00
p.m. Monday thru Saturday during the months of April through September. During winter months October
through March the hours are 24 hours a day/ seven days a week to provide for snow removal activities.
The existing landscaping on the site consists of 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 (ZCV18-00053) which was initiated due to the operation of a
landscaping company without first completing the necessary Weld County Zoning Permits. If this
application is approved by the Board of County Commissioners, conditions of approval met and the USR
map recorded this violation will be corrected. If this application is denied the Department of Planning
Services asks that the Board of County Commissioners forward this case to the County Attorney's Office
for legal action through the District Court process, but to delay that legal action for thirty (30) days to
allow the applicant time to remove all but 1 Commercial Vehicle and all storage of equipment and
materials 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:
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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 - A.Goal 7 states, "County land use regulations should protect the
individual property owner's right to request a land use change." And Section 22-2-20.G.2-
A.Policy 7.2 states, "Conversion of agricultural land to nonurban residential, commercial,
and industrial uses should be accommodated when the subject site is in an area that can
support such development, and should attempt to be compatible with the region."
The applicants are requesting a Use by Special Review permit for landscape maintenance
business on land that is also their personal residence. The property owner employs twenty-
five persons who will access the property in the morning, park their vehicles and leave in a
company owned vehicles. Hours of operation are 7:00 a.m. to 7:00 p.m. Monday thru
Saturday during the months of April through September. During winter months October
through March the hours are 24 hours a day/ seven days a week to provide for snow removal
activities. The existing landscaping on the site consists of grasses with future plans to install
landscaping around the new residence. 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.
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 the Intergovernmental Agreement and Coordinated Planning Area
for the municipalities of Platteville, Firestone and Fort Lupton and is located within three
miles of the Town of Firestone and the City of Fort Lupton. The Town of firestone returned
a referral dated July 30, 3028 indicating no concerns. The City of Fort Lupton did not return
a referral response. The site is located within Quadrant II of the City of Fort Lupton Three
Mile Area Plan adopted in January 2018. The Plan identifies issues that should be
addressed prior to any parcel of land being annexed into the City of Fort Lupton, but does
not propose the annexation of any lands near the City of Fort Lupton. Annexation of any land
into the City of Fort Lupton remains a decision of the individual landowner.
Section 22-2-20.H.8 - A.Policy 8.3 states, "The land use applicants should demonstrate that
the roadway facilities associated with the proposed development are adequate in width,
classification and structural capacity to serve the proposed land use change."
The referral comments from the Department of Public Works state that CR 23 is a paved
road classified on the Weld County Transportation Plan as a Collector Road. The
Department of Public Works did not have any concerns with the use of this road for this USR.
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 drainage narrative was submitted and reviewed by the Department of Public Works. No
concerns were identified with the stormwater management.
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Section 22-2-20.H.8 - A.Policy 8.5. states, "The land use applicants should demonstrate that
public service providers, such as but not limited to schools, emergency services and fire
protection, are informed of the proposed development and are given adequate opportunity
to comment on the proposal."
The USR request was sent to twelve (12) referral agencies including municipalities within
three miles and the fire district. The referral agencies had 28 days to review this USR and
most of them submitted response of no concerns' with the rest submitting comments or
conditions that are incorporated as Conditions of Approval or Development Standards in the
staff recommendation.
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. which allows for 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
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.
Section 23-3-10 - Intent states, "The A (Agricultural) Zone District is also intended to provide
areas for the conduct of uses by Special Review which have been determined to be more
intense or to have a potentially greater impact than uses Allowed by Right."
The proposed USR is in an area that can support this development and 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.
C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing
surrounding land uses.
The adjacent lands consist of pastures, crops, and rural residences. There are ten (10)
houses within approximately 1000 feet of the site. The closest residence is approximately
160 feet south of the property line.
There are several USRs within one mile of this site. USR1391 is for a retail shop and tree
decorating business and USR14-0042 for a high pressure gas pipeline located to the north;
to the east is the Floodplain and Floodway of the South Platter River, USR-911 for a tractor
and farm implement sales company; USR12-00019 for a mineral resource development
facility; USR-1591 for outdoor vehicle storage and USR13-0035 for a pipeline storage facility;
to the south is USR-1639 for a directional drilling company, MUSR14-0022 for a natural gas
pipeline and USR-1444 for gravel mining, and to the west are USR-1120 for an equine
training facility, USR13-0017 for mineral resource development facility and USR-1063 for a
24 -inch natural gas pipeline.
The Weld County Department of Planning Services has not received phone calls or
correspondence from the surrounding property owners or interested persons regarding this
Use by Special Review (USR).
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.
This site is located within the Intergovernmental Agreement and Coordinated Planning Area
for the municipalities of Platteville, Firestone and Fort Lupton and is located within three
miles of the Town of Firestone and the City of Fort Lupton. The Town of firestone returned
a referral dated July 30, 3028 indicating not concerns. The City of Fort Lupton did not return
a referral response.
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E. Section 23-2-220.A.5 -- The application complies with Chapter 23, Articles V and XI, of the
Weld County Code.
The site is not in a Floodplain, Geologic Hazard or the Airport Overlay Districts.
Building Permits issued on the lot will be required to adhere to the fee structure of the County -
Wide Road Impact Fee, 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 landscape business is located on 4 acre of soil designated as "Irrigated Land
(Not Prime)" per the 1979 Soil Conservation Service Important Farmlands of Weld County
Map. There are no new structures proposed so the USR will not take any 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 andCounty.
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 map:
A. An Improvements and Road Maintenance Agreement is required for off -site improvements at this
location. Road maintenance includes, but is not limited to, dust control and damage repair to
specified haul routes. The Agreement shall include provisions addressing engineering requirements,
submission of collateral (if required), and testing and approval of completed improvements.
(Department of Public Works)
B. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR18-0058. (Department of Planning Services)
2) The attached Development Standards. (Department of Planning Services)
3) The map shall be prepared per Section 23-2-260.D of the Weld County Code. (Department of
Planning Services)
4) 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)
5) 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)
6) The map shall delineate the lighting, incorporating Dark Sky standards, if applicable.
(Department of Planning Services)
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7) County Road 23 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. This road is maintained by Weld
County. (Department of Public Works)
8) 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)
9) Show and label the approved tracking control on the site plan. (Department of Public Works)
10) 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)
11) The applicant shall show the drainage flow arrows. (Department of Public Works)
12) Show and label the parking. (Department of Public Works)
13) Show the visual mitigation to screen the parking of vehicles, parking and staging of equipment
and outdoor storage of materials from public rights -of -way and adjacent property. (Department
of Planning Services)
2. Prior to Construction:
A. The approved access and tracking control shall be constructed prior to on -site construction. This site
requires a tracking control device and a minimum of 300 feet of recycled asphalt or road base.
(Department of Public Works)
B. If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required.
(Department of Public Works)
3. Upon completion of Condition of Approval #1 above, the applicant shall submit one (1) electronic copy
(.pdf) of the map for preliminary approval to the Weld County Department of Planning Services. Upon
approval of the map the applicant shall submit a Mylar map along with all other documentation required
as Conditions of Approval. The Mylar map shall be recorded in the office of the Weld County Clerk and
Recorder by the Department of Planning Services. The map shall be prepared in accordance with the
requirements of Section 23-2-260.D of the Weld County Code. The Mylar map and additional
requirements shall be submitted within one hundred twenty (120) days from the date of the Board of
County Commissioners Resolution. The applicant shall be responsible for paying the recording fee.
(Department of Planning Services)
4. 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)
5. 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.).Thisdigitalfilemaybesenttomaps@co.weld.co.us. (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 map is ready to be recorded in the office of the Weld
County Clerk and Recorder or the applicant has been approved for an early release agreement.
(Department of Planning Services)
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
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1. A Site Specific Development Plan and Use by Special Review Permit, USR18-0058, 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, 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. to 7:00 p.m. Monday thru Saturday during the months of April through September and
24 hours a day/ seven days a week during the months of October through March to provide for snow
removal activities. (Department of Planning Services)
4. The number of employees shall be forty (40). (Department of Planning Services)
5. The parking area on the site shall be maintained. (Department of Planning Services)
6. The visual mitigation to screen vehicles, equipment and materials sored on site shall be maintained.
(Department of Planning Services)
7. 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)
8. The property owner shall control noxious weeds on the site. (Department of Public Works)
9. The access on the site shall be maintained to mitigate any impacts to the public road including damages
and/or off -site tracking. (Department of Public Works)
10. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Department of Public Works)
11. 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)
12. The Property Owner shall comply with all requirements provided in the executed Improvements
Agreement. (Department of Public Works)
13. The Improvements Agreement for this site shall be reviewed on an annual basis, including possible
updates (Department of Public Works)
14. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Public
Works)
15. Weld County is not responsible for the maintenance of onsite drainage related features. (Department of
Public Works)
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15. 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)
16. 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)
17. 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)
18. 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)
19. Adequate drinking, handwashing and toilet facilities shall be provided for employees of the facility, at all
times. Any septic system located on the property must comply with all provisions of the Weld County
Code, pertaining to Onsite Waste Water Treatment Systems. (Department of Public Health and
Environment)
20. A permanent, adequate water supply shall be provided for drinking and sanitary purposes. The existing
well (permit 291979) cannot be used for the business unless it is re -permitted to allow commercial use.
(Department of Public Health and Environment)
21. 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)
22. 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)
23. 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)
24. 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)
25. Sources of light shall be shielded and incorporate Dark Sky standards 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)
26. 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; 2014
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 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)
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
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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
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 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.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.
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
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enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must leave their
jobs and families to respond to emergencies. County gravel roads, no matter how often they are bladed,
will not provide the same kind of surface expected from a paved road. Snow removal priorities mean that
roads from subdivisions to arterials may not be cleared for several days after a major snowstorm.
Services in rural areas, in many cases, will not be equivalent to municipal services. Rural dwellers must,
by necessity, be more self-sufficient than urban dwellers.
People are exposed to different hazards in the County than in an urban or suburban setting. Farm
equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center
pivot operations, high speed traffic, sand burs, puncture vines, territorial farm dogs and livestock, and
open burning present real threats. Controlling children's activities is important, not only for their safety,
but also for the protection of the farmer's livelihood.
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August 27, 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
SAGNER GEORGE WILLIAM JR
10606 CR 23
FORT LUPTON, CO 806219611
Subject: USR18-0058 - 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 12, T2N, R67W LOTA REC EXEMPT RECX12-0101 OF THE 6TH P.M., WELD
COUNTY, COLORADO.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on September 18, 2018, at
12:30 p.m. A subsequent hearing with the Board of County Commissioners will be held on October 3,
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 Ogl
Planner
June 22, 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
SAGNER PAT
10606 CR 23
FORT LUPTON, CO 806219611
Subject: USR18-0058 - 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 12, T2N, R67W LOT A REC EXEMPT RECX12-0101 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:
Firestone at Phone Number 303-833-3291
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,
Planner
FIELD CHECK - USR18-0058
Inspection Date: September 5, 2018
Applicant: George and Lauren Sagner
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)
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 RECX 12-0101 being a part of the NW4 of Section 12, T2N, R67W of the 6th P.M.,
Weld County, CO
Location: Approximately 400 feet north of CR 22.5; East of and adjacent to CR 23
Size of Parcel:
+/- 4.06 acres
Parcel No. 1311-12-2-00-007
Zoning
Land Use
N
AGRICULTURE
N
Rural Residence
E
AGRICULTURE
E
Rural Residence
S
AGRICULTURE
S
Rural Residence
W
AGRICULTURE
W
Rural Residence
Comments:
The property is partially fenced to the south adjacent to County Road 23, with the remaining lands being
unfenced. The single point of access is off of County Road 23, and serves the residence which is sited
parallel to the County road with the lone outbuilding located to the northeast of the residence. Internal
drives are graveled with a concrete pad located south of the residence. Lands around the residence are
landscaped and well maintained.
Company vehicles are parked around the metal skinned outbuilding and equipment are parked near the
eastern property line. All areas not a part of the business activities are in native mown grasses.
Signature
❑ Access to Property, graveled and graded
❑ Site Distance, good visibility
❑ Oil & Gas Structures property
❑ Topography, generally slopes to the east away from County Road 23
Note any commercial business/commercial vehicles that are operating from the site.
Yes, JRs Landscape, in review here
Hello