HomeMy WebLinkAbout20183695.tiffLAND USE APPLICATION
SUMMARY SHEET
Planner: Diana Aungst Hearing Date: November 6, 2018
Case Number: USR18-0064
Applicant: Russell Baker & Georgia Gilmore
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 and Industrial Zone Districts (truck parking) provided that the property is
not a lot in an approved or recorded subdivision plat or lots parts of a map or plan
filed prior to adoption of any regulations controlling subdivisions in the A (Agricultural)
Zone District
Legal Lot A Recorded Exemption RECX15-0028 being a part of the W2NE4 Section 28,
Description: T5N, R65W of the 61h P.M., Weld County, CO
Location: South of and adjacent to CR 54 and approximately 0.33 miles west of CR 43
Size of Parcel:
+1- 10.00 acres Parcel No. 0961-28-1-00-010
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:
F Weld County Planning Services - Floodplain, referral dated July 23, 2018
y Weld County Department of Public Works, referral dated August 16, 2018
Weld County Department of Public Health and Environment, referral dated August 13, 2018
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
"t/ "t/ "t/ "t/ "t/ "t/ "t/
City of Greeley, referral dated August 2, 2018
Town of LaSalle, referral dated August 28, 2018
Town of Garden City, referral dated August 8, 2018
Colorado Parks and Wildlife, referral dated July 19, 2018
Weld County Zoning Compliance, referral dated July 18, 2018
West Greeley Conservation District, referral dated August 13, 2018
State of Colorado, Division of Water Resources, referral dated July 24, 2018
The Department of Planning Services' staff has not received responses from the following agencies:
y City of Evans
y Town of Kersey
y School District RE -6
y Lower Latham Ditch Company
▪ Weld County Sheriff Office
▪ LaSalle Fire Protection District
y Central Weld County Water District
USR18-0064
Page 1 of 10
SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
Planner: Diana Aungst Hearing Date: November 6, 2018
Case Number: USR18-0064
Applicant: Russell Baker & Georgia Gilmore
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 and Industrial Zone Districts (truck parking) provided that the property is
not a lot in an approved or recorded subdivision plat or lots parts of a map or plan
filed prior to adoption of any regulations controlling subdivisions in the A (Agricultural)
Zone District
Legal Lot A Recorded ExemptionRECX15-0028 being a part of the W2NE4 Section 28,
Description: T5N, R65W of the 6th P.M., Weld County, CO
Location: South of and adjacent to CR 54 and approximately 0.33 miles west of CR 43
Size of Parcel: +/- 10.00 acres Parcel No. 0961-28-1-00-010
Case Summary:
The applicant is requesting a Use by Special Review permit for parking of five (5) commercial trucks and
seven (7) trailers. The application materials state that six (6) full-time employees will access the site to pick
up the trucks. All external employees will be on -site for less than two (2) hours at a time. Hours of operation
will be 24 -hours a day / 7 -days a week. No buildings, lighting, signage or additional access points are
proposed. No painting, washing or on -site fuel storage is proposed, and waste materials will not be stored
on site. There is an existing 3,600 square -foot Quonset hut on site that will be used for maintenance of the
trucks. The parking area is south of the buildings along the western property line. The parking area is
screened from public right-of-way by the existing buildings and from the surrounding property owners by a
6 -foot light -grey corrugated steel fence.
DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE
APPROVED FOR THE FOLLOWING REASONS:
1. The submitted materials are in compliance with the application requirements of Section 23-2-260
of the Weld County Code.
2. It is the opinion of the Department of Planning Services' staff that the applicant has shown
compliance with Section 23-2-220 of the Weld County Code as follows:
A. Section 23-2-220.A.1. -- The proposed use is consistent with Chapter 22 and any other
applicable code provisions or ordinance in effect.
Section 22-2-20.G - 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."
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This parcel has historically been used as a residence with about seven (7) acres available for
agricultural activities. Productive agricultural activities are not readily supported on this parcel
due to the small lot size. Additionally, the site is one quarter mile east of the intersection of 1st
Avenue and 37th Street [Evans]. There are a couple of properties at this intersection zoned
Industrial (1-3) in unincorporated Weld County. The site has easy access to major
transportation routes such as U.S. Hwy 34, HWY 85, and Weld County Parkway.
The site is in the South Platte floodplain and the floodplain regulations prohibit outdoor storage
below the base flood elevation. The applicant is allowed to park trucks on the site. The
surrounding uses are rural residential with a similar commercial use (USR-628) for repair and
maintenance of farm equipment located northwest of the site. There are also the expected
mining operations along the South Platte River. The commercial use is compatible as long it
is appropriately screened from public right-of-way and adjacent residential uses.
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."
The existing residence is served by Central Weld County Water District and a residential septic
system permitted for 2 bedrooms (SP -1500201). Bottled water and a portable toilet will be
provided for employees, which is acceptable according to the Weld Department of Public
Health and Environment policy.
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. The
site meets exception F.1.a.8. for sites where the development of the site does not increase the
imperviousness of the site.
Section 22-2-20.1 - A.Goal 9. states, "Reduce potential conflicts between varying land uses in
the conversion of traditional agricultural lands to other land uses."
The trucks will be screened and parked on the southern portion of the site and will be screened
by the house, shop, and Quonset hut. The Latham Ditch is on the south property line and there
is vacant farm ground on the south and west of the site. The old Evans landfill is about one -
quarter mile to the west and northeast of the site and across the street is a USR for repair and
maintenance of farm equipment. The proposed use is in an area that can support this
commercial use 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.
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. 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 and Industrial Zone Districts (truck parking) provided that the property is not
a lot in an approved or recorded subdivision plat or lots parts of a map or plan filed prior to
adoption of any regulations controlling subdivisions in the A (Agricultural) Zone District.
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 attached Development Standards and Conditions of Approval will adequately mitigate the
impacts of the use. The Improvements Agreement, Conditions of Approval and Development
Standards should adequately address these concerns. Additionally, the fencing around the
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parking area visually buffers the operation from surrounding property owners and the
roadways.
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. The closest residence is
about 300 feet north of the site.
There are ten (10) Use by Special Review Permits issued within one mile of the site. USR16-
0013 for building of gates and fences is located on the site and will be replaced by this USR if
approved. SUP -237 for a gravel mining operation is located southwest of the site along the
South Platte River. SUP -46 for a landfill is located west of the site (although obsolete now).
SUP -306 for gravel mining, MUSR12-0012 for an RV park, storage and recreation and are all
located north of the site USR-628 for repair and maintenance of farm equipment is located
northwest of the site. USR-668 and USR-852 for an oil and gas production facilities are also
located northwest of the site. USR17-0019 for commercial tree service and firewood business
and USR13-0048 for outdoor storage and parking are located east of the site.
The Weld County Department of Planning Services sent notice nineteen (19) Surrounding
Property Owners within 500 feet of the site. Planning staff did not receive any correspondence
from the Surrounding Property Owners concerning this 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.
The site is located within the three (3) mile referral area of the Town of Kersey, the City of
Evans, Town of LaSalle, Town of Garden City, and the City of Greeley. The Town of Kersey
and the City of Evans did not respond with referral agency comments. The Town of LaSalle's
referral response, dated August 28, 2018, stated no concerns. The Town of Garden City referral
response, dated August 29, 2018, stated no concerns. The City of Greeley, referral response,
dated August 2, 2018, stated no concerns.
The site is also located within the Intergovernmental Agreement Area (IGA) of the Town of
Kersey and the City of Evans. The Town of Kersey responded to the Notice of Inquiry stating
that they do not wish to annex the site. The IGA with the City of Evans was only recently
established so no NOI was sent to the City on this USR.
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 located in a floodplain but not in the Geologic Hazard Overlay District, or in the A -P
(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 facility is located on soils designated as "High Potential Dry Cropland -Prime if
they become Irrigated" per the 1979 Soil Conservation Service Important Farmlands of Weld
County Map. The proposed USR will not take any Prime (Irrigated) Farmland out of production.
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G. Section 23-2-220.A.7 -- There is adequate provisions for the protection of the health, safety,
and welfare of the inhabitants of the neighborhood and County.
The Design Standards (Section 23-2-240, Weld County Code), Operation Standards (Section
23-2-250, Weld County Code), Conditions of Approval and Development Standards can ensure
that there are adequate provisions for the protection of health, safety, and welfare of the
inhabitants of the neighborhood and County.
This recommendation is based, in part, upon a review of the application materials submitted by the
applicant, other relevant information regarding the request, and responses from referral entities.
The Department of Planning Services' staff recommendation for approval is conditional upon the following:
1. Prior to recording the 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, and testing and approval of completed improvements.
The Agreement shall require the construction of the following capital improvements.
(Department of Public Works)
B. The applicant shall submit a letter requesting vacation of USR16-0013. (Department of
Planning Services)
C. The applicant shall submit a floodplain permit (FP) for the uses on the site. (Department of
Planning Services — Floodplain)
D. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR18-0064 (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 existing screening and proposed fence. (Department of Planning Services)
5) County Road 54 is a paved road and is designated on the Weld County Functional
Classification Map as an arterial road which requires 140 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)
6) 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)
7) Show and label the approved tracking control on the site plan. (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)
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10) Show and label the parking and traffic circulation flow arrows showing how the traffic moves
around the property. (Department of Public Works)
2. 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)
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
StatePlane Colorado North FIPS 0501 (US Feet)....etc.). This digital file may be sent to
maps@co.weld.co.us. (Department of Planning Services)
5. Prior to Construction:
A. The approved access and tracking control shall be constructed prior to on -site construction.
This site requires a tracking control device and 100 feet of recycled asphalt or road base OR
300 feet of asphalt for tracking control. (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)
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
Russell Baker and Georgia Gilmore
USR18-0064
1. A Site Specific Development Plan and Use by Special Review Permit, USR18-0064, for a Use
permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the commercial and
Industrial Zone Districts (truck parking) provided that the property is not a lot in an approved or
recorded subdivision plat or lots parts of a map or plan filed prior to adoption of any regulations
controlling subdivisions in the A (Agricultural) Zone District, 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 24 -hours a day / 7 -days a week, as stated by the applicant. (Department
of Planning Services)
4. The maximum number of employees shall be six (6), as stated by the applicant. (Department of
Planning Services)
5. The maximum number of trucks shall be five (5) with seven (7) trailers. (Department of Planning
Services)
6. The parking area on the 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 existing landscaping and proposed screening on the site shall be maintained. (Department of
Planning Services)
9. A Flood Hazard Development Permit is required for all construction or development occurring in
the floodplain or floodway as delineated on Federal Emergency Management Agency (FEMA)
FIRM Community Panel Map #08123C -1543E effective date January 20, 2016 (South Platte Rive
Floodplain). Any development shall comply with all applicable Weld County requirements,
Colorado Water Conservation Board requirements as described in Rules and Regulations for
Regulatory Floodplains in Colorado, and FEMA regulations and requirements as described in 44
CFR parts 59, 60, and 65. The FEMA definition of development is any man-made change to
improved or unimproved real estate, including but not limited to buildings or other structures,
mining, dredging, filling, grading, paving, excavation, drilling operations, or storage of equipment
and materials. (Department of Planning Services - Floodplain)
10. FEMA's floodplain boundaries may be updated at any time by FEMA. Prior to the start of any
development activities, the owner should contact Weld County to determine if the floodplain
boundaries have been modified. (Department of Planning Services - Floodplain)
11. The property owner shall control noxious weeds on the site. (Department of Public Works)
12. 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)
13. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Department of Public Works)
14. 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)
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15. The Property Owner shall comply with all requirements provided in the executed Improvements
Agreement. (Department of Public Works)
16. The Improvements Agreement for this site shall be reviewed on an annual basis, including possible
updates (Department of Public Works)
17. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Public
Works)
18. 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)
19. 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)
20. 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)
21. 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)
22. The facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone
as delineated in 25-12-103 C.R.S. (Department of Public Health and Environment)
23. Adequate drinking, hand washing and toilet facilities shall be provided for employees, at all times.
A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
(Department of Public Health and Environment)
24. 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)
25. 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)
26. 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)
27. 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)
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28. Building permits may be required, per Section 29-3-10 of the Weld County Code. Currently, the
following have been adopted by Weld County: 2012 International Codes, 2006 International Energy
Code, and 2017 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)
29. 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.
30. 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.
31. 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.
32. 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.
33. 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.S., provides
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Page 9 of 10
that an agricultural operation shall not be found to be a public or private nuisance if the agricultural
operation alleged to be a nuisance employs methods or practices that are commonly or reasonably
associated with agricultural production.
Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to
assume that ditches and reservoirs may simply be moved "out of the way" of residential
development. When moving to the County, property owners and residents must realize they cannot
take water from irrigation ditches, lakes, or other structures, unless they have an adjudicated right
to the water.
Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice
the size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of
state and County roads outside of municipalities. The sheer magnitude of the area to be served
stretches available resources. Law enforcement is based on responses to complaints more than
on patrols of the County, and the distances which must be traveled may delay all emergency
responses, including law enforcement, ambulance, and fire. Fire protection is usually provided by
volunteers who must leave their jobs and families to respond to emergencies. County gravel roads,
no matter how often they are bladed, will not provide the same kind of surface expected from a
paved road. Snow removal priorities mean that roads from subdivisions to arterials may not be
cleared for several days after a major snowstorm. Services in rural areas, in many cases, will not
be equivalent to municipal services. Rural dwellers must, by necessity, be more self-sufficient than
urban dwellers.
People are exposed to different hazards in the County than in an urban or suburban setting. Farm
equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and
center pivot operations, high speed traffic, 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.
USR18-0064
Page 10 of 10
September 28, 2018
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.weldgov.com
E-MAIL: daungst@co.weld.co.us
PHONE: (970) 400-3524
FAX: (970) 304-6498
LOCKMAN SHERI
36509 CR 41
EATON, CO 80615
Subject: USR18-0064 - 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 and
Industrial Zone Districts (truck parking) provided that the property is not a lot in an approved or recorded
subdivision plat or lots parts of a map or plan filed prior to adoption of any regulations controlling
subdivisions in the A (Agricultural) Zone District
On parcelfsl of land described as:
PART NE4 SECTION 28, T5N, R65W LOT REC EXEMPT RECX15-0028 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 December 5, 2018
at 10:00 a.m. Both hearings will be held in the Hearing Room, Weld County Administration Building,
1150 O Street, Greeley, Colorado. It is recommended that you and/or a representative be in
attendance to answer any questions the Planning Commission members or Board of County
Commissioners may have.
Colorado Revised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01-1088) requires notification of
all mineral estate owners 30 days prior to any public hearing. The applicant needs to provide the Weld
County Planning Department with written certification indicating the above requirement has been met.
A representative from the Department of Planning Services will be out to the property a minimum of ten
days prior to the hearing to post a sign adjacent to and visible from a publicly maintained road
right-of-way which identifies the hearing time, date, and location. In the event the property is not
adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent place
on the property and a second sign posted at the point at which the driveway (access drive) intersects a
publicly maintained road right-of-way.
The Department of Planning Services' staff will make a recommendation concerning this application to
the Weld County Planning Commission and will be included in the staff report one week prior to the
scheduled Planning Commission hearing. You may view the staff report at
www.weldcountyplanningcases.orq
If you have any questions concerning this matter, please call.
Respectfully,
OVL-S29,a1,
Diana Aungst
Planner
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.weldgov.com
E-MAIL: daungst@co.weld.co.us
PHONE: (970) 400-3524
FAX: (970) 304-6498
July 18, 2018
LOCKMAN SHERI
36509 CR 41
EATON, CO 80615
Subject: USR18-0064 - 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 and
Industrial Zone Districts (truck parking) provided that the property is not a lot in an approved or recorded
subdivision plat or lots parts of a map or plan filed prior to adoption of any regulations controlling
subdivisions in the A (Agricultural) Zone District
On parcel(s) of land described as:
PART NE4 SECTION 28, T5N, R65W LOT A REC EXEMPT RECX15-0028 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:
Evans at Phone Number 970-475-1170
Garden City at Phone Number 970-351-0041
LaSalle at Phone Number 970-284-6931
Greeley at Phone Number 970-350-9780
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,
Diana Aungst
Planner
FIELD CHECK
Inspection Date: 10/19/2018
Case Number: USR18-0064
Applicant: Russell Baker & Georgia Gilmore
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 and Industrial Zone Districts (truck parking) provided that the property is
not a lot in an approved or recorded subdivision plat or lots parts of a map or plan
filed prior to adoption of any regulations controlling subdivisions in the A (Agricultural)
Zone District
Legal
Description:
Lot A Recorded Exemption RECX15-0028 being a part of the W2NE4 Section 28,
T5N, R65W of the 61h P.M., Weld County, CO
Location: South of and adjacent to CR 54 and approximately 0.33 miles west of CR 43
Size of Parcel: +1- 10.00 acres
Parcel No. 0961-28-1-00-010
Zoning
Land Use
N
A (Agricultural)
N
Agriculture / Rural Residential
E
A (Agricultural)
E
Agriculture
S
A (Agricultural)
S
Agriculture
W
A (Agricultural)
W
Agriculture
COMMENTS:
The site contains a single-family residence, a Quonset hut, a garage and other out buildings.
There is an access to the site off of CR 54.
��fatn at (II,
Diana Aungst, Planner V
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