HomeMy WebLinkAbout20183504.tiffLAND USE APPLICATION
SUMMARY SHEET
Planner: Angela Snyder Hearing Date: October 16, 2018
Case Number: 1MJUSR17-14-0059
Applicant: Albino, Caroline & Cassandra Bustillos
Address: 7156 Maple Street Longmont, Colorado 80504
Request: A Site -Specific Development Plan and Major Amendment to Use by Special Review
Permit USR14-0059 for One (1) Single -Family Dwelling per lot other than those
permitted under Section 23-3-20.A in an A (Agricultural) Zoned Subdivision to add a
Home Business (a concrete and construction services company, including three (3)
commercial vehicles and five (5) employees), and more than one (1) cargo container
(three (3) cargo containers) per Section 23-3-40.BB
Legal Lot 28 Enchanted Hills Subdivision; being a part of the SW4SW4 Section 8, T2N R67W
Description: of the 6th P.M. Weld County, Colorado.
Location: South of and adjacent to Maple Street, North of and adjacent to County Road 22 and
approximately 0.15 miles east of County Road 15.
Size of Parcel:
+/- 4.68 acres Parcel # 1311-08-3-03-004
The criteria for review of this Special Review Permit is listed in Section 23-2-220 of the Weld County Code.
The Department of Planning Services' staff has received referral responses with comments from the
following agencies:
Central Weld County Water District, referral dated December 28, 2017
▪ Longmont Conservation District, referral dated December 19, 2017
▪ Weld County Department of Public Health and Environment, referral dated December 21, 2017
▪ Weld County Department of Public Works, referral dated December 27, 2017
▪ Weld County Department of Public Works - Engineer, referral dated January 2, 2018
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
Y Town of Frederick, referral dated December 5, 2017
Y Mountain View Fire Protection District, referral dated December 8, 2017
Y Weld County School District RE -1, referral dated December 5, 2017
Y Weld County Sheriff's Office, referral dated December 8, 2017
Y Weld County Zoning Compliance, referral dated December 5, 2017
The Department of Planning Services' staff has not received responses from the following agencies:
Y Town of Firestone
Y Weld County Department of Building Inspection
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Planner:
Case Number:
Applicant:
Address:
Request:
Legal
Description:
SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
Angela Snyder
1 MJUSR17-14-0059
Albino, Caroline & Cassandra Bustillos
7156 Maple Street Longmont, Colorado 80504
Hearing Date: October 16, 2018
A Site -Specific Development Plan and Major Amendment to Use by Special Review
Permit USR14-0059 for One (1) Single -Family Dwelling per lot other than those
permitted under Section 23-3-20.A to add a Home Business (a concrete and
construction services company, including three (3) commercial vehicles and five (5)
employees) in an A (Agricultural) Zoned Subdivision, and more than the number of
cargo containers allowed as a use by right per legal lot or parcel (three (3) cargo
containers) per Section 23-3-40.BB.
Lot 28 Enchanted Hills Subdivision: being a part of the SW4SW4 Section 8, T2N
R67W of the 6th P.M. Weld County, Colorado.
Location: South of and adjacent to Maple Street, North of and adjacent to County Rd 22
(Sable Ave) and approximately 0.15 miles east of County Rd 15 (Frontier St).
Size of Parcel:
Case Summary:
+/- 4.68 acres
Parcel # 1311-08-3-03-004
The applicants are requesting a Major Amendment to a Use by Special Review Permit (USR14-0059) to
add a Home Business, ABS Concrete, Incorporated. The original Use by Special Review permit was
approved and recorded 7/30/2015, Reception No. 4129195 for One (1) Single -Family Dwelling per lot other
than those permitted under Section 23-3-20.A in an A (Agricultural) zoned subdivision lot located in the
Enchanted Hills Subdivision.
The business, ABS Concrete, Incorporated, is a concrete construction services company owned and
operated by the property owners, the Bustillos Family, one of whom lives onsite. The family plans to park,
store and stage up to three commercial vehicles. They have requested to store materials in a screened
area outside and in three cargo containers. The second home is permitted under Section 23-3-40.M., the
Home Business can be permitted under Section 23-3-40.P, and the extra cargo containers can be permitted
under Section 23-3-40.BB of the Weld County Code. Outdoor storage is not an allowed use in an in an A
(Agricultural) zoned subdivision.
The business will have normally two, but no more than five external employees on site daily to pick up
commercial vehicles and take them to job sites, to be returned at the end of the day. Traffic will be limited
to five vehicles for the employees arriving in personal vehicles and three commercial trucks leaving and
returning to the site once per day, for a maximum total of eight (8) business -related vehicle round trips per
day or sixteen (16) vehicle trips per day. Normally employees will go directly to the job site. Hours of
operation are proposed to be between 8:00AM and 5:00PM, 7 days a week. No customers will come to the
site.
A Probable Cause - Show Cause (PCSC17-0008) was opened on this site on May 3, 2017, after a complaint
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was received regarding multiple commercial vehicles coming and going from the site daily. Planning staff
validated the complaint via field visit. The applicants have made several changes to the property in
response to the neighbor complaints that created this violation, including adding an opaque fence to screen
business equipment and trucks, greatly reducing the visual impact of the business. A reduction in vehicle
trips per day has also reduced impact to the neighborhood. Approval of this amendment will close the
violation.
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 22-2-10.F, "Land use policies should support a high -quality rural character which
respects the agricultural heritage and traditional agricultural land uses of the County, as
agricultural lands are converted to other uses (excluding urban development). Rural
character in the County includes those uses which provide rural lifestyles, rural -based
economies and opportunities to both live and work in rural areas. The natural landscape
and vegetation predominate over the built environment. Agricultural land uses and
development provide the visual landscapes traditionally found in rural areas and
communities."
The proposed facility is consistent with the land use policies defined in Section 22-2-10.F
of the Comprehensive Plan. The proposed use affects only the back half of the property
that abuts an arterial road, County Road 24 (Sable Avenue).
B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A
(Agricultural) Zone District.
The following uses proposed are allowed under the following Weld County Code sections:
Section 23-3-40.P, "Home Business"
A home business is a Use by Special Review in the A (Agricultural) Zone District, which is
defined below:
Section 23-1-90. HOME BUSINESS: An incidental USE to the principal permitted
USE for gainful employment of the FAMILY residing on the property, where:
a. Such USE is conducted primarily within a DWELLING UNIT or
ACCESSORY STRUCTURE and principally carried on by the FAMILY
resident therein.
b. Such USE is clearly incidental and secondary to the principal permitted
USE and shall not change the character thereof.
The property owners are the business owners. The employees are predominantly family
members. Business is conducted at job sites and not on the subject property. The business
storage is screened from any neighbors or rights -of -way. The commercial vehicles will be
parked at the back of the property, closer to the arterial County Road 22. The existing
screening, limits imposed in 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.
1MJUSR17-14-0059, Albino, Caroline & Cassandra Bustillos
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Section 23-3-40.BB, "More than the number of cargo containers allowed as a use by right
per legal lot or parcel."
One cargo container per lot is allowed as an accessory use in the A (Agricultural) Zone
District. Any more require a Use by Special Review Permit.
Outdoor storage is normally permitted under Section 23-3-40.S, however this code section
is not applicable in an agriculturally -zoned subdivision. The Board may choose to allow it
as part of the home business, if the storage is clearly incidental and secondary to the
principal use as a residential lot, as required by Section 23-3-40.P.
C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the
existing surrounding land uses.
The surrounding land is being used for rural residential, many with businesses or training
facilities onsite. There are fifteen rural residential properties on the 0.5 -mile Maple Street.
There are four (4) approved Use by Special Review permits located within the Enchanted
Hills subdivision: two (2) dog kennels, USR-509 and SUP -405; one (1) horse training facility
and daycare, USR-1331; and one (1) home business for welding and automotive repair,
USR-912. One-third of the residential properties on Maple Street have Use by Special
Review permits for businesses or Zoning Permits for home occupations.
Four (4) letters in opposition to the proposal were received from surrounding property
owners. Concerns included the following: breaking up the character of the neighborhood,
allowing industrial uses in a residential neighborhood, unsightly outdoor storage of
concrete and commercial waste, diminished property values, lack of concern for proper
permitting, truck traffic over a buried gas line, damage to the road, and concern that the
number of trucks and employees listed in the application is inaccurate. The road condition
concern was not substantiated by the most recent field inspection. This site visit also
confirmed five personal vehicles parked next to the equipment fence as described in the
application as the number of outside employees parking on the property during the day.
The applicant has attempted to address the visual impact concerns by placing all business -
related equipment within an opaque fenced area.
The proposed use is in an area that can support this development subject to the following
conditions: The cargo containers are screened from adjacent properties. The business -
related outdoor storage is removed, stored indoors, or is screened such that the use is
incidental to the principle use. The truck trips are strictly limited. No concrete mixing or
other activities similar to a concrete batch plant shall be conducted onsite. The recently
added screening, Development Standards and 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.
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 Towns of Frederick and
Firestone and within the Intergovernmental Area (IGA) of the Town of Firestone. The Town
of Frederick, in their referral comments dated 12/05/2017 indicated no concerns. The
Town of Firestone, in their referral comments dated September 14, 2017, indicated a desire
to annex the entire subdivision, but not a singular lot. The Town also indicated that no
access would be granted along County Road 22 (Sable Avenue) as it is a planned arterial.
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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, geohazard area or 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 approximately 4.68 acres designated as "Other Land"
per the 1979 Soil Conservation Service Important Farmlands of Weld County Map.
G. Section 23-2-220.A.7 - There is adequate provisions for the protection of the health, safety,
and welfare of the inhabitants of the neighborhood and County.
The Design Standards (Section 23-2-240, Weld County Code), Operation Standards
(Section 23-2-250, Weld County Code), Conditions of Approval and Development
Standards can ensure that there are adequate provisions for the protection of health,
safety, and welfare of the inhabitants of the neighborhood and County.
This recommendation is based, in part, upon a review of the application materials submitted by the
applicant, other relevant information regarding the request, and responses from referral entities.
The Department of Planning Services' staff recommendation for approval is conditional upon the following:
1. Prior to recording the map:
A. The applicant shall attempt to address the requirements of the Central Weld County Water
District as stated in the referral response dated December 28, 2017. Written evidence of
such shall be submitted to the Weld County Department of Planning Services. (Department
of Planning Services)
B. An Improvements Agreement and Road Maintenance Agreement is required for off -site
improvements at this location. Road maintenance including, but not limited to dust control,
tracking control, damage repair, specified haul routes and future traffic triggers for
improvements will be included. (Department of Public Works)
C. The map shall be amended to delineate the following:
1. All sheets of the map shall be labeled 1MJUSR17-14-0059 (Department of Planning
Services)
2. The attached Development Standards. (Department of Planning Services)
3. The map shall be prepared in accordance with Section 23-2-260.D of the Weld County
Code. (Department of Planning Services)
4. The applicant shall delineate on the map the trash collection areas. Section
23-3-350.H of the Weld County Code addresses the issue of trash collection areas.
(Department of Planning Services)
5. The map shall delineate the landscaping and screening in accordance with the
Dacono, Firestone, and Frederick Design Standards, as outlined in Chapter 19, Article
1MJUSR17-14-0059, Albino, Caroline & Cassandra Bustillos
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III of the Weld County Code. Outdoor storage shall be screened from nearby
residences and rights -of -way. (Department of Planning Services)
6. The map shall delineate the lighting in accordance with the Dacono, Firestone, and
Frederick Design Standards, as outlined in Chapter 19, Article III of the Weld County
Code. (Department of Planning Services)
7. All signs shall be shown on the map and shall adhere to Chapter 23, Article IV, Division
2 and Appendices 23-C, 23-D and 23-E, Chapter 23 Article VI, and be in accordance
with the Dacono, Firestone, and Frederick Design Standards, as outlined in Chapter
19, Article III of the Weld County Code. (Department of Planning Services)
8. The map shall delineate the parking areas for three (3) commercial vehicles and five
(5) employees. (Department of Planning Services)
9. Maple Street is a gravel road and is designated on the Weld County Functional
Classification Map as a local road which requires 60 feet of right-of-way at full buildout.
The applicant shall delineate on the site plan the existing right-of-way. All setbacks
shall be measured from the edge of right-of-way. This road is maintained by Weld
County. (Department of Public Works)
10. County Road 22 (Sable Avenue) is a paved road and is designated on the Weld County
Functional Classification Map as a local road which requires 60 feet of right-of-way.
The applicant shall delineate on the site plan the existing right-of-way. All setbacks
shall be measured from the edge of right-of-way. This road is maintained by Weld
County. (Department of Public Works)
11. County Road 22 (Sable Avenue) is designated as a future arterial in the Firestone
Master Comprehensive Plan. Contact the Town of Firestone for future right-of-way
widths and delineate on the site plan. (Department of Planning Services)
12. The applicant shall show the drainage flow arrows. (Department of Public Works)
13. Show and label the parking and traffic circulation flow arrows showing how the traffic
moves around the property. (Department of Public Works)
14. Show and label the approved access locations, and the appropriate turning radii (60')
on the site plan map. The applicant must obtain an access permit in the approved
location(s) prior to construction. (Department of Public Works)
15. 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)
16. Show and label all recorded easements and rights -of -way on the map by book and
page number or reception number and date. (Department of Planning Services)
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)
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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)
5. 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)
8. The Use by Special Review activity shall not occur, nor shall any building or electrical permits be
issued on the property, until the Use by Special Review plat is ready to be recorded in the office of
the Weld County Clerk and Recorder or the applicant has been approved for an early release
agreement. (Department of Planning Services)
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Albino, Caroline & Cassandra Bustillos
1 MJUSRI7-14-0059
1. A Site -Specific Development Plan and Major Amendment to Use by Special Review Permit USR14-
0059 for One (1) Single -Family Dwelling per lot other than those permitted under Section 23-3-20.A to
add a Home Business (a concrete and construction services company, including three (3) commercial
vehicles and five (5) employees) in an A (Agricultural) Zoned Subdivision, and more than the number
of cargo containers allowed as a use by right per legal lot or parcel (three (3) cargo containers) per
Section 23-3-40.BB.
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County
Code. (Department of Planning Services)
3. The hours of operation are 8:00 a.m. - 5:00 p.m. Monday - Sunday. (Department of Planning Services)
4. The number of employees shall be five (5). (Department of Planning Services)
5. Commercial vehicles shall be limited to three (3). (Department of Planning Services)
6. Commercial vehicle roundtrips shall be limited to three (3) roundtrips per day. (Department of Planning
Services)
7. The parking area on the site shall be maintained. (Department of Planning Services)
8. All signs shall adhere to Chapter 23, Article IV, Division 2 and Appendices 23-C, 23-D and 23-E and
be in accordance with the Dacono, Firestone, and Frederick Design Standards, as outlined in Chapter
19, Article III of the Weld County Code. (Department of Planning Services)
9. The landscaping and screening shall be maintained. (Department of Planning Services)
10. 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. and shall incorporate
Dark Sky Standards 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)
11. 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 & Environment)
12. 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 & Environment)
13. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, fugitive
particulate emissions, blowing debris, and other potential nuisance conditions. The applicant shall
operate in accordance with Chapter 14, Article 1 of the Weld County Code. (Department of Public
Health & Environment)
14. 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 &
Environment)
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15. The facility shall adhere to the maximum permissible noise levels allowed in the Residential Zone as
delineated in 25-12-103 C.R.S. (Department of Public Health & Environment)
16. Adequate drinking, handwashing, and toilet facilities shall be provided for employees, at all times. For
employees or contractors on site for less than 2 consecutive hours a day, and 2 or less full-time
employees on site, portable toilets and bottled water are acceptable. Records of maintenance and
proper disposal for portable toilets shall be retained on a quarterly basis and available for review by the
Weld County Department of Public Health and Environment. Portable toilets shall be serviced by a
cleaner licensed in Weld County and shall contain hand sanitizers. (Department of Public Health &
Environment)
17. 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 & Environment)
18. 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 & Environment)
19. A permanent, adequate water supply shall be provided for drinking and sanitary purposes. (Department
of Public Health & Environment)
20. Any vehicle or equipment washing shall adhere to "Low Risk Discharge Guidance: Discharges from
Surface Cosmetic Power Washing Operations to Land July 2010" as specified by the State.
(Department of Public Health & Environment)
21. The operation shall comply with all applicable rules and regulations of State and Federal agencies and
the Weld County Code. (Department of Public Health & Environment)
22. 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)
23. The property owner shall control noxious weeds on the site. (Department of Public Works)
24. The access to the site shall be maintained to mitigate any impacts to the public road including damages
and/or offsite tracking. (Department of Public Works)
25. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Department of Public Works)
26. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Public
Works)
27. Weld County is not responsible for the maintenance of onsite drainage related features. (Department
of Public Works)
28. 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)
29. 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 2016 National Electrical Code. A Building Permit Application must be completed and two (2)
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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)
30. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code.
31. 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.
32. 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.
33. 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.
34. 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.
35. 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
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and urban areas of the County. Section 35-3.5-102, C.R.S., provides that an agricultural operation
shall riot be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance
employs methods or practices that are commonly or reasonably associated with agricultural production.
Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to
assume that ditches and reservoirs may simply be moved "out of the way" of residential development.
When moving to the County, property owners and residents must realize they cannot take water from
irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water.
Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice the
size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of state and
county roads outside of municipalities. The sheer magnitude of the area to be served stretches
available resources. Law enforcement is based on responses to complaints more than on patrols of
the County, and the distances which must be traveled may delay all emergency responses, including
law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must leave
their jobs and families to respond to emergencies. County gravel roads, no matter how often they are
bladed, will not provide the same kind of surface expected from a paved road. Snow removal priorities
mean that roads from subdivisions to arterials may not be cleared for several days after a major
snowstorm. Services in rural areas, in many cases, will not be equivalent to municipal services. Rural
dwellers must, by necessity, be more self-sufficient than urban dwellers.
People are exposed to different hazards in the County than in an urban or suburban setting. Farm
equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center
pivot operations, high speed traffic, sandburs, puncture vines, territorial farm dogs and livestock, and
open burning present real threats. Controlling children's activities is important, not only for their safety,
but also for the protection of the farmer's livelihood.
1MJUSR17-14-0059, Albino, Caroline & Cassandra Bustillos
Page 11 of 11
September 24, 2018
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.weldgov.com
E-MAIL: asnyder@weldgov.com
PHONE: (970) 400-3525
FAX: (970) 304-6498
HEPP JASON
BLACKFOX CMCC, LLC
Subject: 1MJUSR17-14-0059 - A Site -Specific Development Plan and Major Amendment to Use by
Special Review Permit USR14-0059 for One (1) Single -Family Dwelling per lot other than those
permitted under Section 23-3-20.A to add a Home Business (a concrete and construction services
company, including three (3) commercial vehicles, three (3) cargo containers and five (5) employees) in
an A (Agricultural) Zoned Subdivision.
On parcel(s) of land described as:
LOT 28 ENCHANTED HILLS; PART OF SECTION 8, T2N, R67W of the 6th P.M., Weld County,
Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on October 16, 2018, at 12:30
p.m. A subsequent hearing with the Board of County Commissioners will be held on November 7, 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,
r
Angela Snyder
Planner
December 05, 2017
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.co.weld.co.us
E-MAIL: rreddick@weldgov.com
PHONE: (970) 353-6100, Ext. 3527
FAX: (970) 304-6498
HEPP JASON
BLACKFOX CMCC, LLC
Subject: 1MJUSR17-14-0059 - A Site Specific Development Plan and Use by Special Review Permit for
One (1) Single -Family Dwelling per lot other than those permitted under Section 23-3-20.A and a Home
Business (Concrete Construction Services Company) with up to three (3) external employees and
storage of up to three (3) commercial vehicles on site in the A (Agricultural) Zone District.
On parcel(s) of land described as:
LOT 28 ENCHANTED HILLS; PART OF SECTION 8, T2N, R67W OF THE 6TH P.M., WELD COUNTY,
COLORADO.
Dear Applicants:
Your application and related materials for the request described above are complete and in order at this
time. I will schedule a meeting with you at the end of the review period to discuss the referral
comments received by our office.
It is the policy of Weld County to refer an application of this nature to any town or municipality lying
within three miles of the property in question or if the property under consideration is located within the
comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of
the submitted materials to the following Planning Departments for their review and comments:
Firestone at Phone Number 303-833-3291
Frederick at Phone Number 720-382-5500
It is recommended that you contact the listed Planning Departments for information regarding their
process and to answer any questions that might arise with respect to your application.
If you have any questions concerning this matter, please call.
Respectfully,
Ryder Reddick
Planner
FIELD CHECK
Inspection Date: 10/4/2018
Case Number: 1MJUSR17-14-0059
Applicant: Albino, Caroline & Cassandra Bustillos
Request: A Site -Specific Development Plan and Major Amendment to Use by
Special Review Permit USR14-0059 for One (1) Single -Family Dwelling
per lot other than those permitted under Section 23-3-20.A in an A
(Agricultural) Zoned Subdivision to add a Home Business (a concrete and
construction services company, including three (3) commercial vehicles
and five (5) employees), and more than one (1) cargo container (three (3)
cargo containers) per Section 23-3-40.BB
Legal
Description:
Lot 28 Enchanted Hills Subdivision; being a pad of the SW4SW4 Section
8, T2N R67W of the 6th P.M. Weld County, Colorado.
Location: South of and adjacent to Maple Street, North of and adjacent to County
Road 22 and approximately 0.15 miles east of County Road 15.
Total Size
of Parcels:
+/- 4.68 acres
Parcel Number: 1311-08-3-03-004
Zoning
Land Use
N
A (Agricultural), Town of Firestone
N
Rural Residential / Ag
E
A (Agricultural)
E
Rural Residential / Oil & Gas / Ag
S
A (Agricultural), Town of Firestone
S
Rural & Urban Residential
W
A (Agricultural), Town of Firestone
W
Rural & Urban Residential
COMMENTS:
The site is located on Maple Street, an internal subdivision road, and contains two existing single
family residences. The driveway is on the western property boundary. A second access was being
used up until the violation, but has since been blocked. There are several outbuildings and
structures on the property. The commercial equipment is being stored and parked behind the
homes.
iff
Angela -Snyder, Planner
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