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LAND USE APPLICATION
SUMMARY SHEET
Ryder Reddick
USR17-0066
Jose R. & Mariana E. Ramirez and Genaro Nunez
1777 E. 16th Street Greeley, Colorado 80631
Hearing Date: April 3, 2018
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
two (2) home businesses (tax preparation business and a carpeting/flooring
installation business) in the A (Agricultural) Zone District.
Being a part of the SE4 NW4 Section10 T5N R65W of the 6th P.M. Weld County,
Colorado.
Northeast of and adjacent to the intersection of E. 16th Street and Delwood Avenue
and approximately 6/10 of a mile west of Fern Avenue
Size of Parcel: +/- 1.43 acres
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 v v v y elf
Weld County Zoning Compliance, referral dated November 20, 2017
Weld County Department of Public Health and Environment, referral dated December 12, 2017
Weld County Department of Public Works, referral dated December 14, 2017
City of Greeley, referral dated December 18, 2017
West Greeley Conservation District, referral dated December 18, 2017
Weld County Department of Planning Services - Floodplain, referral dated December 20, 2017
Weld County Department of Public Works - Engineer, referral dated December 20, 2017
Weld County Department of Building Inspection, referral dated January 23, 2018
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
Greeley Fire Department, referral dated November 27, 2017
Weld County Sheriff's Office, referral dated December 5, 2017
Town of Garden City, referral dated January 2, 2018
The Department of Planning Services' staff has not received responses from the following agencies:
City of Evans
Town of Kersey
Weld County School District RE -6
North Weld County Water District
USR17-0066, Jose & Mariana Ramirez & Genaro Nunez
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SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
Ryder Reddick
USR17-0066
Jose R. & Mariana E. Ramirez and Genaro Nunez
1777 E. 16th Street Greeley, Colorado 80631
Hearing Date:
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
two (2) home businesses (tax preparation business and a carpeting/flooring
installation business with one commercial vehicle) in the A (Agricultural) Zone District.
Being a part of the SE4 NW4 Sectionl0 T5N R65W of the 6th P.M. Weld County,
Colorado
Northeast of and adjacent to the intersection of E. 16th Street and Delwood Avenue
and approximately 6/10 of a mile west of Fern Avenue
Size of Parcel: +1- 1.43 acres
Case Summary:
Parcel #0061-10-2-00-012
The applicants are requesting a Site -Specific Plan and Use by Special Review Permit to allow for a second
single-family dwelling and two (2) home businesses on site. The first home business is a tax preparation
business and the second business proposed is a carpeting/flooring business. The tax preparation business
was originally approved and permitted through a Home Business Class II Zoning Permit (ZPHB15-0004)
for the current property owner and up to 2 external employees on site. Currently however, the tax business
is using 100% of the detached building on site which is over the less than 50% of building space requirement
allowed through the approved ZPHB15-0004 conditions and limitations. Therefore, because the business
exceeds the maximum size requirements of the approved Home Business Class II Zoning Permit, approval
of this Use by Special Review Application is needed for the applicant to continue to conduct the business
on site. The second home business proposed on site per this application is for a carpeting/flooring
installation business. This business will be conducted solely by one of the property owners living on site.
The application is proposing one commercial vehicle (pickup truck) to be parked and stored on site for the
business. No outdoor storage of materials is proposed for either business.
The Second Residence is also currently built on site and was issued building permits as an addition to the
primary residence on site. The applicants applied for a building permit for a residential addition to the
existing residence on June 4th, 2015 (BCR15-00611). The scope of work in the application, and the work
completed as of today do not match, therefore, the Department of Building Inspection has not finaled the
current building permit or issued the Certificate of Occupancy for the second home. The Department of
Building Inspection will not until issue final permits or the Certificate of Occupancy for the second dwelling
until the applicant first amends their scope of work on the building permit, comes into compliance with all
Department of Planning Services regulations and pays any additional building permit fees that may apply
if the second home is approved through this proposed USR.
This site also has an active Zoning Violation (ZCV17-00333). This violation was initiated due to the
presence of a commercial business and more than one (1) dwelling unit without first completing the
USR17-0066, Jose & Mariana Ramirez & Genaro Nunez
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necessary Weld County Zoning Permits. This case has not been forwarded to the County Attorney's Office;
therefore, an investigation fee is not required. Approval of this application by the Board of County
Commissioners would correct the outstanding violations. If this application is denied, the Department of
Planning Services asks that the Board forward this case to the County Attorney's Office for legal action, but
to delay legal action for 30 (thirty) days to allow the applicant time to either remove the business or bring
the property back into compliance with ZPHB15-0004 and to either remove or appropriately permit the
second dwelling unit.
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.
The proposed use is in an area that can support this proposal, 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.F.2. - A. Policy 6.2. states, "Support opportunities, such as but not limited
to hobby farming and home businesses, to supplement family income and reduce living
expenses for farm families and others who prefer a rural lifestyle."
The two proposed home businesses will allow the property owner to supplement family
income and reduce living expenses by allowing the property owners to live and work from
their homesite. Both proposed home businesses will be run primarily by the property
owners and their children that live on site, with up to two (2) external full-time employees
on a seasonal basis proposed for the tax business and no external employees proposed
for the carpet/flooring instillation business. There is one proposed commercial vehicle that
will be primarily used for the carpet/flooring installation business and stored on site for the
sole use by the property owner for this proposed business. There will also be up to 10
customers visiting the site per day for the tax preparation business during peak tax season.
The proposed second single family dwelling on site would also provide the applicant the
opportunity to supplement family income if the second home onsite is used as a rental
home.
Section 22-2-20.F.3. - A. Policy 6.3. states, "Encourage multi -generational, caretaker,
guest and accessory quarters."
The approval of this second dwelling as the secondary residence on site would also allow
the applicant to use the second dwelling to house unrelated persons as well as family.
Section 22-2-20.H. - A.Goal 8. states, "Ensure that adequate services and facilities are
currently available or reasonably obtainable to accommodate the requested new land use
change for more intensive development."
There is currently water service provided to the site though a 3/4" water tap provided by
North Weld County Water District through meter #1706002. Per a letter from the water
district provided to the planning department in the USR application dated November 16,
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2017, the current tap on site can be used for both homes and the business and the water
district stated no concerns with the proposed use.
According to the Weld County Environmental Health Department referral, the parcel
currently has one (1) permitted septic system that is permitted to service both homes on
site, Septic Permit (SP -1500111). The existing detached building used for the tax business
and proposed to be used for indoor storage for the flooring business does not have water
or sewer. As indicated in the application, there will be only one employee (property owner)
for the flooring business which will utilize the site for storage before heading to job sites.
The tax service portion will have ten (10) or fewer customers per day at the busiest times
of the year and will also have two (2) full time employees on a seasonal basis (January to
April). otherwise only one employee (property owner) will utilize the site for the tax
business. Portable toilets and bottled water can be used for employees who are on site for
two (2) consecutive hours or less, or if there are two (2) or less full-time employees on site
and/or ten (10) or fewer customers or visitors per day. The application did not indicate if
portable toilets or bottled water would be used. If the existing septic system will be utilized
for the business, an engineer review is required. If the system is found to be inadequate a
repair permit must be submitted and the system shall be brought up to current
requirements.
E. Section 23-2-22O.A.2 The proposed use is consistent with the intent of the A
(Agricultural) Zone District.
Section 23-3-40.M of the Weld County Code allows through the approval of a Use by
Special Review Permit (USR) in the (A) Agricultural Zone District for one (1) single-family
dwelling unit per lot other than those permitted under section 23-3-20.A. (second single-
family dwelling unit). Also Section 23-3-40.P of the Weld County Code allows through the
approval of a USR in the (A) Agricultural Zone District for Home Businesses. The proposed
uses therefore are consistent with the intent of the (A) Agricultural Zone District.
C. Section 23-2-22O.A.3 The uses which will be permitted will be compatible with the
existing surrounding land uses.
The lots that surround the proposed parcel that are located on the north side of E. 16th
Street are all A (Agricultural) zoned lots that are not located in a subdivision. The adjacent
Agricultural zoned lots directly to the west and east of the property are 2.8 acres and 1.1
acres in size with single family homes sites as the primary use on the lots. A Zoning Permit
for a Second Dwelling for family members only (ZPSD13-0008) has also been approved
on the 2.8 -acre lot adjacent and to the west. The Agricultural zoned lot located directly
north of and adjacent to the proposed parcel is approximately 90 acres in size and has a
Special Use Permit approved for a gravel mining operation (AMSUP-345). The parcels
adjacent to the proposed parcel, located south of E. 16th Street, are all zoned R-1
(Residential) and range between 0.4 to 2.5 acres in size and are primarily used as single-
family home sites located in the Historic Townsite of Braddy. The uses proposed are
consistent with the allowed uses in the Agricultural zone district. There are four (4) Use by
Special Review (USR) permits approved within one mile of the proposed parcel. Three (3)
of the four (4) approved USR permits are gravel mining operations on larger Agricultural
zoned lots directly north of the proposed parcel, adjacent to the Cache La Poudre River.
One (1) USR is approved approximately 1/10 of a mile west of the proposed parcel for a
Recreational Vehicle Storage Site USR-926.
The uses proposed are consistent with the current surrounding land uses in the area. The
proposed second dwelling is consistent with the neighboring lots that are primarily used as
residential home sites. There has been an approved second dwelling on the adjacent
parcel to the west and there are also approved commercial uses on neighboring parcels
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that are consistent with the type of use and intensity proposed by the home businesses in
this USR application.
The Weld County Department of Planning Services has received no responses from the
surrounding property owners in opposition to this proposed application.
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 Town of Kersey's Coordinated Planning Agreement (CPA)
Area and is located within the three (3) mile referral area of the City of Evans, the Town of
Garden City and the City of Greeley. The Town of Kersey, in their notice of inquiry letter
dated November 1, 2017, stated they had no conflict with the USR proposal. The Town of
Garden City responded on January 1, 2018 with a letter stating no conflict with the proposal
and the City of Evans did not respond to the referral request.
The City of Greeley did respond to the referral request and in their referral comments,
dated November 29, 2017 indicated that they have concerns with the proposed use and
development and provided a list of advisory comments from both their Planning
Department and their Development Review Engineer. In their comments the City of
Greeley stated that the subject site is within their long range (20 year) expected growth
area. They also explained that the proposed home businesses do not conform with the
intensity and use permitted through the city's current zoning code standards and would like
the County to help mitigate any chance for future non -conforming uses on sites that could
be annexed into the city within the next 20 years. The City of Greeley also requested that
if approved for the uses proposed in this USR application, the board consider adding
development standards to help screen the higher intensity uses on the property from
neighboring properties by requiring the installation of a buffer yard along the eastern
property boundary adjacent to E 16#" street. They also asked that adequate paved parking
located outside the required setbacks on the property be provided on the site for both the
property residents and any customers of the home occupation. Lastly, the City of Greeley
also stated that their 2035 Comprehensive Transportation Plan indicates that E. 16th Street
will be a two (2) lane collector roadway requiring a 60' total public right of way (30' half right
of way). They also request that at minimum, the site map calls out the future west half of
the right of way for E 16th Street and that all proposed structures (buildings and paved
areas) are set back a minimum of 25 feet from the future right of way line.
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 in the (Cache La Poudre Floodplain) as delineated on Federal Emergency
Management Agency (FEMA) FIRM Community Panel Map #08123O -1542E effective date
January 20, 2016. The existing 2 car garage on site is permitted by FHDP-160. The two
houses that are currently on the site are not in the current effective floodplain. Any
improvements and new construction in the floodplain require a Flood Hazard Development
Permit.
The site is in the Greeley -Weld County Airport Overlay District, the Greeley -Weld County
Airport did not respond to the referral request for this USR application.
The site is not located within a Geologic Hazard Overlay District.
USR17-0066, Jose & Mariana Ramirez & Genaro Nunez
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Building Permits issued on the lot will be required to adhere to the fee structure of the
County -Wide Road Impact Fee Program. Building Permits issued on the proposed lot will
be required to adhere to the fee structure of the County Facility Fee and Drainage Impact
Fee Programs.
F Section 23-2-220.A.6 -- The applicant has demonstrated a diligent effort to conserve prime
agricultural land in the locational decision for the proposed use.
The proposed home site is located on approximately 1.43 acres in the A (Agricultural) zone
district. The soil designation for the site is "other" per the 1979 Soil Conservation Service
Important Farmlands of Weld County Map. Due to the classification given, the proposed
USR will not take "Prime (Irrigated)" Farmland out of production.
+G Section 23-2-220.A.7 - There is adequate provisions for the protection of the health, safety,
and welfare of the inhabitants of the neighborhood and County.
The Design Standards (Section 23-2-240, Weld County Code), Operation Standards
(Section 23-2-250, Weld County Code), Conditions of Approval and Development
Standards can ensure that there are adequate provisions for the protection of health,
safety, and welfare of the inhabitants of the neighborhood and County.
This recommendation is based, in part, upon a review of the application materials submitted by the
applicant, other relevant information regarding the request, and responses from referral entities.
The Department of Planning Services' staff recommendation for approval is conditional upon the following:
1. Prior to recording the plat:
A. The applicant shall address the requirements (concerns) of the Weld County Department of
Building Inspection, as stated in the referral response dated January 23, 2018. Evidence of
such shall be submitted, in writing, to the Weld County Department of Planning Services.
(Department of Building Inspection)
B. In the event the applicant intends to utilize the existing septic system at the home, 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.
Alternately, a new septic system may be installed for business use. Evidence of such shall
be submitted, in writing, to the Weld County Department of Planning Services. (Department
of Public Health and Environment)
C The applicant shall attempt to address the City of Greeley, as stated in their referral response
dated November 29, 2017. Written evidence of such shall be submitted to the Weld County
Department of Planning Services. (Department of Planning Services)
D An Improvements Agreement and road maintenance agreement is required for this site. Road
maintenance including dust control, damage repair, and triggers for improvements will be
included. (Department of Planning Services - Engineer)
E The map shall be amended to delineate the following:
1. All sheets of the map shall be labeled USR17-0066 (Department of Planning Services)
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2. The attached Development Standards. (Department of Planning Services)
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)
Show and label on the map all existing and proposed structures on the site. (Department
of Planning Services)
6 The map shall delineate all existing and proposed outdoor lighting. The lighting will
need to adhere to Section 23-2-250.D of the Weld County Code. (Department of
Planning Services)
7 All signs shall be shown on the map and shall adhere to Chapter 23, Article IV, Division
2 and Appendices 23-C, 23-D and 23-E of the Weld County Code. (Department of
Planning Services)
8. The map shall delineate an adequate parking area on site for the proposed commercial
vehicle, employee vehicles and customer vehicles. (Department of Planning Services)
9. Show and label all recorded easements and rights -of way on the map and label with
the recoded book and page number or reception number and date. (Department of
Planning Services)
10. East 16th Street is a paved road and is designated on the Weld County Functional
Classification Map as a local road which requires 60 feet of right-of-way at full buildout.
The applicant shall delineate on the map 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. Show and label the approved access locations, and the appropriate turning radii (60')
on the map. The applicant must obtain an access permit in the approved location(s)
prior to construction. (Department of Public Works)
12. Show and label the entrance gate if applicable. An access approach that is gated shall
be designed so that the longest vehicle (including trailers) using the access can
completely clear the traveled way when the gate is closed. In no event, shall the
distance from the gate to the edge of the traveled surface be less than 35 feet.
(Department of Public Works)
13. The applicant shall show the drainage flow arrows. (Department of Public Works)
14. Show and label the parking on the property. (Department of Public Works)
15. Show and label the floodplain and floodway (if applicable) boundaries on the map.
Label the floodplain boundaries with the FEMA Flood Zone and FEMA Map Panel
Number. (Department of Planning Services - Floodplain)
2. Upon completion of Condition of Approval #1 above, the applicant shall submit one (1) paper copy
or one (1) electronic copy (.pdf) of the map for preliminary approval to the Weld County Department
of Planning Services. Upon approval of the map the applicant shall submit a Mylar map along with
all other documentation required as Conditions of Approval. The Mylar map shall be recorded in
the office of the Weld County Clerk and Recorder by the Department of Planning Services. The
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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 be 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 HARM
State Plane Colorado North FIPS 0501 (US Feet)....etc.). This digital file may be sent to
maps@co.weld.co.us. (Department of Planning Services)
5. 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
Jose & Mariana Ramirez & Genaro Nunez
USR17-0066
1 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 two (2) Home Businesses
(Tax preparation business and a carpeting/flooring installation business) in the A (Agricultural) Zone
District. (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 for business Carpeting/Flooring Instillation Business are 8:00 a.m. - 9:00 p.m.
Monday - Sunday. (Department of Planning Services)
4. The hours of operation for the Tax Service Business are 11:00 a.m. -7:00 p.m. Monday - Friday and
11:00 a.m. - 5:00 p.m. on Saturdays and closed on Sundays. (Department of Planning Services)
5. The number of off -site employees for the tax service business shall be limited to three (3). (Department
of Planning Services)
6. The tax perpetration business shall be limited to no more than ten (10) customers coming to the site on
any day of the year that the tax business is approved to be open.
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 of the
Weld County Code. (Department of Planning Services)
9. 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)
10. The property owner or operator shall provide written evidence of an approved Emergency Action and
Safety Plan on or before March 15th of any given year signed by representatives for the Fire District
and the Weld County Office of Emergency Management to the Department of Planning Services.
(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 and 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 and 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 facility shall operate
in accordance with Chapter 14, Article 1 of the Weld County Code. (Department of Public Health and
Environment)
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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 and
Environment)
15. This facility shall adhere to the maximum permissible noise levels allowed in the Residential Zone as
delineated in Section 14-9-30 of the Weld County Code. (Department of Public Health and
Environment)
16. A permanent, adequate water supply shall be provided for drinking and sanitary purposes. (Department
of Public Health and Environment)
17. 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)
18. The operation shall comply with all applicable rules and regulations of State and Federal agencies
and the Weld County Code. (Department of Public Health and Environment)
19. The 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)
20. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Department of Public Works)
21. 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)
22. The property owner shall control noxious weeds on the site. (Department of Public Works)
23. The historical flow patterns and runoff amounts on the site will be maintained. (Department of
Planning Services - Engineer)
24. Weld County is not responsible for the maintenance of onsite drainage related features. (Department
of Planning Services - Engineer)
25. 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 -1542E dated January 20, 2016 (Cache la Poudre 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
by 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)
26. 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)
27. Building permits are required, per Section 29-3-10 of the Weld County Code. Currently, the following
have been adopted by Weld County: 2012 International Codes, 2006 International Energy Code, and
2014 National Electrical Code. A Building Permit Application must be completed and two (2) complete
sets of engineered plans bearing the wet stamp of a Colorado registered architect or engineer must be
submitted for review. A Geotechnical Engineering Report performed by a Colorado registered engineer
shall be required or an Open Hole Inspection. (Department of Building Inspection)
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28. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code.
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: Weld County is one of the most productive agricultural counties
in the United States, typically ranking in the top ten counties in the country in total market value of
agricultural products sold. The rural areas of Weld County may be open and spacious, but they are
intensively used for agriculture. Persons moving into a rural area must recognize and accept there are
drawbacks, including conflicts with long-standing agricultural practices and a lower level of services
than in town. Along with the drawbacks come the incentives which attract urban dwellers to relocate
to rural areas: open views, spaciousness, wildlife, lack of city noise and congestion, and the rural
atmosphere and way of life. Without neighboring farms, those features which attract urban dwellers to
rural Weld County would quickly be gone forever.
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area. Well -run agricultural activities
will generate off -site impacts, including noise from tractors and equipment; slow -moving farm vehicles
on rural roads; dust from animal pens, field work, harvest and gravel roads; odor from animal
confinement, silage and manure; smoke from ditch burning; flies and mosquitoes; hunting and trapping
activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and fertilizers in
the fields, including the use of aerial spraying. It is common practice for agricultural producers to utilize
an accumulation of agricultural machinery and supplies to assist in their agricultural operations. A
concentration of miscellaneous agricultural materials often produces a visual disparity between rural
and urban areas of the County. Section 35-3.5-102, C.R.S., provides that an agricultural operation
shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance
employs methods or practices that are commonly or reasonably associated with agricultural production.
USR17-0066, Jose & Mariana Ramirez & Genaro Nunez
Page 11 of 12
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.
USR17-0066, Jose & Mariana Ramirez & Genaro Nunez
Page 12 of 12
February 21, 2018
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.co.weld.co.us
E-MAIL: rreddick@weldgov.com
PHONE: (970) 353-6100, Ext. 3527
FAX: (970) 304-6498
MARIANA E RAMIREZ
1777 E 16TH ST
GREELEY, CO 80631
Subject: USR17-0066 - 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 two Home
Businesses one being for the storage of up to 2 commercial vehicles and indoor storage of supplies for
a carpet laying business and a second home business for a tax preparation business to be conducted
on site in the A (Agricultural) Zone District.
On parcel(s) of land described as:
PART NW4 SECTION 10, T5N, R65W of the 6th P.M., Weld County, Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on April 3, 2018, at 12:30 p.m.
A subsequent hearing with the Board of County Commissioners will be held on April 25, 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.weldcountyplanninqcases.orq
If you have any questions concerning this matter, please call.
Respectfully,
Ryder Reddick
Planner
November20, 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
MARIANA E RAMIREZ
1777 E 16TH ST
GREELEY CO 80631
Subject: USR17-0066 - 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 two Home
Businesses one being for the storage of up to 2 commercial vehicles and indoor storage of supplies for
a carpet laying business and a second home business for a tax preparation business to be conducted
on site in the A (Agricultural) Zone District.
On parcel(s) of land described as:
PART NW4 SECTION 10, T5N, R65W 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
Kersey at Phone Number 970-353-1681
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,
aic,„
F�ed
d ick
Ryder
Planner
FIELD CHECK
Inspection Date: 3/16/2018
Case Number
Applicant:
Request:
Legal
Description:
Location:
Size of Parcel:
U S R 17-0066
Jose R. & Mariana E. Ramirez and Genaro Nunez
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 two (2) home businesses (tax preparation
business and a carpeting/flooring installation business) in the A
(Agricultural) Zone District.
Being a part of the SE4 NW4 Sectional 0 T5N R65W of the 6th P.M. Weld
County; Colorado.
Northeast of and adjacent to the intersection of E. 16th Street and
Delwood Avenue and approximately 6/10 of a mile west of Fern Avenue
+1- 1.43 acres
Parcel No. 0961-10-2-00-012
Zoning
I
Land
Use
Mining
Special
Use
Permit
Lot)
N
A (Agricultural)
N
Agricultural
(Gravel
E
A (Agricultural)
E
Residential)
(Rural
Residential
Subdivision)
S
R-1
Density
Residential)
S
(Rural
(Low
Residential)
W
A (Agricultural)
W
(Rural
COMMENTS:
The site contains two single family residences and a detached structure currently used for a tax
preparation business. The access to the site is basically the entire southern property boundary
adjacent to East 16th street with approximately 5 identifiable current access points off the existing
County maintained right-of-way.
R.y eddick, Planner
TO:
DATE:
FROM:
SUBJECT:
MEMORANDUM
Planning Commission
April 17, 2018
Ryder Reddick
Request to add one condition of approval prior to recording
the plat to USR17-0066 Planning Commission Resolution
After conducting a site visit at the property owned by Mr. and Mrs. Ramirez and Mr. Nunez on
March 15, 2018 photographic evidence was taken showing evidence that a non-commercial
junkyard was located on site and located within the 100 -year floodplain. Per the Weld County
Code Derelict vehicles and outdoor storage is not permitted when located in the 100 -year
floodplain, therefore, the Department of Planning Services formally requests that a condition of
approval be added to the Planning Commission Resolution for USR17-0066 under Condition of
Approval 1. Prior to recording the plat. The condition should state:
All derelict vehicles and personal items stored outside and located on the property must be moved
outside of the 100 -year floodplain boundaries. The items if remaining on site and outside of the
100 -year floodplain boundaries must also be screened from all adjacent properties and public
rights of way, or be completely removed from the property. For a vehicle to be considered non -
derelict it must be operational with current tags and license plates and evidence of such shall be
provided to the Department of Planning Services.
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