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LAND USE APPLICATION
SUMMARY SHEET
Planner: Kim Ogle Hearing Date: December 5, 2017
Case Number: U5R17-0052
Applicants: Jose Isabel Soto
Situs: c/o Samuel Soto, 2091 County Road 10, Erie, CO80516
Request: A Site Specific Development Plan and Use by Special Review Permit for a Use
permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the
Commercial or Industrial Zone Districts (Landscape Business) provided that the property
is not a lot in an approved or recorded subdivision plat or lots part of a map or plan filed
prior to adoption of any regulations controlling subdivisions in the A (Agricultural) Zone
District.
Legal Lot A RE -1851 being a part of the SW4 SW4 of Section 9, Ti N, R68W of the 6th P.M.,
Description: Weld County, CO
Location: North of and adjacent to CR 10; approximately 355 feet east of CR 5.
Size of Parcel: +/- 3.07 acres Parcel No. 1467-09-0-00-079
POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS
The criteria for review of this Special Review Permit is listed in Section 23-2-220 of the Weld County
Code.
The Department of Planning Services' staff has received referral responses with comments from the
following agencies:
Weld County Zoning Compliance, referral dated September 19, 2017
Y Weld County Department of Public Health and Environment, referral dated October 16, 2017
Y Weld County Department of Public Works, referral dated October 17, 2017
Weld County Department of Planning Services - Engineer, referral dated October 18, 2017
Y Colorado Geological Survey, referral dated October 24, 2017
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
V V V V V V V V
Town of Frederick, referral dated September 19, 2017
Weld County School District RE -1J, referral dated September 20, 2017
Colorado Parks and Wildlife, referral dated September 21, 2017
City of Dacono, referral dated September 25, 2017
Weld County Sheriff's Office, referral dated September 25, 2017
Mountain View Fire Rescue, referral dated September 27, 2017
Boulder Valley Conservation District, referral dated October 3, 2017
Town of Erie, referral dated October 5, 2017
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The Department of Planning Services' staff has not received responses from the following agencies:
Boulder County
• Left Hand Water District
• City and County of Broomfield
• Weld County Department of Building Inspection
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SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
Planner: Kim Ogle
Case Number: USR17-0052
Applicants: Jose Isabel Soto
Hearing Date: December 5, 2017
Situs: c/o Samuel Soto, 2091 County Road 10, Erie, CO80516
Request: A Site Specific Development Plan and Use by Special Review Permit for a Use permitted as
a Use by Right, an Accessory Use, or a Use by Special Review in the Commercial or
Industrial Zone Districts (Landscape Business) provided that the property is not a lot in an
approved or recorded subdivision plat or lots part of a map or plan filed prior to adoption of
any regulations controlling subdivisions in the A (Agricultural) Zone District.
Legal Lot A RE -1851 being a part of the SW4 SW4 of Section 9, T1 N, R68W of the 6th P.M., Weld
Description: County, CO
Location: North of and adjacent to CR 10; approximately 355 feet east of CR 5.
Size of Parcel: +/- 3.07 acres Parcel No. 1467-09-0-00-079
Case Summary:
The applicants are requesting a Use by Special Review permit for a landscape maintenance business The
property owner is the business owner and anticipates growing the business to ten (10) employees. Hours of
operation are 8:00 a.m. to 7:00 p.m. Monday thru Saturday. The existing landscaping on the site consists of
turf, trees, shrubs and grasses. The applicants are not proposing any additional landscaping or screening.
Staff is recommending screening of the employee parking area and any associated outdoor storage of
equipment or materials.
This case is an active Zoning Violation (ZCV17-00121) which was initiated due to the parking of
commercial vehicles, equipment and employee parking associated with a landscaping company without
first completing the necessary Weld County Zoning Permits. If this application is approved by the Board of
County Commissioners, conditions of approval met and the USR map recorded this violation will be
corrected. If this application is denied the Department of Planning Services asks that the Board of County
Commissioners forward this case to the County Attorney's Office for legal action through the District Court
process, but to delay that legal action for thirty (30) days to allow the applicant time to remove all but 1
Commercial Vehicle and all storage of equipment and materials from the property.
DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE
APPROVED FOR THE FOLLOWING REASONS:
1. The submitted materials are in compliance with the application requirements of Section 23-2-260 of the
Weld County Code.
2. It is the opinion of the Department of Planning Services' staff that the applicant has shown compliance
with Section 23-2-220 of the Weld County Code as follows:
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.
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Section 22-2-20.G - A.Goal 7 states, "County land use regulations should protect the individual
property owner's right to request a land use change." And Section 22-2-20.G.2- A.Policy 7.2 states,
"Conversion of agricultural land to nonurban residential, commercial, and industrial uses should be
accommodated when the subject site is in an area that can support such development, and should
attempt to be compatible with the region."
The applicants are requesting a Use by Special Review permit for landscape maintenance business
on land that is also their personal residence. The property owner currently employs four persons and
would like to grow the business to include 10 employees who will access the property in the morning,
park their vehicles and leave in a company owned vehicles. Hours of operation are 8:00 a.m. to 7:00
p.m. Monday through Saturday. The existing landscaping on the site consists of turf, trees, shrubs
and grasses. The applicants are not proposing any additional landscaping or screening. Section 23-
2-240.A.10 states "Buffering or screening of the proposed use from adjacent properties may be
required in order to make the determination that the proposed use is compatible with the surrounding
uses." The proposed use is in an area that can support this development and the existing and
proposed screening, the Development Standards, and the Conditions of Approval will assist in
mitigating the impacts of the facility on the adjacent properties and ensure compatibility with
surrounding land uses and the region.
Section 22-2-20.G.7 - A.Policy 7.3 states, "Conversion of agricultural land to urban residential,
commercial and industrial uses should be considered when the subject site is located inside an
Intergovernmental Agreement area, Urban Growth Boundary area, Regional Urbanization Area or
Urban Development Nodes, or where adequate services are currently available or reasonably
obtainable. A municipality's adopted comprehensive plan should be considered, but should not
determine the appropriateness of such conversion."
This site is located within three miles of the Town of Erie although at this time there is no
Intergovernmental Agreement between the Town of Erie and Weld County. The Town indicated that
the proposal does not comply with the Comprehensive Plan as the Landscape Business is not a
preferred use within the "RR - Rural Residential" land use designation.
Section 22-2-20.H.8 - A.Policy 8.3 states, "The land use applicants should demonstrate that the
roadway facilities associated with the proposed development are adequate in width, classification
and structural capacity to serve the proposed land use change."
The referral comments from the Department of Public Works state that CR 10 is a gravel road. The
Department of Public Works did not have any concerns with the use of this road for this USR.
Section 22-2-20.H.8 - A.Policy 8.4. states, "The land use applicants should demonstrate that
drainage providing stormwater management for the proposed land use change is adequate for the
type and style of development and meets the requirements of county, state and federal rules and
regulations."
The drainage narrative was submitted and reviewed by the Department of Planning Services -
Engineer. No concerns were identified with the stormwater management.
Section 22-2-20.H.8 - A. Policy 8.5. states, "The land use applicants should demonstrate that public
service providers, such as but not limited to schools, emergency services and fire protection, are
informed of the proposed development and are given adequate opportunity to comment on the
proposal."
The USR was sent to seventeen (17) referral agencies including the school district, the water district,
and the fire district. The referral agencies had 28 days to review this USR and most of them submitted
response of `no concerns' with the rest submitting comments or conditions that are incorporated as
Conditions of Approval or Development Standards in the staff recommendation.
B. Section 23-2-220.A.2. -- The proposed use is consistent with the intent of the A (Agricultural) Zone
District Section 23-3-40.S. which allows for a Site Specific Development Plan and Use by Special
Review Permit for a Use permitted as a Use by Right, an Accessory Use, or a Use by Special
Review in the Commercial or Industrial Zone Districts (Landscape Business) provided that the
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property is not a lot in an approved or recorded subdivision plat or lots part of a map or plan filed
prior to adoption of any regulations controlling subdivisions in the A (Agricultural) Zone District.
Section 23-3-10 - Intent states, "The A (Agricultural) Zone District is also intended to provide areas
for the conduct of uses by Special Review which have been determined to be more intense or to
have a potentially greater impact than uses Allowed by Right."
The proposed USR is in an area that can support this development and the Development Standards
and the Conditions of Approval will assist in mitigating the impacts of the facility on the adjacent
properties and ensure compatibility with surrounding land uses and the region.
C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing
surrounding land uses.
The adjacent lands consist of pastures, crops, and rural residences. There are three (3) houses
within 250 feet of the site. The closest residence is 150 feet west of the property line.
There are eleven (11) USRs within one mile of this site. USR-887 for an accessory building is located
north of the site: SUP -322 for a private airport is located northwest of the site. USR-1503 for 150
head of calves, USR-1502 for a second dwelling, and USR-1613 for a gutter business are all located
northeast of the site. USR-1348 for an accessory building and an indoor arena, CUP -32, CUP -57 for
a second dwelling, USR-931 horse boarding facility, and CUP -34 for a horse training and breeding
facility and USR17-0035 for a motorcycle repair with cargo container storage are all located
southeast of the site.
The Weld County Department of Planning Services has received a couple of phone calls from the
same surrounding property owner who asked questions about this Use by Special Review (USR).
D. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with future development
of the surrounding area as permitted by the existing zoning and with the future development as
projected by Chapter 22 of the Weld County Code and any other applicable code provisions or
ordinances in effect, or the adopted Master Plans of affected municipalities.
The site is located within a three (3) mile referral area of the Towns of Erie and Frederick, the City of
Dacono, Boulder County and the City and County of Broomfield. The Towns of Erie, Frederick, the
City of Dacono all submitted referral agency comments indicating no concerns. Boulder County and
the City and County of Broomfield did not return a referral response.
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 or an Airport Overlay District. The property is within the Geologic Hazard
Overlay District and staff has included a Condition of Approval that the applicant submit a Geological
Hazard Development Permit. The Colorado Geological Survey reviewed the application and stated
that the mine depth is 225 feet and the subsidence hazard is low.
Building Permits issued on the lot will be required to adhere to the fee structure of the County -Wide
Road Impact Fee, County Facility Fee and Drainage Impact Fee Programs.
F. Section 23-2-220.A.6 -- The applicant has demonstrated a diligent effort to conserve prime
agricultural land in the locational decision for the proposed use.
The proposed landscape business is located on 3 acres of soil designated as "High Potential Dry
Cropland" per the 1979 Soil Conservation Service Important Farmlands of Weld County Map. There
are no new structures proposed so the USR will not take any Prime (Irrigated) Farmland out of
production.
G. Section 23-2-220.A.7 -- There is adequate provisions for the protection of the health, safety, and
welfare of the inhabitants of the neighborhood andCounty.
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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. All projects occurring in a Geologic Hazard Area as delineated by the Colorado Geological Survey
shall comply with Overlay District requirements of Chapter 23, Article V, Division 2 of the Weld County
Code. A Geological Hazard Development Permit is required. (Department of Planning Services -
Engineer)
B. An Improvements and Road Maintenance Agreement is required for offsite 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 USR17-0052. (Department of Planning Services)
2) The attached Development Standards. (Department of Planning Services)
3) The map shall be prepared per Section 23-2-260.D of the Weld County Code. (Department of
Planning Services)
4) The applicant shall delineate the trash collection areas. Section 23-3-350.H of the Weld County
Code addresses the issue of trash collection areas. (Department of Planning Services)
5) If applicable, signs shall be shown on the map and shall adhere to Chapter 23, Article IV, Division
2 and Appendices 23-C, 23-D and 23-E of the Weld County Code. (Department of Planning
Services)
6) The map shall delineate the lighting, if applicable. (Department of Planning Services)
7) County Road 10 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 PublicWorks)
8) Show and label the approved access(es) (APXX-XXXXX), and the appropriate turning radii (60')
on the site plan. (Department of PublicWorks)
9) 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)
10) The applicant shall show the drainage flow arrows. (Department of Planning Services -Engineer)
11) Show and label the employee parking spaces. (Department of Planning Services -Engineer)
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12) Show and label the Geologic Hazard Area on the site plan. (Department of Planning Services -
Engineer)
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. The Use by Special Review activity shall not occur, nor shall any building or electrical permits be issued
on the property, until the Use by Special Review map is ready to be recorded in the office of the Weld
County Clerk and Recorder or the applicant has been approved for an early release agreement.
(Department of Planning Services)
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
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1. A Site Specific Development Plan and Use by Special Review Permit, USR17-0052, for a Use
permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the Commercial or
Industrial Zone Districts (Landscape Business) provided that the property is not a lot in an approved
or recorded subdivision plat or lots part of a map or plan filed prior to adoption of any regulations
controlling subdivisions in the A (Agricultural) Zone District, subject to the Development Standards
stated hereon. (Department of Planning Services)
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld
County Code. (Department of Planning Services)
3. The hours of operation are 8:00 a.m. to 7:00 p.m. Monday thru Saturday. (Department of Planning
Services)
4. The number of employees shall be ten (10). (Department of Planning Services)
5. The parking area on the site shall be maintained. (Department of Planning Services)
6. All signs shall adhere to Chapter 23, Article IV, Division 2 and Appendices 23-C, 23-D and 23-E of
the Weld County Code. (Department of Planning Services)
7. This site is located within the Geological Hazard Overlay District. (Departments of Planning and
Planning -Engineer)
8. The property owner shall control noxious weeds on the site. (Department of Public Works)
9. The access on the site shall be maintained to mitigate any impacts to the public road including
damages and/or offsite tracking. (Department of Public Works)
10. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Department of Public Works)
11. The historical flow patterns and runoff amounts on the site will be maintained. (Department of
Planning Services -Engineer)
12. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, Section
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)
13. 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, Section 30-20-100.5, C.R.S. (Department of Public Health and Environment)
14. 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 and Environment)
15. 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)
16. 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)
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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 and Environment)
18. Adequate drinking, handwashing and toilet facilities shall be provided for employees of the facility,
at all times. Any septic system located on the property must comply with all provisions of the Weld
County Code, pertaining to Onsite Waste Water Treatment Systems. (Department of Public Health
and Environment)
19. For employees or contractors on site for less than 2 consecutive hours a day, and 2 or less full
time employees on site, portable toilets and bottled water are acceptable. Records of maintenance
and proper disposal for portable toilets shall be retained on a quarterly basis and available for
review by the Weld County Department of Public Health and Environment. Portable toilets shall be
serviced by a cleaner licensed in Weld County and shall contain hand sanitizers. (Department of
Public Health and Environment)
20. 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)
21. 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)
22. A building permit may be required, per Section 29-3-10 of the Weld County Code. Currently the
following has been adopted by Weld County: 2012 International Codes; 2006 International Energy
Code; 2014 National Electrical Code; A building permit application must be completed and two
complete sets of engineered plans bearing the wet stamp of a Colorado registered architect or
engineer must be submitted for review. A geotechnical engineering report performed by a
registered State of Colorado engineer shall be required or an open hole inspection. (Department of
Building Inspection)
23. 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.
24. 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.
25. 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.
26. 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
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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.
27. 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.
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.
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November 14, 2017
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.co.weld.co.us
E-MAIL: kogle@weldgov.com
PHONE: (970) 353-6100, Ext. 3549
FAX: (970) 304-6498
SOTO SAM
2091 CR 10303
ERIE, CO 80516
Subject: USR17-0052 - A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL USE
PERMIT FOR ANY USE PERMITTED AS A USE BY RIGHT OR ACCESSORY USE IN THE
COMMERCIAL ZONE DISTRICT (LANDSCAPE BUSINESS) IN THE A (AGRICULTURAL) ZONE
DISTRICT
On parcel(s) of land described as:
PART SW4SW4 SECTION 9, T1 N, R68W LOT A REC EXEMPT RE -1851 OF THE 6TH P.M., WELD
COUNTY, COLORADO.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on December 5, 2017, at 12:30
p.m. A subsequent hearing with the Board of County Commissioners will be held on January 17, 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,
Kim Ogl
Planner
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.co.weld.co.us
E-MAIL: kogle@weldgov.com
PHONE: (970) 353-6100, Ext. 3549
FAX: (970) 304-6498
September 19, 2017
SOTO SAM
2091 CR 10303
ERIE CO 805168602
Subject: USR17-0052 - A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL USE
PERMIT FOR ANY USE PERMITTED AS A USE BY RIGHT OR ACCESSORY USE IN THE
COMMERCIAL ZONE DISTRICT (LANDSCAPE BUSINESS) IN THE A (AGRICULTURAL) ZONE
DISTRICT
On parcel(s) of land described as:
PART SW4SW4 SECTION 9, T1 N, R68W LOT A REC EXEMPT RE -1851 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:
Dacono at Phone Number 303-833-2317
Erie at Phone Number 303-926-2700
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,
Kim Og
Planner
FIELD CHECK
USR17-0052
Jose Soto
Inspection Date: November 16, 2017
Request: A Site Specific Development Plan and Use by Special Review Permit for a Use
permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the Commercial or
Industrial Zone Districts (Landscape Maintenance Business) provided that the property is riot a lot in an
approved or recorded subdivision plat or lots part of a map or plan filed prior to adoption of any regulations
controlling subdivisions in the A (Agricultural) Zone District.
Zoning
Land Use
N
A (Agricultural)
N
Residence and proposed USR17- 0052 (Landscape Bus.)
E
A (Agricultural)
E
Residence and USR17-0035 (Motorcycle Restoration)
S
A (Agricultural)
S
Agricultural Field
W
A (Agricultural)
W
Agricultural and residence
Improvements on the property include the Soto residence and metal skinned outbuilding. The
service yard is graveled and graded and has a landscape component that will in time screen the
parking area on site. The property is fenced at the perimeter and there is an area light internal
to the site. Access to the residence and business is directly from County Road 10.
There is an access easement located on the east side of the property. Property owners Powell
and Call who is applying for a USR (USR17-0051) for a Landscape Business utilize this
easement to gain access to their property. The easement road is not utilized by Mr. Soto.
Overhead and underground utilities are located to the north of CR 10.
Violations of the land not previously addressed were not present.
Hello