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LAND USE APPLICATION
SUMMARY SHEET
Angela Snyder
USR18-0023
Les Matson, Les Matson Construction Inc. do Brian Hartman, Jabez Trucking, Inc.
22014 County Road 52, Greeley, CO 80631
Hearing Date: September 4, 2018
A Site Specific Development Plan and Use by Special Review Permit for any Use
permitted as a Use by Right, an Accessory Use or a Use by Special Review Permit in
the Commercial or Industrial Zone Districts (truck and equipment parking and storage
for construction businesses) provided that the property is not a lot in an approved or
recorded subdivision plat or lots parts of a map or plan filed prior to adoption of any
regulations controlling subdivisions in the A (Agricultural) Zone District.
Lot B of Recorded Exemption RECX17-0143, being a part of the NW4 of Section 35,
Township 5 North, Range 65 West of the 6th P.M., Weld County, Colorado
South of and adjacent to County Rd 52, East of and adjacent to County Rd 45
Size of Parcel: +/- 72.84 acres
Parcel No. 0961-35-2-00-001
The criteria for review of this Special Review Permit is listed in Section 23-2-220 of the Weld County Code.
The Department of Planning Services' staff has received referral responses with comments from the
following agencies:
Weld County Zoning Compliance, referral dated June 11, 2018
Town of Kersey, referral dated December 23, 2018
Town of LaSalle, referral dated June 26. 2018
Weld County Department of Public Health and Environment, referral dated June 28, 2018
Colorado Parks and Wildlife, referral dated July 5, 2018
Weld County Department of Public Works, referral dated July 9, 2018
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
Y Central Weld County Water District, referral dated June 11, 2018
Y City of Greeley, referral dated June 14, 2018
Y Weld County Sheriff's Office, referral dated June 22, 2018
The Department of Planning Services' staff did not receive referral responses from the following agencies:
Y City of Evans
Y LaSalle Fire Protection District
Y Lower Latham Ditch Company
Y Weld County Department of Building Services
Y Weld County School District RE -6
Y West Greeley Conservation District
USR18-0023, Matson, Page 1 of 11
USE BY SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
Planner: Angela Snyder Hearing Date: September 4, 2018
Case Number: USR18-0023
Applicant: Les Matson, Les Matson Construction, Inc. & Brian Hartman, Jabez Trucking, Inc.
Address: 22014 County Road 52, Greeley, CO 80631
Request: A Site Specific Development Plan and Use by Special Review Permit for any Use
permitted as a Use by Right, an Accessory Use or a Use by Special Review Permit in
the Commercial or Industrial Zone Districts (truck and equipment parking and storage for
construction businesses) provided that the property is not a lot in an approved or
recorded subdivision plat or lots parts of a map or plan filed prior to adoption of any
regulations controlling subdivisions in the A (Agricultural) Zone District.
Legal Lot B of Recorded Exemption RECX17-0143, being a part of the NW4 of Section 35,
Description: Township 5 North, Range 65 West of the 6th P.M., Weld County, Colorado
Location: South of and adjacent to County Rd 52, East of and adjacent to County Rd 45
Size of Parcel: +/- 72.84 acres Parcel No. 0961-35-2-00-001
Case Summary:
The applicant has requested truck and equipment parking and storage for three construction businesses
(Les Matson Construction, Inc.; Jabez Trucking, Inc.; and Garrett Construction) on a 3.5 -acre dry portion
of the property not being used for agricultural production.
Les Matson is the current property owner. He is retired and would like to use the property and the proposed
structure to store his personal vehicles. Note that all vehicles stored outside are required to have current
tags and be operational. Brian Hartman plans to purchase the property in the future. He owns a small
commercial trucking business and would like to use the property for storage of his vehicles and equipment
while not in use. Drivers may leave their personal vehicles on the site while they are on the road. Minor
truck maintenance such as oil changes, tire and brake repair and replacement are performed on site.
Garrette Construction, a small excavation company would also like to use the property to store equipment.
Hours of operation will be Monday through Saturday from 7:00 a.m. to 6:00 p.m. Four full-time employees
are associated with the businesses. These employees will be onsite less than twenty (20) hours per week,
limited to a two-hour window in the morning and a two-hour window at the end of the workday. The access
road on the property is also used by oilfield trucks and also used to access the Lower Latham Reservoir.
This traffic is not being considered by for this Use by Special Review.
The site is currently in violation (ZCV17-00343) of Chapter 23 of the Weld County Code. The violation was
initiated due to the presence of a commercial vehicle and equipment storage operation without first
completing the necessary Weld County Zoning Permits. This case has been forwarded to the County
Attorney's Office; therefore, an investigation fee was required and paid at the time of application submittal.
If this application is approved by the Board of County Commissioners, Conditions of Approval are met, and
the Use by Special Review map is recorded, it will correct the outstanding violation. If this application is
denied, the case will continue through the County Court process until all but one (1) Commercial Vehicle
(which is allowed as an Accessory Use in the A "Agricultural" Zone District) are removed from the property.
USR18-0023, Matson, Page 2 of 11
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. The applicant shall demonstrate:
A. Section 23-2-220.A.1 -- That the proposal is consistent with Chapter 22 of this Code and any
other applicable code provision or ordinance in effect.
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 proposed commercial activities will not impact the current agricultural use of the land, as
they will be limited to the dry area of the property.
Section 22-2-20.F(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 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 22-2-100.A C.Goal 1. states, "Promote the location of commercial uses within
municipalities, County Urban Growth Boundary areas, Intergovernmental Agreement urban
growth areas, growth management areas as defined in municipal comprehensive plans, the
Regional Urbanization Areas, Urban Development Nodes or where adequate services are
currently available or reasonably obtainable."
This site is located within the Kersey Intergovernmental Agreement Area (IGA) and the Town
of Kersey indicated no conflict in the signed Notice of Inquiry response submitted with the
application.
B. Section 23-2-220.A.2 -- That the proposal is consistent with the intent of the district in which
the USE is located.
Section 23-3-10. states "The A (Agricultural) Zone District is also intended to provide areas for
the conduct of Uses by Special Review which have been determined to be more intense or to
have a potentially greater impact than Uses Allowed by Right."
The attached Development Standards and Conditions of Approval will adequately mitigate the
impacts of the use.
According to Section 23-3-40.S., the Weld County Code allows ""Any use permitted as a Use
by Right, an accessory use, or a Use by Special Review in the commercial or industrial zone
districts, provided that the property is not a Lot in an approved or recorded subdivision plat or
lots parts of a map or plan filed prior to adoption of any regulations controlling subdivisions.
PUD development proposals shall not be permitted to use the special review permit process to
develop."
USR18-0023, Matson, Page 3 of 11
C. Section 23-2-220.A.3 -- That the USES which would be permitted will be compatible with the
existing surrounding land USES.
The proposal includes using one roughly seven thousand 7,000 SF barn and approximately
3.5 acres of the ±72.8 acres for commercial purposes. The commercial area of the property is
within a quarter of a mile from one residence, 22260 County Road 52. Within one (1) mile of
this proposed facility there are two (2) Use by Special Review permits: MUSR14-0006, adjacent
to the site, for an oil and gas service yard and USR-1274 for vehicle storage and a recreation
facility.
Two phone calls were received from surrounding property owners, citing dust, increased truck
traffic and the operation of a commercial business without the necessary permits. The
applicants held a neighborhood meeting on December 19, 2018. Two neighbors, residing in
the closest home to the site, and a representative from the Lower Latham Ditch Company were
present. Concerns were raised regarding dust and truck traffic were raised by the neighbors.
The Lower Latham Ditch Company representative was interested in increasing communication,
as the Lower Latham Reservoir access traverses the applicant's property. Lower Latham Ditch
Company did not return a referral response, so it is unclear if their concerns have been
mitigated.
D. Section 23-2-220.A.4 -- That the USES which would 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 this Code or MASTER PLANS of affected
municipalities.
This site is located within the Kersey Intergovernmental Agreement Area (IGA). In the Notice
of Inquiry response submitted with the application, the Town of Kersey stated no concerns. The
site is located within the three-mile Urban Growth Boundary (UGB) areas of the Cities of Evans
and Greeley and the Town of LaSalle. The Town of LaSalle, in a referral response dated June
26, 2018, requested that as much traffic as possible be diverted away from County Road 52 as
it enters the Town of LaSalle, with County Roads 43, 47 and 49 listed as preferred truck routes.
E. Section 23-2-220.A.5 -- That the application complies with Articles V and XI of this Chapter [23]
if the proposal is located within the Overlay District Areas or a Special Flood Hazard Area
identified by maps officially adopted by the COUNTY.
The site is in the Airport Overlay District. The site is not in a floodplain or geohazard overlay
district.
F. Section 23-2-220.A.6 -- That if the USE is proposed to be located in the A (Agricultural) Zone
District, the applicant has demonstrated a diligent effort has been made to conserve PRIME
FARMLAND in the locational decision for the proposed USE.
The proposed facility is located on approximately 3.5 acres of the 83 -acre site. The soils therein
are designated "Prime (Irrigated)" per the 1979 Soil Conservation Service Important Farmlands
of Weld County Map, however the pivot does not reach that part of the field where commercial
operations take place.
G. Section 23-2-220.A.7 - That there is adequate provision for the protection of the health, safety
and welfare of the inhabitants of the NEIGHBORHOOD and the 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. Building Permits issued on the lot will be required
USR18-0023, Matson, Page 4 of 11
to adhere to the fee structure of the County -Wide Road Impact Fee Program, County Facility
Fee and Drainage Impact Fee Programs.
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 USR map:
A. The applicant shall attempt to address the requirements of the Town of LaSalle, as stated in
the referral response dated June 26, 2018. Written evidence of such shall be submitted to
the Weld County Department of Planning Services. (Department of Planning Services)
B. A Final Drainage Report and Certification of Compliance stamped and signed by a
Professional Engineer registered in the State of Colorado is required. (Department of Public
Works)
C. The applicant shall attempt to address the requirements of Colorado Parks and Wildlife, as
stated in the referral response dated July 5, 2018. Written evidence of such shall be
submitted to the Weld County Department of Planning Services. (Department of Planning
Services)
D. The applicant shall submit a Landscape and Screening Plan to the Weld County Department
of Planning Services in accordance with Section 23-2-240.A.10.
E. The USR map shall be amended to delineate the following:
1. All sheets of the map shall be labeled USR18-0023 (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 existing and proposed landscaping and/or screening from
adjacent properties and right-of-way in accordance with Section 23-2-240.A.10.
(Department of Planning Services)
6. The map shall delineate the site lighting in coordination with Dark Sky Standards in
accordance with Section 23-2-10.C and 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 the parking area for the vendors, customers and/or employees
in accordance with Appendix 23-A and Appendix 23-B of the Weld County Code.
(Department of Planning Services)
9. Show and label all recorded easements on the map by book and page number or
reception number and date on the site plan. (Department of Planning Services)
USR18-0023, Matson, Page 5 of 11
10. County Road 52 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)
11. County Road 45 Section Line is shown to have 60 feet of unmaintained section line
right-of-way per the Weld County GIS right-of-way map. The applicant shall delineate
the existing right-of-way on the site plan. All setbacks shall be measured from the
edge of right-of-way. (Department of Public Works)
12. Show and label the approved access locations, approved access width and the
appropriate turning radii (60') on the site plan. The applicant must obtain an access
permit in the approved location(s) prior to construction. (Department of Public Works)
13. Show and label the approved tracking control on the site plan. (Department of Public
Works)
14. Show and label the section line Right -of -Way as "CR 45 Section Line Right -Of -Way,
not County maintained." (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. The applicant shall show and label the accepted drainage features and drainage flow
arrows. Stormwater ponds should be labeled as "Stormwater Detention, No -Build or
Storage Area" and shall include the calculated volume. (Department of Public Works)
17. The applicant shall show the drainage flow arrows. (Department of Public Works)
18. Show and label the parking and traffic circulation flow arrows showing how the traffic
moves around the property. (Department of Public Works)
19. The applicant shall delineate 0.25 -mile and 0.5 -mile buffers from the eagle nest site
(Department of Planning Services).
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
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)
USR18-0023, Matson, Page 6 of 11
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
mapsRco.weld.co us. (Department of Planning Services)
5. Prior to Construction:
A. If more than 1 acre is to be disturbed, a Weld County grading permit will be required..
(Department of Public Works)
6. Prior to the issuance of the Certificate of Occupancy:
A. An on -site waste -water treatment system is required for the proposed facility and shall be
installed according to the Weld County On -site Waste -water Treatment System (O.W.T.S.)
Regulations. The septic system is required to be designed by a Colorado Registered
Professional Engineer according to the Weld County O.W.T.S. Regulations. (Department of
Building Inspection)
7. 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)
USR18-0023, Matson, Page 7 of 11
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Les Matson, Les Matson Construction, Inc. & Brian Hartman, Jabez Trucking, Inc.
USR18-0023
1. A Site Specific Development Plan and Use by Special Review Permit for any Use permitted as a Use
by Right, an Accessory Use or a Use by Special Review Permit in the Commercial or Industrial Zone
Districts (truck and equipment parking and storage for construction businesses) provided that the
property is not a lot in an approved or recorded subdivision plat or lots parts of a map or plan filed prior
to adoption of any regulations controlling subdivisions in the A (Agricultural) Zone District. (Department
of Planning Services)
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County
Code. (Department of Planning Services)
3. The hours of operation are 7:00 a.m. - 6:00 p.m. Monday - Saturday. (Department of Planning
Services)
4. The number of employees shall be five (5). (Department of Planning Services)
5. The number of commercial vehicles shall be limited to three (3). (Department of Planning Services)
6. The number of cargo containers used as storage shall be limited to five (5). (Department of Planning
Services)
7. The parking area on the site shall be maintained. (Department of Planning Services)
8. The number of vehicle roundtrips shall be limited to twenty-four (24). (Department of Planning Services)
9. 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)
10. The landscaping/screening on the site shall be maintained in accordance with the approved Landscape
/ Screening Plan. (Department of Planning Services)
11. Sources of light shall be shielded so that beams or rays of light will not shine directly onto adjacent
properties and incorporate Dark Sky Standards. Sources of light should not cause a nuisance or
interfere with the use on the adjacent properties in accordance with the map. 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)
12. No surface occupancy shall occur within 0.25 mile of any active bald eagle nest site or winter night
roost. No human encroachment or disturbance shall occur within 0.5 mile any active bald eagle nest
site from November 15 to July 31 of each year nor within 0.5 mile any active bald eagle winter roost
site from November 15 to February 28 of each year. (Department of Planning Services)
13. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-
100.5, C.R.5.) shall be stored and removed for final disposal in a manner that protects against surface
and groundwater contamination. (Department of Public Health and Environment)
14. 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)
USR18-0023, Matson, Page 8 of 11
15. 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 and the accepted waste handling
plan. (Department of Public Health and Environment)
16. 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.
17. 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)
18. Adequate drinking, hand washing and toilet facilities shall be provided for employees, at all times. Any
septic system located on the property must comply with all provisions of the Weld County Code,
pertaining to On -site Wastewater Treatment Systems.
19. A permanent, adequate water supply shall be provided for drinking and sanitary purposes. (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. The property owner shall control noxious weeds on the site. (Department of Public Works)
22. 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)
23. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Department of Public Works)
24. 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)
25. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Public
Works)
26. Weld County is not responsible for the maintenance of onsite drainage related features. (Department
of Public Works)
27. Building permits may be required, per Section 29-3-10 of the Weld County Code. Currently, the
following have been adopted by Weld County: 2012 International Codes, 2006 International Energy
Code, and 2017 National Electrical Code. A Building Permit Application must be completed and two (2)
complete sets of engineered plans bearing the wet stamp of a Colorado registered architect or engineer
must be submitted for review. A Geotechnical Engineering Report performed by a Colorado registered
engineer shall be required or an Open Hole Inspection. (Department of Building Inspection)
28. 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.
29. 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.
USR18-0023, Matson, Page 9 of 11
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. The property owner or operator shall be responsible for complying with all of the foregoing Development
Standards. Noncompliance with any of the foregoing Development Standards may be reason for
revocation of the Permit by the Board of County Commissioners.
32. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of the most
abundant mineral resources, including, but not limited to, sand and gravel, oil, natural gas, and
coal. Under title 34 of the Colorado Revised Statutes, minerals are vital resources because (a) the
state's commercial mineral deposits are essential to the state's economy; (b) the populous counties of
the state face a critical shortage of such deposits; and (c) such deposits should be extracted according
to a rational plan, calculated to avoid waste of such deposits and cause the least practicable disruption
of the ecology and quality of life of the citizens of the populous counties of the state.
Mineral resource locations are widespread throughout the County and person moving into these areas
must recognize the various impacts associated with this development. Often times, mineral resource
sites are fixed to their geographical and geophysical locations. Moreover, these resources are
protected property rights and mineral owners should be afforded the opportunity to extract the mineral
resource.
33. WELD COUNTY'S RIGHT TO FARM STATEMENT: Weld County is one of the most productive
agricultural counties in the United States, typically ranking in the top ten counties in the country in total
market value of agricultural products sold. The rural areas of Weld County may be open and spacious,
but they are intensively used for agriculture. Persons moving into a rural area must recognize and
accept there are drawbacks, including conflicts with long-standing agricultural practices and a lower
level of services than in town. Along with the drawbacks come the incentives which attract urban
dwellers to relocate to rural areas: open views, spaciousness, wildlife, lack of city noise and congestion,
and the rural atmosphere and way of life. Without neighboring farms, those features which attract urban
dwellers to rural Weld County would quickly be gone forever.
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area. Well -run agricultural activities
will generate off -site impacts, including noise from tractors and equipment; slow -moving farm vehicles
on rural roads; dust from animal pens, field work, harvest and gravel roads; odor from animal
confinement, silage and manure; smoke from ditch burning; flies and mosquitoes; hunting and trapping
activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and fertilizers in
the fields, including the use of aerial spraying. It is common practice for agricultural producers to utilize
an accumulation of agricultural machinery and supplies to assist in their agricultural operations. A
concentration of miscellaneous agricultural materials often produces a visual disparity between rural
and urban areas of the County. Section 35-3.5-102, C.R.S., provides 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
USR18-0023, Matson, Page 10 of 11
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.
USR18-0023, Matson, Page 11 of 11
August 07, 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
HARTMAN BRIAN
2413 27TH AVENUE CT
GREELEY, CO 80634
Subject: USR18-0023 - A Site Specific Development Plan and Use by Special Review Permit for any
Use permitted as a Use by Right, an Accessory Use or a Use by Special Review Permit in the
Commercial or Industrial Zone Districts (truck and equipment parking and storage for construction
businesses) provided that the property is not a lot in an approved or recorded subdivision plat or lots
parts of a map or plan filed prior to adoption of any regulations controlling subdivisions in the A
(Agricultural) Zone District.
On parcel(s) of land described as:
PART NW4 SECTION 35, T5N, R65W LOT B REC EXEMPT RECX17-0143 of the 6th P.M., Weld
County, Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on September 4, 2018, at
12:30 p.m. A subsequent hearing with the Board of County Commissioners will be held on September
26, 2018 at 10:00 a.m. Both hearings will be held in the Hearing Room, Weld County Administration
Building, 1150 0 Street, Greeley, Colorado. It is recommended that you and/or a representative be in
attendance to answer any questions the Planning Commission members or Board of County
Commissioners may have.
Colorado Revised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01-1088) requires notification of
all mineral estate owners 30 days prior to any public hearing. The applicant needs to provide the Weld
County Planning Department with written certification indicating the above requirement has been met.
A representative from the Department of Planning Services will be out to the property a minimum of ten
days prior to the hearing to post a sign adjacent to and visible from a publicly maintained road
right-of-way which identifies the hearing time, date, and location. In the event the property is not
adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent place
on the property and a second sign posted at the point at which the driveway (access drive) intersects a
publicly maintained road right-of-way.
The Department of Planning Services' staff will make a recommendation concerning this application to
the Weld County Planning Commission and will be included in the staff report one week prior to the
scheduled Planning Commission hearing. You may view the staff report at
www.weldcountyplanningcases.org
If you have any questions concerning this matter, please call.
Respectfully,
Angela Snyder
Planner
June 08, 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
HARTMAN BRIAN
2413 27TH AVENUE CT
GREELEY, CO 80634
Subject: USR18-0023 - A Site Specific Development Plan and Use by Special Review Permit for any
Use permitted as a Use by Right, an Accessory Use or a Use by Special Review Permit in the
Commercial or Industrial Zone Districts (truck and equipment parking and storage for construction
businesses) provided that the property is not a lot in an approved or recorded subdivision plat or lots
parts of a map or plan filed prior to adoption of any regulations controlling subdivisions in the A
(Agricultural) Zone District.
On parcel(s) of land described as:
PART NW4 SECTION 35, T5N, R65W LOT B RECX17-0143 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
Greeley at Phone Number 970-350-9780
LaSalle at Phone Number 970-284-6931
Kersey at Phone Number 970-353-1681
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,
j
Angela Snyder
Planner
FIELD CHECK
Inspection Date: 08/24/18
Case Number: USR18-0023
Applicant: Les Matson, Les Matson Construction &
Brian Hartman, Jabez Trucking, Inc.
Request:
Legal
Description:
A Site Specific Development Plan and Use by Special Review Permit for
any Use permitted as a Use by Right, an Accessory Use or a Use by
Special Review Permit in the Commercial or Industrial Zone Districts
(truck and equipment parking and storage for construction businesses)
provided that the property is not a lot in an approved or recorded
subdivision plat or lots pads of a map or plan filed prior to adoption of any
regulations controlling subdivisions in the A (Agricultural) Zone District.
Lot B of Recorded Exemption RECX17-0143, being a part of the NW4 of
Section 35, Township 5 North, Range 65 West of the 6th P.M., Weld
County, Colorado
Location: South of and adjacent to County Rd 52, East of and adjacent to County
Rd 45
Total Size
of Parcels:
+/- 72.84 acres
Parcel Number: 0961-35-2-00-001
Zoning
Land Use
N
A (Agricultural)
N
Ag, Rural Residential
E
A (Agricultural)
E
Ag, Rural Residential
S
A (Agricultural)
S
Lower Latham Reservoir, Oil and Gas
W
A (Agricultural)
W
Ag, Rural Residential
COMMENTS:
The site includes one large outbuilding on the very southern edge of the property just north of the
edge of the Lower Latham Reservoir. The building can be seen from CR 52. Eight cargo
containers and eight commercial vehicles can be seen from the aerial imagery, but from the right-
of-way there appear to be fewer. The request was for 5 cargo containers and 3 commercial
vehicles. The access road follows the ditch to the Lower Latham Reservoir.
Angela'Snyder, Plann4r
Hello