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Case Number:
Owner/Applicant:
Address:
Request:
Legal
Description: County, CO
LAND USE APPLICATION
SUMMARY SHEET
Michael Hall
USR17-0044
Kyle D. Kempema
2770 East 18th Street, Greeley, CO 80631
Hearing Date: February 20, 2018
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 (commercial parking and storage of trucks,
trailers and equipment for a gas line installation 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.
A parcel of land located in the SW4 of Section 11, T5N, R65W of the 6th P.M., Weld
Location: South of and adjacent to east 18th Street; approximately 0.06 miles east of Fern
Avenue
Size of Parcel:
+/- 5.04 acres Parcel No. 0961-11-0-00-034
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 August 31, 2017
▪ West Greeley Conservation District, referral dated September 11, 2017
Y Weld County Department of Public Works, referral dated September 27, 2017
Y Weld County Department of Planning, Engineering, referral dated January 8, 2018
Y Weld County Department of Public Health and Environment, referral dated September 28, 2017
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
Y Town of Garden City, referral dated September 5, 2017
Y Greeley -Weld County Airport, referral date August 31, 2017
Y Weld County Sheriff's Office, referral dated August 31, 2017
Y Western Hills Fire Protection District, referral dated August 31, 2017
Y Colorado Division of Water Resources, referral dated, September 12, 2017
The Department of Planning Services' staff has not received responses from the following agencies:
Y City of Evans
Y City of Greeley
▪ Town of Kersey
▪ Colorado Division of Wildlife
Y North Weld County Water District
Y Weld County School District RE -6
Weld County Department of Building
Inspection
USR17-0044 - Kempema I Page 1 of 9
SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
Planner: Michael Hall Hearing Date: February 20, 2018
Case Number: USR17-0044
Owner/Applicant: Kyle D. Kempema
Address: 2770 East 18th Street, Greeley, CO 80631
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 (commercial parking and storage of trucks,
trailers and equipment for a gas line installation 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 A tract of land located in the SW4 of Section 11, T5N, R65W of the 6th P.M., Weld
Description: County, CO
Location: South of and adjacent to east 18th Street; approximately 0.06 miles east of Fern
Avenue
Size of Parcel: +/- 5.04 acres Parcel No. 0961-11-0-00-034
Case Summary:
The applicant is requesting a Site Specific Development Plan and Use by Special Review Permit for a
commercial business (commercial parking and storage of trucks, trailers and equipment for a gas line
installation business) on an approximately 5 acre parcel of land. The property owner leases a portion of
the site to K.R. Swerdferger for the business. No washing or maintenance is proposed and waste
materials, chemicals and fuel will not be stored on site. The hours of operation are 6:30 am to 6:30 pm,
Monday through Saturday. There will be 12 employees on site periodically to pick-up and drop-off
material, equipment and trucks. No fulltime employees will be located on site. Screening from residential
areas on the north, east and west is recommended by staff to mitigate visual impacts of the storage yard.
The site is currently in violation (ZCV17-00120) of Chapter 23 of the Weld County Code for not having the
necessary land use permits before operating a commercial business. This case has been forwarded to
the County Attorney's Office; therefore, an investigation fee is required.
If this application is approved by the Board of County Commissioners correct the outstanding violation. If
this application is denied, the Department of Planning Services will continue forward with legal action.
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:
USR17-0044 - Kempema I Page 2 of 9
A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other
applicable code provisions or ordinance in effect.
Section 22-2-20.G.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 subject site is an area which is already developed and the proposed use is
compatible with the surrounding properties. The property contains a residence which is
congruent with surrounding properties. Screening should include an opaque fence on the
north, east and west to reduce the commercial impact to the area. Productive agricultural
activities are not readily supported in this area because of the small lot size and mix of
residential and commercial uses.
Section 22-2-20.H. - A.Goal 8. States, "Ensure that adequate services and facilities are
currently available or reasonably obtainable to accommodate the requested new land use
change for more intensive development."
There is currently water and septic service provided to the property. The City of Greeley
provides water service to the property (Account # 063-770388-01). There is an existing
septic system, permit # G19919006, for the existing home (2770 East 18th Street) and is
sized for three bedrooms. No structures are proposed to be used for the business. The
business will be served by a portable toilet and bottled water will be provided for
employees when they are at the site.
B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A
(Agricultural) Zone District.
Section 23-3-10. -Intent, of the Weld County Code 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."
Section 23-3-40.S. - Uses by special review, of 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."
C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the
existing surrounding land uses.
The use and size of the other lots around the subject site are primarily residential and
parcels range between 0.5 and 40 acres in size. There is a large mix of property types
east of Greeley including Union Colony Subdivision lots, recorded exemption lots and
metes and bounds parcels. There are five residences within 200 feet of the subject lot.
The closest residence is approximately 10 feet from the subject property. The adjacent
lots are zoned Agricultural, however further to the west, there are a diverse mix of zone
districts including Agricultural, Residential, Commercial and Industrial, specifically, A, R-
1, R-3, C-1, C-2, C-3,1-1, and 1-2.
The proposed use will create an additional commercial impact to the neighborhood,
however proper screening, operation and drainage management will mitigate these
potential impacts. The business will complement the surrounding land uses and is not out
of character with this of the area of Weld County.
There are numerous Use by Special Review Permits issued within one mile of the site.
USR14-0023 for a mineral resource development facility is located approximately 0.3
U5R17-0044 - Kempema I Page 3 of 9
miles to the northwest. USR-832, USR-665 and USR16-0009, all for oil and gas
production facilities are located approximately 0.3, 0.6 and 0.7 miles to the southwest.
SUP -476 for trailer sales is located approximately 0.35 miles to the east. USR-938 for a
roping arena is located 0.4 miles to the northeast. AMSUP-345 for gravel mining is
located approximately 0.7 miles to the northwest. USR-926 for recreational vehicle
storage is located approximately 0.95 miles to the northwest.
The Weld County Department of Planning Services did not receive any responses from
surrounding property owners regarding the 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 three (3) mile referral area of the City of Evans, City of
Greeley, Town of Garden City and Town of Kersey. The Town of Garden City referral
response, dated September 5, 2017 indicated no concerns. No responses were received
from the City of Evans, City of Greeley or the Town of Kersey.
The site is located within the Kersey Coordinated Planning Agreement (CPA) area. The
Town of Kersey, responded via email that they did not have concerns with the proposal.
The site is not located in a Regional Urbanization Area (RUA) or Urban Growth Boundary
(UGB) of a municipality.
E. Section 23-2-220.A.5 -- The application complies with Chapter 23, Articles V and XI, of
the Weld County Code.
The site is located in the A -P (Airport) Overlay District and Airport Critical Flight Zone;
and the Greeley -Weld County Airport referral response, dated August 31, 2017 indicated
no concerns. The site is not located in a FEMA regulatory floodplain; but is in the 500 -
year floodplain. The site is not located in the Geologic Hazard Overlay or MS4 area.
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.A6 -- The applicant has demonstrated a diligent effort to conserve
prime agricultural land in the locational decision for the proposed use.
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:
USR17-0044 - Kempema I Page 4 of 9
1. Prior to recording the map:
A. An Improvements and Road Maintenance Agreement is required for offsite improvements
at this location. Road maintenance including, but not limited to dust control, damage repair,
specified haul routes and future traffic triggers for improvements will be included.
(Department of Public Works)
B. The Map shall be amended to delineate the following:
1. All sheets of the map shall be labeled USR17-0044 (Department of Planning Services)
2. The attached Development Standards. (Department of Planning Services)
3. The map shall be prepared in accordance with Section 23-2-260.D of the Weld
County Code. (Department of Planning Services)
4. Show and label the location and layout of the areas for the storage of trucks and
equipment. (Department of Planning Services)
5. Show and label the location of employee parking. Parking design shall adhere to
Chapter 23, Article IV, Division I and Appendices 23-A and 23-B of the Weld County
Code. (Department of Planning Services)
6. Show and label the landscaping and screening of the storage area from adjacent
residential parcels and Fern Avenue. (Department of Planning Services)
7. The applicant shall delineate on the map the trash collection areas. Section 23-3-
250.A.6. of the Weld County Code addresses the issue of trash collection areas.
(Department of Planning Services)
8. Show and label any lighting including the type and height, if applicable. (Department
of Planning Services)
9. Show and label the location of existing buildings. (Department of Planning Services)
10. 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)
11. Setback radiuses for existing oil and gas tank batteries and wellheads shall be
indicated on the map per the setback requirements of 23-3-50.E of the Weld County
Code. (Department of Planning Services)
12. Show and label all recorded easements and rights -of -way on the map by book and
page number or reception number. (Department of Planning Services)
13. The applicant shall show the drainage flow arrows. (Department of Planning Services
- Engineer)
14. Show and label the parking and traffic circulation flow arrows showing how the traffic
moves around the property. (Department of Planning Services - Engineer)
15. East 18th Street is a paved road and is designated on the Weld County Functional
Classification Map as a collector road which requires 80 feet of right-of-way at full
buildout. The applicant shall delineate on the site plan the future and existing right-of-
way. All setbacks shall be measured from the edge of future right-of-way. This road is
maintained by Weld County. (Department of Public Works)
USR17-0044 - Kempema I Page 5 of 9
16. Show and label the approved accesses (AP17-00474), and the appropriate turning
radii (60') on the site plan. (Department of Public Works)
17. Show and label the approved tracking control on the site plan. (Department of Public
Works)
18. 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)
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 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)
6. Prior to Construction:
A. If more than 1 acre is to be disturbed, a Weld County grading permit will be required prior to
the start of construction. (Department of Planning Services - Engineer)
B. The approved access and tracking control shall be constructed prior to on -site construction.
(Department of Public Works)
USR17-0044 - Kempema I Page 6 of 9
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Kyle D. Kempema
USR17-0044
1. A Site Specific Development Plan and Use by Special Review Permit, USR17-0044, 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 (commercial parking and storage of trucks, trailers and equipment for a gas
line installation 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. (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 6:30 a.m. to 6:30 p.m. Monday through Saturday. (Department of Planning
Services)
4. The number of employees accessing the site shall be twelve (12). (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. The property owner shall control noxious weeds on the site. (Department of Public Works)
8. 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)
9. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Department of Public Works)
10. The historical flow patterns and runoff amounts on the site will be maintained. (Department of
Planning Services - Engineer)
11. Weld County is not responsible for the maintenance of onsite drainage related features. (Department
of Planning Services -Engineer)
12. 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)
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, 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)
USR17-0044 - Kempema I Page 7 of 9
17. Adequate drinking, hand washing and toilet facilities shall be provided for employees, at all times.
For employees or contractors on site for less than 2 consecutive hours a day, and 2 or less full-time
employees on site, portable toilets and bottled water are acceptable. Records of maintenance and
proper disposal for portable toilets shall be retained on a quarterly basis and available for review by
the Weld County Department of Public Health and Environment. Portable toilets shall be serviced by
a cleaner licensed in Weld County and shall contain hand sanitizers. (Department of Public Health
and Environment)
18. Any septic system located on the property must comply with all provisions of the Weld County Code,
pertaining to On -site Wastewater Treatment Systems. (Department of Public Health and
Environment)
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. 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.
22. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code.
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 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.
USR17-0044 - Kempema I Page 8 of 9
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, 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.
USR17-0044 - Kempema I Page 9 of 9
January 22, 2018
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.co.weld.co.us
E-MAIL: mhall@weldgov.com
PHONE: (970) 353-6100, Ext. 3528
FAX: (970) 304-6498
KYLE D KEMPEMA
2770 E 18TH ST
GREELEY, CO 806319739
Subject: USR17-0044 - 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 (commercial parking and storage of trucks, trailers and equipment for a gas line
installation business - K.R. Swerdferger) 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.
On parcel(s) of land described as:
PART SW4SW4 SECTION 11, T5N, R65W OF THE 6TH P.M., WELD COUNTY, COLORADO.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on February 20, 2018, at 12:30
p.m. A subsequent hearing with the Board of County Commissioners will be held on March 7, 2018 at
10:00 a.m. Both hearings will be held in the Hearing Room, Weld County Administration Building, 1150
O Street, Greeley, Colorado. It is recommended that you and/or a representative be in attendance to
answer any questions the Planning Commission members or Board of County Commissioners may
have.
Colorado Revised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01-1088) requires notification of
all mineral estate owners 30 days prior to any public hearing. The applicant needs to provide the Weld
County Planning Department with written certification indicating the above requirement has been met.
A representative from the Department of Planning Services will be out to the property a minimum of ten
days prior to the hearing to post a sign adjacent to and visible from a publicly maintained road
right-of-way which identifies the hearing time, date, and location. In the event the property is not
adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent place
on the property and a second sign posted at the point at which the driveway (access drive) intersects a
publicly maintained road right-of-way.
The Department of Planning Services' staff will make a recommendation concerning this application to
the Weld County Planning Commission and will be included in the staff report one week prior to the
scheduled Planning Commission hearing. You may view the staff report at
www.weldcountyplanningcases.orq
If you have any questions concerning this matter, please call.
Respectffly,
Michael Hall
Planner
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.co.weld.co.us
E-MAIL: mhall@weldgov.com
PHONE: (970) 353-6100, Ext. 3528
FAX: (970) 304-6498
August 31, 2017
KYLE D KEMPEMA
2770 E 18TH ST
GREELEY, CO 806319739
Subject: USR17-0044 - 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 (commercial parking and storage of trucks, trailers and equipment for a gas line
installation business - K.R. Swerdferger) 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.
On parcel(s) of land described as:
PART SW4SW4 SECTION 11, 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,
Z.,"/7
Michael Hall
Planner
FIELD CHECK- REVISED
Inspection Date:
2/6/2018 &
3/19/2018
Case Number: USR17-0044
Applicant: Kyle D. Kempema
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 (commercial parking
and storage of trucks, trailers and equipment for a gas line installation
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
Description:
A parcel of land located in the SW4 of Section 11, T5N, R65W of the 6th
P.M., Weld County, CO
Location: South of and adjacent to east 18th Street; approximately 0.06 miles east
of Fern Avenue
Size of Parcel: +/- 5.04 acres
Parcel No. 0961-11-0-00-034
Zoning
Land Use
N
A (Agricultural)
N
Residential
E
A (Agricultural)
E
Residential
S
A (Agricultural)
S
Agriculture / Residential
W
A (Agricultural)
W
Agriculture / Residential
COMMENTS:
The site is long and narrow and extends south from East 18th Street. There is one access point
on the western edge of the property. There is one residence on the property. There are several
outbuildings and sheds. There are numerous vehicles and approximately 8 recreational
vehicles, horse trailers and one boat stored on site. According to the applicant, the sheds are
not a part of the proposed USR business and RVs are personal and all owned by family
members. The properties directly to the north and of the subject site are residential. The
properties directly to the south and west are agricultural with residences. There is an oil and gas
site including a tank battery to the east of the site. The radial setback for the O&G facility will
encroach on the subject property. A front loader, mini excavator, bobcat, mini road roller dump
truck were observed in the proposed business storage area. There was also a dumpster,
storage container, generator and porta-potty in this area. There were stacks of pipe in the
sto ragearea.
Michael Hall, Planner
k,' i1
FIELD CHECK
Inspection Date: 2/5/2018
Case Number: USR17-0044
Applicant: Kyle D. Kempema
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 (commercial parking
and storage of trucks, trailers and equipment for a gas line installation
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
Description:
A parcel of land located in the SW4 of Section 11, T5N, R65W of the 6th
P.M., Weld County, CO
Location: South of and adjacent to east 18th Street; approximately 0.06 miles east
of Fern Avenue
Size of Parcel: +/- 5.04 acres
Parcel No. 0961-11-0-00-034
Zoning
Land Use
N
A (Agricultural)
N
Residential
E
A (Agricultural)
E
Residential
S
A (Agricultural)
S
Agriculture / Residential
W
A (Agricultural)
W
Agriculture / Residential
COMMENTS:
The site is long and narrow and extends south from East 18th Street. There is one access point
on the western edge of the property. There is one residence on the property. There are several
outbuildings and sheds. There are numerous vehicles and approximately 8 recreational
vehicles, horse trailers and one boat stored on site. According to the applicant, the sheds are
not a part of the proposed USR business and RVs are personal and all owned by family
members. The properties directly to the north and of the subject site are residential. The
properties directly to the south and west are agricultural with residences. There is an oil and gas
site including a tank battery to the east of the site. The radial setback for the O&G facility will
encroach on the subject property. Only one front loader and mini excavator were observed in
the proposed business storage area. There was also a dumpster, storage container, generator
and rt -potty in this area. There were stacks of pipe in the storage area.
Michael Hall, Planner
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