HomeMy WebLinkAbout20181905.tiffPlanner:
LAND USE APPLICATION
SUMMARY SHEET
Michael Hall
Case Number: USR18-0005
Owner: Donald N. Wills dba Dynamic Drywall, Inc.
(9488 County Road 80, Severance, CO 80524)
Hearing Date: June 5, 2018
Representative: Wick & Trautwein, LLC c/o Kevin W. Ward, Esq.
(323 South College Avenue #3, Fort Collins, CO 80524)
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 (drywall business including the storage of equipment and
commercial vehicles) 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 of Recorded Exemption RE -4113, being a part of the NW4 of Section 22, T7N, R67W
Description: of the 6th P.M., Weld County, CO
Location: South of and adjacent to County Road 80; approximately 0.45 miles east of County Road 19
Size of Parcel: +/- 1.78 acres Parcel No. 0705-22-2-00-057
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 January 22, 2018
Y Weld County Department of Public Works, referral dated February 20, 2018
Y Weld County Department of Public Health and Environment, referral dated February 12, 2018
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
V V V V V
Town of Windsor, referral dated, January 23, 2018
Town of Severance, referral dated, January 31, 2018
Weld County Sheriff's Office, referral dated January 23, 2018
Weld County School District RE -4, referral dated January 25, 2018
West Greeley Conservation District, referral dated February 12, 2018
The Department of Planning Services' staff has not received responses from the following agencies:
▪ Town of Timnath
▪ North Weld County Water District
▪ Windsor/Severance Fire Protection District
▪ Weld County Department of Building Inspection
USR18-0005- Dynamic Drywall, Inc.
Page 1 of 10
Planner:
Michael Hall
Case Number: USR18-0005
Owner:
Representative:
Request:
Legal
Description:
Location:
Size of Parcel:
Case Summary:
SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
Donald N. Wills dba Dynamic Drywall, Inc.
(9488 County Road 80, Severance, CO 80524)
Hearing Date: June 5, 2018
Wick & Trautwein, LLC c/o Kevin W. Ward, Esq.
(323 South College Avenue #3, Fort Collins, CO 80524)
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 (drywall business including the storage of equipment and
commercial vehicles) 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.
Lot A of Recorded Exemption RE -4113, being a part of the NW4 of Section 22, T7N, R67W
of the 6th P.M., Weld County, CO
South of and adjacent to County Road 80; approximately 0.45 miles east of County Road 19
+/- 1.78 acres Parcel No. 0705-22-2-00-057
The applicant is requesting a Site Specific Development Plan and Use by Special Review Permit for
Dynamic Drywall, LLC which is owned and operated by Donald N. Wills. All business activities are located
within a fenced yard on the property which includes a gravel employee parking area and an existing 40' x
50' shop with a bathroom for the storage of equipment, materials and commercial vehicles and as an
employee meeting location. There is only one (1) residence on the property.
The proposed hours of operation are 7:00 am to 4:00 pm, Monday through Friday and 8:00 am to 12:00
pm on Saturday. Most of the business operations are conducted off -site. There are eight (8) commercial
vehicles on site including a texture truck, prime truck, two vans, and four company work trucks. There are
currently eight (8) employees which are on -site periodically to pick-up and drop-off material, equipment
and trucks. No fulltime employees will work on -site and no shift work is proposed. The business is not
open to the public. Water is provided by North Weld County Water District. A septic system serves the
residence and shop. No additional landscaping or screening is proposed or recommended by Planning
Staff as the business yard and shop are already fenced. There will be occasional washing of the vehicles
in the storage yard. There are no floor drains in the shop. No maintenance is proposed and waste
materials, chemicals and fuel will not be stored on site.
The site is currently in violation (ZCV17-00342) of Chapter 23 of the Weld County Code for not having the
necessary land use permits before operating a commercial business.
If this application is denied, the Department of Planning Services asks that the Board refer this case to
the County Attorney's Office for legal action, but to delay legal action for 30 (thirty) days to remove all but
one (1) commercial vehicle and all associated commercial storage and operations from the property.
USR18-0005- Dynamic Drywall, Inc.
Page 2 of 10
DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE
APPROVED FOR THE FOLLOWING REASONS:
1. The submitted materials are in compliance with the application requirements of Section 23-2-260
of the Weld County Code.
2. It is the opinion of the Department of Planning Services' staff that the applicant has shown
compliance with Section 23-2-220 of the Weld County Code as follows:
A. Section 23-2-220.A.1. -- The proposed use is consistent with Chapter 22 and any other
applicable code provisions or ordinance in effect.
Section 22-2-20.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.
Productive agricultural activities are not readily supported on this site because of the
small lot size. The proposed use is compatible with the surrounding properties as the
property contains a residence which is congruent with surrounding properties. The site is
located near several growing towns in western Weld County which can benefit from the
construction service that this business provides. Existing screening includes an opaque
wood fence around the business yard which mitigate the commercial impact to the area.
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 twelve (12) referral agencies. 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.
North Weld County Water District provides water service to the property via meter
number 4358 001 and per the letter dated January 4, 2018, they have no conflicts with
the USR request. There is an existing septic SP -1600159 on the site for the residence
and shop. The application states that an engineer review will be submitted for the
restroom located in the shop to ensure the septic system is large enough to
accommodate the business. Otherwise, a portable toilet and bottled water may be used
for employees who are on site for 2 consecutive hours or less and for 2 or less full-time
employees. The site is located within the Windsor/Severance Fire Protection District and
Weld RE -4 School District.
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."
USR18-0005- Dynamic Drywall, Inc.
Page 3 of 10
The proposed use is consistent with 23-3-10 as the use is more intense than a use by
right. Also, the use is allowed in the commercial and industrial zone districts and is not a
property within a subdivision. Based on this, the use may be permitted by a USR in the A
(Agricultural) zone district.
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 farmland and residences. The Weld County Department of
Planning Services sent notice to eight (8) surrounding property owners. No responses
were received back; one mail notice was undeliverable. Of the eight (8) surrounding
properties that were notified, six (6) have residences located on them. The closest
residence is approximately 140 feet to the east. Most of the adjacent lots are zoned A
(Agricultural). A 155 -acre lot, located 0.05 miles to the northeast, is zoned PUD (PZ-
1114, approved in 2007) for a 9 -lot subdivision, however no final plan was submitted.
There are no subdivisions within a mile of the site and most of the nearby lots have been
created by the recorded exemption process. The applicant does not own any other
contiguous land.
There are four (4) permitted USRs within one mile of this site. USR-1025 for a second
home is located 0.28 miles to the southeast. MUSR16-0001 for a solar array facility is
located 0.93 miles to the northwest. SUP -67 for a cattle feedlot is located 0.44 miles to
the south. CUP -17 for labor housing is location 0.94 to the northwest.
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.
This site is located within the three (3) mile referral area of the Town of Severance, Town
of Timnath and Town of Windsor. The Town of Severance and the Town of Windsor
referral responses, dated January 31 and January 23, 2018, indicated no concerns. No
responses were received from the Town of Timnath.
The site is located within the Severance and Windsor Coordinated Planning Agreement
(CPA) areas. As part of the pre -application process, Severance submitted a signed
Notice of Inquiry form that stated the applicant should consider annexation. Windsor
submitted a signed Notice of Inquiry form stating that they did not have annexation
interest. 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 property is not within the Geologic Hazard Overlay District, a Special Flood Hazard
Area or the Airport Overlay District.
Building Permits issued on the lot will be required to adhere to the fee structure of the
County -Wide Road Impact Fee Program.
Building Permits issued on the proposed lot will be required to adhere to the fee structure
of the County Facility Fee and Drainage Impact Fee Programs.
F. Section 23-2-220.A.6 -- The applicant has demonstrated a diligent effort to conserve
prime agricultural land in the locational decision for the proposed use.
The parcel is located on soils designated as "Prime (Irrigated) - Farmlands of National
Importance" per the 1979 Soil Conservation Service Important Farmlands of Weld County
USR18-0005- Dynamic Drywall, Inc.
Page 4 of 10
Map. However, the site is already developed and because it is only 1.78 acres, cannot
readily support farming.
G. Section 23-2-220.A.7 -- There is adequate provisions for the protection of the health,
safety, and welfare of the inhabitants of the neighborhood and County.
The Design Standards (Section 23-2-240, Weld County Code), Operation Standards
(Section 23-2-250, Weld County Code), Conditions of Approval and Development
Standards can ensure that there are adequate provisions for the protection of health,
safety, and welfare of the inhabitants of the neighborhood and County.
This recommendation is based, in part, upon a review of the application materials submitted by the
applicant, other relevant information regarding the request, and responses from referral entities.
The Department of Planning Services' staff recommendation for approval is conditional upon the following:
1. Prior to recording the map:
A. An Improvements and Road Maintenance Agreement is required for off -site improvements at
this location. Road maintenance including, but not limited to dust control, tracking control,
damage repair, specified haul routes and future traffic triggers for improvements will be
included. (Department of Public Works)
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 map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR18-0005. (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. (Department of Planning
Services)
5) If applicable, signs shall be shown on the map and shall adhere to Chapter 23, Article
IV, Division 2, Section 23-2-240.A.12 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. All lighting shall be shielded so that
light rays will not shine directly onto adjacent properties. (Department of Planning
Services)
7) The map shall delineate the location of the employee parking per Section 23-2-
240.A.6 of the Weld County Code. (Department of Planning Services)
8) The map shall delineate the existing screening and landscaping on the site.
(Department of Planning Services)
9)
County Road 80 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)
USR18-0005- Dynamic Drywall, Inc.
Page 5 of 10
10) Show and label the approved access locations, 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)
11) 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)
12) 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)
13) Show and label the parking and traffic circulation flow arrows showing how the traffic
moves around the property. (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. Prior to Construction:
A. If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required.
(Department of Public Works)
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)
USR18-0005- Dynamic Drywall, Inc.
Page 6 of 10
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Dynamic Drywall, Inc.
USR18-0005
1. 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 (drywall business- including the storage of equipment and commercial vehicles)
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 7:00 am to 4:00 pm, Monday through Friday and 8:00 am to 12:00 pm
on Saturday. (Department of Planning Services)
4. The number of employees shall be eight (8). (Department of Planning Services)
5. The screening around 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 off -site 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. 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)
11. The property owner shall comply with all requirements provided in the executed Improvements
Agreement. (Department of Public Works)
12. The historical flow patterns and runoff amounts on the site will be maintained. (Department of
Public Works)
13. Weld County is not responsible for the maintenance of onsite drainage related features.
(Department of Public Works)
14. 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)
15. 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)
USR18-0005- Dynamic Drywall, Inc.
Page 7 of 10
16. 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)
17. 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)
18. 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)
19. 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)
20. 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)
21. In the event the applicant intends to utilize the existing septic system, 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)
22. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
(Department of Public Health and Environment)
23. Any vehicle or equipment washing shall adhere to "Low Risk Discharge Guidance: Discharges
From Surface Cosmetic Power Washing Operations To Land July 2010" as provided by the State.
(Department of Public Health and Environment)
24. 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)
25. 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)
26. 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)
USR18-0005- Dynamic Drywall, Inc.
Page 8 of 10
27. 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.
28. 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.
29. 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.
30. 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.
31. 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
USR18-0005- Dynamic Drywall, Inc.
Page 9 of 10
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.
USR18-0005- Dynamic Drywall, Inc.
Page 10 of 10
April 23, 2018
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.weldgov.com
E-MAIL: mhall@weldgov.com
PHONE: (970) 400-3528
FAX: (970) 304-6498
WARD KEVIN
323 SOUTH COLLEGE AVE #3
FORT COLLINS, CO 80524
Subject: USR18-0005 - 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 (drywall business- including the storage of equipment and commercial vehicles)
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 NW4 SECTION 22. T7N, R67W LOT REC EXEMPT RE -4113 OF THE 6TH P.M., WELD
COUNTY, COLORADO.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on June 5, 2018, at 12:30 p.m.
A subsequent hearing with the Board of County Commissioners will be held on June 27, 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.
RespectWIly,
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
January 22, 2018
WARD KEVIN
323 SOUTH COLLEGE AVE #3
FORT COLLINS, CO 80524
Subject: USR18-0005 - 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 (drywall business- including the storage of equipment and commercial vehicles)
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 NW4 SECTION 22, T7N, R67W LOT A REC EXEMPT RE -4113 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:
Severance at Phone Number 970-686-1218
Windsor at Phone Number 970-674-2400
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,
Michael Hall
Planner
FIELD CHECK
Inspection Date: 5/24/2018
Case Number: USR18-0005
Applicant: Donald N. Wills dba Dynamic Drywall, Inc.
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 (drywall business
including the storage of equipment and commercial vehicles) 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:
Lot A of Recorded Exemption RE -4113, being a part of the NW4 of
Section 22, T7N, R67W of the 6th P.M., Weld County, CO
Location: South of and adjacent to County Road 80; approximately 0.45 miles east of
County Road 19
Size of Parcel: +/- 1.78 acres
Parcel No. 0705-22-2-00-057
Zoning
Land Use
N
A (Agricultural)
N
Agricultural / Residential
E
A (Agricultural)
E
Agricultural / Residential
S
A (Agricultural)
S
Agricultural / Residential
W
A (Agricultural)
W
Agricultural / Residential
COMMENTS:
The site is located south of CR 80 (gravel), directly west of a small access road. There is one
access to the site from CR 80, none from the access road to the west. There is one residence
on the site. There is one large outbuilding that is used for the business. The buildings and
landscaping on site are well maintained. There is an existing wood fence that screens the
business yard and back of the outbuilding where the business activities take place. There was
one commercial vehicle- work van- that was in the driveway. The properties directly to the north
and east of the subject site are residential. The property directly to the south and west are
agricultural.
L
Michael Hall, Planner
Hello