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Home My WebLink About20172783.tiffSITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW (USR) APPLICATION FOR PLANNING DEPARTMENT USE DATE RECEIVED: RECEIPT/ AMOUNT # 1 CASE # ASSIGNED: APPLICATION RECEIVED BY PLANNER ASSIGNED: Parcel Number: 096128000034 Legal Description: Pt NE4 NE4 Section 28, Township 5, Range 65 West of the 6th P.M., Weld County, Colorado Zone District: Agricultural Total Acreage: 3 acres Flood Plain: No Geological Hazard: No Airport Overlay District: No FEE OWNER(S) OF THE PROPERTY: Name: Jose and Alma Menjivar Work Phone#: 970-352-2917 Address: 25967 CR 43 Greeley, Co 80631 AUTHORIZED AGENT: Email Address: men] ivartreeservice@yahoc.com Name: heri Lockman, Lockman Land Consulting, LLC Phone#: 970-381-0526 Email Address: Address: 36509 CR 41 Eaton, CO 80615 sherilockman@what-wire.com PROPOSED USE: We are requesting a Use by Special Review to permit a fire wood and tree service business. I (We) hereby depose and state under penalties of perjury that all statements, proposals, and/or plans submitted with or contained within the application are true and correct to the best of my (our) knowledge. Signatures of all fee owners of property must sign this application, if an Authorized Agent signs, a letter of authorization from all fee owners must be included with the application. If a corporation is the fee owner, notarized evidence must be included indicating that the signatory has the legal authority to sign for the corporation. Jose Menjivar Date Date Alma Menjivar I Re COLORADO Sheri Lockman, Lockman Land Consulting, LLC represent Jose and Alma MenJivar (Agent/Applicant) (Owner) Pt NE N E Parcel Number 096128000034 I��t��i at DEPARTMENT OF PLANNING ERVI E'' 1555 N 17th AVE GREELEY, CO 80631 PHONE: (970) 353-6100, Ext. 3540 FAX: (970) 304-6498 AUTHORIZATION FORM for the property LEGAL DESCRIPTION: SEC 28 TWN RNG 65 SUBDIVISION NAME: I can be contacted at the following phone #`s: Home Work 970-381r0526 LOT BLK Fax # The property owner can be contacted at the following phone #'s Home Wo rk 970-352-2917 Pax Correspondence mailed to (only one) Agent/Applicant DATE OWNER'S SIGNATURE Property Owner DATE 0 3 •-• -r 47 - OWNER'S SIGNATURE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW (USR) QUESTIONNAIRE Planning Questions: 1. Explain, in detail, the proposed use of the property. The applicant is proposing a tree service and firewood business. Logs acquired through the tree service are brought to the property where they are cut and split into firewood. Branches are taken directly to a landfill. Wood chips and scrap wood created through the process are taken by dump truck to A-1 Organic for recycling.. No washing of trucks and equipment is carried out on the site. Minor maintenance such as an occasional oil change, or changing a break light may be completed on site. Major maintenance and tire repair or replacement would be done at a dealership. Explain how this proposal is consistent with the intent of the Weld County Code, chapter 22 of the Comprehensive Plan. The proposal is consistent with following sections of the Weld County Comprehensive Plan: A.Policy 7.2. 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. Explain how this proposal is consistent with the intent of the Weld County Code, Chapter 23 (Zoning) and the zone district in which it is located. Section 23-S allows for 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, to be located in the agricultural district upon approval of a Use by Special Review permit. 4. What type of uses surround the site? Explain how the proposed use is consistent and compatible with surrounding land uses. The properties to the north, south and east are agricultural in nature. The property to the north has two single family residences. The property to the east has one single family residence, Directly south of the site is vacant farm ground with a residence over 450 from the property line. A welding shop is run from the property to the west which is zoned 1-3. The applicants invited the neighbors within 500 feet of the property to a neighborhood meeting to discuss the proposed business. No neighbors attended. The invitation to the meeting along with four letters received in response are attached to this submittal. 5 What are the hours and days of operation? Typical hours of operation are 7 a.m. to 6 p.m. Monday thru Friday and 8 a.m. to 4 p.m, on Saturday. In an emergency work may extend past typical operating hours, 6. List the number of full time and/or part time employees proposed to work at this site. Eventually up 20 full time employees could work from the site. 7. If shift work is proposed include the number of employees per shift. Not applicable 8 List the number of people who will use this site. Include contractors, truck drivers, customers, volunteers, etc. Number of people who will use this site. Up to 20 employees will be on -site along with the owners' family and the occasional customer picking up firewood. Customers can pick up fire wood by appointment only. If this is a dairy, livestock confinement operation, kennel, etc., list the number and type of animals. Not applicable 10 Describe the type of lot surface and the square footage of each type. (e.g, asphalt, gravel, landscaping, dirt, grass, buildings) Approximately 2250 sq. ft. of new gravel has been spread along the accesses to avoid tracking onto County roadways. The remainder of the lot is approximately 8,500 sq. ft. in buildings, 49,200 sq. ft. of grass, 11,534 sp.ft. in county roads, 54,200 sq. ft. of dirt and 5,000 sq.ft, of existing gravel. 11 _ How many parking spaces are proposed? How many handicapped (ADA) parking spaces are proposed? No designated parking is being proposed. All parking of trucks and equipment associated with the business will be behind the 6 foot vinyl privacy fence. If required, ADA parking spaces will be established at the time the future building is constructed. 12. Explain the existing and proposed landscaping for the site. No additional landscaping is being proposed. The existing vinyl fence and trees adequately screen the business. 13. Describe the type of fence proposed for the site A 6' chain link fence with green vinyl slats surrounds the work area, 14. Describe the proposed screening for all parking and outdoor storage areas. If the site is located in a floodplain outdoor storage is restricted. A 6' chain link fence with green vinyl slats surrounds the work area. The residence and a row of deciduous trees further screen the work area on the eastern side of the property 15, Explain any proposed reclamation procedures when termination of the Use by Special Review activity occurs. No reclamation would be required. 16. Who will provide fire protection to the site. The LaSalle Fire Protection District will provide service to this site. 17. Please list all proposed on -site and off -site improvements associated with the use (example: landscaping, fencing, drainage, turn lanes, etc.) and a time line of when you will have each one of the improvements completed. Engineering questions: 1. Describe how many round tripslday are expected for each vehicle type. Currently the business consists of 3 boom trucks, 2 grapple trucks, 2 chipper/dump trucks, 1 dump trucks and 2 pickup trucks. All trucks combined, 20 round trips are expected per day Monday thru Saturday. 2 Describe the expected travel routes for site traffic. Traffic to and from the site is from County Road 64 via County Road 43. 3 Describe the travel distribution along the routes. Approximately 75% of the traffic is from Greeley to the west along County Road 54. The remaining 25% is from the east along County Road 54. 4. Describe the time of day that you expect the highest traffic volumes from above. Peak traffic will be when employees leave the site in the morning, 7:00 to 7:30 a.m., and when they return at the end of the work day, 4:00 to 5:00 p.m. 5. Describe where the access to the site is planned. The business will utilize the existing access from County Road 43. 6. Drainage Design. The applicant is requesting an exception to storm water detention requirements. The site is eligible for exception F, 1.a.13, Which states "A parcel greater than 1 gross acre and less than, or equal to, 5 gross acres in size is allowed a onetime exception for a new 11000 sq ft building or equivalent imperviousness." The applicant is proposing to remove 2-3,000 sq ft buildings and build one building that is no larger than 61000 sq ft. Thus, there will be no change in imperviousness on the site. Water flows from the south across the property to the ditch along County Road 54. Environmental Health questions 1. What is the drinking water source on the property? Central Weld County Water District currently services the site. Employees are supplied with bottled water is supplied to the. A letter from Central Weld County Water District is attached to this submittal. 2. What type of sewage disposal system is on the property? A port -a -let will service the site until a bathroom is constructed within the future building. An application has been submitted to the Weld County Department of Health and Environment for the review of the existing septic which serves the residence. 3. If storage or warehousing is proposed, what type of items will be stored? Logs and a small amount of wood chips are stored on -site. The logs remain until sold. The scrap and wood chips are taken to A-1 Organic by dump truck for recycling daily. 4. Describe where and how storage and/or stockpile of wastes, chemicals, and/or petroleum will occur on this site. Three 5 -gallon gas cans and one box of motor oil are kept on site to fill chain saws and splitters. Both are stored within the garage. The used oil is disposed of at the Weld County Household Waste site. Tires are replaced and disposed of at a licensed tire dealership. 5, If there will be fuel storage on site indicate the gallons and the secondary containment. State the number of tanks and gallons per tank. Three 5 -gallon gas cans are kept on site to fill chain saws and splitters. 6. If there will be washing of vehicles or equipment on site indicate how the wash water will be contained. There will be no washing of vehicles on the site. 7 If there will be floor drains indicate how the fluids will be contained. No floor drains are being proposed in the future building. 8. Indicate if there will be any air emissions. (e.g. painting, oil storage, etc.) Not applicable. 9. Provide a design and operations plan if applicable. (e.g. composting, landfills, etc.) Not applicable. 10. Provide a nuisance management plan if applicable. (e.g. dairies, feedlots, etc.) Not applicable. Building questions 1. List the type, size (square footage), and number of existing and proposed structures. how and label all existing and proposed structures on the USR drawing. Label the use of the building and the square footage. The buildings on site consist of the following: Residence Garage/temporary meeting room Shed (not associated with the business) Shed (not associated with the business) Proposed building with a maximum size of 6,000 sq. ft. will be constructed at a later date. When this building is constructed the two 3,000 sq.ft. sheds will be removed. 1,564 sq. ft. 936 sq.ft. ft. 3,000 sq. ft. 3,000 sq. ft. 2 Explain how the existing structures will be used for this USR? The Garage is being used as a meeting room temporarily until the larger building is constructed 3 List the proposed use(s) of each structure. The only structures associated with the business are the garage, the residence and the future building. The garage is being used temporarily as a meeting room. The residence has one room that is used as an office. The new building will include a maintenance area for equipment and a rest room facility for the employees. COPY January 19, 2017 Menjivar Tree Service, Inc Jose Menjivar 25967 WCR 43 Greeley, Co 80631 970-352-2917 Dear Mr. Larry Magnuson: I am the owner -operator of Menjivar Tree Service, Inc, Jose Menjivar. We are located at the corner of WCR 43 and East 37th Street. We do tree removal along with tree trimming. I recently found out that I have to commercialize my property to operate my business from it so I am going through the process of converting my property into a commercial location. I am holding a meeting to inform my surrounding neighbors of what my company does for work and meet certain criteria required for the process. I would like your input to find out if you are opposed to this change or if it would be okay with my neighbors. Your attendance is not a requirement but your input would be kindly appreciated. If you cannot attend, even a short letter stating your opinion would be great. Thank you for your time. The date for the meeting will be Thursday, February 3, 2017 at 6:30pm. Best Regards, Jose Menjivar- Owner -Operator February 1, 2017 For whom it concerns: I, Stephen E. Mokray and my wife Bertha M. Mokray reside at 25970 Weld County Road #43 and are neighbors to the Menjivar family who live across the road from us. They are a hard working family who keep their property well maintained and take great pride in being part of our neighborhood. Mr. Jose Menjivar is the owner of his tree service business who we have employed on several occassions to work on our trees. He and his employees do a great job and take lots of pride in their tree servivce work. In my recent conversation with Mr. Menjovar, he informed me that the county planning department has contacted him. They contend that since he using his business in a residental zone he is now required to apply for a change of use and have his property rezoned for commerical use. Mr. Menjivar told me he is wants to do everything right to satisify all the county requirements and is beginning to take action. Given the above information, both Bertha and Stephen E. Mokray, are in total agreement in Mr. Menjivar's changing his current property zone from residental to commerical. Stepl"ien E. Mokray 'Bertha M. Mokray Larry and Chris Magnuson 20909 County Road. 54 Greeley, CO 80631 February 3, 2017 Menjivar Tree Service, Inc, Jose Menjivar 25967 County Road 43 Greeley, CO 80631 Dear Mr. Menjivar: We have no objections to a rezoning of your property to Commercial. Thank you for your interest in our opinion. Sincerely yours, Larry Magnuson Chris Magnuson February 20, 1017 Weld County Government Zoning Department To Whom It May Concern: Our neighbor, Jose Menj ivar, has contacted us regarding the rezoning of his property from residential to commercial so that he can continue to operate his business "Menjivar ivar Tree Service" from his property. We have no objections to the rezoning of his property but have requested that he not allow mulch and tree trash to build up on his property. Please contact us at 970-339-3000 if you need any er infcarniatio from y ice' et? Daryl and Ja aietag ?IOC/ -fr de _sae tufasoiber 4peeseeas a Led , dassgailida3/4i A Wieateuiiiest r. eve ■ . y { _ eancLoefrepiLlase.Laadratiateivi_e gesHereersicit cl70 anw err -42,4" Weld County Public Works Dept. 1111 H Street P.O. Box 758 Greeley, CO 80632 Phone: (970)304-6496 Fax: (970)304-6497 Applicant Name Sheri Lockman Company Lockman Land Consulting, LLC Address 36509 CR 41 City Eaton State CO Zip 60615 ACCESS PERMIT APPLICATION FORM Property Owner (If different than Applicant) Name Jose and Alma Menjivar Address 25967 CR 43 City Greeley Phone 970-352-2917 Business Phone (970) 381-0526 Fax Fax E-mail sherilockman@what-wireim Parcel Location & Sketch The access is on WCR 43 Nearest Intersection: WCR 43 & WCR 54 Distance from Intersection 100' south of CR 54 Parcel Number 096128000034 Section/Township/Range 28-5 - 65 is there an existing access to the property? YES Number of Existing Accesses 2 Road Surface Type & Construction Information Asphalt Gravel Treated Other Culvert Size & Type Materials used to construct Access Construction Start Date Finish Date Temporary (Tracking Pad Required)/ $75 og Small Commercial or Oil & Gas/$75 o Field (Agriculture Only)/Exempt State CO zip 80631 E-mail menjivartreeservice@yahco.com = Existing Access A- Proposed Access T N a U 3 WCR 54 WCR 52 ❑ Single ResidentiaiJ$75 a Large Commercial/$150 is this access associated with a Planning Process? ❑ No Required Attached Documents Traffic Control Plan -Certificate of Insurance USR GRE co Q Industrial/$150 n Subdivision/$150 ❑PUD ❑Other - Access Pictures (From the Left, Right, & into the access) By accepting this permit, the undersigned Applicant, under penalty of perjury, verifies that they have received all pages of the permit application; they have read and understand all of the permit requirements and provisions set forth on all pages; that they have the authority to sign for and bind the Applicant, if the Applicant is a corporation or other entity; and that by virtue of their signature the Applicant is bound by and agrees to comply with all said permit requirements and provisions, all Weld County ordinances, and state laws regarding facilities construction. c eSe, Signature P rant Nari� ,'• late ZIP'"? Approval or Denial will be issued in minimum of 5 days. Approved by Renfie8A nno �f'7afit] North access Looking south Looking north at the access and intersection of CR 3 and CR 54 into the property. +-a to a) O) C a O O J Looking east South access Looking south Looking north to 03 C O O J Kim and Lauren, I spoke to Alma Menjivar about your concerns. She indicated that they are currently taking bids to construct the building which would include the restrooms for the employees. They are hoping to begin construction immediately upon approval. Usually the employees are only on the site for approximately 45 minutes first thing in the morning. They return at the end of the day and are on -site long enough to park equipment and retrieve their vehicles. She also said that they do not cut or chip wood on the site. They do split the wood on -site. Noise created from splitting wood will fall within the Commercial noise limits. Sheri Lockman Lockman Land Consulting, LLC 36509 CR 41 Eaton, CO 80615 970-381-0526 - kogle@co.weld.co.us wrote: From: Kim Ogle <kogle@co.weld.co.us> To: "sherilockman@what-wire.com" <sherilockman@what-wire.com> Subject: 7 -day in for PRE16-0274 MENJIVAR Date: Wed, 29 Mar 2017 17:09:22 +0000 Sheri Please see the comments form EHS - Lauren Thanks Kim Ogle Planner Department of Planning 1555 North 17th Avenue Greeley, Colorado 80631 Direct: 970.400.3549 Office: 970.353.6100 x 3540 Facsimile: 970.304.6498 From: Lauren Light Sent: Wednesday, March 29, 2017 9:27 AM To: Kim Ogle <kogle(aco.weld.co.us> Subject: RE: 7 -day in for PRE16-0274 MENJIVAR Accela keeps kicking me out so here are my comments. I remember putting these in before and I think I told you accela was acting up. I denied due to: when will restrooms for employees be installed? how many employees are on site and for how long? is any wood cut or chipped on site? if so, how will noise be addressed? Lauren Light, M.B.S. Program Manager/Environmental Planner, Environmental Health Services Weld County Department of Public Health & Environment 1555 N. 17th Ave. Greeley, CO 80631 Il iq ht©weldgov.com 970-400-2211 (office) From: Kim Ogle Sent: Monday, March 27, 2017 6:59 AM To: Lauren Light <Ilight@co.weld.co.us>; Hayley Balzano <hbalzano@co.weld.co.us> Subject: 7 -day in for PRE16-0274 MENJIVAR Lauren and Hayley The application for Menjivar is in for the 7 -day review. Attached are the documents Thanks Kim Hello