HomeMy WebLinkAbout20173803.tiffLAND USE APPLICATION
SUMMARY SHEET
Planner: Kim Ogle Hearing Date: November 7, 2017
Case Number: USR17-0041
Applicant: Carroll Excavation & Repair, Inc., c/o Matthew and Carrie Carroll
Request: A Site Specific Development Plan and Use by Special Review Permit, USR17-0041, 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, (Carroll Excavation and Repair Inc.)
provided that the property is not a Lot in an approved or recorded subdivision plat or
lots parts of a map or plan filed prior to adoption of any regulations controlling
subdivisions in the A (Agriculture) Zone District.
Legal
Description:
Location: South of and adjacent to County Road 80: Approximately 570 feet East of County Road
35
Size of Parcel: +/- 2.91 acres Parcel No. 0707-24-0-00-026
The criterion 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:
Part of the NW4 of Section 24, T7N, R66W of the 6th P.M., Weld County, CO
➢ Weld County Department of Public Health and Environment, referral dated August 29, 2017
y Weld County Department of Public Works, referral dated September 5, 2017
y Weld County Department of Planning Services - Engineering, referral dated September 11, 2017
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
Weld County Zoning Compliance, referral dated August 10, 2017
Weld County Sheriff's Office, referral dated August 11, 2017
The Department of Planning Services' staff has not received responses from the following agencies:
81 81 81 81 V V V V V
Town of Ault
Town of Eaton
Eaton Ditch Company
PDC Energy Corporation
Ault Fire Protection District
Colorado Parks and Wildlife
North Weld County Water District
Weld County Department of Building Inspection
Weld County Department of Public Works - Access
Colorado Department of Transportation
USR17-0041, Carroll Excavating and Repair Inc., Page 1 of 10
SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
Planner: Kim Ogle Hearing Date: November 7, 2017
Case Number: USR17-0041
Applicant: Carroll Excavation & Repair, Inc., c/o Matthew and Carrie Carroll
Request: A Site Specific Development Plan and Use by Special Review Permit, USR17-0041, 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, (Carroll Excavation and Repair Inc.)
provided that the property is not a Lot in an approved or recorded subdivision plat or
lots parts of a map or plan filed prior to adoption of any regulations controlling
subdivisions in the A (Agriculture) Zone District.
Legal
Description:
Location: South of and adjacent to County Road 80: Approximately 570 feet East of County Road
35
Size of Parcel: +/- 2.91 acres Parcel No. 0707-24-0-00-026
Case Summary:
Part of the NW4 of Section 24, T7N, R66W of the 6th P.M., Weld County, CO
Carroll Excavation & Repair, Inc. seeks to permit their business at this location. The site will be used to
park and stage vehicles and equipment, and will also have temporary storage of material associated with
the business when not at the job site. The existing metal framed building will be used for the storage of
job materials and equipment, provide an area for minor maintenance and repair of equipment and will
provide a meeting area for employees before and after work. The company employs 3 people who will
arrive at the site and leave with tools and equipment for the day's job with the a number of employees
growing to 10 in the future as the business grows. The hours of operation are 7:00 AM to 5:00 PM
Monday through Friday.
There is active Zoning Violation (ZCV17-00098) on the property, initiated due to the storage and parking
of Commercial Vehicles, equipment and/or supplies without first completing the necessary Weld County
Zoning Permits.
If this application is approved by the Board of County Commissioners, the Conditions of Approval met and
the USR map recorded, these actions will correct this outstanding violation. If this application is denied,
staff is requesting that the Board of County Commissioners refer this case to the County Attorney's Office
to proceed with legal, but to delay legal action for thirty (30) days to allow the applicant time to remove the
commercial business and all associated storage associated with the business from the property
DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE
APPROVED FOR THE FOLLOWING REASONS:
1. The submitted materials are in compliance with the application requirements of Section 23-2-260 of
the Weld County Code.
2. It is the opinion of the Department of Planning Services' staff that the applicant has shown
compliance with Section 23-2-220 of the Weld County Code as follows:
USR17-0041, Carroll Excavating and Repair Inc., Page 2 of 10
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 22-2-100.A. C.Goal 1. States "Promote the location of commercial uses within
municipalities, County Urban Growth Boundary areas, Intergovernmental Agreement urban
growth areas, growth management areas as defined in municipal comprehensive plans, the
Regional Urbanization Areas, Urban Development Nodes or where adequate services are
currently available or reasonably obtainable."
The property is located within the current Inter -governmental Agreement Area for the Town of
Ault. The Town in their Notice of Inquiry undated referral stated "No conflicts with the Town of
Ault."
Section 22-2-20. G.2. A.Policy 7.2 states "Conversion of agricultural/and 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 land that Carroll Excavation & Repair, Inc is proposing to utilize is located on non -irrigated
agricultural land within one-half mile of the Town of Ault. The proposed construction business is
located near the State Highway 85 corridor. There are two residences located adjacent to the
property, one to the east and one to the west. To the north are irrigated agricultural lands and
south across the Eaton Ditch are irrigated agricultural lands. Planning staff will be requiring
screening for the outdoor storage component associated with this use. Conditions of approval
and the development standards associated with this facility will ensure that the proposed use is
compatible with the vicinity and region.
B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A (Agricultural) Zone
District.
Section 23-3-40.S provides 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 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.
Surrounding land uses are predominately large tract agricultural properties to the north of County
Road 80 and to the south of the Eaton Ditch, south of County Road 80. Smaller agricultural
zoned lands with residences are located to the east and west and the Eaton Ditch borders the
property to the south. Staff has received several inquiries from surrounding property owners, and
one open records request concerning this land use application. The Conditions of Approval
require a Final Drainage Report and Certification of Compliance stamped and signed by a
Professional Engineer registered in the State of Colorado; screening of the outdoor storage and
the Development Standards will address the on -site lighting.
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 Town of Ault. As previously stated
the Town had no conflicts with the proposal.
USR17-0041, Carroll Excavating and Repair Inc., Page 3 of 10
E. Section 23-2-220.A.5 -- The application complies with Chapter 23, Article V, of the Weld County
Code. The property is not within the Geologic Hazard Overlay District, the Flood Hazard Overlay
District or the Airport Overlay District. The site is within the County -Wide Road Impact Fee Area
and the Capital Expansion Impact Fee areas.
Building Permits issued on the lot will be required to adhere to the fee structure of the County -
Wide Road Impact Fee, County Facility Fee and Drainage Impact Fee Programs.
F. Section 23-2-220.A.6 -- The applicant has demonstrated a diligent effort to conserve prime
agricultural land in the locational decision for the proposed use.
The proposed facility is located on approximately 2.91 acres of "Prime farmland," per the 1979
Soil Conservation Service Important Farmlands of Weld County Map. The property historically
has had a residence that was destroyed by fire and the metal skinned storage building.
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. 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 Planning Services -
Engineer)
B. An Improvements and Road Maintenance Agreement is required for offsite improvements at this
location. Road maintenance including, but not limited to dust control, damage repair, specified
haul routes and future traffic triggers for improvements will be included. (Department of Public
Works)
C. The map shall be amended to delineate the following:
1. All sheets of the Map shall be labeled USR17-0041 (Department of Planning
Services)
2. The attached Development Standards. (Department of Planning Services)
3. The Map shall be prepared in accordance with Section 23-2-260.D of the Weld
County Code. (Department of Planning Services)
4. The applicant shall delineate the trash collection areas. Section 23-3-350.H of the
Weld County Code addresses the issue of trash collection areas. (Department of
Planning Services)
5. The parking and outdoor storage shall be screened from public rights -of -way and
adjacent property. (Department of Planning Services)
USR17-0041, Carroll Excavating and Repair Inc., Page 4 of 10
6. The proposed on -site lighting shall be shown on the map in accordance with Section
23-3-250.B.6 of the Weld County Code. (Department of Planning Services)
7. County Road 80 is a gravel road and is designated on the Weld County Road
Classification Plan as a local road, which requires 60 feet of right-of-way at full
buildout. The applicant shall delineate on the map the future and existing right-of-
way. If the existing right of way cannot be verified it shall be dedicated. All setbacks
shall be measured from the edge of right-of-way. This road is maintained by Weld
County. (Department of Public Works)
8. Show and label the approved access(es) (APXX-XXXXX), and the appropriate
turning radii (60') on the site plan. (Department of Public Works)
9. Show and label the entrance gate if applicable. An access approach that is gated
shall be designed so that the longest vehicle (including trailers) using the access can
completely clear the traveled way when the gate is closed. In no event, shall the
distance from the gate to the edge of the traveled surface be less than 35 feet.
(Department of Public Works)
10. The applicant shall show and label the accepted drainage features and drainage flow
arrows. Water quality features or stormwater ponds should be labeled as "Water
Quality Feature/Stormwater Detention, No -Build or Storage Area" and shall include
the calculated volume. (Department of Planning Services -Engineer)
11. Show and label the 10 employee parking spaces with wheel stops on the map.
Identify parking areas for the company trucks, trailers, forms, pipe and equipment.
(Department of Planning Services)
2. Upon completion of Condition of Approval #1 above, the applicant shall submit one (1) paper
copy or one (1) electronic copy (.pdf) of the Map for preliminary approval to the Weld County
Department of Planning Services. Upon approval of the Map the applicant shall submit a Mylar
Map along with all other documentation required as Conditions of Approval. The Mylar Map shall
be recorded in the office of the Weld County Clerk and Recorder by the Department of Planning
Services. The Map shall be prepared in accordance with the requirements of Section 23-2-260.D
of the Weld County Code. The Mylar Map and additional requirements shall be submitted within
one hundred twenty (120) days from the date of the Board of County Commissioners Resolution.
The applicant shall be responsible for paying the recording fee. (Department of Planning
Services)
3. In accordance with Weld County Code Ordinance #2012-3, approved April 30, 2012, should the
Map not be recorded within the required one hundred twenty (120) days from the date of the
Board of County Commissioners Resolution, a $50.00 recording continuance charge shall added
for each additional three (3) month period. (Department of Planning Services)
4. The Department of Planning Services respectfully requests a digital copy of this Use by Special
Review, as appropriate. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation);
acceptable GIS formats are ArcView shapefiles or ArcGIS Personal GeoDataBase (MDB).. The
preferred format for Images is .tif (Group 4). (Group 6 is not acceptable). This digital file may be
senttomaps@co.weld.co.us. (Department of Planning Services)
5. Prior to Construction:
A. The approved access and tracking control shall be constructed prior to on -site
construction. (Department of Planning Services)
B. If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be
required. (Department of Planning Services -Engineer)
USR17-0041, Carroll Excavating and Repair Inc., Page 5 of 10
6. 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)
USR17-0041, Carroll Excavating and Repair Inc., Page 6 of 10
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Carroll Excavating & Repair, Inc.
USR17-0041
1. A Site Specific Development Plan and Use by Special Review Permit, USR17-0041, 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, (Carroll Excavation and Repair Inc.) provided that the property is not a Lot in
an approved or recorded subdivision plat or lots parts of a map or plan filed prior to adoption of any
regulations controlling subdivisions in the A (Agriculture) 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 a.m. - 5:00 p.m. Monday - Friday. (Department of Planning
Services)
4. The existing parking and screening on the site shall be maintained. (Department of Planning
Services)
5. The number of employees shall be limited to ten (10). Department of Planning Services)
6. 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)
7. 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)
8. 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)
9. 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)
10. 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)
11. This facility shall adhere to the maximum permissible noise levels allowed in the Non -Specified Zone
as delineated in 25-12-103 C.R.S. (Department of Public Health and Environment)
12. Adequate drinking, hand washing and toilet facilities shall be provided for employees and patrons of
the facility, at all times. For employees or contractors on site for less than 2 consecutive hours a day,
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)
USR17-0041, Carroll Excavating and Repair Inc., Page 7 of 10
13. Any septic system or holding tank 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)
14. In the event the applicant intends to utilize the existing septic system at the home, 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)
A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
(Department of Public Health and Environment)
15. 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)
16. Process wastewater (such as floor drain wastes) shall be captured in a watertight vault and hauled off
for proper disposal. Records of installation, maintenance, and proper disposal shall be retained.
(Department of Public Health and Environment)
17. 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)
18. 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)
19. The property owner shall control noxious weeds on the site. (Department of Public Works)
20. 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)
21. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Department of Public Works)
22. The historical flow patterns and runoff amounts will be maintained on the site. (Planning -Engineering)
23. Weld County is not responsible for the maintenance of onsite drainage related features. (Planning -
Engineering)
24. Building permits may be required, per Section 29-3-10 of the Weld County Code. Currently, the
following have been adopted by Weld County: 2012 International Codes, 2006 International Energy
Code, and 2014 National Electrical Code. A Building Permit Application must be completed and two
(2) complete sets of engineered plans bearing the wet stamp of a Colorado registered architect or
engineer must be submitted for review. A Geotechnical Engineering Report performed by a Colorado
registered engineer shall be required or an Open Hole Inspection. (Department of Building Inspection)
25. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code.
USR17-0041, Carroll Excavating and Repair Inc., Page 8 of 10
26. 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.
27. 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.
28. 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.
29. 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
30. 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.
USR17-0041, Carroll Excavating and Repair Inc., Page 9 of 10
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.
USR17-0041, Carroll Excavating and Repair Inc., Page 10 0110
October 6, 2017
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.co.weld.co.us
E-MAIL: kogle@weldgov.com
PHONE: (970) 353-6100, Ext. 3549
FAX: (970) 304-6498
CARROLL MATTHEW E
38754 COUNTY ROAD 65
GALETON, CO 806229615
Subject: USR17-0041 - A Site Specific Development Plan and Use by Special Review Permit for any use
permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the commercial or
industrial zone districts, (Carroll Excavation and Repair Inc.) provided that the property is not a Lot in an
approved or recorded subdivision plat or lots parts of a map or plan filed prior to adoption of any
regulations controlling subdivisions in the A (Agriculture) Zone District.
On parcel(s) of land described as:
PART NW4 SECTION 24, T7N, R66W OF THE 6TH P.M., WELD COUNTY, COLORADO.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on November 7, 2017, at 12:30
p.m. A subsequent hearing with the Board of County Commissioners will be held on November 22,
2017 at 10:00 a.m. Both hearings will be held in the Hearing Room, Weld County Administration
Building, 1150 O Street, Greeley, Colorado. It is recommended that you and/or a representative be in
attendance to answer any questions the Planning Commission members or Board of County
Commissioners may have.
Colorado Revised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01-1088) requires notification of
all mineral estate owners 30 days prior to any public hearing. The applicant needs to provide the Weld
County Planning Department with written certification indicating the above requirement has been met.
A representative from the Department of Planning Services will be out to the property a minimum of ten
days prior to the hearing to post a sign adjacent to and visible from a publicly maintained road
right-of-way which identifies the hearing time, date, and location. In the event the property is not
adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent place
on the property and a second sign posted at the point at which the driveway (access drive) intersects a
publicly maintained road right-of-way.
The Department of Planning Services' staff will make a recommendation concerning this application to
the Weld County Planning Commission and will be included in the staff report one week prior to the
scheduled Planning Commission hearing. You may view the staff report at
www.weldcountyplanningcases.orq
If you have any questions concerning this matter, please call.
Respectfully,
Kim Ogl
Planner
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.co.weld.co.us
E-MAIL: kogle@weldgov.com
PHONE: (970) 353-6100, Ext. 3549
FAX: (970) 304-6498
August 09, 2017
CARROLL MATTHEW E
38754 COUNTY ROAD 65
GALETON, CO 806229615
Subject: USR17-0041 - A Site Specific Development Plan and Use by Special Review Permit for any use
permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the commercial or
Industrial Zone Districts, (Carroll Excavation and Repair Inc.) provided that the property is not a Lot in an
approved or recorded subdivision plat or lots parts of a map or plan filed prior to adoption of any
regulations controlling subdivisions in the A (Agriculture) Zone District.
On parcel(s) of land described as:
PART NW4 SECTION 24, T7N, R66W 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:
Ault at Phone Number 970-834-2844
Eaton at Phone Number 970-454-3338
It is recommended that you contact the listed Planning Departments for information regarding their
process and to answer any questions that might arise with respect to your application.
If you have any questions concerning this matter, please call.
Respectfully,
Kim Og
Planner
August 7, 2017
DEPARTMENT OF PLANNING SERVICES
PLANNING DIVISION
1555 N. 17T" AVENUE
GREELEY, CO 80631
970-400-3549
FAX 970-304-6498
kogle@webov.com
Matthew and Carrie Carroll
38754 County Road 65
Galeton, Colorado 80622
Subject: 7 -day Completeness Review for Carroll Excavation & Repair, Inc.
Dear Matthew and Carrie:
The Departments of County Planning — Development Review Engineer, Building Inspection,
Environmental Health and Planning Services have reviewed the submitted materials for the proposed
Carroll Excavation Company storage and staging area, located on land described as Lot A RE -5043
being part of the NW4 in Section 24, Township 7 North, Range 66 West of the 6th P.M., County of Weld,
State of Colorado.
Thank you for your complete application submittal on Friday June 9, 2017. Comments concerning this land
use application are as follows:
Building Inspection: No comments at this juncture.
The contact for this land use application will be Jose Gonzales with Building Inspection, 970.400.3533.
The Environmental Health Department reviewed the application for completeness and has determined
there is t sufficient documentation to proceed with the application.
The contact for this land use application will be Lauren Light with Environmental Health, 970.400.2211.
County Planning — Development Review Engineer has reviewed the 7 -Day Completeness Review and finds
that there is adequate information to review this submittal.
The contact for this land use application will be Hayley Balzano who may be reached at 970.400.3552.
The Department of Planning Services has reviewed the submitted materials for the Carroll Excavation
Company storage and staging area application and have the following comments:
1. The property under review for the Special Use Permit (USR) is located within the Ault
Intergovernmental Agreement (IGA). Paperwork was provided to you to approach the Town about
your application and to provide them with comments about your proposed activity. The Town was
to provide a response on the application and return this document to planning. This document was
not provided in the application materials. Please submit the written response from the Town.
2. Please provide a short narrative on the proposed use of the property and place this statement at
the bottom of page one of the application.
3. Please provide greater detail on the maintenance and repair component of the business. Will this
activity be limited to the excavation business only or will there be private repairs also conducted
from the property?
4. Please provide greater detail. Do employees access the site in the morning, park their personal
vehicles then travel to the job site? How many trips in and out per day on average occurs?
5. Parking. There appears to be no specific parking located on the property. Parking spaces for
company and personal vehicles should be described in narrative form or provide a graphic
representation for ten (10) parking spaces and one loading zone parking area for deliveries.
6. Trash and Recycling. Please provide greater detail on the location of the trash container and who
services the container. Also with on -site maintenance are all of the materials used recycled or
placed in the dumpster for disposal? If recycled, who performs this service?
7. Perimeter Fence. Is the property secured with a swing or moving fence at each point of access to
the property? Please consider addressing in narrative form or provide a graphic representation of
this improvement
8. The hours of operation are 7:00 AM to 5:00PM weekdays only. Should the hours be expanded to
include late night returns from job sites? No Saturday hours are proposed, therefore there will be
no employees working on site on weekends, is this a correct statement?
9. Please provide greater detail. The questionnaire states there is a 300 -gallon petroleum container
located within the building, and in the next sentence it states there is no fuel on site. Is the
petroleum used for the maintenance of the excavation business equipment?
10. Please provide greater detail on how the floor drain is constructed. Liquids that fall on the floor
flow into the floor drain and are carried to day light pipe located outside of the building. Is there a
sand trap or vault employed to contain the flows or do the flows drain out onto the ground?
11. Please label the access photographs as to the direction of the view and from what direction. Each
photograph should represent a view into the site, a view from the access point looking east and
looking west. A total of 6 photographic images should be provided.
12. Meeting Minutes. Do you have a list of individuals to whom the letter was sent announcing the
meeting on May 26, 2017? Please provide. There is a USPS wet stamp on the SPO list for the
surface estate would this be your mailing list for the meeting. If yes, so state.
With the re -submittal of the missing application components and accompanied with the additional
information required as outlined in this letter, including the application fee planning staff will set the case
for processing if the application is deemed complete.
This phase of the planning process is a content review of the submitted materials, NOT a technical review.
Comments made during this phase of the process will not be all-inclusive. County staff will perform a
detailed technical review of the project once the submittal application is deemed acceptable and is
promoted to the review phase of the planning process. With documents and formatted materials received
as specified herein and re -submitted to this office for case initiation and set-up, staff will commence with
the referral process. Should you have additional questions or require clarification on any of the points
presented herein, please contact Kim at 970.400.3549. Thank you.
(Sinc(erely,
1 _ �
Kim O e
Planning H ervices
•
•
MEMORANDUM
To: Board of County Commissioners
From: Kim Ogle
Subject: Request for Continuance, USR17-0041
Date: November 22, 2017
The Department of Planning Services in consultation with the applicant Carrie and Matthew Carroll
request a continuance of this case. USR17-0041 for A Site Specific Development Plan and Use by Special
Review Permit. USR17-0041. 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 in the A (Agriculture) Zone District.
There is active Zoning Violation (ZCV17-00098) on the property, initiated due to the storage and parking of
Commercial Vehicles, equipment and/or supplies associated with the applicant's business. Carroll Excavating
& Repair. without first completing the necessary Weld County Zoning Permits.
The applicant was contacted by Planning staff by electronic mail on October 30, 2017 prior to the Planning
Commissioners hearing of November 7, 2017 to discuss the scheduling conflict and provide alternate dates
after discussion with the Clerk to the Board's office. Planning staff received a return electronic mail response
from Carrie Carroll on October 31, 2017 indicating a December 20, 2017 hearing would be preferable.
The Planning Commission hearing was conducted on November 7, 2017 and staff stated on the record that
the Board of County Commissioners hearing would be December 20. 2017.
The Department of Planning Services in consultation with the applicant Carrie and Matthew Carroll are
requesting this case be continued until Wednesday December 20, 2017. We request your support with
this request.
SERVICE, TEAMWORK INTEGRITY, QUALITY
Kim Ogle
lint:
To:
Subject:
Kim Ogle
Tuesday, October 31, 2017 5:16 AM
'Carrie Carroll'
RE: Board of County Commissioners Hearing Reschedule
Carrie
Thank you for your quick response. The Board of County Commissioners meet every Monday and Wednesday to
conduct the County's business. Land Use Hearings are held on Wednesday and commence at 10:00 AM. On December
20, 2017 there are three cases scheduled, and all three should be concluded before the noon hour. Our initial public
hearing is scheduled for November 7 at 12:30P in the Commissioner's hearing room, 1150 CR 64 ("O" Street) Greeley. I
will be available a little before 1230P if you have any questions on the staff report. If you have known questions now,
please contact me. Thanks, Kim
From: Carrie Carroll [mailto:ccarro111999@yahoo.com]
Sent: Monday, October 30, 2017 7:30 PM
To: Kim Ogle <kogle@weldgov.com>
Subject: Re: Board of County Commissioners Hearing - Reschedule
Kim
We would prefer December 20th in the afternoon if at all possible as I have a busier schedule in the mom.
"lank you.
Carrie Carroll
Sent from my iPad
On Oct 30, 2017, at 12:29 PM, Kim Ogle <kogle@weldgov.com>wrote:
Carrie and Matt,
•
Due to a scheduling conflict with staff, we are requesting a new Board of County Commissioners hearing
date. Originally scheduled for Wednesday November 22, 2017, we are requesting either Wednesday
December 20, 2017 or alternatively Wednesday January 3, 2017. Wednesday dates past January 3 are
also available.
At your convenience, please let this office know of an alternative date to hear the case.
My apologies for the scheduling issue.
Kim Ogle
Planner
Weld County Planning Services
1555 North 17th Avenue
Greeley, Colorado 80631
1
Kim Ogle
om:
nt:
To:
Cc:
Subject:
Carrie and Matt,
Kim Ogle
Monday, October 30, 2017 12:29 PM
'MCARROLLEX@YAHOO.COM'; 'Carrie'
Hayley Balzano; Kristine Ranslem
Board of County Commissioners Hearing - Reschedule
Due to a scheduling conflict with staff, we are requesting a new Board of County Commissioners hearing date. Originally
scheduled for Wednesday November 22, 2017, we are requesting either Wednesday December 20, 2017 or alternatively
Wednesday January 3, 2017. Wednesday dates past January 3 are also available.
At your convenience, please let this office know of an alternative date to hear the case.
My apologies for the scheduling issue.
Kim Ogle
Planner
Weld County Planning Services
1555 North 17th Avenue
Greeley, Colorado 80631
00.400.3549 Direct
970.353.6100 x 3540 Office
kogle@weldgov.com
1
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