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HomeMy WebLinkAbout20172781.tiffPlanner: Case Number: Applicant: Representative: Request: Legal Description: Location: Size of Parcel: LAND USE APPLICATION SUMMARY SHEET Kim Ogle Hearing Date: August 1, 2017 USR17-0019 Jose and Alma Menijvar, 25967 County Road 43, Greeley, CO Sheri Lockman, Lockman Land Consulting, LLC, 36509 County Road 41, Eaton, CO A Site Specific Development Plan and Use by Special Use Permit, USR17-0019 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 (commercial tree service and firewood business and the parking of trucks associated with the business) 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 Part NE4 NE4 Section 28, Township 5 North, Range 65 West of the 6th P.M., Weld County, Colorado South of and adjacent to County Road 54; west of and adjacent to County Road 43 +1- 3.17 acres Parcel No. 0961-28-0-00-034 The criteria for review of this Special Review Permit is listed in Section 23-2-220 of the Weld County Code. The Department of Planning Services' staff has received referral responses with comments from the following agencies: ) Weld County Zoning Compliance, referral dated April 5, 2017 ) Weld County Department of Public Works, referral dated April 11, 2017 Weld County Department of Public Works - Access, referral dated April 18, 2017 Weld County Department of Public Health and Environment, referral dated April 24, 2017 Weld County Department of Planning Services - Engineer, referral dated May 2, 2017 The Department of Planning Services' staff has received referral responses without comments from the following agencies: Colorado Parks and Wildlife, referral dated April 5, 2017 West Greeley Conservation District, referral dated April 10, 2017 Weld County Sherriff's Office, referral dated April 10, 2017 City of Greeley, referral dated April 13, 2017 Weld County School District RE -7, referral dated April 17, 2017 The Department of Planning Services' staff has not received responses from the following agencies: Town of Kersey City of Evans LaSalle Fire Protection District Greeley -Weld County Airport Authority Weld County Department of Building Inspection Central Weld County Water District USR17-0019 -- Jose and Alma Menijvar Page 1 of 10 Planner: Case Number: Applicant: Representative: Request: Legal Description: Location: Size of Parcel: Case Summary: SPECIAL REVIEW PERMIT ADMINISTRATIVE REVIEW Kim Ogle Hearing Date: August 1, 2017 USR17-0019 Jose and Alma Menijvar, 25967 County Road 43, Greeley, CO Sheri Lockman, Lockman Land Consulting, LLC, 36509 County Road 41, Eaton, CO A Site Specific Development Plan and Use by Special Use Permit, USR17-0019 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 (commercial tree service and firewood business and the parking of commercial vehicles associated with the business) 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 Part NE4 NE4 Section 28, Township 5 north, Range 65 West of the 6th P.M., Weld County, Colorado South of and adjacent to County Road 54; west of and adjacent to County Road 43 +1- 3.17 acres Parcel No. 0961-28-0-00-034 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 Organics 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. An active Zoning Violation (ZCV16-00140) was noted. This violation was initiated due to the parking of commercial vehicles, storage of firewood and mulch and employee parking associated with Menjivar Tree Trimming without first completing the necessary Weld County Zoning Permits. This case has been forwarded to the County Attorney's Office; therefore, an investigation fee IS required. Approval of this application by the Board of County Commissioners, Conditions of Approval met and the recording of the USR map would correct the outstanding violations. If this application is denied, the Department of Planning Services asks that the Board be advised that the applicant through the existing court case (17-C-31375) has 30 days, from denial, to remove all but 1 Commercial Vehicle from the property. USR17-0019 -- Jose and Alma Menijvar Page 2 of 10 THE 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.7 - A. Policy 7.2 states "Conversion of agricultural land to nonurban residential, commercial and industrial uses should be accommodated when the subject site is in an area that can support such development, and should attempt to be compatible with the region. The surrounding properties are primarily agricultural in nature, with a few homes in close proximity. There are ten (10) parcels within 500 feet of the property. Section 23-2-240.A.10 states "Buffering or screening of the proposed use from adjacent properties may be required in order to make the determination that the proposed use is compatible with the surrounding uses." The proposed use is in an area that can support this development and the existing and proposed screening, the Development Standards, and the Conditions of Approval will assist in mitigating the impacts of the facility on the adjacent properties and ensure compatibility with surrounding land uses and the region. 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 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 bts 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. C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing 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 feet from the property line. A welding shop permitted via SPR-405 is operated on 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 of support were received and are part of the application.. D. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with future development of the surrounding area as permitted by the existing zoning and with the future development as projected by Chapter 22 of the Weld County Code and any other applicable code provisions or ordinances in effect, or the adopted Master Plans of affected municipalities. USR17-0019 -- Jose and Alma Menijvar Page 3 of 10 The site is located within the three (3) mile referral area of the Town of Kersey, City of Evans and City of Greeley. The Town of Kersey and City of Evans did not return a referral response and the City of Greeley in their referral comments, dated April 13, 2017 indicated that they have no concerns. 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. The property is located with the Airport Overlay District. A referral response was not received from the Greeley -Weld County Airport Authority indicating a conflict with their interests. Building Permits issued on the lot will be required to adhere to the fee structure of the County - Wide Road Impact Fee, Program. 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 3.17 acres "Prime (Irrigated) Lands" per the 1979 Soil Conservation Service Important Farmlands of Weld County Map. 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. The map shall be amended to delineate the following: 1. All sheets of the map shall be labeled USR17-0019 (Department of Planning Services) 2. The attached Development Standards. (Department of Planning Services) 3. The map shall be prepared in accordance with Section 23-2-260.D of the Weld County Code. (Department of Planning Services) 4. The applicant shall delineate on the map the trash collection areas. Section 23-3-350.H of the Weld County Code addresses the issue of trash collection areas. (Department of Planning Services) 5. The map shall delineate the landscaping and/or screening. (Department of Planning Services) 6. The map shall delineate the lighting. (Department of Planning Services) USR17-0019 -- Jose and Alma Menijvar Page 4 of 10 7. All signs shall be shown on the map and shall adhere to Chapter 23, Article IV, Division 2 and Appendices 23-C, 23-D and 23-E of the Weld County Code. (Department of Planning Services) 8. The map shall delineate the parking area for the vendors, customers and/or employees. (Department of Planning Services) 9. County Road 43 is a paved road and is designated on the Weld County Road Classification Plan as a collector road which requires 80 feet of right-of-way at full buildout. The applicant shall delineate on the site plan the future and existing right-of-way. All setbacks shall be measured from the edge of future right-of-way. This road is maintained by Weld County. (Department of Public Works) 10. County Road 54 is a paved road and is designated on the Weld County Road Classification Plan as a collector road which requires 80 feet of right-of-way at full buildout. The applicant shall delineate on the site plan the future and existing right-of-way. All setbacks shall be measured from the edge of future right-of-way. This road is maintained by Weld County. (Department of Public Works) 11. Show and label the approved access(es) (AP17-00229), and the appropriate turning radii on the site plan. (Department of Public Works) 12. Show and label the approved tracking control on the site plan 13. Show and label the entrance gate set back a minimum of 100ft from edge of shoulder. (Department of Public Works) 14. The applicant shall show the drainage flow arrows. (Department of Planning Services - Engineer) 15. Show and label all recorded easements on the map by book and page number or reception number and date on the site plan. (Department of Planning Services) 2. Upon completion of Condition of Approval #1 above, the applicant shall submit one (1) paper copy or one (1) electronic copy (.pdf) of the map for preliminary approval to the Weld County Department of Planning Services. Upon approval of the map the applicant shall submit a Mylar map along with all other documentation required as Conditions of Approval. The Mylar map shall be recorded in the office of the Weld County Clerk and Recorder by the Department of Planning Services. The map shall be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code. The Mylar map and additional requirements shall be submitted within one hundred twenty (120) days from the date of the Board of County Commissioners Resolution. The applicant shall be responsible for paying the recording fee. (Department of Planning Services) 3. In accordance with Weld County Code Ordinance #2012-3, approved April 30, 2012, should the map not be recorded within the required one hundred twenty (120) days from the date of the Board of County Commissioners Resolution, a $50.00 recording continuance charge shall added for each additional three (3) month period. (Department of Planning Services) 4. The Department of Planning Services respectfully requests a digital copy of this "Use by Special Review", as appropriate. Acceptable format is a projected ESRI shapefile (.shp, .shx, .dbf, .prj) with a defined coordinate system (i.e., NAD 1983 UTM Zone 13N, WGS 1984, NAD 1983 HARN StatePlane Colorado North FIPS 0501 (US Feet)....etc.). This digital file may be sent to maps@co.weld.co.us. (Department of Planning Services) USR17-0019 -- Jose and Alma Menijvar Page 5 of 10 5. Prior to Construction: A. If more than 1 acre is to be disturbed, a Weld County grading permit will be required prior to the start of construction. (Department of Planning Services - Engineer) 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) USR17-0019 -- Jose and Alma Menijvar Page 6 of 10 SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Jose and Alma Menijvar USR17-0019 1. A Site Specific Development Plan and Use by Special Use Permit, USR17-0019 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 (commercial tree service and firewood business and the parking of commercial vehicles associated with the business) 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, 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. - 6:00 p.m. Monday - Friday; 8:00 a.m. to 4:00 p.m. Saturday. In an emergency work may extend past typical operating hours. (Department of Planning Services) 4. The number of on -site employees shall be 20. (Department of Planning Services) 5. The parking area on the site shall be maintained. (Department of Planning Services) 6. All signs shall adhere to Chapter 23, Article IV, Division 2 and Appendices 23-C, 23-D and 23-E of the Weld County Code. (Department of Planning Services) 7. The existing landscaping and screening on the site shall be maintained. (Department of Planning Services) 8. This site is located within the Airport Overlay District. (Department of Planning Services) 9. 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. 10. 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. 11. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance conditions. The facility shall operate in accordance with Chapter 14, Article 1 of the Weld County Code. 12. 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. 13. If 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. USR17-0019 -- Jose and Alma Menijvar Page 7 of 10 14. Adequate drinking, handwashing and toilet facilities shall be provided for employees of the facility, at all times. Any septic system located on the property must comply with all provisions of the Weld County Code, pertaining to Onsite Waste Water Treatment Systems. The facility shall utilize the existing public water supply. 15. 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. 16. This facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone as delineated in 25-12-103 C.R.S. 17. The operation shall comply with all applicable rules and regulations of State and Federal agencies and the Weld County Code. 18. The property owner shall control noxious weeds on the site. (Department of Public Works) 19. The access to the site shall be maintained to mitigate any impacts to the public road including damages and/or offsite tracking. (Department of Public Works) 20. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized. (Department of Public Works) 21. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Planning Services - Engineer) 22. Sources of light shall be shielded so that beams or rays of light will not shine directly onto adjacent properties. Sources of light should not cause a nuisance or interfere with the use on the adjacent properties in accordance with the map. Neither the direct, nor reflected, light from any light source may create a traffic hazard to operators of motor vehicles on public or private streets. No colored lights may be used which may be confused with, or construed as, traffic control devices. (Department of Planning Services) 23. 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) 24. The property owner or operator shall be responsible for complying with the Design and Operation Standards of Chapter 23 of the Weld County Code. 25. 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. 26. 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. USR17-0019 -- Jose and Alma Menijvar Page 8 of 10 27. 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. 28. 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. 29. WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive agricultural counties in the United States, typically ranking in the top ten counties in the country in total market value of agricultural products sold. The rural areas of Weld County may be open and spacious, but they are intensively used for agriculture. Persons moving into a rural area must recognize and accept there are drawbacks, including conflicts with long-standing agricultural practices and a lower level of services than in town. Along with the drawbacks come the incentives which attract urban dwellers to relocate to rural areas: open views, spaciousness, wildlife, lack of city noise and congestion, and the rural atmosphere and way of life. Without neighboring farms, those features which attract urban dwellers to rural Weld County would quickly be gone forever. Agricultural users of the land should not be expected to change their long-established agricultural practices to accommodate the intrusions of urban users into a rural area. Well -run agricultural activities will generate off -site impacts, including noise from tractors and equipment; slow -moving farm vehicles on rural roads; dust from animal pens, field work, harvest and gravel roads; odor from animal confinement, silage and manure; smoke from ditch burning; flies and mosquitoes; hunting and trapping activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and fertilizers in the fields, including the use of aerial spraying. It is common practice for agricultural producers to utilize an accumulation of agricultural machinery and supplies to assist in their agricultural operations. A concentration of miscellaneous agricultural materials often produces a visual disparity between rural and urban areas of the County. Section 35-3.5-102, C.R.S., provides that an agricultural operation shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that are commonly or reasonably associated with agricultural production. Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to assume that ditches and reservoirs may simply be moved "out of the way" of residential development. When moving to the County, property owners and residents must realize they cannot take water from irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water. Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice the size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of state and county roads outside of municipalities. The sheer magnitude of the area to be served stretches available resources. Law enforcement is based on responses to complaints more than on patrols of the County, and the distances which must be traveled may delay all emergency responses, including law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must leave their jobs and families to respond to emergencies. County gravel roads, no matter how often they are bladed, will not provide the same kind of surface expected from a paved road. Snow USR17-0019 -- Jose and Alma Menijvar Page 9 of 10 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. USR17-0019 -- Jose and Alma Menijvar Page 10 of 10 June 23, 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 LOCKMAN SHERI 36509 CR 41 EATON, CO 80615 Subject: USR17-0019 - A Site Specific Development Plan and Use by Special Use Permit, USR17-0018 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 (commercial tree service and firewood business and the parking of trucks associated with the business) provided that the property is not a lot in an approved or recorded subdivision plat or lots parts of a map or plan filed prior to adoption of any regulations controlling subdivisions in the A (Agricultural) Zone District On parcel(s) of land described as: PART NE4NE4 SECTION 28, T5N, R65W OF THE 6TH P.M., WELD COUNTY, COLORADO. Dear Applicants: I have scheduled a meeting with the Weld County Planning Commission on August 1, 2017, at 12:30 p.m. A subsequent hearing with the Board of County Commissioners will be held on August 16, 2017 at 10:00 a.m. Both hearings will be held in the Hearing Room, Weld County Administration Building, 1150 0 Street, Greeley, Colorado. It is recommended that you and/or a representative be in attendance to answer any questions the Planning Commission members or Board of County Commissioners may have. Colorado Revised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01-1088) requires notification of all mineral estate owners 30 days prior to any public hearing. The applicant needs to provide the Weld County Planning Department with written certification indicating the above requirement has been met. A representative from the Department of Planning Services will be out to the property a minimum of ten days prior to the hearing to post a sign adjacent to and visible from a publicly maintained road right-of-way which identifies the hearing time, date, and location. In the event the property is not adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent place on the property and a second sign posted at the point at which the driveway (access drive) intersects a publicly maintained road right-of-way. The Department of Planning Services' staff will make a recommendation concerning this application to the Weld County Planning Commission and will be included in the staff report one week prior to the scheduled Planning Commission hearing. You may view the staff report at www.weldcountyplanningcases.org If you have any questions concerning this matter, please call. Resppctfull Kim Ogle Planner DEPARTMENT OF PLANNING SERVICES 1555 N 17th AVE GREELEY, CO 80631 WEBSITE: www.co.weld.co.us E-MAIL: kogle@co.weld.co.us PHONE: (970) 353-6100, Ext. 3549 FAX: (970) 304-6498 April 05, 2017 LOCKMAN SHERI 36509CR41 EATON CO 80615 Subject: USR17-0019 - 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, (commercial tree service business) provided that the property is not a lot in an approved or recorded subdivision plat or lots parts of a map or plan filed prior to adoption of any regulations controlling subdivisions in the A (Agricultural) Zone District. On parcel(s) of land described as: PART NE4NE4 SECTION 28, T5N, R65W OF THE 6TH P.M., WELD COUNTY, COLORADO. Dear Applicants: Your application and related materials for the request described above are complete and in order at this time. I will schedule a meeting with you at the end of the review period to discuss the referral comments received by our office. It is the policy of Weld County to refer an application of this nature to any town or municipality lying within three miles of the property in question or if the property under consideration is located within the comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of the submitted materials to the following Planning Departments for their review and comments: Evans at Phone Number 970-475-1170 Kersey at Phone Number 970-353-1681 Greeley at Phone Number 970-350-9780 It is recommended that you contact the listed Planning Departments for information regarding their process and to answer any questions that might arise with respect to your application. If you have any questions concerning this matter, please call. Respectfully, Kim Ogle Planner III HELD CHECK— USR 17-0019 Inspection Date: July 20, 2017 Applicant: Jose and Alma Menijvar, 25967 County Road 43, Greeley, CO Request: A Site Specific Development Plan and Use by Special Use Permit, USR17-0019 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 (commercial tree service and firewood business and the parking of trucks associated with the business) provided that the property is not a lot in an approved or recorded subdivision plat or lots parts of a map or plan filed prior to adoption of any regulations controlling subdivisions in the A <Agricultural) Zone District Legal: Part NE4 NE4 Section 28, Township 5, Range 65 West of the 6th P.M., Weld County, Co Location: South of & adjacent to County Road 54; west of & adjacent to County Road 43 Zoning _ Land Use N AGRICULTURE N Single encumbrances family residence and agricultural lands, oil and gas AGRICULTURE E Single encumbrances family residence and agricultural lands, oil and gas E S AGRICULTURE S Agricultural fields with residence in distance W INDUSTRIAL 3 W Welding shop and single family residence Comments: The property is home to the Menijvar residence, garage and outbuildings with the latter associated with the Tree Services. The nicely maintained residence has a fence yard with lawn, trees and shrubs and is oriented east /west with the front door facing CR 43. The business is located north of the residence and backs to the adjacent property and welding shop, The land area associated with the business is surrounding by a 6 foot in height chain link fence with dark green slats. The service yard associated with the business are maintained and without a nuisance condition identified. The side slope to the north to CR 54 is mown and in grass. There is a small sign located on the east side of the property identifying the property as Menijvar Tree Service, and is in compliance with the sign code. Signature ❑ Houser- ❑ Site Distance ❑ outbuildings - 3 n Access to Property, off of CR 43 o Topography - Site is flat and sits high to CR 54 Note any commercial business that are operating from the site. Menijvar Tree Service Hello