HomeMy WebLinkAbout20172948Planner:
C. Gathman
Case Number: USR17-0029
Applicant:
Address:
Request:
Legal
Description:
Location:
LAND USE APPLICATION
SUMMARY SHEET
Hearing Date: August 15, 2017
Lowell Three LLC (Marilyn Bunn) CIO Bert Garcia (Pro Lawn Landscaping, LLC)
5212 W. F Street, Greeley, CO. 80631
A Site Specific Development Plan and Use by Special Review Permit for a Home
Business (parking and staging of trucks, trailers and equipment for a landscape
business) in the A (Agricultural) Zone District.
Part SW4SE4 of Section 34, T6N, R66W of the 6th PM, Weld County, Colorado
Located approximately 2,600 feet east of 59th Street and approximately 120 feet south
and east of F Street.
Size of Parcel: +1- 18.12 acres
Parcel No. 080534400009
The criteria for review of this Special Review Permit is listed in Section 23-2-220 of the Weld County
Code.
The Department of Planning Services' staff has received referral responses with comments from the
following agencies:
Weld County Zoning Compliance, referral dated August 1, 2017
Weld County Department of Public Works, referral dated June 13, 2017
Weld County Department of Planning Services - Engineer, referral dated July 5, 2017
Weld County Department of Public Works (MS4), referral dated June 27, 2017
City of Greeley, referral dated May 24, 2017 and June 2, 2017
Weld County Department of Public Health and Environment, referral dated June 19, 2017
Boyd Irrigation Ditch Company (Greeley No. 3 Ditch), referral dated May 23, 2017
West Greeley Soil Conservation District, referral dated June 12, 2017
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
Weld County Sheriff's Office, referral dated June 5, 2017
The Department of Planning Services' staff has not received responses from the following agencies:
Y Weld County Public Works (Access)
Y Colorado Parks and Wildlife
Y Western Hills Fire Protection District
▪ School District RE -2
▪ Weld County Department of Building Inspection
USR17-0029 - GARCIA
Planner:
C. Gathman
SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
Hearing Date: August 15, 2017
Case Number: USR17-0029
Applicant: Lowell Three LLC (Marilyn Bunn) CIO Bert Garcia (Pro Lawn Landscaping, LLC)
Address: 5212 W. F Street, Greeley, CO. 80631
Request: A Site Specific Development Plan and Use by Special Review Permit for a Home
Business (parking and staging of trucks, trailers and equipment for a landscape
business) in the A (Agricultural) Zone District.
Legal
Description:
Location: Located approximately 2,600 feet east of 59th Street and approximately 120 feet south
and east of F Street.
Size of Parcel:
Case Summary:
Part SW4SE4 of Section 34, T6N, R66W of the 6th PM, Weld County, Colorado
+1- 18.12 acres Parcel No. 080534400009
The applicant is proposing to park and stage company trucks, trailers and equipment associated with a
landscaping business. A total of four (4) employees are associated with the business. This number
includes the business owner who leases the property and lives onsite. The application indicates that
pickup trucks and trailers will access the site up to four (4) times daily. The site does not directly border F
Street. The site access crosses property owned by the same property owner (Lowell Three LLC).
This application was initiated due to a Zoning Violation (ZCV17-00004), due to the operation of a
landscaping company (Home Business) with multiple commercial vehicles without first completing the
necessary Weld County Zoning Permits.
Approval of this application by the Board of County Commissioners would correct the outstanding
violations. If this application is denied, the Department of Planning Services asks that the Board
forward these cases to the County Attorney's Office for legal action through the District Court
process, but to delay that legal action for 30 (thirty) days to allow the applicant time to reduce the
commercial business to fall within the guidelines of a Home Occupation - Class II operation and to
submit the applicable application (ZPHB) or to completely remove 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:
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.
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Section 22-2-20 G. 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 proposed use is in an area that can support this development and the existing
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.
Development standards are attached limiting hours of operation and number of
employees to address compatibility with the surrounding land uses and mitigate impacts.
Section 22-22-20.1 A.Policy 9.5. Applications for a change of land use in the agricultural
areas should be reviewed in accordance with all potential impacts to surrounding
properties and referral agencies. Encourage applicants to communicate with those
affected by the proposed land use change through the referral process.
Referral agency comments have been addressed through conditions of approval and
Development Standards. Development standards are attached limiting hours of operation
and number of employees to address compatibility with the surrounding land uses and
mitigate impacts.
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.P of the Weld County Code allows Home
Businesses as a Use by Special Review in the A (Agricultural) Zone District.
Section 23-3-10 - Intent states: "The A (Agricultural) Zone District is also intended to
provide areas for the conduct of uses by Special Review which have been determined to
be more intense or to have a potentially greater impact than uses Allowed by Right."
Development standards are attached limiting hours of operation and number of
employees to address compatibility with the surrounding land uses and mitigate impacts.
The business will be required to adhere to the definition of Home Business delineated in
Section 23-1-90 of the Weld County Code:
An incidental use to the principal permitted use for gainful employment of the
family residing on the property, where:
a. Such use is conducted primarily within a dwelling unit or accessory
structure and principally carried on by the family resident therein.
b. Such use is clearly incidental and secondary to the principal permitted use
and shall not change the character thereof.
C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the
existing surrounding land uses.
The property is located to the west of three (3) single-family residences and north of and
adjacent to an existing residential subdivision located within the boundaries of the City of
Greeley.
No phone calls or correspondence has been received from surrounding property owners
in regards to this case.
USR17-0029 - GARCIA
Development standards are attached limiting hours of operation and number of
employees to address compatibility with the surrounding land uses and mitigate impacts.
D. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with future
development of the surrounding area as permitted by the existing zoning and with the
future development as projected by Chapter 22 of the Weld County Code and any other
applicable code provisions or ordinances in effect, or the adopted Master Plans of
affected municipalities.
The site is located within the three (3) mile referral area of the City of Greeley. The City
of Greeley in their referral comments, dated June 2, 2017 attached recommended the
site meet setback and landscaping requirements per the Weld County Code. Greeley
also recommended that a sewer main easement be shown on the USR map.
E. Section 23-2-220.A.5 -- The application complies with Chapter 23, Articles V and XI, of
the Weld County Code.
The property is not within the Geologic Hazard Overlay District, a Special Flood Hazard
Area or the Airport Overlay District.
Building Permits issued on the lot will be required to adhere to the fee structure of the
County -Wide Road Impact Fee Program.
Building Permits issued on the proposed lot will be required to adhere to the fee structure
of the County Facility Fee and Drainage Impact Fee Programs.
F. Section 23-2-220.A.6 -- The applicant has demonstrated a diligent effort to conserve
prime agricultural land in the locational decision for the proposed use.
The proposed facility is located on approximately 18.12 acres delineated as "Prime if
Irrigated" per the 1979 Soil Conservation Service Important Farmlands of Weld County
Map. No additional structures or buildings will be located on the site.
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. All septic systems located on the property shall have appropriate permits from the Weld
County Department of Public Health & Environment. The Environmental Health Division of
the Weld County Department of Public Health & Environment was unable to locate a septic
permit for the residence addressed as 5212 W F Street. Any existing septic system which is
not currently permitted through the Weld County Department of Public Health &
Environment will require a Statement of Existing and an evaluation prior to the issuance of
the required septic permit. In the event the system is found to be inadequate, the system
must be brought into compliance with current On -site Wastewater Treatment System
USR17-0029 - GARCIA
regulations. (Department of Public Health and Environment)
B. The applicant shall attempt to address the comments of the City of Greeley as stated in
their referral comments dated 5/25/2017 and 6/2/2017. Written evidence of such shall be
provided to the Department of Planning Services. (City of Greeley)
C. The applicant shall attempt to address the comments of the Boyd Irrigation Company
(Greeley No. 3 Lateral) as stated in their referral dated 5/23/2017. Written evidence of such
shall be provided to the Department of Planning Services. (Boyd Irrigation Company)
D. The map shall be amended to delineate the following:
1. All sheets of the map shall be labeled USR17-0029 (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 parking area for the employees. (Department of Planning
Services)
6. Show and label a 30ft minimum access and utility easement to provide legal access
to the parcel on the site plan. The reception number for the easement shall be
delineated on the map. (Department of Planning Services -Engineer)
7. The applicant shall show the drainage flow arrows. (Department of Planning
Services -Engineer)
8. West F Street is a paved road and is designated on the Weld County Functional
Classification Map as a local road which requires 60 feet of right-of-way at full
buildout. The applicant shall delineate on the site plan the existing right-of-way. All
setbacks shall be measured from the edge of right-of-way. This road is maintained
by Weld County. (Department of Public Works)
9. Show and label the approved access(es) (APXX-XXXXX), and the appropriate
turning radii (60') on the site plan. (Department of Public Works)
10. 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)
11. 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 -
Engineer)
USR17-0029 - GARCIA
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
plat not be recorded within the required one hundred twenty (120) days from the date of the
Board of County Commissioners Resolution, a $50.00 recording continuance charge shall added
for each additional three (3) month period. (Department of Planning Services)
4. The Department of Planning Services respectfully requests a digital copy of this "Use by Special
Review", as appropriate. Acceptable format is a projected ESRI shapefile (.shp, .shx, .dbf, .prj)
with a defined coordinate system (i.e., NAD 1983 UTM Zone 13N, WGS 1984, NAD 1983 HARN
StatePlane Colorado North FIPS 0501 (US Feet)....etc.). This digital file may be sent to
maps@co.weld.co us. (Department of Planning Services)
5. The Use by Special Review activity shall not occur, nor shall any building or electrical permits be
issued on the property, until the Use by Special Review plat is ready to be recorded in the office
of the Weld County Clerk and Recorder or the applicant has been approved for an early release
agreement. (Department of Planning Services)
USR17-0029 - GARCIA
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Lowell Three LLC (Marilyn Bunn) CIO Bert Garcia
USR17-0029
1. A Site Specific Development Plan and Use by Special Review Permit, USR17-0029, for a Home
Business (parking and staging of trucks, trailers and equipment for a landscape business) 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 and Saturday 8:00 a.m. - 5:00
p.m. (Department of Planning Services)
4. The number of outside employees shall be limited to four (4). (Department of Planning Services)
5. Vehicles associated with the business will be limited to one (1) dump truck, one (1) flatbed truck, one
(1) dually truck and one (1) 4x4. (Department of Planning Services)
6. The parking area on the site shall be maintained. (Department of Planning Services)
7. 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)
8. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, Section
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)
9. 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, Section 30-20-100.5, C.R.S. (Department of Public Health and Environment)
10. 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)
11. 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)
12. The facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone as
delineated in 25-12-103 C.R.S. (Department of Public Health and Environment)
13. Adequate drinking, hand washing and toilet facilities shall be provided for employees, at all times.
For employees or contractors on site for less than 2 consecutive hours a day, and 2 or less full time
employees on site, portable toilets and bottled water are acceptable. Records of maintenance and
proper disposal for portable toilets shall be retained on a quarterly basis and available for review by
the Weld County Department of Public Health and Environment. Portable toilets shall be serviced by
a cleaner licensed in Weld County and shall contain hand sanitizers. (Department of Public Health
and Environment)
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14. Any septic system located on the property must comply with all provisions of the Weld County Code,
pertaining to On -site Wastewater Treatment Systems. (Department of Public Health and
Environment)
15. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
(Department of Public Health and Environment)
16. 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)
17. The property owner shall control noxious weeds on the site. (Department of Public Works)
18. 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)
19. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Department of Public Works)
20. The historical flow patterns and runoff amounts on the site will be maintained. (Department of
Planning Services - Engineer)
22. As Required by the Colorado Department of Public Health and Environment (CDPHE) MS4 General
Permit (COR090000), Stormwater Runoff from Site Development/Redevelopment must be Treated
For Water Quality. Treatment May Include On -Site Infiltration And/Or Water Quality
Treatment Prior To Discharge (Detention). (Department of Public Works - MS4 Administrator)
23. During Construction, Weld County Shall be allowed to Inspect Temporary Best Management
Practices (BMPS) for Proper Installation and Maintenance as Detailed in the Stormwater
Management Plan (SW MP). Inspections Occur to Ensure Adequate Measures are Taken to Protect
the Landowner, Neighboring Properties, Adjacent Roadways and Nearby Waterways from Potentially
Adverse Effects of Stormwater Runoff. The Contact Will Be Notified Prior to Inspection for Access to
Be Granted to the Inspector. Inspections Will Be Performed At a Frequency Required By the CDPHE
MS4 General Permit +(COR090000). (Department of Public Works - MS4 Administrator)
24. After Construction Is Complete, Weld County Shall Be Allowed to Inspect Permanent BMPS (Or On -
Site Drainage Features) for Proper Installation as Designed in the Approved Drainage Plan. The
Contact Will Be Notified Prior to Inspection for Access to be granted to the Inspector. (Department of
Public Works - MS4 Administrator)
25. Following the Approved Installation of Permanent BMPS, Weld County Shall Be Allowed To
Routinely Inspect the BM PS For Proper Maintenance As Detailed In The Maintenance Plan.
Inspections Occur To Ensure Adequate Drainage Is Occurring To Protect the Landowner,
Neighboring Properties, Adjacent Roadways and Nearby Waterways From Potentially Adverse
Effects of Stormwater Runoff. Please Note, Weld County Is Not Responsible For Maintenance Of
Permanent BMPS. The Contact Will Be Notified Prior To Inspection For Access To Be Granted To
The Inspector. Inspections Will Be Performed At A Frequency Required By The CDPHE MS4
General Permit (COR090000). (Department of Public Works - MS4 Administrator)
26. 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)
27. 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
USR17-0029 - GARCIA
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)
28. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code.
29. 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.
30. 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.
31. 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.
32. 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.
33. 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
USR17-0029 - GARCIA
visual disparity between rural and urban areas of the County. Section 35-3.5-102, C.R.S., provides
that an agricultural operation shall not be found to be a public or private nuisance if the agricultural
operation alleged to be a nuisance employs methods or practices that are commonly or reasonably
associated with agricultural production.
Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to
assume that ditches and reservoirs may simply be moved "out of the way" of residential development.
When moving to the County, property owners and residents must realize they cannot take water from
irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water.
Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice
the size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of
state and county roads outside of municipalities. The sheer magnitude of the area to be served
stretches available resources. Law enforcement is based on responses to complaints more than on
patrols of the County, and the distances which must be traveled may delay all emergency responses,
including law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who
must leave their jobs and families to respond to emergencies. County gravel roads, no matter how
often they are bladed, will not provide the same kind of surface expected from a paved road. Snow
removal priorities mean that roads from subdivisions to arterials may not be cleared for several days
after a major snowstorm. Services in rural areas, in many cases, will not be equivalent to municipal
services. Rural dwellers must, by necessity, be more self-sufficient than urban dwellers.
People are exposed to different hazards in the County than in an urban or suburban setting. Farm
equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center
pivot operations, high speed traffic, sandburs, puncture vines, territorial farm dogs and livestock, and
open burning present real threats. Controlling children's activities is important, not only for their
safety, but also for the protection of the farmer's livelihood.
USR17-0029 - GARCIA
July 24, 2017
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.co.weld.co.us
E-MAIL: cgathman@weldgov.com
PHONE: (970) 353-6100, Ext. 3537
FAX: (970) 304-6498
Bert Garcia
5212 West Fst
Greeley, CO 80631
Subject: USR17-0029 - A Site Specific Development Plan and Use by Special Review Permit for a Home
Business (parking and staging of trucks, trailers and equipment for a landscape business) in the A
(Agricultural) Zone District.
On parcel(s) of land described as:
PART SW4SE4 SECTION 34, T6N, R66W OF THE 6TH P.M., WELD COUNTY, COLORADO.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on August 15, 2017, at 12:30
p.m. A subsequent hearing with the Board of County Commissioners will be held on September 6,
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,
Chris Gathman
Planner
1
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.co.weld.co.us
E-MAIL: cgathman@co.weld.co.us
PHONE: (970) 353-6100, Ext. 3537
FAX: (970) 304-6498
May 23, 2017
BERT GARCIA
5212 WEST F ST
GREELEY CO 80631
Subject: USR17-0029 - A Site Specific Development Plan and Use by Special Review Permit for a Home
Business (parking and staging of trucks, trailers and equipment for a landscape business) in the A
(Agricultural) Zone District.
On parcel(s) of land described as:
PART SW4SE4 SECTION 34, T6N, 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:
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,
Chris Gathman
Planner
FIELD CHECK inspection dates: 8/5/2017
APPLICANT: Lowell Three LLC (Marilyn Bunn) C/O Bert Garcia (Pro Lawn Landscaping, LLC)
CASE #: USR17-0029
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for a Home Business
(parking and staging of trucks, trailers and equipment for a landscape business) in the A
(Agricultural) Zone District.
LEGAL: Part SW4SE4 of Section 34, T6N, R66W of the 6th PM, Weld County, Colorado
LOCATION: Located approximately 2,600 feet east of 59th Street and approximately 120 feet south
and east of F Street.
PARCEL ID #s: 1805-34-4-00-009
ACRES: +1- 33.22 acres
Zoning
Land Use
N
A
N
Open Area/Residential subdivision (Greeley)
E
A
E
SF residence/Open
S
A
S
SF residence
W
A
O&G Facility
COMMENTS:
Existing SF on property.
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Chris Gathman - Planner III
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