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LAND USE APPLICATION
SUMMARY SHEET
Michael Hall
Case Number: USR16-0026
Applicant: Troy D. and Judy K. Hefner
Address: 370 County Road 16.5, Longmont, CO 80504
Situs Address: 4265 County Road 6, Erie, CO 80516
Hearing Date: March 21, 2017
Request: A Site Specific Development Plan and Use by Special Review Permit for commercial
junkyard or salvage yard and Uses Allowed by Right in the I-1 (Industrial) Zone District
(specifically, any use of a research, repairing, manufacturing, fabricating, processing,
assembling or storage nature provided that the use is enclosed and screened per
Section 23-3-310.B.1) in the C-3 (Business Commercial) Zone District.
Legal Lots 7, 8 & 9 of the Althen-Boyer Commercial Unit Development, 2nd Filing; being a
Description: part of Section 23, Ti N, R68W of the 6th P.M., Weld County, Colorado
Location: North and adjacent to County Road 6 & approximately 0.25 miles east of the east 1-25
Frontage Road
Total Size +1- 9.89 acres Parcel Numbers: 1467-23-0-00-071
of Parcels: 1467-23-0-00-066
1467-23-0-00-073
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:
Colorado Geological Survey, referral dated August 31, 2016
Y Weld County Zoning Compliance, referral dated August 3, 2016
Y Boulder Valley Conservation District, referral date August 15, 2016
Y Weld County Department of Public Works, referral dated August 15, 2016
Y Northern Colorado Water Conservancy District, referral date August 5, 2016
Y City and County of Broomfield, emails dated February 2, 2017 and February 3, 2017
Y Weld County Department of Planning- Engineering, referral date November 18, 2016
Y Weld County Department of Public Health and Environment, referral dated August 16, 2016
Y Central Weld County Water District, referral dated August 11, 2016, emails dated Feb. 10 & 27, 2017
Y Mountain View Fire Rescue, referral date August 26, 2016, letter dated February 22, 2017, emails
dated February 27, 2017
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
City of Northglenn, referral dated August 5, 2016
The Department of Planning Services' staff has not received responses from the following agencies:
▪ Town of Erie
▪ Town of Dacono
▪ Saint Vrain Valley School District RE -1J
▪ Weld County Department of Building Inspection
▪ Farmers Reservoir and Imgation Company (Bull Canal)
USR16-0026 - Hefner - Page 1 of 11
Planner:
Michael Hall
SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
Case Number: USR16-0026
Applicant: Troy D. and Judy K. Hefner
Address: 370 County Road 16.5, Longmont, CO 80504
Situs Address: 4265 County Road 6, Erie, CO 80516
Hearing Date: March 21, 2017
Request: A Site Specific Development Plan and Use by Special Review Permit for commercial
junkyard or salvage yard and Uses Allowed by Right in the I-1 (Industrial) Zone District
(specifically, any use of a research, repairing, manufacturing, fabricating, processing,
assembling or storage nature provided that the use is enclosed and screened per
Section 23-3-310.B.1) in the C-3 (Business Commercial) Zone District.
Legal Lots 7, 8 & 9 of the Althen-Boyer Commercial Unit Development 2nd Filing; being a
Description: part of Section 23, Ti N, R68W of the 6th P.M., Weld County, Colorado
Location: North and adjacent to County Road 6 & approximately 0.25 miles east of the east 1-25
Frontage Road
Total Size
of Parcels:
Case Summary:
+/- 9.89 acres
Parcel Numbers: 1467-23-0-00-071
1467-23-0-00-066
1467-23-0-00-073
This application seeks to permit all existing and proposed uses as requested above and located on Lots
7-9 of Althen-Boyer Commercial Unit Development 2nd Filing, under one Site Specific Development Plan
and Use by Special Review Permit. This option was selected by the applicants as their preferred course
of action in response to open violation cases. The applicants were given a second option to permit each
lot under new separate or collective Site Plan Reviews (SPR) in conjunction with Non -Conforming Use
Permits to permit isolated locations on the lots for uses that have been inadvertently permitted by SPRs in
the past when the USR was necessary. The applicants were given a third option to bring all the lots into
compliance with Chapter 23 of the Weld County Code by reducing each lot to the existing and approved
Site Plan Review (SPR) limitations.
Lots 8 and 9 are in violation of Chapter 23 of the Weld County Code; Violation #s ZCV16-00024 (Lot 9) &
ZCV16-00025 (Lot 8). These violations were initiated due to the expansion of an existing storage area
onto Lot 9 without first completing the necessary Weld County Zoning Permits and screening issues of
debris/scrap, derelict vehicles and miscellaneous items on Lot 8. This case has NOT been forwarded to
the County Attorney's Office; therefore, an investigation fee is NOT required.
Lot 7 was previously approved for outside storage, auto salvage and a telecommunication tower under
SPR-257, AMSPR-206 and 2AMSPR-206. Lot 8 was previously approved for outside storage and auto
salvage under SPR-36, SPR-155, SPR-206, and AMSPR-206. Lot 9 was purchased to expand the
current outside storage operation and has not been permitted. Lot 7, Lot 8 and Lot 9 will have a total of
516 outdoor storage spaces.
If this application is approved by the Board of County Commissioners it will correct any past errors in
permitting, account for all the uses, allow all three Lots to be permitted under a single USR and 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
USR16-0026 - Hefner - Page 2 of 11
process, but to delay that legal action for thirty (30) days to allow the applicant time to reduce to the
existing approved Site Plan Review (SPR) limitations.
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 22-2-100.A. -- C.Goal 1. 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 proposed use is in an area that can support this development. The location of this
facility is located in a commercial subdivision and adequate services are currently
available. The existing screening, 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 C-3
(Business Commercial) Zone District.
Section 23-3-230.A states, "The purpose of the C-3 Zone District is to establish and
preserve areas for activities which provide goods or services for the benefit of the general
public or which require large amounts of space or high traffic volumes for generating
business. The C-3 Zone District shall be located, designed and operated in a manner that
minimizes the undesirable impacts on the area in which they are located."
All of the proposed uses are listed as either Uses Allowed by Right under Section 23-3-
230.B, Accessory Uses under Section 23-3-230.C and Uses by Special Review under
Section 23-3-230.D of the Weld County Code. These uses have been determined to fit
the intent of the C-3 Zone District.
Uses Allowed by Right that are requested include: vehicle repair/service establishments per
Section 23-3-230.B.4; warehousing per Section 23-3-230.B.6; sales and rentals of vehicles
and equipment per Section 23-3-230.B.7 & 8; contractor shop per Section 23-3-230.B.11;
outdoor storage per Section 23-3-230.B.15; and one (1) 70' telecommunication tower per
Section 23-3-230.B.16.
Accessory Uses that are requested include: one (1) mobile home for caretaker/security
personnel living quarters per Section 23-3-230.C.3.
Uses by Special Review that are requested include: uses listed as Uses Allowed by Right
in the I-1 (Industrial) Zone District per Section 23-3-230.D.2 (specifically, any use of a
research, repairing, manufacturing, fabricating, processing, assembling or storage nature
provided that the use is enclosed and screened per Section 23-3-310.B.1) and
commercial junkyard or salvage yard per Section 23-3-230.D.5.
C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the
existing surrounding land uses.
USR16-0026 - Hefner - Page 3 of 11
The surrounding land uses include similar uses to those proposed and existing on the
subject Lots. There are several other USRs and SPRs for outdoor storage, commercial
vehicle repair, auto salvage, commercial junkyards, manufacturing businesses, etc. within
and adjacent to the Althen-Boyer Commercial Unit Development which provides a
suitable location where these uses may be concentrated. Besides USR-1737 and
SPR12-0004, all of the USRs and SPRs mentioned hereafter are located within the
Althen-Boyer Commercial Unit Development.
PUDF16-0002 (2016) permits a construction equipment rental company and is located
northwest of the site (Lot 1 Althen-Boyer CUD). SPR-363 (2003) permits display buildings
and sales office and is located northwest of the site (Lot 2 Althen-Boyer CUD). USR-1761
(2012) permits commercial junkyard and salvage yard, sales and rental of vehicles and
equipment and vehicle service and repair and is located west of the site (Lot 3 Althen-
Boyer CUD). AMUSR-1476 (2007) permits commercial junkyard and salvage yard, sales
and rental of vehicles and equipment and vehicle service and repair and is located west of
the site (Lot 4 Althen-Boyer CUD). SPR13-0005 (2013) permits sales and rental of
vehicles and equipment and is located west of the site (Lot 5 Althen-Boyer CUD). USR-
1737 (2011) permits commercial vehicle storage and repair, agricultural service
establishment and one additional home and is located directly east of the site. SPR12-
0004 (2012) permits a trailer sales business and is located southwest of the site.
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 Dacono, the Town
of Erie, the City of Northglenn and the City and County of Broomfield. The City of
Northglenn in their referral comments, dated August 5th, 2016 indicated that they have no
concerns. The City and County of Broomfield provided information regarding the existing
right-of-way and that no access permits are required at this time per emails dated
February 2, 2017 and February 3, 2017. No responses were received from the Town of
Dacono and the Town of Erie.
The site is not located within any existing Intergovernmental Agreement Area (IGA) or
Urban Growth Boundary (UGB) of a municipality.
E. Section 23-2-220.A.5 -- The application complies with Chapter 23, Articles V and XI, of
the Weld County Code.
The site is located in the Geologic Hazard Overlay; Conditions of Approval and
Development Standards address compliance with this Overlay District.
The site is not located in the A -P (Airport) Overlay District.
The site is not located in a floodplain.
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 9.89 acres of Prime (Irrigated) -
Farmlands of National Importance per the 1979 Soil Conservation Service Important
Farmlands of Weld County Map.
USR16-0026 - Hefner - Page 4 of 11
The proposed USR will not further remove any prime agricultural land from agricultural
production. The lots are located within Althen-Boyer Commercial Unit Development,
those uses envisioned and existing in the subdivision are aimed for providing commercial
uses rather than agricultural and most of the lots are already being utilized for intensive
commercial purposes.
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 applicant shall address the requirements of Mountain View Fire Rescue, as stated in
the referral response dated August 26, 2016, letter dated February 22, 2017, and emails
dated February 27, 2017. Written evidence of such shall be submitted to the Weld County
Department of Planning Services. (Department of Planning Services)
B. Section 23-3-250.A.5.a of the Weld County Code states, "No more than eighty-five percent
(85%) of the total area of a lot in any Commercial Zone District shall be covered. Land shall
not be deemed covered if it is used for growing grass, shrubs, trees, plants or flowers or if
covered by decorative gravel or wood chips, or if it is otherwise suitably landscaped."
Section 23-3-250.A.5.b of the Weld County Code states, "That portion of a lot in any
Commercial Zone District which abuts a public or private street right-of-way shall be
landscaped for a distance of ten (10) feet, measured at a right angle from the lot line
towards the interior of the lot. Sidewalks and driveways may pass through the required
landscaped areas."
Therefore, the applicant shall provide a Landscape Plan for review and approval to the
Department of Planning Services that addresses Section 23-3-250.A.5 of the Weld County
Code. (Department of Planning Services)
C. The site is located in a Geologic Hazard Area. The applicant shall obtain a Geological
Hazard Development Permit from the Weld County Department of Planning Services that
also addresses the referral from the Colorado Geological Survey (CGS), dated August 31,
2016 which states that Lots 7 and 8 may contain openings to the Washington Mine. The
CGS recommended that these openings be located, plugged/stabilized, and sealed in
accordance with the Division of Reclamation, Mining, and Safety standards. The applicant
shall submit with their Geologic Hazard Development Permit, a report by a Professional
Geologist stating that the mine openings have been located, plugged/stabilized, and
sealed. (Department of Planning Services -Engineer)
D. A Final Drainage Report and Certification of Compliance stamped and signed by a
Professional Engineer registered in the State of Colorado is required. A Certification of
Completion to show the completed construction of the stormwater facilities is required, prior
to recording the plan. (Department of Planning Services -Engineer)
E. The map shall be amended to delineate the following:
1. All sheets of the map shall be labeled USR16-0026 (Department of Planning
Services)
USR16-0026 - Hefner - Page 5 of 11
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 screening including the six-foot metal
privacy fence. (Department of Planning Services)
6. The map shall delineate the lighting in accordance with Section 23-3-250.B.6 of the
Weld County Code. (Department of Planning Services)
7. The map shall delineate the location of the Mountain View Fire Rescue fire hydrant
and any easement associated with the fire hydrant.
8. The map shall delineate the location of the Central Weld County Water District meter
(# 3161 for Lot 8) and the water line easement (reception # 4229064).
9. The map shall delineate the location and layout of the areas for outdoor storage
including the layout of outdoor storage rows, aisle width and parking stalls.
(Department of Planning Services)
10. The map shall delineate the location of the areas for the commercial junkyard and
vehicle salvage yard. (Department of Planning Services)
11. The map shall delineate the location of existing buildings and gates. (Department of
Planning Services)
12. The map shall delineate the proposed location of the mobile home for
caretaker/security personnel living quarters. (Department of Planning Services)
13. The map shall delineate the location of the existing 70' telecommunication tower,
associated structures and the location of Amended Subdivision Exemption SE -928
Lot which contains the telecommunication tower. (Department of Planning Services)
14. 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)
15. The map shall delineate the parking area for the vendors, customers and employees
including ten (10) parking spaces and one (1) ADA (Americans with Disabilities Act)
parking space. Parking design shall adhere to Chapter 23, Article IV, Division I and
Appendices 23-A and 23-B of the Weld County Code. (Department of Planning Services)
16. Show and label all recorded easements and rights -of -way on the map by book and
page number or reception number. (Department of Planning Services)
17. Show and label the existing right-of-way for County Road 6 and the agreed upon City
and County of Broomfield access(es) on the map. (Department of Public Works)
18. Show and label the Geologic Hazard Area on the site plan. (Department of Planning
Services -Engineer)
19. The applicant shall show and label the accepted drainage features and drainage flow
arrows. Water quality features or stormwater ponds should be labeled as
USR16-0026 - Hefner - Page 6 of 11
"Stormwater Retention/Detention, No -Build or Storage Area" and shall include the
calculated volume. (Department of Planning Services -Engineer)
20. Show and label the parking and traffic circulation flow arrows showing how the traffic
moves around the property. (Department of Planning Services -Engineer)
2. Upon completion of Condition of Approval #1 above, the applicant shall submit one (1) electronic
copy (.pdf) of the plat for preliminary approval to the Weld County Department of Planning
Services. Upon approval of the plat the applicant shall submit a Mylar plat along with all other
documentation required as Conditions of Approval. The Mylar plat shall be recorded in the office
of the Weld County Clerk and Recorder by the Department of Planning Services. The plat shall
be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County
Code. The Mylar plat 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. 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)
7. Prior to the issuance of the Certificate of Occupancy:
A. An onsite wastewater treatment system is required for the proposed caretaker/security mobile
home residence and shall be installed according to the Weld County Onsite Wastewater
Treatment System Regulations. (Department of Public Health and Environment)
8. 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)
USR16-0026 - Hefner - Page 7 of 11
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Troy D. and Judy K. Hefner
USR16-0026
1. A Site Specific Development Plan and Use by Special Review Permit for commercial junkyard or
salvage yard and Uses Allowed by Right in the I-1 (Industrial) Zone District (specifically, any use of a
research, repairing, manufacturing, fabricating, processing, assembling or storage nature provided
that the use is enclosed and screened per Section 23-3-310.B.1) in the C-3 (Business Commercial)
Zone District. (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 for the service, repair, sales, junkyard and other associated commercial
business operations are 6:00 a.m. — 9:00 p.m. Monday — Sunday. 24 hour access is permitted by
electronic keypad entry for access to the outside storage areas. (Department of Planning Services)
4. The number of on -site employees shall be three (3). (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 landscaping/screening on the site shall be maintained. (Department of Planning Services)
8. Collocation of other antennas by other service providers shall be permitted on the telecommunication
tower. (Department of Planning Services)
9. Upon termination of the use of the communication antenna tower, the equipment shelter, antenna
structure, and any associated equipment shall be removed and the premises restored to its original
condition according to the Decommissioning Plan. (Department of Planning Services)
10. 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)
11. Lot 8 is the only parcel included in the Northern Colorado Water Conservancy District Petition and
water from the new Central Weld County Water District tap installation cannot be used on Lot 7 or Lot
9. Any future development on Lots 7 or 9 requires its own CWCWD tap. (Department of Planning
Services)
12. 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)
13. 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)
14. 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)
USR16-0026 - Hefner - Page 8 of 11
15. All potentially hazardous chemicals must be handled in a safe manner in accordance with product
labeling. All chemicals must be stored secure, on an impervious surface, and in accordance with
manufacturer's recommendations. (Department of Public Health and Environment)
16. 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)
17. 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)
18. 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)
19. Any vehicle washing area shall capture all effluent and prevent discharges in accordance with the
Rules and Regulations of the Water Quality Control Commission, and the Environmental Protection
Agency. (Department of Public Health and Environment)
20. The applicant shall acquire an Air Pollution Emission Notice (A.P.E.N.) and Emissions Permit
Application from the Air Pollution Control Division, Colorado Department of Public Health and
Environment, as applicable. (Department of Public Health and Environment)
21. Adequate drinking, hand washing and toilet facilities shall be provided for employees and patrons, at
all times. For 10 or less customers per day or 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)
22. Any septic system located on the property must comply with all provisions of the Weld County Code,
pertaining to On -site Wastewater Treatment Systems. A permanent, adequate water supply shall be
provided for drinking and sanitary purposes. (Department of Public Health and Environment)
23. 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)
24. The property owner shall control noxious weeds on the site. (Department of Public Works)
25. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Department of Public Works)
26. The historical flow patterns and runoff amounts on the site will be maintained. (Department of
Planning Services - Engineer)
27. Weld County is not responsible for the maintenance of onsite drainage related features. (Department
of Planning Services - Engineer)
28. All projects occurring in a Geologic Hazard Area as delineated by the Colorado Geological Survey
shall comply with Overlay District requirements of Chapter 23, Article V, Division 2 of the Weld
County Code. (Department of Planning Services -Engineer)
29. 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)
USR16-0026 - Hefner - Page 9 of 11
30. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code.
31. 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.
32. 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.
33. 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.
34. 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.
35. 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.
USR16-0026 - Hefner - Page 10 of 11
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.
USR16-0026 - Hefner - Page 11 of 11
January 31, 2017
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.co.weld.co.us
E-MAIL: mhall@weldgov.com
PHONE: (970) 353-6100, Ext. 3528
FAX: (970) 304-6498
HEFNER JUDY
370 CR 16.5
LONGMONT, CO 80504
Subject: USR16-0026 - A Site Specific Development Plan and Use by Special Review Permit for
commercial junkyard or salvage yard and Uses Allowed by Right in the I-1 (Industrial) Zone District
(specifically, any use of a research, repairing, manufacturing, fabricating, processing, assembling or
storage nature provided that the use is enclosed and screened per Section 23-3-310.B.1) in the C-3
(Business Commercial) Zone District.
On parcel(s) of land described as:
LOT 7, LOT 8 AND LOT 9 ALTHEN-BOYER COMMERCIAL UNIT DEV 2ND FILING; PART OF
SECTION 23, TIN, R68W OF THE 6TH P.M., WELD COUNTY, COLORADO.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on March 21, 2017, at 12:30
p.m. A subsequent hearing with the Board of County Commissioners will be held on April 5, 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.weldcountyplanninqcases.orq
If you have any questions concerning this matter, please call.
Respectfully,
ichael Hall
Planner
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.co.weld.co.us
E-MAIL: mhall@weldgov.com
PHONE: (970) 353-6100, Ext. 3528
FAX: (970) 304-6498
August 03, 2016
HEFNER JUDY
370 CR 16.5
LONGMONT, CO 80504
Subject: USR16-0026 - A Site Specific Development Plan and Use by Special Review Permit for a
commercial junkyard or salvage yard, vehicle repair/service, vehicle sales and rentals, contractor shop,
warehousing, outdoor storage (RVs, automobiles, boats, trailers, semi -trailers, equipment, containers,
vehicle parts), one (1) mobile home for caretaker/ security personnel living quarters, one (1) 70'
telecommunication tower, and uses listed as Uses Allowed by Right in the I-1 (Industrial) Zone District,
provided that the use is enclosed and screened (any use of a research, repairing, manufacturing,
fabricating, processing, assembling or storage nature) in the C-3 (Business Commercial) Zone District.
On parcel(s) of land described as:
LOT 8 ALTHEN-BOYER COMMERCIAL UNIT DEV 2ND FILING; PART OF SECTION 23, T1 N, R68W
OF THE 6TH P.M., WELD COUNTY, COLORADO.
LOT 9 ALTHEN-BOYER COMMERICAL UNIT DEV 2ND FILING; PART OF SECTION 23, T1 N, R68W
OF THE 6TH P.M., WELD COUNTY, COLORADO.
LOT 7 ALTHEN-BOYER COMMERCIAL UNIT DEV 2ND FILING; PART OF SECTION 23, T1 N, R68W
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:
Dacono at Phone Number 303-833-2317
Erie at Phone Number 303-926-2700
Northglenn at Phone Number 303-450-8709
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.
Page 2 of 2
If you have any questions concerning this matter, please call.
Respectfully,
Michael Hall
Planner
Digitally signed by Kristine Ranslem
Date: 2016.08.03 15:41:52 -06'00'
FIELD CHECK
Inspection Date: 03/08/2017
Case Number: USR16-0026
Applicant: Troy D. and Judy K. Hefner
Request: A Site Specific Development Plan and Use by Special Review Permit for
commercial junkyard or salvage yard and Uses Allowed by Right in the I-1
(Industrial) Zone District (specifically, any use of a research, repairing,
manufacturing, fabricating, processing, assembling or storage nature
provided that the use is enclosed and screened per Section 23-3-310.B.1)
in the C-3 (Business Commercial) Zone District.
Legal
Description:
Lots 7, 8 & 9 of the Althen-Boyer Commercial Unit Development, 2nd
Filing; being a part of Section 23, T1N, R68W of the 6th P.M., Weld
County, Colorado
Location: North and adjacent to County Road 6 & approximately 0.25 miles east of
the east 1-25 Frontage Road
Total Size
of Parcels:
+/- 9.89 acres
Parcel Numbers: 1467-23-0-00-071
1467-23-0-00-066
1467-23-0-00-073
Zoning
Land Use
N
C-3 (Business Commercial)
r
N
Agriculture / Vacant
E
A (Agricultural)
E
Agriculture / Commercial / Residential
S
Broomfield Zoning
S
Agriculture / Vacant
W
C-3 (Business Commercial)
W
Commercial Subdivision
COMMENTS:
The site contains an RV/outdoor storage business that operates on all three lots as AARV
(Affordable Auto & RV Storage). Specialized Automation Services (SAS) and Jeeps Unlimited
operate out of Lot 8 including the existing building on Lot 8. The entire site (all three lots) are
fenced with an approximately 6 -foot tall corrugated white metal fence. The fence appears to be
on the property lines. The internal layout and details of the site are partially obscured from visual
inspection because of the fence. There is no landscaping or visible trees. The access for the
site comes from CR 6 (Broomfield ROW) onto a private subdivision road. There is an entrance
gate with keypad to enter into Lot 7 (AARV). There is existing non -improved parking area for the
other businesses and a small dumpster south of the building. There are two gated entrances off
of the private road going east into Lot 8. There is a telecommunication tower in the southwest
portion of Lot 7.
ter// 3/1/17
Michael Hall, Planner
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