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Home My WebLink About20174030.tiffEXHIBIT INVENTORY CONTROL SHEET Case USR17-0051 - ANDREW CALL AND SAMANTHA GRIFFITH Exhibit Submitted By Description A. Planning Commission Resolution of Recommendation B. Planning Commission Summary of Hearing (Minutes dated 12/5/2017) C. Planning Services PowerPoint Presentation D. Applicant's Attorney Letter and supporting Exhibits A -J E. F. G. H. I. J. K. L. M. N. O. P. Q. R. S. T. U. V. W. 2017-4030 t Plat Aerial Down? •4•• ptc.4. •f:. o• hetu D.dw ►y tamp OlevMg C mart re! bon al Cant Cawrisavvri Bonk IrisSc A•• NW' w WELD COUNTY ADMINiSTRATijN SUJtJNNG 1134 "O" Strnt • Grimy. CO 80411 fridrablha Correa' Rodlog ell bur *'S4 .Y ! wLice • Agoicrr letelitiolkwaifrAfttives A fN ip— O•w••pwr A Ass and IS 10 Opedel halve tined tar • ow posed a • Um *Ma. at Anon IX►••aurti Ueda.dnaisdu Wsesi relan boo NIS NMw• Wrwsra• Staid•y ~dad OM rr PS, be me • Mr••approved ••wordedSae prvM•pas •1•ro••ids IleMsr* w SpinMeft Sea arse SusMrrA1 ein4d~rMd >r`nv, Cam. : , t _tfl _r is-"1.Ya ors.. r+r.,..j r. r.. -/ . _ • 45. • I IS _ Public hearings concerning this property will be heard before the County Planning Commission and Board of County Commissioners. Both hearings will be held at: ' ELD COUNTY ADMINISTRATIO N BUILDING 1150 "0" Street • Greeley, CO 80631 Planning Commission Hearing will be held on CerneStialiFL '' 20 ; at:a:L.1CP Board of County Commissioner Hearing will be held on (coact -meet at: � , A,, Applicant: ,64110“: Request A Site Specific Development ,Plan and Use by Special Review Permit for a Use permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the Commercial or industrial Zone Districts (Landscape Maintenance Business) provided that the property is not a lot in an approved or recorded subdivision plat or lots part of a map or plan filed prior to adoption of any regulations controlling subdivisions in the A (Agricultural) Zone District Case Number Ititml • COPIA Acres: It 44 4� FOR FURTHER INFORMATION PLEASE CONTACT W Vtsift 06'E AT THE WELD COUNTY DEPARTMENT OF PLANNING SERVICES. AT 970-363-6100, ext, ►PIS' ll For Additional Information visit www_weldcountyplanning ses.org a NC- Site Access Road /Easement View Looking east on County Road 10 View Looking East onto Wilder property, USR17-0035 View looking north onto Call Property and of access and utility easement Esther Gesick T<<: Subj ct: Attachments: Kim Ogle Wednesday, December 20, 2017 5:38 AM Esther Gesick FW: letter regarding USR17-0051 USR17-0051 - Letter to Weld County Board of County Commissioners (with exhibits) (00280479xA 14 B2). pdf Esther Attached is the letter for inclusion in the case file from the Attorney representing Mr. Powell It is 56 pages in length and includes photographs. Thank you. Kim Kim Ogle Planner Weld County Planning Services 1555 North 17th Avenue Greeley/ Colorado 80631 970.400.3549 Direct 970.353.6100 x 3540 Office kogle@weldgov.com ...., . aw... 0951, PI^..wave. .......... From: Kate Keiser[mailto:kate@packarddierking.com] Sent: Tuesday, December 19, 2017 5:56 PM To: Kim Ogle <kogle@weldgovocom> Cc: gelbviehs@yahoo.com Subject: letter regarding USR17-0051 Hi Kim, Please find attached a letter regarding USR17-0051 on behalf of Michael Powell, to be made a part of the official record regarding this Use By Special Review. The file is large; please confirm receipt. I will also bring a hard copy to tomorrow's hearing. I appreciate your help tracking down the record relating to this USR and look forward to meeting you tomorrow. Best regards, Kate 1 ATTORNEYS A T Kate@PackardDierking.com I Website I vCard Kathryn Da Keiser Attorney 2595 Canyon Blvd., Suite 200 Boulder, CO 80302 Phone: 303.447.0450 Fax: 303.447.0451 NOTICE: This message and its attachments are confidential and may contain legally privileged information. Any unauthorized use or dissemination is prohibited. Please notify the sender if you have received this message in error. a JJ.d ATTORNEYS AT LAW KATHRYN D. KEISER Kate@packarddierking.com December 19, 2017 Board of County Commissioners Weld County 1150 O Street P.O. Box 758 Greeley, CO 80631 Re: US.R17-0051 Application for Use by Special Review Dear Board of County Commissioners: This Letter is submitted to the Board of County Commissioners (the "Board") on behalf of Michael Powell, a resident of 2111 Weld County Road 10, Erie, Colorado, 80516, regarding the Planning Commission's recommendation of approval of Use by Special Review Application USR 17- 0051, Andrew and Samantha Call, applicants (the proposed use and application for which are henceforth referred to as the "Call Application"). Mr. Powell requests that this letter be incorporated into the official record relating to the Call Application. For the reasons outlined below, Mr. Powell believes that the Planning Commission (the "Commission") and the Department of Planning Services (the "Department") erred in its recommendation of approval of the Call Application. Mr. Powell further objects to the approval of the Call Application as a concerned resident of the County and as a landowner adjacent to the proposed use, for reasons more fully described herein. Mr. Powell purchased the aforementioned property in October 2011, because he wanted to reside in Weld County's rural agricultural community. He was attracted by the County's self - professed "Tight to Farm" philosophy, and accordingly believed that the rural, agricultural use of the neighborhood would be preserved. Since that time, several unwelcome commercial and industrial uses of neighboring property have been approved by the County. Mr. Powell is witnessing a steady conversion of neighboring property to commercial and industrial use, contrary to the ideals codified in the Weld County Code (the "Code"). The current proposed use requested in the Call Application would replace what was once a wide-open agricultural space with a multi -vehicle parking lot, portable toilets, piles of landscaping materials, and dramatically increased vehicular traffic and noise — uses wholly unrelated to the agricultural purpose to which the property was intended, and all within plain sight and earshot of Mr. Powell's property.. As further explained herein, the Call Application is incomplete, and the the proposed use contained therein violates the standards promulgated by the Weld County Code and Comprehensive {002804 72.DOCX:1 }. Packard and Dierking, LLC WaterStreet 2595 Canyon Boulevard Suite 200 Boulder., Colorado 80302 Attorneys at Law "Voice: 30 3.447.0450 Fax: 303.447.0451 www.packarddierking.com December 19, 2017 Page 2 Plan. The Department erred in recommending approval of the Call Application to the Commission, which further erred in its recommendation of approval to the Board of County Commissioners. These recommendations are inconsistent with the applicable provisions of theCode. in addition, there are several considerations that Mr. Powell wishes to bring to the Board's attention in its final determination regarding the Call Application. Accordingly, Mr. Powell respectfully requests that the Board of County Commissioners of Weld County deny the Call Application for Use by Special Review. L Procedural Issues with the Planning Commission's Recommendation for Approval ao The Call Application contained insufficient detail to allow the Planning Commission to make an informed recommendation of approval to the Board of County Commissioners. Weld County Code § 23-2-210 sets forth the duties of the Department with respect to applications for Use by Special Review, it provides that the Department shall determine that the application is complete and that all requirements are met. Id. Weld County Code § 23-2-260 sets forth the requirements with which a petitioner for Use by Special Review must comply. These requirements are intended to give the petitioner an opportunity ;pP ortuni to demonstrate how the proposal complies with the standards set forth in Chapter 23 of the Code. § 23-2- 260(A). The proposal is to include: a statement explaining the consistency of the proposed use with the Comprehensive Plan of Weld County, as set forth in Chapter 22 of the Code; the consistency of the proposed use with the intent of the zoning district in which the use is located; the compatibility of the proposed use with existing surrounding land uses; and the compatibility of the proposed use with the future development of the zone and surrounding area as projected by the Comprehensive Plan and the adopted master plans of affected municipalities. Id. The proposal must also show that the applicant has made a diligent effort to conserve prime agricultural land in the locational decision for the proposed use, and that adequate provision has been made for the health, safety, and welfare of the inhabitants of the neighborhood and county. Id. In addition, the Use by Special Review Questionnaire requests that the petitioner provide a detailed explanation of the proposed use of the for which property the Use by Special Review is requested.' Additionally, the Code requires the petitioner to submit general information, including, in relevant part, the following: See: https://www.weidgov.comitherFlies/Serversiserver 6/File/Departments/Planning%20&%20Zoning/Land%2OUse%20App lications%20and%20Assistance/Land%20Use%20Applicatians/Applications/USR.pdf, page 8. {00280472.DOOX:1) December 19, 2017 Page 3 1. Existing land use of the parcel under consideration (§ 23-2-260(B)(5)); 2. Existing land uses of all properties adjacent to said parcel (§ 23-2-260(B)(6)); 3. A certified list of the names, addresses and the corresponding Parcel Identification Numbers assigned by the County Assessor of the owners of property (the surface estate) within five hundred (500) feet of the property subject to the application. The source of such list shall be the records of the County Assessor, or an ownership update from a title or abstract company or attorney derived from such records, or from the records of the County Clerk and Recorder. If the list was assembled from the records of the County Assessor, the applicant shall certify that such list was assembled within thirty (30) days of the application submission date (§ 23-2-260(B)(9)); 4. The written certification required by Section 24-65.5-103.3, C.R.S., if applicable. Such certification may be submitted on the date of the initial public hearing referred to in Section 24-65.5-103(1), C.R.S. (§ 23-2-260(B)(10)); 5. The applicant shall provide the Department of Planning Services with a certificate from the County Treasurer showing no delinquent taxes for the parcel area (§ 23-2- 260(B)(11)); and 6. The applicant shall submit to the Department of Planning Services a copy of an agreement with the mineral owners associated with the subject property. Such agreement shall stipulate that the oil and gas activities on the subject property have been adequately incorporated into the design of the site, OR shall provide written evidence that an adequate attempt has been made to mitigate the concerns of the mineral owners on the subject property (§ 23-2-260(B)(13)). The Code also requires the petitioner to provide the following supporting documents: 1. Type of use for which the application is being made (§ 23-2-260(C)(1)); 2. Proximity of the proposed use to residential structures (§ 23-2-260(C)(2)); 3. The number of shifts to be worked and the maximum number of employees (§ 23-2- 260(C)(3)); 4. The maximum number of users, patrons, members, buyers or other visitors that the use by special review facility is designed to accommodate at any one time (§ 23-2-260(C)(4)); 5. Type, size, weight and frequency of vehicular traffic and access routes that will be utilized § 23-2-260(C)(8)); (00280472 December 19, 2017 Page 4 6. Size of stockpile, storage, or waste areas to be utilized (§ 23-2-260(C)(10)); 7. Method and time schedule of removal or disposal of debris, junk, and other wastes associated with the proposed use (§ 23-2-260(C)(11)); 8. Proposed landscape plans (§ 23-2-260(C)(13)); 9, A statement delineating the need for the proposed use (§ 23-2-260(C)(15)); 10. A description of the proposed fire protection measures (§ 23-2-260(C)(16)); and 11. Such additional information as may be required by the Department, the Commission or the Board in order to determine that the application meets the requirements of Chapter 23 and the policies of Chapter 22 of the Code. The Code further requires the submission of a Special Review Permit Plan Map, consisting of a "Vicinity Map" drawn on a "Special Review Permit Plan Map" and a "Plot Plan" of the Use by Special Review Area. § 23-2-260(D). The Vicinity Map is to be drawn to a scale where one inch equals two thousand feet, unless otherwise approved by the Department. § 23-2-260(D)(4)(a). In relevant part, the Vicinity Map must show the section, township, and range of the property proposed for the Use by Special Review; contain a scale; provide the general classifications and distributions of soils over the parcel under consideration; name all roads, locations, irrigation ditches, and water features; and show the location of all residences within a half -mile radius. § 23-2-260(D)(4)(c). The Plot Plan must further show, in relevant part, adjacent property lines and respective owners' names (unless shown on the Vicinity Map); topography at two -foot contour intervals; location and design of stormwater management devices or structures; complete traffic circulation and parking plan showing locations and sizes; and the location, amount, and size of any proposed landscape material. § 23-2- 260(D)(5)(c). Finally, the Code requires certain supporting information and documentation to be submitted as part of the application. In relevant part, this documentation includes: a noise report, unless waived by the Department, documenting the methods to be utilized to meet the applicable noise standard; and a soil report of the site prepared by the Natural Resource Conservation Service or by a soils engineer or scientist, including a plan for mitigation of soil limitations, if applicable. §§ 23-2- 260(E)(4) and 23-2-260(E)(5). The Call Application is deficient in each of the above points. Some of these deficiencies are discussed below. {00280472.DOCX:1 } December 19, 2017 Page 5 With respect to the general information required under § 23-2-260(A), the Call Application does not include a statement explaining its consistency with the Comprehensive Plan of Weld County. It includes only a statement that it is "bringing another small business to Weld County as well as more job opportunities [sic]." See Use by Special Review (USR) Application attached hereto as Exhibit A. This statement is inconsistent with Weld County's Comprehensive Plan, which reflects a strong desire to preserve and respect the County's agricultural tradition to the greatest extent possible and to preserve a balance between landowner rights and community health, safety, and welfare. See §§ 22-1-120(A) and (B). Further, the Call Application is inconsistent with the Comprehensive Plan of the neighboring Town of Erie, which designates the Property as "rural residential." See Weld County Referral to Town of Erie Planning and Development, completed on October 5, 2017, attached hereto as Exhibit B. The Call Application makes no references to conservation of prime farmland, and shows no consideration for the health, safety, and welfare of the inhabitants of the neighborhood and County. Finally, the Call Application lacks a detailed explanation of the proposed use of the Property, stating only that it "will be used as our primary residence as well as to run our landscape business." The Call Application provides no detail as to what the running of a landscape business would entail, nor does it address (or reference plans to mitigate) adverse impacts to the surrounding neighborhood. The Call Application also fails to include the "general information" required under § 23-2- 260(B). It does not describe the existing land use of the Property, nor does it describe the existing land uses of all properties adjacent to the Property. No certified list of the names and parcel identification numbers assigned by the County Assessor of the owners of neighboring property were included with the official record of the Call Application, as required by § 23-2-260(B)(9). There was no written certification from the holders of the mineral estate as required by § 23-2-260(B)(10) or agreement as required by § 23-2-260(B)(13), nor was there a statement included that these requirements are not applicable to the Property. Also missing from the official record is a certification from the County Treasurer that there are no delinquent taxes for the Property, as required by § 23-2-260(B)(11). A significant amount of supporting documentation required by § 23-2-260(C) is also missing from the official record of the Call application. As discussed above, a detailed description of the type of use proposed by the application is missing. The application makes no mention of the proximity of the proposed use to residential structures. It provides a range of employees, but provides no maximum number of employees, users, or other visitors that may be on the Property at any one time, as required under the Code. It proposes a number of vehicular round trips, but it does not list the size or weight of the vehicles that will use the private easement road or park on the Property. The Call application also fails to include a method and time schedule for waste removal associated with the proposed use, including that related to the portable toilet it proposes be kept on {00280472.DOCX:I December 19, 2017 Page 6 the property, in plain view of neighbors. It states no proposed landscape plans, nor does it describe proposed fire protection measures. Finally, it does not provide a statement delineating the need for the proposed use. The Special Review Permit Plan Map included with the Call Application, as reflected in the Official Record, is also deficient. The Vicinity Map is not drawn to the scale specified in the Code, and there is no evidence of special approval by the Department of Planning Services. It does not show the section, township, and range of the property proposed for the use, contains no scale, and does not show soil detail or the location of neighboring improvements, roads, and residences within a half -mile radius. The Plot Plan does not show the neighboring property lines or owners' names. It does not show topography or stonnwater management. The drainage plan submitted with the Call Application also fails to show topography, and it is unclear whether the plan was made prior or subsequent to the beiuiing and landscaping of the property surrounding the Call residence, which significantly altered the original topography of the Property. Finally, despite the fact that the Call Application proposes a parking area and materials storage on the Property, the parking plan and storage areas are not shown in the Plot Plan. The Call Application should have been rejected by the Department and the Commission for its incompleteness. II. Substantive Issues with the Planning Commission's Recommendation for Approval a. The Department of Planning Services and the Planning Commission erred in finding that the Call Application satisfied the substnative standards, requirements, and conditions set forth in the Weld County Code. Section 23-2-220(A) of the Weld County Code provides, in relevant part, that the Commission approve the request for the Special Review Pennit only if it finds that the applicant has met the standards or conditions of §§ 23-2-240 (design standards) and 23-2-250 (operation standards) and demonstrates that (in relevant part): 1. The proposal is consistent with Chapter 22 of the Code and any other code provisions or ordinances in effect (§ 23-2-220(A)(1)); 2. The proposal is consistent with the intent of the district in which the use is located (§ 23-2-220(A)(2)); 3. The uses which would be permitted will be compatible with the existing surrounding land uses (§ 23-2-220(A)(3)); {00280472.©OCX: ] } December 19, 2017 Page 7 4. The uses to be permitted will be compatible with future development of the surrounding area as permitted by existing zoning and with the future development as projected by Chapter 22 of the Code or master plans of affected municipalities (§ 23-2-220(A)(4)); 5. If the use is proposed to be located in the A (Agricultural) Zone District, the applicant has demonstrated a diligent effort has been made to conserve prime faiinland in the locational decision for the proposed use (§ 23-2-220(A)(6)); 6. That there is adequate provision for the protection of the health, safety and welfare of the neighborhood and the County (§23-2-220(A)(7)). The Call Application fails these substantive tests on a number of points, including, but not limited to, those discussed below. The Call Application is not consistent with the Weld County Comprehensive Plan, as set forth in Chapter 22 of the Code. Specifically, the proposed use of the Property is not consistent with the Comprehensive Plan's emphasis on preservation of the County's agricultural tradition. Weld County is a "Right to Farm" county, and the conversion of prime fauuland to commercial or industrial use is not compatible with the goals and ideals set forth in Chapter 22. As discussed above, the Call Application does not provide any support for an assertion that the proposed use is compatible with the Comprehensive Plan. The Commission should have requested additional information from the applicant to substantiate a finding of consistency with the Comprehensive Plan. The Call Application is not consistent with the intent of the zoning of the district in which the proposed use is located. The Code defines the A (Agricultural) Zone District as a zone "established to maintain and promote agriculture as an essential feature of the County...intended to provide areas for the conduct of agricultural activities and activities related to agriculture and agricultural production without the interference of other, incompatible land uses...the A (Agricultural) Zone District regulations are established to promote the health, safety, and general welfare of the present and future residents of the County." § 23-2-10. The Call Application proposes a use that is fundamentally inconsistent with the intent of the uses in the A (Agricultural) Zone District, and provides no support for a finding by the Commission that such uses are compatible with current zoning. The uses proposed in the Call Application are also incompatible with the current surrounding land uses, insofar as at least one neighboring property is used solely for agricultural and residential purposes consistent with current zoning. The Call Application states that "there are many other home based businesses in the area including landscaping, horse arenas, motorcycle repair, a gutter company, (00280472. DOCK: 1) December 19, 2017 Page 8 just to name a few. These are all home based businesses which are in line with what we are asking for [sic]." See Exhibit A. However, the Call Application fails to mention the neighboring uses that are consistent with current zoning. Ignoring these existing compatible uses is improper. The neighbors utilizing their property consistent with current zoning have a right to be shielded from uses which are fundamentally inconsistent with agricultural use. The Call Application proposes a number of adverse features incidental to the proposed use, including, but not limited to, storage of unsightly landscaping materials on the property, a parking lot, increased traffic and noise, and a portable toilet. The Call Application does not propose any screening or other efforts to protect these neighboring uses from the adverse impacts of its proposed use. The Commission erred in determining that the use proposed in the Call Application was consistent with existing surrounding land uses. In addition to its incompatibility with the Weld County Comprehensive Plan, the proposed use in the Call Application is inconsistent with the future development of the Town of Erie. Pursuant to Code § 23-2-210(B)(a), the Department properly requested comments from the. Town of Erie, whose boundaries are within a three-mile radius of the Property. The Planning and Development department of the Town of Erie returned the County inquiry and stated that "We have reviewed the request and find that it does not comply with our Comprehensive Plan because: landscaping business is not a preferred use within the "RR" — Rural Residential land use designation." See Weld County Referral to the Town of Erie, attached hereto as Exhibit B. However, despite this clear objection from the Town of Erie, the Land Use Application Summary Sheet dated December 5, 2017, recommending the approval of the Call Application to the Commission, states that: "The Department of Planning Services' staff has received referral responses without comments from the following agencies," and includes the Town of Erie in this list. See Land Use Application Summary Sheet dated December 5, 2017, attached hereto as Exhibit C. As discussed above, the Call Application makes no reference to prime farmland, or the conservation thereof. The Commission could not, therefore, have concluded that the Call Application demonstrated a "diligent effort" made to conserve prime farmland, as required by the Code. Finally, the Commission could not have reasonably concluded that the Call Application made adequate provisions for the protection of the health, safety, and welfare of the neighborhood and the County. There are numerous adverse impacts to health, safety, and welfare in the proposed use,. including, but not limited to, unsightly storage of landscaping materials, increased traffic volume, increased noise, a parking area, and a portable toilet. The CalI Application does not propose any measures to negate, or even mitigate, these adverse impacts. For these reasons, the Depai t[trent erred in its recommendation of approval of the Call Application to the Commission, and the Commission erred in its approval of the same. The {00280472.DOCX:11 December 19, 2017 Page 9 Department and Commission could not reasonably conclude, based on the Call Application and the official record, that the Call Application complied with the requirements of § 23-2-220. b. The Department of Planning Services and the Planning Commission erred in their recommendations of approval of the Call Application because the Call Application failed to demonstrate compliance with the design or operation standards required by §§ 23-2-240 and 23-2-250 of the Code. Section 23-2-240(A) requires an applicant for Use by Special Review to demonstrate compliance with the following design standards (in relevant part): 1 Adequate fire protection measures are available on the site for the structures and facilities permitted (§23-2-240(A)(4)); 2. All parking and vehicle storage shall be provided on the site; an adequate parking area shall be provided to meet the parking needs of employees [and] company vehicles (§ 23-2- 240(A)(6)); 3. Ingress and egress shall not present a safety hazard to the traveling public, and uses generating large, slow -accelerating vehicles, acceleration and deceleration lanes may be required to mitigate a potential traffic hazard (§ 23-2-240(A)(8)); 4. Buffering or screening of the proposed use from adjacent properties may be required to make a determination of compatibility with surrounding uses (§ 23-2-240(A)(10)); and 5. Uses by Special Review in the A (Agricultural) Zone District shall be located on the least prime soils on the property in question unless the applicant can demonstrate why such a location would be impractical or infeasible (§ 23-2-240(A)(l 1)). Section 23-2-250 further requires an applicant for a Special Review Permit to demonstrate conformance with certain operation standards in its application. These include standards regarding noise, air quality, water quality, lighting, etc. The burden is on the applicant to demonstrate compliance. The Call Application does not demonstrate compliance with these design or operation standards and requirements, nor does it contain sufficient information to support a conclusion by the Department or Commission that these design standards requirements have been or were likely to be met under the proposed use. As discussed below, there is insufficient evidence that adequate fire protection measures are available for the proposed use on the Property. The maps submitted with the application do not delineate a designated parking area, and the application simply states that the parking shall be located in the northeast corner of the property. The Call Application does not adequately address the potential traffic impacts created by the proposed use. It requests that it be exempt from the requirement of {00280472.DOCX: i } December 19, 2017 Page 10 screening or buffering of the use from adjacent properties, without demonstrating any rationale for this request. Finally, as discussed elsewhere in this letter, the Call Application makes no reference to any soil study, nor does it demonstrate any effort to locate the use on the least prime soils on the property. c. The Department of Planning Services erred in its preparation of staff comments for use by the Planning Commission, because it did not reflect comments from referral agencies concerned about the proposed use. As stated above, the Department is charged with the determination of the completeness of all applications for Use by Special Review. § 23-2-210(A). Upon deciding that the application is complete, it is directed to refer the application to certain agencies for review and comment, including, but not limited to: 1. The planning commission or governing body of any town and county whose boundaries are within a three-mile radius of the parcel under consideration for a Use by Special Review Permit (§ 23-2-210(B)(1)(a)); 2. The appropriate fire district (§ 23-2-210(1)(t)); and 3. Any other agencies or individuals whose review the Department of Planning Services, Planning Commission, or Board of County Commissioners deems necessary (§ 23-2- 210(B)(1)(v)). These agencies are provided with the "Weld County Referral" form, which briefly describes the proposed use, the property subject to the use, and the name of the applicant. It invites the agency to provide its comments and recommendations relevant to the request. It further provides check boxes to simplify the process of providing the solicited feedback. The agency may check the first box, indicating that the request does or does not comply with the agency's comprehensive plan; the second box, stating that the request does not conflict with the agency's interests; and/or the third box, allowing the agency to attach comments to the form. The Department is directed to incorporate these agency comments into a recommendation to the Commission regarding the application and its consistency with the standards and requirements of Chapter 23 of the Code. The Land Use Application Summary Sheet referenced above and attached hereto as Exhibit C states that "the Department of Planing Services' staff has received referral responses without comments from the following agencies" and includes in this list the Town of Erie, the Boulder Valley Conservation District, and Mountain View Fire Rescue. In fact, each of the above -named agencies did provide comments on the Call Application. These comments are attached as Exhibits B, D, and E. {00280472_DOCX:] } December 19, 2017 Page 11 As discussed above, the Town of Erie noted that the proposed use "does not comply" with its Comprehensive Plan because a "landscaping business is not a preferred use within the 'RR' — Residential land use designation." The Boulder Valley Conservation District attached a Site Review Memo to its referral, dated October 3, 2017, suggesting that the Department of Planning Services include a requirement that ditch water be protected from runoff from construction and grading activities and business operations and associated chemicals. Finally, and crucially, rather than simply checking the box indicating that the proposed use does not conflict with its interests, the Mountain View Fire District attached comments to its referral form stating, "we do not object to the use of the site for storage of landscape materials and equipment." This comment appears to distinguish storage of equipment and materials from the proposed business use of the property, and should not be interpreted as an approval of the proposed use contained in the Call Application. It was improper for the Depai tment to disregard the comments of any of the agencies to whom the referral form was sent, and the Department and the Commission should not have approved the Call Application over the concerns these agencies raised. III. Additional Considerations Regarding the Call Application. Mr. Powell wishes to bring the following concerns to the attention of the Board of County Commissioners, which relate to the compatibility of the Call Application with the County's Comprehensive Plan, existing land uses, and the health, safety, and welfare of the inhabitants of the neighborhood and County, as set forth in § 23-2-230(B). This section, together with its subparts, provides that the Board shall approve a request for Special Review Permit only if it finds that the applicant has met the standards and conditions contained therein.- Id. Section 23-2-230(C) provides that, where reasonable methods or techniques are available to mitigate any negative impacts which could be generated by the proposed use upon the surrounding area, the Board may condition the decision to approve the Special Use Permit upon implementation of such methods or techniques and may require sufficient performance guarantees to be posted with the County to guarantee such implementation. The purpose of this letter is to demonstrate the procedural and substantive inadequacies relating to the Call Application and its review, and to show that there is an inssuficient basis in the Code to warrand Board approval. These additional considerations are offered in support of this argument. However, if the Board does approve the Call Application over the objections contained herein, these considerations are offered to establish minimum requirements for the Board's conditional approval. The Call Application states that there will be "some outdoor storage of small amounts of mulch, soil, natural stone, etc." on the property. See Exhibit A. However, the minutes from the Planning Commission Meeting, attached hereto as Exhibit F, reflect Mr. Call's proposal to store mulch, topsoil, and rock on the site, with the dimensions of a typical pile as ten to {00280472.DOCX:1) December 19, 2017 Page 12 twelve feet by ten to twelve feet. Piles of 144 cubic feet are not appropriately characterized as "small." Despite these significant dimensions, no screening or means of containing these loose materials was required by the Commission. This is contrary to requirements contained in other approved Uses by Special Review2, and contrary to the concern raised by Weld County Environmental Health Services that fugitive dust and blowing debris be contained. See, e.g., Memorandum from Ben Frissell, Environmental Health Services, dated October 16, 2017, attached hereto as Exhibit G. This storage is incompatible with the requirement of consistency with existing and surrounding land uses, and with the health, safety, and welfare of the neighborhood and community. 2. The Call Application states that it will contain a parking lot, vehicle storage, landscaping materials storage, and a portable toilet to be located in a location imprecisely described as the "northeast" corner of the property. These uses are not compatible with the requirement of consistency with existing and surrounding land uses, and with the health, safety, and welfare of the neighborhood and community. If the Board believes that these uses are consistent with the Code, Mr. Powell requests that they be located on the south side of the Property, to be nearer to the existing and proposed adjacent commercial uses surrounding the Property, rather than abutting his residential use. Mr. Powell suggests two alternative proposed locations for these uses in the Proposed Site Map attached as Exhibit H. 3. The Call Application requests that any screening required for approval of the application be comprised of natural materials, such as trees and shrubs. It further asserts that "no screening is proposed as there are currently some trees and shrubs blocking the neighboring property." Photographs of these existing shrubs are attached as Exhibit I. These trees and shrubs are on Mr. Powell's property, and are grossly inadequate to screen his property from the proposed use in the Call Application. If the Board approves the Call. Application, Mr. Powell requests that screening be a requirement of approval. Mr. Powell further requests that any screening be in the form of a permanent or temporary solid fence, in addition to screening in the form of natural materials, to provide screening while the natural materials grow into adequate screening. This requirement is consistent with that contained in other USR approvals. See Footnote 2. 2 See, e.g., Site Specific Development Plan and Major Amendment 1MJUSR17-05-1470 to Use by Special Review Permit No. USR-1470 and Associated Development Standards, Jose and Natalia Martinez. {00280472.DOCx;1 } December 19, 2017 Page 13 4. As discussed above, the Call Application is incomplete. If the Board determines that incompleteness is not reason enough for denial of the Call Application, Mr. Powell requests that the Board require the following as conditions of approval: a. A complete survey of the property to determine compliance with property lines and all prescriptive rights relating to the use and maintenance of the easement road for ingress and egress; and b. A complete drainage and topographical study of the property to ensure compliance with County Code and proper mitigation of adverse drainage effects for Mr. Powell's property. 5. The Call Application proposes an increase in traffic over the private easement road by 450% or more. The construction and traffic relating to the proposed use has already caused degradation to the private easement road; the images attached as Exhibit J show that a drainage ditch that ran alongside the easement road has been filled in, and large ruts have been created from construction and landscaping company vehicles. Mr. Powell has also observed and been forced to remove litter, garbage, and other debris left to accumulate on the road by Mr. Call or his employees or invitees. The Minutes attached as Exhibit F reflect a statement from Mr. Call that "he maintains and takes care of the road." Mr. Powell has in fact been the primary caretaker of the private road since acquiring his property in 2011, and has paid for the associated costs of maintenance. However, due to the significant increases in traffic over the easement road, Mr. Powell is unwilling to continue to maintain the road without contribution from Mr. Call. Further, Mr. Powell is concerned that Mr. Call is not maintaining the road to its original standard, and is allowing degradation to occur. The proposed use and current maintenance interfere with Mr. Powell's easement rights by improperly interfering with his reasonable access to his property. If the Board intends to approve the Call Application, Mr. Powell requests that it require Mr. Call to enter into a road maintenance agreement, to include, at a minimum, the following: a. A plan for the maintenance of the roadway and surrounding easement areas, including, but not limited to, snow removal, landscaping, and routine maintenance; b. A description of the minimum standard condition in which the road shall be maintained; c. A formula for determining the financial contributions of Mr. Powell and Mr. Call to road maintenance, based on their respective use; and (00280472.DOCX:1 ) December 19, 2017 Page 14 d. A mechanism for enforcement of the terms of the maintenance agreement and for relief if the minimum standards are not adhered to. Pursuant to § 23-2-230(B), the Board shall take the Commission's recommendation, as well as the facts presented at the public hearing and the information contained in the official record into consideration in making its decision. It shall approve the request for the Special Review Permit only if it finds that the applicant has met the standards and requirements contained within the Code. Mr. Powell asserts that the Call Application does not meet the standards and requirements contained in the Code, and accordingly, respectfully requests that the Board of County Commissioners deny the Call Application. Respe t lly submitted, Ka hr n D. Keiser Attorney for Michael Powell KDK/had Enclosures C: Michael Powell {00280472. DOCX:1; EXHIBIT A USE BY SPECIAL REVIEW (USR) APPLICATION DEPARTMENT OF PLANNING SERVICES * 1555 N. 1711-1 AVENUE* GREELEY, Co 50631 gi b liw.w1 ! , 'ovcorn ¢ 970-353-6100 EXT 3540 * FAX 970-304-6498 I FOR PLANNING DEPARTMENT USE: AMOUNT $ } APPLICATION RECEIVED BY vNb.MonMVIPmMpfT '1 • Parcel Number*: _1(0 Address � si4e° �� t l,< .. 1 of Legal Oesc 1pi on: Zone District: FEE OWNER Nam: Company: Phone `•: 5 Street Address, City/State/Zip Code: Name: Company: Phone : Street Address,, Ctty/ tat&Zp code,: Street Address: OW/State/4 bode: APISUCANT RA Name: Company : Phone Street Address: citl$t &Zip Code: PROPOSED USE: raNICSIwilaIMIINIOffeltellercestseatrnennttent DATE RECEIVE CASE # ASSIGNED: PLANNER ASSIGNED: 00 w T. _Pni�.- ..,sue: zt Email: (*A 12 digit number on Tax W. information, obtainable at w w wjn (See below:Authorization oriz a °on us t acconpanyali applications ns si ned by E-mail: ry5t.[�y`ia311}! pif4`%iti>d rrA-f1 W' - 1MAIAM�IMF'•l:".'MWY .}'M.y'\YA MrJP l�41.116.� �11T��3'>:.�dO CL 1 % •`:�i �'�� that 1 s moosa andfOr plans d within theSeaton are true and correct t the best of sr y °knowledge. i nawres f aUU d unda �Z this If an kithorize4 At gns,. a letter of authorizabon from al: owners must be inc. 0 • o �: * on is the fee owner, n ta evidence m st s de rndicat n that the signal : ti u rized Agee EXHIBIT A Andrew & Samantha Call(formerly Samantha Griffith) 2101 County Road 10 Planning Questions: 1)The property will be used as our primary residence as well as to run our landscape business. 2)This proposal is consistent with the comprehensive plan as it is bringing another small business to Weld County as well as more job opportunities. 3)This proposal is asking for a variance to the ag zoning in order to run home based landscaping business. 4)There are many other home based businesses in the area including landscaping, horse arenas, motorcycle repair, a gutter company, just to name a few. These are all home based business which are in line with what we are asking for. 6)Normal hours of operation will be approximately Tarn-6pm Monday through Friday during the months of April through November. Our work is seasonal so minimal work is done during winter months. 6)We have 7-9 part time/seasonal employees that will work on this site. 7)o shift work is proposed 8)The number of people that will use this site is the same is the number of employees which is 7-9. We won't have any contractors, customers, volunteers, etc. come to our shop. 9)This his is not a dairy, livestock, or kennel operation 10)The lot surface is a mix of gravel, native grass, and building. The gravel area is approximately 3500 square feet, the building is 3600 sf, and the native grass is all other areas. This portion of our overall lot is approximately 45000 square feet. The remainder of our lot is used for our personal residence. 11) We are proposing approximately 7 parking spots and none of them are ADA but we don't nave any steps around our shop. 12) The existing landscaping is dirt but we will have native grass eventually. 13) No additional fence is proposed outside of existing 4' barbed wire fence, 14) No screening is proposed as there are currently some trees and shrubs blocking the neighboring property, 16)There will be no termination if the USR is terminated. The space would then be for personal use only. 16)Protection Mountain View Fire will provide fire protection to site. 17)The only improvements will be native grass planting once construction is completed on our personal home. Proposed use of property/additional planning dept questions: 1& 2)This pole barn will be used to store our landscaping equipment which includes mowers, aerators, hand tools, sprinkler pipe, other misc. irrigation parts, etc. Employees will come to the site each morning, load up trucks with tools/equipment, and then leave to the jobsite for the remainder of the EXHIBIT A Andrew & Samantha Call(formerly Samantha Griffith) 2101. County Road 10 day. When they return at the end of the day they will unload necessary tools/equipment and leave for the day, Total average round trips per day is estimated at i1. :)Parking for employees will be located in the north east corner of the property as outlined in the site map. Company vehicles will be parked directly south of the barn, between the barn and the house. This will screen them from neighbors. 4)Although we may experience some growth, it is our desire not to outgrow our proposed space. We would like to include provisions to allow additional growth in employee number up to the next "threshold". S)Trash is currently provided by Pie disposal and the dumpster is shared with the house construction. We will eventually switch to Waste Connection and keep dumpster on north side of pole barn. 6)We will have a perimeter fence on the property but no gates or fences on the east side where we access our home and barn. 7)There will be some outdoor storage of small amounts of mulch, soil, natural stone, etc for use in our landscape jobs. There will also be a parking area and it would be our preference that if screening is needed we do it with natural means as opposed to wooden fences or similar. This would be something along the lines of trees/shrubbery. 8)1 feel the hours should be expanded only to accommodate our winter schedule. It is incredibly rare that any employee is working on the weekend with the exception of the winter time. We do snow removal and have 3-5 employees who will come to the shop and get snow shovels/trucks to head out for the storm. Due to the unpredictable nature of snow work, specific hours are unknown. Other than snow removal, there is no employee activity during the winter months. We don't know the best way to propose hours that would cover our schedule for this type of work but are open to recommendations. 9)As outlined above, we would like to have the permit for year round activity to cover us for snow removal. 1o)The only overhead lighting will be above garage doors and in the future we will add lighting along the north side of the barn. This will all be down lighting that will follow the required parameters. ii)The pole barn will be used essentially to house our equipment while not in use. It will also store hand tools, extra parts for irrigation, and tools related to our business that are used seasonally such as an air compressor and aerators. 12)l will resend labeled access photos 13)Yes I have a list of individuals who we sent the letter announcing the meeting to. I will resend that list. 14)We don't have any resolution to the maintenance agreement for the road because I can't make contact with Mike Powell. I have tried to speak with him on several occasions to no avail. I plan to maintain the easement road up to the point where it enters our barn. 15)To help control wind born dust/debris until native areas take seed we will use water and/or straw erosion blankets. EXHIBIT A Andrew & Samantha Call(formerly Samantha Griffith) 2101 County Road 10 Engineering Questions: 1)Round trips per day- Passenger cars/trucks:11 All other vehicies(semi trucks/trailers, r/v etc):0 2)Travel routes will go south out of the shop area along the easement road, and then go east or west on county road 10. 3}Approximately 70% of traffic will use west access and 30% will use east access on county road 10 4)Highest traffic volumes will be between 7:30-8:30am and 4:30-S:3opr , S)Access to the site will be unchanged from the southeast corner of property. 5)Water currently flows south to north on the property and west to east, There is no proposed change to this 6)Our engineer is has provided a site drainage narrative/plot plan that outlines the calculations which keep us under the required flow rate to require a full drainage report and detention pond. This will be attached along with a stamped letter from the engineer explaining the narrative. Environmental Health Questions: 1)We will provide bottled water as opposed to running a water line. We are allowed to do this as per the guidelines laid out in the application because there will be no continued use for more than a two hour period. Employees will spend approximately 15-45 minutes at the shop in the morning and approximately the same amount of time at the end of the day 2)No bathroom will be installed because we won't have the money to finish it with the cost of application process. We will instead use an onsite portable toilet serviced by United Site Services. This is allowable for the same reason listed in item #1 of this section. 3)No storage or warehousing is proposed 4)N/A 5)N/A 6) /A 7)N/A 8) /A 9)N/A 10)N/A Building Questions: .)The existing structure is a 90x40 pole barn. There is also a personal home being built on site, )Only a portion of the pole barn will be used for this USR EXHIBIT Andrew & Samantha Calleformerly Samantha Griffith) 2101 County Road 10 3)The pole barn will be used to store our landscape equipment. • • • • g it Name Company &&d county Public Works Dept. 1111 IA Street • •P.O.Box 75 Greeley, CO 80632 Phone:.(970)304-6496 Fax: (970)304-6497 I I -I WPOI.,.,.••e........,.._....... 'EXHIBIT A -- Address 13 de 4 K -v 4 14-ALC4-' f ACCESS PERMIT APPLICATION FORM Property_O ner (If different than Applicant) Name _ Address City State Zip City f care celState C O Zip rd 0 2) Phone Business Phone .3o 9 o di - ' tt Fax E-mail Piker Location & Sketch The access is on WCR Newest In tersection: WCR Distance from intersection OPter Parcel Number t' 0 0 0 0 P Se io .004 Raiige . / f is there an existing access to the property Y Fax E-mail is this access associated with a Planning Process? No USR RE A = Existing Access a= Proposed Access mot • - s.. plait '-rani Treated Other wFrT„F Calvert Size Type 1'-1- 4 tittopscri,... • Materials ){'�'�j� p 'r1��('^�' �]j+�� Access ' �..:±441)****��3� is Materials .used to construct ��. '. Propose Use• emporary (Tracking -.Pad Required)/.$.7 . all Commercial or Oil & Gas/$75 Field (Agriculture on)/Exempt <Reggired Attached Documents Traffic Control Plan -Cert �fnie Residential/$7S s Large Commercial/ 150 WCR b O industrial ,5O Subd isionf 150 PUD Clathecna........ameewsP• Access Pictures (From the Left, Right, & into the &cress) By accepting this permit, the undersigned Applicant, under penalty of perjury, verities that they have received all pag.es ofthe permit application; they have read and understand all of the permit requirement and provisions set forth on all pages; that they have the authority to sign for and bind the Applicant, if the Applicant is a corporation or other entity; and that. by virtue of r ' at 11 Applicant is bound 'by and agrees to comply ly with all saidpermit requirements and - y p ► peg ail# St regarding facilities on. Signature Approval or enla •,i sed Ditt.6/29/10 Primed Name ,1;'. .. 11,. EXHIBIT EXHIBIT A EXHIBIT A EXHIBIT A Andrew and sarnantha Caill August '4, 2017 2101 County Rdt , Erie. CO80516 3o3-885-8006 Stan . 4,11.. Samgriffii@yaboa,conl .':li'1i ri ld'S4...:•5'r;'tKM,.,.v. V 4 g of you knows recently fj. 1} .. _ As most bought our property and have begun construction on our homa We haven't had .tbeprivilege of meeting you all yet, but hope to very soon Although our me is still under construction, our shop is complete and we are in the process of submitting for a business application through Weld County, We own and run AC Lawn, which is a small landscape business.. Weuse our shop to store our landscae and lawn care equipment, but our employees only come and leave in the . i and afternoon. They come get their work truck and supplies for the day, then heout job the site until they are wrapped up for the afternoon. We are holding a commun meeting to field any questions ornerr August .... , a th at 6; if anyone wants to come. It will be inside our shop) located on our propel at 2101 County Rd a look forward etin all those we have vet to meet Have a great weeki Warm regards, nore v and Samantha call tsz 1. 7.. _'{per .r JI�� ,at Qin_ � cyz,..i.,..,:t,,.,1/4,,,;:(4..it..7-1/4 � 1 i Cnr�tr -z 1 - . p - ��' ,.L 11c. '' ( .....li a ''' r J..1 = Y ° Y' - • • �p.�- O- L5 tb it�n -gL( ..2 •} , fi 01:. ' • 1. c•• o fiT 1I ` 2 � s . lr .� L.-S.-Citei r- •• • _..,w'1 yam. W " • . • 5 f C .P� yI Lf •:v • 5 Name: m Name: Name: Name: • • r , terf F c r -•. P 447, ame: • 555 f#2) 'ifs.jr�r - sec, et r i "4 " 7. L/4(, I ndrew. and Samantha Call �y r - , 5.. 2. ' a .ter-• e"' • Community Meeting August 17th at 6:00PM Sign in: &u4tL. �rary len PEYS0\t, ;• ee, r••"" • tails a ryy _ CP o Tha ‘111 d4 Ce , Fa Address: is • *.a - y* c.g .. 4477 Address: ti J f •v'.•4 1_ lr 1+ ng J r A r :4 4 J AS t• oL • eo, :: • • •yy N B• .41,' V • e -, W �° r,•. s° at.m n ";:3; ' y..— n ... y .,t.j. d °ter 4 .,• 1) d7 -1-5 SJ•. '1"-w0,T,. a. Cs �a.18 CRS fiie, fly atql .� ASR' •�•s".{}„T�. 9-ctr,• K.5-5tig'ti pT i.•-�Y r-� n..;e-:. .. Address: address: Address. Address: Address: .a ra * o . E. 1 EXHIBIT A Neighborhood Meeting 8/17/17 6:00PM 2101 County Road 10 No questions asked regarding issues with business. Everyone who attended was okay with business operations. EXHIBI I B Submit by Email ,�),I861..; Weld County eferral September 25, 2017 The Weld County Department of Planning Services has received the following item for review: Applicant: Andrew & Samantha Call Case Number: USR17-0051 Please Reply By: October 23, 2017 Planner: Kim Ogle Project: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT FOR A USE BY RIGHT, ACCESSORY USE, OR USE BY SPECIAL REVIEW IN THE COMMERCIAL ZONE DISTRICT (LANDSCAPE BUSINESS) IN THE A (AGRICULTURAL) ZONE DISTRICT Location: APPROXIMATELY 395 FEET NORTH OF CR 10; APPROXIMATELY 355 FEET EAST OF CR 5 Parcel Number: 146709000080-R0651801 Legal: PART SW4SW4 SECTION 9, TIN, R68W LOT B REC EXEMPT RE -1851 OF THE 6TH P.M., WELD COUNTY, COLORADO. The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. We have reviewed the request and find that it sdoes not comply with our Comprehensive Plan because: I✓k JOSCarf iNf $ piss is Nod pt Y US We have reviewed the request and find no conflicts with our interests. See attached letter YZW2Ale viNoiMi4 , Signature Agency Date Weld County Planning Dept. 1555 N 17th Ave, Greeley, CO. 80631 (970) 353-6100 ext.3540 (970) 304-6498 fax t/A-Kn0 VSR 10 t3SL6rN4itoiV. Planner: EXHIBIT C LAND USE APPLICATION SUMMARY SHEET Kim Ogle Hearing Date: December 5, 2017 Case Number: USR17-0051 Applicants: Situs: Request: Legal Description: Location: Size of Parcel: Andrew & Samantha Call 2101 County Road 10, Erie, CO 80516 A Site Specific Development Plan and Use by Special Review Permit for a Use permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the Commercial or Industrial Zone Districts (Landscape Maintenance Business) provided that the property is not a lot in an approved or recorded subdivision plat or lots part of a map or plan filed prior to adoption of any regulations controlling subdivisions in the A (Agricultural) Zone District. Lot B RE -1851 being a part of the SW4 SW4 of Section 9, Ti N, R68W of the 6th P.M., Weld County, CO Approximately 395 feet north of CR 10; approximately 355 feet east of CR 5. +/- 2.96 acres Parcel No. 1467-09-0-00-080 POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS 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 September 26, 2017 Weld County Department of Public Health and Environment, referral dated October 16, 2017 Weld County Department of Public Works, referral dated October 17, 2017 Weld County Department of Planning Services - Engineer, referral dated October 25, 2017 Colorado Geological Survey, referral dated October 24, 2017 The Department of Planning Services' staff has received referral responses without comments from the following agencies: City of Dacono, referral dated September 25, 2017 Town of Frederick, referral dated September 25, 2017 Weld County Sheriff's Office, referral dated September 25, 2017 Mountain View Fire Rescue, referral dated September 27, 2017 Boulder Valley Conservation District, referral dated October 3, 2017 Town of Erie, referral dated October 5, 2017 City and County of Broomfield, referral dated October 9, 2017 Andrew and Samantha Call USR17-0051 Page 1 of 10 EXHIBI I C The Department of Planning Services' staff has not received responses from the following agencies: Boulder County Left Hand Water District Colorado Parks and Wildlife Weld County School District RE -1J Weld County Department of Building Inspection Andrew and Samantha Call USR17-0051 Page 2 of 10 EXHIBIT C SPECIAL REVIEW PERMIT ADMINISTRATIVE REVIEW Planner: Kim Ogle Hearing Date: December 5, 2017 Case Number: USR17-0051 Applicants: Andrew & Samantha Call Situs; 2101 County Road 10, Erie, CO 80516 Request: A Site Specific Development Plan and Use by Special Review Permit for a Use permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the Commercial or Industrial Zone Districts (Landscape Maintenance Business) provided that the property is not a lot in an approved or recorded subdivision plat or lots part of a map or plan filed prior to adoption of any regulations controlling subdivisions in the A (Agricultural) Zone District. Legal Lot B RE -1851 being a part of the SW4 SW4 of Section 9, Ti N, R68W of the 6th P.M., Description: Weld County, CO Location: Approximately 395 feet north of CR 10; approximately 355 feet east of CR 5. Size of Parcel: +/- 2.96 acres Parcel No. 1467-09-0-00-080 Case Summary: The applicants are requesting a Use by Special Review permit for a landscape maintenance business The property owner is the business owner and has nine employees. Hours of operation are 7:00 a.m. to 6:00 p.m. Monday thru Friday during the months of April through November. During winter months December through March the hours are 24 hours a day/ seven days a week to provide for snow removal activities. The existing landscaping on the site consists of grasses. The applicants are not proposing any additional landscaping or screening. Staff is recommending screening of the employee parking area and any associated outdoor storage of equipment or materials. This case is an active Zoning Violation (ZCV17-00137) which was initiated due to the parking of commercial vehicles, equipment and employee parking associated with a landscaping company without first completing the necessary Weld County Zoning Permits. If this application is approved by the Board of County Commissioners, conditions of approval met and the USR map recorded this violation will be corrected. If this application is denied the Department of Planning Services asks that the Board of County Commissioners forward this case to the County Attorney's Office for legal action through the District Court process, but to delay that legal action for thirty (30) days to allow the applicant time to remove all but 1 Commercial Vehicle and all storage of equipment and materials 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: Andrew and Samantha Call USR17-0051 Page 1 of 10 EXHIBIT C 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 - A. Goal 7 states, "County land use regulations should protect the individual property owner's right to request a land use change." And Section 22-2-20. G. 2- 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 applicants are requesting a Use by Special Review permit for landscape maintenance business on land that is also their personal residence. The property owner employs nine persons who will access the property in the morning, park their vehicles and leave in a company owned vehicles. Hours of operation are 7:00 a.m. to 6:00 p.m. Monday thru Friday during the months of April through November. During winter months December through March the hours are 24 hours a day/ seven days a week to provide for snow removal activities. The existing landscaping on the site consists of grasses with future plans to install landscaping around the new residence. Section 23-2-240A10 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 am 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. Section 22-2-20.G.7 - A.Policy 7.3 states, "Conversion of agricultural land to urban residential, commercial and industrial uses should be considered when the subject site is located inside an Intergovernmental Agreement area, Urban Growth Boundary area, Regional Urbanization Area or Urban Development Nodes, or where adequate services are currently available or reasonably obtainable. A municipality's adopted comprehensive plan should be considered, but should not determine the appropriateness of such conversion." This site is located within three miles of the Town of Erie although at this time there is no Intergovernmental Agreement between the Town of Erie and Weld County. The Town indicated that the proposal does not comply with the Comprehensive Plan as the Landscape Business is not a preferred use within the "RR - Rural Residential" land use designation. Section 22-2-20.H.8 - A. Policy 8.3 states, "The land use applicants should demonstrate that the roadway facilities associated with the proposed development are adequate in width, classification and structural capacity to serve the proposed land use change." The referral comments from the Department of Public Works state that CR 10 is a gravel road. The Department of Public Works did not have any concerns with the use of this road for this USR. Section 22-2-20.H.8 - A. Policy 8.4. states, 'The land use applicants should demonstrate that drainage providing stormwater management for the proposed land use change is adequate for the type and style of development and meets the requirements of county, state and federal rules and regulations." The drainage narrative was submitted and reviewed by the Department of Planning Services -- Engineer. No concerns were identified with the stormwater management. Section 22-2-20.,E-1.8 - A.rolicy 8.5. states, "The land use applicants should demonstrate that public service providers, such as but not limited to schools, emergency services and fire protection, are informed of the proposed development and are given adequate opportunity to comment on the proposal." Andrew and Samantha Call USR17-0051 Page 2 of 10 EXHIBIT (7 The USR was sent to seventeen (17) referral agencies including the school district, the water district, and the fire district. The referral agencies had 28 days to review this USR and most of them submitted response of 'no concerns' with the rest submitting comments or conditions that are incorporated as Conditions of Approval or Development Standards in the staff recommendation. 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. which allows for a Site Specific Development Plan and Use by Special Review Permit for a Use permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the Commercial or Industrial Zone Districts (Landscape Maintenance Business) provided that the property is not a lot in an approved or recorded subdivision plat or lots part of a map or plan filed prior to adoption of any regulations controlling subdivisions 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. „ The proposed USR is in an area that can support this development and 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. C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing surrounding land uses. The adjacent lands consist of pastures, crops, and rural residences. There are three (3) houses within 250 feet of the site. The closest residence is 150 feet west of the property line. There are eleven (11) USRs within one mile of this site. USR-887 for an accessory building is located north of the site; SUP -322 for a private airport is located northwest of the site. USR-1503 for 150 head of calves, USR-1502 for a second dwelling, and USR-1613 for a gutter business are all located northeast of the site. USR-1348 for an accessory building and an indoor arena, CUP -32, CUP -57 for a second dwelling, USR-931 horse boarding facility, and CUP -34 for a horse training and breeding facility and USR17-0035 for a motorcycle repair with cargo container storage are all located southeast of the site. The Weld County Department of Planning Services has received a couple of phone calls from the same surrounding property owner who asked questions about this Use by Special Review (USR). 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 a three (3) mile referral area of the Towns of Erie and Frederick, the City of Dacono, Boulder County and the City and County of Broomfield. The Towns of Erie, Frederick, the City of Dacono and the City and County of Broomfield all submitted referral agency comments indicating no concerns. Boulder county did not return a referral response. E. Section 23-2-220.A.5 -- The application complies with Chapter 23, Articles V and X1, of the Weld County Code. The site is not in a floodplain or the Airport Overlay District. The property is within the Geologic Hazard Overlay District and staff has included a Condition of Approval that the applicant submit a Geological Hazard Development Permit. The Colorado Geological Survey reviewed the application and stated that the mine depth is 225 feet and the subsidence Andrew and Samantha Call USR17-0051 Page 3 of 10 C hazard is low. Building Permits issued on the lot will be required to adhere to the fee structure of the County - Wide Road Impact Fee, County Facility Fee and Drainage Impact Fee Programs. F. Section 23-2-220A6 -- The applicant has demonstrated a diligent effort to conserve prime agricultural land in the locational decision for the proposed use. The proposed landscape business is located on 1 acre of soil designated as "Prime" and 2 acres of soils designated as "High Potential Dry Cropland" per the 1979 Soil Conservation Service Important Farmlands of Weld County Map. There are no new structures proposed so the USR will not take any Prime (Irrigated) Farmland out of production. C. 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 andCounty. 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 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. A Geological Hazard Development Permit is required. (Department of Planning Services -Engineer) B. An Improvements and Road Maintenance Agreement is required for offsite improvements at this location. Road maintenance including, but not limited to dust control, tracking control, damage repair, specified haul routes and future traffic triggers for improvements will be included. (Department of Public Works) C. The map shall be amended to delineate the following: 1) All sheets of the map shall be labeled USR17-0061. (Department of Planning Services) 2) The attached Development Standards. (Department of Planning Services) 3) The map shall be prepared per Section 23-2-260.D of the Weld County Code. (Department of Planning Services) ) The applicant shall delineate the trash collection areas. Section 23-3-350.H of the Weld County Code addresses the issue of trash collection areas. (Department of Planning Services) 5) If applicable, 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) 6) The map shall delineate the lighting, if applicable. (Department of Planning Services) 7) County Road 10 is a gravel road and is designated on the Weld County Functional Andrew and Samantha Call USR17-0051 Page 4 of 10 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) 8) Show and label the approved access(es) (APXX-XXXXX), and the appropriate turning radii (60') on the site plan. (Department of Public Works) ) Show and label the entrance gate, if applicable. An access approach that is gated shall be designed so that the longest vehicle (including trailers) using the access can completely clear the traveled way when the gate is closed. In no event, shall the distance from the gate to the edge of the traveled surface be less than 35 feet. (Department of Public Works) 10) The applicant shall show the drainage flow arrows. (Department of Planning Services - Engineer) 11) Show and label the employee parking spaces. (Department of Planning Services -Engineer) 12) Show and label the Geologic Hazard Area on the site plan. (Department of Planning Services - Engineer) 2. Prior to Construction: A. If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required. (Department of Planning Services -Engineer) Upon completion of Condition of Approval #1 above, the applicant shall submit 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) 4. 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) 5. 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) 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) Andrew and Samantha Call USR17-0051 Page 5 of 10 EXHIBIT C SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Andrew and Samantha Call USR17-0051 1, A Site Specific Development Plan and Use by Special Review Permit, USR17-0051, for a Use permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the Commercial or Industrial Zone Districts (Landscape Business) provided that the property is not a lot in an approved or recorded subdivision plat or lots part 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. to 6:00 p.m. Monday thru Friday during the months of April through November. 24 hours a day/ seven days a week during the months of December through March to provide for snow removal activities. (Department of Planning Services) 4. The number of employees shall be nine (9). (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, 23-0 and 23-E of the Weld County Code. (Department of Planning Services) 7. This site is located within the Geological Hazard Overlay District.. (Departments of Planning and Planning -Engineer) 8. The property owner shall control noxious weeds on the site. (Department of Public Works) 9. The access on the site shall be maintained to mitigate any impacts to the public road including damages and/or offsite tracking. (Department of Public Works) 10. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized. (Department of Public Works) 11. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Planning Services -Engineer) 12. 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) 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, Section 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) 15. Fugitive dust should attempt to be confined on the property. Uses on the property should comply Andrew and Samantha Call USR17-0051 Page 6 of 10 with the Colorado Air Quality Commission's air quality regulations. (Department of Public Health and Environment) 16. 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) 17. If the existing septic system is utilized, for business use, the septic system shall be reviewed by a Colorado Registered Professional Engineer. The review shall consist of observation of the system and a technical review describing the system's ability to handle the proposed hydraulic load. The review shall be submitted to the Environmental Health Services Division of the Weld County Department of Public Health and Environment. In the event the system is found to be inadequately sized or constructed the system shall be brought into compliance with current Regulations. (Department of Public Health and Environment) 18. 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. (Department of Public Health and Environment) 19 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) 20. 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) 21 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) 22. A building permit may be required, per Section 29-3-10 of the Weld County Code. Currently the following has been adopted by Weld County: 2012 International Codes; 2006 International Energy Code; 2014 National Electrical Code; A building permit application must be completed and two 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 registered State of Colorado engineer shall be required or an open hole inspection. (Department of Building Inspection) 23. 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. 24. 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. 25. 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. Andrew and Samantha Call USR17-0051 Page 7 of 10 lI.legtT 26. 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. 27. 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 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. Andrew and Samantha Gait USR17-0051 Page 8 of 10 HIBIT C 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. Andrew and Samantha Call USR17-0051 Page 9 of 10 EXHIBIT C Andrew and Samantha Call USR17-0051 Page 10 of 10 EXHIBIT D Submit by Email ounty Referral September 25, 2017 The Weld County Department of Planning Services has received the following item for review: Applicant: Andrew & Samantha Call Case Number: USR17-0051 Please Reply By: October 23, 2017 Planner: Kim Ogle Project: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT FOR A USE BY RIGHT, ACCESSORY USE, OR USE BY SPECIAL REVIEW IN THE COMMERCIAL ZONE DISTRICT (LANDSCAPE BUSINESS) IN THE A (AGRICULTURAL) ZONE DISTRICT Location: APPROXIMATELY 395 FEET NORTH OF CR 10; APPROXIMATELY 355 FEET EAST OF CR 5 Parcel Number: 146709000080-R0651801 Legal: PART SW4SW4 SECTION 9, T1 N, R68W LOT B REC EXEMPT RE -1851 OF THE 6TH P.M., WELD COUNTY, COLORADO. The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. E. We have reviewed the request and find that it does / does not comply with our Comprehensive Plan because: ]ta,07- We have reviewed the request and find no conflicts with our interests. See attached letter. r2 Signature%�•�:�.1.�-� Agency SOW f -kc lie C --ED s' nr€€- 4, n �D -c4 Date p• , J l Weld County Planning Dept. 1555 N 17th Ave, Greeley, CO. 80631 (970) 353-6100 ext.3540 (970) 304-6498 fax EX I I) \ser Boulder Valle, Conservation District 9595 Nelson Road, Box D — Lomymont. Colorado 80501 — Phone (720) 378-5533 Site Review Memo To: Boulder Valley CD Board From: Cyn Coyle Subject: (List site name, location, Permit#, Purpose, etc.) Applicant(s): Andrew & Samantha Call Location: SW4SW4 Section 9, T11, R68W, Lot B Docket# U5R17-0051 Purpose: Site specific development plan and Use by special review permit for a Use by right, Accessory use, or Use by special review in the commercial zone district (Landscape business) in the A (Agricultural) Zone district. Prime Farm land: Prime if irrigated Water Quality: Ensure that ditch water is not negatively affected by run-off from construction and grading activities, or business operations and associated chemicals. Noxious Weed Control: Continue to monitor property for weeds and remove. Soils Limitations: Somewhat limited — shrink swell Other concerns: Summary comments: CONSERVATION - DEVELOPMENT SELF GOVERNMENT EXHIBIT F Weld bounty Referral September 25, 2017 The Weld County Department of Planning Services has received the following item for review: Applicant: Andrew & Samantha Call Case Number: USR17-0051 Please Reply By: October 23, 2017 Planner: Kim Ogle Project: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT FOR A USE BY RIGHT, ACCESSORY USE, OR USE BY SPECIAL REVIEW IN THE COMMERCIAL ZONE DISTRICT (LANDSCAPE BUSINESS) IN THE A (AGRICULTURAL) ZONE DISTRICT Location: APPROXIMATELY 395 FEET NORTH OF CR 10; APPROXIMATELY 355 FEET EAST OF CR 5 Parcel Number: 145709000080-R0651801 Legal: PART SW4SW4 SECTION 9, T1 N, R68W LOT B REC EXEMPT RE -1851 OF THE 6TH P.M., WELD COUNTY, COLORADO. The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. We have reviewed the request and find that it does I does not comply with our Comprehensive Plan because: We have reviewed the request and find no conflicts with our interests. See attached fettag Co S Signature od Agency -c e i fi \j‘1/4.) Ck09 n 0 -IT- c.,(0,?ctic- ca-,Cr Date 9t1\ t4 ct \ a sciaR.,2_ t ON\ e\k-4-45 Weld County Planning Dept. 1555 N 17th Ave, Greeley, CO. 80631 (970) 353-6100 ext.3540 (970) 304.6498 fax EXHIBIT F. SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING Tuesday, December 5, 2017 A regular meeting of the Weld County Planning Commission was held in the Weld County Administration Building, Hearing Room, 1150 O Street, Greeley, Colorado. This meeting was called to order by Chair, Terry Cross, at 12:30 pm. Roll Call. Present: Bruce Johnson, Bruce Sparrow, Gene Stille, Jordan Jemiola, Michael Wailes, Terry Cross, Tom Cope, Lonnie Ford. Also Present: Kim Ogle and Chris Gathman, Department of Planning Services; Hayley Balzano, Department of Planning Services — Engineering Division; Lauren Light and Ben Frissell, Department of Health; Evan Pinkham, Public Works; Bob Choate, County Attorney, and Kris Ranslern, Secretary. Motion: Approve the November 21, 2017 Weld County Planning Commission Minutes, Moved by Bruce Sparrow, Seconded by Bruce Johnson. Motion passed unanimously. CASE NUMBER: APPLICANT: PLANNER: REQU EST: LEGAL DESCRIPTION: LOCATION: USR17-0051 ANDREW CALL AND SAMANTHA GRIFFITH KIM OGLE A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT FOR A USE BY RIGHT, ACCESSORY USE, OR USE BY SPECIAL REVIEW IN THE COMMERCIAL ZONE DISTRICT (LANDSCAPE BUSINESS) IN THE A (AGRICULTURAL) ZONE DISTRICT LOT B REC EXEMPT RE -1851; PART SW4SW4 SECTION 9, T1 N, R081N OF THE 6TH P.M., WELD COUNTY, COLORADO. APPROXIMATELY 395 FEET NORTH OF CR 10; APPROX-IMATELY 355 FEET EAST OFCR5. Kim Ogle, Planning Services, presented Case USR17-0051, reading the recommendation and comments into the record. Staff received a couple of phone calls from a surrounding neighbor regarding this request. The Department of Planning Services recommends approval of this application with the attached conditions of approval and development standards. Evan Pinkham, Public Works, reported on the existing traffic and access to the site. Hayley Balzano, Engineering, reported on the drainage conditions for the site. Ben Frissell, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site dust control, and the Waste Handling Plan. Andrew Call, 2101 CR 10, Erie, Colorado, stated that he has operated a landscape company for the past 11 years and wanted to find a place that they could operate their business and reside on site. Commissioner Ford asked if it is a shared driveway. Mr. Call said that he and his neighbor share it and added that he maintains and takes care of the road. Commissioner Cross asked if they will have any landscape material stored on site. Mr. Call said that they will have some material storage such as mulch, top soil and some river rock. He added that a typical pile is probably 10 to 12 feet by 10 to 12 feet. Commissioner Stille asked if they operate snow removal as well. Mr. Call said that they do operate a snow removal business in the winter. The Chair asked if there was anyone in the audience who wished to speak for or against this application. 1 14.113 Jim Dallarosa, 2181 CR 10, stated that he lives east of this site. He said that even though they haven't moved in they have been great neighbors. He added that when his employees come they are very quiet and respectful. Samuel Soto, 2091 CR 10, said that his father lives next door and the shared driveway runs through his property. Mr. Soto said that the employees have been driving &ow and the applicants have been great neighbors. The stockpile of landscape material has not been a problem for them and they look at it directly. Marvin Bowersox, 4260 CR 5, said that the applicants have been great neighbors and he supports their request. The Chair asked the applicant if they have read through the Development Standards and Conditions of Approval and if they are in agreement with those. The applicant replied that they are in agreement. Motion: Forward Case USRI7-0051 to the Board of County Commissioners along with the Conditions of Approval and Development Standards with the Planning Commission's recommendation of approval, Moved by Tom Cope, Seconded by Gene Stifle. Vote: Motion carried by unanimous roll call vote (summary: Yes = 8). Yes: Bruce Johnson, Bruce Sparrow, Gene Stifle, Jordan Jemiola, Lonnie Ford, Michael Wailes, Terry Cross, Torn Cope. Meeting adjourned at 2:11 pm. Respectfully submitted, larbanLe Randithe-c Kristine Ranslem Secretary 2 EXHIBII U WELD COUNTY DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT 1555 North 17tn Avenue, Greeley, CO 80631 wv w.weldheCalth.orc Memorandum To: Kim Ogle From: Ben Frissell, Environmental Health Services Date: October 16, 2017 Re: USR17-0051 Call Environmental Health Services has reviewed this proposal for 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 Zone District, (landscape business) in the A (Agricultural) Zone District. The residential property on site is serviced by an existing septic system (SP -1700011) and water is provided by Left Hand Water District. The residence will not be used for business purposes at this time. Portable toilets and bottled water can be used for employees who are on site for 2 consecutive hours or less and 2 or less full time employees on site. The application indicates a portable toilet and bottled water will be utilized for tie business due to workers being on -site for short periods of time (less than 2 hours). According to the application there is no washing of vehicles or equipment, no fuel storage, no storage of chemicals or pesticides and there are no floor drains. Maintenance is performed off site. Noise will be restricted to the commercial zone. We recommend that the following requirements be incorporated into the permit as development standards: 1. 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. 2. 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. Health Administration Vital Records 970-:304-641 n Fax: 970-304-641 Public Health & Clinical Services Tele: 970-304-6420 Fax: 970-304-6416 Environmental Health Services Tele: 970-304-6415 Fox: 970-304-641 1 Communication, Education & Planning Tele: 970-304-6470 Fax: 970-204-6452 Emergency Preparedness & Response -E efe: 970-304-6470 Fax: 970-304-6452 Public Health r T (1 3. 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. 4. 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. 5. The facility shall adhere to the maximum permissible noise levels allowed in the commercial zone as delineated in 25-12-103 C.R.S. 6. If the existing septic system is utilized, 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. 7. 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. 8. 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. g. The operation shall comply with all applicable rules and regulations of state and Federal agencies and the Weld County Code. PRcr'�SEb 5r MAP • Y - U A + a H 1 4stn•fttettxxy.Rr-..1 • "!.:.•.+.:,..r.,..4•1•14 v. DI..r••w.amq att.. 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