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HomeMy WebLinkAbout20160733.tiff La61 �.E LAND USE APPLICATION SUMMARY SHEET et Planner: Diana Aungst Hearing Date: February 2, 2016 Case Number: USR15-0075 Applicant: Weld LV LLC, do Gerrard Investments, LLC 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 and Industrial Zone Districts (construction business with an office, maintenance shop, warehouse, outdoor wash bay, fueling station and outdoor storage) in the A(Agricultural)Zone District Legal Lot B of Recorded Exemption RE-4033; Part of the SW4 Section 18, T5N, R67W of the Description: 6th P.M., Weld County, CO Location: East of and adjacent to CR 13 and north of and adjacent to CR 56 Size of Parcel: +/- 38.12 acres Parcel No. 0957-18-3-00-047 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: ➢ Town of Windsor, referral dated December 24, 2015 y Weld County Department of Planning Services - Engineer, referral dated December 28, 2015 • Weld County Department of Public Health and Environment, referral dated December 17, 2015 The Department of Planning Services' staff has received referral responses without comments from the following agencies: City of Greeley, referral dated December 18, 2015 • City of Loveland, referral dated December 28, 2015 • Colorado Parks and Wildlife, referral dated December 10, 2015 • Weld County Sheriff's Office, referral dated November 30, 2015 • Weld County Zoning Compliance, referral dated December 7, 2015 • State of Colorado, Division of Water Resources, referral dated December 15, 2015 • Weld County Department of Public Works-Access, referral dated December 2, 2015 The Department of Planning Services' staff has not received responses from the following agencies: ▪ Larimer County ➢ Weld County School District RE-5J ➢ Town of Johnstown ➢ Big Thompson Conservation District ➢ Union Pacific Railroad ➢ Department of Labor and Employment • Great Western Railroad ➢ Colorado Department of Transportation • Little Thompson Water District ➢ Weld County Department of Building Inspection ➢ Johnstown Fire Protection District USR15-0075 Page 1 of 10 I'7 SPECIAL REVIEW PERMIT ✓ Il'— ADMINISTRATIVE REVIEW 2— G_0-UNT T Planner: Diana Aungst Hearing Date: February 2, 2016 Case Number: USR15-0075 Applicant: Weld LV LLC, do Gerrard Investments, LLC 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 and Industrial Zone Districts (construction business with an office, maintenance shop, warehouse, outdoor wash bay, fueling station and outdoor storage) in the A (Agricultural)Zone District Legal Lot B of Recorded Exemption RE-4033; Pad of the SW4 Section 18, T5N, R67W of the Description: 6th P.M., Weld County, CO Location: East of and adjacent to CR 13 and north of and adjacent to CR 56 Size of Parcel: +/- 38.12 acres Parcel No. 0957-18-3-00-047 Case Summary: The applicant is proposing a construction business with two shop buildings, an office, and outdoor storage of equipment and trucks. The USR will occupy 10 acres and the remaining acreage will be kept in alfalfa. The hours of operation are proposed to be 6:00 a.m. to 7:00 p.m. Monday thru Saturday. A majority of the 150 full-time employees report directly to jobsites and will only visit this site occasionally. A maximum of 50 of these employees will use this site on a regular basis. Typically, only 15 employees will be present on site for the entire work day. Equipment and materials will be stored in the fenced area (the yard). Storage items include construction equipment, trench boxes/shoring materials, various sizes and types of materials storage containers, trailers, trucks, miscellaneous equipment parts and attachments, pumps & hoses, specialty aggregate materials, barricades, construction materials like pipe and appurtenances, lumber, poles, bridge beams, steel beams and columns, manholes, forms, fencing, and straw waddles. The yard will be fenced with a six-foot chain-link black vinyl-clad fence with 3-strands of barbed wire for security. Staff is requesting that the screening along the north and south of the yard be opaque. The orientation of the covered parking structure screens the yard from CR 13. The application materials state that lighting and signage is proposed. The screening, signage, and the lighting will need to be shown on the site plan and meet the requirements of the Weld County Code. DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS: 1. The submitted materials are in compliance with the application requirements of Section 23-2-260 of the Weld County Code. 2. It is the opinion of the Department of Planning Services' staff that the applicant has shown compliance with Section 23-2-220 of the Weld County Code as follows: A. Section 23-2-220.A.1. -- The proposed use is consistent with Chapter 22 and any other applicable code provisions or ordinance in effect. USR15-0075 Page 2 of 10 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 applicant is proposing a construction business with two shop buildings, an office, and outdoor storage of equipment and trucks. A majority of the 150 full-time employees report directly to jobsites and will only visit this site occasionally. A maximum of 50 of these employees will use this site on a regular basis. Typically, only 15 employees will be present on site for the entire work day. Equipment and materials will be stored in the fenced area (the yard). Storage items include construction equipment, trench boxes/shoring materials, various sizes and types of materials storage containers, trailers, trucks, miscellaneous equipment parts and attachments, pumps & hoses, specialty aggregate materials, barricades, construction materials like pipe and appurtenances, lumber, poles, bridge beams, steel beams and columns, manholes, forms, fencing, and straw waddles. The yard will be fenced with a six-foot chain-link black vinyl-clad fence with 3-strands of barbed wire for security. Staff is requesting that the screening along the north and south of the yard be opaque. The orientation of the covered parking structure screens the yard from CR 13. The application materials state that lighting and signage is proposed. The screening, signage, and the lighting will need to be shown on the site plan and meet the requirements of the Weld County Code. The Code requirements for lights and the screening will assist in mitigating the impacts of the facility on the adjacent properties and ensure compatibility with surrounding land uses. 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 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 and Industrial Zone Districts (construction business with an office, maintenance shop, warehouse, outdoor wash bay, fueling station and outdoor storage) in the A (Agricultural)Zone District. C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing surrounding land uses. The adjacent lands consist of pastures, crops, rural residences. The Union Pacific Railroad is on the northeast boundary and the Great Western Railroad is on the southwest boundary. The closest residence is on the northwest corner of the site there is also a residence south of CR 56. The parcel to the north was recently approved for the Martin Marietta batch plant. There are five (5) USRs located within one mile of this parcel. USR15-0027 for an asphalt batch plant is located north of the site. USR15-0028 for a wedding venue is located about one-half mile to the east of the site. USR15-0040 for a Commercial Truck Parking and Transload Facility is located southeast of the site. USR-818 for a single family residence is located about one mile to the south of the site. USR-1041 for a 12 inch gas line is located north of the site along U.S. Highway 34. The Weld County Department of Planning Services has received one letter objecting to this USR. The letter outline concerns with the possible pollution of their organic farm. 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 USR15-0075 Page 3 of 10 applicable code provisions or ordinances in effect, or the adopted Master Plans of affected municipalities. The site is located within the three (3) mile referral area of the City of Greeley, and the Towns of Windsor and Johnstown. The City of Greeley in their referral comments, dated December 18, 2015 indicated that they have no concerns. The Town of Johnstown did not respond with any referral comments and the Town of Windsor in their in their referral comments, dated December 24, 2015 indicated that: "The proposed development is located outside of the Town's Growth Management Area (GMA) and Community Influence Area (CIA). However, the proposed facility does fall within the Secondary Corridor Area of the Windsor/Greeley intergovernmental agreement (IGA), as amended in 2008. The Town of Windsor and City of Greeley entered into the amended IGA which defined a Cooperative Planning, Land Use and Utility Area (CLUA) as a means to identify and support a land use pattern for the US Highway 34 corridor that would be consistent with the jurisdictions' visions as well as the existing and planned infrastructure in this area. The CLUA defines the Secondary Corridor Area as an area primarily for residential, neighborhood commercial, and other related uses. Therefore, the proposed use is incompatible with this particular vision that the Town of Windsor and City of Greeley have developed for this area. Should the proposed Use by Special Review be approved, the Town of Windsor would respectfully request that the following items be addressed in any conditions of approval: 1. Earth berms and substantial landscape buffers should be incorporated into plans to screen views of industrial uses from US Highway 34, Country Road 13, and from nearby residential uses. 2. Light sources shall be concealed or shielded so as to minimize uplight, spill- light, glare and unnecessary diffusion on neighboring properties." The Weld County Code addresses screening and lighting and the applicant will need to be compliant with the code requirements. E. Section 23-2-220.A.5 -- The application complies with Chapter 23, Article V, of the Weld County Code. The existing site is within the County-Wide Road Impact Fee Area and the Capital Expansion Impact Fee area. Building Permits issued on the lot will be required to adhere to the fee structure of the County-Wide Road Impact Fee Program. Building Permits issued on the proposed lot will be required to adhere to the fee structure of the County Facility Fee and Drainage Impact Fee Programs. F. Section 23-2-220.A.6 -- The applicant has demonstrated a diligent effort to conserve prime agricultural land in the locational decision for the proposed use. The proposed facility is primarily located on soils designated as "Prime (Irrigated)" per the 1979 Soil Conservation Service Important Farmlands of Weld County Map. The historic use of the parcel was cropland. The USR will take about 10 acres of Prime (Irrigated) Farmland out of production. However, the site is in an area that is transitioning to commercial and industrial uses partially due to the location of rail. G. Section 23-2-220.A.7 -- There is adequate provisions for the protection of the health, safety, and welfare of the inhabitants of the neighborhood and County. USR15-0075 Page 4 of 10 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. An Improvements and Road Maintenance Agreement is required for offsite improvements at this location. Road maintenance including dust control, damage repair, specified haul routes and future traffic triggers for improvements will be included. (Department of Public Works) B. A Final Drainage Report and Certification of Compliance stamped and signed by a Professional Engineer registered in the State of Colorado is required. (Department of Planning Services- Engineer) C. The map shall be amended to delineate the following: 1) All sheets of the map shall be labeled USR15-0075. (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) 4) The applicant shall delineate the trash collection areas. Section 23-3-350.H of the Weld County Code addresses the issue of trash collection areas. (Department of Planning Services) 5) The map shall delineate the landscaping and/or screening. The storage yard shall be screened with opaque screening materials on the north and south. (Department of Planning Services) 6) The map shall delineate the lighting. (Department of Planning Services) 7) All signs shall be shown on the map and shall adhere to Chapter 23, Article IV, Division 2 and Appendices 23-C, 23-D and 23-E of the Weld County Code. (Department of Planning Services) 8) The map shall delineate the parking for customers and/or employees. (Department of Planning Services) 9) Show and label the approved access (AP15-00271), and the appropriate turning radii on the site plan. (Department of Planning Services - Engineer) 10) Show and label the approved tracking control on the site plan. (Department of Planning Services- Engineer) USR15-0075 Page 5 of 10 11) Show and label the accepted drainage features and drainage flow arrows on the site plan. Water quality features or stormwater ponds should be labeled as "Water Quality Feature/Stormwater Detention, No-Build or Storage Area" (Include final calculated volume). (Department of Planning Services- Engineer) 2. Upon completion of Condition of Approval #1 above, the applicant shall submit one (1) paper copy or one (1) electronic copy (.pdf) of the map for preliminary approval to the Weld County Department of Planning Services. Upon approval of the map the applicant shall submit a Mylar map along with all other documentation required as Conditions of Approval. The Mylar map shall be recorded in the office of the Weld County Clerk and Recorder by the Department of Planning Services. The map shall be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code. The Mylar map and additional requirements shall be submitted within one hundred twenty (120) days from the date of the Board of County Commissioners Resolution. The applicant shall be responsible for paying the recording fee. (Department of Planning Services) 3. In accordance with Weld County Code Ordinance #2012-3, approved April 30, 2012, should the map not be recorded within the required one hundred twenty (120) days from the date of the Board of County Commissioners Resolution, a $50.00 recording continuance charge shall added for each additional three (3) month period. (Department of Planning Services) 4. The Department of Planning Services respectfully requests a digital copy of this Use by Special Review, as appropriate. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles or ArcGIS Personal GeoDataBase (MDB). The preferred format for Images is .tif (Group 4). (Group 6 is not acceptable). This digital file may be senttomaps@co.weld.co.us. (Department of Planning Services) 5. Prior to Construction: A. If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required. (Department of Planning Services- Engineer) 6. Prior to Operation: A. The approved access and tracking control shall be constructed. Temporary tracking control shall be used during construction. (Department of Planning Services - Engineer) 7. 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) USR15-0075 Page 6 of 10 SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Weld LV LLC, c/o Gerrard Investments, LLC USR15-0075 1. 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 and Industrial Zone Districts (construction business with an office, maintenance shop, warehouse, outdoor wash bay, fueling station and outdoor storage) 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 number of on-site employees shall be 150 full-time employees, as stated by the applicant. (Department of Planning Services) 4. The hours of operation are 6:00 a.m. to 7:00 p.m. Monday thru Saturday, as stated by the applicant. (Department of Planning Services) 5. The required parking on the site shall be maintained. (Department of Planning Services) 6. The landscaping/screening on the site shall be maintained. (Department of Planning Services) 7. All signs shall adhere to Chapter 23, Article IV, Division 2 and Appendices 23-C, 23-D and 23-E of the Weld County Code. (Department of Planning Services) 8. Should noxious weeds exist on the property or become established as a result of the proposed development, the applicant/landowner shall be responsible for controlling the noxious weeds, pursuant to Chapter 15, Articles I and II, of the Weld County Code. (Department of Planning Services - Engineer) 9. The site shall be maintained to mitigate any impacts to the public road including damages and/or offsite tracking. (Planning and Engineering) 10. There shall be no parking or staging of vehicles on public roads. On-site parking shall be utilized. (Department of Planning - Engineer) 11. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Planning Services- Engineer) 12. Weld County is not responsible for the maintenance of onsite drainage related features. (Department of Planning Services- Engineer) 13. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30 20 100.5, C.R.S.) shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. (Department of Public Health and Environment) 14. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites and Facilities Act, 30 20 100.5, C.R.S. (Department of Public Health and Environment) 15. 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) USR15-0075 Page 7 of 10 16. Fugitive dust should attempt to be confined on the property. Uses on the property should comply with the Colorado Air Quality Commission's air quality regulations. (Department of Public Health and Environment) 17. The facility shall adhere to the maximum permissible noise levels allowed in the Residential Zone as delineated in 25 12 103 C.R.S. (Department of Public Health and Environment) 18. Adequate drinking, hand washing and toilet facilities shall be provided for employees, at all times. For employees on site for less than 2 consecutive hours a day portable toilets and bottled water are acceptable. Records of maintenance and proper disposal for portable toilets shall be retained on a quarterly basis and available for review by the Weld County Department of Public Health and Environment. Portable toilets shall be serviced by a cleaner licensed in Weld County and shall contain hand sanitizers. (Department of Public Health and Environment) 19. Sewage disposal for the facility shall be by septic system. Any septic system located on the property must comply with all provisions of the Weld County Code, pertaining to On-site Wastewater Treatment Systems. A permanent, adequate water supply shall be provided for drinking and sanitary purposes. (Department of Public Health and Environment) 20. Process wastewater (such as floor drain wastes) shall be captured in a watertight vault and hauled off for proper disposal. Records of installation, maintenance, and proper disposal shall be retained. (Department of Public Health and Environment) 21. Any vehicle or equipment washing areas shall capture all effluent and prevent discharges in accordance with the Rules and Regulations of the Water Quality Control Commission, and the Environmental Protection Agency. (Department of Public Health and Environment) 22. All potentially hazardous chemicals must be handled in a safe manner in accordance with product labeling. All chemicals must be stored secure, on an impervious surface, and in accordance with manufacturer's recommendations. (Department of Public Health and Environment) 23. The facility shall comply with all provisions of the State Underground and Above Ground Storage Tank Regulations. (Department of Public Health and Environment) 24. 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) 25. 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) 26. 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) 27. The property owner or operator shall be responsible for complying with the Design and Operation Standards of Chapter 23 of the Weld County Code. USR15-0075 Page 8 of 10 28. 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. 29. 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. 30. 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. 31. 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. 32. 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 USR15-0075 Page 9 of 10 development. When moving to the County, property owners and residents must realize they cannot take water from irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water. Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice the size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of state and County roads outside of municipalities. The sheer magnitude of the area to be served stretches available resources. Law enforcement is based on responses to complaints more than on patrols of the County, and the distances which must be traveled may delay all emergency responses, including law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must leave their jobs and families to respond to emergencies. County gravel roads, no matter how often they are bladed, will not provide the same kind of surface expected from a paved road. Snow removal priorities mean that roads from subdivisions to arterials may not be cleared for several days after a major snowstorm. Services in rural areas, in many cases, will not be equivalent to municipal services. Rural dwellers must, by necessity, be more self-sufficient than urban dwellers. People are exposed to different hazards in the County than in an urban or suburban setting. Farm equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center pivot operations, high speed traffic, sand burs, 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. USR15-0075 Page 10 of 10 H N DEPARTMENT OF PLANNING SERVICES a $6i 1555 N 17th AVE GREELEY, CO 80631 WEBSITE: www.co.weld.co.us E-MAIL: daungst@co.weld.co.us �f PHONE: (970) 353-6100, Ext. 3524 p - i FAX: (970) 304-6498 February 05, 2016 GERRARD NATHAN 27486 CR 13 LOVELAND, CO 80534 Subject: USR15-0075 - 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 and Industrial Zone Districts (construction business with an office, maintenance shop, warehouse, outdoor wash bay, fueling station and outdoor storage)in the A(Agricultural)Zone District. On parcel(s)of land described as: PART SW4 SECTION 18, T5N, R67W LOT B REC EXEMPT RE-4033 OF THE 6TH P.M., WELD COUNTY, COLORADO. Dear Applicants: I have rescheduled the meeting with the Weld County Planning Commission to February 23, 2016, at 12:30 p.m. A subsequent hearing with the Board of County Commissioners will be held on March 9, 2016 at 10:00 a.m. Both hearings will be held in the Hearing Room, Weld County Administration Building, 1150 O Street, Greeley, Colorado. It is recommended that you and/or a representative be in attendance to answer any questions the Planning Commission members or Board of County Commissioners may have. If you have any questions concerning this matter, please call. Respectfully, DReason:ally signed y Kristine f Ranslem Reason:l am the author of this document Date:2016.02.05 14:56:59-0700' Diana Aungst Planner H N DEPARTMENT OF PLANNING SERVICES a $6i 1555 N 17th AVE GREELEY, CO 80631 WEBSITE: www.co.weld.co.us E-MAIL: daungst@co.weld.co.us �f PHONE: (970) 353-6100, Ext. 3524 C v i FAX: (970) 304-6498 r January 06, 2016 Gerrard Nathan 27486 CR 13 Loveland, CO 80534 Subject: USR15-0075 - 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 and Industrial Zone Districts (construction business with an office, maintenance shop, warehouse, outdoor wash bay, fueling station and outdoor storage)in the A(Agricultural)Zone District On Darcel(s)of land described as: PART SW4 SECTION 18, T5N, R67W LOT B REC EXEMPT RE-4033 of the 6th P.M., Weld County, Colorado. Dear Applicants: I have scheduled a meeting with the Weld County Planning Commission on February 2, 2016, at 12:30 p.m. A subsequent hearing with the Board of County Commissioners will be held on February 17, 2016 at 10:00 a.m. Both hearings will be held in the Hearing Room, Weld County Administration Building, 1150 O Street, Greeley, Colorado. It is recommended that you and/or a representative be in attendance to answer any questions the Planning Commission members or Board of County Commissioners may have. Colorado Revised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01-1088) requires notification of all mineral estate owners 30 days prior to any public hearing. The applicant needs to provide the Weld County Planning Department with written certification indicating the above requirement has been met. A representative from the Department of Planning Services will be out to the property a minimum of ten days prior to the hearing to post a sign adjacent to and visible from a publicly maintained road right-of-way which identifies the hearing time, date, and location. In the event the property is not adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent place on the property and a second sign posted at the point at which the driveway (access drive) intersects a publicly maintained road right-of-way. The Department of Planning Services' staff will make a recommendation concerning this application to the Weld County Planning Commission and will be included in the staff report one week prior to the scheduled Planning Commission hearing. You may view the staff report at www.weldcou ntyplanningcases.org If you have any questions concerning this matter, please call. Respectfully, ,., RDeason: signed mthe Kristine of Ra dlom (`",("I-`,'n.r„rr�""' Reason: bauthorstin this document U Date:2016.01.06 11:45:09-07'00' Diana Aungst Planner N DEPARTMENT OF PLANNING SERVICES i 1555 N 17th AVE j ' r ^ GREELEY, CO 80631 WEBSITE: www.co.weld.co.us E-MAIL: daungst@co.weld.co.us PHONE: (970)353-6100, Ext. 3524 ti ' Y FAX: (970)304-6498 November 30, 2015 Gerrard Nathan 27486 CR 13 Loveland, CO 80534 Subject: USR15-0075 - 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 and Industrial Zone Districts (construction business with an office, maintenance shop, warehouse, outdoor wash bay, fueling station and outdoor storage)in the A(Agricultural)Zone District On parcel(s)of land described as: PART SW4 SECTION 18, T5N, R67W LOT B REC EXEMPT RE-4033 OF THE 6TH P.M., WELD COUNTY, COLORADO. Dear Applicants: Your application and related materials for the request described above are complete and in order at this time. I will schedule a meeting with you at the end of the review period to discuss the referral comments received by our office. It is the policy of Weld County to refer an application of this nature to any town or municipality lying within three miles of the property in question or if the property under consideration is located within the comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of the submitted materials to the following Planning Commission(s)for their review and comments: Greeley at Phone Number 970-350-9780 Johnstown at Phone Number 970-587-4664 Windsor at Phone Number 970-674-2400 Please call the listed Planning Commissions, for information regarding the date, time and place of the meeting and the review process. It is recommended that you and/or a representative be in attendance at each of the meetings described above in order to answer any questions that might arise with respect to your application. If you have any questions concerning this matter, please call. Respectfully, Digitally signed by Kristine Ranslem o Reason:I am the author of this document Date:2015.1 1.30 11:28:23-07'00' Diana Aungst Planner FIELD CHECK Inspection Date: 1/22/2016 Case Number: USR15-0075 Applicant: Weld LV LLC, do Gerrard Investments, LLC 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 and Industrial Zone Districts (construction business with an office, maintenance shop, warehouse, outdoor wash bay, fueling station and outdoor storage) in the A (Agricultural) Zone District Legal Lot B of Recorded Exemption RE-4033; Part of the SW4 Section 18, T5N, Description: R67W of the 6th P.M., Weld County, CO Location: East of and adjacent to CR 13 and north of and adjacent to CR 56 Size of Parcel: +/- 38.12 acres Parcel No. 0957-18-3-00-047 Zoning Land Use N A (Agricultural) N Industrial (USR15-0027 and U S R 15-0044) E A (Agricultural) E Industrial (USR15-0027) S A (Agricultural) S Rural Residential/Agriculture W Larimer County W Rural Residential/Agriculture COMMENTS: The site is crop land. There is one access point along CR 56. Diana Aungst,gst, Planner Diana Aungst Subject: FW: Outdoor storage Attachments: yard jpg From : Tom Donkle [mailto :tdonkle@gerrardinc.com] Sent: Wednesday, January 20, 2016 10:37 AM To: Diana Aungst <daungst@co.weld .co. us> Cc: ngerrard@gerrardinc.com; tdonkle@gerrardinc.com Subject: RE: Outdoor storage Diana, please find the following informational list you requested. I have also included a picture of the current yard to demonstrate the organized and clean nature of the outside storage. Equipment and materials related to the construction business, may include but is not limited to the following; • Construction Equipment • Trench boxes/Shoring Materials • Various sizes and types of materials storage containers • Trailers • Trucks • Miscellaneous equipment parts and attachments • Pumps & hoses • Specialty aggregate materials • Barricades, • Construction materials including but not limited to; o pipe and appurtenances, o lumber, o poles, o bridge beams, o steel beams and columns, o manholes, o forms, o fencing, o straw waddles Thanks, Tom Thomas D . Donkle Gerrard Excavating Inc. 27486 Weld County Road 13 Loveland, CO 80534 970-669- 1463 office 970-669-1964 fax Air Airlivad lirn Developing A Common Future 1 This e-mail is only intended for the person(s) to whom it is addressed and may contain confidential information and should not be copied, modified, retransmitted, or used for any purpose except with Gerrard Excavating's written authorization. If you have received this e-mail in error, please notify us immediately by e-mail and then delete this message from your system. From : Diana Aungst [mailto:daungst@co.weld.co. us] Sent: Monday, January 18, 2016 2 : 52 PM To: Tom Donkle Cc: ngerrard@gerrardinc.com; PGroom@wobjlaw.com Subject: Outdoor storage Torn : Could you give me a list of items that will be stored in the outdoor storage area? Also, is the fence a black vinyl-clad chain link fence? Thanks, Diana Aungst, AICP, CFM Planner II Weld County Department of Planning Services 1555 N. 17th Avenue - Greeley, Colorado 80631 970-353-6100 ext. 3524 Fax: (970) 304-6498 daungst@weldgov.com www. weldgov.corn lisasSeell Its ► t Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. 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