HomeMy WebLinkAbout20162124.tiffLAND USE APPLICATION
SUMMARY SHEET
Planner: C. Gathman Hearing Date: June 21, 2016
Case Number: USR16-0011
Applicant: William Enyart (Underdog Properties, LLC)
Address: 10803 W. 100th Drive, Westminster, CO 80021
Request: A Site Specific Development Plan and Use by Special Review Permit for any use
permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the
Commercial or industrial zone districts (Metal Fabrication and Blacksmith shop),
provided that the property is not a Lot in an approved or recorded subdivision plat or
lots parts of a map or plan filed prior to adoption of any regulations controlling
subdivisions in the A (Agricultural) Zone District.
Legal Lot A of Recorded Exemption RECX14-0046; Part of the NW4 of Section 25, Ti N,
Description: R67W of the 6th P.M., Weld County, CO
Location: East of and adjacent to County Road 23 and approximately 650 -feet south of County
Road 6.
Size of Parcel: +/- 2.48 acres Parcel No. 1469-25-2-00-023
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:
VV V V‘22
Weld County Department of Public Works, referral dated April 15, 2016
Weld County Department of Planning Services - Engineer, referral dated May 4, 2016
Weld County Department of Public Health and Environment, referral dated May 6, 2016
Brighton Fire Rescue District, referral dated April 13, 2016
Division of Water Resources, referral dated April 18, 2016
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
➢ Department of Public Works - Access, April 15, 2016
➢ Weld County Zoning Compliance, referral dated April 8, 2016
Y Weld County Sheriff's Office, referral dated April 15, 2016
The Department of Planning Services' staff has not received responses from the following agencies:
Weld County Building Inspection
Colorado Parks and Wildlife
Colorado Department of Transportation
City of Fort Lupton
City of Brighton
Adams County
USR16-0011 — Wonderdog Properties, LLC Page 1
➢ School District RE -8
➢ Brighton Ditch
USR16-0011 — Wonderdog Properties, LLC Page 2
SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
Planner: C. Gathman Hearing Date: June 21, 2016
Case Number: USR16-0011
Applicant: William Enyart (Underdog Properties, LLC)
Address: 10803 W. 100th Drive, Westminster, CO 80021
Request: A Site Specific Development Plan and Use by Special Review Permit for any use
permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the
Commercial or industrial zone districts (Metal Fabrication and Blacksmith shop), provided
that the property is not a Lot in an approved or recorded subdivision plat or lots parts of a
map or plan filed prior to adoption of any regulations controlling subdivisions in the A
(Agricultural) Zone District.
Legal Lot A of Recorded Exemption RECX14-0046; Part of the NW4 of Section 25, Ti N, R67W
Description: of the 6th P.M., Weld County, CO
Location: East of and adjacent to County Road 23 and approximately 650 -feet south of County
Road 6.
Size of Parcel: +/- 2.48 acres Parcel No. 1469-25-2-00-023
Case Summary:
The applicant is proposing to construct a 5,000 sq. foot shop building (with the building designed for the
possibility of a future 3,000 square foot expansion) for a metal fabrication and blacksmithing company.
The building is designed to hold up to 10 employees. The business is proposed to operate 7 AM to 7 PM
Monday — Sunday. The site will be accessed by passenger vehicles and the occasional delivery vehicles
that will way up to 75,000 pounds up to 30 round trips per day. The applicant is proposing a privacy fence
and gate on the southern part of the property to be located between the proposed building and circulation
area. The access for the business is proposed to be at the northern end of the property. Vehicles
associated with the business will not utilize the existing access at the south end of the property (adjacent
to the existing residence on the adjacent property) per access permit AP16-00075. The facility is
proposing to utilize a permitted commercial well and septic system.
DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE
APPROVED FOR THE FOLLOWING REASONS:
1. The submitted materials are in compliance with the application requirements of Section 23-2-260
of the Weld County Code.
2. It is the opinion of the Department of Planning Services' staff that the applicant has shown
compliance with Section 23-2-220 of the Weld County Code as follows:
A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other
applicable code provisions or ordinance in effect.
Section 22-2-20.G.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."
USR16-0011 — Wonderdog Properties, LLC Page 3
The proposed use is located on a small parcel (2.61 acres) not conducive to larger scale
farming and Agricultural uses. The proposed use will be located within a building and the
applicant is proposing a separate access off of County Road 23 so that traffic associated
with this facility is not sharing the existing access with the property and residence to the
south.
Section 22-2-20.1. A.Goal 9. states: "Reduce potential conflicts between varying land
uses in the conversion of traditional agricultural lands to other land uses."
Development standards and conditions of approval are attached including screening and
noise limits to reduce impacts on adjacent residences and uses in the area.
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 of the Weld County Code for any use
permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the
Commercial or Industrial Zone Districts, (Metal Fabrication and Blacksmith shop),
provided that the property is not a Lot in an approved or recorded subdivision plat or lots
parts of a map or plan filed prior to adoption of any regulations controlling subdivisions in
the A (Agricultural) Zone District.
C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the
existing surrounding land uses. The proposed building and circulation area are located
approximately 240- 200 feet from the nearest residence to the south and is approximately
450 -feet from a residence located to the west (across County Road 23).
Staff received a letter of concern/objection from the nearest residential property listing a
number of concerns and objections including:
Potential concerns with disposal and contamination of wastes/chemicals
associated with the business and the potential of disposal of
these wastes in the septic system along with the potential for
contamination from run-off associated with the use.
Concern that excessive noise from the business will be disruptive to the
neighboring residences (disturbance of sleep...) along with
being disruptive to wildlife in the area.
The concern that the business has expanded beyond what was originally
discussed (up to 10 outside employees).
The potential that the applicant would be utilizing the same water well as the
neighboring property owner.
That the business does not support agricultural industry in Weld County.
The applicant has been granted a separate well permit for commercial use under permit
number AP -79876-F. The applicant will not be sharing the existing well for this proposed
commercial use. Septic systems cannot be utilized for disposal of wastes and chemicals.
Additionally there is a development standard attached requiring any wastes to be
disposed of in a manner that protects against surface and groundwater contamination. A
noise standard is attached that requires the applicant to stay within the Commercial
Noise limits of the Weld County Code. Commercial noise limits require that noise cannot
exceed 60 Decibels 25 -feet from the property line. The applicant has provided a letter of
response to the surrounding property owner letter.
USR16-0011 — Wonderdog Properties, LLC Page 4
D. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with future
development of the surrounding area as permitted by the existing zoning and with the
future development as projected by Chapter 22 of the Weld County Code and any other
applicable code provisions or ordinances in effect, or the adopted Master Plans of
affected municipalities.
The site is located within the three (3) mile referral areas of Fort Lupton, Brighton and
Adams County. The site is also located within the cooperative planning area (IGA)
boundary between the Town of Fort Lupton and Weld County. No referral response has
been received from Fort Lupton, Brighton or Adams County.
E. Section 23-2-220.A.5 -- The application complies with Chapter 23, Articles V and XI, of
the Weld County Code.
The site is not in a floodplain.
Building Permits issued on the lot will be required to adhere to the fee structure of the
County -Wide Road Impact Fee Program.
Building Permits issued on the proposed lot will be required to adhere to the fee structure
of the County Facility Fee and Drainage Impact Fee Programs.
F. Section 23-2-220.A.6 -- The applicant has demonstrated a diligent effort to conserve
prime agricultural land in the locational decision for the proposed use.
The proposed facility is located on approximately 2.61 acres delineated as "Prime" per
the 1979 Soil Conservation Service Important Farmlands of Weld County Map. The
parcel is not being farmed and the south portion of the parcel is already covered with
existing improvements.
G. Section 23-2-220.A.7 — There is adequate provisions for the protection of the health,
safety, and welfare of the inhabitants of the neighborhood and County.
The Design Standards (Section 23-2-240, Weld County Code), Operation Standards
(Section 23-2-250, Weld County Code), Conditions of Approval and Development
Standards can ensure that there are adequate provisions for the protection of health,
safety, and welfare of the inhabitants of the neighborhood and County.
This recommendation is based, in part, upon a review of the application materials submitted by the
applicant, other relevant information regarding the request, and responses from referral entities.
The Department of Planning Services' staff recommendation for approval is conditional upon the
following:
1. Prior to recording the plat:
A. The applicant shall attempt to address the comments of the Brighton Fire Rescue District,
as stated in the referral response dated April 13, 2016. Written evidence of such shall be
submitted to the Weld County Department of Planning Services. (Department of Planning
Services)
The applicant indicates he is constructing a bridge across the Brighton Ditch per access
permit AP16-00075 along the north side of the property for the proposed business. The
applicant shall provide written evidence from the Brighton Ditch of a ditch crossing
agreement or other form of permission authorizing crossing of the ditch. (Department of
Planning Services)
USR16-0011 — Wonderdog Properties, LLC Page 5
C. The plat shall be amended to delineate the following:
1. All sheets of the map shall be labeled USR16-0011. (Department of Planning
Services)
The attached Development Standards. (Department of Planning Services)
3. The map shall be prepared in accordance with Section 23-2-260.D of the Weld
County Code. (Department of Planning Services)
4. The applicant shall delineate on the map the trash collection areas. Section
23-3-350.H of the Weld County Code addresses the issue of trash collection areas.
(Department of Planning Services)
5. County Road 23 is a gravel road and is designated on the Weld County Road
Classification Plan 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)
6. Show and label the approved access point(s) (AP16-00075), and the appropriate
turning radii on the site plan. (Department of Public Works)
7. Show and label the approved tracking control on the site plan. (Department of Public
Works)
8. Show and label the entrance gate set back a minimum of 80ft from edge of shoulder.
(Department of Public Works)
9. The map shall delineate the landscaping and/or screening. All parking and staging
areas shall be screened from the property to the south by either an opaque fence or
by live plant material or a combination of opaque fencing and landscaping that will
serve to adequately screen the area. (Department of Planning Services)
10. The map shall delineate the lighting. (Department of Planning Services)
11. 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)
12. The map shall delineate the parking area for the vendors, customers and/or
employees. (Department of Planning Services)
13. Show and label all recorded easements on the map by book and page number or
reception number and date on the site plan. (Department of Planning Services -
Engineer)
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 plat for preliminary approval to the Weld County
Department of Planning Services. Upon approval of the plat the applicant shall submit a Mylar
plat along with all other documentation required as Conditions of Approval. The Mylar plat shall
be recorded in the office of the Weld County Clerk and Recorder by the Department of Planning
Services. The plat shall be prepared in accordance with the requirements of Section 23-2-260.D
of the Weld County Code. The Mylar plat and additional requirements shall be submitted within
one hundred twenty (120) days from the date of the Board of County Commissioners Resolution.
The applicant shall be responsible for paying the recording fee. (Department of Planning
Services)
USR16-0011 — Wonderdog Properties, LLC Page 6
3. In accordance with Weld County Code Ordinance #2012-3, approved April 30, 2012, should the
plat not be recorded within the required one hundred twenty (120) days from the date of the
Board of County Commissioners Resolution, a $50.00 recording continuance charge shall added
for each additional three (3) month period. (Department of Planning Services)
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 1 acre is to be disturbed, a Weld County grading permit will be required.
(Department of Planning Services - Engineer)
B. The approved access and tracking control shall be constructed prior to on -site construction.
(Department of Public Works)
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 plat is ready to be recorded in the office
of the Weld County Clerk and Recorder or the applicant has been approved for an early release
agreement. (Department of Planning Services)
USR16-0011 — Wonderdog Properties, LLC Page 7
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Wonderdog Properties, LLC
USR16-0011
1. A Site Specific Development Plan and Use by Special Review Permit, USR16-0011, for any use
permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the Commercial or
industrial zone districts (Metal Fabrication Shop and blacksmithing shop), provided that the property
is not a Lot in an approved or recorded subdivision plat or lots parts of a map or plan filed prior to
adoption of any regulations controlling subdivisions in the A (Agricultural) Zone District, subject to the
Development Standards stated hereon. (Department of Planning Services)
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld
County Code. (Department of Planning Services)
3. The hours of operation are 7:00 a.m. — 7:00 p.m. Monday — Sunday. (Department of Planning
Services)
4. The maximum number of on -site employees shall be 10. (Department of Planning Services)
5. The proposed Metal Fabrication and Blacksmithing shop shall utilize the access approved under
access permit number AP16-00075. No other access shall be utilized with this USR. (Department of
Planning Services/Department of Public Works)
6. The parking area on the site shall be maintained. (Department of Planning Services)
7. All signs shall adhere to Chapter 23, Article IV, Division 2 and Appendices 23-C, 23-D and 23-E of the
Weld County Code. (Department of Planning Services)
8. The landscaping/screening on the site shall be maintained. (Department of Planning Services)
9. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act,
30-20-100.5, C.R.S.) shall be stored and removed for final disposal in a manner that protects against
surface and groundwater contamination. (Department of Public Health and Environment)
10. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those
wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites
and Facilities Act, 30-20-100.5, C.R.S. (Department of Public Health and Environment)
11. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust,
fugitive particulate emissions, blowing debris, and other potential nuisance conditions. The applicant
shall operate in accordance with Chapter 14, Article 1 of the Weld County Code. (Department of
Public Health and Environment)
12. Fugitive dust should attempt to be confined on the property. Uses on the property should comply with
the Colorado Air Quality Commission's air quality regulations. (Department of Public Health and
Environment)
13. 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)
14. Adequate drinking, hand washing and toilet facilities shall be provided for employees, at all times.
For employees or contractors on site for less than 2 consecutive hours a day, and 2 or less full time
employees on site, portable toilets and bottled water are acceptable. Records of maintenance and
proper disposal for portable toilets shall be retained on a quarterly basis and available for review by
the Weld County Department of Public Health and Environment. Portable toilets shall be serviced by
a cleaner licensed in Weld County and shall contain hand sanitizers. (Department of Public Health
USR16-0011 — Wonderdog Properties, LLC Page 8
and Environment)
15. Any septic system located on the property must comply with all provisions of the Weld County Code,
pertaining to On -site Wastewater Treatment Systems. (Department of Public Health and
Environment)
16. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
(Department of Public Health and Environment)
17. 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)
18. 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)
19. 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)
20. The property owner shall control noxious weeds on the site. (Department of Public Works)
21. The access to the site shall be maintained to mitigate any impacts to the public road including
damages and/or offsite tracking. (Department of Public Works)
22. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Department of Public Works)
23. The historical flow patterns and runoff amounts on the site will be maintained. (Department of
Planning Services - Engineer)
24. Building permits may be required, per Section 29-3-10 of the Weld County Code. Currently, the
following have been adopted by Weld County: 2012 International Codes, 2006 International Energy
Code, and 2014 National Electrical Code. A Building Permit Application must be completed and two
(2) complete sets of engineered plans bearing the wet stamp of a Colorado registered architect or
engineer must be submitted for review. A Geotechnical Engineering Report performed by a Colorado
registered engineer shall be required or an Open Hole Inspection. (Department of Building Inspection)
25. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code.
26. 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.
27. 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.
USR16-0011 — Wonderdog Properties, LLC Page 9
28. 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.
29. 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.
30. 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.
USR16-0011 — Wonderdog Properties, LLC Page 10
People are exposed to different hazards in the County than in an urban or suburban setting. Farm
equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center
pivot operations, high speed traffic, sandburs, puncture vines, territorial farm dogs and livestock, and
open burning present real threats. Controlling children's activities is important, not only for their
safety, but also for the protection of the farmer's livelihood.
USR16-0011 — Wonderdog Properties, LLC Page 11
May 25, 2016
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.co.weld.co.us
E-MAIL: cgathman@co.weld.co.us
PHONE: (970) 353-6100, Ext. 3537
FAX: (970) 304-6498
ENYART BILLY
10803 W 100TH DR
WESTMINSTER, CO 80021
Subject: USR16-0011 - A Site Specific Development Plan and Use by Special Review Permit for any
Use permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the Commercial or
industrial zone districts (metal fabrication shop and blacksmithing shop), provided that the property is
not a Lot in an approved or recorded subdivision plat or lots parts of a map or plan filed prior to adoption
of any regulations controlling subdivisions in the A (Agricultural) Zone District.
On parcel(s) of land described as:
PART NW4 SECTION 25, Ti N, R67W LOT A REC EXEMPT RECX14-0046 OF THE 6TH P.M., WELD
COUNTY, COLORADO.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on June 21, 2016, at 12:30
p.m. A subsequent hearing with the Board of County Commissioners will be held on July 13, 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.orq
If you have any questions concerning this matter, please call.
Respectfully,
5114/
Chris Gathman
Planner
Digitally signed by Kristine Ranslem
Reason: I am the author of this document
Date: 2016.05.25 11:29:51 -06'00'
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.co.weld.co.us
E-MAIL: cgathman@co.weld.co.us
PHONE: (970) 353-6100, Ext. 3537
FAX: (970) 304-6498
April 07, 2016
ENYART BILLY
10803 W 100TH DR
WESTMINSTER, CO 80021
Subject: USR16-0011 - A Site Specific Development Plan and Use by Special Review Permit for any use
permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the Commercial or
industrial zone districts (metal fabrication shop and blacksmithing shop), provided that the property is
not a Lot in an approved or recorded subdivision plat or lots parts of a map or plan filed prior to adoption
of any regulations controlling subdivisions.
On parcel(s) of land described as:
PART NW4 SECTION 25, T1 N, R67W LOT A REC EXEMPT RECX14-0046 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:
Fort Lupton at Phone Number 303-857-6694
Brighton at Phone Number 303-655-2000
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
Reason: l am the author of this document
Date: 2016.04.07 09:06:58 -06'00'
Chris Gathman
Planner
FIELD CHECK
inspection dates: 6/10/2016
APPLICANT: William Enyart (Underdog Properties, LLC)
CASE #: USR16-0011
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for any use
permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the
Commercial or industrial zone districts (Metal Fabrication and Blacksmith shop), provided that
the property is not a Lot in an approved or recorded subdivision plat or lots parts of a map or
plan filed prior to adoption of any regulations controlling subdivisions in the A (Agricultural)
Zone District.
LEGAL: Lot A of Recorded Exemption RECX14-0046; Part of the NW4 of Section 25, Ti N, R67W
of the 6th P.M., Weld County, CO
LOCATION: East of and adjacent to County Road 23 and approximately 650 -feet south of County
Road 6.
PARCEL ID #s: 1469-25-2-00-023
ACRES: +/- 2.48 acres
Zoning
Land Use
N
A
N
Cropland
E
A
E
Cropland (approved for Gravel Mining USR)
S
A
S
SF residence
W
A
W
SF residence
COMMENTS:
Existing outbuilding and propane tank located on the property.
ltiw>
C_
Chris Gathman - Planner Ill
Chris Gathman
From:
Sent:
To:
Subject:
Wayne Howard
Monday, March 28, 2016 2:37 PM
Billy Enyart; Chris Gathman
RE: Completeness Review Comments for USR application
If PW is okay with the 100' of RAP then I am as well. It should be measured from the edge of rd back into the access
point.
Wayne Howard, P.E.
Development Engineer
Department of Planning Services
P.O. Box 758, 1555 N. 17th Ave.
Greeley, CO 80632
970-353-6100, Ext. 3551
4019
Website: http://www.co.weld.co.us
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. If you have received this communication in error, please immediately notify sender by return
e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the
contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited.
From: Billy Enyart [mailto:Billy@forgeandfabrication.com]
Sent: Monday, March 28, 2016 2:20 PM
To: Chris Gathman <cgathman@co.weld.co.us>
Cc: Wayne Howard <whoward@co.weld.co.us>
Subject: Re: Completeness Review Comments for USR application
Hi Chris,
I will be dropping off a check to your office today.
On another note, I spoke with Morgan Gabbert today about tracking control. She said that it would be sufficient
to have 100' of recycled asphalt leading up to the entrance. I've copied Wayne Howard on this email.
Wayne- does this sound like it will work for you?
Thanks,
Billy Enyart
Enyart Forge and Fabrication
1
4747 National Western Drive
Denver, Co 80216
(303) 506-0058
www.forgcandfabrication.com
On Mar 22, 2016, at 7:23 AM, Chris Gathman <csathman(a co.weld.co.us> wrote:
From: Chris Gathman
Sent: Monday, March 21, 2016 4:12 PM
To: Chris Gathman <cuathman(2uco.wcld.co.us>
Subject: RE: Completeness Review Comments for USR application
Dear Billy,
Based on your responses — I can proceed with setting up your USR application. One item we will
need to take care of is the application fee:
You can drop off a check, cash, pay by credit card or pay by phone/e-mail:
If you pay by phone/e-mail — we need the following info:
Name on card
Card #
Expiration date
Security code
Zip Code
Regards,
2
Chris Gathman
Planner 111
Weld County Department of Planning Services
1555 N. 17th Avenue, Greeley CO. 80631
Ph: (970)353-6100 ext. 3537
Fax: (970)304-6498
<image004.jpg>
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. If you have
received this communication in error, please immediately notify sender by return e-mail and
destroy the communication. Any disclosure, copying, distribution or the taking of any action
concerning the contents of this communication or any attachments by anyone other than the
named recipient is strictly prohibited.
From: Chris Gathman
Sent: Thursday, March 17, 2016 8:43 AM
To: 'Billy Enyart' <13 illv(a)forucandfabrication.com>
Cc: Lauren Light <lliaht(wco.wcld.co.us>
Subject: RE: Completeness Review Comments for USR application
Billy,
I am a planner. Our Department does not review or process septic permits — so I cannot help you
there. You need to contact the Environmental Health Department — (970)304-6420.
Regards,
3
Chris Gathman
Planner III
Weld County Department of Planning Services
1555 N. 17th Avenue, Greeley CO. 80631
Ph: (970)353-6100 ext. 3537
Fax: (970)304-6498
<image004.jpg>
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. If you have
received this communication in error, please immediately notify sender by return e-mail and
destroy the communication. Any disclosure, copying, distribution or the taking of any action
concerning the contents of this communication or any attachments by anyone other than the
named recipient is strictly prohibited.
From: Billy Enyart [mailto:Billvktforecandfab-ication.com]
Sent: Thursday, March 17, 2016 8:21 AM
To: Chris Gathman <cgathman(c)co.weld.co.us>
Cc: Lauren Light <11iaht(c;co.weld.co.us>
Subject: Re: Completeness Review Comments for USR application
Thats great news!
How should I submit my design and payment, and how much will that payment be?
Thanks,
Billy
Billy Enyart
4
Enyart Forge and Fabrication
4747 National Western Drive
Denver, Co 80216
(303) 506-0058
wuw.forgcandfabrication.com
On Mar 17, 2016, at 8:15 AM, Chris Gathman <ceathman(a co.weld.co.us> wrote:
FYI on the septic. See below.
Chris Gathman
Planner III
Weld County Department of Planning Services
1555 N. 17th Avenue, Greeley CO. 80631
Ph: (970)353-6100 ext. 3537
Fax: (970)304-6498
<image001.jpg>
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. If you have received this communication in error,
please immediately notify sender by return e-mail and destroy the
communication. Any disclosure, copying, distribution or the taking of any action
concerning the contents of this communication or any attachments by anyone
other than the named recipient is strictly prohibited.
From: Lauren Light
Sent: Thursday, March 17, 2016 8:12 AM
To: Chris Gathman <caathman(c)co.weld.co.us>
Subject: RE: Completeness Review Comments for USR application
5
If the residential permit is less than a year old it is still valid but an updated design
and extra fee for commercial will be required. If the permit exceeds a year than
they have to start over.
Lauren Light, M.B.S.
Program Manager/Environmental Planner, Environmental Health Services
Weld County Department of Public Health & Environment
1555 N. 17th Ave.
Greeley, CO 80631
IIiuht(wco:weld .co,us
970-304-6415 Ext. 2211 (office)
970-304-6411 (fax)
P Think Green - Not every email needs to be printed
<image003.png><image003.png> <image003.png>
<image007.png>
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. If you have received this communication in error,
please immediately notify sender by return e-mail and destroy the
communication. Any disclosure, copying, distribution or the taking of any action
concerning the contents of this communication or any attachments by anyone
other than the named recipient is strictly prohibited.
From: Chris Gathman
Sent: Wednesday, March 16, 2016 7:33 PM
To: Lauren Light <l1iuht(a)co.wcld.co.us>
Subject: FW: Completeness Review Comments for USR application
Lauren,
6
See question below. I am assuming that a new separate septic permit application
would be needed?
Chris Gathman
Planner III
Weld County Department of Planning Services
1555 N. 17th Avenue, Greeley CO. 80631
Ph: (970)353-6100 ext. 3537
Fax: (970)304-6498
<image006.jpg>
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. If you have received this communication in error,
please immediately notify sender by return e-mail and destroy the
communication. Any disclosure, copying, distribution or the taking of any action
concerning the contents of this communication or any attachments by anyone
other than the named recipient is strictly prohibited.
From: Billy Enyart [mailto:Billy(wforecandfab-ication.com]
Sent: Monday, March 14, 2016 9:30 AM
To: Chris Gathman <cgathman(c)co.weld.co.us>
Subject: Re: Completeness Review Comments for USR application
Hi Chris,
Just wanted to touch base on a couple of follow-up items:
-I've dropped the certificate of conveyances by your office to your
attention. Please let me know when you've gotten the documents.
-Also, please find the updated site plan here.
7
- I will be submitting my application for my septic permit this week. One
question for Lauren Light that I have: There is a residential permit in place for a
house that was never built. Can this use be changed to commercial, or do 1 need a
separate permit entirely?
- I've shown a cattle guard on my site plan for tracking control. Ts this the
best way to provide tracking control'?
Thanks,
Billy
Billy Enyart
Enyart Forge and Fabrication
4747 National Western Drive
Denver, Co 80216
(303) 506-0058
www.forgcandfabrication.com
On Mar 11, 2016, at 5:55 AM, Chris Gathman <cgathman(c•co.wcld.co.us>
wrote:
Dear Billy,
I have forwarded your response to our Engineering and
Environmental Health Departments. am out of the office today. If
8
you come by today you call drop it off to my attention (put the pre -
app #: PRE 15-0189) on the Certificate of Conveyances. Or if you
have a digital/scanned copy of the pre -app — you can e-mail it to
me.
Regards,
Chris Gathman
Planner III
Weld County Department of Planning Services
1555 N. 17th Avenue, Greeley CO. 80631
Ph: (970)353-6100 ext. 3537
Fax: (970)304-6498
<image002.jpg>
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. If you have received this communication in error,
please immediately notify sender by return e-mail and destroy the
communication. Any disclosure, copying, distribution or the taking
of any action concerning the contents of this communication or any
attachments by anyone other than the named recipient is strictly
prohibited.
From: Billy Enyart [mailto:Billy(wforecandfab-ication.com]
Sent: Thursday, March 10, 2016 12:51 PM
To: Chris Gathman <c<nathman(cuco.weld.co.us>
Subject: Re: Completeness Review Comments for USR
application
Importance: High
Chris,
9
Thanks for getting back to me with your review. Please see notes
below:
Department of Planning Services items:
* There is no vicinity map on your site plan map.
Please add a vicinity map to your site plan map or
submit separately (see Vicinity Map requirements
attachment - note: you do not need to indicate soils
information on the vicinity map). The vicinity map
is a separate document from the site plan- It can be
found in the dropbox folder
here: https://www.dropbox.com/sh/idjogn0ju5p3ip9
/AADIyp0nB-Qr8dwOAluC TSDa?d1=0
* You are showing trees on your site map. I
recommend indicating the type of trees (and height)
on the site map. I will take care of this and re-
submit the site plan to you.
* When 1 open up the Certificate of Conveyances
attachment - it only gives me the cover sheet. The
deeds listed on the Certificate of Conveyances need
to be attached. I recommend following up with the
Title Company on this. I have received the full
certificate of conveyances at this point, and have a
hard copy for you. When would be a good time to
drop this by'?
If you have any questions on these items - you can
contact me (Chris Gathman - contact info. below).
Department of Environmental Health:
No information regarding septic please look at pre -
app minutes. Lauren looked at your waste treatment
information and indicated that this still not address
her septic comments. (I have attached the pre -
application meeting minutes) For some reason I
assumed that I was applying for a septic permit
through by submitting my drawings (I also did this
by submitting all of my building application
documents to you). I will be applying for a septic
permit which, when obtained, should address the
comments from our pre -application
meeting minutes.
If you have any questions you can contact Lauren
to
Light at lliuht(crAwclduov.com or 970-304-6420 ext.
2211
Weld County Engineering:
Engineering is not requiring any additional items
with the application - however they did have the
following comment after reviewing the traffic
information: Questionnaire did increase traffic
which will require high degree of tracking control. I
can put a cattle guard in for tracking control. This
will also be shown on the revised site plan.
If you have any questions regarding the engineering
comments you can contact Wayne Howard at
whoward(ccwcldgov.com or 970-353-6100 ext.
3540 (ask for Wayne Howard).
Note: you attached a lot of building permit
attachments with this application. The building
permit process is completely separate from the USR
application process. We are not reviewing building
permit items for completeness. If you intend to
submit a building permit application - you need to
submit it separately to our building department.
Sony for the confusion here- I'll submit this to the
correct department.
Thanks again for your help!
Billy Enyart
Enyart Forge and Fabrication
4747 National Western Drive
Denver, Co 80216
(303) 506-0058
11
yww.forgcandfabrication.com
On Mar 9, 2016, at 7:01 PM, Chris Gathman
<cgathman(Uco.weld.co.us> wrote:
Dear Billy,
The Planning, Environmental Health, Public Works
and Engineering Departments have reviewed your
application. The following items are needed:
Department of Planning Services items:
* There is no vicinity map on your site plan map.
Please add a vicinity map to your site plan map or
submit separately (see Vicinity Map requirements
attachment - note: you do not need to indicate soils
information on the vicinity map).
* You are showing trees on your site map. I
recommend indicating the type of trees (and height)
on the site map.
* When I open up the Certificate of Conveyances
attachment - it only gives me the cover sheet. The
deeds listed on the Certificate of Conveyances need
to be attached. I recommend following up with the
Title Company on this.
If you have any questions on these items - you can
contact me (Chris Gathman - contact info. below).
Department of Environmental Health:
No information regarding septic please look at pre -
app minutes. Lauren looked at your waste treatment
information and indicated that this still not address
her septic comments. (I have attached the pre -
application meeting minutes)
If you have any questions you can contact Lauren
Light at Ilig.,ht(wwcldg.,ov.com or 970-304-6420 ext.
2211
Weld County Engineering:
Engineering is not requiring any additional items
with the application - however they did have the
following comment after reviewing the traffic
12
information: Questionnaire did increase traffic
which will require high degree of tracking control.
If you have any questions regarding the engineering
comments you can contact Wayne Howard at
whoward(c&weldaov.com or 970-353-6100 ext.
3540 (ask for Wayne Howard).
Note: you attached a lot of building permit
attachments with this application. The building
permit process is completely separate from the USR
application process. We are not reviewing building
permit items for completeness. If you intend to
submit a building permit application - you need to
submit it separately to our building department.
FYI: I am out of the office at training this Thursday
(3/10) and Friday (3/11). Time permitting I will
check e -mails 1st thing in the morning.
Regards,
Chris Gathman
Planner III
Weld County Department of Planning Services
1555 N. 17th Avenue, Greeley CO. 80631
Ph: (970)353-6100 ext. 3537
Fax: (970)304-6498
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. If you have received this communication
in error, please immediately notify sender by return
e-mail and destroy the communication. Any
disclosure, copying, distribution or the taking of any
action concerning the contents of this
communication or any attachments by anyone other
than the named recipient is strictly prohibited.
<PRE15-0189 Do Right Inc.doc><Vicinity Map
requirements.pdf>
13
Hello