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Home My WebLink About20162902.tiffRESOLUTION RE: GRANT ZONING PERMIT, ZPHB16-0008, FOR A HOME OCCUPATION - CLASS II (CRUDE OIL HAULING HOME BUSINESS UTILIZING TWO (2) SEMI TRUCKS) IN THE A (AGRICULTURAL) ZONE DISTRICT - DREX AND LANA SHIRA WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board of County Commissioners of Weld County, Colorado, on the 14th day of September, 2016, considered the request of Drex and Lana Shira, 31349 County Road 57, Gill, CO 80624, for a Zoning Permit for a Home Occupation - Class II (Crude Oil Hauling Home Business utilizing two (2) semi trucks) in the A (Agricultural) Zone District, and WHEREAS, said zoning permit is on a parcel of land being more particularly described as follows: Lot A of Recorded Exemption, RE -3125; being part of the S1/2 of Section 27, Township 6 North, Range 64 West of the 6th P.M., Weld County, Colorado WHEREAS, the Board of County Commissioners heard all of the testimony and statements of those present, studied the request of the applicant and the recommendation of the Weld County Department of Planning Services and all of the exhibits and evidence presented in this matter and, having been fully informed, finds that this request shall be approved for the following reasons: 1. The submitted materials are in compliance with the application requirements of Section 23-4-990.B of the Weld County Code. IN 2 U U U Z '!!30 GI gel IL rm 0 P t dN®� NZ; g g coNaa 0 0,1.= VIM 2. It is the opinion of the Department of Planning Services' staff that the applicant has shown compliance with Section 23-4-990.D.1 through D.8 of the Weld County Code as follows: A. Section 23-4-990.D.1 — Compatibility with the surrounding area, harmony with the character of the neighborhood and its effects upon the immediate area. The proposed use based on the application is consistent with a use allowed in the (A) Agricultural Zone District through this zoning permit. The location of the site is near many oil wells in the area which bring in similar trucks up and down this roadway already. The site is also approximately 1 mile south of State Highway 392 giving the site easy access to a major arterial roadway in the county that will likely help limit the truck traffic from this site on any other adjacent County roads other than County Road 57. No outside storage for the commercial business will be allowed on the site other than the two semi -trucks if the zoning permit is approved. The two semi -trucks are also proposed to be parked near the center of the approximately 21 acre parcel near an existing equipment building and single family residence on the site partly in hopes of mitigating any negative visual and/or noise issues trucks can have on surrounding properties. Cc PLC 10 raO / l Ca 2016-2902 PL2539 , ZPHB16-0008 - DREX AND LANA SHIRA PAGE 2 B. Section 23-4-990.D.2 — The proposal is consistent with the policies and goals of Chapter 22 of this code. Based on the proposed use given in the application materials, this zoning permit request is constant with the terms and conditions provided in the Weld County Code Section 23-1-90 relating to a Home Occupation and more specifically a Home Occupation - Class II Permit. C. Section 23-4-990.D.3 —Availability of adequate water and sewage disposal facilities. The property is served by a Domestic Well Permit (#231769) allowing for residential water use only and an Existing Septic Permit (#SP - 0100651) that was sized for up to 6 people. According to the Colorado Division of Water Resources Referral dated July 11, 2016 if the applicant is to use the well water for the commercial business they will need to contact the division of Water Resources to see if the well can be re - permitted. With the proposed two external employees only being onsite for less than two hours a day Environmental Services explained in their referral dated July 8, 2016 that bottled water and portable toilets would be an acceptable alternative for the business as a means of water and sanitary services provided for the commercial business on the site. D. Section 23-4-990.D.4 -- The general health, safety and welfare of the inhabitants of the area and the COUNTY. The Requirements of Section 23-1-90 for a Home Occupation - Class II along with the conditions of approval associated with this particular permit will ensure that there are adequate provisions in place for the protection of the health, safety and welfare of the inhabitants of the surrounding neighborhood and the county as a whole. E. Section 32-4-990.D.5 -- The proposal is consistent with the definition as expressed in Section 23-1-90 of this Chapter. The applicant is requesting a Zoning Permit for a Home Occupation — Class II per the definition in Section 23-1-90. Based on this code section, the applicant is eligible for a (ZPHB) Zoning Permit for a Home Occupation — Class II. The approval of the zoning permit may be conditioned or restricted to carry out the intent of Section 23-1-90 of this chapter or to mitigate impacts or address concerns of referral agencies. Conditions of approval shall be met prior to recording the permit/agreement, and restrictions may be enforced by means of conditions in the permit/agreement. F. Section 32-4-990.D.6 -- The application complies with any Homeowners Association (HOA) standards, if applicable. There is no HOA associated with this parcel. G. Section 23-4-990.D.7 -- The proposed zoning permit complies with Division 13 of this Article. Based on the application materials presented in this request compared to the guidelines provided in Chapter 23, Article 4 Division 13 that discuss the requirements for a Home Occupation - Class II permit. This request looks like it addresses and complies with the related 4302989 Pages: 2 of 7 05/17/2017 12:23 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO 1111 !FAIT IMMO 11111 2016-2902 PL2539 ZPHB16-0008 - DREX AND LANA SHIRA PAGE 3 conditions associated with this permit that is called out in Chapter 23, Article 4 Division 13. H. Section 23-4-990.D.8 -- An access is or can be made available that provides for safe ingress and egress to a public road. All accesses shall be in accordance with Chapter 12, Article V of this Code, and shall endeavor to achieve the goal of no "net increase" in the number of accesses onto adjacent County roads when accesses already exist. The site has (1) one access point off of County Road 57 approximately 450 feet south of the intersection of County Road 64.5 and County Road 57. While public works didn't formally respond to the referral request for this case, an upgraded (1 - small commercial) access point was approved for this permit request through Access Permit (#AP16-00306). NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the request of Drex and Lana Shira for a Zoning Permit for a Class II Home Occupation (Crude Oil Hauling Home Business utilizing two (2) semi trucks) on the above described parcel of land, which was found to be in compliance with Chapter 23, Article IV, Division 13, of the Weld County Code, be, and hereby is, granted subject to the following conditions: 1. Permittee acknowledges that the issuance of the Home Occupation — Class II permit is conditional upon Permittee's completion of the improvements and/or meeting of the conditions which are described below. 2. Permittee is not allowed to engage in any activity described in the above paragraph and/or any activity related to the business(es) described above, (OR ANY OTHER ACTIVITY WHICH HAS NOT HERETOFORE BEEN PERMITTED), until said improvements have been completed or said conditions have been met. A. Prior to Approval: 1) If the applicants choose to re -permit the current domestic well on the site for commercial use as opposed to bottled water for their two external employees, the applicant shall address the requirements (concerns) of the Colorado Division of Water Resources, as stated in the referral response dated July 11, 2016. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. B. Required Conditions: The following conditions must be met at all times throughout the existence of the Home Occupation — Class II permit. 1) The business use of the property must be secondary to the use of the property as a dwelling site. 2) Hours of operation for public access shall be limited between 7:00 a.m. and 7:00 p.m. 4302989 Pages: 3 of 7 05/17/2017 12:23 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO 2016-2902 PL2539 �� MrdletNiriAliVIM N 11111 , ZPHB16-0008 - DREX AND LANA SHIRA PAGE 4 3) No exterior storage of materials, goods, supplies or equipment related to the business is permitted. 4) The size of the business area is limited to fifty percent (50%) of a dwelling unit and/or in accessory buildings with appropriate building permits. 5) The business shall be conducted by the inhabitants of the dwelling plus no more than two (2) external employees. 6) Only incidental sales of stocks, supplies or products shall be conducted on the premises. 7) The parcel is limited to two (2) commercial vehicles. 8) The business use must not create any negative impact to the public health, safety or welfare of adjacent property owners. 9) Only one sign advertising the business shall be allowed, subject to the following restrictions: a. Sign must be non -illuminated; b. Sign must be no greater than nine (9) square feet c. Sign must be attached to the face of the dwelling unit. 10) The traffic volume produced by the business must not exceed that produced by the dwelling unit by more than sixteen (16) trips daily. Eight (8) vehicles create sixteen trips as each single vehicle creates two trips. Trips include those produced by the residents for purposes related to the business, the one or two employee(s), clients, deliveries, and etc. 11) The applicant shall maintain compliance with Health, Building and all other local, state and federal regulations. 12) In the event the applicant's usage of the existing septic system exceeds six (6) persons per day, the septic system shall be evaluated 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. 13) As there will be two (2) or less employees that are on site for two hours or less, portable toilets and bottled water are acceptable. Records of maintenance and proper disposal for portable toilets 4302989 Pages: 4 of 7 05/17/2017 12:23 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO VIII NUT in KtIl1A Willi BIM 2016-2902 PL2539 ZPHB16-0008 - DREX AND LANA SHIRA PAGE 5 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. 14) The property owner shall control noxious weeds on the site. 15) The historical flow patterns and runoff amounts will be maintained on the site. 16) This facility shall adhere to the maximum permissible noise levels allowed in the Residential Zone District, as delineated in Section 14-9-30 of the Weld County Code. C. Timing of Improvements: Permittee shall be required to complete all improvements and/or meet the limitations of the foregoing conditions within 60 days of the issuance of the Permit. D. Violation of Terms: If Permittee does not perform as outlined in this document, such non-performance will constitute a violation of Permittee's Home Occupation - Class II permit granted by County, and County will take whatever remedial measures it deems necessary against Permittee. In addition to any other remedy available to the County in law or equity, a failure to meet the conditions will result in the loss of the permit and in the initiation of legal action against the Permittee. E. Engineering Services: In the event that Permittee is required to complete any improvements or meet any conditions which require the services of an engineer, Permittee shall furnish, at its own expense, all such services. The required engineering services shall be performed by a Professional Engineer and Land Surveyor registered in the State of Colorado, and shall conform to the standards and criteria established by the County for public improvements. The required engineering services shall consist of, but not be limited to, surveys, designs, plans and profiles, estimates, construction supervision, and the submission of necessary documents to the County. F. Successors and Assigns: This Home Occupation - Class II permit may not be delegated, transferred or assigned, in whole or in part, by Permittee. This Permit shall terminate immediately upon the sale of the Property and or commercial enterprise, the cessation of the commercial enterprise, or the death of the Permittee (if the Permittee is an individual). County's rights and obligations under this Agreement shall automatically be delegated, transferred or assigned to any municipality which, by and through annexation proceedings, has assumed jurisdiction and maintenance responsibility over the roads affected by this Agreement. G. Violation of Terms of Agreement: If, in County's opinion, Permittee has violated any of the terms and conditions set forth in this document, County shall notify Permittee of its belief that there have been violation(s) and shall 4302989 Pages: 5 of 7 05/17/2017 12:23 PM R Fee:$0.00 Carly Koppel, Clerk and Recorder, Weld County, Co VIII IrdIT M ICI .I 'JNViAI I CIAIIIJ IW k II II 2016-2902 PL2539 , ZPHB16-0008 - DREX AND LANA SHIRA PAGE 6 state with specificity the facts and circumstances which County believes constitute the violation(s). Permittee shall have fifteen (15) days within which to either cure the violation or demonstrate compliance. If, after fifteen (15) days have elapsed, County believes in good faith that there has been a violation of the terms of this Agreement, County shall initiate proceedings to revoke the Home Occupation — Class II permit. H. Termination of Permit: A Home Occupation — Class II permit shall terminate upon the earliest of the following events: 1) Cessation of all Permit Related Activities: Termination of the Permit shall occur upon Permittee's complete cessation of all activities permitted under the terms of the Permit. Permittee shall provide written notice to County of a cessation of activity, which the County shall then verify. If written notice is not provided to the County, termination of the Permit shall occur three (3) years after County observes the cessation of the activities for which the Permit was issued. 2) Execution of Replacement "Home Occupation — Class II Agreement": The Agreement shall terminate following County's execution of a new Home Occupation — Class II Agreement with a new Permittee who has purchased or then inhabits the Property, and intends to make use of the rights and privileges available to it through the then existing Home Occupation — Class II permit. 3) Sale or Transfer of Property and/or Commercial Enterprise: The Permit shall immediately terminate upon Permittee's sale or transfer of the property upon which the commercial enterprise is conducted. The Permit shall also terminate immediately upon Permittee's sale or transfer of the commercial enterprise. I. Governmental Immunity: No term or condition of this agreement shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. J. No Third Party Beneficiary Enforcement: It is expressly understood and agreed that the enforcement of the terms and conditions of a Home Occupation — Class II permit, and all rights of action relating to such enforcement, are strictly reserved to the County. 4302989 Pages: 6 of 7 05/17/2017 12:23 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO liii �1V,NIia iN Mill Ur: IMMIX;'gEi ii i 2016-2902 PL2539 , ZPHB16-0008 - DREX AND LANA SHIRA PAGE 7 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 14th day of September, A.D., 2016. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: 'x;/� ..o' &c. Weld County Clerk to the Board APP ty Clerk to the Board ounty Attorney Date of signature: 10 f/ (Co 4302989 Pages: 7 of 7 05/17/2017 12:23 PM R Fee:$0.00 Carly Koppel, Clerk and Recorder, Weld County, CO 11111 Mike Freeman, Chair C- Sean P. CAnway, Pro-Tem Juli A. Cozad 2016-2902 PL2539 HOME OCCUPATION CLASS II PERMIT CONDITIONS AND LIMITATIONS Planner: Ryder Reddick Case Number: ZPHB16-0008 Applicant: Drex & Lana Shira Request: Zoning Permit for a Home Occupation - Class II (Crude Oil Hauling Home Business Utilizing Two Semi Trucks) in the A (Agricultural) Zone District. Legal Description: Lot A of Recorded Exemption RE -3125; being part of the S2 Section 27, T6N, R64W of the 6`h P.M., Weld County, CO Parcel # 0801-27-0-00-004 Parcel Size: +/- 20.85 acres Zone District: (A) Agricultural Location: West of and adjacent to County Road 57 and south of and adjacent to County Road 64.5. Water Source: Domestic Well (Permit #231769) & Bottled Water for (2) Two Employees Sewer System: Septic Permit #SP -0100651 & Proposed Portable Toilets The Department of Planning Services' staff has received referral responses with comments from the following agencies: Y Weld County Department of Planning. Engineering, referral dated July 15, 2016 > Weld County Department of Public Health and Environment, referral dated July 8, 2016 v West Greeley Conservation District, referral dated July 11, 2016 > State of Colorado, Division of Water Resources, referral dated July 11, 2016 The Department of Planning Services' staff has received referral responses without comments from the following agencies: > Weld County Zoning Compliance, referral dated June 16, 2016 Y Weld County Public Works, Access Permit, referral dated July 25, 2016 > Platte Valley Fire Protection District, referral dated June 16, 2016 Y Greeley #2 Canal, referral dated June 17, 2016 The Department of Planning Services' staff has not received responses from the following agencies: ➢ Weld County Department of Public Works > Weld County Department of Building Inspection v Weld County School District RE -7 ➢ North Weld County Water District Home Occupation Class II - Conditions and Limitations Page 1 of 8 Per Section 23-1-90 of the Weld County Code, the definition of a Home Occupation is: HOME OCCUPATION: An incidental use of a DWELLING UNIT for gainful employment of the resident therein, where: a. Whether a CLASS I or CLASS II, a HOME OCCUPATION may utilize up to fifty percent (50%) of a DWELLING UNIT and/or in ACCESSORY BUILDINGS with appropriate building permits. b. Such USE is clearly incidental and secondary to the USE of the dwelling for dwelling purposes and shall not change the character thereof. c. Hours of operation for public access shall be limited between 7:00 a.m. and 7:00 p.m. d. There is no exterior storage, display or sales of materials, goods, supplies or equipment related to the operation of such HOME OCCUPATION, nor of any highly explosive or combustible materials. e. Does not create any negative impacts to the public health, safety and general welfare of the adjacent property owners, such as little or no offensive noise, vibration, smoke, dust, odors, lighting, traffic congestion, trash accumulation, heat, glare or electrical interference, or other hazard or nuisance noticeable off the LOT. f. HOME OCCUPATIONS shall maintain compliance with Health, Building and all other applicable local, state and federal regulations. Ordinarily, a HOME OCCUPATION shall not be interpreted to include the following: clinic, HOSPITAL, nursing home, animal hospital, HOTEL/MOTEL, RESTAURANT, mortuary, vehicle or boat repair (including painting) or organized classes where more than six (6) persons meet together for instruction on a regular basis (does not include classes sponsored by a PUBLIC SCHOOL). HOME OCCUPATION - CLASS I: A HOME OCCUPATION - CLASS I shall be conducted solely by the inhabitants of the DWELLING UNIT and comply with all criteria called out in the HOME OCCUPATION definition above. The site shall not be accessible by the public. Signage: may consist of a maximum of one (1) nonilluminated sign no more than one (1) square foot in size which must be attached to the face of the DWELLING UNIT. Ordinarily, a HOME OCCUPATION - CLASS I shall include similar uses to home office (no customers), cake decoration and internet sales, etc. A day care home (eight [8] or fewer children under the age of sixteen [16]) shall be considered a CLASS I HOME OCCUPATION. HOME OCCUPATION - CLASS II: A HOME OCCUPATION - CLASS II shall be conducted by the inhabitants of the DWELLING UNIT plus up to two (2) external employees and comply with all criteria called out in the HOME OCCUPATION definition above. Two (2) associated COMMERCIAL VEHICLES can be included under this application. There shall only be incidental sales of stocks, supplies or products conducted on the premises. Signage: may consist of a maximum of one (1) nonilluminated sign no more than nine (9) square feet in size which must be attached to the face of the DWELLING UNIT. Does not produce traffic volumes exceeding that produced by the DWELLING UNIT by more than sixteen (16) average daily trips, provided adequate off-street parking is provided. Please keep in mind that one (1) vehicle produces two Home Occupation Class II - Conditions and Limitations Page 2 of 8 (2) trips, one (1) when arriving and one (1) when leaving. Therefore, an average of only eight (8) cars can come to the property per day. Trips include those produced by the residents for any purpose related to conducting the business, the two (2) employees, clients, deliveries related to the business, etc. Ordinarily, a HOME OCCUPATION - CLASS II shall include uses similar to hair salon, welding shop, tax preparation with customers, etc., provided it meets the criteria set forth Section 23-4-990.C.5 of the weld County Code states, "When, in the opinion of the Department of Planning Services, an applicant has not met one (1) or more of the standards of Paragraphs 23-4-990.D.1. through 8. of this Section, and/or negative responses are received from at least thirty percent (30%) of the surrounding property owners within five hundred (500) feet of the subject property, a hearing shall be scheduled before the Board of County Commissioners." This case comes before the Board of County Commissioners for the following reason: • The Department of Planning Services has received responses from at least thirty percent (30%) of the surrounding property owners. Summary: The applicant is requesting approval of a Home Occupation Class II Zoning Permit to allow for a home based crude oil hauling business that would allow for the operation and storage of two commercial semi -trucks with tanker trailers for crude oil hauling. The applicant proposed in the application to have up to (5) five people on site at any time, (2) two of which will be external employees that will be onsite for less than two hours a day as they will drive the two trucks. Minor vehicle maintenance will occur in the existing shop on site and no oil changes will occur on site. The applicant also stated that their operational hours would vary but that they would always stay between the hours of 7am and 7pm. Staff received correspondence from surrounding property owners indicating opposition and concern about the business. The following is a summary of the concerns outlined in the letters of opposition: • Local roads don't need the additional traffic • Would be an eye sore and the commercial activity would be too close to a surrounding property owners residence. • This activity is not agricultural in nature and doesn't conform to traditional agricultural type uses. • Concerns that the applicant will have more trucks and employees than what was stated in their application. • The intersection near the business is already dangerous with more traffic than it can handle and extra traffic will make it worse. • Safety concerns dealing with trucks on a road that has may children accessing school buses on a daily basis. • Dust concerns from increased traffic on the dirt roads. THE DEPARTMENT OF PLANNING SERVICES STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS: 1. The submitted materials are in compliance with the application requirements of Section 23-4-990.B of the Weld County Code. Home Occupation Class II - Conditions and Limitations Page 3 of 8 2. It is the opinion of the Department of Planning Services' staff that the applicant has shown compliance with Section 23-4-990.D.1 through 23-4-990D.8 of the Weld County Code as follows: A. Section 23-4-990.D.1. - Compatibility with the surrounding area, harmony with the character of the neighborhood and its effects upon the immediate area. The proposed use based on the application is consistent with a use allowed in the (A) Agricultural Zone District through this zoning permit. The location of the site is near many oil wells in the area which bring in similar trucks up and down this roadway already. The site is also approximately 1 mile south of State Highway 392 giving the site easy access to a major arterial roadway in the county that will likely help limit the truck traffic from this site on any other adjacent County roads other than County Road 57. No outside storage for the commercial business will be allowed on the site other than the two semi -trucks if the zoning permit is approved. The two semi -trucks are also proposed to be parked near the center of the approximately 21 acre parcel near an existing equipment building and single family residence on the site partly in hopes of mitigating any negative visual and/or noise issues trucks can have on surrounding properties. B. Section 23-4-990.D.2 - The proposal is consistent with the policies and goals of Chapter 22 of this code. Based on the proposed use given in the application materials, this zoning permit request is constant with the terms and conditions provided in the Weld County Code Section 23-1-90 relating to a Home Occupation and more specifically a Home Occupation - Class II Permit. C. Section 23-4-990.D.3 - Availability of adequate water and sewage disposal facilities. The property is served by a Domestic Well Permit (#231769) allowing for residential water use only and an Existing Septic Permit (#SP -0100651) that was sized for up to 6 people. According to the Colorado Division of Water Resources Referral dated July 11, 2016 if the applicant is to use the well water for the commercial business they will need to contact the division of Water Resources to see if the well can be re -permitted. With the proposed two external employees only being onsite for less than two hours a day Environmental Services explained in their referral dated July 8, 2016 that bottled water and portable toilets would be an acceptable alternative for the business as a means of water and sanitary services provided for the commercial business on the site. D. Section 23-4-990.D.4 -- The general health, safety and welfare of the inhabitants of the area and the COUNTY. The Requirements of Section 23-1-90 for a Home Occupation - Class II along with the conditions of approval associated with this particular permit will ensure that there are adequate provisions in place for the protection of the health, safety and welfare of the inhabitants of the surrounding neighborhood and the county as a whole. E. Section 32-4-990.D.5 -- The proposal is consistent with the definition as expressed in Section 23-1-90 of this Chapter. Home Occupation Class II - Conditions and Limitations Page 4 of 8 The applicant is requesting a Zoning Permit for a Home Occupation - Class II per the definition in Section 23-1-90. Based on this code section, the applicant is eligible for a (ZPHB) Zoning Permit for a Home Occupation - Class II. The approval of the zoning permit may be conditioned or restricted to carry out the intent of Section 23-1-90 of this chapter or to mitigate impacts or address concerns of referral agencies. Conditions of approval shall be met prior to recording the permit/agreement, and restrictions may be enforced by means of conditions in the permit/agreement. F. Section 32-4-990.D.6 -- The application complies with any Homeowners Association (HOA) standards, if applicable. There is no HOA associated with this parcel. G. Section 23-4-990.D.7 --The proposed zoning permit complies with Division 13 of this Article. Based on the application materials presented in this request compared to the guidelines provided in Chapter 23, Article 4 Division 13 that discuss the requirements for a Home Occupation - Class II permit. This request looks like it addresses and complies with the related conditions associated with this permit that is called out in Chapter 23, Article 4 Division 13. H. Section 23-4-990.D.8 -- An access is or can be made available that provides for safe ingress and egress to a public road. All accesses shall be in accordance with Chapter 12, Article V of this Code, and shall endeavor to achieve the goal of no "net increase" in the number of accesses onto adjacent County roads when accesses already exist. The site has (1) one access point off of County Road 57approxamately 450 feet south of the intersection of County Road 64.5 and County Road 57. While public works didn't formally respond to the referral request for this case, an upgraded (1 -small commercial) access point was approved for this permit request through Access permit (#AP16-00306). 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. If approved by the Board of County Commissioners staffs recommendation for approval is conditioned upon Statement of Terms and Conditions and Limitations. The following is a compilation of the requirements imposed by the Board of County Commissioners of Weld County Colorado on behalf of Weld County (hereinafter called "County,"), for all business entities and/or individuals who have received Home Occupation - Class II land use permit to operate a commercial enterprise. In this case, Permittee is the owner of the following described property in the County of Weld, State of Colorado: Lot A Recorded Exemption RE -3125; being part of the S2 of Section 27, T6N, R64W of the 6`h P.M., Weld County, CO Hereinafter referred to as "the Property," and Home Occupation Class II - Conditions and Limitations Page 5 of 8 Under the terms of the Permit, Permittee is allowed to conduct the following commercial enterprise: Crude Oil Hauling Home Business. Permittee acknowledges that the issuance of the Home Occupation - Class II permit is conditional upon Permittee's completion of the improvements and/or meeting of the conditions which are described below. Permittee is not allowed to engage in any activity described in the above paragraph and/or any activity related to the business(es) described above, (OR ANY OTHER ACTIVITY WHICH HAS NOT HERETOFORE BEEN PERMITTED), until said improvements have been completed or said conditions have been met. A. Prior to Approval: 1. If the applicants choose to re -permit the current domestic well on the site for commercial use as opposed to bottled water for their two external employees, the applicant shall address the requirements (concerns) of the Colorado Division of Water Resources, as stated in the referral response dated July 11, 2016. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. B. Required Conditions: The following conditions must be met at all times throughout the existence of the Home Occupation - Class II permit. 1. The business use of the property must be secondary to the use of the property as a dwelling site. 2. Hours of operation for public access shall be limited between 7:00 a.m. and 7:00 p.m. 3. No exterior storage of materials, goods, supplies or equipment related to the business is permitted. 4. The size of the business area is limited to fifty percent (50%) of a dwelling unit and/or in accessory buildings with appropriate building permits. 5. The business shall be conducted by the inhabitants of the dwelling plus no more than two (2) external employees. 6. Only incidental sales of stocks, supplies or products shall be conducted on the premises. 7. The parcel is limited to two (2) commercial vehicles. 8. The business use must not create any negative impact to the public health, safety or welfare of adjacent property owners. 9. Only one sign advertising the business shall be allowed, subject to the following restrictions: a. Sign must be non -illuminated; b. Sign must be no greater than nine (9) square feet c. Sign must be attached to the face of the dwelling unit. 10. The traffic volume produced by the business must not exceed that produced by the dwelling unit by more than sixteen (16) trips daily. Eight vehicles create sixteen trips as each single vehicle creates two trips. Trips include those produced by the residents Home Occupation Class II - Conditions and Limitations Page 6 of 8 for purposes related to the business, the one or two employee(s), clients, deliveries, and etc. 11. The applicant shall maintain compliance with Health, Building and all other local, state and federal regulations. 12. In the event the applicant's usage of the existing septic system exceeds 6 persons per day, the septic system shall be evaluated 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. 13. As there will be 2 or less employees that are on site for two hours or less, 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. 14. The property owner shall control noxious weeds on the site. 15. The historical flow patterns and runoff amounts will be maintained on the site. 16. This facility shall adhere to the maximum permissible noise levels allowed in the Residential Zone as delineated in Section 14-9-30 of the Weld County Code. C. Timing of Improvements: Permittee shall be required to complete all improvements and/or meet the limitations of the foregoing conditions within 60 days of the issuance of the Permit. D. Violation of Terms: If Permittee does not perform as outlined in this document, such non- performance will constitute a violation of Permittee's Home Occupation - Class II permit granted by County, and County will take whatever remedial measures it deems necessary against Permittee. In addition to any other remedy available to the County in law or equity, a failure to meet the conditions will result in the loss of the permit and in the initiation of legal action against the Permittee. E. Engineering Services: In the event that Permittee is required to complete any improvements or meet any conditions which require the services of an engineer, Permittee shall furnish, at its own expense, all such services. The required engineering services shall be performed by a Professional Engineer and Land Surveyor registered in the State of Colorado, and shall conform to the standards and criteria established by the County for public improvements. The required engineering services shall consist of, but not be limited to, surveys, designs, plans and profiles, estimates, construction supervision, and the submission of necessary documents to the County. F. Successors and Assigns: This Home Occupation - Class II permit may not be delegated, transferred or assigned in whole or in part by Permittee. This Permit shall terminate immediately upon the sale of the Property and or commercial enterprise, the cessation of the commercial enterprise, or the death of the Permittee (if the Permittee is an individual). County's rights and obligations under this Agreement shall automatically be delegated, transferred or assigned to any municipality which, by and through annexation proceedings, has assumed jurisdiction and maintenance responsibility over the roads affected by this Home Occupation Class II - Conditions and Limitations Page 7 of 8 Agreement. G. Violation of Terms of Agreement: If in County's opinion, Permittee has violated any of the terms and conditions set forth in this document, County shall notify Permittee of its belief that there have been violation(s) and shall state with specificity the facts and circumstances which County believes constitute the violation(s). Permittee shall have fifteen (15) days within which to either cure the violation or demonstrate compliance. If, after fifteen (15) days have elapsed, County believes in good faith that there has been a violation of the terms of this Agreement, County shall initiate proceedings to revoke the Home Occupation - Class II permit. H. Termination of Permit: A Home Occupation - Class II permit shall terminate upon the earliest of the following events: 1) Cessation of all Permit Related Activities: Termination of the Permit shall occur upon Permittee's complete cessation of all activities permitted under the terms of the Permit. Permittee shall provide written notice to County of a cessation of activity, which the County shall then verify. If written notice is not provided to the County, termination of the Permit shall occur three (3) years after County observes the cessation of the activities for which the Permit was issued. 2) Execution of Replacement "Home Occupation - Class II Agreement": The Agreement shall terminate following County's execution of a new Home Occupation - Class II Agreement with a new Permittee who has purchased or then inhabits the Property, and intends to make use of the rights and privileges available to it through the then existing Home Occupation - Class II permit. 3) Sale or Transfer of Property and/or Commercial Enterprise: The Permit shall immediately terminate upon Permittee's sale or transfer of the property upon which the commercial enterprise is conducted. The Permit shall also terminate immediately upon Permittee's sale or transfer of the commercial enterprise. I. Governmental Immunity: No term or condition of this agreement shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. J. No Third Party Beneficiary Enforcement: It is expressly understood and agreed that the enforcement of the terms and conditions of a Home Occupation - Class II permit, and all rights of action relating to such enforcement, are strictly reserved to the County. Home Occupation Class II - Conditions and Limitations Page 8 of 8 CASE NUMBER: APPLICANT: PLANNER: REQUEST: LEGAL: LOCATION: ZPH B 16-0008 DREX & LANA SHIRA RYDER REDDICK ZONING PERMIT FOR A HOME OCCUPATION - CLASS II (CUDE OIL HAULING HOME BUSINESS UTILIZING TWO SEMI -TRUCKS) IN THE A (AGRICULTURAL) ZONE DISTRICT. LOT A RECORDED EXEMPTION RE -3125; BEING A PART OF THE S2 SECTION 26, T6N, R64W OF THE 6TH P.M., WELD COUNTY, COLORADO. WEST OF AND ADJACENT TO COUNTY ROAD 57 AND SOUTH OF AND ADJACENT TO COUNTY ROAD 64.5 ; rl IIe. POW tY NI III NOtI t: ut .l �.. i�llr,y ,ojn':rl N11'I l�Wn'I HMn uCrrrwnR'; y. mod r i:r.. d• Q 11j,Ilnnnln Rd, In [Ypr x.; imp ,r.r VJEl.D GOUNTY AUMf16TPATIDN 4UI4DINCi 1160 "0" Stoat • Grut lly, CO HAY NI( wery.:i a.'a'V$t'. I!MP ,,1_nt rFl •v_ Donut o' Cnurly 6MIMmisnr]d^ R+•n'q rflint tlr I aM I iVKM.IMI _a. - 1 ....xi. — '100 ' CC' r" ,'1 rnl v _Y�C'-ii— -rlit C.C'.Ys.11 nRcr, MCR N'i:UNe IC' I_ r.qn li ca. l...r MUSR12 UC ner I�P.IrRFS. DEV FAC. It 0 ce a C 0 t,} Shira's Property Boundary ' Referral in °position Within 500 Feet USR's within 2 miles * Referral in ©position NOT Within 500 Feet The Shira Property Looking East From 6th Avenue (County Road 64.5) I7 , w. �..ti ;j "- sue: �t r _ = '• _;,kl,• lfs.Ctil V. •-% �i.v{irju ;l. r ,i*1R►r • C Shira Property Looking South from 6th Avenue (County Road 64.5) Shira Property Looking South from 6th Avenue (County Road 64.5) � :1"x•-•"-- Is •� i , 4 � • rri-!�iT( "` .\:Yft` -s , ,• t"i. . i �!• !(tA4',,1" N. ei isear IY.•TG ' th s}' SnPSrt �' $; 1, f- i 700 )r, .v 1 ! ., f. '• r • , J . Shira Property Looking West from Access off of County Road 57 Entrance of Shira Property off of County Road 57 Looking Northeast a t^ 1 A AS mos r +' •+.- _ _`�_ Lei 1. • -_ ..-W... F' 0 •:I• ' .r •. AAr.� - • •As -�� ..�1 - ••- a_i .4.1likra) • \• -t •yam. 7%."� .-"oat..<s•. •- . � ti.�• _ �`. ` p A_�t. is}Pn`: y ? -' sh. -- Entrance of Shira property looking South on County Road 57 rr :.+ y C'z-P-` , Yi r, 4* s -2>-- d` • St y • • s,, • is /_ > -1It s • • r -- Clint & Casey Sidwell's Property Looking East off County Road 57 (31306 County Road 57) y , :7.1"Ll1 .-ley ,-t-- .:• r , ' i i Photo # 2 of Clint and Casey Sidwell's Property Facing East on County Road 57. (31306 County Road 57) • Vii• �a } cFa �`.��{��, t ' ... - � 9 saw ri- y! i -• r !.� 7 LY E zr. • Y.G LSIA • 1 .t x • a mil' a �_II Zja• _ v .'M Y .[ .- T. -P:1-71:: '1 -�L ~ �• Y --;fr .��4� *IV Entrance of Steven L. Fisbeck's property looking West off of County Road 57. (31201 County Road 57) FIELD CHECK Inspection Date: 6/24/2016 Case Number: ZBHB16-0008 Applicant: Drex and Lana Shira Request: A Zoning Permit for a Home Occupation — Class II (Crude Oil Hauling Home Business Utilizing Two Semi -Trucks) in the A (Agricultural) Zone District. Legal Description: Lot A of Recorded Exemption RE -3125; being part of the S2 Section 27, T6N, R64W of the 6th P.M., Weld County, CO Location: West of and adjacent to County Road 57 and south of and adjacent to County Road 64.5. Size of Parcel: +/- 20.85 acres Parcel No. 0801-27-0-00-004 Zoning Land Use N A (Agricultural) N Rural Residential E A (Agricultural) E Rural Residential S A (Agricultural) S Rural Residential W A (Agricultural) W Rural Residential COMMENTS: The site contains a single family residence and a large detached Garage/Shop. There is one access to the site off of County Road 57. / - / 1 c RydeIReddick, Planner PLANNING COMMISSION & BOARD OF COUNTY COMMISSIONERS SIGN POSTING CERTIFICATE THE LAST DAY TO POST THE SIGN IS 9/4/16. THE SIGN SHALL BE POSTED ADJACENT TO AND VISIBLE FROM A PUBLICALLY MAINTAINED ROAD RIGHT-OF- WAY. IN THE EVENT THE PROPERTY BEING CONSIDERED FOR A ZONING PERMIT IS NOT ADJACENT TO A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY, THE DEPARTMENT OF PLANNING SERVICES SHALL POST ONE SIGN IN THE MOST PROMINENT PLACE ON THE PROPERTY AND POST A SECOND SIGN AT THE POINT AT WHICH THE DRIVEWAY (ACCESS DRIVE) INTERSECTS A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY. I, DIANA AUNGST, HEREBY CERTIFY UNDER PENALTIES OF PERJURY THAT THE SIGN WAS POSTED ON THE PROPERTY AT LEAST 10 DAYS BEFORE THE BOARD OF COMMISSIONERS HEARING FOR ZPHB16-0008 IN THE AGRICULTURAL ZONE DISTRICT. Ryder Reddick Name of Person Posting Sign STATE OF COLORADO ) COUNTY OF WELD ) SS Signa re of Persori Posting Sign The foregoing instrument was subscribed and sworn to me this ttinie- 2016. WITNESS my hand and official seal. Notary Public My Commission Expires: day of KRISTINE RANSLEM NOTARY STATEOF COLORADO 4034827 NOTARY ID 2012 JUNE ?020 MY COMMISSION EXPIRES June 15, 2016 DEPARTMENT OF PLANNING SERVICES 1555 N 17th AVE GREELEY, CO 80631 WEBSITE: www.co.weld.co.us E-MAIL: rreddick@weldgov.com PHONE: (970) 353-6100, Ext. 3527 FAX: (970) 304-6498 LANA SHIRA 31349 COUNTY ROAD 57 GILL, CO 806249106 Subject: ZPHB16-0008 - Zoning Permit for a Class II Home Occupation (Home Business - Parking and minor maintenance of two semi trucks with tanker trailers). On parcel(s) of land described as: PT S2 SECTION 27 T6N R64W LOT A REC EXEMPT RE -3125 (1.70R.50D) 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. If you have any questions concerning this matter, please call. Respectfully, Digitally signed by Michelle Wall Reason:l am the author of this document Date: 2016.06.15 16:06:16 -06'00' Ryder Reddick Planner ZONING PERMIT for a HOME OCCUPATION (ZPHB) - CLASS II APPLICATION FOR PLANNING DEPARTMENT USE DATE RECEIVED: W`t/ Oo RECEIPT # /AMOUNT # 1$ CASE # ASSIGNED: '2 t I tor- btu?? APPLICATION RECEIVED BY PLANNER ASSIGNED: t 7c/7 Parcel Number 0 8 0 1_ 2 7_ 0 _ 0 0_ 0 0 4 (12 digit number - found on Tax I.D. Information, obtainable at the Weld County Assessor's Office, or www.co.weld.co.us) S12.? Legal Description PTS2'LOTA EXMPT RED 1.70R.50D, Section 27 , Township 6 North, Range ("West Flood Plain: n O Zone District: Geological Hazard: Pier , Total Acreage: 18.65 Y1 I y , Airport Overlay District: FEE OWNER(S) OF THE PROPERTY: Name: DREK SHIRA Work Phone # Home Phone # 208-573-1888 Email Address: 31349 CR 57 h(q , Overlay District: h +ot Address: City/State/Zip Code GILL, CO 80624 Name: LANA SHIRA Work Phone # Address: 31349 CR 57 Address: City/State/Zip Code GILL, CO 80624 Home Phone # 530-305-6454 Email Name: Work Phone # Home Phone # Email Address: Address: City/State/Zip Code -_ -- - APPLICANT OR AUTHORIZED AGENT (See Below: Authorization must accompany applications signed by Authorized Agent) Name: t a `r tt.. Sh I rbv f)rr pt ac, ahliPL1lutieorn Work Phone # Home Phone # Email ifylaticnnaf �124:i Address: I Address: City/State/Zip Code PROPOSED USE: I (We) hereby depose and state under penalties of perjury that all statements, proposals, and/or plans submitted with or contained within the application are true and correct to the best of my (our)knowledge. Signatures of all fee owners of property must sign this application. If an Authorized Agent signs, a letter of authorization from all fee owners must be iucluc el with the application. If a corporation is the fee owner, notarized evidence must be included indicating that the sly tort has to legal ,authority to sign for the corporation. r ltsais r C /K Signature: Owner or Authorized Agent Date eP ignature: Owner or Authorized Agent Date 5 Property: 31349 Weld County Road 57, Gill, CO 80624 Parcel #08127000004 Owners: Drex Shira, Lana Shira Cell phones: (208) 573-1888, or (530) 305-6454 ZPHB Questionnaire 1. The proposed use of property is to operate a small home -based business hauling crude oil within the surrounding area. The business consists of two semi -truck with tanker trailers. No changes or new structures will be added. There are three (3) existing buildings on the property; one 40 x 62 metal roof/siding equipment building ('02), one 576 sq.ft. detached garage, and one 1736 sq.ft. 2001 manufactured home which is the occupied residence of the owners. 2. There are open hay fields surrounding the site and many oil wells within one mile radius. Trucks with oil tankers are a prominent sight within Weld County. 3. (a) There will be one to five people on the site. (b) two of which are employees. (c) The hours of operation are 7 a.m. to 7 p.m., however hours may vary due to the nature of oil hauling dispatches. (d) There will be NO structures built on the site. (e) There will be NO animals. (f) There will be two semi -trucks with 53 ft. tanker trailers with empty weight of 38,000 lbs. (g) Fire protection is provided by Platte Valley Fire Station 4.6 miles away, additionally Galeton Fire Station 5.2 miles away, and Union Colony Fire Station 8.2 miles away. (h) The water source on the property is from a residential well (permit # 231769. No additional water is necessary for the business. (i) The sewage disposal system is an existing septic system. (j) NO warehousing or storage is necessary for the business_ 4. Storm water drains to the east by the natural slope of the land to a barrow ditch on the east boarder. 5. Two commercial vehicles (same as above) will be associated with the site. — /\,1; ,-, or VC -LA ;c.1� v\aA of ±k Lt v� u-uu.; ` ., I i ci.es b.% 10 y -n 4k -f--, 9 (o 4>_.: I , 6. NO signs are needed nor proposed. No cke''%-s cm if occur or, 5; c . 7. NO landscaping is proposed. 8. There is one existing yard light. NO additional lighting is propose. (i} PaviaOa *oi1etf; vnay be. cd i teed, Weld County Public Works Dept. 1111 H Street P.O. Box 758 Greeley, CO 80632 Phone: (970)304-6496 Fax: (970)304-6497 Applicant Name DREX SHIRA Company Address 31349 CR 57 City State State CO Zip 80624 Business Phone 208-573-1888 Fax E-mail (10 LU'ItCll n 3 Ccd1(otfe l ' I' & I i . CW VY Parcel Location & Sketch The access is on WCR 57 Nearest Intersection: WCR 57 Distance from Intersection 458 FT & WCR 64.5 Parcel Number 080127000004 Section/Township/Range 27 / 6N / 64W Is there an existing access to the property? YE Number of Existing Accesses 1 Road Surface Type & Construction Information Asphalt O Gravel Treated O Other ACCESS PERMIT APPLICATION FORM Property Owner (If different than Applicant) Name SAME Address City State Zip Phone Fax E-mail A = Existing Access A= Proposed Access NI VI/CR Culvert Size & Type eXIOGI cj tortitifeCt PI Pc, Materials used to construct Access vlk Construction Start Date Ili a Finish Date Proposed Use o Temporary (Tracking Pad Required)/ $75 ❑ Single Residential/$75 ❑ Small Commercial or Oil & Gas/$75 o Large Commercial/$150 ❑ Field (Agriculture Only)/Exempt WCR 492„ -,174 o Industrial/$150 o Subdivision/$150 Is this access associated with a Planning Process? n No ❑ USR ❑ RE ❑ PUD A Other Zn113 Required Attached Documents - Traffic Control Plan -Certificate of Insurance - Access Pictures (From the Left, Right, & into the access) By accepting this permit, the undersigned Applicant, under penalty of perjury, verifies that they have received all pages of the permit application; they have read and understand all of the permit requirements 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 their signature the Applicant is bound by and agrees to comply with all said permit requirements and provisions, all Weld County ordinances, and state laws regarding facilities construction. Signature '- Printed Name lea 1a 5/1/r6t.., Date le7 r' `f Approval or Denial will be issued in minimum of 5 days. Approved by Revised Date 6/29/10 r 4.• • rlr l It _ • r f Pr -o. 1 O+1'• INISS �1 .�..•• C•1•,� • 'mss 7vr• .-. _ b• .+ Y• . . `/ arC • • • ►•. o •4 • ti • .� �.s�•I 1.. 11 •�Lr �• I •1`•/ • • •' .-MLA • �•. • _ "....r;i4 '1�rYiM� it l/is •1 ,x ,1 .3 •IC .) It�_1/r s . r 7 0. 1:1e- •:-*.. .T j v •• T .a� \ 1, ► ,� i L, Y �.. " ":glee!' ti•.•- 1410 r, •i.,7r :. : 4 (.� ,�.. • • It�Cr . 4•;`. Y•• 1.• .- •1, . • �' + ✓• t° •• • r•!SJ�- ^•►-: eSS "V • 1/204 • 4�r tat .14 .1 • :r r ti _• IFS. 'a t' •�:•i :.,fl r 1 •r w .t K•. r :,-- • n. ' • a• ,,. t •' •* to M , acaiSta. • — • .h\Q4f"Y' .w &:I( 160 Oti fI ,S: 6c r, • tee; ott • !. r •l. •1 • w. Resources - View Well Details: Receipt 04... http://www.dwr.scate.co_us/WellPernvtSearch/View.aspx?receipt�4... Jo Department of Natural Resources foI;orani o Divid1J JJ 61 triv‘y ufirs Colorado's Weil Permit Search THIS PAGE IS NOT THE ACTUAL PERMIT The Information contained on this page is a summary of the permit file and may not reflect ail details of the well permit Disclaimer) Well Constructed Receipt 0472061 Permit #: 231769- - Well Name / #: Designated Basin: Case Number: WDID: Division: Water District County: Management District: 1 1 WELD Last Refresh: 2/3 [-] Imaged Documents - Permit File Document Name Residential Application Map, Deeds & Legal Descriptions Permit to Construct a Well Change in Owner Name/Address/Location Correspondence, Memos, Findings & Hearings Well Construction & Test Change in Owner Name/Address/Location Change in Owner Name/Address/Location Date Imaged 12/02/2007 12/02/2007 12/02/2007 12/02/2007 12/02/2007 12/01/2007 12/01/2007 11/28/2007 Annotated No No No No No No No No [-1 Applicant/Contact Applicant/Contact Name STRINGER WILBIJR A & DONNA R Mailing Address t 31349 WCR 57 City/ State/ Zip GILL, CO 80624- [-] Location Information Approved Well Location: Q40 Q160 Section NE SE 27 Northing (UTM y): Township Range PM Footage from Section Lines 6.0N 64.0W Sixth 2500 5 400 E 4478574.0 Easting (UTM x): 539995.1 Location Accuracy: Spotted from section lines Subdivision Name Filing Block Lot Parcel ID: Acres in Tract: 84.3 [-] Permit Details Date Issued: 02/23/2001 Date Expires: 02/23/2003 Uses (See Imaged Documents for more Incarnation) General Use(s): DOMESTIC Special Use: Area which may be irrigated: 1 ACRES Annual volume of appropriation: Aquifer(s): ALL UNNAMED AQUIFERS 2/3/2016 9:35 AN State of Colorado Water Resources - View Well Details: Receipt 04... http://www,dwr.state.co,us/WellPermitSearcbMew.aspx?receipPO44... atute: Cross Reference Permit(s): Permit Number Comments: Receipt [-3 Construction/Usage Details Well Construction Date: 12/21/2001 Well Plugged: Elevation Depth 800 Perforated Casing (Top) 750 Lic # Name Driller 1324 WALLACE, BOBBY J. Pump Installation Date: 1st Beneficial Use: Perforated Casing Static Water Pump (Bottom) Level Rate 800 400 2 Address 4359 FLAGSHIP COURT LAS VEGAS, NV 89121 Phone Number 928-632-1911 1-] Application/ Permit History Ownership Change Well Construction Report Received Well Constructed Permit Issued Application Received 12/23/2004 01/28/2002 12/21/2001 02/23/2001 02/02/2001 Disclaimer *The information contained on this page is a summary of the permit file and may not reflect all details of the well permit. THIS PAGE IS NOT THE ACTUAL PERMIT. This page should not be used as a basis for any legalconsideration, to determine the allowed uses of the well, to determine construction information, or to determine the terms and conditions under which the well can operate. The complete well permit file should be viewed to obtain details on the allowed uses and other relevant Information. A complete copy of this file is available in the "Imaged Documents" section of this page, and can be viewed by opening all of the documents listed under that section (documents will open as pdf files). Note that all of the terms and conditions under which a well can operate, particularly for non-exempt wells, may not be specified on the well permit. Wells may also be subject to relevant statutes, rules and decrees. To learn more about well permitting in Colorado, please visit dWR's Well Permitting Page. If you have any questions about this well permit file, please contact the DWR Ground Water Information Desk. Copyright ® 2Q16 Colorado Division of Water Resources. All rights reserved. Home I Contact Us I Help I Water Links I Colorado.gov I DNR I Privacy Policy Transparency Online I r1 tern "S h /01111 iC fl.1 C A 11 Jj;1111 NI I IIIIIIIINI III 1111,111 Form No GWS-11 COLORADO DIVISION OF WATER RESOURCES For Office Use Only DEPARTMENT OF NATURAL RESOURCES 11/2011 1313 Main: Sherman St., Ste 821, Denver, CO 80203 303.866.3581 Fax: 303.866.2223 dwrpermitsonlinegstate.co.us CHANGE IN OWNER NAME/ADDRESS CORRECTION OF THE WELL LOCATION Review instructions on the reverse side prior to completing the form_ Name, addn ss and nhone_of the person c`laurning ownership of the well pernur Name(s): DREX SHIRAAND LANA SHIRA Mailing Address: 31349 WELD COUNTYROAD 57GILL, CO 80624 Phone:( `-3o)3o-epycet Email: h�`..t v? - This form is filed by the named individual/entity claiming that they are the owner of the well permit as referenced above. This filing is made pursuant to C.R.S. 37-90-143. Well Location: Well Permit Number. 231769 Receipt Number. 0472061 Case Number County: Weld Well Name or # (optional): - Address: 31349 WELD COUNTY ROAD 57 GUI, CO 80624 NE % of the SE '4, Sec. 27 , Twp. 6.0 X N. or J S., Range 64.0 [ Ear X W., SUCTH P.M. Distance from Section Lines; Ft. From O N. or S., Ft. From r 1 E. or W. Line. OR: GPS well location information in UTM format. You must check GPS unit for required settings as follows: Format must be UTM, Zone 12 or 11 Zone 13; Units must be meters; Datum must be NAD83, Unit must be set to true north Fasting Northing Subdivision Name: Lot , Block , Filing/Unit The above listed owner(s) say(s) that he, she (they) own the well permit described herein. The existing record is being for amended the following reasons: t 11 Change in name of owner II Change in mai ing address Correction of location for exempt wells to May permitted prior 8, 1972 and non-exempt wells permitted before May 17, 1965. Please see the reverse side for further information regarding correction of the well location. I (we) claim and say that I (we) (am) (are) the owner(s) of the well described above, know the permit contents of the statements made herein, and state that they are true to my (our) knowledge. Si or enter the name f the new owner(s) Date February 24, 2016 If signing print name & title �. DREX S_ELMAAND LANA SHWA It is the responsibility of the new owner of this well permit to complete and/or sign this form. If an agent is signing or entering information please see instructions. Please send confirmation of acceptance of change in owner name/address via: Email address listed above US Mail State Engineer By Date Form 13005 08/2014 well.transfer_odt FC25137496 { 24189672} WELD COUNTY DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT 1555 NORTH 17TH AVENUE GREELEY, CO 80631 PHONE (970) 304-6415 FAX (970) 304-6411 Permit #: SP -0100651 Sec/Twn/Rng:27 06 64 Owner: ),EARL Applicant: s • LSON JULIANA Permit Type: KNEW C=ONnrnercial, R=Residential + NEW, REPair, VauLT Parcel #: 0801-27- - - Location: 31349 WCR 57 27 06 64 Legal Description: Installer: )Jth3 Finale Status: ISSUED Applied: 12/12/2001 Issued: 12/ 1 /2001 Finaled: /40900a Description: MODULAR Commercial: N Residential: Y # of Persons: 2 Basement Plumbing: N # of Bedrooms: 3 Bathrooms - Full: 2 3/4: 0 1/2: 0 Acres: 20 Water Public: N Water Source: Water Private: Y Cistern: N Well: Y Well Permit #: 231769 Percolation Rate: 11.2 Limiting Zone: 8 ft 0 in Description: % Ground Slope: 0 Dir: Soil Suitable: (Y/N) Y • Engineer Design Required: (YIN) N In 100 Year Flood Plain: (YIN) N Minimum Installation Septic Tank: 1000 gallons Absorption Trench: 600 square feet or Absorption Bed: 813 square feet Actual Installation Septic Tank: (PC gallons Absorption Trench: Absorption Bed: Design Type: CA square feet square feet Chambers NOTIC The issuance of this permit does not imply compliance with other state, county or local regulatory or building requirements, nor shall it act to certify that the subject system will operate in compliance with applicable state, county and local regulations adopted persuant to Article 10, Tide 25, CRS as amended, except for the purpose of establishing final approval of installed system for issuance of a local occupancy permit persuant to CRS 1973 25-10-111 (2). This permit is not transferable, The Weld County Department of Public Health and Environment reserves the right to impose additional terms and conditions required to meet our regulations on a continuing basis. Final permit approval was contingent upon the final inspection of the completed system by the Weld County De i : rtrnent of Public Health and Environment. x 'Nra+uA°L at (77 o� Environmental Health Specialist Form: S_FINAL 6par 5134-p cc 57 , C0;1()C0 0ro2q '.-, ow127L Ove,e4S; brey 4 1 a y40, 51H y{ C;35-• C0301 } roPQv L�v� N 1 meiACC' 5$ 9p' • WELD COUNTY Enter Map Title ONI MAPPING. Legend Parcels — Highway LJ County Boundary 572.0 WG5 1984 Web Mercator Auxiliary_Sphere © Weld County Colorado 0 285.98 572.0 Feet Tn s map is a user genera:ed start output from an Internet mapping site and is fcr reference only. Data layers Cat appear on this map mayor may not be acc.rate, current, or othew:se rel able THIS MAP IS NOT TO BE USED FOR NAVIGATION Submit by Email Weld County Referral June 15, 2016 The Weld County Department of Planning Services has received the following item for review: Applicant: DREX SHIRA Case Number: ZPHB16-0008 Please Reply By: July 13, 2016 Planner: Ryder Reddick Project: Zoning Permit fora Class II Home Occupation (Home Business - Parking and minor maintenance of two semi trucks with tanker trailers). Location: South of and adjacent to County Road 64.5 and West of and adjacent to County Road 57. Parcel Number: 080127000004-R1040402 Legal: PT S2 SECTION 27 T6N R64W LOTA REC EXEMPT RE -3125 (1.70R.50D) 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. fl We have reviewed the request and find that it does / does not comply with our Comprehensive Plan because: We have reviewed the request and find no conflicts with our interests. See attached letter. Signature Agency BPascoe Zoning Compliance Date 06/16/2016 Weld County Planning Dept. 1555 N 17th Ave, Greeley, CO. 80631 (970) 353-6100 ext.3540 (970) 304-6498 fax Submit by Email Weld County Referral June 15, 2016 The Weld County Department of Planning Services has received the following item for review: Applicant: DREX SHIRA Case Number: ZPHB16-0008 Please Reply By: July 13, 2016 Planner: Ryder Reddick Project: Zoning Permit fora Class II Home Occupation (Home Business - Parking and minor maintenance of two semi trucks with tanker trailers). Location: South of and adjacent to County Road 64.5 and West of and adjacent to County Road 57. Parcel Number: 080127000004-R1040402 Legal: PT S2 SECTION 27 T6N R64W LOTA REC EXEMPT RE -3125 (1.70R.50D) 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. fl We have reviewed the request and find that it does / does not comply with our Comprehensive Plan because: We have reviewed the request and find no conflicts with our interests. See attached letter. Signature Agency Barry A. Schaefer Fire Chief Platte Valley Fire Protection District Date 6/16/16 Weld County Planning Dept. 1555 N 17th Ave, Greeley, CO. 80631 (970) 353-6100 ext.3540 (970) 304-6498 fax Submit by Email Weld County Referral June 15, 2016 The Weld County Department of Planning Services has received the following item for review: Applicant: DREX SHIRA Case Number: ZPHB16-0008 Please Reply By: July 13, 2016 Planner: Ryder Reddick Project: Zoning Permit fora Class II Home Occupation (Home Business - Parking and minor maintenance of two semi trucks with tanker trailers). Location: South of and adjacent to County Road 64.5 and West of and adjacent to County Road 57. Parcel Number: 080127000004-R1040402 Legal: PT S2 SECTION 27 T6N R64W LOTA REC EXEMPT RE -3125 (1.70R.50D) 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. fl We have reviewed the request and find that it does / does not comply with our Comprehensive Plan because: We have reviewed the request and find no conflicts with our interests. See attached letter. Signature Agency Dale Trowbridge, General Manager New Cache La Poudre Irrigating Company Date 6-17-16 Weld County Planning Dept. 1555 N 17th Ave, Greeley, CO. 80631 (970) 353-6100 ext.3540 (970) 304-6498 fax MEMORANDUM TO Ryder Reddick, Planning Services DATE: 7/15/2016 FROM: Hayley Brown, E.I., Development Engineer SUBJECT: ZPHB16-0008 Shira The Weld County Department of Planning Services -Engineering has reviewed this proposal. Staff comments made during this phase of the application process may not be all-inclusive, as other issues may arise during the remaining application process. Parcel(s): 080127000004 The project proposes: Zoning Permit for a Class II Home Occupation (Home Business - Parking and minor maintenance of two semi trucks with tanker trailers) Approximate Access Location: CR57 south of CR64.5 Requirements: The historical flow patterns and runoff amounts will be maintained on the site. (Department of Planning Services -Engineer) Geologic Hazard Area: This area IS NOT in a Geologic Hazard Area. Floodplain: This area IS or IS NOT in a FEMA regulatory floodplain. WELD COUNTY DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT 1555 North 17th Avenue, Greeley, CO 80631 www.weldhealth.org Memorandum To: Ryder Reddick, WC Planning From: Katie Sall, Environmental Health Services Date: July 8, 2016 Re: ZPHB16-0008 Applicant: Shira Environmental Health Services has reviewed this proposal to allow a home business for parking of 2 vehicles (semi -trailers) for an oil hauling business. The application states there are 2 employees, and 1 to 5 people will be on the site. Minor maintenance of the trucks will occur onsite, but no oil changes. There is an existing septic system (SP -0100651) that was sized for a 3 bedroom residence (6 people). The septic system will require an engineer's review to ensure there is sufficient capacity to serve the business if the daily usage exceeds 6 people. The applicant is proposing the use of portable toilets for employee use, which is acceptable. A domestic well (permit #231769) supplies water to the parcel, however no additional water usage is proposed for the business. The business proposes to have bottled water available for employees, which is acceptable. The following conditions are recommended to be part of any approval: In the event the applicant's usage of the existing septic system exceeds 6 persons per day, the septic system shall be evaluated 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. 2. Vehicles shall not park on the absorption field. 3. As there will be 2 or less employees that are on site for two hours or less, 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. Health Administration Vital Records Tele: 97Q -T.4 -x',410 Fax: 970-304-6412 Public Health & Clinical Services Te e: 970-304-6490 Fax: 970-304-6416 Environmental Health Services lee: 9/0-304-64 Fox: 970-304-6411 Communication, Education & Planning Iele: 9!0-304-64/0 Fax: 970-304-6452 Emergency Preparedness & Response Tel 97C-304-6470 Fax: 970-3,04-6452 Public Health Submit by Email Weld County Referral June 15, 2016 The Weld County Department of Planning Services has received the following item for review: Applicant: DREX SHIRA Case Number: ZPHB16-0008 Please Reply By: July 13, 2016 Planner: Ryder Reddick Project: Zoning Permit for a Class II Home Occupation (Home Business - Parking and minor maintenance of two semi trucks with tanker trailers). Location: South of and adjacent to County Road 64.5 and West of and adjacent to County Road 57. Parcel Number: 080127000004-R1040402 Legal: PT S2 SECTION 27 TON R64W LOT A REC EXEMPT RE -3125 (1.70R,50D) 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 / does not comply with our Comprehensive Plan because: We have reviewed the request and find no conflicts with our interests. See attached letter. Signature Agency Date // 6c7i I ifra-CO Weld County Planning Dept, 1555 N 17th Ave, Greeley, CO. 80631 (970) 353-6100 ext.3540 (970) 304-6498 fax West Greeley Conservation District (970) 356-8097 Case# Applicant: Map Soil Name Symbol 32 Kiln 52 Otero 57 Renohill 58 Shingle Below is a list of the soils and their limitations according to the USDA, Weld County Soil Survey. Shallow Dwellings Dwellings with Small Septic Tank Prime Farm Excavations without basements Commercial Absorption Land (if Soil Texture Loam Sandy Loam Clay Loam Loam Slight Slight Slight Slight Severe ;crate Severe Severe Severe Slight Slight Severe Severe Yes No No No Additions Comments The West Greeley Conservation District that the applicant does an on site soils test prior to any construction. For a more complete soils description consult the Weld County Soil Survey or contact our office at (970) 356-8097. If you or the applicant have any questions please feel free to call our office. WEST GREELEY CONSERVATION DISTRICT Produced by the West Greeley Conservation District Submit by Email Weld County Referral June 15, 2016 The Weld County Department of Planning Services has received the following item for review: Applicant: DREX SHIRA Case Number: ZPHB16-0008 Please Reply By: July 13, 2016 Planner: Ryder Reddick Project: Zoning Permit for a Class II Home Occupation (Home Business - Parking and minor maintenance of two semi trucks with tanker trailers). Location: South of and adjacent to County Road 64.5 and West of and adjacent to County Road 57. Parcel Number: 080127000004-R1040402 Legal: PT S2 SECTION 27 T6N R64W LOT A REC EXEMPT RE -3125 (1.70R.50D) 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. El El U We have reviewed the request and find that it does / does not comply with our Comprehensive Plan because: We have reviewed the request and find no conflicts with our interests. See attached letter. Signature Sarah Brucker, P.E. Agency Division of Water Resources Date 07/11/2016 Weld County Planning Dept. 1555 N 17th Ave. Greeley, CO. 80631 (970) 353-6100 ext.3540 (970) 304-6498 fax COLORADO Division of Water Resources Department of Natural Resources 1313 Sherman Street, Room 821 Denver, Co 80203 July 11, 2016 Ryder Reddick Weld County Department of Planning Services Transmission via email: rreddick@co.weld.co.us Re: Zoning Permit for Drex Shira Case No. ZPHB16-0008 Pt. NEIA SEA Section 27, TON, R64W, 6th P.M. Water Division 1, Water District 1 Dear Mr. Reddick: We have reviewed the above referenced application for a Zoning Permit for a Class II Home Occupation. The submitted material does not appear to qualify as a "subdivision" as defined in § 30- 28-101(10)(a), C.R.S. Therefore, pursuant to the State Engineer's March 4, 2005 and March 11, 2011 memorandums to county planning directors, this office will only perform a cursory review of the referral information and provide comments. The comments will not address the adequacy of the water supply plan for this property or the ability of the water supply plan to satisfy any County regulations or requirements. The application is sought to allow the parking and minor maintenance of two semi -trucks with tanker trailers on an 18.65 -acre parcel. The site contains an equipment building, detached garage, and a manufactured home occupied by the owners. No additional structures will be built on the site. The proposed operation will have two employees on site. According to the submittal, no additional water is necessary for the business. Portable toilets may be utilized for employee use. The water supply for the property is an existing well with permit no. 231769. Well permit no. 231769 allows the use of the well for fire protection, ordinary household purposes inside not more than three single-family dwellings, the irrigation of not more than one acre of home gardens and lawns, and the watering of domestic animals. The well may not be used to supply water for the proposed business, including use by any employees (other than those residing onsite for ordinary household purposes). This office has no objection to the proposed use of the property so long as the existing well is used in accordance with the terms and conditions of well permit no. 231769 and is not used in support of the commercial business (including by any employees not living onsite). Should you or the applicant have any questions regarding this matter, please contact Sarah Brucker of this office. Sincerely, Cc: Well permit file no. 231769 1 Tracy L.'Ko toff, P.E. Waters Res,©urce Engineer 1313 Sherman Street, Room 821, Denver, Co 80203 P 303.866.3581 F 303.866.3585 www.water.state.co.us Surrounding Property Owner Notification June 15, 2016 The Weld County Department of Planning Services has received the following item for review: Applicant: DREX SHIRA Case Number: ZPHB16-0008 Please Reply By: July 13, 2016 Planner: Ryder Reddick Project: Zoning Permit fora Class II Home Occupation (Home Business - Parking and minor maintenance of two semi trucks with tanker trailers). On parcel(s) of land described as: PT S2 SECTION 27 T6N R64W LOTA REC EXEMPT RE -3125 (1.70R.50D) of the 6th P.M., Weld County, Colorado. Location: South of and adjacent to County Road 64.5 and West of and adjacent to County Road 57. This notice is being sent to you for your comments regarding an application for a zoning permit. Any comments 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 comments. Any response not received before or on this date will 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 listed above associated with the request. [ ] We have reviewed the request and find no conflicts with our interest. [ ] We have reviewed the request and object for the following reasons: Signature Date _ Address Weld County Planning Dept. 1555 N 17th Ave, Greeley. CO. 80631 (970) 353-6100 ext.3540 (970) 304-6498 fax SURROUNDING PROPERTY OWNERS ZP H B 16-0008 SURFACE ESTATE LAND OWNERS DOUGLAS RUH PO BOX 150 GILL CO 80624-0150 VALENTE MADERA 2438 ASPEN AVE GREELEY CO 80631-9072 GERALD ROTH 32100 COUNTY ROAD 49 GREELEY CO 80631-9648 LARSON FARMS LLC 29470 COUNTY ROAD 66 GILL CO 80624-9411 CLINT SIDWELL 31306 COUNTY ROAD 57 GILL CO 80624-9105 STEVEN FISBECK 31201 COUNTY ROAD 57 GILL CO 80624-9106 RICK TULK 27839 COUNTY ROAD 64.5 GILL CO 80624-9117 CERTIFICATEOFMAILING I hereby certify that I have placed a true and correct copy of the surrounding property owners in accordance with the notification requirements of Weld County in Case Number ZPHB16-0008 in the United States Mail, postage prepaid First Class Mail by letter as addressed on the attached list this 16th day of June, 2016. Dated the 16th day of June, 2016 Digitally signed by Michelle Wall , .'TkCLv''p - �' Date: 2016.06.1611:30:22-06'00' Michelle Wall Planning Technician WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 6/7/2016 6:53:42 PM THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not been modified from the original. The list compiled for the records of the Weld County Assessor was assembled within thirty days of the applications submission date. Signature Date Property Owners Within 500 ft of Parcel # 080127000004 Account Parcel Owner Mailing Address R1040402 080127000004 SHIRA DREX 31349 COUNTY ROAD 57 GILL, CO 806249106 R1040502 080127000005 RUH DOUGLAS PO BOX 150 GILL, CO 806240150 R6784910 080127100001 BARRIOS CELIA R6784910 080127100001 MADERA ALEJANDRO R6784910 080127100001 MADERA VALENTE 2438 ASPEN AVE GREELEY, CO 806319072 R4572506 080127200030 ROTH JANET M R4572506 080127200030 ROTH GERALD L 32100 COUNTY ROAD 49 GREELEY, CO 806319648 R4402406 080127400006 TULK JESSICA WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 6/7/2016 6:53:42 PM THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not been modified from the original. The list compiled for the records of the Weld County Assessor was assembled within thirty days of the applications submission date. Property Owners Within 500 ft of Parcel # 080127000004 Signature Date Account Parcel Owner Mailing Address R6781298 080126200008 LARSON FARMS LLC 29470 COUNTY ROAD 66 GILL, CO 806249411 R4606807 080126300006 SIDWELL CASEY J R4606807 080126300006 SIDWELL CLINT L 31306 COUNTY ROAD 57 GILL, CO 806249105 R7432398 080126300031 SIDWELL CASEY J R7432398 080126300031 SIDWELL CLINT L 31306 COUNTY ROAD 57 GILL. CO 806249105 R7432598 080126300033 SIDWELL CASEY J R7432598 080126300033 SIDWELL CLINT L 31306 COUNTY ROAD 57 GILL, CO 806249105 R0920601 080127000003 FISBECK STEVEN L 31201 COUNTY ROAD 57 GILL, CO 806249106 R1040402 080127000004 SHIRA LANA WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 6/7/2016 6:53:42 PM THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not been modified from the original. The list compiled for the records of the Weld County Assessor was assembled within thirty days of the applications submission date. Property Owners Within 500 ft of Parcel # 080127000004 ItraefL e Signature Date Account Parcel Owner Mailing Address R4402406 080127400006 TULK RICK 27839 COUNTY ROAD 64.5 GILL, CO 806249117 R1536202 080127400056 TULK JESSICA R1536202 080127400056 TULK RICK 27839 COUNTY ROAD 64.5 GILL, CO 806249117 SPECIAL WARRANTY DEED THIS DEED is dated - a to, a of lr and is made between Wilbur A. Stringer and Donna R. Stringer (whether one, or more than one), the "Grantor", of the County of Weld and State of Colorado, and Drex Shim and Lana Shim (whether one, or more than one), as Joint Tenants, the "Grantee," whose legal address is 31349 Weld County Road 57, Gill, Weld County, Colorado. WITNESS, that the Grantor, for and in consideration of the sum of Three hundred fifty thousand DOLLARS, (5350,000.00), the receipt and sufficiency of which is hereby acknowledged, hereby grants, bargains, sells, conveys and confirms unto the Grantee and the Grantee's heirs and assigns forever, all the real property, together with any improvements thereon, located in the County of Weld and State of Colorado, described as follows: Lot A, Recorded Exemption No. 0801-27-4-RE3125, recorded October 4,2001 under Reception No. 2889202, being a part of the Sl/2 of Section 27, Township 6 North, Range 64 West of the 6th Principal Meridian, County of Weld, State of Colorado known as No. 31349 Weld Counts, Road 57, Gill, Colorado 80624 (Property Address). TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, the reversions, remainders, rents, issues and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever of the Grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances; TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the Grantee and the Grantee's heirs and assigns forever. The Grantor, for the Grantor and the Grantor's heirs and assigns, does covenant and agree that the Grantor shall and will WARRANT THE TITLE AND DEFEND the above described premises, but not any adjoining vacated street or alley, if any, in the quiet and peaceable possession of the Grantee and the heirs and assigns of the Grantee, against all and every person or persons claiming the whole or any part thereof, by, through or under the Grantor except and subject to: 0 none; or ® the following matters: All matters and easements of record, and subject to the exceptions set forth in the ALTA Commitment of Old Republic National Title Insurance Company, Order Number FC25137496-2, dated February 15, 2015. IN WITNESS WHEREOF, the Grantor has executed this deed on the date set forth above. /may/��// 1 J ---_ /// J 41-e, i"v J' /v %a� VP -`� -G s � %!/ !f r2 Wilbur A. Stringer _/ Donna R. Stringer by -Wilbur A. Stringer as Attorney -In -Fact STATE OF COLORADO ) ss. County of Weld //— The foregoing instrument was acknowledged before me this 0AP day of Stringer and Donna R. Stringer by Wilbur A. Stringer as Attorney -In -Fact Witness my hand and official seal. My commission expires: 7 _ 1 f.7 M:1S2428)000I\special warranty deeddoc No. 16. Rev. 10-09. SPECIAL WARRANTY DEED (Page 1 of 1) Jcb otary Public //, - , 2016, by Wilbur A. NANCY A. LOHR NOTARY PUBLIC STATE OF COLORADO NOTARY ID 19924008574 My Commission agree July 18, 2015 .-a INVENTORY OF ITEMS FOR CONSIDERATION Applicant Drex & Lana Shira Case Number ZPHB16-0008 Submitted or Prepared Prior to Hearing At Hearing 1 Letter of Opposition From Jack Larson — Received July 8, 2016 — 1.5 miles east of site X 2 Letter of Opposition From Steven L. Fisbeck — Received July 11 2016 — Adjacent property X 3 X Letter of Opposition From Robert A Wardlaw — Received July 21 2016 — 0.25 mile south of Site 4 Letter of Opposition From Clint & Casey Sidwell — Received July 12, 2016 — Adjacent property X 5 Email From Lana Shira explaining to Planning Staff Possible Reason for Opposition — Received I August 4 2016 X 6 Letter To Neighbors Attempting to Address Concerns --Lana & Drex Shira — Received August 5, 2016 X I hereby certify that the 6 items identified herein were submitted to the Department of Planning Services at or prior to the scheduled Board of County Commissioners hearing. cer) A Lis* Ryden Redick , Planner Surrounding Property 0 Notification June 15, 2016 RFCEIVFD JUL 08 2016 Vicld County Planningi"�8ltrrr6tt The Weld County Department of Planning Services has received the following item for review: Applicant: DREX SHIRA Case Number: ZPHB16-0008 Please Reply By: July 13, 2016 Planner: Ryder Reddick Project Zoning Permit for a Class H Home Occupation (Home Business - Parking and minor maintenance of two semi trucks with tanker trailers). GREELEY OFFICE On parcels) of land described as: PT S2 SECTION 27 T6N R64W LOT A REC EXEMPT RE -3125 (1.70R.50D) of the 6th P.M„ Weld County, Colorado. Location: South of and adjacent to County Road 64.5 and West of and adjacent to County Road 57. This notice is being sent to you for your comments regarding an application for a zoning permit. Any comments 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 comments. Any response not received before or on this date will 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 listed above associated with the request. [ ] We have reviewed the request and find no conflicts with our interest. )] We have reviewed the request and object for the following reasons: Uhl-/Ln l 4,,_ roc .9 404-11 4-14.00 A (tom ezekw }/etA : e � f0 ,�' 043 { . tliAtar i .+!! i,S'4 Ln.. ve V C Y ( ie 7 .{.- c.7 x'111 h_ 2 I Signature Address AMID &4 Moe01.46az Date ff r //f} Weld County Planning Dept. 1555 N 17th Ave, Greeley, CO 80631 (970) 353-6100 ext.3540 (970) 304-6498 fax Surrounding Property Owner Notification June 15, 2016 R Fa rieri " f JUL 11 2016 Weld Cou:Ky 1. GNEELEI The Weld County Department of Planning Services has received the following item for review: Applicant: DREX SHIRA Case Number ZPHB16-0408 Please Reply By: July 13, 2016 Planner: Ryder Reddick Project: Zoning Permit for a Class II Home Occupation (Home Business - Parking and minor maintenance of two semi trucks with tanker trailers). On parcel(s) of land described as: PT S2 SECTION 27 T6N R64W LOT A REC EXEMPT RE -3125 (1.70R.50D) of the 6th P.M., Weld County, Colorado. Location: South of and adjacent to County Road 64.5 and West of and adjacent to County Road 57. This notice is being sent to you for your comments regarding an application for a zoning permit. Any comments 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 comments. Any response not received before or on this date will 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 listed above associated with the request. [] We have reviewed the request and find no conflicts with our interest. I We have lreviewed the request fand object for the following reasons:0.ae' Are*. i 3 �`- .l Ir ` f i ---a - C , (� The- /C c -- ! r e a- cis d IA c "[ 14 'et 4 /1 _Z V : i G;,_ *`q . i `ra- .( -i r`t/.. +iv-, -I 1-1,•:.i. iy'o -)c-1 j • n.: s i[.1 o v t ' I rd i FZ Irv\ fir' L. k. 4 �^< c!7 c l G' .'�',f1 i ems. �\ a 's s&.t/ )ct I- • a &Aktv }). 6 oe„ e f,, e e e .s he : 1 >..c' i i s a io r� hi. r- .t C •1. 1,47 QQrs a se.! ; 1 i rh b�3 I:tiers, es, iy �`- T i� rr r 5 rL a -- t l_ • .-- ; x. 4 1 J.+ ,e 1v''1` fait t� . M e 7-' Hoke +w- i i v'. CI a- j t r �I �] 1 _4?it` C -e d Gi 1 re '�.. c- f,h aVaTv's 02 pcm1'b.s . Pioi At. hal sat. d t- r w` a{ h el 7 e, 7 +%�.+ s 4- wki- k 3 5.7s. ,+- 9ays 2- +t-rQek c Signature Address /vacii C X C'7 r77e r 14-czgf 54 -tee -o. ee,r. L. r r 404 Date Weld County Planning Dept. 1555 N 17th Ave, Greeley, CO. 50631 (970) 353-6100 ext.3540 (970) 304-6498 fex St Weld County Referral '- i o :1 JUL 2 1 2016 *al County lid GREELEY Oi-i ICE June 15, 2016 The Weld County Department of Planning Services has received the following item for review: Applicant: DREX SHIRA Case Number: ZPHB16-0008 Please Reply By: July 13, 2016 Planner: Ryder Reddick Project: Zoning Permit for a Class II Home Occupation (Home Business - Parking and minor maintenance of two semi trucks with tanker trailers). Location; South of and adjacent to County Road 64.5 and West of and adjacent to County Road 57. Parcel Number: 080127000004-R1040402 Legal: PT S2 SECTION 27 T6N R64W LOT A REC EXEMPT RE -3125 (1.70R.50D) 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 cimib / does not comply with our Comprehensive Plan because: We have reviewed the request and find no conflicts with our interests. See attached fetter. Signature Agency Date Weld County Planning Dept. 1555 N 1701 Ave, Greeley, CO. 80631 (970) 353-6100 ext.3540 (970) 304-6498 fax - - t obZYCLA. i.tite�l�.r�. JD1&CLt S7 61-ZZ. 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Sey rag_ Ge? tighfik-,OLa 'Thnic-.5 7-47 1-6 hic .i _ e e - 'reirc' zazguthm tig 9 kettirr FaitG &IT rdr____Aa0 O1,46,ICAt at re/ewe /z Luc/<S 97‘,3-3:91- OST?2 /93LN Gin 44&ALJLJ#eTTP1J AIM r� TILE Veit < Z.% -C -z)\-) ,t9 /ittiey, wag whearer t7 /1,4_4210.-MAICA'ainefc 6n ,) 404 Zeta} ft 4le /Pr-- EXHIBIT 4 Surrounding Property Owner Notification June 15, 2016 The Weld County Department of Planning Services has received the following item for review: Applicant: DREX SHIRA Case Number ZPHB16-0008 Please Reply By: July 13, 2016 Planner: Ryder Reddick Project: Zoning Permit for a Class II Home Occupation (Home Business - Parking and minor maintenance of two semi trucks with tanker trailers). On parcel(s) of land described as: PT S2 SECTION 27 T6N R64W LOTA REC EXEMPT RE -3125 (1.70R.50D) of the 6th P.M., Weld County, Colorado, Location: South of and adjacent to County Road 64.5 and West of and adjacent to County Road 57 This notice is being sent to you for your comments regarding an application for a zoning permit. Any comments 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 comments. Any response not received before or on this date will 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 listed above associated with the request. (] We have reviewed the request and find no conflicts with our interest [] We have reviewed the request and object for the following reasons: Signature Address /141:1(1- 14. >{ 3, g0 c Ce_ 5 17 6241(e ( (Cooav _L Date _. Weld County Planning Dept. 1555 N 17th Ave, Greeley, CO. 80631 (970) 353-6100 ext.3540 (970) 304.6498 fax EXHIBIT It is our belief that the zoning on the referenced property should remain agricu aural. The request for a zoning change is concerning to us for several reasons. First, the proposed use described in this letter (parking and minor maintenance of two tanker trucks) has been in practice since the new owners purchased the property. Two tanker semis have been based out of the yard for many months. Additionally, it was expressed to us by Mr. Shira that he plans to allow additional commercial trucks to operate out of that yard in the future. Thus, we are confused as to the true intentions of the owner with regard to use. It is our understanding that he doesn't live at the property himself. Finally, this area consists of many agricultural family residences. There is no short route to a paved road that doesn't pass by several homes that are near the road. Several Platte Valley school bus routes include travel on the intersection of 64.5 and 57 and surrounding roads. EXHIBIT Ryder Reddick Subject: t 5 FW:.ZPHB16-00O8 Administrative Review (Public Hearing with the BOCC required) From: Lana Michel Shira [mailto:heylanalana@gmail.com] Sent: Wednesday, August 03, 2016 11:32 AM To: Ryder Reddick <rreddick@co.weld.co.us> Subject: Re: ZPHB16-0008 Administrative Review (Public Hearing with the BOCC required) Hello Ryder, We have read the letters and its clear the neighbors have it in their minds that we want a "terminal" out here. When we bought the property in February we were not aware that having our two trucks was not in compliance. The rumors of a truck terminal probably started when an oil company approached us about renting our shop. We then went to the Weld County Planning Department in person and talked in person with planner who explained the requirements and zoning options. We also consulted a land use attorney and decided then that we were no longer interested in renting the shop to the oil company, but did want to be in compliance with our own home -business so we started that process. My husband did tell one neighbor about the oil company's offer, and we believe that is where the rumors started. It is not our intention to turn our property into a truck terminal. Lana 1 EXHIBIT August 4, 2016 RE: Application (ZPHB Class II) Zoning Permit for Home Business in the A (Agriculture) Zone District To: Clint and Casey Sidwell, Steven Fisbeck, Robert A. Warden, and Jack (Loren) Dear Neighbors, We are writing you today to clarify that it is not our intention to develop a "truck terminal" on our property. We have two trucks, which our brother Dan, and two other drivers currently use to transport crude oil. It is true that we were approached by an oil transport company about renting/leasing the shop for their maintenance of 5 of their trucks. Our first move was to go to Weld County Planning to see if it was even permissible. We found out it was not permissible, and declined the offer. We understand that some of you may have thought this permit has something to do with that offer. It does not, it is only to become compliant with the county in the operation of our current business. We are aware of the allowances and disallowances of the permit and intend to comply with the allowances. We understand and appreciate your concerns. We ourselves have farming backgrounds. Drex and Dan grew up on a farm/dairy in eastern Oregon. Dan entered the air force and Drex farmed in that area for nearly 20 years. Lana farmed in northern California for nearly 30 years on a family farm which her two sons still run. Thank you, Drex Shira & Lana Shira 31349 CR 57, Gill, CO 80624 Hello