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Description: Township 2 North, Range 66 West of the 6th P.M., Weld County Colorado
LAND USE APPLICATION
SUMMARY SHEET
Kim Ogle
1MJUSR16-04-1459
Rhonda and Mike Whistance, T & M Truck & Auto, LLC
13042 County Road 20, Fort Lupton, Colorado 80621-9502
Tomm Owens, On Land Company, 1813 61st Avenue, #200, Greeley, CO 80634
Hearing Date: September 20, 2016
An Amendment to a Site Specific Development Plan and Use by Special Review Permit
No. USR-1459 (for any use permitted as a Use By Right, An Accessory Use, or a Use
by Special Review in the Commercial Zone District (Vehicle Sales and Detailing),
provided that the property is not a lot in an approved or recorded Subdivision Plat or
lots parts of a map or plan filed prior to adoption of any regulations controlling
subdivisions) to include one additional commercial building and expand the current
business to include automotive service in the A (Agricultural) Zone District
Lot 1, Recorded Exemption No. RE -1039 being part of the W2NW4 of Section 20,
Location: South of and adjacent to County Road 20; east of and adjacent to State Highway 85
Size of Parcel: +/- 3.01 acres
Parcel No. 1309-20-0-00-041
The criteria for review of this Special Review Permit is listed in Section 23-2-220 of the Weld County
Code.
The Department of Planning Services' staff has received referral responses with comments from the
following agencies:
➢ Weld County Zoning Compliance, referral dated August 2, 2016
➢ Weld County Department of Public Works, referral dated August 2, 2016
➢ Weld County Department of Public Health and Environment, referral dated August 11, 2016
➢ State of Colorado, Division of Water Resources, referral dated August 22, 2106
➢ Fort Lupton Fire Protection District, referral dated August 23, 2016
• Weld County Department of Planning Services - Engineer, referral dated August 29, 2016
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
• Weld County Sherriff's Office, referral dated August 2, 2016
➢ City of Fort Lupton, referral dated August 5, 2016
The Department of Planning Services' staff has not received responses from the following agencies:
• Weld County Department of Building Inspection
Y Platte Valley Soil Conservation District
Y State of Colorado, Department of Transportation
➢ Colorado Parks and Wildlife
1MJUSR16-04-1459 WHISTANCE - T & M TRUCK & AUTO. LLC, Page 1 of 10
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SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
Kim Ogle
1MJUSR16-04-1459
Rhonda and Mike Whistance, T & M Truck & Auto, LLC
13042 County Road 20, Fort Lupton, Colorado 80621
Tomm Owens, On Land Company, 1813 61st Avenue, #200, Greeley, CO 80634
Hearing Date: September 20, 2016
An Amendment to a Site Specific Development Plan and Use by Special Review Permit
No. USR-1459 (for any use permitted as a Use By Right, An Accessory Use, or a Use
by Special Review in the Commercial Zone District (Vehicle Sales and Detailing),
provided that the property is not a lot in an approved or recorded Subdivision Plat or
lots parts of a map or plan filed prior to adoption of any regulations controlling
subdivisions) to include one additional commercial building and expand the current
business to include automotive service in the A (Agricultural) Zone District
Lot 1, Recorded Exemption No. RE -1039 being part of the W2NW4 of Section 20,
Township 2 North, Range 66 West of the 6th P.M., Weld County Colorado
South of and adjacent to County Road 20; east of and adjacent to State Highway 85
+1- 3.01 acres Parcel No. 1309-20-0-00-041
USR-1459 was approved by the Board of County Commissioners on April 7, 2004 and included
approximately 1.6 acres of the 3.0 acre property. The USR boundary "floated" within the parcel and did
not extend to the property lines. This amendment seeks to expand the facility footprint to the south to
include one additional commercial building and an automotive maintenance service area. The existing
brick residence located on site may be utilized for the storage of business materials or may be
demolished with the business expansion. Water service is provided by commercial well for uses inside of
the business only and there is an approved septic system on site sized for up to four employees.
DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE
APPROVED FOR THE FOLLOWING REASONS:
The submitted materials are in compliance with the application requirements of Section 23-2-260
of the Weld County Code.
It is the opinion of the Department of Planning Services' staff that the applicant has shown
compliance with Section 23-2-220 of the Weld County Code as follows:
Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other
applicable code provisions or ordinance in effect.
Section 22-2-20.G. A.Goal 7 states "County land use regulations should protect the
individual property owner's right to request a land use change;" Section 22-2-20.G.2
A.Policy 7.2. states "Conversion of agricultural land to nonurban residential,
commercial and industrial uses should be accommodated when the subject site is in an
1MJUSR16-04-1459 WHISTANCE - T & M TRUCK & AUTO. LLC, Page 2 of 10
area that can support such development, and should attempt to be compatible with the
region."
This is a proposed expansion to an existing business that is located on lands that
historically were utilized for a residence. In 2004 T & M Truck and Auto, LLC acquired
the property and were approved for a vehicle sales establishment (USR-1495). The
proposed use and expansion of the business is in an area that can support this
development and the Development Standards and the Conditions of Approval will
assist in mitigating the impacts of the facility on the adjacent properties and ensure
compatibility with surrounding land uses and the region.
B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A
(Agricultural) Zone District.
Section 23-3-40.S of the Weld County Code provides for any use permitted as a Use by
Right, an accessory use, or a Use by Special Review in the Commercial or Industrial
zone districts, provided that the property is not a Lot in an approved or recorded
subdivision plat or lots parts of a map or plan filed prior to adoption of any regulations
controlling subdivisions in the A (Agricultural) Zone District.
C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the
existing surrounding land uses.
Lands adjacent to the west include State Highway 85 and a large tract of agricultural land
adjacent to the South Platte river; to the north is also a large tract of agricultural land; to
the east is the Union Pacific Railroad main line track and the Suncor Energy and Pipeline
storage tank facility (MUSR15-0017) and to the south are two roust -a -bout and trucking
companies associated with the oilfield. These two businesses also share a common
access off of County Road 20, and have a valid access permit via AP16-00353.
D. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with future
development of the surrounding area as permitted by the existing zoning and with the
future development as projected by Chapter 22 of the Weld County Code and any other
applicable code provisions or ordinances in effect, or the adopted Master Plans of
affected municipalities.
The site is located within Coordinated Planning Area and the three (3) mile referral area
of the City of Fort Lupton. The City of Fort Lupton in their referral comments, dated
August 5, 2016 indicated that they have discussed the potential for annexation and the
applicants expressed their desire to continue their application in the County. The City
indicated no additional concerns.
Section 23-2-220.A.5 -- The application complies with Chapter 23, Articles V and XI, of
the Weld County Code.
The site is not in a floodplain.
Building Permits issued on the lot will be required to adhere to the fee structure of the
County -Wide Road Impact Fee Program.
Building Permits issued on the proposed lot will be required to adhere to the fee structure
of the County Facility Fee and Drainage Impact Fee Programs.
F. Section 23-2-220.A.6 -- The applicant has demonstrated a diligent effort to conserve
prime agricultural land in the locational decision for the proposed use.
1MJUSR16-04-1459 WHISTANCE - T & M TRUCK & AUTO. LLC, Page 3 of 10
The proposed facility is located on approximately 3.01 acres of Prime Irrigated lands per
the 1979 Soil Conservation Service Important Farmlands of Weld County Map. Due to
the small size of the parcel and the existing improvements, it is not economically feasible
for agricultural production.
G. Section 23-2-220.A.7 - There is adequate provisions for the protection of the health,
safety, and welfare of the inhabitants of the neighborhood and County.
The Design Standards (Section 23-2-240, Weld County Code), Operation Standards
(Section 23-2-250, Weld County Code), Conditions of Approval and Development
Standards can ensure that there are adequate provisions for the protection of health,
safety, and welfare of the inhabitants of the neighborhood and County.
This recommendation is based, in part, upon a review of the application materials submitted by the
applicant, other relevant information regarding the request, and responses from referral entities.
The Department of Planning Services' staff recommendation for approval is conditional upon the
following:
Prior to recording the map:
A. The applicant shall attempt to address the requirements of the Fort Lupton Fire Protection
District, as stated in the referral response dated August 23, 2016. Written evidence of such
shall be submitted to the Weld County Department of Planning Services. (Department of
Planning Services)
B. The applicant shall submit evidence of an approved Colorado Department of Transportation
(CDOT) access to the property. (Department of Public Works)
C. The map shall be amended to delineate the following:
1. All sheets of the map shall be labeled 1MJUSR16-04-1459 (Department of Planning
Services)
2. The attached Development Standards. (Department of Planning Services)
3. The map shall be prepared in accordance with Section 23-2-260.D of the Weld
County Code. (Department of Planning Services)
4. The applicant shall delineate on the map the trash collection areas. Section
23-3-350.H of the Weld County Code addresses the issue of trash collection areas.
(Department of Planning Services)
5. The map shall delineate the landscaping. (Department of Planning Services)
6. The map shall delineate the lighting. (Department of Planning Services)
7. All signs shall be shown on the map and shall adhere to Chapter 23, Article IV,
Division 2 and Appendices 23-C, 23-D and 23-E of the Weld County Code.
(Department of Planning Services)
8. The map shall delineate the parking area for the vendors, customers and/or
employees. (Department of Planning Services)
County Road 20 is a gravel road and is designated on the Weld County Road
Classification Plan as a local road which requires 60 feet of right-of-way at full
1MJUSR16-04-1459 WHISTANCE - T & M TRUCK & AUTO. LLC, Page 4 of 10
buildout. The applicant shall delineate on the site plan the existing right-of-way. All
setbacks shall be measured from the edge of right-of-way. This road is maintained
by Weld County. (Department of Public Works)
10. Show and label the approved access(es) (AP16-00353), and the appropriate turning
radii on the site plan. (Department of Public Works)
11. Show the approved Colorado Department of Transportation (CDOT) access(es) on
the site plan and label with the approved access permit number if applicable.
(Department of Public Works)
12. Show and label the approved tracking control on the site plan. (Department of Public
Works)
13. Show and label the entrance gate set back a minimum of 100ft from edge of
shoulder. (Department of Public Works)
14. The applicant shall show and label the accepted drainage features and drainage flow
arrows. Water quality features or stormwater ponds should be labeled as "Water
Quality Feature/Stormwater Detention, No -Build or Storage Area" and shall include
the calculated volume. (Department of Planning Services -Engineer)
15. Show and label the parking and traffic circulation flow arrows showing how the traffic
moves around the property. (Department of Planning Services -Engineer)
2. Upon completion of Condition of Approval #1 above, the applicant shall submit one (1) paper
copy or one (1) electronic copy (.pdf) of the map for preliminary approval to the Weld County
Department of Planning Services. Upon approval of the map the applicant shall submit a Mylar
map along with all other documentation required as Conditions of Approval. The Mylar map shall
be recorded in the office of the Weld County Clerk and Recorder by the Department of Planning
Services. The map shall be prepared in accordance with the requirements of Section 23-2-260.D
of the Weld County Code. The Mylar map and additional requirements shall be submitted within
one hundred twenty (120) days from the date of the Board of County Commissioners Resolution.
The applicant shall be responsible for paying the recording fee. (Department of Planning
Services)
3. In accordance with Weld County Code Ordinance #2012-3, approved April 30, 2012, should the
map not be recorded within the required one hundred twenty (120) days from the date of the
Board of County Commissioners Resolution, a $50.00 recording continuance charge shall added
for each additional three (3) month period. (Department of Planning Services)
4. The Department of Planning Services respectfully requests a digital copy of this "Use by Special
Review", as appropriate. Acceptable format is a projected ESRI shapefile (.shp, .shx, .dbf, .prj)
with a defined coordinate system (i.e., NAD 1983 UTM Zone 13N, WGS 1984, NAD 1983 HARN
StatePlane Colorado North FIPS 0501 (US Feet)....etc.). This digital file may be sent to
maps@co.weld.co.us. (Department of Planning Services)
Prior to Construction:
A. If more than 1 acre is to be disturbed, a Weld County grading permit will be required prior to
the start of construction. (Department of Planning Services - Engineer)
B. The approved access and tracking control shall be constructed prior to on -site construction.
(Department of Public Works)
6. The Use by Special Review activity shall not occur, nor shall any building or electrical permits be
issued on the property, until the Use by Special Review map is ready to be recorded in the office
1MJUSR16-04-1459 WHISTANCE - T & M TRUCK & AUTO. LLC, Page 5 of 10
of the Weld County Clerk and Recorder or the applicant has been approved for an early release
agreement. (Department of Planning Services)
1MJUSR16-04-1459 WHISTANCE - T & M TRUCK & AUTO. LLC, Page 6 of 10
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Rhonda and Mike Whistance
T & M Truck & Auto, LLC
1MJUSR16-04-1459
1. An Amendment to a Site Specific Development Plan and Use by Special Review Permit No. USR-
1459 (for any use permitted as a Use By Right, An Accessory Use, or a Use by Special Review in the
Commercial Zone District (Vehicle Sales and Detailing), provided that the property is not a lot in an
approved or recorded Subdivision Plat or lots parts of a map or plan filed prior to adoption of any
regulations controlling subdivisions) to include one additional commercial building and expand the
current business to include automotive service in the A (Agricultural) Zone District, subject to the
Development Standards stated hereon. (Department of Planning Services)
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld
County Code. (Department of Planning Services)
3. The hours of operation are 7:30 a.m. - 6:00 p.m. Monday - Sunday. (Department of Planning
Services)
4. The number of on -site employees shall be 6. (Department of Planning Services)
5. The parking area on the site shall be maintained. (Department of Planning Services)
6. All signs shall adhere to Chapter 23, Article IV, Division 2 and Appendices 23-C, 23-D and 23-E of the
Weld County Code. (Department of Planning Services)
7. The landscaping/screening on the site shall be maintained. (Department of Planning Services)
8. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act,
30-20-100.5, C.R.S., as amended) shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination. (Department of Public Health and
Environment)
9. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those
wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites
and Facilities Act, 30-20-100.5, C.R.S., as amended. (Department of Public Health and Environment)
10. Waste materials shall be handled, stored, and disposed of in a manner that controls fugitive dust,
fugitive particulate emissions, blowing debris, and other potential nuisance conditions. The applicant
shall operate in accordance with Chapter 14, Article 1 of the Weld County Code. (Department of
Public Health and Environment)
11. Fugitive dust and fugitive particulate emissions should attempt to be confined on the property. Uses
on the property should comply with the Colorado Air Quality Commission's air quality regulations.
(Department of Public Health and Environment)
12. The facility shall be constructed and operated to ensure that contamination of soil and groundwater
does not occur. (Department of Public Health and Environment)
13. Any contaminated soils on the facility shall be removed, treated or disposed of in accordance with all
applicable rules and regulations. All spills will be reported to local, state and federal agencies in
accordance with all state and federal regulations. (Department of Public Health and Environment)
14. Secondary containment shall be constructed around tanks to provide containment for the largest
single tank and sufficient freeboard to contain precipitation. Secondary containment shall be
1MJUSR16-04-1459 WHISTANCE - T & M TRUCK & AUTO. LLC, Page 7 of 10
sufficiently impervious to contain any spilled or released material. Secondary containment devices
shall be inspected at regular intervals and maintained in good condition. All secondary containment
will comply with the provisions of the State Underground and Above Ground Storage Tank
Regulations. (Department of Public Health and Environment)
15. Adequate drinking, hand washing and toilet facilities shall be provided for employees and patrons of
the facility, at all times. If employees or contractors are on site for less than 2 consecutive hours a
day portable toilets and bottled water are acceptable. Records of maintenance and proper disposal
for portable toilets shall be retained on a quarterly basis and available for review by the Weld County
Department of Public Health and Environment. Portable toilets shall be serviced by a cleaner
licensed in Weld County and shall contain hand sanitizers. (Department of Public Health and
Environment)
16. Any septic system located on the property must comply with all provisions of the Weld County Code,
pertaining to On -site Wastewater Treatment Systems. A permanent, adequate water supply shall be
provided for drinking and sanitary purposes. (Department of Public Health and Environment)
17. Process wastewater (such as floor drain wastes) shall be captured in a watertight vault and hauled off
for proper disposal. Records of installation, maintenance, and property disposal shall be retained.
(Department of Public Health and Environment)
18. All potentially hazardous chemicals must be handled in a safe manner in accordance with product
labeling. All chemicals must be stored secure, on an impervious surface, and in accordance with
manufacturer's recommendations. (Department of Public Health and Environment)
19. The facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone as
delineated in 25-12-103 C.R.S. (Department of Public Health and Environment)
20. The applicant shall submit an Air Pollution Emission Notice (A.P.E.N.) and Emissions Permit
Application and obtain a permit from the Air Pollution Control Division, Colorado Department of Public
Health and Environment, as applicable. (Department of Public Health and Environment)
21. Any vehicle or equipment washing areas shall capture all effluent and prevent discharges in
accordance with the Rules and Regulations of the Water Quality Control Commission, and the
Environmental Protection Agency. (Department of Public Health and Environment)
22. The applicant shall obtain a Colorado Discharge Permit System or CDPS permit from the Colorado
Department of Public Health and Environment (CDPH&E), Water Quality Control Division, as
applicable. (Department of Public Health and Environment)
23. The operation shall comply with all applicable rules and regulations of State and Federal agencies
and the Weld County Code. (Department of Public Health and Environment)
24. Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties
where such would cause a nuisance or interfere with the use on the adjacent properties in
accordance with the plan. Neither the direct, nor reflected, light from any light source may create a
traffic hazard to operators of motor vehicles on public or private streets. No colored lights may be
used which may be confused with, or construed as, traffic control devices. (Department of Planning
Services)
25. The property owner shall control noxious weeds on the site. (Department of Public Works)
26. The access to the site shall be maintained to mitigate any impacts to the public road including
damages and/or offsite tracking. (Department of Public Works)
27. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Department of Public Works)
1MJUSR16-04-1459 WHISTANCE - T & M TRUCK & AUTO. LLC, Page 8 of 10
28. The historical flow patterns and runoff amounts on the site will be maintained. (Department of
Planning Services - Engineer)
29. Weld County is not responsible for the maintenance of onsite drainage related features. (Department
of Planning Services - Engineer)
30. Building permits may be required, per Section 29-3-10 of the Weld County Code. Currently, the
following have been adopted by Weld County: 2012 International Codes, 2006 International Energy
Code, and 2014 National Electrical Code. A Building Permit Application must be completed and two
(2) complete sets of engineered plans bearing the wet stamp of a Colorado registered architect or
engineer must be submitted for review. A Geotechnical Engineering Report performed by a Colorado
registered engineer shall be required or an Open Hole Inspection. (Department of Building Inspection)
31. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code.
32. Necessary personnel from the Weld County Departments of Planning Services, Public Works, and
Public Health and Environment shall be granted access onto the property at any reasonable time in
order to ensure the activities carried out on the property comply with the Conditions of Approval and
Development Standards stated herein and all applicable Weld County regulations.
33. The Use by Special Review area shall be limited to the plans shown hereon and governed by the
foregoing standards and all applicable Weld County regulations. Substantial changes from the plans
or Development Standards, as shown or stated, shall require the approval of an amendment of the
Permit by the Weld County Board of County Commissioners before such changes from the plans or
Development Standards are permitted. Any other changes shall be filed in the office of the
Department of Planning Services.
34. The property owner or operator shall be responsible for complying with all of the foregoing
Development Standards. Noncompliance with any of the foregoing Development Standards may be
reason for revocation of the Permit by the Board of County Commissioners.
35. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of the most
abundant mineral resources, including, but not limited to, sand and gravel, oil, natural gas, and coal.
Under title 34 of the Colorado Revised Statutes, minerals are vital resources because (a) the state's
commercial mineral deposits are essential to the state's economy; (b) the populous counties of the
state face a critical shortage of such deposits; and (c) such deposits should be extracted according to
a rational plan, calculated to avoid waste of such deposits and cause the least practicable disruption
of the ecology and quality of life of the citizens of the populous counties of the state.
Mineral resource locations are widespread throughout the County and person moving into these
areas must recognize the various impacts associated with this development. Often times, mineral
resource sites are fixed to their geographical and geophysical locations. Moreover, these resources
are protected property rights and mineral owners should be afforded the opportunity to extract the
mineral resource.
36. WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive agricultural counties
in the United States, typically ranking in the top ten counties in the country in total market value of
agricultural products sold. The rural areas of Weld County may be open and spacious, but they are
intensively used for agriculture. Persons moving into a rural area must recognize and accept there
are drawbacks, including conflicts with long-standing agricultural practices and a lower level of
services than in town. Along with the drawbacks come the incentives which attract urban dwellers to
relocate to rural areas: open views, spaciousness, wildlife, lack of city noise and congestion, and the
rural atmosphere and way of life. Without neighboring farms, those features which attract urban
dwellers to rural Weld County would quickly be gone forever.
1MJUSR16-04-1459 WHISTANCE - T & M TRUCK & AUTO. LLC, Page 9 of 10
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area. Well -run agricultural
activities will generate off -site impacts, including noise from tractors and equipment; slow -moving
farm vehicles on rural roads; dust from animal pens, field work, harvest and gravel roads; odor from
animal confinement, silage and manure; smoke from ditch burning; flies and mosquitoes; hunting and
trapping activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and
fertilizers in the fields, including the use of aerial spraying. It is common practice for agricultural
producers to utilize an accumulation of agricultural machinery and supplies to assist in their
agricultural operations. A concentration of miscellaneous agricultural materials often produces a
visual disparity between rural and urban areas of the County. Section 35-3.5-102, C.R.S., provides
that an agricultural operation shall not be found to be a public or private nuisance if the agricultural
operation alleged to be a nuisance employs methods or practices that are commonly or reasonably
associated with agricultural production.
Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to
assume that ditches and reservoirs may simply be moved "out of the way" of residential development.
When moving to the County, property owners and residents must realize they cannot take water from
irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water.
Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice
the size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of
state and county roads outside of municipalities. The sheer magnitude of the area to be served
stretches available resources. Law enforcement is based on responses to complaints more than on
patrols of the County, and the distances which must be traveled may delay all emergency responses,
including law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who
must leave their jobs and families to respond to emergencies. County gravel roads, no matter how
often they are bladed, will not provide the same kind of surface expected from a paved road. Snow
removal priorities mean that roads from subdivisions to arterials may not be cleared for several days
after a major snowstorm. Services in rural areas, in many cases, will not be equivalent to municipal
services. Rural dwellers must, by necessity, be more self-sufficient than urban dwellers.
People are exposed to different hazards in the County than in an urban or suburban setting. Farm
equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center
pivot operations, high speed traffic, sandburs, puncture vines, territorial farm dogs and livestock, and
open burning present real threats. Controlling children's activities is important, not only for their
safety, but also for the protection of the farmer's livelihood.
1 MJUSR16-04-1459 WHISTANCE - T & M TRUCK & AUTO, LLC, Page 10 of 10
August 30, 2016
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.co.weld.co.us
E-MAIL: kogle@co.weld.co.us
PHONE: (970) 353-6100, Ext. 3549
FAX: (970) 304-6498
OWENS TOMM
1813 61ST AVE#200
GREELEY, CO 80634
Subject: MJUSR16-0002 - AN AMENDMENT TO A SITE SPECIFIC DEVELOPMENT PLAN AND USE
BY SPECIAL USE PERMIT NO. USR-1459 (FOR ANY USE PERMITTED AS A USE BY RIGHT, AN
ACCESSORY USE, OR A USE BY SPECIAL REVIEW IN THE COMMERCIAL ZONE DISTRICTS
(VEHICLE SALES AND DETAILING), PROVIDED THAT THE PROPERTY IS NOT A LOT IN AN
APPROVED OR RECORDED SUBDIVISION PLAT OR LOTS PARTS OF A MAP OR PLAN FILED
PRIOR TO ADOPTION OF ANY REGULATIONS CONTROLLING SUBDIVISIONS) TO INCLUDE AN
ADDITIONAL BUILDING AND EXPAND THE CURRENT BUSINESS FOR AUTOMOTIVE SERVICE IN
THE A (AGRICULTURAL) ZONE DISTRICT
On parcel(s) of land described as:
PART W2NW4 SECTION 20, T2N, R66W LOT 1 REC EXEMPT RE -1039 OF THE 6TH P.M., WELD
COUNTY, COLORADO.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on September 20, 2016, at
12:30 p.m. A subsequent hearing with the Board of County Commissioners will be held on October 5,
2016 at 10:00 a.m. Both hearings will be held in the Hearing Room, Weld County Administration
Building, 1150 O Street, Greeley, Colorado. It is recommended that you and/or a representative be in
attendance to answer any questions the Planning Commission members or Board of County
Commissioners may have.
Colorado Revised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01-1088) requires notification of
all mineral estate owners 30 days prior to any public hearing. The applicant needs to provide the Weld
County Planning Department with written certification indicating the above requirement has been met.
A representative from the Department of Planning Services will be out to the property a minimum of ten
days prior to the hearing to post a sign adjacent to and visible from a publicly maintained road
right-of-way which identifies the hearing time, date, and location. In the event the property is not
adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent place
on the property and a second sign posted at the point at which the driveway (access drive) intersects a
publicly maintained road right-of-way.
The Department of Planning Services' staff will make a recommendation concerning this application to
the Weld County Planning Commission and will be included in the staff report one week prior to the
scheduled Planning Commission hearing. You may view the staff report at
www.weldcountyplanni ngcases.orq
Page 2 of 2
If you have any questions concerning this matter, please call.
Respectfully,
Digitally signed by Kristine Ranslem
Reason: I am the author of this document
Date: 2016.08.30 14:17:33 -06'00'
Kim Ogle
Planner
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.co.weld.co.us
E-MAIL: kogle@co.weld.co.us
PHONE: (970) 353-6100, Ext. 3549
FAX: (970) 304-6498
July 29, 2016
OWENS TOMM
1813 61ST AVE#200
GREELEY, CO 80634
Subject: MJUSR16-0002 - AN AMENDMENT TO A SITE SPECIFIC DEVELOPMENT PLAN AND USE
BY SPECIAL USE PERMIT NO. USR-1459 (FOR ANY USE PERMITTED AS A USE BY RIGHT, AN
ACCESSORY USE, OR A USE BY SPECIAL REVIEW IN THE COMMERCIAL ZONE DISTRICTS
(VEHICLE SALES, SERVICE, AND DETAILING), PROVIDED THAT THE PROPERTY IS NOT A LOT IN
AN APPROVED OR RECORDED SUBDIVISION PLAT OR LOTS PARTS OF A MAP OR PLAN FILED
PRIOR TO ADOPTION OF ANY REGULATIONS CONTROLLING SUBDIVISIONS) TO INCLUDE AN
ADDITIONAL BUILDING AND EXPAND THE CURRENT BUSINESS FOR AUTOMOTIVE SERVICE IN
THE A (AGRICULTURAL) ZONE DISTRICT
PART W2NW4 SECTION 20, T2N, R66W LOT 1 REC EXEMPT RE -1039 of the 6th P.M., Weld County,
Colorado.
Dear Applicants:
Your application and related materials for the request described above are complete and in order at this
time. I will schedule a meeting with you at the end of the review period to discuss the referral
comments received by our office.
It is the policy of Weld County to refer an application of this nature to any town or municipality lying
within three miles of the property in question or if the property under consideration is located within the
comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of
the submitted materials to the following Planning Departments for their review and comments:
Fort Lupton at Phone Number 303-857-6694
It is recommended that you contact the listed Planning Departments for information regarding their
process and to answer any questions that might arise with respect to your application.
If you have any questions concerning this matter, please call.
Respectfully,
Digitally signed by Kristine Ranslem
Reason: I am the author of this document
Date: 2016.07.29 14:52:58 -06'00'
Kim Ogle
Planner
FIELD CHECK- 1MJUSRI6-04-1459
Inspection Date: September 8, 2016
Applicant: Rhonda and Mike Whistance, T & M Truck & Auto, LLC
Request: An Amendment to a Site Specific Development Plan and Use by Special Review Permit No.
USR-1459 (for any use permitted as a Use By Right, An Accessory Use, or a Use by Special
Review in the Commercial Zone District (Vehicle Sales and Detailing), provided that the
property is not a lot in an approved or recorded Subdivision Plat or lots parts of a map or plan
filed prior to adoption of any regulations controlling subdivisions) to include one additional
commercial building and expand the current business to include automotive service in the A
(Agricultural) Zone District
Legal: Lot 1, Recorded Exemption No. RE -1039 being part of the W2NW4 of Section 20, Township
2 North, Range 66 West of the 6th P.M., Weld County Colorado
Location: South of and adjacent to County Road 20; east of and adjacent to SH 85
Parcel ID #: 1309-20-0-00-041
Acres: 3.01 +/-
Zoning
Land Use
N
AGRICULTURE
N
Cultivated lands with single family residence
E
AGRICULTURE
E
Union Pacific Mainline & Suncor Energy MUSR15-0017
S
INDUSTRIAL 3
S
Oilfield Roust -a -bout, SPR-433
W
AGRICULTURE
W
Hwy 85
Comments:
Lands adjacent to the west include State Highway 85 and a large tract of agricultural land adjacent to the
South Platte river; to the north is also a large tract of agricultural land; to the east is the Union Pacific
Railroad main line track and the Suncor Energy and Pipeline storage tank facility (MUSR15-0017) and to
the south are two roust -a -bout and trucking companies associated with the oilfield. These two
businesses also share a common access off of County Road 20.
The property has a pipe rail fence surrounding the current sales yard and an opaque green metal fence
fronting the two-story brick residence located south of the current shop and sales yard. Access to the
south area is via a graveled road parallel to Hwy 85 and also via an east side access. Currently the
property is used for storage of materials that will be placed inside of the new enclosure.
Overhead lighting is present and a sign is also on premises.
❑ House(s) ❑ Outbuilding(s) o Access to Property
❑ Non-commercial junkyard:
Tires, rims, conex containers — all to be removed with construction of new shop building
o Site Distance
Note any commercial business/commercial vehicles that are operating from the site.
T & M Truck & Auto, LLC
Hello