HomeMy WebLinkAbout20150094.tiff ) 111 k LAND USE APPLICATION
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SUMMARY SHEET
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Planner: Kim Ogle Hearing Date: December 16, 2014
Case Number: USR14-0061
Applicant: Richard Carlson, c/o Cathee Carlson and Rob Sherr
Address: 21450 County Road 10, Hudson, Colorado 80642
Request: A Site Specific Development Plan and Use by Special Review Permit for a use
permitted as a use by right, an accessory use, or a use by special review in the
Commercial or Industrial Zone Districts (Storage of Commercial Materials -- Doors,
Trim, Carpet, Toilets and Cabinets) for Rental Properties in a structure and the parking
and storage of Five (5) Commercial Vehicles provided that the property is not a Lot in
an approved or recorded subdivision plat or lots part of a map or plan filed prior to
adoption of any regulations controlling subdivisions in the A(Agricultural)Zone District.
Legal Lot B of Recorded Exemption No. RE-3228, being pad of the E2 of Section 15, Ti N,
Description: R65W of the 6th P.M., Weld County, CO
Location: South of and adjacent to County Road 10, approximately 0.25 miles west of County
Road 45
Size of Parcel: +/- 64 acres Parcel No. 1473-15-1-00-052
The criteria for review of this Special Review Permit is listed in Section 23-2-220 of the Weld County
Code.
The Department of Planning Services' staff has received referral responses with comments from the
following agencies:
➢ Weld County Zoning Compliance, referral dated September 25, 2014
• Neres Canal (Farmers Reservoir and Irrigation Company), referral dated September 29, 2014
➢ Weld County Department of Building Inspection, referral dated October 8, 2014
➢ State of Colorado, Division of Water Resources, referral dated October 9, 2014
➢ Anadarko E&P Onshore, LLC, referral dated October 14, 2014
• Weld County Department of Public Health and Environment, referral dated October 24, 2014
• Weld County Department of Planning Services- Engineer, referral dated October 28, 2014
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
• Colorado Division of Parks and Wildlife, referral dated September 29, 2014
The Department of Planning Services' staff has not received responses from the following agencies:
➢ Town of Hudson ➢ Platte Valley Soil Conservation District
➢ Weld County Sheriffs Office ➢ Noble Energy, Inc.
➢ Hudson Fire Protection District ➢ Weld School District RE-3J
USR14-0061 RICHARD CARLSON, PAGE 1 of 10
Case Summary:
The applicant, Mr. Richard Carlson, is seeking to bring his property into compliance and correct the
current zoning violation ZCV14-00094 initiated due to the operation of a commercial storage area
related to a rental business without first completing the necessary Weld County Zoning Permits.
If this land use application if approved by the Board of County Commissioners, the Conditions of
Approval met and the USR Map is recorded, this action will correct this outstanding violation. If this
application is denied, all associated storage operations shall be removed from the property within 30
(thirty) days of denial or the violation will proceed in court accordingly.
Mr. Carlson proposes to utilize an existing building for the storage of some materials with the
remaining materials placed in one of the five metal skinned trailers located south of the existing
building and North of the Neres Canal. This area will also have a six foot in height opaque fence to
further mitigate the outdoor storage and parking of his personal vehicles.
DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE
APPROVED FOR THE FOLLOWING REASONS:
1. The submitted materials are in compliance with the application requirements of Section 23-2-260
of the Weld County Code.
2. It is the opinion of the Department of Planning Services' staff that the applicant has shown
compliance with Section 23-2-220 of the Weld County Code as follows:
A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other
applicable code provisions or ordinance in effect.
Section 22-2-20.G - A.Goal 7 states, "County land use regulations should protect the
individual property owner's right to request a land use change." and Section 22-2-20.G.2
- A.Policy 7.2 states, "Conversion of agricultural land to nonurban residential,
commercial, and industrial uses should be accommodated when the subject site is in an
area that can support such development, and should attempt to be compatible with the
region."
The applicant, Mr. Richard Carlson, is proposing to utilize an existing structure and up to
five metal skinned trailers to store materials, equipment and fixtures utilized at and for his
rental properties. The storage will utilize an area 2,600 feet South of County Road 10,
east of the Carlson residence, north of the Neres Canal located in an area screened from
adjacent property owners predominately by the Canal and existing topography. The
application materials state that there will be 1-5 persons delivering or taking away the
goods stored on site. There is an existing non-commercial junkyard on the property
consisting of tires, packaged goods, wood, pipe, white goods, commercial vehicles and
passenger vehicles that may or may not be operational. The application indicates that
these goods will be placed behind the fenced enclosure near the existing shop/storage
building.
The applicant is proposing to construct a six foot in height opaque fence to screen the
materials. The application materials also delineate a wood lot, mature landscaping and
mown and prairie grasses on the property. No additional landscaping is proposed. The
application materials do not show any parking spaces and due to this type of use staff is
not recommending any. The applicant has existing yard lights near the residence located
at the south end of the property.
USR14-0061 RICHARD CARLSON, PAGE 2 of 10
B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the (A)
Agricultural Zone District.
Citing the Weld County Code, Section 23-3-40.S provides for a Site Specific
Development Plan and Special Review Permit for any use permitted as a Use by Right,
an accessory use, or a Use by Special Review in the commercial or industrial zone
districts, 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. PUD development proposals shall not be permitted to use the special
review permit process to develop; the request is for the parking and storage of five (5)
Commercial Vehicles in the A(Agricultural)Zone District.
C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the
existing surrounding land uses.
The adjacent properties are mainly utilized for grazing, limited crop production and rural
residences. County Road 10 borders the site on the north. The properties to the north,
east, south and west are cropland. The closest residence is approximately 775 feet
southwest of the site.
There are two (2) USRs located within one mile of this parcel. SUP-354 for a gravel mine
is west of Interstate 76 and South of County Road 10. USR-538 also for a gravel mine is
located southwest of the site south of and adjacent to County Road 8, east of Interstate
76. The Weld County Department of Planning Services has received two letters from the
surrounding property owners that objects to this USR. In one letter dated October 16,
2014, there were concerns about the non-commercial junkyard and the acquisition of
additional components associated with the non-commercial junkyard and an effective
screening plan to mitigate this eye-sore. In a second letter received October 21, 2014
there were concerns about the non-commercial junkyard. In their case it is also the
single-wide office trailer and the piles of concrete located south of and adjacent to County
Road 10. Both letters cited a substantial non-commercial junkyard that is present on the
Carlson property.
The Conditions of Approval state that a Fence/Screening Plan is required for the outdoor
storage. The construction of the opaque fencing, placement of all storage and non-
commercial junkyard components behind the fenced enclosure or within the trailers and
shop building, along with the Development Standards and the Conditions of Approval for
this proposal will assist in mitigating the impacts of the facility on the adjacent properties
and ensure compatibility with surrounding land uses.
D. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with future
development of the surrounding area as permitted by the existing zoning and with the
future development as projected by Chapter 22 of the Weld County Code and any other
applicable code provisions or ordinances in effect, or the adopted Master Plans of
affected municipalities.
The site is located within the three (3) mile referral area of Town of Hudson. The Town
did not return a referral response indicating a conflict with their interests.
E. Section 23-2-220.A.5 -- The application complies with Chapter 23, Article V, of the Weld
County Code. The existing site is within the County-Wide Road Impact Fee Area and the
Capital Expansion Impact Fee area.
Building Permits issued on the lot will be required to adhere to the fee structure of the
County-Wide Road Impact Fee Program.
USR14-0061 RICHARD CARLSON, PAGE 3 of 10
Building Permits issued on the proposed lot will be required to adhere to the fee structure
of the County Facility Fee and Drainage Impact Fee Programs.
F. Section 23-2-220.A.6 -- The applicant has demonstrated a diligent effort to conserve
prime agricultural land in the locational decision for the proposed use.
The proposed facility is located on approximately 64 acres, with land north of the
residence and site improvements identified as "Prime (Irrigated) lands" and lands with the
improvements located on approximately 10 acres in an area parallel to the canal
identified as "Prime if they become irrigated" per the 1979 Soil Conservation Service
Important Farmlands of Weld County Map. As no development is proposed north of the
residence, no Prime irrigated land will be taken out of 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:
1. Prior to recording the USR map:
A. The applicant shall address the requirements of the Weld County Department of Building
Inspection, as stated in the referral response dated October 8, 2014. Evidence of such
shall be submitted, in writing, to the Weld County Department of Planning Services.
(Department of Building Inspection)
B. The applicant shall address the requirements of the Weld County Department Public Health
and Environment, as stated in the referral response dated October 24, 2014. The applicant
shall specifically provide the following:
1. The applicant shall submit a Dust Abatement Plan, detailing on site dust control
measures, for review and approval, to the Department of Public Health and
Environment.
2. The applicant shall submit written evidence of a commercial well to the Department of
Public Health and Environment.
3. The applicant shall submit evidence of an Air Pollution Emission Notice (A.P.E.N.)
and Emissions Permit application from the Air Pollution Control Division, Colorado
Department of Health and Environment, if applicable. Alternately, the applicant may
provide evidence from the APCD that they are not subject to these requirements.
Evidence of such shall be submitted, in writing, to the Weld County Department Public
Health and Environment. (Department Public Health and Environment)
C. The applicant shall address the requirements of the State of Colorado, Division of Water
Resources, as stated in the referral response dated October 9, 2014. The Division states
the applicant needs to obtain a valid permit for their existing well. If the applicant desires to
use the existing well for commercial purposes in addition to domestic uses, a non-exempt
USR14-0061 RICHARD CARLSON, PAGE 4 of 10
permit will be required. Evidence of such shall be submitted, in writing, to the Weld County
Department of Planning Services. (Division of Water Resources)
D. The applicant shall attempt to address the requirements of Anadarko E&P Onshore, LLC,
as stated in the referral response dated October 14, 2014. (Department of Planning
Services)
E. The applicant shall attempt to address the requirements of the Farmers Reservoir and
Irrigation Company, as stated in the referral response dated September 29, 2014. Evidence
of such shall be submitted, in writing, to the Weld County Department of Planning Services
(FRICO)
F. The applicant shall provide evidence to the Department of Planning Services that all
noncommercial junkyard items located on the property are screened from all adjacent
properties and public rights-of-way, or have been removed from the property. (Department
of Planning Services)
G. The applicant shall submit a Screening Plan to the Department of Planning Services for
review and approval. All storage areas shall be screened from adjacent properties and
public rights of way. (Department of Planning Services)
H. County Road 10 has been annexed by the Town Hudson. Access and right-of-way
requirements will be determined by the Town. (Department of Planning Services —
Engineer)
I. The USR map shall be amended to delineate the following:
1. All sheets of the map shall be labeled USR14-0061 (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 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 approved Fence/Screening Plan. (Department of Planning Services)
6. Label the approved Town of Hudson accesses on the plat with access permit number
if applicable. (Department of Planning Services- Engineer)
7. The applicant shall label the CR10 right of way on the map. (Department of Planning
Services - Engineer)
8. The applicant shall label the approved water quality feature on the plat as "Water
Quality Feature, No Build/Storage Area". Show drainage flow arrows. (Department of
Planning Services- Engineer)
2. Upon completion of Condition of Approval #1 above, the applicant shall submit onee (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
USR14-0061 RICHARD CARLSON, PAGE 5 of 10
of the Weld County Code. The Mylar map and additional requirements shall be submitted within
one hundred twenty (120) days from the date of the Board of County Commissioners Resolution.
The applicant shall be responsible for paying the recording fee. (Department of Planning
Services)
3. In accordance with Weld County Code Ordinance #2012-3, approved April 30, 2012, should the
map not be recorded within the required one hundred twenty (120) days from the date of the
Board of County Commissioners Resolution, a $50.00 recording continuance charge shall added
for each additional three (3) month period. (Department of Planning Services)
4. The Department of Planning Services respectfully requests a digital copy of this Use by Special
Review, as appropriate. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation);
acceptable GIS formats are ArcView shapefiles or ArcGIS Personal GeoDataBase (MDB).. The
preferred format for Images is .tif (Group 4). (Group 6 is not acceptable). This digital file may be
sent to maps@co.weld.co.us. (Department of Planning Services)
5. The Use by Special Review activity shall not occur, nor shall any building or electrical permits be
issued on the property, until the Use by Special Review map is ready to be recorded in the office
of the Weld County Clerk and Recorder or the applicant has been approved for an early release
agreement. (Department of Planning Services)
USR14-0061 RICHARD CARLSON, PAGE 6 of 10
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
RICHARD CARLSON
USR14-0061
1. A Site Specific Development Plan and Use by Special Review Permit, USR14-0061, for a use
permitted as a use by right, an accessory use, or a use by special review in the Commercial or
Industrial Zone Districts (Storage of Commercial Materials -- Doors, Trim, Carpet, Toilets and
Cabinets) for Rental Properties in a structure and the parking and storage of Five (5) Commercial
Vehicles provided that the property is not a Lot in an approved or recorded subdivision plat or lots
part of a map or plan filed prior to adoption of any regulations controlling subdivisions in the A
(Agricultural) Zone District, subject to the Development Standards stated hereon. (Department of
Planning Services)
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld
County Code. (Department of Planning Services)
3. The number of on-site employees shall be commensurate with the number of persons which the
septic system may accommodate in accordance with the requirements of the Weld County Code,
pertaining to Onsite Waste Treatment Systems (O.W.T.S.) Regulations. (Department of Planning
Services)
4. The hours of operation are 8:00 a.m. - 8:00 p.m. Monday — Sunday, as stated by the applicant(s).
(Department of Planning Services)
5. The screening on the site shall be maintained in accordance with the approved Screening Plan.
(Department of Planning Services)
6. 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)
7. 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)
8. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust,
fugitive particulate emissions, blowing debris, and other potential nuisance conditions. The applicant
shall operate in accordance with the approved Waste Handling Plan, at all times. (Department of
Public Health and Environment)
9. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The facility shall be
operated in accordance with the approved Dust Abatement Plan, at all times. (Department of Public
Health and Environment)
10. This facility shall adhere to the maximum permissible noise levels allowed in the Non-Specified Zone
as delineated in Section 14-9-30 of the Weld County Code. (Department of Public Health and
Environment)
11. All potentially hazardous chemicals must be handled in a safe manner, in accordance with product
labeling, and in a manner that minimizes the release of hazardous air pollutants (HAP's) and volatile
organic compounds (VOC's). All chemicals must be stored secure, on an impervious surface, and in
accordance with manufacturer's recommendations. (Department of Public Health and Environment)
USR14-0061 RICHARD CARLSON, PAGE 7 of 10
12. The facility shall comply with Regulation No. 9, Open Burning, Prescribed Fire, and Permitting (5
CCR 1001-11) of the Colorado Air Quality Control Commission. Only clean, untreated wood and
untreated wood products may be burned. (Department of Public Health and Environment)
13. 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)
14. Adequate drinking, hand washing and toilet facilities shall be provided for employees and patrons of
the facility, at all times. (Department of Public Health and Environment)
15. Sewage disposal for the facility shall be by septic system. Any septic system located on the property
must comply with all provisions of the Weld County Code, pertaining to On-site Wastewater
Treatment Systems. (Department of Public Health and Environment)
16. In the event the existing septic system is utilized for business use, the septic system shall be
reviewed by a Colorado registered professional engineer if the usage surpasses septic permit G-
19870239 sizing limitations. The review shall consist of observation of the system and a technical
review describing the system's ability to handle the proposed hydraulic load. The review shall be
submitted to the Environmental Health Services Division of the Weld County Department of Public
Health and Environment. In the event the system is found to be inadequately sized or constructed,
the system shall be brought into compliance with current regulations. (Department of Public Health
and Environment)
17. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
(Department of Public Health and Environment)
18. The operation shall comply with all applicable rules and regulations of State and Federal agencies
and the Weld County Code. (Departments of Planning Services, Public Health and Environment and
Building Inspection)
19. Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties
where such would cause a nuisance or interfere with the use on the adjacent properties in
accordance with the plan. Neither the direct, nor reflected, light from any light source may create a
traffic hazard to operators of motor vehicles on public or private streets. No colored lights may be
used which may be confused with, or construed as, traffic control devices. (Department of Planning
Services)
20. Should noxious weeds exist on the property, or become established as a result of the proposed
development, the applicant/landowner shall be responsible for controlling the noxious weeds,
pursuant to Chapter 15, Articles I and II, of the Weld County Code. (Department of Planning Services
- Engineer)
21. The historical flow patterns and runoff amounts will be maintained on the site. (Department of
Planning Services - Engineer)
22. Weld County is not responsible for the maintenance of onsite drainage related features. (Department
of Planning Services - Engineer)
23. There shall be no parking or staging of vehicles on County roads. On-site parking shall be utilized.
(Department of Planning Services - Engineer)
24. A Building permit may be required, per Section 29-3-10 of the Weld County Code. Currently the
following has been adopted by Weld County: 2012 International Codes; 2006 International Energy
Code; 2011 National Electrical Code; A building permit application must be completed and two
complete sets of engineered plans bearing the wet stamp of a Colorado registered architect or
engineer must be submitted for review. A geotechnical engineering report performed by a registered
USR14-0061 RICHARD CARLSON, PAGE 8 of 10
State of Colorado engineer shall be required or an open hole inspection. (Department of Building
Inspection)
25. 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.
26. 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.
27. 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.
28. WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive agricultural counties
in the United States, typically ranking in the top ten counties in the country in total market value of
agricultural products sold. The rural areas of Weld County may be open and spacious, but they are
intensively used for agriculture. Persons moving into a rural area must recognize and accept there
are drawbacks, including conflicts with long-standing agricultural practices and a lower level of
services than in town. Along with the drawbacks come the incentives which attract urban dwellers to
relocate to rural areas: open views, spaciousness, wildlife, lack of city noise and congestion, and the
rural atmosphere and way of life. Without neighboring farms, those features which attract urban
dwellers to rural Weld County would quickly be gone forever.
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area. Well-run agricultural
activities will generate off-site impacts, including noise from tractors and equipment; slow-moving
farm vehicles on rural roads; dust from animal pens, field work, harvest and gravel roads; odor from
animal confinement, silage and manure; smoke from ditch burning; flies and mosquitoes; hunting and
trapping activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and
fertilizers in the fields, including the use of aerial spraying. It is common practice for agricultural
producers to utilize an accumulation of agricultural machinery and supplies to assist in their
agricultural operations. A concentration of miscellaneous agricultural materials often produces a
visual disparity between rural and urban areas of the County. Section 35-3.5-102, C.R.S., provides
that an agricultural operation shall not be found to be a public or private nuisance if the agricultural
operation alleged to be a nuisance employs methods or practices that are commonly or reasonably
associated with agricultural production.
Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to
assume that ditches and reservoirs may simply be moved "out of the way" of residential development.
When moving to the County, property owners and residents must realize they cannot take water from
irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water.
Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice
the size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of
state and county roads outside of municipalities. The sheer magnitude of the area to be served
stretches available resources. Law enforcement is based on responses to complaints more than on
patrols of the County, and the distances which must be traveled may delay all emergency responses,
including law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who
must leave their jobs and families to respond to emergencies. County gravel roads, no matter how
often they are bladed, will not provide the same kind of surface expected from a paved road. Snow
removal priorities mean that roads from subdivisions to arterials may not be cleared for several days
USR14-0061 RICHARD CARLSON, PAGE 9 of 10
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 safety, but also for the protection of the farmer's livelihood.
USR14-0061 RICHARD CARLSON, PAGE 10 of 10
H N DEPARTMENT OF PLANNING SERVICES
a $6i 1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.co.weld.co.us
E-MAIL: kogle@co.weld.co.us
�f PHONE: (970) 353-6100, Ext. 3549
p ` - i FAX: (970)304-6498
r �
November 24, 2014
CARLSON CATHEE
1523 SUNSET RIDGE ROAD
ARVADA, CO 80126
Subject: USR14-0061 - A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A USE PERMITTED AS A USE BY RIGHT, AN ACCESSORY USE, OR A USE BY
SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS (STORAGE OF
COMMERCIAL MATERIALS (DOORS, TRIM, CARPET, TOILETS AND CABINETS FOR RENTAL
PROPERTIES IN A STRUCTURE AND THE PARKING AND STORAGE OF FIVE (5) COMMERCIAL
VEHICLES AND A NON-COMMERCIAL JUNKYARD) PROVIDED THAT THE PROPERTY IS NOT A
LOT IN AN APPROVED OR RECORDED SUBDIVISION PLAT OR LOTS PART OF A MAP OR PLAN
FILED PRIOR TO ADOPTION OF ANY REGULATIONS CONTROLLING SUBDIVISIONS IN THE A
(AGRICULTURAL)ZONE DISTRICT.
On parcel(s)of land described as:
PT E2 SECTION 15, T1 N, R65W LOT B REC EXEMPT RE-3228 OF THE 6TH P.M., WELD COUNTY,
COLORADO.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on December 16, 2014, at 1:30
p.m. A subsequent hearing with the Board of County Commissioners will be held on January 14, 2015
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.weldcountyplanningcases.orq
Page 2 of 2
If you have any questions concerning this matter, please call.
Respectfully,
Digitally signed bya Kristine Ranslem
f�ason:lam the authorofthisdocument
Date:2014.11.24 08:30:45-0700'
Kim Ogle
Planner
N DEPARTMENT OF PLANNING SERVICES
"••••• Lia ti 1555 N 17th AVE
j ' r ^ GREELEY, CO 80631
WEBSITE: www.co.weld.co.us
� E-MAIL: kogle@co.weld.cc.us
iri_ i !. PHONE: (970)353-6100, Ext. 3549
C N, ' Y / FAX: (970)304-6498
September 25, 2014
CARLSON CATHEE
1523 SUNSET RIDGE ROAD
ARVADA, CO 80126
Subject: USR14-0061 - A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A USE PERMITTED AS A USE BY RIGHT, AN ACCESSORY USE, OR A USE BY
SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS (STORAGE OF
COMMERCIAL MATERIALS (DOORS, TRIM, CARPET, TOILETS AND CABINETS FOR RENTAL
PROPERTIES IN A STRUCTURE AND THE PARKING AND STORAGE OF FIVE (5) COMMERCIAL
VEHICLES AND A NON-COMMERCIAL JUNKYARD) PROVIDED THAT THE PROPERTY IS NOT A
LOT IN AN APPROVED OR RECORDED SUBDIVISION PLAT OR LOTS PART OF A MAP OR PLAN
FILED PRIOR TO ADOPTION OF ANY REGULATIONS CONTROLLING SUBDIVISIONS IN THE A
(AGRICULTURAL)ZONE DISTRICT.
On parcel(s)of land described as:
PT E2 SECTION 15, T1N, R65W; LOT B REC EXEMPT RE-3228 of the 6th P.M., Weld County,
Colorado.
Dear Applicants:
Your application and related materials for the request described above are complete and in order at this
time. I will schedule a meeting with you at the end of the review period to discuss the referral
comments received by our office.
It is the policy of Weld County to refer an application of this nature to any town or municipality lying
within three miles of the property in question or if the property under consideration is located within the
comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of
the submitted materials to the following Planning Commission(s)for their review and comments:
Hudson at Phone Number 303-536-9311
Please call the listed Planning Commissions, for information regarding the date, time and place of the
meeting and the review process. It is recommended that you and/or a representative be in attendance at
each of the meetings described above in order to answer any questions that might arise with respect to
your application.
If you have any questions concerning this matter, please call.
Respectfully,
I Digitally signed by Kristine Random
',,,"t)v4/'-' lesson:l am the author of this document
Date:2014.09.25 07:30:51-06'00'
Kim Ogle
Planner
FIELD CHECK Inspection Date: December 4, 2014
Case Number: USR14-0061
Applicant: Richard Carlson, c/o Cathee Carlson and Rob Sherr
Request: Use by Special Review Permit for Storage of Commercial Materials --
Doors, Trim, Carpet, Toilets and Cabinets for Rental Properties in a
structure and the parking and storage of Five (5) Commercial Vehicles
Location: South of and adjacent to County Road 10, approximately 0.25 miles west of
County Road 45
Zoning Land Use
N TOWN OF HUDSON N RURAL RESIDENTIAL -AGRICULTURE
E AGRICULTURE E RURAL RESIDENTIAL -AGRICULTURE
S AGRICULTURE S RURAL RESIDENTIAL -AGRICULTURE
W AGRICULTURE W RURAL RESIDENTIAL -AGRICULTURE
Comments:
The Carlson property lies on a rise to the south of the County road. The access drive is graveled and
graded and runs from the northwest corner of the property to the middle of the site. At the southernmost
area of the property is a planted tree farm of mixed species. Surrounding the residence are mature
deciduous trees and a landscaped yard. The driveway circles the residence. South of the residence and
outbuilding is the FRICO ditch.
The property is utilized as outdoor storage for commercial materials associated with rental properties that
he manages, Present on the day of the site visit were chairs, refrigerators, stoves, sinks, toilets placed in
a random order about the property. Storage also occurs within a metal skinned building located east of
the residence.
Also present are components of a non-commercial junkyard including tires, scrap, obsolete metals,
vehicles, pallets, metal drums and similar items. These items are interspersed with the commercial
materials near the residence and strew across the field to the east of the residence. In addition to these
objects, there is a large pile of broken concrete near the access road onto CR 10 and there is also one
single wide office trailer abandoned off of the road on Mr. Carlson's property.
Adjacent properties are typically large tracts of land with rural residences. Most parcels appear to be
actively farmed. County road 10 is a dead end road with limited traffic.
Signature
❑ House ❑ Derelict Vehicles
❑ Outbuilding ❑ Non-commercial junkyard (list components)
❑ Access to Property ❑ Water Bodies
❑ Ditch ❑ Topography
Note any commercial business/commercial vehicles that are operating from the site—Current Violation
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