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Home My WebLink About20151865.tiff ri LAND USE APPLICATION r r SUMMARY SHEET Planner: Kim Ogle Hearing Date: June 16, 2015 Cont'd: April 7, 2015 Case Number: USR14-0068 Applicant: LaSalle Rental Property One, LLC, do Herschel E. Holloway do Sheri Lockman, Lockman Land Consulting, LLC Request: A Site Specific Development Plan and Use by Special Use 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 (Trucking and Truck Repair Shop along with Outside Equipment, Vehicle Storage and Staging; and storage of materials associated with the construction business), provided that the property is not a lot in an approved or recorded subdivision map or lots parts of a map or plan filed prior to adoption of any regulations controlling subdivisions, and Mineral Resource Development Facilities including Oil and Gas Support and Service (Storage of clean empty Frac Tanks) in the A (Agricultural) Zone District Legal Lot C of RECX15-0065 being part of the S2 SW4 of Section 5, T4N, R65W part of the Description: NW4 of Section 8, T4N, R65W of the 6th P.M., Weld County, CO Location: East of and adjacent to County Road 39, approximately one (1) mile South of County Road 50 Size of Parcel: +/- 7 acres Parcel No. 1055-08-2-00-026 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 January 13, 2015 ▪ Central Weld County Water District, referral dated January 13, 2015 • Weld County Public Works—Access, referral dated January 20, 2015 • Town of LaSalle, referral dated January 27, 2015 • Western Mutual Ditch Company, referral dated February 2, 2015 • Weld County Department of Planning Services- Engineer, referral dated February 9, 2015 • Weld County Department of Public Health and Environment, referral dated February 10, 2015 The Department of Planning Services' staff has received referral responses without comments from the following agencies: • Weld County Sherriff's Office, referral dated January 20, 2015 • West Greeley Soil Conservation District, referral dated February 9, 2015 The Department of Planning Services' staff has not received responses from the following agencies: ➢ Weld County School District RE-1 ➢ Colorado Division of Parks and Wildlife ➢ Weld County Building Inspection ➢ City of Evans Planning ➢ LaSalle Fire Protection District ➢ CO Department of Labor& Employment USR14-0068 LASALLE RENTAL PROPERTY ONE, LLC, Page 1 of 10 SPECIAL REVIEW PERMIT ADMINISTRATIVE REVIEW 9 N -t- Planner: Kim Ogle Hearing Date: June 16, 2015 Cont'd: April 7, 2015 Case Number: USR14-0068 Applicant: LaSalle Rental Property One, LLC, do Herschel Holloway do Sheri Lockman, Lockman Land Consulting, LLC Request: A Site Specific Development Plan and Use by Special Use 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 (Trucking and Truck Repair Shop along with Outside Equipment, Vehicle Storage and Staging; and storage of materials associated with the construction business), provided that the property is not a lot in an approved or recorded subdivision map or lots parts of a map or plan filed prior to adoption of any regulations controlling subdivisions, and Mineral Resource Development Facilities including Oil and Gas Support and Service (Storage of clean empty Frac Tanks) in the A(Agricultural)Zone District Legal Lot C of RECX15-0065 being part of the S2 SW4 of Section 5, T4N, R65W part of the Description: NW4 of Section 8, T4N, R65W of the 6th P.M., Weld County, CO Location: East of and adjacent to County Road 39, approximately one (1) mile South of County Road 50 Size of Parcel: +/- 7 acres Parcel No. 1055-08-2-00-026 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 23-2-220.A.1. A.Policy 7.1. states "County land use regulations should support commercial and industrial uses that are directly related to, or dependent upon, agriculture, to locate within the agricultural areas, when the impact to surrounding properties is minimal, or can be mitigated, and where adequate services are currently available or reasonably obtainable." The Trucking Company base of operations, trucking and truck repair shop along with Storage of clean empty Frac Tanks will be screened from adjacent property and public rights-of-way by an opaque fence. USR14-0068 LASALLE RENTAL PROPERTY ONE, LLC, Page 2 of 10 B. Section 22-2-100.E. C.Goal 5. States "Minimize the incompatibilities that occur between commercial uses and surrounding properties." The facility is a located on a 4.92 gross acre parcel defined by the Western Mutual Ditch to the west and adjacent agriculture land to the north, east and south. The existing 40 foot by 60 foot shop is located near the middle of the site and will be used for storage of equipment and materials and for maintenance of equipment and vehicles. The proposal also identifies outside parking of frac tanks and trailers, stockpiles of construction materials, including soil and employee vehicles; all areas will be required to be screened from adjacent property and public rights-of-way. Planning staff will be requiring a Screening Plan to screen outdoor storage/staging of vehicles, a parking plan to address parking location on the property to mitigate the impacts of noise, exhaust onto neighboring properties, a site circulation plan, including evidence that two way traffic is possible at the bridge crossing the Western Mutual Ditch and Development Standard No.18 addresses sources of lighting on site oriented downward and away from neighboring properties. 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 lists any use permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the Commercial or Industrial Zone Districts (Trucking and Truck Repair Shop along with Outside Equipment, Vehicle Storage and Staging; and storage of materials associated with the construction business) provided that the property is not a Lot in an approved or recorded subdivision map or lots parts of a map or plan filed prior to adoption of any regulations controlling subdivisions, and Section 23-3-40.A.2 of the Weld County Code provides for Mineral Resource Development Facilities, Oil and Gas Support and Service. (storage of clean empty Frac Tanks) as a Use by Special Review 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 surrounding properties are generally large parcel agricultural lots with single family residences. To the north, east and south are large agricultural parcels and to the west are several recorded exemption parcels with improvements. There are three property owners on seven parcels within five hundred feet of this proposed facility. Approximately 295 feet from the west property line, there are two properties with residential improvements, and approximately 385 feet from the north property line is a property with residential improvements. Staff did not directly receive received correspondence or inquiries from interested persons or adjacent landowners, however, the Director of Planning Services corresponded with an adjacent property owner who indicated the trucking operation across the road from their residence operated 24 hours a day, seven days a week without an approved land use permit. 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 the City of Evans and the Town of LaSalle. The City of Evans did not return a referral response and the Town of LaSalle in their referral dated January 27, 2015 requested that the trucks associated with this business not utilize Main Street and First Avenue within the Town's Corporate Limits. E. Section 23-2-220.A.5 -- The application complies with Chapter 23, Article V, of the Weld County Code. The existing site is not located within the Floodplain, Airport or Geologic hazard areas. The property is located within the County-Wide Road Impact Fee Area and the Capital Expansion Impact Fee area. USR14-0068 LASALLE RENTAL PROPERTY ONE, LLC, Page 3 of 10 Building Permits issued on the lot will be required to adhere to the fee structure of the County-Wide Road Impact Fee Program. Building Permits issued on the proposed lot will be required to adhere to the fee structure of the County Facility Fee and Drainage Impact Fee Programs. F. Section 23-2-220.A.6 -- The applicant has demonstrated a diligent effort to conserve prime agricultural land in the locational decision for the proposed use. The proposed facility is located on approximately 7 acres designated "Prime" per the 1979 Soil Conservation Service Important Farmlands of Weld County Map. The parcel is encumbered by the Western Mutual Ditch to the west and north and County Road 39, a collector roadway. The oddly shaped parcel created by Recorded Exemption would not be conducive to agricultural practices and there is no irrigation water associated with this property. 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 Map shall be amended to delineate the following: 1. All sheets of the USR Map shall be labeled USR14-0068. (Department of Planning Services) 2. The USR Map shall be prepared per Section 23-2-260.D of the Weld County Code. (Department of Planning Services) 3. The attached Development Standards. (Department of Planning Services) 4. County Road 39 is designated on the Weld County Road Classification Plan as a collector road, which requires 80 feet of right-of-way at full build out. The applicant shall delineate on the map the future and existing right-of-way. If the existing right-of-way cannot be verified, it shall be dedicated. All setbacks shall be measured from the edge of future right-of-way. This road is maintained by Weld County. (Department of Planning Services- Engineer) 5. Show and label the approved access(es) and the permit number (AP15-00213). (Department of Public Works-Access) 6. Show and label standard tracking control onto publically maintained roadways on the map. Standard tracking control for accesses onto paved roads includes either 300 feet of pavement onsite or 100 feet of pavement plus double cattle guards. (Department of Planning Services— Engineer) USR14-0068 LASALLE RENTAL PROPERTY ONE, LLC, Page 4 of 10 7. Show the accepted thirty (30) foot wide joint access and utility easement extending across Lot A of RECX-0063 and the Western Mutual Ditch for the benefit of Lot B of RECX15-0063; for the benefit of Lot C and Lot D of RECX15- 0064, and Lot D of RECX15-0065, and for the benefit of oil and gas producers. (Department of Planning Services) 8. Show the accepted water quality feature on the map and label as (Water Quality Feature, No-Build or Storage Area), as well as the design volume. (Department of Planning Services— Engineer) 9. Show and label the drainage flow arrows, types and locations of driving surfaces, and turning radii. (Department of Planning Services— Engineer) 10. Show and label the access gate to the property. The gate (if applicable) must be set back a minimum of 75 feet from future right-of-way to allow a truck and trailer to pull completely off of the roadway and open the gate. (Department of Planning Services—Engineer) 11. Show the circulation patterns, including turning movements demonstrating that truck and trailers and frac tanker trucks are able to maneuver successfully on site and at the point of ingress and egress. (Department of Planning Services) 12. Show the on-site parking areas, include the dimensions of the drives and delineate the parking spaces. (Department of Planning Services) 13. Delineate the opaque fencing on site to address the parking and storage areas associated with the facility. Section 23-2-25O.A.4.a of the Weld County Code states areas shall be screened from adjacent properties and public rights of way. (Department of Planning Services) 14. Show the facility sign on the USR map. Signs shall be in compliance with Chapter 23, Article IV, Division II and Appendices 23-C, 23-D and 23-E of the Weld County Code. (Department of Planning Services) B. The applicant shall address the requirements (concerns) of the Town of LaSalle, specific to truck traffic through Town, as stated in the referral response dated January 27, 2015. Evidence of such shall be submitted, in writing, to the Weld County Department of Planning Services. (Department of Planning Services) C. An Improvements and Road Maintenance Agreement is required for offsite improvements at this site. Road maintenance including dust control, damage repair, specified haul routes and future triggers for improvements will be included. Written evidence of such shall be submitted to the Weld County Department of Planning Services. (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 23-2-26O.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) USR14-0068 LASALLE RENTAL PROPERTY ONE, LLC, Page 5 of 10 3. In accordance with Weld County Code Ordinance #2012-3, approved April 30, 2012, should the map not be recorded within the required one hundred twenty (120) days from the date of the Board of County Commissioners Resolution, a $50.00 recording continuance charge shall added for each additional three (3) month period. (Department of Planning Services) 4. The Department of Planning Services respectfully requests a digital copy of this Use by Special Review, as appropriate. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles or ArcGIS Personal GeoDataBase (MDB). The preferred format for Images is .tif (Group 4). (Group 6 is not acceptable). This digital file may be senttomaps@co.weld.co.us. (Department of Planning Services) 5. Prior to Construction: A. If more than 1 acre is to be disturbed, a Weld County grading permit will be required prior to the start of construction. Contact the Planning Department for application information. (Department of Planning Services- Engineer) B. A change of use building permit will be required the Ag-exempt structure to a commercial structure that is used for the business. Handicap accessible bathrooms are required for all patrons and guest for the business. (Department of Building Inspection) C. Buildings and structures shall conform to the requirements of the various codes adopted at the time of permit application. Currently the following has been adopted by Weld County: 2012 International Building Code; 2012 International Mechanical Code; 2012 International Plumbing Code; 2012 International Fuel Gas Code; 2006 International Energy Code; 2014 National Electrical Code; 2009 ANSI 117.1 Accessibility Code and Chapter 29 of the Weld County Code. (Department of Building Inspection) 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 of the Weld County Clerk and Recorder or the applicant has been approved for an early release agreement. (Department of Planning Services) USR14-0068 LASALLE RENTAL PROPERTY ONE, LLC, Page 6 of 10 SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS LaSalle Rental Property One LLC USR14.0068 1. A Site Specific Development Plan and Use by Special Use Permit, USR14-0068, 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 (Trucking and Truck Repair Shop along with Outside Equipment, Vehicle Storage and Staging; and storage of materials associated with the construction business), provided that the property is not a lot in an approved or recorded subdivision map or lots parts of a map or plan filed prior to adoption of any regulations controlling subdivisions, and Mineral Resource Development Facilities including Oil and Gas Support and Service (Storage of clean empty Frac Tanks) 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 twenty-four (24) hours a day, seven (7) days a week, as stated by the applicant(s). (Department of Planning Services) 4. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S.) shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. (Department of Public Health and Environment) 5. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S. (Department of Public Health and Environment) 6. 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 accepted Waste Handling Plan. The applicant shall operate in accordance with Chapter 14, Article 1 of the Weld County Code. (Department of Public Health and Environment) 7. Fugitive dust should attempt to be confined on the property. Uses on the property should comply with the Colorado Air Quality Commission's air quality regulations. (Department of Public Health and Environment) 8. 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) 9. Sewage disposal 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) 10. Adequate drinking, hand washing and toilet facilities shall be provided for employees and patrons of the facility, at all times. A permanent, adequate water supply shall be provided for drinking and sanitary purposes. (Department of Public Health and Environment) 11. 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) USR14-0068 LASALLE RENTAL PROPERTY ONE, LLC, Page 7 of 10 12. Process wastewater (such as floor drain wastes) shall be captured in a watertight vault and hauled off for proper disposal. Records of installation, maintenance, and proper disposal shall be retained. (Department of Public Health and Environment) 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. The applicant shall comply with all provisions of the State Underground and Above Ground Storage Tank Regulations. (Department of Public Health and Environment) 15. Only empty, decontaminated frac tanks shall be stored onsite. (Department of Public Health and Environment) 16. The applicant shall remove, handle, and stockpile fill dirt in a manner that will prevent nuisance conditions. (Department of Public Health and Environment) 17. 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) 18. 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) 19. The screening, circulation and parking on the site shall be maintained. (Department of Planning Services) 20. Signs shall be in compliance with Chapter 23, Article IV, Division II and Appendices 23-C, 23-D and 23-E of the Weld County Code. (Department of Planning Services) 21. 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) 22. The historical flow patterns and runoff amounts will be maintained on the site. (Department of Planning Services- Engineer) 23. Weld County is not responsible for the maintenance of onsite drainage related features. (Department of Planning Services - Engineer) 24. There shall be no parking or staging of vehicles on County roads. On-site parking shall be utilized. (Department of Planning Services - Engineer) 25. 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 2011 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) 26. The property owner or operator shall be responsible for complying with the Design and Operation Standards of Chapter 23 of the Weld County Code. USR14-0068 LASALLE RENTAL PROPERTY ONE, LLC, Page 8 of 10 27. 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. 28. 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. 29. 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. 30. WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive agricultural counties in the United States, typically ranking in the top ten counties in the country in total market value of agricultural products sold. The rural areas of Weld County may be open and spacious, but they are intensively used for agriculture. Persons moving into a rural area must recognize and accept there are drawbacks, including conflicts with long-standing agricultural practices and a lower level of services than in town. Along with the drawbacks come the incentives which attract urban dwellers to relocate to rural areas: open views, spaciousness, wildlife, lack of city noise and congestion, and the rural atmosphere and way of life. Without neighboring farms, those features which attract urban dwellers to rural Weld County would quickly be gone forever. Agricultural users of the land should not be expected to change their long-established agricultural practices to accommodate the intrusions of urban users into a rural area. Well-run agricultural activities will generate off-site impacts, including noise from tractors and equipment; slow-moving farm vehicles on rural roads; dust from animal pens, field work, harvest and gravel roads; odor from animal confinement, silage and manure; smoke from ditch burning; flies and mosquitoes; hunting and trapping activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and fertilizers in the fields, including the use of aerial spraying. It is common practice for agricultural producers to utilize an accumulation of agricultural machinery and supplies to assist in their agricultural operations. A concentration of miscellaneous agricultural materials often produces a visual disparity between rural and urban areas of the County. Section 35-3.5-102, C.R.S., provides that an agricultural operation shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that are commonly or reasonably associated with agricultural production. Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to assume that ditches and reservoirs may simply be moved "out of the way" of residential development. When moving to the County, property owners and residents must realize they cannot take water from irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water. Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice the size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of state and county roads outside of municipalities. The sheer magnitude of the area to be served stretches available resources. Law enforcement is based on responses to complaints more than on patrols of the County, and the distances which must be traveled may delay all emergency responses, including law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must leave their jobs and families to respond to emergencies. County gravel roads, no matter how often they are bladed, will not provide the same kind of surface expected from a paved road. Snow removal priorities mean that roads from subdivisions to arterials may not be cleared for several days after a major snowstorm. Services in rural areas, in many cases, will not be equivalent to municipal services. Rural dwellers must, by necessity, be more self-sufficient than urban dwellers. USR14-0068 LASALLE RENTAL PROPERTY ONE, LLC, Page 9 of 10 People are exposed to different hazards in the County than in an urban or suburban setting. Farm equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center pivot operations, high speed traffic, sandburs, puncture vines, territorial farm dogs and livestock, and open burning present real threats. Controlling children's activities is important, not only for their safety, but also for the protection of the farmer's livelihood. USR14-0068 LASALLE RENTAL PROPERTY ONE, LLC, Page 10 of 10 ri LAND USE APPLICATION r r SUMMARY SHEET Planner: Kim Ogle Hearing Date: April 7, 2015 Case Number: USR14-0068 Applicant: LaSalle Rental Property One, LLC, do Herschel E. Holloway do Sheri Lockman, Lockman Land Consulting, LLC Request: A Site Specific Development Plan and Use by Special Use 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 (Trucking and Truck Repair Shop along with Outside Equipment, Vehicle Storage and Staging; and storage of materials associated with the construction business), provided that the property is not a lot in an approved or recorded subdivision map or lots parts of a map or plan filed prior to adoption of any regulations controlling subdivisions, and Mineral Resource Development Facilities including Oil and Gas Support and Service (Storage of clean empty Frac Tanks) in the A (Agricultural) Zone District Legal Lot C of RECX14-0016 being part of the NW4 of Section 8, T4N, R65W of the 6th P.M., Description: Weld County, CO Location: East of and adjacent to County Road 39, approximately one (1) mile South of County Road 50 Size of Parcel: +1- 4.92 acres Parcel No. 1055-08-2-00-026 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 January 13, 2015 ▪ Central Weld County Water District, referral dated January 13, 2015 • Weld County Public Works—Access, referral dated January 20, 2015 • Town of LaSalle, referral dated January 27, 2015 • Western Mutual Ditch Company, referral dated February 2, 2015 • Weld County Department of Planning Services- Engineer, referral dated February 9, 2015 • Weld County Department of Public Health and Environment, referral dated February 10, 2015 The Department of Planning Services' staff has received referral responses without comments from the following agencies: ➢ Weld County Sherriff's Office, referral dated January 20, 2015 ➢ West Greeley Soil Conservation District, referral dated February 9, 2015 The Department of Planning Services' staff has not received responses from the following agencies: ➢ Weld County School District RE-1 ➢ Colorado Division of Parks and Wildlife ➢ Weld County Building Inspection ➢ City of Evans Planning ➢ LaSalle Fire Protection District ➢ Colorado Department of Labor& Employment USR14-0068 LASALLE RENTAL PROPERTY ONE, LLC, Page 1 of 10 SPECIAL REVIEW PERMIT ADMINISTRATIVE REVIEW 9 N -t- Planner: Kim Ogle Hearing Date: April 7, 2015 Case Number: USR14-0068 Applicant: LaSalle Rental Property One, LLC, do Herschel Holloway do Sheri Lockman, Lockman Land Consulting, LLC Request: A Site Specific Development Plan and Use by Special Use 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 (Trucking and Truck Repair Shop along with Outside Equipment, Vehicle Storage and Staging; and storage of materials associated with the construction business), provided that the property is not a lot in an approved or recorded subdivision map or lots parts of a map or plan filed prior to adoption of any regulations controlling subdivisions, and Mineral Resource Development Facilities including Oil and Gas Support and Service (Storage of clean empty Frac Tanks) in the A(Agricultural)Zone District Legal Lot C of RECX14-0016 being part of the NW4 of Section 8, T4N, R65W of the 6th P.M., Description: Weld County, CO Location: East of and adjacent to County Road 39, approximately one (1) mile South of County Road 50 Size of Parcel: +/- 4.92 acres Parcel No. 1055-08-2-00-026 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 23-2-220.A.1. A.Policy 7.1. states "County land use regulations should support commercial and industrial uses that are directly related to, or dependent upon, agriculture, to locate within the agricultural areas, when the impact to surrounding properties is minimal, or can be mitigated, and where adequate services are currently available or reasonably obtainable." The Trucking Company base of operations, trucking and truck repair shop along with Storage of clean empty Frac Tanks will be screened from adjacent property and public rights-of-way by an opaque fence. USR14-0068 LASALLE RENTAL PROPERTY ONE, LLC, Page 2 of 10 B. Section 22-2-100.E. C.Goal 5. States "Minimize the incompatibilities that occur between commercial uses and surrounding properties." The facility is a located on a 4.92 gross acre parcel defined by the Western Mutual Ditch to the west and adjacent agriculture land to the north, east and south. The existing 40 foot by 60 foot shop is located near the middle of the site and will be used for storage of equipment and materials and for maintenance of equipment and vehicles. The proposal also identifies outside parking of frac tanks and trailers, stockpiles of construction materials, including soil and employee vehicles; all areas will be required to be screened from adjacent property and public rights-of-way. Planning staff will be requiring a Screening Plan to screen outdoor storage/staging of vehicles, a parking plan to address parking location on the property to mitigate the impacts of noise, exhaust onto neighboring properties, a site circulation plan, including evidence that two way traffic is possible at the bridge crossing the Western Mutual Ditch and Development Standard No.18 addresses sources of lighting on site oriented downward and away from neighboring properties. 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 lists any use permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the Commercial or Industrial Zone Districts (Trucking and Truck Repair Shop along with Outside Equipment, Vehicle Storage and Staging; and storage of materials associated with the construction business) provided that the property is not a Lot in an approved or recorded subdivision map or lots parts of a map or plan filed prior to adoption of any regulations controlling subdivisions, and Section 23-3-40.A.2 of the Weld County Code provides for Mineral Resource Development Facilities, Oil and Gas Support and Service. (storage of clean empty Frac Tanks) as a Use by Special Review 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 surrounding properties are generally large parcel agricultural lots with single family residences. To the north, east and south are large agricultural parcels and to the west are several recorded exemption parcels with improvements. There are three property owners on seven parcels within five hundred feet of this proposed facility. Approximately 295 feet from the west property line, there are two properties with residential improvements, and approximately 385 feet from the north property line is a property with residential improvements. Staff has not received any correspondence or inquiries from interested persons or adjacent landowners. 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 the City of Evans and the Town of LaSalle. The City of Evans did not return a referral and the Town of LaSalle did return a referral response with concerns about truck traffic through the Town. E. Section 23-2-220.A.5 -- The application complies with Chapter 23, Article V, of the Weld County Code. The existing site is not located within the Floodplain, Airport or Geologic hazard areas. The property is located within the County-Wide Road Impact Fee Area and the Capital Expansion Impact Fee area. Building Permits issued on the lot will be required to adhere to the fee structure of the County-Wide Road Impact Fee Program. Building Permits issued on the proposed lot will be required to adhere to the fee structure of the County Facility Fee and Drainage Impact Fee Programs. USR14-0068 LASALLE RENTAL PROPERTY ONE, LLC, Page 3 of 10 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 4.92 acres designated "Prime" per the 1979 Soil Conservation Service Important Farmlands of Weld County Map. The parcel is encumbered by the Western Mutual Ditch to the west and County Road 39, a collector roadway. The oddly shaped parcel created by Recorded Exempton would not be conducive to agricultural practices and there is no irrigation water associated with this property. 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 Map shall be amended to delineate the following: 1. All sheets of the USR Map shall be labeled USR14-0068. (Department of Planning Services) 2. The USR Map shall be prepared per Section 23-2-260.D of the Weld County Code. (Department of Planning Services) 3. The attached Development Standards. (Department of Planning Services) 4. County Road 39 is designated on the Weld County Road Classification Plan as a collector road, which requires 80 feet of right-of-way at full build out. There is presently 60 feet of right-of-way. The applicant shall verify the existing right-of- way and the documents creating the right-of-way and this information shall be noted on the plat. If the right-of-way cannot be verified, it shall be dedicated. All setbacks shall be measured from the edge of future right-of-way. This road is maintained by Weld County. (Department of Planning Services- Engineer) 5. Show the approved access on the map and label with the approved access permit number(AP15-00001). (Department of Public Works -Access) 6. Show and label standard tracking control onto publically maintained roadways on the map. Standard tracking control for accesses onto paved roads includes either 300 feet of pavement onsite or 100 feet of pavement plus double cattle guards. Alternatives such as recycled Asphaltic Concrete, gravel/road base, may be considered with lighter traffic impact projects. (Department of Planning Services — Engineer) 7. Show the accepted water quality feature on the map and label as (Water Quality USR14-0068 LASALLE RENTAL PROPERTY ONE, LLC, Page 4 of 10 Feature, No-Build or Storage Area), as well as the design volume. (Department of Planning Services— Engineer) 8. Show and label the drainage flow arrows, types and locations of driving surfaces, turning radii, and parking and circulation on the map. (Department of Planning Services—Engineer) 9. Show and label the control access gate to the property. The gate (if applicable) must be set back a minimum of 75 feet from future right-of-way to allow a truck and trailer to pull completely off of the roadway and open the gate after the future road widening. (Department of Planning Services— Engineer) 10. Show the circulation patterns, including turning movements demonstrating that truck and trailers and frac tanker trucks are able to maneuver successfully on site and at the point of ingress and egress. (Department of Planning Services) 11. Show the on-site parking areas, include the dimensions of the drives and delineate the parking spaces. (Department of Planning Services) 12. Delineate the opaque fencing on site to address the parking and storage areas associated with the facility. Section 23-2-250.A.4.a of the Weld County Code states areas shall be screened from adjacent properties and public rights of way. (Department of Planning Services) 13. Show the facility sign on the USR map. Signs shall be in compliance with Chapter 23, Article IV, Division II and Appendices 23-C, 23-D and 23-E of the Weld County Code. (Department of Planning Services) B. The applicant shall address the requirements (concerns) of the Town of LaSalle, specific to truck traffic through Town, as stated in the referral response dated February 11, 2015. Evidence of such shall be submitted, in writing, to the Weld County Department of Planning Services. (Department of Planning Services) C. An Improvements Agreement and Road Maintenance Agreement is required for offsite improvements at this site. Road maintenance including dust control, damage repair, specified haul routes and future triggers for improvements will be included. (Trucking, Truck Repair Shop and storage of Frac and Water tankers). Written evidence of such shall be submitted to the Weld County Department of Planning Services. (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 USR14-0068 LASALLE RENTAL PROPERTY ONE, LLC, Page 5 of 10 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(c�co.weld.co.us. (Department of Planning Services) 5. Prior to Construction: A. If more than 1 acre is to be disturbed, a Weld County grading permit will be required prior to the start of construction. Contact the Planning Department for application information. (Department of Planning Services- Engineer) B. Right of way permit is required for any work within the public right of way. (Department of Public Works) C. Special transport permit is required for any over size or over weight vehicles. (Department of Public Works) D. A change of use building permit will be required the Ag-exempt structure to a commercial structure that is used for the business. Handicap accessible bathrooms are required for all patrons and guest for the business. (Department of Building Inspection) E. Buildings and structures shall conform to the requirements of the various codes adopted at the time of permit application. Currently the following has been adopted by Weld County: 2012 International Building Code; 2012 International Mechanical Code; 2012 International Plumbing Code; 2012 International Fuel Gas Code; 2006 International Energy Code; 2011 National Electrical Code; 2009 ANSI 117.1 Accessibility Code and Chapter 29 of the Weld County Code. (Department of Building Inspection) 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 of the Weld County Clerk and Recorder or the applicant has been approved for an early release agreement. (Department of Planning Services) USR14-0068 LASALLE RENTAL PROPERTY ONE, LLC, Page 6 of 10 SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS LaSalle Rental Property One LLC USR14.0068 1. A Site Specific Development Plan and Use by Special Use Permit, USR14-0068, 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 (Trucking and Truck Repair Shop along with Outside Equipment, Vehicle Storage and Staging; and storage of materials associated with the construction business), provided that the property is not a lot in an approved or recorded subdivision map or lots parts of a map or plan filed prior to adoption of any regulations controlling subdivisions, and Mineral Resource Development Facilities including Oil and Gas Support and Service (Storage of clean empty Frac Tanks) 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 twenty-four (24) hours a day, seven (7) days a week, as stated by the applicant(s). (Department of Planning Services) 4. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S.) shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. (Department of Public Health and Environment) 5. 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) 6. 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) 7. 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) 8. 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) 9. Sewage disposal 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) 10. Adequate drinking, hand washing and toilet facilities shall be provided for employees and patrons of the facility, at all times. A permanent, adequate water supply shall be provided for drinking and sanitary purposes. (Department of Public Health and Environment) 11. 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) USR14-0068 LASALLE RENTAL PROPERTY ONE, LLC, Page 7 of 10 12. Process wastewater (such as floor drain wastes) shall be captured in a watertight vault and hauled off for proper disposal. Records of installation, maintenance, and proper disposal shall be retained. (Department of Public Health and Environment) 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. The applicant shall comply with all provisions of the State Underground and Above Ground Storage Tank Regulations. (Department of Public Health and Environment) 15. Only empty, decontaminated frac tanks shall be stored onsite. (Department of Public Health and Environment) 16. The applicant shall remove, handle, and stockpile fill dirt in a manner that will prevent nuisance conditions. (Department of Public Health and Environment) 17. 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) 18. 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) 19. The screening, circulation and parking on the site shall be maintained. (Department of Planning Services) 20. Signs shall be in compliance with Chapter 23, Article IV, Division II and Appendices 23-C, 23-D and 23-E of the Weld County Code. (Department of Planning Services) 21. 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) 22. The historical flow patterns and runoff amounts will be maintained on the site. (Department of Planning Services- Engineer) 23. Weld County is not responsible for the maintenance of onsite drainage related features. (Department of Planning Services - Engineer) 24. There shall be no parking or staging of vehicles on County roads. On-site parking shall be utilized. (Department of Planning Services - Engineer) 25. 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 2011 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) 26. The property owner or operator shall be responsible for complying with the Design and Operation Standards of Chapter 23 of the Weld County Code. USR14-0068 LASALLE RENTAL PROPERTY ONE, LLC, Page 8 of 10 27. 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. 28. 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. 29. 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. 30. WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive agricultural counties in the United States, typically ranking in the top ten counties in the country in total market value of agricultural products sold. The rural areas of Weld County may be open and spacious, but they are intensively used for agriculture. Persons moving into a rural area must recognize and accept there are drawbacks, including conflicts with long-standing agricultural practices and a lower level of services than in town. Along with the drawbacks come the incentives which attract urban dwellers to relocate to rural areas: open views, spaciousness, wildlife, lack of city noise and congestion, and the rural atmosphere and way of life. Without neighboring farms, those features which attract urban dwellers to rural Weld County would quickly be gone forever. Agricultural users of the land should not be expected to change their long-established agricultural practices to accommodate the intrusions of urban users into a rural area. Well-run agricultural activities will generate off-site impacts, including noise from tractors and equipment; slow-moving farm vehicles on rural roads; dust from animal pens, field work, harvest and gravel roads; odor from animal confinement, silage and manure; smoke from ditch burning; flies and mosquitoes; hunting and trapping activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and fertilizers in the fields, including the use of aerial spraying. It is common practice for agricultural producers to utilize an accumulation of agricultural machinery and supplies to assist in their agricultural operations. A concentration of miscellaneous agricultural materials often produces a visual disparity between rural and urban areas of the County. Section 35-3.5-102, C.R.S., provides that an agricultural operation shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that are commonly or reasonably associated with agricultural production. Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to assume that ditches and reservoirs may simply be moved "out of the way" of residential development. When moving to the County, property owners and residents must realize they cannot take water from irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water. Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice the size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of state and county roads outside of municipalities. The sheer magnitude of the area to be served stretches available resources. Law enforcement is based on responses to complaints more than on patrols of the County, and the distances which must be traveled may delay all emergency responses, including law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must leave their jobs and families to respond to emergencies. County gravel roads, no matter how often they are bladed, will not provide the same kind of surface expected from a paved road. Snow removal priorities mean that roads from subdivisions to arterials may not be cleared for several days after a major snowstorm. Services in rural areas, in many cases, will not be equivalent to municipal services. Rural dwellers must, by necessity, be more self-sufficient than urban dwellers. USR14-0068 LASALLE RENTAL PROPERTY ONE, LLC, Page 9 of 10 People are exposed to different hazards in the County than in an urban or suburban setting. Farm equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center pivot operations, high speed traffic, sandburs, puncture vines, territorial farm dogs and livestock, and open burning present real threats. Controlling children's activities is important, not only for their safety, but also for the protection of the farmer's livelihood. USR14-0068 LASALLE RENTAL PROPERTY ONE, LLC, Page 10 of 10 MEMORANDUM To: Board of Planning Commissioners V�� - From: Kim Ogle, Planning Services Subject: Request for continuance of USR14-0068 LaSalle Rental Property One, LLC do Herschel E. Holloway Date: April 7, 2015 The Department of Planning Services, Mr. Holloway, the applicant, and Ms. Sheri Lockman, his consultant, are requesting a continuance of this land use case until the June 16, 2015 Planning Commissioners hearing date. This request for a continuance will allow the applicant to address issues for a safe and adequate commercial access across the Western Mutual Ditch onto lands owned by Mr. Holloway. As stated by Mr. Holloway, the current access to the site is not a viable one for the LaSalle Rental Properties One, LP due to acceptable length of the crossing appurtenance. To increase the length of the existing appurtenance to a minimum length of 68 feet could be accommodated after October 2015 due to issues of timing for construction and the costs associated with same. It is the understanding of the Department of Planning Services that representatives for SB Farms, Inc. have been approached by Mr. Holloway in an effort to acquire additional lands to the north of his current land holdings in an attempt to gain a safe access from the publically maintained County road (CR 39) onto his property. To allow Mr. Holloway time to explore this option in a timely manner staff is requesting the continuance. Given this condition we respectively request your support in this request. SERVICE,TEAM,ORK,INTEGRITY_QUALITY 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 � March 09, 2015 LOCKMAN SHERI 36509 CR 41 Eaton, CO 80615 Subject: USR14-0068 - A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW 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 (TRUCKING AND TRUCK REPAIR ALONG WITH OUTSIDE EQUIPMENT, VEHICLE STORAGE AND STAGING; AND MATERIALS ASSOCIATED WITH THE CONSTRUCTION BUSINESS), PROVIDED THAT THE PROPERTY IS NOT A LOT IN AN APPROVED OR RECORDED SUBDIVISION MAP OR LOTS PARTS OF A MAP OR PLAN FILED PRIOR TO ADOPTION OF ANY REGULATIONS CONTROLLING SUBDIVISIONS AND MINERAL RESOURCE DEVELOPMENT FACILITIES INCLUDING OIL AND GAS SUPPORT AND SERVICE (STORAGE OF CLEAN EMPTY FRAC TANKS) IN THE A (AGRICULTURAL)ZONE DISTRICT On parcel(s)of land described as: PART NW4 SECTION 8, T4N, R65W LOT C REC EXEMPT RECX14-0016 of the 6th P.M., Weld Dear Applicants: I have scheduled a meeting with the Weld County Planning Commission on April 7, 2015, at 1:30 p.m. A subsequent hearing with the Board of County Commissioners will be held on May 6, 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.weldcountyplanningoases.orq If you have any questions concerning this matter, please call. Respectfully, Digitally signed by Kristine Ranslem Mason:lam the author of this document Date:2015.03.0915:07:46-06'00' Kim Ogle Planner h N DEPARTMENT OF PLANNING SERVICES i ti 1555 N 17th AVE j ' r ^ GREELEY, CO 80631 WEBSITE: www.co.weld.co.us E-MAIL: kogle@co.weld.co.us PHONE: (970)353-6100, Ext. 3549 N ' FAX: (970)304-6498 January 13, 2015 LOCKMAN SHERI 36509 CR 41 Eaton, CO 80615 Subject: USR14-0068 - A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW 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 (TRUCKING AND TRUCK REPAIR ALONG WITH OUTSIDE EQUIPMENT, VEHICLE STORAGE AND STAGING; AND MATERIALS ASSOCIATED WITH THE CONSTRUCTION BUSINESS), PROVIDED THAT THE PROPERTY IS NOT A LOT IN AN APPROVED OR RECORDED SUBDIVISION MAP OR LOTS PARTS OF A MAP OR PLAN FILED PRIOR TO ADOPTION OF ANY REGULATIONS CONTROLLING SUBDIVISIONS AND MINERAL RESOURCE DEVELOPMENT FACILITIES INCLUDING OIL AND GAS SUPPORT AND SERVICE (STORAGE OF CLEAN EMPTY FRAC TANKS) IN THE A (AGRICULTURAL)ZONE DISTRICT On parcel(s)of land described as: PART NW4NW4 SECTION 8, T4N, R65W LOT C REC EXEMPT RE-4419 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: Evans at Phone Number 970-475-1170 LaSalle at Phone Number 970-284-6931 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 Panslem "�/ F9ason:lam the author of thisdocument Date:2015.01.13 09:02:28-07'00' Kim Ogle Planner FIELD CHECK Inspection Date: March 11, 2015 Case Number: USR14-0068 Applicant: LaSalle Rental Property One, LLC, do Herschel Holloway do Sheri Lockman, Lockman Land Consulting, LLC Request: A Site Specific Development Plan and Use by Special Use 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(Trucking and Truck Repair Shop along with Outside Equipment, Vehicle Storage and Staging; and storage of materials associated with the construction business), provided that the property is not a lot in an approved or recorded subdivision map or lots parts of a map or plan filed prior to adoption of any regulations controlling subdivisions, and Mineral Resource Development Facilities including Oil and Gas Support and Service(Storage of clean empty Frac Tanks) in the A(Agricultural)Zone District Legal Lot C of RECX14-0016 being part of the NW4 of Section 8,T4N, R65W of the 6th P.M.,Weld Description: County, CO Location: East of and adjacent to County Road 39, approximately one(1) mile South of County Road 50 Size of Parcel: +/- 4.92 acres Parcel No. 1055-08-2-00-026 Zoning Land Use N AGRICULTURE N AGRICULTURE LAND,WESTERN MUTUAL DITCH AND SINGLE FAMILY RESIDECNE WITH IMPROVEMENTS E AGRICULTURE E IRRIGATED FIELD S AGRICULTURE S IRRIGATED FIELD W AGRICULTURE W SINGLE FAMILY RESIDENCE ON AN AGRICULTURAL PARCEL Comments: The site is a Recorded Exemption parcel that is adjacent to the western Mutual Ditch which is parallel to County Road 39. There is a narrow crossing of the ditch onto the property from CR 39. The crossing is constructed of metal pipe weld together and is approximately 16 feet in length. There is a metal skinned structure on site with roll-up doors and a man door for access. A short apron extends to the south from the building. The site is graveled and graded and is currently utilized to park OTR vehicles. A pipe rail fence holds electrical junction boxes and power cords for hook-ups for trucks in cold weather. Outside storage of wheels and crates is located to the east of the building. A berm from ditch improvements and maintenance of same is stockpiled to the east of the ditch and provides limited screening from County road 39. A water quality feature has been cut into the site in the northeast quadrant near an oil and gas road. Property is fenced in areas with three strand barb wire. Signatur ❑ Access to Property ❑ Site Distance ❑ Ditch ❑ Topography, property is low to adjacent road Note any commercial business/commercial vehicles that are operating from the site. LaSalle Rental Property One, LLC (Herschel E. Holloway) is operating from the property without first obtaining the necessary land use permits. Hello