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Home My WebLink About20150053.tiff ti� tf ) LAND USE APPLICATION SUMMARY SHEET I%'I Planner: Kim Ogle Hearing Date: October 7, 2014 Case Number: USR14-0043 Applicant: Kay Collins and Ryan Gallatin c/o Grant Hoffman & Kamada, 821 Ninth Street, Greeley, Colorado 80631 Address: 13900 County Road 76, Eaton, Colorado 80615 Representative: Ann F. Hough and Brad L. Hoffman, Esq. Request: A Site Specific Development Plan and Use by Special Review Permit for any use permitted as a use by right, an accessory use, or a Use by Special Review in the Commercial or Industrial Zone Districts (Landscape Turf Installation Company base of operations, Trucking and Truck Repair Shop along with outside equipment/vehicle storage and staging), provided that the property is not a lot in an approved or recorded subdivision plat or lots parts of a map or plan filed prior to adoption of any regulations controlling subdivisions in the A (Agricultural) Zone District. Legal Lot A and Lot B of Recorded Exemption no. RE-2366, being part of NW4 of Section 32, Description: T7N, R65W of the 6th P.M., Weld County, CO Location: South of and adjacent to County Road 76; approximately 1500 feet East of County Road 39 Size of Parcel: +/- 3.88 Gross acres Parcel No. 0709-32-0-00-053 +/- 3.25 Net acres Parcel No. 0709-32-0-00-054 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: y Weld County Zoning Compliance, referral dated August 5, 2014 y Weld County Department of Public Works, referral dated August 6, 2014 • Weld County Department of Public Health and Environment, referral dated August 21, 2014 • Weld County Department of Public Works-Access, referrals dated July 28, and September 23, 2014 The Department of Planning Services' staff has received referral responses without comments from the following agencies: • Weld County Sherriff's Office, referral dated August 19, 2014 The Department of Planning Services' staff has not received responses from the following agencies: ➢ Eaton Fire Protection District ➢ Eaton Ditch ➢ Weld County School District RE-2 ➢ Town of Eaton ➢ North Weld County Water District ➢ Town of Ault ➢ Colorado Department of Labor& Employment USR14-0043 Kay Collins and Ryan Gallatin,page 1 of 10 SPECIAL REVIEW PERMIT ADMINISTRATIVE REVIEW tAt � c9,'v Planner: Kim Ogle Hearing Date: October 7, 2014 Case Number: USR14-0043 Applicant: Kay Collins and Ryan Gallatin c/o Grant Hoffman & Kamada, 821 Ninth Street, Greeley, Colorado 80631 Address: 13900 County Road 76, Eaton, Colorado 80615 Representative: Ann F. Hough and Brad L. Hoffman, Esq. Request: A Site Specific Development Plan and Use by Special Review Permit for any use permitted as a use by right, an accessory use, or a Use by Special Review in the Commercial or Industrial Zone Districts (Landscape Turf Installation Company base of operations, Trucking and Truck Repair Shop along with outside equipment/vehicle storage and staging), provided that the property is not a lot in an approved or recorded subdivision plat or lots parts of a map or plan filed prior to adoption of any regulations controlling subdivisions in the A (Agricultural)Zone District. Legal Lot A and Lot B of Recorded Exemption no. RE-2366, being part of NW4 of Section 32, Description: T7N, R65W of the 6th P.M., Weld County, CO Location: South of and adjacent to County Road 76; approximately 1500 feet East of County Road 39 Size of Parcel: +/- 3.88 Gross acres Parcel No. 0709-32-0-00-053 +/- 3.250 Net acres Parcel No. 0709-32-0-00-054 Case Summary: The property is proposed for the Gallatin home and base of operations for Gallatin Turf Installation, Inc. Presently there are two full time employees accessing the property on a daily basis to pick up their tractor trailers and depart for their deliveries. There are seven employees who arrive with their foreman, collect materials required for the day's work and depart. Currently the property has improvements on site including the Gallatin residence and a 2400 SF pole barn with four roll-up doors and one man door, all facing north. The adjacent property to the east has a single family residence and outbuildings. This property is currently rented by others not associated with the business. The applicant states that growth is inevitable and will require an additional 4800 SF or greater in size equipment building for the four (4) tractor trailers, and the employee numbers expanding to fifteen (15). There is an active Zoning Violation, ZCV14-00010, initiated due to the operation of a trucking business without first completing the necessary Weld County Zoning Permits. Planning staff has received three letters of opposition adjacent property owner's, meetings with interested parties and several telephone calls. Concerns center on the early morning start-up and late evening hours of operation, noise generated from the facility and traffic safety for inbound and outbound turning movements onto County Road 76. This case has not been presented to the Weld County Court Magistrate through the Violation Hearing process. If this application is approved by the Board of County Commissioners, and the Conditions of Approval met, and the USR Map recorded, these actions will correct this outstanding violation. If this USR14-0043 Kay Collins and Ryan Gallatin,page 2 of 10 application is denied, the commercial vehicles and all operations shall be removed from the property within 30 (thirty)days of denial or the violation will proceed in court accordingly. THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE DENIED 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 that the applicant has not shown compliance with Section 23-2-230.A of the Weld County Code as follows: Section 22-2-100.A. 3. C.Policy 1.3. Neighborhood commercial uses should be allowed in residential areas. These commercial uses should consist only of neighborhood-oriented businesses. Commercial uses that service a greater area than the neighborhood and create an undesirable impact, such as increased vehicular traffic, noise, proposed hours of operation outside of normal business hours are not considered appropriate in residential neighborhoods. Section 22-2-100.E. C.Goal 5. States "Minimize the incompatibilities that occur between commercial uses and surrounding properties." The Department of Planning Services has received four letters and more than three telephone calls from surrounding property owners who hold similar concerns. In each letter, the issues cited include the intensity of the operation, the hours of operation and noise associated with this facility; turning movements into and from the facility; proximity of school bus stops and issues of safety. Several letters and telephone calls stated that the facility commences operations early in the morning (2:00 AM -4:30 AM) when the trucks sit and idle for periods up to thirty minutes to warm up during the winter months before leaving the property. Trucks returning to the property may arrive as late as 11:00 PM. There was at least one instance when a driver of one of the Gallatin tractor trailers passed a residence early in the morning utilizing the "Jake Brake" heading west down to County Road 39. Other points brought forward include the proximity of the driveway in relation to the crest of the hill, the driveway is located below the crest, thereby presenting a limited visibility condition to traffic heading west on County Road 76. Similarly, trucks returning to the property are required to swing into the west bound lane to turn into the property, also creating a potentially hazardous condition. Letters also describe multiple school bus stops in the immediate area, one as close as 115 feet west of the Gallatin driveway. One letter addresses a drainage issue due to the construction of the metal skinned building on the Gallatin property. Drainage water from the property has historically caused flooding problems for a couple of the neighbors to the south and southwest of the site. One property owner speaks on a more personal level, that on behalf of her autistic son who has his sleep interrupted due to the early morning tractor trailer traffic, thereby causing insufficient sleep periods which have had an impact on his behavior during daytime hours. Each letter addresses safety, not only for the local vehicle traffic, but also for the school bus, delivery vehicles, and persons traveling on County Road 76 who may be unaware of the limited visibility access utilized for the tractor trailer turning movements. The overall tone of the letters and telephone calls imply that the intensity of the facility may be better suited to another area that the applicant could operate from without compromising the tranquility, safety, and value of the property of his surrounding neighbors. The proposed facility is a located on two parcels: the westernmost parcel is 0.860 net acres in area with the eastern parcel 2.29 net acres in area, for a total net acreage of 3.25 acres. There are several improvements located on the two parcels, including a residential structure and outbuildings. The property is in crushed concrete for a majority of the westernmost parcel with the location of the Gallatin residence and shop building. The eastern parcel also has a residence owned by the applicant and used as an income generating rental property. All lands to the south USR14-0043 Kay Collins and Ryan Gallatin,page 3 of 10 of the improvements are utilized for tractor trailer turning movements and parking. The surrounding properties to the south and west are single family residences on larger residential scale parcels. All residences are in close proximity to this proposed facility, and it does not appear that screening will not adequately mitigate the noise, the parking, staging or internal turning movements of vehicles resulting in a headlamp sweep of adjacent properties. 22-2-100.F.2 C.Policy 6.2 states "The land use applicant should demonstrate that the roadway facilities associated with the proposed commercial development are adequate in width, classification and structural capacity to serve the development proposal." The Department of Public Works — Access Permitting Division acknowledges that there may be issues associated turning movements associated with the tractor trailers located on the property, and has therefore granted a temporary point of ingress and egress for small commercial use that will end December 31, 2014. This access permit is further limited, stating "all semi-tractor traffic will enter and exit the site by turning left only." This access permit will be reevaluated prior to December 30, 2014. Section 23-2-230.B.3 -- The uses which will be permitted will not be compatible with the existing surrounding land uses. The intensity of the proposed use for up to six tractor trailers operating on a 3.25 acre parcel in close proximity to a residential neighborhood development during early morning hours extending into mid evening hours is not in the opinion of the Department of Planning Services compatible with the area. Planning staff is of the opinion that the intensity of the proposed facility will not be adequately mitigated to address the concerns of the neighbors and extended community to the east and west. 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. Should the Planning Commission approve the proposal, the Department of Planning Services recommends the following conditions: 1. Prior to recording the USR map: A. The applicant shall submit a Lighting Plan to the Department of Planning Services, for review and approval. Any lighting poles and lamps shall comply with Section 23-3-360.F. which states, in part, that, "any lighting shall be designed, located, and operated in such a manner as to meet the following standards: sources of light shall be shielded so that beams or rays of light will not shine directly onto adjacent properties." (Department of Planning Services) B. The applicant shall submit a Screening Plan to the Department of Planning Services for review and approval. All parking areas shall be screened from adjacent properties and public rights of way. (Department of Planning Services) C. The applicant shall submit a Signage Plan to the Department of Planning Services, for review and approval, if signage is desired. 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) D. The applicant shall submit a Dust Abatement Plan, detailing on site dust control measures, for review and approval, to the Environmental Health Services Division of the Weld County Department of Public Health and Environment. (Department of Public Health and Environment) E. The applicant shall submit a Lighting Plan to the Department of Planning Services, for review and approval. Any lighting poles and lamps shall comply with Section 23-3-360.F. which states, in part, that, "any lighting shall be designed, located, and operated in such a manner as to meet the following standards: sources of light shall be shielded so that beams USR14-0043 Kay Collins and Ryan Gallatin,page 4 of 10 or rays of light will not shine directly onto adjacent properties." (Department of Planning Services) F. The applicant shall submit an updated Parking Plan to the Department of Planning Services for review and approval. This updated parking plan shall show the dimensions of the drives and the parking stalls and delineate curb stops for the parking spaces. (Department of Planning Services) G. The applicant shall submit a Noise Abatement Plan for review and approval to address tractor trailer operation on the property, including noises associated with idling; exhaust brakes, backing of vehicles on site, and vehicle lights. The Plan shall be submitted to the Department of Planning Services. (Department of Planning Services) H. The map shall be amended to delineate the following: 1. All sheets of the map shall be labeled USR14-0043 (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. Areas used for storage or trash collection shall be screened from adjacent properties and public rights-of-way. These areas shall be designed and used in a manner that will prevent trash from being scattered by wind or animals. (Department of Planning Services) 5. The approved Screening Plan. (Department of Planning Services) 6. The approved Lighting Plan. (Department of Planning Services) 7. The approved Signage Plan. (Department of Planning Services) 8. The approved Parking Plan. (Department of Planning Services) 9. County Road 76 is designated on the Weld County Road Classification Plan as a local paved road, which requires 60 feet of right-of-way at full buildout. The applicant shall verify and delineate on the map the existing right-of-way and the documents creating the right-of-way. All setbacks shall be measured from the edge of future right-of-way. This road is maintained by Weld County. (Department of Public Works) 10. Show the approved access (es) on the map and label with the approved access permit number(AP14-00276 and AP14-00277). (Department of Public Works) 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) USR14-0043 Kay Collins and Ryan Gallatin,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 sent to maps@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. (Department of Planning Services) 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) USR14-0043 Kay Collins and Ryan Gallatin,page 6 of 10 SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Gallatin Turf Installation, Inc. USR14-0043 1. A Site Specific Development Plan and Use by Special Use Permit, USR14-0043, 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 (Landscape Turf Installation Company base of operations, trucking and truck repair shop along with outside equipment/vehicle storage and staging), provided that the property is not a lot in an approved or recorded subdivision plat or lots parts of a map or plan filed prior to adoption of any regulations controlling subdivisions in the A (Agricultural) Zone District (Gallatin Turf Installation, Inc.), 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 Individual Sewage Disposal Systems (I.S.D.S.) Regulations. (Department of Planning Services) 4. The number of employees shall be restricted to fifteen (15) as stated by the applicant. (Department of Planning Services) 5. The number of semi-tractor trailers shall be limited to four(4). (Department of Planning Services) 6. The hours of operation are 6:00 a.m. — 8:00 p.m. Monday — Friday. (Department of Planning Services) 7. 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) 8. 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) 9. 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) 10. 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) 11. 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) 12. 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) USR14-0043 Kay Collins and Ryan Gallatin,page 7 of 10 13. Adequate drinking, hand washing and toilet facilities shall be provided for employees and patrons of the facility, at all times. For employees or contractors on site for less than 2 consecutive hours a day, portable toilets and bottled water are acceptable. Records of maintenance and proper disposal for portable toilets shall be retained on a quarterly basis and available for review by the Weld County Department of Public Health and Environment. Portable toilets shall be serviced by a cleaner licensed in Weld County and shall contain hand sanitizers. (Department of Public Health and Environment) 14. 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 SP-0900053 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) 15. 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 Individual Sewage Disposal Systems. (Department of Public Health and Environment) 16. A permanent, adequate water supply shall be provided for drinking and sanitary purposes. The facility shall utilize the public water supply. (North Weld County Water District) (Department of Public Health and Environment) 17. 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) 18. 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) 19. The applicant shall comply with all provisions of the State Underground and Above Ground Storage Tank Regulations. (Department of Public Health and Environment) 20. 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) 21. 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) 22. The screening/parking/signage/lighting/noise on the site shall be maintained in accordance with the approved Screening/Parking/Signage/Lighting/Noise Abatement Plans. (Department of Planning Services) 23. 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 Public Works) USR14-0043 Kay Collins and Ryan Gallatin,page 8 of 10 24. The historical flow patterns and runoff amounts will be maintained on the site. (Department of Public Works) 25. Weld County is not responsible for the maintenance of onsite drainage related features. (Department of Public Works) 26. There shall be no parking or staging of vehicles on County road 76. On-site parking shall be utilized. (Department of Public Works) 27. The applicant shall meet with the Weld County Public Works Department, Access Permitting Division to establish a new permit for the access drive associated with this land use application before December 30, 2014. (Department of Public Works) 28. 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) 29. The property owner or operator shall be responsible for complying with the Design and Operation Standards of Chapter 23 of the Weld County Code. 30. 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. 31. 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. 32. 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. 33. 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 USR14-0043 Kay Collins and Ryan Gallatin,page 9 of 10 pesticides and fertilizers in the fields, including the use of aerial spraying. It is common practice for agricultural producers to utilize an accumulation of agricultural machinery and supplies to assist in their agricultural operations. A concentration of miscellaneous agricultural materials often produces a visual disparity between rural and urban areas of the County. Section 35-3.5- 102, C.R.S., provides that an agricultural operation shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that are commonly or reasonably associated with agricultural production. Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to assume that ditches and reservoirs may simply be moved "out of the way" of residential development. When moving to the County, property owners and residents must realize they cannot take water from irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water. Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice the size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of state and county roads outside of municipalities. The sheer magnitude of the area to be served stretches available resources. Law enforcement is based on responses to complaints more than on patrols of the County, and the distances which must be traveled may delay all emergency responses, including law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must leave their jobs and families to respond to emergencies. County gravel roads, no matter how often they are bladed, will not provide the same kind of surface expected from a paved road. Snow removal priorities mean that roads from subdivisions to arterials may not be cleared for several days after a major snowstorm. Services in rural areas, in many cases, will not be equivalent to municipal services. Rural dwellers must, by necessity, be more self-sufficient than urban dwellers. People are exposed to different hazards in the County than in an urban or suburban setting. Farm equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center pivot operations, high speed traffic, sandburs, puncture vines, territorial farm dogs and livestock, and open burning present real threats. Controlling children's activities is important, not only for their safety, but also for the protection of the farmer's livelihood. USR14-0043 Kay Collins and Ryan Gallatin, 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 � September 16, 2014 HOUGH ANN 821 9TH ST GREELEY, CO 80631 Subject: USR14-0043 - 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 (LANDSCAPE TURF INSTALLATION, TRUCKING AND TRUCK REPAIR SHOP ALONG WITH OUTSIDE EQUIPMENT/VEHICLE STORAGE AND STAGING), PROVIDED THAT THE PROPERTY IS NOT A LOT IN AN APPROVED OR RECORDED SUBDIVISION PLAT OR LOTS PARTS OF A MAP OR PLAN FILED PRIOR TO ADOPTION OF ANY REGULATIONS CONTROLLING SUBDIVISIONS IN THE A (AGRICULTURAL)ZONE DISTRICT. On parcel(s)of land described as: LOTS A AND B OF RE-2366; BEING PART OF NW4 SECTION 32, T7N, R65W OF THE 6TH P.M., WELD COUNTY, COLORADO. Dear Applicants: I have scheduled a meeting with the Weld County Planning Commission on October 7, 2014, at 1:30 p.m. A subsequent hearing with the Board of County Commissioners will be held on November 12, 2014 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 Page 2 of 2 If you have any questions concerning this matter, please call. Respectfully, Digitally signed by Kristine Ranslem Fbason:lam the author of thisdocument Date:2014.09.16 10:22:20-06'00' Kim Ogle Planner h N DEPARTMENT OF PLANNING SERVICES "••••• Lia fi 1555 N 17th AVE j ' r ^ GREELEY, CO 80631 WEBSITE: www.co.weld.co.us iri_� E-MAIL: kogle@co.weld.co.us !. PHONE: (970)353-6100, Ext. 3549 ti ' FAX: (970)304-6498 August 04, 2014 HOUGH ANN 821 9TH ST GREELEY, CO 80631 Subject: USR14-0043 - 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 (LANDSCAPE TURF INSTALLATION, TRUCKING AND TRUCK REPAIR SHOP ALONG WITH OUTSIDE EQUIPMENTNEHICLE STORAGE AND STAGING), PROVIDED THAT THE PROPERTY IS NOT A LOT IN AN APPROVED OR RECORDED SUBDIVISION PLAT OR LOTS PARTS OF A MAP OR PLAN FILED PRIOR TO ADOPTION OF ANY REGULATIONS CONTROLLING SUBDIVISIONS IN THE A (AGRICULTURAL)ZONE DISTRICT. On parcel(s)of land described as: PT NW4 SECTION 32, T7N, R65W LOT B REC EXEMPT RE-2366 of the 6th P.M., Weld County, Colorado. PT NW4 SECTION 32, T7N, R65W LOT A REC EXEMPT RE-2366 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: Eaton at Phone Number 970-454-3338 Ault at Phone Number 970-834-2844 Please call the listed Planning Commissions, for information regarding the date, time and place of the meeting and the review process. It is recommended that you and/or a representative be in attendance at each of the meetings described above in order to answer any questions that might arise with respect to your application. If you have any questions concerning this matter, please call. Respectfully, Digitally signed by Kristine Ftndem FZrason:I am the author of this document Date:2014.08.0411:35:06-06'00' Kim Ogle Planner FIELD CHECK - USR14-0043 Inspection Date: September 11, 2014 Applicant: Kay Collins and Ryan Gallatin c/o Grant Hoffman & Kamada, 821 Ninth Street, Greeley, Colorado 80631 Request: A Site Specific Development Plan and Use by Special Review Permit for any use permitted as a use by right, an accessory use, or a Use by Special Review in the Commercial or Industrial Zone Districts (Landscape Turf Installation Company base of operations, Trucking and Truck Repair Shop along with outside equipment/vehicle storage and staging), provided that the property is not a lot in an approved or recorded subdivision plat or lots parts of a map or plan filed prior to adoption of any regulations controlling subdivisions in the A (Agricultural) Zone District. Legal Lot A and Lot B of Recorded Exemption no. RE-2366, being pad of NW4 of Section 32, Description: T7N, R65W of the 6th P.M., Weld County, CO Location: South of and adjacent to County Road 76; approximately 1500 feet East of County Road 39 Size of Parcel: 4- 3.88 Gross acres Parcel No. 0709-32-0-00-053 4- 3.250 Net acres Parcel No. 0709-32-0-00-054 Zoning Land Use N I AGRICULTURE N I LARGE LOT AGRICULTURE E AGRICULTURE E LARGE LOT RESIDENTIAL S AGRICULTURE S RESIDENTIAL W AGRICULTURE W RESIDENTIAL Comments: The surrounding properties north of County Road 76 are large parcel agricultural lots with single family residences. To the east is also a similar development pattern. To the west and south are several residences in close proximity and are located on residential scale parcels. Signature ❑ House(s) ❑ Derelict Vehicles ❑ Outbuilding(s) ❑ Non-commercial junkyard (list components) ❑ Access to Property ❑ Irrigation Sprinkler ❑ Crop Productions ❑ Crops ❑ Site Distance ❑ Wetlands ❑ Mobile Home(s) ❑ Oil & Gas Structures ❑ Other Animals On-Site ❑ Wildlife ❑ Water Bodies ❑ Utilities On-Site (transmission lines) ❑ Ditch ❑ Topography Note any commercial business/commercial vehicles that are operating from the site. Hello