HomeMy WebLinkAbout20151458.tiff LAND USE APPLICATION
SUMMARY SHEET
Planner: C. Gathman Hearing Date: May 6, 2015
Case Number: USR15-0015
Applicant: Jesus & Margarita Hernandez
Address: 33057 County Road 49, Greeley, CO 80631
Request: A Site Specific Development Plan and Use by Special Review Permit for a Home
Business (parking for up to 4 commercial vehicles along with occasional on-site vehicle
maintenance (oil changes)) in the A (Agricultural)Zone District.
Legal Lot A of Recorded Exemption RE-3062; Being part of SE4 of Section 13, T6N, R65W of
Description: the 6th P.M., Weld County, CO
Location: North of and adjacent to State Highway 392 and west of and adjacent to County Road 49.
Size of Parcel: +/- 3.99 acres Parcel No. 080313000045
The criteria for review of this Special Review Permit are 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:
e Weld County Zoning Compliance, referral dated February 27, 2015
➢ Weld County Department of Planning Services-Engineer, referral dated April 7, 2015
➢ Weld County Department of Public Health and Environment, referral dated March 23, 2015
➢ Division of Water Resources, referral dated April 6, 2015
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
➢ Colorado Parks and Wildlife, dated March 26, 2015
➢ Department of Public Works—Access, dated March 20, 2015
The Department of Planning Services' staff has not received responses from the following agencies:
➢ Greeley-Weld County Airport Authority
➢ Weld County Department of Building Inspection
➢ Weld County Sheriff's Office
➢ Colorado Department of Transportation
➢ City of Greeley
➢ Galeton Fire Protection District
USR15-0015, Hernandez, Page 1 of 8
I r SPECIAL REVIEW PERMIT
I' ADMINISTRATIVE REVIEW
r Nv� s
Planner: C. Gathman Hearing Date: May 6, 2015
Case Number: USR15-0015
Applicant: Jesus & Margarita Hernandez
Address: 33057 County Road 49, Greeley, CO 80631
Request: A Site Specific Development Plan and Use by Special Review Permit for a Home
Business (parking for up to 4 commercial vehicles along with occasional on-site
vehicle maintenance (oil changes) in the A (Agricultural)Zone District.
Legal Lot A of Recorded Exemption RE-3062; Being part of SE4 of Section 13, T6N,
Description: R65W of the 6th P.M., Weld County, CO
Location: North of and adjacent to State Highway 392 and west of and adjacent to County
Road 49.
Size of Parcel: +/- 3.99 acres Parcel No. 080313000045
Case Summary:
This application was submitted in response to a zoning violation (ZCV14-00206)that was initiated due to
the operation of a commercial trucking operation without first completing the necessary Weld County
Zoning Permits. The applicants are proposing to park 2 (two) dump trucks and 2 (two) belly dump trucks.
There are 3-4 employees associated with this business (including the property owner). With the exception
of the property owner, the application indicates that the other employees only remain onsite for
approximately 5 minutes to pick up and drop off their trucks before leaving or returning from offsite job
sites. The application indicates that most truck maintenance work will be done offsite with the exception of
an occasional oil change that would be done on site. Per the application, hours of operation are proposed
to be mainly 5 A.M to 7 P.M. Monday-Saturday. However, there are occasional truck calls at night and
occasionally the site will be in operation on Sunday.
DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE
APPROVED FOR THE FOLLOWING REASONS:
1. The submitted materials are in compliance with the application requirements of Section 23-2-260
of the Weld County Code.
2. It is the opinion of the Department of Planning Services' staff that the applicant has shown
compliance with Section 23-2-220 of the Weld County Code as follows:
A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other
applicable code provisions or ordinance in effect.
Section 22-2-20.G.2 A.Policy 7.2.states: "Conversion of agricultural land to nonurban
residential, commercial and industrial uses should be accommodated when the subject
site is in an area that can support such development, and should attempt to be
compatible with the region."
USR15-0015, Hernandez, Page 2 of 8
Hours of Operation, Noise limits and lighting standards are proposed to address/mitigate
any potential impacts with this proposed use.
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.P of the Weld County Code allows for Home Businesses 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. Cropland is located to the north and west of the site. The
nearest single family residence is located approximately 400-feet to the southeast of the
site.
Hours of Operation, Noise limits and lighting standards are proposed to address/mitigate
any potential impacts with this proposed use.
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 Greeley. No referral
response from the City of Greeley has been received in response to this case.
E. Section 23-2-220.A.5 -- The application complies with Chapter 23, Article V, of the Weld
County Code. The existing site is within the County-Wide Road Impact Fee Area and the
Capital Expansion Impact Fee area.
Building Permits issued on the lot will be required to adhere to the fee structure of the
County-Wide Road Impact Fee Program.
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 3.99 acres delineated as "Prime" per
the 1979 Soil Conservation Service Important Farmlands of Weld County Map. No
additional structures are proposed to be constructed and/or installed of this site per this
application.
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.
USR15-0015, Hernandez, Page 3 of 8
The Department of Planning Services' staff recommendation for approval is conditional upon the
following:
1. Prior to recording the map:
A. The applicant shall address the requirements of the Colorado Division of Water Resources
as indicated in their referral dated April 6, 2015. (Department of Planning Services -
Engineer)
B. The map shall be amended to delineate the following:
1. All sheets of the map shall be labeled USR15-0015 (Department of Planning
Services)
2. The attached Development Standards. (Department of Planning Services)
3. The map shall be prepared in accordance with Section 23-2-260.D of the Weld
County Code. (Department of Planning Services)
4. The applicant shall delineate on the map the trash collection areas. Section
23-3-350.H of the Weld County Code addresses the issue of trash collection areas.
(Department of Planning Services)
5. County Road 49 is a Gravel road and is designated on the Weld County Road
Classification Plan as a Local road, which requires 60 feet of right-of-way at full
buildout. 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)
6. Show the approved access(es) on the map and label with the approved access
permit number (AP15-00139). (Department of Planning Services - Engineer)
7. Show and label the approved tracking control onto publically maintained roadways on
the map. (Department of Planning Services - Engineer)
8. Show the accepted water quality feature on the map with volume and label as
WATER QUALITY FEATURE, NO-BUILD OR STORAGE AREA. (Department of
Planning Services - Engineer)
9. Show and label the accepted drainage features, drainage flow arrows, turning radii,
and parking and circulation on the map. (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
USR15-0015, Hernandez, Page 4 of 8
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. (Department of Planning Services - Engineer)
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)
USR15-0015, Hernandez, Page 5 of 8
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Jesus & Margarita Hernandez
USR15-0015
1. A Site Specific Development Plan and Use by Special Review Permit, USR15-0015, for a Home
Business (parking for up to 4 commercial vehicles along with occasional on-site vehicle maintenance
(oil changes) 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 5:00 a.m. — 7:00 p.m. Monday — Sunday except in the event of
emergencies when extended hours of operation may be required. (Department of Planning Services)
4. The number of vehicles utilizing this site shall be two (2) dump trucks and two belly dump trucks (2)
bobtails as stated by the applicant.. (Department of Planning Services)
5. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, Section
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)
6. 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, Section 30-20-100.5, C.R.S. (Department of Public Health and Environment)
7. Waste materials shall be handled, stored, and disposed of in a manner that controls fugitive dust,
fugitive particulate emissions, blowing debris, and other potential nuisance conditions. The applicant
shall operate in accordance with the approved Waste Handling Plan, at all times. (Department of
Public Health and Environment)
8. 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)
9. This facility shall adhere to the maximum permissible noise levels allowed in the Non-specified Zone
District, as delineated in Section 14-9-30 of the Weld County Code. (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. As employees or contractors are on site for less than 2 consecutive hours a
day portable toilets and bottled water are acceptable. Records of maintenance and proper disposal
for portable toilets shall be retained on a quarterly basis and available for review by the Weld County
Department of Public Health and Environment. Portable toilets shall be serviced by a cleaner
licensed in Weld County and shall contain hand sanitizers (Department of Public Health and
Environment)
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)
12. 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)
USR15-0015, Hernandez, Page 6 of 8
13. 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)
14. 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)
15. The historical flow patterns and runoff amounts will be maintained on the site. (Department of
Planning Services - Engineer)
16. Weld County is not responsible for the maintenance of onsite drainage related features. (Department
of Planning Services - Engineer)
17. There shall be no parking or staging of vehicles on County roads. On-site parking shall be utilized.
(Department of Planning Services - Engineer)
18. There shall be no tracking of dirt or debris from the site onto publically maintained roads. The
applicant is responsible for mitigation of any offsite tracking and maintaining onsite tracking control
devices. (Department of Planning Services - Engineer)
19. 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)
20. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code.
21. 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.
22. 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.
23. 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.
USR15-0015, Hernandez, Page 7 of 8
24. 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.
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.
USR15-0015, Hernandez, Page 8 of 8
H N DEPARTMENT OF PLANNING SERVICES
a $6i 1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.co.weld.co.us
E-MAIL: cgathman@co.weld.co.us
�f PHONE: (970) 353-6100, Ext. 3537
C v i FAX: (970) 304-6498
r
April 13, 2015
HERNANDEZ JESUS A
33057 COUNTY ROAD 49
GREELEY, CO 806319647
Subject: USR15-0015-A Site Specific Development Plan and Use by Special Review Permit for a Home
Business (parking for up to 4 commercial vehicles along with occasional on-site vehicle maintenance (oil
changes)in the A(Agricultural)Zone District.
On oarcel(s)of land described as:
PART SE4 SECTION 13, T6N, R65W LOT A REC EXEMPT RE-3062 of the 6th P.M., Weld County,
Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on May 5, 2015, at 1:30 p.m.
A subsequent hearing with the Board of County Commissioners will be held on May 27, 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.weldcountyplanninocases.org
If you have any questions concerning this matter, please call.
Respectfully,
Digitally signed by Kristine Ranslem
1CC) r Fbason:l am the author of thisdocument
L Date:2015.04.13 11:45:35-06'00'
Chris Gathman
Planner
h N DEPARTMENT OF PLANNING SERVICES
"••••• Lia ti 1555 N 17th AVE
j ' r ^ GREELEY, CO 80631
WEBSITE: www.co.weld.co.us
E-MAIL: cgathman@co.weld.co.us
PHONE: (970)353-6100, Ext. 3537
N
' FAX: (970)304-6498
February 26, 2015
HERNANDEZ JESUS & MARGARET
33057 COUNTY ROAD 49
GREELEY, CO 806319647
Subject: USR15-0015 - A Site Specific Development Plan and Use by Special Review Permit for a
Home Business (parking for up to 4 commercial vehicles along with occasional on-site vehicle
maintenance (oil changes) in the A(Agricultural)Zone District.
On parcel(s)of land described as:
PART SE4 SECTION 13, T6N, R65W LOT A REC EXEMPT RE-3062 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:
Greeley at Phone Number 970-350-9741
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,
�' r Digitally signed by Kristine Ranslem
1C) may ` Fèas)n:lam the author of thisdocument
C s�7 Date:2015.02.2614:46:14-07'00'
Chris Gathman
Planner
FIELD CHECK inspection dates: 5/5/2015
APPLICANT: Jesus & Margarita Hernandez
CASE #: USR15-0015
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for a Home Business
(parking for up to 4 commercial vehicles along with occasional on-site vehicle maintenance
(oil changes) in the A (Agricultural) Zone District.
LEGAL: Lot A of Recorded Exemption RE-3062; Being part of SE4 of Section 13, T6N, R65W of
the 6th P.M., Weld County, CO
LOCATION: North of and adjacent to State Highway 392 and west of and adjacent to County Road
49.
PARCEL ID #s: 080313000045
ACRES: +/- 3.99 acres
Zoning Land Use
N A N Cropland
E A E Rural Parcel
S A S SF Residence/Oil and Gas Production Facility
W A W Cropland
COMMENTS:
Proposed site has existing residence, outbuildings and driveway.
Chris Gathman - Planner Ill
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