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Home My WebLink About20150299.tiff • RESOLUTION RE: GRANT ZONING PERMIT, ZPHB14-0005, FOR A HOME OCCUPATION - CLASS II (WELDING BUSINESS) IN THE A (AGRICULTURAL) ZONE DISTRICT - DARREN AND CARRIE LAY WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board of County Commissioners of Weld County, Colorado, on the 28th day of January, 2015, considered the request of Darren and Carrie Lay, 40120 County Road 74, Briggsdale, Colorado 80611, for a Zoning Permit for a Home Occupation - Class II (welding business) in the A (Agricultural) Zone District, and WHEREAS, said zoning permit is on a parcel of land being more particularly described as follows: Lot B of Recorded Exemption No. 0797-02-03 RE-343; being part of the W1/2 NW1/4 and the N1/2 SW1/4 of Section 2, Township 6 North, Range 62 West of the 6th P.M., Weld County, Colorado WHEREAS, the Board of County Commissioners heard all of the testimony and statements of those present, studied the request of the applicant and the recommendation of the Weld County Department of Planning Services and all of the exhibits and evidence presented in this matter and, having been fully informed, finds that this request shall be approved for the following reasons: 1. The submitted materials are in compliance with the application requirements of Section 23-4-990.B of the Weld County Code. 2. It is the opinion of the Board that the applicant has shown compliance with Section 23-4-990.D of the Weld County Code as follows: A. Section 23-4-990.D.1 -- Compatibility with surrounding area, harmony with the character of the neighborhood and its effects upon the immediate area. The applicants are requesting approval for a Home Occupation Class II Permit for a welding business. There is violation case associated with this property; ZCV14-00125. The application states: • The business is incidental and secondary to the use of the dwelling • No more than 50% of the dwelling and accessory building are utilized • Owner and two future employees • Small amount of steel not visible from adjacent properties TiR , J OK1.p.p(>2/i3 2015-0299 PL2539 ZPHB14-0005 - DARREN AND CARRIE LAY PAGE 2 B. Section 23-4-990.D.2. -- The proposal is consistent with the policies and goals of Chapter 22 of this Code. • Section 22-2-20.G (A.Goal 7) states, "County land use regulations should protect the individual property owner's right to request a land use change." • Section 22-2-100.E (C.Goal 5) states, "Minimize the incompatibilities that occur between commercial uses and surrounding properties." • Section 22-2-20.G.2 (A.Policy 7.2) states, "Conversion of agricultural land to nonurban residential, commercial, and industrial uses should be accommodated when the subject site is in an area that can support such development, and should attempt to be compatible with the region." The applicants have stated they live on the property and they are requesting approval of a welding business allowed in the A (Agricultural) Zone District through the Home Occupation Class II Zoning Permit. The activities associated with the business occur onsite and a future shop may be built in two to three years. The applicant stated there will be a small amount of steel not visible from adjacent properties. The applicants have noted that currently Mr. Lay is the only employee but he would like to have two employees in the future as allowed by the Home Occupation Class II Zoning Permit. C. Section 23-4-990.D.3. -- Availability of adequate water and sewage disposal facilities. The property is served by an existing well at Permit No. 225605. The well may not be used to supply water for the proposed business, including customers or employees other than the family members living on the site. In order for the existing well to serve as a water supply for any future employees or other non-residential purposed uses, the well owner would first need to obtain a well permit to allow for such a commercial use(s). Sewage is from an existing septic system (permit number SP-9800104). The septic system is sized for five (5) bedrooms, which is ten (10) people per day. If the use of the septic system exceeds ten (10) people per day, the system must be reviewed by a registered engineer for the additional hydraulic load. The well is permitted for domestic use and must be re-permitted for business use if the house restroom is used for employees. A portable toilet would be an acceptable alternative for employees. D. Section 23-4-990.D.4. -- The general health, safety and welfare of the inhabitants of the area and the county. The requirements of Section 23-1-90 for a Home Occupation - Class II and Conditions of Approval (attached and part of the Home Occupation - Class II Permit - Conditions and Limitations) will ensure that there are adequate provisions 2015-0299 PL2539 ZPHB14-0005 - DARREN AND CARRIE LAY PAGE 3 for the protection of the health, safety, and welfare of the inhabitants of the neighborhood and the County. E. Section 23-4-990.D.5. -- The proposal is consistent with the definition as expressed in Section 23-1-90 of this Chapter. The applicant is requesting a Zoning Permit for a Home Occupation - Class II per the definition in Section 23-1-90. Conditions of Approval have been recommended to mitigate impacts and address concerns of the surrounding property owners. The Conditions of Approval shall be met prior to recording the permit/agreement, and restrictions may be enforced by means of conditions in the permit/agreement. F. Section 23-4-990.D.6. -- The application complies with any Homeowners Association (HOA) standards, if applicable. This parcel is not part of an HOA. G. Section 23-4-990.D.7. -- The proposed zoning permit complies with Division 13 of this Article. The applicant has stated that he is the only employee and would like to add two (2) employees in the future; the activities associated with this home business occur onsite in an existing carport; and the vehicles he has onsite include one (1) semi that he uses for work (not related to the welding business) and one (1) pickup truck and a 25-foot flatbed trailer used for the welding business; and small amounts of steel not visible from adjacent properties. Therefore, it appears as if this request for a zoning permit complies with Division 13- Home Occupation- Class II Permits. H. Section 23-4-990.D.8. -- An access is or can be made available that provides for safe ingress and egress to a public road. All accesses shall be in accordance with Chapter 12, Article V of this Code, and shall endeavor to achieve the goal of no "net increase" in the number of accesses onto adjacent County roads when accesses already exist. The site has two access points available. The access point currently being used is off of CR 74. It is a shared gravel driveway located on Lot A that is being utilized by the applicant and the owner of Lot A. There is not a maintenance agreement in place for the shared drive, but there is 30-foot access easement identified on the deed. A boundary survey has not been provided to verify the location of the physical road in relationship to the access easement. There is also an access point off of CR 81 which is a non-maintained County right-of-way and is shown as the access for Lot B of Recorded Exemption, RE-3343, along with an executed Non-Exclusive License Agreement between the County and the developer of the Recorded Exemption. 2015-0299 PL2539 ZPHB14-0005 - DARREN AND CARRIE LAY PAGE 4 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the request of Darren and Carrie Lay for a Zoning Permit for a Class II Home Occupation (welding business) on the above described parcel of land, which was found to be in compliance with Chapter 23, Article IV, Division 13, of the Weld County Code, be, and hereby is, granted subject to the following conditions: 1. Permittee acknowledges that the issuance of the Home Occupation — Class II permit is conditional upon Permittee's completion of the improvements and/or meeting of the conditions which are described below and depicted in a set of plans provided by Permittee (herein referred to as "Plans"), a copy of which is attached to this document and made a part hereof. 2. Permittee is not allowed to engage in any activity described in the above paragraph and/or any activity related to the business(es) described above, (OR ANY OTHER ACTIVITY WHICH HAS NOT HERETOFORE BEEN PERMITTED), until said improvements have been completed or said conditions have been met. A. Required Conditions: The following conditions must be met at all times throughout the existence of the Home Occupation—Class II permit. 1) HOME OCCUPATION: An incidental use of a DWELLING UNIT for gainful employment of the resident therein. 2) A HOME OCCUPATION - CLASS II may utilize up to fifty percent (50%) of a DWELLING UNIT and/or in ACCESSORY BUILDINGS with appropriate building permits. 3) Such USE is clearly incidental and secondary to the USE of the dwelling for dwelling purposes and shall not change the character thereof. 4) There is no exterior storage, display or sales of materials, goods, supplies or equipment related to the operation of such HOME OCCUPATION, nor of any highly explosive or combustible materials. 5) The use does not create any negative impacts to the public health, safety and general welfare of the adjacent property owners, such as little or no offensive noise, vibration, smoke, dust, odors, lighting, traffic congestion, trash accumulation, heat, glare or electrical interference, or other hazard or nuisance noticeable off the LOT. 2015-0299 PL2539 ZPHB14-0005 - DARREN AND CARRIE LAY PAGE 5 6) The HOME OCCUPATION shall maintain compliance with Health, Building and all other applicable local, state and federal regulations. 7) HOME OCCUPATION — CLASS II: A HOME OCCUPATION - CLASS II shall be conducted by the inhabitants of the DWELLING UNIT plus up to two (2) external employees and comply with all criteria called out in the HOME OCCUPATION definition above. Two (2) associated COMMERCIAL VEHICLES can be included under this application. There shall only be incidental sales of stocks, supplies or products conducted on the premises. Signage: may consist of a maximum of one (1) nonilluminated sign no more than nine (9) square feet in size which must be attached to the face of the DWELLING UNIT. Does not produce traffic volumes exceeding that produced by the DWELLING UNIT by more than sixteen (16) average daily trips, provided adequate off-street parking is provided. Please keep in mind that one (1) vehicle produces two (2) trips, one (1) when arriving and one (1) when leaving. Therefore, an average of only eight (8) cars can come to the property per day. Trips include those produced by the residents for any purpose related to conducting the business, the two (2) employees, clients, deliveries related to the business, etc. Ordinarily, a HOME OCCUPATION — CLASS II shall include uses similar to hair salon, welding shop, tax preparation with customers, etc., provided it meets the criteria set forth. 8) The applicant shall maintain compliance with Section 23-4-990 (Chapter 23 Zoning, Article IV Supplementary District Regulations and Zoning Permits, Division 13 Home Occupation — Class II Permits) of the Weld County Code at all times. 9) All activity, equipment and structures related to the Home Occupation must occur on the same lot as the principal dwelling. 10) The zoning permit shall not be transferable by the applicant and/or owner to any successor. The zoning permit shall terminate automatically upon conveyance or lease of the property. 11) There shall be no parking or staging of commercial vehicles on the County roads or rights-of-way. The applicant shall utilize on-site parking only. 12) If applicable, the applicant shall verify the existing access road is located within the 30-foot easement identified as described on the Deed recorded at reception number 2993999. 2015-0299 PL2539 ZPHB14-0005 - DARREN AND CARRIE LAY PAGE 6 13) If applicable, the applicant shall enter into a non-exclusive license agreement for CR 81. 14) A building permit will be required for any new construction, alteration, addition or manufactured structure on the property to be used for the welding business. Any fuel dispensing over 500 gallons requires Building Permits and Fire District notification letters, above ground tanks and in ground tank require building permits, exception water tanks less than 5,000 gallons. Buildings and structures shall conform to the requirements of the various codes adopted at the time of permit application. Currently, the following have been adopted by Weld County: 2012 International Codes, 2012 International Energy Code, 2011 National Electrical Code, and Chapter 29 of the Weld County Code. A plan review shall be approved and a permit must be issued prior to the start of construction. B. Timing of Improvements: Permittee shall be required to complete all improvements and/or meet the limitations of the foregoing conditions within 30 days of the issuance of the Permit. C. Violation of Terms: If Permittee does not perform as outlined in this document, such non-performance will constitute a violation of Permittee's Home Occupation - Class II permit granted by County, and County will take whatever remedial measures it deems necessary against Permittee. In addition to any other remedy available to the County in law or equity, a failure to meet the conditions will result in the loss of the permit and in the initiation of legal action against the Permittee. D. Engineering Services: In the event that Permittee is required to complete any improvements or meet any conditions which require the services of an engineer, Permittee shall furnish, at its own expense, all such services. The required engineering services shall be performed by a Professional Engineer and Land Surveyor registered in the State of Colorado, and shall conform to the standards and criteria established by the County for public improvements. The required engineering services shall consist of, but not be limited to, surveys, designs, plans and profiles, estimates, construction supervision, and the submission of necessary documents to the County. E. Successors and Assigns: This Home Occupation - Class II permit may not be delegated, transferred or assigned in whole or in part by Permittee. This Permit shall terminate immediately upon the sale of the Property and or commercial enterprise, the cessation of the commercial enterprise, or the death of the Permittee (if the Permittee is an individual). County's rights and obligations under this Agreement shall automatically be delegated, transferred or assigned to any municipality which, by and 2015-0299 PL2539' ZPHB14-0005 - DARREN AND CARRIE LAY PAGE 7 through annexation proceedings, has assumed jurisdiction and maintenance responsibility over the roads affected by this Agreement. F. County Engineer: All references in this Agreement to "County Engineer" shall refer to any individual or individuals appointed by the County Engineer to act on his/her behalf. G. Violation of Terms of Agreement: If in County's opinion, Permittee has violated any of the terms and conditions set forth in this document, County shall notify Permittee of its belief that there have been violation(s) and shall state with specificity the facts and circumstances which County believes constitute the violation(s). Permittee shall have fifteen (15) days within which to either cure the violation or demonstrate compliance. If, after fifteen (15) days have elapsed, County believes in good faith that there has been a violation of the terms of this Agreement, County shall initiate proceedings to revoke the Home Occupation —Class II permit. H. Termination of Permit: A Home Occupation — Class II permit shall terminate upon the earliest of the following events: 1) Cessation of all Permit Related Activities: Termination of the Permit shall occur upon Permittee's complete cessation of all activities permitted under the terms of the Permit. Permittee shall provide written notice to County of a cessation of activity, which County shall then verify. If written notice is not provided to County, termination of the Permit shall occur three (3) years after County observes the cessation of the activities for which the Permit was issued. 2) Execution of Replacement "Home Occupation — Class II Agreement": The Agreement shall terminate following County's execution of a new Home Occupation — Class II Agreement with a new Permittee who has purchased or then inhabits the Property, and intends to make use of the rights and privileges available to it through the then existing Home Occupation — Class II permit. 3) Sale or Transfer of Property and/or Commercial Enterprise: The Permit shall immediately terminate upon Permittee's sale or transfer of the property upon which the commercial enterprise is conducted. The Permit shall also terminate immediately upon Permittee's sale or transfer of the commercial enterprise. Governmental Immunity: No term or condition of this agreement shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. 2015-0299 PL2539 ZPHB14-0005 - DARREN AND CARRIE LAY PAGE 8 J. No Third Party Beneficiary Enforcement: It is expressly understood and agreed that the enforcement of the terms and conditions of a Home Occupation — Class II permit, and all rights of action relating to such enforcement, are strictly reserved to the County. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 28th day of January, A.D., 2015. BOARD OF COUNTY COMMISSIONERS W D COUNTY, C LORADO tom{ �,�,/ ATTEST: dot/1*v ei;ek arbara Kirkmeyer, Chair Weld County Clerk to the Board ( 4. o Mike Freeman, Pro-Tem BY De t6 y��t0._,, o the Board I!� , � c �— ' a\ Sean P. Conway APPROVED AS TO FOR � � (` "-'�� 1♦1 �� ulie A. ozad County Attorney1861 / `�.-' � 1121 l� Steve Moreno Date of signature. 1 2015-0299 PL2539 1861 ' _ DEPARTMENT OF PLANNING SERVICES ZONING PERMIT FOR A HOME OCCUPATION -CLASS II ADMINISTRATIVE REVIEW CaPNTY PLANNER: Tiffane Johnson HEARING DATE: January 28, 2015 CASE NUMBER: ZPHB14-0005 APPLICANT: Darren and Carrie Lay ADDRESS: 40120 County Road 74 REQUEST: Zoning Permit for a Home Occupation - Class II (welding business) in the A (Agricultural)Zone District LEGAL Lot B of Recorded Exemption No. 0797-02-3 RE-3343 being a portion of the DESCRIPTION: West 1/2 of Northwest 1/3 and the North 1/2 of the Southwest 1/4 of Section 2, Township 6 North, Range 62 West of the 6th P.M., Weld County, CO PARCEL#: 0797-02-3-00-017 PARCEL SIZE: 85.77 acres ZONE DISTRICT: Agricultural LOCATION: One mile east of County Road 79 and approximately one-half mile south of County Road 74 WATER SOURCE: Well Permit#225605 SEWER SOURCE: Septic System SP-9800104 The Department of Planning Services' staff has received referral responses with comments from the following agencies: Weld County Department of Public Health and Environment, referrals dated September 15, 2014 > Weld County Department of Public Works, referral dated August 26, 2014 • Weld County Department of Building Inspection, referral September 22, 2014 • Weld County Zoning Compliance, referral dated August 25, 2014 • Greeley Soil Conservation District, referral dated August 20, 2014 `> Division of Water Resources, referral dated September 12, 2014 The Department of Planning Services' staff has not received responses from the following agencies: • Briggsdale Fire Protection District > West Greeley Soil Conservation District • Weld County School District RE-10 > Colorado Parks and Wildlife Zoning Permit for a Class II Home Occupation Page 1 of 9 2015-0299 Per Section 23-1-90 of the Weld County Code, the definition of a Home Occupation is: HOME OCCUPATION: An incidental use of a DWELLING UNIT for gainful employment of the resident therein, where: a. Whether a CLASS I or CLASS II, a HOME OCCUPATION may utilize up to fifty percent(50%) of a DWELLING UNIT and/or in ACCESSORY BUILDINGS with appropriate building permits. b. Such USE is clearly incidental and secondary to the USE of the dwelling for dwelling purposes and shall not change the character thereof. c. Hours of operation for public access shall be limited between 7:00 a.m. and 7:00 p.m. d. There is no exterior storage, display or sales of materials, goods, supplies or equipment related to the operation of such HOME OCCUPATION, nor of any highly explosive or combustible materials. e. Does not create any negative impacts to the public health, safety and general welfare of the adjacent property owners, such as little or no offensive noise, vibration, smoke, dust, odors, lighting, traffic congestion, trash accumulation, heat, glare or electrical interference, or other hazard or nuisance noticeable off the LOT. f. HOME OCCUPATIONS shall maintain compliance with Health, Building and all other applicable local, state and federal regulations. Ordinarily, a HOME OCCUPATION shall not be interpreted to include the following: clinic, HOSPITAL, nursing home, animal hospital, HOTEUMOTEL, RESTAURANT, mortuary, vehicle or boat repair (including painting) or organized classes where more than six (6) persons meet together for instruction on a regular basis(does not include classes sponsored by a PUBLIC SCHOOL). HOME OCCUPATION- CLASS I: A HOME OCCUPATION -CLASS I shall be conducted solely by the inhabitants of the DWELLING UNIT and comply with all criteria called out in the HOME OCCUPATION definition above. The site shall not be accessible by the public. Signage: may consist of a maximum of one (1) nonilluminated sign no more than one (1) square foot in size which must be attached to the face of the DWELLING UNIT. Ordinarily, a HOME OCCUPATION — CLASS I shall include similar uses to home office (no customers), cake decoration and internet sales, etc. A day care home (eight [8] or fewer children under the age of sixteen [16]) shall be considered a CLASS I HOME OCCUPATION. HOME OCCUPATION - CLASS II: A HOME OCCUPATION - CLASS II shall be conducted by the inhabitants of the DWELLING UNIT plus up to two (2) external employees and comply with all criteria called out in the HOME OCCUPATION definition above. Two (2) associated COMMERCIAL VEHICLES can be included under this application. There shall only be incidental sales of stocks, supplies or products conducted on the premises. Signage: may consist of a maximum of one (1) nonilluminated sign no more than nine (9) square feet in size which must be attached to the face of the DWELLING UNIT. Does not produce traffic volumes exceeding that produced by the DWELLING UNIT by more than sixteen (16) average daily trips, provided adequate off-street parking is provided. Please keep in mind that one (1)vehicle produces two (2) trips, one(1)when arriving and one (1)when leaving. Therefore, an average of only eight (8) cars can come to the property per day. Trips include those produced by the residents for any purpose related to conducting the business, the two (2) employees, clients, deliveries related to the business, etc. Ordinarily, a HOME OCCUPATION — CLASS II shall include uses similar to hair salon, welding shop, tax preparation with customers, etc., provided it meets the criteria set forth. Section 23-4-990.C.5. of the Weld County Code states, "When, in the opinion of the Department of Planning Services, an applicant has not met one(1) or more of the standards of Paragraphs 23-4-990 D.1 through 8 and/or negative responses are received from at least thirty percent (30%) of the surrounding property owners within five hundred (500) feet of the subject property, a hearing shall be scheduled before the Board of County Commissioners." Zoning Permit for a Class II Home Occupation Page 2 of 9 This case comes before the Board of County Commissioners for the following reasons: • The Department of Planning Services has received responses from at least thirty percent (30%) of the surrounding property owners. The surrounding property owners identify a number of concerns however, the letters identify the point of access as the primary concern for the Home Occupation and have requested access to the business to be restricted to CR 81; a non-maintained section line access. • Per Section 23-1-90 HOME OCCUPATION d. no exterior storage is allowed and material shall be enclosed. The applicant has not specified the location of his equipment and materials storage. • Hours of operation do not specify hours of business vs. hours open to public for delivery and pick up of goods and services and therefore, do not appear to be consistent with the hours as required in 23-1-90 HOME OCCUPATION c. Hours of operation for public access shall be limited between 7:00 a.m. and 7:00 p.m. • The total number of traffic trips has not been provided. The applicant shall provide documentation that the business does not produce traffic volumes exceeding that produced by the DWELLING UNIT by more than sixteen (16)average daily trips. Summary of Surrounding Property Owners Concerns Staff has received letters and phone calls from surrounding property owners and lesses who have expressed concerns about the application. The neighbors concerns about the application are driven more about the location of the access the applicant is using rather than the type of home occupation business. They have indicated it was their understanding that based on the Recorded Exemption, the letter they signed initiated by the developers of the Recorded Exemption and the approved Non-Exclusive License Agreement done in conjunction with the Recorded Exemption; that access to Lot B was intended to come from County Road 81. The neighbors primary concern is about the commercial nature of the traffic (trucks, equipment, trailers, etc.) using the site as it relates to the proximity of the existing home on Lot A, the number of vehicles, noise, speeds driven on the access road, and the hours of operation. As a result the following information is provided as background. Background: The subject property is part of a two lot Recorded Exemption RE-3343 and is surrounded by large parcels. It is the only Recorded Exemption in Section 2, Township 6 North, Range 62 West. The configuration of the Recorded Exemption is situated so that the subject parcel (Lot B) lies south of Lot A and approximately 1750± feet south of County Road 74; the closest county maintained roadway. The Recorded Exemption plat RE-3343 was recorded in September of 2002. On the plat access for Lot A is identified to come off of County Road 74 and access to Lot B is identified along CR 81; a section line non-county maintained roadway. A Non-Exclusive License Agreement was executed with the developer for RE-3343 and recorded October 4, 2002. Along with the Non-Exclusive License Agreement for CR 81, the developers also provided a letter signed by four surrounding property owners also utilizing CR 81 informing them of their intent use County Road 81 as their access. On October 4, 2002 the developers of RE-3343 sold Lot A and on the deed included a 30 foot easement for ingress and egress over the west 30 feet of Lot A for the benefit of Lot and Lot B of RE-3343 in addition to the access shown on the recorded plat. Lot B, the subject property, was purchased by the applicant in 2013 and utilizes the existing access drive across Lot A. It is unknown by staff where the physical road lies in Zoning Permit for a Class II Home Occupation Page 3 of 9 relationship to the 30 foot easement created by deed. Further, it is unknown by staff if any owner past or present, Lot B ever utilized the section line access as indicated on the Recorded Exemption or letter associated with the Non-Exclusive License Agreement. There are 7 (seven) parcels adjacent to the subject property ranging from 160 acres to 35 acres. There are 6 existing residences in close proximity. The closest residence is approximately 1200± feet north of the property and the farthest is approximately 2800± feet south of the property. The site is gently sloping and the improvements are located toward the west side in a low spot near the middle of the property. Description: The applicant is requesting approval of a zoning permit for a Home Occupation - Class II a welding business. The applicants have been operating the business from their home without the proper land use permits and have an active Zoning Violation ZCV14-00125. This case has not been presented to the Weld County Court Magistrate through the Violation Hearing process. If this application is approved, the zoning violation will be corrected. If this case is denied, the commercial welding business shall be removed from the property within 30 days of denial or the violation will proceed in court accordingly. Currently, the welding business consists of one employee who is the property owner. The applicant is requesting to have 2 employees in the future; as allowed by the Class II permit. The stated hours of operation are Monday-Friday from 5 p.m. to 9 p.m. and Saturday and Sunday from 7 a.m. to 5 p.m. The application materials indicate that a pickup truck and 25' flatbed trailer are used for the proposed welding business and that owner has a semi-truck on the property that he uses for his primary job. The application materials indicate a small amount of steel is stored on the property and that it is not visible from adjacent properties. The application materials do not indicate where the welding occurs or where the steel is stored however, the applicant has indicated in discussion with staff the welding activity occurs in the existing carport. Staff received phones calls and correspondence from surrounding property owners indicating opposition and concern about the business. Copies of the letters provided are included in the application materials. The resident of Lot A has contacted staff numerous times with concerns of the impacts to his property and rural lifestyle as the access road being used by the applicant is located near his home. In addition, one Surrounding Property Owner Notification letter was received indicating no conflicts. The following is a summary of concerns outlined in letters of opposition: • Access—public right of way should be utilized via County Road 81 for business and will limit activity near the Blake house on Lot A • Unregulated hours of operation and truck trips • Noise created by diesel trucks and trailers on the road all hours of the night • Lack of consideration for neighbors • Devaluation of property • Traffic and dust control • Industrial welding creates an unsafe community • Compatibility with surrounding agricultural and will detract from the rural setting • Access is unsuitable from County Road 74- Should only be supported if access is from County Road 81 • Lack of adequate fire suppression and increased chances for wildfire 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 23-4-990. B of the Weld County Code. Zoning Permit for a Class II Home Occupation Page 4 of 9 2. It is the opinion of the Department of Planning Services' staff that the applicant has shown compliance with Section 23-4-990.D.1. thru D.B. of the Weld County Code as follows: A. Section 23-4-990.D.1. -- Compatibility with surrounding area, harmony with the character of the neighborhood and its effects upon the immediate area. The applicants are requesting approval for a Home Occupation Class II Permit for a welding business. There is violation case associated with this property; ZCV14-00125. The application states: • The business is incidental and secondary to the use of the dwelling • No more than 50% of the dwelling and accessory building are utilized • Hours of operation are 5:00 p.m. to 9:00 p.m. Monday— Friday and 7 a.m. to 9 p.m. Saturday and Sunday • Owner and two future employees • Small amount of steel not visible from adjacent properties B. Section 23-4-990.D.2. -- The proposal is consistent with the policies and goals of Chapter 22 of this Code. Section 22-2-20.G - A.Goal 7 states, "County land use regulations should protect the individual property owner's right to request a land use change." Section 22-2-100.E. - C.Goal 5. States, "Minimize the incompatibilities that occur between commercial uses and surrounding properties." Section 22-2-20.G.2 - A.Policy 7.2 states, "Conversion of agricultural land to nonurban residential, commercial, and industrial uses should be accommodated when the subject site is in an area that can support such development, and should attempt to be compatible with the region." The applicants have stated that they live on the property and they are requesting approval of a welding business allowed in the Agricultural Zone District through the Home Occupation Class II Zoning Permit. The activities associated with the business occur onsite and that a future shop may be built in 2-3 years. The applicant stated there will be a small amount of steel not visible from adjacent properties. The applicants have noted that currently he is the only employee but would like to have two employees in the future as allowed by the Home Occupation Class II Zoning Permit. C. Section 23-4-990.D.3. --Availability of adequate water and sewage disposal facilities. The property is served by an existing well at Permit No. 225605 . The well may not be used to supply water for the proposed business including customers or employees other than the family members living onsite. In order for the existing well to serve as a water supply for any future employees or other non-residential purposed, the well owner would first need to obtain a well permit to allow for such a commercial use(s). Sewage is from a an existing septic system (permit number SP-9800104) . The septic system is sized for 5 bedrooms, which is 10 people per day. If the use of the septic system exceeds 10 people per day the system must be reviewed by a registered engineer for the additional hydraulic load. The well is permitted for domestic use and must be re-permitted for business use if the house restroom is used for employees. A portable toilet would be an acceptable alternative for employees. D. Section 23-4-990.D.4. -- The general health, safety and welfare of the inhabitants of the area and the county. The requirements of Section 23-1-90 for a Home Occupation - Class II and Conditions of Approval (attached and part of the Home Occupation - Class II Permit - Conditions and Limitations)will ensure that there are adequate provisions for the protection of health, safety, Zoning Permit for a Class II Home Occupation Page 5 of 9 and welfare of the inhabitants of the neighborhood and the County. E. Section 23-4-990.D.5. --The proposal is consistent with the definition as expressed in Section 23- 1-90 of this Chapter. The applicant is requesting a Zoning Permit for a Home Occupation - Class II per the definition in Section 23-1-90. Based on this information, the applicant is eligible for a (ZPHB) Zoning Permit for a Home Occupation - Class II. The approval of the zoning permit may be conditioned or restricted to carry out the intent of Section 23-1-90 of this Chapter or to mitigate impacts or address concerns of referral agencies. Conditions of approval shall be met prior to recording the permit/agreement, and restrictions may be enforced by means of conditions in the permit/agreement. Conditions of approval have been recommended to mitigate impacts and address concerns of the surrounding property owners. F. Section 23-4-990.D.6. -- The application complies with any Homeowners Association (HOA) standards, if applicable. This parcel is not part of an HOA. G. Section 23-4-990.D.7. --The proposed zoning permit complies with Division 13 of this Article. The applicant has stated that he is the only employee and would like to add two (2) employees in the future; the activities associated with this home business occur onsite in an existing carport; and the vehicles he has onsite include one semi that he uses for work (not related to the welding business) and 1 pickup truck and a 25 foot flatbed trailer used for the welding business; and small amounts of steel not visible from adjacent properties. Therefore, it appears as if this request for a zoning permit complies with Division 13- Home Occupation-Class II Permits. H. Section 23-4-990.D.8. --An access is or can be made available that provides for safe ingress and egress to a public road. All accesses shall be in accordance with Chapter 12, Article V of this Code, and shall endeavor to achieve the goal of no"net increase"in the number of accesses onto adjacent County roads when accesses already exist. The site has two access points available. The access point currently being used is off of CR 74. It is a shared gravel driveway located on Lot A that is being utilized by the applicant and the owner of Lot A. There is not a maintenance agreement in place for the shared drive but there is 30' access easement is identified on the deed. A boundary survey has not been provided to verify the location of the physical road to in relationship to the access easement. There is also an access point off of CR 81 which is a non-maintained county right of way and is shown as the access for Lot B on Recorded Exemption RE-3343 plat along with an executed Non-Exclusive License Agreement between the county and the developer of the Recorded Exemption. 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. If approved by the Board of County Commissioners staff's recommendation for approval is conditional upon Statement of Terms and Conditions and Limitations. Permittee acknowledges that the issuance of the Home Occupation — Class II permit is conditional upon Permittee's completion of the improvements and/or meeting of the conditions which are described below and depicted in a set of plans provided by Permittee (herein referred to as "Plans"), a copy of which is Zoning Permit for a Class II Home Occupation Page 6 of 9 attached to this document and made a part hereof. Permittee is not allowed to engage in any activity described in the above paragraph and/or any activity related to the business(es) described above, (OR ANY OTHER ACTIVITY WHICH HAS NOT HERETOFORE BEEN PERMITTED), until said improvements have been completed or said conditions have been met. A. Required Conditions: The following conditions must be met at all times throughout the existence of the Home Occupation—Class II permit. 1. HOME OCCUPATION: An incidental use of a DWELLING UNIT for gainful employment of the resident therein, where: 2. Whether a CLASS I or CLASS II, a HOME OCCUPATION may utilize up to fifty percent (50%) of a DWELLING UNIT and/or in ACCESSORY BUILDINGS with appropriate building permits. 3. Such USE is clearly incidental and secondary to the USE of the dwelling for dwelling purposes and shall not change the character thereof. 4. Hours of operation for public access shall be limited between 7:00 a.m. and 7:00 p.m. 5. There is no exterior storage, display or sales of materials, goods, supplies or equipment related to the operation of such HOME OCCUPATION, nor of any highly explosive or combustible materials. 6. Does not create any negative impacts to the public health, safety and general welfare of the adjacent property owners, such as little or no offensive noise, vibration, smoke, dust, odors, lighting, traffic congestion, trash accumulation, heat, glare or electrical interference, or other hazard or nuisance noticeable off the LOT. 7. HOME OCCUPATIONS shall maintain compliance with Health, Building and all other applicable local, state and federal regulations. 8. HOME OCCUPATION — CLASS II: A HOME OCCUPATION - CLASS II shall be conducted by the inhabitants of the DWELLING UNIT plus up to two (2) external employees and comply with all criteria called out in the HOME OCCUPATION definition above. Two (2) associated COMMERCIAL VEHICLES can be included under this application. There shall only be incidental sales of stocks, supplies or products conducted on the premises. Signage: may consist of a maximum of one (1) nonilluminated sign no more than nine (9) square feet in size which must be attached to the face of the DWELLING UNIT. Does not produce traffic volumes exceeding that produced by the DWELLING UNIT by more than sixteen (16) average daily trips, provided adequate off- street parking is provided. Please keep in mind that one (1) vehicle produces two (2) trips, one (1) when arriving and one (1) when leaving. Therefore, an average of only eight (8) cars can come to the property per day. Trips include those produced by the residents for any purpose related to conducting the business, the two (2) employees, clients, deliveries related to the business, etc. Ordinarily, a HOME OCCUPATION — CLASS II shall include uses similar to hair salon, welding shop, tax preparation with customers, etc., provided it meets the criteria set forth. 9. The applicant shall maintain compliance with Section 23-4-990 (Chapter 23: Zoning, Article IV Supplementary District Regulations and Zoning Permits, Division 13 Home Occupation— Class II Permits) of the Weld County Code at all times. 10. All activity, equipment and structures related to the Home Occupation must occur on the same lot as the principal dwelling. 11. The zoning permit shall not be transferable by the applicant and/or owner to any successor. The zoning permit shall terminate automatically upon conveyance or lease of the property. 12. There shall be no parking or staging of commercial vehicles on the County roads or rights- of-way. The applicant shall utilize on-site parking only. 13. If applicable, the applicant shall verify the existing access road is located within the 30' easement identified as described on the deed recorded at reception number 2993999. 14. If applicable, the applicant shall enter into a non-exclusive license agreement for CR81. 13. A building permit will be required for any new construction, alteration, addition or manufactured structure on the property to be used for the welding business. Any fuel Zoning Permit for a Class II Home Occupation Page 7 of 9 dispensing over 500 gallons require Building Permits and Fire District notification letters, above ground tanks and in ground tank require building permits, exception water tanks less than 5,000 gallons. 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 Residential Building Code; 2012 International Energy Code; 2012 International 2011 National Electrical Code; and Chapter 29 of the Weld County Code. A plan review shall be approved and a permit must be issued prior to the start of construction. B. Timing of Improvements: Permittee shall be required to complete all improvements and/or meet the limitations of the foregoing conditions within 30 days of the issuance of the Permit. C. Violation of Terms: If Permittee does not perform as outlined in this document, such non- performance will constitute a violation of Permittee's Home Occupation - Class II permit granted by County, and County will take whatever remedial measures it deems necessary against Permittee. In addition to any other remedy available to the County in law or equity, a failure to meet the conditions will result in the loss of the permit and in the initiation of legal action against the Permittee. D. Engineering Services: In the event that Permittee is required to complete any improvements or meet any conditions which require the services of an engineer, Permittee shall furnish, at its own expense, all such services. The required engineering services shall be performed by a Professional Engineer and Land Surveyor registered in the State of Colorado, and shall conform to the standards and criteria established by the County for public improvements. The required engineering services shall consist of, but not be limited to, surveys, designs, plans and profiles, estimates, construction supervision, and the submission of necessary documents to the County. E. Successors and Assigns: This Home Occupation - Class II permit may not be delegated, transferred or assigned in whole or in part by Permittee. This Permit shall terminate immediately upon the sale of the Property and or commercial enterprise, the cessation of the commercial enterprise, or the death of the Permittee (if the Permittee is an individual). County's rights and obligations under this Agreement shall automatically be delegated, transferred or assigned to any municipality which, by and through annexation proceedings, has assumed jurisdiction and maintenance responsibility over the roads affected by this Agreement. F. County Engineer All references in this Agreement to "County Engineer" shall refer to any individual or individuals appointed by the County Engineer to act on his/her behalf. G. Violation of Terms of Agreement: If in County's opinion, Permittee has violated any of the terms and conditions set forth in this document, County shall notify Permittee of its belief that there have been violation(s) and shall state with specificity the facts and circumstances which County believes constitute the violation(s). Permittee shall have fifteen (15) days within which to either cure the violation or demonstrate compliance. If, after fifteen (15) days have elapsed, County believes in good faith that there has been a violation of the terms of this Agreement, County shall initiate proceedings to revoke the Home Occupation—Class II permit. H. Termination of Permit: A Home Occupation — Class II permit shall terminate upon the earliest of the following events: 1) Cessation of all Permit Related Activities: Termination of the Permit shall occur upon Permittee's complete cessation of all activities permitted under the terms of the Permit. Permittee shall provide written notice to County of a cessation of activity, which County shall then verify. If written notice is not provided to County, termination of the Permit shall occur three (3) years after County observes the cessation of the activities for which the Permit was issued. 2) Execution of Replacement "Home Occupation — Class II Agreement": The Agreement shall Zoning Permit for a Class II Home Occupation Page 8of9 terminate following County's execution of a new Home Occupation— Class II Agreement with a new Permittee who has purchased or then inhabits the Property, and intends to make use of the rights and privileges available to it through the then existing Home Occupation —Class II permit. 3) Sale or Transfer of Property and/or Commercial Enterprise: The Permit shall immediately terminate upon Permittee's sale or transfer of the property upon which the commercial enterprise is conducted. The Permit shall also terminate immediately upon Permittee's sale or transfer of the commercial enterprise. Governmental Immunity: No term or condition of this agreement shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. J. No Third Party Beneficiary Enforcement: It is expressly understood and agreed that the enforcement of the terms and conditions of a Home Occupation —Class II permit, and all rights of action relating to such enforcement, are strictly reserved to the County. If denied by the Board of County Commissioners the business shall be removed from the property within 30 days or the violation case(ZCV14-00125) will proceed accordingly. Zoning Permit for a Class II Home Occupation Page 9 of 9 Notice Pursuant to the zoning laws of the State of Colorado and the Weld County Code, a public hearing will be held before the Board of County Commissioners in the Hearing Room, Weld County Administration Building, 1150 O Street, Greeley, Colorado, at the times specified below. The complete case file may be examined by calling or visiting the office of the Clerk to the Board of County Commissioners, Weld County Administration Building, 1150 O Street, Greeley, Colorado 80631. E-Mail messages sent to an individual Commissioner may not be included in the case file. For inclusion of any correspondence prior to the Board of Commissioners hearing, e-mail egesick@co.weld.co.us. If a court reporter is desired for the hearing, please advise the Clerk to the Board's Office, in writing, at least five (5) days prior to the hearing. The cost of engaging a court reporter shall be borne by the requesting party. In accordance with the Americans with Disabilities Act, if special accommodations are required in order for you to participate in this hearing, please contact the Clerk to the Board's Office at(970) 336-7215, Ext. 4226, prior to the day of the hearing. All cases scheduled before the Board of County Commissioners are subject to continuance, due to lack of quorum or otherwise. Contact the Clerk to the Board's Office at the number above, for hearing continuance information. BOARD OF COMMISSIONERS DATE: January 28, 2015 TIME: 9:00 a.m. APPLICANT: Darren and Carrie Lay PLANNER:Tiffane Johnson REQUEST: Consider Zoning Permit, ZPHB14-0005, for a Home Occupation - Class II (welding business) in the A (Agricultural)Zone District LEGAL DESCRIPTION: Lot B of Recorded Exemption No. 0797-02-3 RE-3343; being a portion of the W1/2 NW1/3 and the N2 SW4 of Section 2, Township 6 North, Range 62 West of the 6th P.M., Weld County, Colorado (See Legal Description for precise location) SIZE: 85.77 Acres DATED: January 16, 2015 cCO N N N N N O .--1 .-4 01 0 .-i (-4 .--1 .--1 N O O O .--1 0 y a) V at 01 .-I 01 r•-• n 01 co n ry n r•-• o N N N N al r N ci .--1 ID .-4 ,-1 ti .-i w - - ,-1 _ _ _ .-I y0 NI W 01 000 W 00 00 000 W o L CO a+ L Y3 N U, 0 u CD U U,W N I- c t 0 it a I- O Q 0 0 0 0 0 0 0 O m u a u a c a a) 00 a) « C c N 3 0 o a a) O) 0.1a) w ) CV t a fo CO fo N CD CO CO CD y 2 a = -0 -0 c -N O a a a m .N ao 00 a) 00 00 0o 00 to a) do m oO 0 c OD on o0 00 a .' 0 m m` m` m` m` m` m` CO m c c a) c O C h- = a) in L v 'Cr a .4 m m v ) ' N N N co 0o 00 r•-• C -o v t v -o V -o w N In co co co CO RI co CD 0 0 ti o ^ K cc K K K K a 00 - . N • Y > Y 4-, H O a L V U cy N J n N J n 3 3 u 0o j J V) U U U ~ U U U U '- 0- co K CO O O O O N V O O O N h m N m o7 n 00 00 01 u t w v a v a Ov a m m M C E m co cU a L -0 Y a u '30 c CO a) fNo .N-� tn ZE co0 a� U Y ENJ o E o Io .. at 0 I o u a c — m W a) a) cc f°5 s_ _Z L U L _cc u _ 0o E u CO a, v N J .. CU .6_, 0 CC m 2 a) Y - l0 3 2 L 3 CO N 1 a 0 I- al > w N JJJ t N ", N 2 s cn _T O .L O , L u o Z N ID n) U >- 0 t t Y C •N CO O 0 LL ai E Y c 13 o C O .-i N a) Z O L C W CO C N C Q U C 0 0.1 ( L cr c a m u o a ° > U E vLa L 0 .--1 W M O C 2 a J E L c 11 SD al y, - W 0 o t CC =Ce = cli c C ` ` C ` m o — F v .5 Ll al ) 1C a Q CU L co W C to c a) — W L co -o y I/1 N Z Y U O N J ('J > I0 11 $ U — it N O lL U WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE THE UNDERSIGNED,States that to the best of his or her knowledge the attached list is a true and accurate list of the names,addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property(the surface estate)within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us,and has not been modified from the original. The list compiled for the records of the Weld County Assessor was assembled within thirty days of the applications submission date. ., t.,g'LAI sat)/ �✓�^�_ . "/' Signature Date Property Owners Within 500 ft.of Parcel# 079702300017 Account I Parcel Owner Mailing Address M0252207 079702200014 BRUMLEY FAITH I R7937599 079702200014 BRUMLEY FAITH I R7937599 079702200014 BRUMLEY KEVIN P 40278 COUNTY ROAD 74 BRIGGSDALE CO 806117917 M0252207 079702200014 BRUMLEY KEVIN P 40278 COUNTY ROAD 74 BRIGGSDALE CO 806117917 R2077603 079702200016 HAMMAN CHRISTOPHER S PO BOX 872427 WASILLA AK 996872427 R2077603 079702200016 HAMMAN MICHELLE L R2077703 079702300017 LAY CARRIE A R2077703 079702300017 LAY DARREN A 40120 COUNTY RD 74 BRIGGSDALE CO 806117917 R1146586 079702200012 MCELROY SEAN 40030 COUNTY ROAD 74 BRIGGSDALE CO 806117917 R1146486 079702100011 MCKEE LINDA ADAMS PO BOX 125 LUCERNE CO 806460125 R1289996 079703100012 PARKER GARY L 35875 COUNTY ROAD 81 BRIGGSDALE CO 806117900 R1146286 079702300002 RUH MARJORIE L R1146286 079702300002 RUH WILLIAM G 35484 COUNTY ROAD 83 BRIGGSDALE CO 806117701 R1146386 079702400010 SWANSON SUSAN M R1146386 079702400010 SWANSON TIMOTHY H 35480 COUNTY ROAD 83 BRIGGSDALE CO 806117701 R1146786 079703400007 WILL FRED O&MOLLY O C/O LEONARD WILL TRUST 39290 COUNTY ROAD 74 BRIGGSDALE CO 806117919 w Av Surrounding Property Owner r Notification RECEIVED Z G0uNTY August 19, 2014 AU6 28 2014 Weld County Planning Department GREELEY OFFICE 7„ K. The Weld County Department of Planning Services has received the following item for review: Applicant DARREN&CARRIE LAY Case Number. ZPHB14-0005 Please Reply By:September 16,2014 Planner:Tiffane Johnson Project:ZONING PERMIT FOR A HOME BUSINESS-HOME BUSINESS FOR A WELDING OPERATION On parcel(s)of land described as: PT W2NW4/PT N2SW4 SECTION 2,T6N, R62W LOT B REC EXEMPT RE-3343(.06R)of the 6th P.M.,Weld County,Colorado. Location: LOCATED ONE MILE EAST OF CR 79 AND APPROXIMATLY ONE-HALF MILE SOUTH OF CR 74. This notice is being sent to you for your comments regarding an application for a zoning permit. Any comments you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your comments. Any response not received before or on this date will be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner listed above associated with the request. ?<L. We have reviewed the request and find no conflicts with our interest. [] We have reviewed the request and object for the following reasons: Signature r ��^ / d `� !J /�p Date ¢ �L-�� y Address 62-7 i� !_ ) r""(6} Cl(e IC �' C, Weld County Planning Dept. 1555 N 17th Ave,Greeley,CO 80631 (970)353-6100 ext 3540 (970)304-8498 fax _ Surrounding Property Owner ti r ! - - !; Notification :4 L. r i C_C N.nc, August 19, 2014 The Weld County Department of Planning Services has received the following item for review: Applicant:DARREN 6 CARRIE LAY Case Number: ZPHB14-0005 Please Reply By:September 16,2014 Planner:Tiffane Johnson Project:ZONING PERMIT FOR A HOME BUSINESS-HOME BUSINESS FOR A WELDING OPERATION On parcel(s)of land described as: PT W2NW4/PT N2SW4 SECTION 2, T6N,R62W LOT B REC EXEMPT RE-3343(.06R)of the 6th P.M.,Weld County,Colorado. Location: LOCATED ONE MILE EAST OF CR 79 AND APPROXIMATLY ONE-HALF MILE SOUTH OF CR 74. This notice is being sent to you for your comments regarding an application for a zoning permit. Any comments you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your comments. Any response not received before or on this date will be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner listed above associated with the request. [j We have reviewed the request and find no conflicts with our interest rr,�, � A We have reviewed the request and object for the following reasons: —4‘z ,t ' , JCG )t"o 1 'isl t � L.' 5l'tA1`.1,4 -('-':1"-'/\''''-('-':1"-'/\'''' C I '7' ) C..11 0I\le'V) SVAa,lArc- o:C rr:, . Le.,--- tt (C, c,'ke v` n.,,k c•s 1,1;sw.l. c.,\. U.K. i',1 .:-tqc.:1 a?(., b� Ilt.((' ` i k�1b ,;. l6....(. ('.,,`.1t v.,,,...J.,<•.J., i f ,,,emY I - r.r- � t Z.. y 3. 1 1 ikke.k ��',..,, s1+ .Si,•` -I,14's -Cr,-t 5u''4,,'r• >),a,.� l5 AA- ,--Ti,CA, 'Ao� CtT �t k,c .s1,1,,.,let we[60;,3 `,- , elk,in---..9 , ,�;k rk i„ \ l.c. 'ff, y� 1.,..U.4, rvs.fr� we u3Art..'•1 1L. \.,' SZ'(t'1 LAS \,:i,....k tlrC4)C4aFEgi t$ S` /(. ' II r � ,l-t'f6 •7.11 r` !i/ !,, ldf. c.c�/'6.`y 1.. It (')('t( 1" 01)u•f._ (i1,-hlrii n,1f+, LSignalur Date q//I I // 7 Address \'-,1 gel. (1� y/ ''j /(,,i5 I(1, ,;-1 it ` -t.r(-4.1 ?ii„,L ,' OC,"7) 3!S 7errs (2,,,u L 4 - !r7 �} e c - S3 Y3 Weld County Planning Dept 1555 N 17th Ave.Greeley,CO 80631 (970)353-6100 ext 3540 (970)304-6498 fax Surrounding Property Owner 1, Notification -1 di r t RECEIVED L c"6u h T Y August 19, 2014 se 10 2014 Weld County Planning Depalunna GREELEY OFFICE The Weld County Department of Planning Services has received the following item for review: Applicant DARREN&CARRIE LAY Case Number: ZPHBI4-0005 Please Reply By:September 16 2014 Planner:Tiffane Johnson Project ZONING PERMIT FOR A HOME BUSINESS-HOME BUSINESS FOR A WELDING OPERATION On parcel(s)of land described as: PT W2NW4/PT N2SW4 SECTION 2,T6N, R62W LOT B REC EXEMPT RE-3343(.06R)of the 6th P.M.,Weld County,Colorado. Location: LOCATED ONE MILE EAST OF CR 79 AND APPROXIMATLY ONE-HALF MILE SOUTH OF CR 74. This notice is being sent to you for your comments regarding an application for a zoning permit. Any comments you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your comments. Any response not received before or on this date will be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner listed above associated with the request. [] We have reviewed the request and find no conflicts with our interest. [] We have reviewed the request and object for the/ following masons: ate/y �//^'P /A ey�Q/[�� 74TL//rer-s / H Cis di held 16rlive.,..r �'— /!%—/` C:Y-Y /1 f fifer ,Aq AL /ro" i.r.v i-xeee,e eigst,/:� trai/%.^r y an, /yen /14/ TJ{_`i` rT 'es- t / lr;ism A0l� el" C onv a��dee/`N/s c_7'A 5//Le aCectt/`se/71� /Ll:. „lit,s6Atr 'v /l S47 D 6t'-+-' st. es s- >4 �Khye./ M" .SL' .ie (YF�<�J•...7 Attn. 4 Jdot) ;ZS //u, {/ Fps/diee,f.Cca. Signature //l�ty ✓/CEs,r�1¢� / Date / —2 /$/ Address d:L- (..�o a ' c0(/ Weld County Planning Dept, 1555 N 17th Ave,Greeley,CO 80631 (970)353-6100 ext 3540 (970)304-6498 fax From: MaryAnn Blake [squinty1_607@hotmail.com] Sent: Thursday,September 18, 2014 3:04 PM To: Tiffane Johnson Subject: CASE: ZPHB14-0005 We do not want our road as an easement for any business. We want them to access their own easement on County Road 81. We also want to have fire regulations checked to see that it is up to standard. From: plaryAnn @lake To: IffiWields= Subject: CASE:ZPHB14-0005 Date: Thursday,September 18,2014 2:07:13 PM We are not against having a welding business, but are concerned about a wildfire starting from it. If one should start, we live approximately 10-12 miles from the nearest fire station in Briggsdale. We raise wheat and it is extremely dry out here, so our house and property would be heavily damaged or destroyed before the fire dept. could respond. About 1/2 mile down the road a lawnmower hit a rock and sparked a wildfire that went from County Road 83 to County Road 2. It burned peoples'trucks, fields and electrical trucks from the oilfield companies and a couple of outside buildings. Also the noise and clattering from the diesel truck(s) and trailers have woken us up at night or early in the morning. There are customers picking up their trailers that think this road is a racetrack and we only live about 80' from the road. We have had cats run over and have almost been hit ourselves. We have big speed limit signs posted right before you get to our house. We have had the sheriff out here numerous times about the speeding. He said there is nothing that he can do, other than us putting speed bumps up. Darren dug the speed bumps out and said we didn't need them. The dust from vehicles driving up and down the road causes real problems to the heating and air conditioner filters. We have to clean them or buy new ones frequently. These are just a few of the problems wer'e having. RESOLUTION RE: APPROVE NONEXCLUSIVE LICENSE AGREEMENT FOR UPGRADE AND MAINTENANCE OF A PORTION OF WELD COUNTY ROAD 81 AND AUTHORIZE CHAIR TO SIGN -RANDE AND CHERI NEWHARD WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with a Nonexclusive License Agreement for Upgrade and Maintenance of a portion of Weld County Road 81, between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Public Works, and Rande and Cheri Newhard, 40120 Weld County Road 74, Briggsdale, Colorado 80611, with terms and conditions being as stated in said agreement, and WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy of which is attached hereto and incorporated herein by reference. NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado,that the Nonexclusive License Agreement for Upgrade and Maintenance of a portion of Weld County Road 81, between the County of Weld,State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Public Works, and Rande and Cheri Newhard, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is,authorized to sign said agreement. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 23rd day of September, A.D., 2002. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, CO ORADO •ter ATTEST: 114411411 E/1, `‘' ' C � Glenn Vaad, Chair ~-- Weld County Clerk to the tar. F6I r XCUSED DATE OF SIGNING (AYE) avid E. Lo , Pro-Tern BY: i -,• xe- Deputy Clerk to the Bo. : (rb' . J. ells A PPR D AS TO 1= M: EXCUSED DATE OF SIGNING (AYE) iliiam H. Je ke t Q j County Attornby _�l , Robert D. Masden icyDate of signature: - 2002-2591 �C': )j Ae'VVAarr7/ EG0046 371 NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND MAINTENANCE OF WELD COUNTY RIGHT-OF-WAY Sp THIS NONEXCLUSIVE LICENSE AGREEMENT,made and entered into thiss7S day of b(Iambir- ,2002,by and between WELD COUNTY,COLORADO,by and through the Board of County Commissioners of Weld County,Colorado,whose address is 915 Tenth Street,Greeley, Colorado 80631,as First Party, and Rande and Cheri Newhard,as Second Party whose address is 40120 WCR 74,Briggsdale,Colorado 80611. WITNESSETH: WHEREAS,Second Party desires to more effectively access property located at(RE-3343) part of the west '/x of the northwest 1/4, north %z, southwest 1/4 of Section 2, Township 6 North, Range 62 West in the 6th P.M. in Weld County,Colorado,and WHEREAS,First Party is the owner of the right-of-way known as WCR 81 for a distance of 3/4 of a mile south of WCR 74 and located as follows: 60 feet of right-of-way between Sections 2 and 3,Township 6 North,Range 62 West,6'h P.M.in Weld County,Colorado,which is hereinafter referred to as "ROW,"and WHEREAS,ROW is currently not being maintained by First Party, and WHEREAS,Second Party wishes to upgrade and thereafter maintain ROW at his/her/its sole expense in order to provide said more effective access. NOW,THEREFORE,in consideration of the covenants contained herein and the agreements of said Second party to be performed hereunder,and upon the conditions herein stated,First Party does grant to Second Party, its successors and assigns, a nonexclusive license to upgrade and maintain ROW without gating or fencing across the same. The conditions by which Second Party may upgrade and maintain ROW are as follows: 1. First Party retains the right to revoke this Nonexclusive License Agreement at any time for any reason,but such revocation shall not prohibit Second Party's continued use of the ROW for access to Second Party's property,to the extent that such continued use is consistent with the right of the public to use the ROW. First Party shall give Second Party written notice of its intent to revoke this Nonexclusive License Agreement at least ninety(90)days prior to the intended date of revocation. Such notice shall be sent to Second Party by Certified Mail to its address written above or served upon Second Party in accordance with the Colorado Rules of Civil Procedure. Second Party shall have the duty of informing First Party of Second Party's change in address from his address written above. 2. The upgrade and maintenance of ROW by Second Party shall be done in such manner as reasonably prescribed by First Party, which manner shall include, but not be limited to, the following: 1111111 11111 11111111111 IIII 1111111 11111 III 111111111 29933711 of Ii 0.002D 0.00 1 J A"Sukl"Tsukamota a. ROW shall be constructed and maintained as a graded and drained all-weather road. b. If the installation of a cross culvert is required through an existing drainage pattern or ditch,Second Party shall be responsible to supply and install such culvert, which shall be inspected by First Party to ensure adequacy of capacity,strength,and length. Second Party shall be responsible to maintain the culvert after its installation, including periodically cleaning the same. c. If the installation of a cattle guard is required,Second Party shall be responsible to supply and install such cattle guard, which shall meet County standards. Second Party shall be responsible to maintain the cattle guard after its installation,including periodically cleaning the same. d. This Nonexclusive License Agreement does not grant the right to gate or fence ROW for private use,but is intended to provide access to private property. c. Prior to commending work within the ROW,Second Party shall,through the services of a licensed registered surveyor hired and paid for by Second Party, mark the location of the exterior boundaries of the ROW. 3. The upgrade and maintenance of the ROW by Second Party, including those items set forth in Paragraph 1.,above,or any other requirements stated by First Party,shall be at its own expense and without the aid or use of Weld County funds. Second Party shall be responsible for snow removal from ROW, if required to gain access,as part of the maintenance responsibilities referred to herein. 4. Except for the negligence of First Party, Second Party shall indemnify and save harmless First Party, its successors, assigns, employees, and agents from any damage or loss sustained by them or any of them to the extent caused by Second Party's negligence with respect to the upgrade and maintenance of the ROW. 5. Except for the negligence of First Party,Second Party agrees to protect First Party and save and hold it harmless from any and all third party claims and damages that said upgrade and maintenance may directly or indirectly cause to the extent attributable to the negligence of Second Party. Second Party hereby releases First Party,its successors,assigns,employees,and agents from any and all claims and damages of whatsoever character to property owned by Second Party resulting from any act,either on the part of the First Party or on the part of any third party. 6. Second Party shall not assign any or all of its rights under this Nonexclusive License Agreement without first obtaining written consent to such assignment from First Party, which consent shall not be unreasonably withheld. 1111111111111111111111111111111111 Illll III Illll 11111111 2993371 1W04/2002 11:53A Weld County,CO 2 of 4 A 0.00 0 0.00 J.A. "Suki"Tsnkamato 7, The parties hereby agree that neither has made or authorized any agreement with respect to the subject matter of this instrument other than expressly set forth herein, and no oral representation,promise,or consideration different from the terms herein contained shall be binding on either party hereto,or its agents or employees. This Nonexclusive License Agreement embodies all agreements between the parties hereto and there are no promises,terms,conditions,or obligations referring to the subject matter whereof other than as contained herein. 8. If any term or provision of this Nonexclusive License Agreement,or the application thereof to any person or circumstances shall, to any extent, be held invalid or unenforceable, the remainder of this Nonexclusive License Agreement,or the application of such terms or provisions, to a person or circumstances other than those as to which it is held invalid or unenforceable,shall not be affected,and every other term and provision of this Nonexclusive License Agreement shall be deemed valid and enforceable to the extent permitted by law. 9. No portion of this Nonexclusive License Agreement shall be deemed to constitute a waiver of any immunities the parties or their officers or employees may possess, nor shall any portion of this Nonexclusive License Agreement be deemed to have created a duty of care which did not previously exist with respect to any person not a party to this Nonexclusive License Agreement. 10. It is expressly understood and agreed that the enforcement of the terms and conditions of this Nonexclusive License Agreement,and all rights of action relating to such enforcement,shall be strictly reserved to the undersigned parties and nothing in this Nonexclusive License Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Nonexclusive License Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Nonexclusive License Agreement shall be an incidental beneficiary only. It is mutually understood and agreed that this Nonexclusive License Agreement and all the terms and conditions hereof shall extend to and be binding upon the parties hereto,their successors, and assigns. M�\W PFILES\AG REEMNTNon-exclusive\newhard-agr.wpd 11111111111111111111111111111111111111111111111111111 239of 4 fl�0.00 Z0 0,00�J..AA. "Sold"Tsultarn to EXECUTED IN DUPLICATE the day and year first above written. FIRST PARTY:. WELD COUNTY,COLORAD✓fnr.V4 ough the BOARD OF COUNTY COMMISSIONERS OF WEL CO 20 J y 43 Q ATTEST: Clerk to e o d Jult` / 1/49�� By: 114--4—,—. (2.4„,c, Deputy Clerk •,O7/fg�y' f Glenn Vaad ,Chair Av'r�� (09/23/2002) SECOND PARTY: Title: ig 7k SUBSCRB3EDID SWORN to before me this to day of ,20 Oad, By /Il1iP. Oamr0� WITNESS my hand and official seal Notary Public My commission expires: g iti(oib(u m:\wpfileskagreerrent\non-exclusivelnonexclusive-form.agr.wpd updated 11/2001 JAN/E ' -r:• .o•LO • 0*. per o c��GRA�O. 111111111111111111111111111111111111111111111111111111111111t 2993371 10/0412002 11:534 :Meld CounW, CO 4 0l 4 R 0.00 D 0.00 J.A. Sulu"Tsulmmoto 4 $ MEMORANDUMS 23 /.1 3: 35 (#011 "lige TO: Clerk to the Board DATE: Sept. 17,2002 FROM: Frank B. Hempen,Jr., COLORADO Director of Public Works/County Engineer SUBJECT: Agenda Item Please submit the enclosed item for the Board's next agenda: Non-Exclusive License Agreement for the Upgrade and Maintenance of Weld County Right-of-Way on WCR 81 with Rande and Cheri Newhard The appropriate documentation is attached. Enclosures pc: Don Carroll,Engineering Administrator MA W PIILES`.Francic\AGENDA.MEM 2002-2591 C.J. Newhard 40120 WCR 74 Briggsdale, CO 80611 Weld County, 9-9-02 To comply with our nonexclusive right of way agreement we have contacted the following land owners for the notification that the property known as 40120 WCR 74, Briggsdale, CO. ,will be using county road 81 as the legal access for this property. Sincerely, C.J.Newhard Gary Parka Fred Will Dennis Kyne 4719 W. S°St 34914 WCR 79 40030 WCR74 Greeley,CO 80634 Briggsdale,CO 80611 Briggsdale,CO 80611 0,200.2 iQgt/ I L N 1 34 35 36 Witt 7¢ i , el a -•<„, 13 u r , 3 10 11 12 W v e d J i --------- 15 14 13 Road File# RE: . ; Other Case No. APPENDIX B WELD COUNTY ROAD ACCESS INFORMATION SHEET Weld County Public Works Department Date: IX*Z I(I 1 H Street,P.O.Box 758, Greeley,CO 80632 Phone: (970)356-4000,Ext.3750 Fax: (970)304-6497 (9201(9201� 3oZ-SIDo(a a QO I. Applicant Name tea `` .+ • N.+J,, Phone(q1O) ti954# 37'7( - Address t City ties;mse4 State S`Zip 'Olo 1.l 2. Address or location of access t Section Z. Township Les Range l° p Subdivision t1,a'— - Block ('\a+.s— Lot . Weld County Road # 744 Side of Road _,,. Distance from nearest intersection ejr,p'1t. Welt & 3. Is there an existing access to the property? Yes No #of accesses f2 4. Proposed Use: Permanent Jilf Residential/Agricultural 0 Industrial 0 Temporary O Subdivision • 0J" Commercial O Other yi -f 5. Site Sketch ' a� Legend for Access Description: L____.AG = Agricultural • +bt" , RES = Residential �� O&G = Oil&Gas •Q� D.R. = Ditch Road g4i-094441 ••VI, ^QreQ / I.• atumeial M' , 7 f OFFICE USE ONLY: Road -'G" ADT :•a Date - - Accidents Date Road / ADT Date Accidents Date Drainage Requirement Culvert Size Length Special Conditions 4 O Installation authorized O lnfomiation Insufficient Reviewed By: '' _ Title: r' . . ••• fOgrif ' i . .. • .41 • 4r1. , „--,e.0, . . , . . . II . .1 -ft . 1 ' , . • -a;40 ' a al / SCHULTZ STEVEN R JOHNSTON KELLY A RUH WILLIAM G to .. EN-COLE FAMILY TRUSI( 1/2 It I ••V • • ^..yt . - . r • ' 9 - .l.. r' y, Ml• r 'I . }• z s I • it: filir OP • H • ` tR '. <_ MCKEE LINDA ADAMS ! flits t KEVIN Pr , WA4 4r... -..'71 *....; . • 1 1A'�`" PARKER GARY L ri,BRLILI .w.",e-- J y ''. mi. fir: Ry! ! Es A 1 o � a M. = • E,, , LN f41t. ; 'I 4. ill, • a.. • r . ~ ' 1• tit t I9jr 9y �.P R ' 4 4 4.- --*--" • . r 31-1 1 4 ‘' . 'IN WI. ' ' M.: t . . . . r III"s • ' LAY DARREN A I' • SWANSON TIMOTHY H 11 iii WILL FRED O 4:4414. :1) LY 'o , f• r- �`f_.' a's'. . ., g , '! �; t• • f , � 1, If � � - h ` • 4 i . RUH WILLIAM G tr • I r ' .e . / 7";,/ ^ • at• 44Si. 41 • PARKS AMBERLY A ANDERSON THURSTON P III s. . �' �i ' RUH WILLIAM M G , .. t. ; A � > _ i si !fa iN 91 c € s/ 5 a I I to is ;kl I eal;: >�'4 1.1ste Vii: 1=p{7 p 3 a ! E ¢ r 8gia �...r''- g N Will r r I I I 1 :I s' k'.. % ,,1§ — �i Esl'O cA 3t I° ; - a ' Y !i� - 3 1. `mss F9 _ ! n:, ihis _ 0V l " 1O sI-p5;6,1 n-' Y ! it a`rign [3111 I:Xl i Il i6 I p fi liq l� pti ZV F k ^ yy . 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'ie`��:, iv EL isf Sad r Q i� z :!e ° a !: s 8Epex i :i h g ' Dio = M _ Hirai 3 aa tQ 4 8 y� 8^1 a 3! a Q°5 r.! �> 01 i 7. : I -1* U o r1 } JHJII fig �, l €� �ta.R 1 { yfa$ 5tiAl.'k iaDli !i: U1I! :'jt !i ii 11-Iiii a. '15 pp a� a? lil x 93 AD��s 1;1!!bk A�a��9 ' Sla Sn 'i1 i'l C- ! e • e a O w °g`r c ! Q6Q,s $i 'p!p�$€!y. ��4sm bl°!T.a � w 9� aDiDDiiAD : 5 �4'9i=a a°Sg,ED h} o I r I I' {{ij� 1 ''gs! �. 0 ® 001 0 A ® ®9 ®O 0 .1132 o;,,t1 Lu- W ° "1 t'Mi C. c edit!@' Nor1b Line Sec.2,1 WCR 74 (*G0' ROW) (OW Cer.Sec.2 TiN,R62W a 5307.06 uH 589°24'oa"E 2453.53' 3°. `i cg 2453.3 ' �450 po' 874.77' '— y — - z 11VV�� „....$ II n/Ca .1 True PeUnt of QNW Cur.E Y2 I ®N Y4 Cor.5ec.2 z F L72+2 <t 8':ginr+ NW%} I TbN,Rb2� �� II as No.4 Rebo9 I I '10 Lot A Aree4- EP: !1W lit NE1� Grees.34.9844AC= I , co.Ra.Row. O.GQ38Ac•- • pI I Net 343808 Ac! .c O b Q * I — �. 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U N 11° S)e,5W) la uK " ©sr,c.c.bec2 I �GC 6'- — 24!3.78' TVA,R621,4 `off M°e ° SW C.r, bec.2, N87• 2613]B' J2 0 41'37"W 5227.56 W V ( 74 N R42 W — di I- mo„- BP;;' South Line Sec.2 999 2993999 ItM 11111110111��I� 11111111 1111%%%1111 it��VIII 1 of 1 R 6,00 D 3.50 J.A, Saki Taukamoto WARRANTY DEED 1,x�. � F657214K\0 THIS DEEO, Made this 4th day of October , 2002, W fir_ 3.56 between Ronde Newhard and Cheri Newhard 1-" of the County of Weld and State of Colorado grentor,md Christopher S. Haman and Michelle L. Hammen whose legal address is 435 N. 35th Avenue *487, Greeley, CO 80634 of the County of Weld and State of Colorado ,grantees: WITNESS,That the grantor,for and in consideration of the sum of THIRTY FIVE THOUSAND AND NO/100-- DOLLARS,($35,000.00 ),the receipt and sufficiency of which is hereby acknowledged,has granted bargained,sold and conveyed,and by these presents does grant.bar- gain,sell,convey and confirm unto the grantees,their heirs and assigns forever,not in tenancy in common but in Joint tenancy, all the real property together with inweovenrenla.if any,situate,lying and being in the County of Weld and Stare of Colorado.described as follows: Lot A, Recorded Exemption No. 0797-02-3 RE3343, being a potion of the Northwest 1/4 of Section 2, Township 6 North, Range 62 West of the 6th P.M., (not yet of record), Subject to a 30 foot easement for ingress and egress over the West 30 feet of Lot A from Weld County Road '74 to 40120 Weld County Road 74 for the benefit and use of Lots A and B of Recorded Exemption No. 0797-02-3 RE3343, County of Weld, State of Colorado also known by street and number as Vacant Land, Briggadale, CO 80611 TOGETHER with all and singular the bereditamenis and appurtenances thereunto belonging,or in anywise appertaining,and the reversion and reversions,remainder and remainders,teats,issues and profits thereof.and all the estate,right,title,interest, claim and demand whatsoever of the grantor,either in law or equity,of,in and to the above bargained prernsea with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described,with the appummrces,unto the grantees,their heirs and assigns forever. And the grantor.for himself,his heirs and personal representatives.does covenant,grant.bargain and agree to and with the grantees.their heirs and assigns,that at the time of the caseating and delivery of these presents,he is well seized of the premises above conveyed.has good. sue,perfect,absolute and indefeasible estate of inheritance, in law, in fee simple,and has good right full power and lawful authority to grant,bargain,sell and convey the same in manner and foam as aforesaid,and that the sane are free and clear from all former and other grants,bargains,sales,liens,taxes,assessments, encumbrances and restrictions of whatever kind or nature soave. except for taxes for the current year,alien but not yet due and payable,end those spec&Exceptions described by reference to recorded documents as reflected In the Title Documents accepted by Buyer in accordance with section Sa little Review],of the contract dated August 3, 2002 between the parties. The grantor shall and will WARRANT AND FOREVER DEPEND the above-bargainedpunisea in the quiet and peaceable posses- sion of the grantees.their heirs and assigns,against as and every person or persona lawfully claiming the whole or any per thereof. The singular number shall include the plural,the plural the singular,and the use of any gender shall applicable to all genders. IN WI Wy muted this deed on the date set forth ve. nde Newhard r STATE OP COLORADO )ss. COUNTY OP WELD The foregoing instrument was acknowledged before me this 4th day of October , 2002,by Ronde Newhard and Cheri Newhard My Commission expires: May 20, 2003 Witness my hand and official weal.. 1L�d Notary Pub lic Mary E. Broswell WARRANTY D®(te Tort Taal')rnosrrao R6 a UO572t6A0r k 1/27/2015 s_ y• - i NOTIFICATION SIGN POSTED AT CR74 AND CR81 111101 NOTIFICATION SIGN POSTED ,: . AT LOCATION OF CR 74 AND 30' r ACCESS EASEMENT SITE CONTEXT MAP rig ' .111 ,fir, " z : � sue ' =. ; • "Ns' . . 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