HomeMy WebLinkAbout20153742.tiff 1! LAND USE APPLICATION
� "' SUMMARY SHEET
Planner: Kim Ogle Hearing Date: November 3, 2015
Case Number: USR15-0047
Applicant: Jimmy Mascarenas
JM Trucking, LLC
Address: 5258 Tall Spruce Street, Brighton, Colorado 80601
Representative: Robert Malloy, PLANSCAPES, 980 Norway Maple Drive, Loveland, Colorado 80538
Request: A Site Specific Development Plan and Use by Special Use Permit for any use permitted
as a use by right, an accessory use, or a use by special review in the Commercial or
Industrial zone districts (heavy equipment - trucking and truck repair shop along with
outside equipment/vehicle storage and staging and more than one cargo container as
an accessory structure), provided that the property is not a lot in an approved or
recorded subdivision plat or lots parts of a map or plan filed prior to adoption of any
regulations controlling subdivisions in the A (Agricultural)Zone District
Legal Lot A of Recorded Exemption No. RECX14-0065 being part of the NW4 of Section 27,
Description: Township 1 North, Range 66 West of the 6th P.M., County of Weld, State of Colorado
Location: Approximately 1330 feet East of County Road 31; South of and adjacent to County
Road 6
Size of Parcel: +/- 26 acres Parcel No. 1471-27-2-00-005
The criteria for review of this Special Review Permit is listed in Section 23-2-220 of the Weld County
Code.
The Department of Planning Services' staff has received referral responses with comments from the
following agencies:
Weld County Zoning Compliance, referral dated August 14, 2015
Y Brighton Fire Protection District, referral dated August 14, 2015
Y State of Colorado, Division of Water Resources, referral dated August 18, 2015
• Weld County Department of Public Health and Environment, referral dated September 8, 2015
• Weld County Department of Planning Services- Engineer, referral dated September 11, 2015
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
• Department of Public Works-Access, referral dated September 11, 2015
➢ City of Fort Lupton Planning, referral dated September 14, 2015
The Department of Planning Services' staff has not received responses from the following agencies:
➢ Adams County Planning
➢ City of Brighton Planning
USR15-0047, Jimmy Mascarenas, Page 1 of 11
➢ Town of Lochbuie Planning
➢ Weld County Sherriff's Office
Weld County School District RE-8
State of Colorado Parks & Wildlife
• West Adams Soil Conservation District
• Weld County Department of Building Inspection
• State of Colorado, Department of Labor& Employment
USR15-0047, Jimmy Mascarenas, Page 2 of 11
L�.1 R ..
I - 7�K C[,‘ SPECIAL REVIEW PERMIT
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r, r ADMINISTRATIVE REVIEW
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Planner: Kim Ogle Hearing Date: November 3, 2015
Case Number: USR15-0047
Applicant: Jimmy Mascarenas
JM Trucking, LLC
Address: 5258 Tall Spruce Street, Brighton, Colorado 80601
Representative: Robed Malloy, PLANSCAPES, 980 Norway Maple Drive, Loveland, Colorado 80538
Request: A Site Specific Development Plan and Use by Special Use Permit for any use permitted
as a use by right, an accessory use, or a use by special review in the Commercial or
Industrial zone districts (heavy equipment - trucking and truck repair shop along with
outside equipment/vehicle storage and staging and more than one cargo container as
an accessory structure), provided that the property is not a lot in an approved or
recorded subdivision plat or lots parts of a map or plan filed prior to adoption of any
regulations controlling subdivisions in the A (Agricultural) Zone District
Legal Lot A of Recorded Exemption No. RECX14-0065 being part of the NW4 of Section 27,
Description: Township 1 North, Range 66 West of the 6'h P.M., County of Weld, State of Colorado
Location: Approximately 1330 feet East of County Road 31; South of and adjacent to County
Road 6
Size of Parcel: +/- 26 acres Parcel No. 1471-27-2-00-005
Case Summary:
The property is proposed for the Mascarenas home and base of operations for the JM Trucking
Company. This company hauls aggregate materials including asphalt. The trucks head out daily Monday
through Saturday empty and return empty from the day's activities. The proposed facility will have two full
time employees on site during business operations and up to 12 drivers accessing the property on a daily
basis. Currently the property has no improvements on site.
There is an active Zoning Violation, ZCV15-00082, initiated due to the operation of a commercial trucking
business without first completing the necessary Weld County Zoning Permits. Planning staff has received
two letters of opposition, one friom the adjacent property owner and one from a property owner directly
south of the point of ingress and egress to the property. All complainants held concerns with traffic, hours
of operation and noise.
This case has not been presented to the Weld County Court Magistrate through the Violation Hearing
process. If this application is approved by the Board of County Commissioners, and the Conditions of
Approval met, and the USR Map recorded, these actions will correct this outstanding violation. If this
application is denied, all but one (1) of the commercial vehicles shall be removed from the property within
30 (thirty)days of denial or the violation will proceed in court accordingly.
USR15-0047, Jimmy Mascarenas, Page 3 of 11
DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE
APPROVED FOR THE FOLLOWING REASONS:
1. The submitted materials are in compliance with the application requirements of Section 23-2-260
of the Weld County Code.
2. It is the opinion of the Department of Planning Services' staff that the applicant has shown
compliance with Section 23-2-220 of the Weld County Code as follows:
A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other
applicable code provisions or ordinance in effect. Section 23-2-220.A.1. A.Policy 7.1.
states "County land use regulations should support commercial and industrial uses that
are directly related to, or dependent upon, agriculture, to locate within the agricultural
areas, when the impact to surrounding properties is minimal, or can be mitigated, and
where adequate services are currently available or reasonably obtainable." The heavy
equipment - trucking and truck repair shop along with outside equipment/vehicle storage
and staging facility is presently in operation on site and is located in an area that allows
good access to the oil field and construction areas.
Section 22-2-100.E. C.Goal 5. States "Minimize the incompatibilities that occur between
commercial uses and surrounding properties." The proposed facility is a flagpole
configuration with a thirty foot in width access south of County Road 6 with a majority of
land located approximately 600 feet to the south. Given correspondence received from
surrounding property owners, staff will require the outdoor storage/staging of vehicles to
be screened; a Parking Plan to address the parking location on the property to mitigate
the impacts of noise and exhaust onto neighboring properties and as a condition of
approval the lights will be directed downward and away from neighboring properties.
Staff will also restrict the hours of operation, maintenance and on-site commercial activity
to 5:00am to 10:00pm daily. .
B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A
(Agricultural) Zone District. Section 23-3-40.S of the Weld County Code lists any use
permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the
Commercial or Industrial Zone Districts (Heavy Equipment and Truck Repair Shop along
with outside equipment/vehicle storage and staging) provided that the property is not a
Lot in an approved or recorded subdivision plat or lots parts of a map or plan filed prior to
adoption of any regulations controlling subdivisions as a Use by Special Review in the A
(Agricultural)Zone District.
C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the
existing surrounding land uses. The surrounding properties located predominately to the
north northwest and west southwest of County Road 6 were created by Recorded
Exemption and are of varying size. Adjacent properties south of County Road 6 were
created by Recorded Exemption and range in area from 6 — 10 acres in area. There are
four residences in the immediate area with several additional residences in the general
area. From the property line looking to the East is the Fortenberry — Smith property with
their residence located approximately 435 feet from the eastern property line; to the north
is the Soto residence located approximately 394 feet and the Massey property located
approximately 539 feet from the northern property line at the point of ingress and egress
from County Road 6; to the west there are no immediate neighbors and to the south is
the Rael residence located at a distance greater than 800 feet from the southern property
line. Planning staff has received two letter of opposition, the first letter is from the
Fortenberry's adjacent property owner to the east with concerns regarding the operation
of a trucking company without first obtaining the appropriate land use permits, and the
second letter was received from Mr. Davis was opposed to the operation of a commercial
business in the rural agricultural zoned community. Mr. Davis cited increased traffic,
dust, roadside trash, noise, disruption to the quality of life that the community values and
USR15-0047, Jimmy Mascarenas, Page 4 of 11
enjoys. As previously stated, staff is requiring the outdoor storage /staging of vehicles to
be screened; a Parking Plan to address the parking location on the property to mitigate
the impacts of noise and exhaust onto neighboring properties and as a condition of
approval the lights will be directed downward and away from neighboring properties.
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 three miles of the City of Fort Lupton,
the City of Brighton, the Town of Lochbuie and Adams County The City of Fort Lupton
returned a referral dated September 14, 2015 stating the City had reviewed the request
and find no conflicts with their interests. The City of Brighton, the Town of Lochbuie and
Adams County did not return a referral.
E. Section 23-2-220.A.5 -- The application complies with Chapter 23, Article V, of the Weld
County Code. The existing site is not located within the Floodplain, Airport or Geologic
hazard areas. The property is located within the County-Wide Road Impact Fee Area
and the Capital Expansion Impact Fee area.
Building Permits issued on the lot will be required to adhere to the fee structure of the
County-Wide Road Impact Fee Program.
Building Permits issued on the proposed lot will be required to adhere to the fee structure
of the County Facility Fee and Drainage Impact Fee Programs.
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 26 acres designated "Other" on the
eastern side of the parcel and "Prime If they become irrigated" on the western side of the
parcel per the 1979 Soil Conservation Service Important Farmlands of Weld County Map.
The site does not have irrigation water rights and the land area not disturbed by the site
improvements will be left in native grasses.
G. Section 23-2-220.A.7 — There is adequate provisions for the protection of the health,
safety, and welfare of the inhabitants of the neighborhood and County.
The Design Standards (Section 23-2-240, Weld County Code), Operation Standards
(Section 23-2-250, Weld County Code), Conditions of Approval and Development
Standards can ensure that there are adequate provisions for the protection of health,
safety, and welfare of the inhabitants of the neighborhood and County.
This recommendation is based, in part, upon a review of the application materials submitted by the
applicant, other relevant information regarding the request, and responses from referral entities.
The Department of Planning Services' staff recommendation for approval is conditional upon the
following:
1. Prior to recording the USR map:
A. The applicant shall attempt to address the requirements (concerns) of the Greater Brighton
Fire Protection District, as stated in the referral response dated August 14, 2015. Written
evidence of such shall be submitted to the Weld County Department of Planning Services.
(Department of Planning Services)
B. The applicant shall submit a Screening Plan to the Department of Planning Services for
USR15-0047, Jimmy Mascarenas, Page 5 of 11
review and approval. All parking areas shall be screened from adjacent properties and
public rights of way. (Department of Planning Services)
C. The map shall be amended to delineate the following:
1. All sheets of the map shall be labeled USR15-0047 (Department of Planning
Services)
2. The attached Development Standards. (Department of Planning Services)
3. The map shall be prepared in accordance with Section 23-2-260.D of the Weld
County Code. (Department of Planning Services)
4. The applicant shall delineate the trash collection areas. Section 23-3-350.H of the
Weld County Code addresses the issue of trash collection areas. (Department of
Planning Services)
5. The Landscape/Screening shall be shown on the map in accordance with Section 23-
3-250.A.5 of the Weld County Code. (Department of Planning Services)
6. The Lighting shall be shown on the map in accordance with Section 23-3-250.B.6 of
the Weld County Code. (Department of Planning Services)
7. The Parking shall be shown on the map in accordance with Section 23-3-250.A.2 of
the weld County Code. (Department of Planning Services)
8. County Road 6 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. The applicant shall delineate on the site plan the existing right-of-way. All
setbacks shall be measured from the edge of right-of-way. This road is maintained
by Weld County. (Department of Planning Services-Engineer)
9. Show and label the approved access, (AP15-00435) on the site plan. (Department of
Planning Services-Engineer)
10. Show and label all easements with the recorded document reception number and
date on the site plan. (Department of Planning Services)
11. The oil and gas setback radiuses for existing wellheads and tank batteries on the site
shall be indicated in accordance with Section 23-3-50.E of the Weld County Code.
12. Show and label the accepted drainage features and drainage flow arrows on the site
plan. Water quality features should be labeled as "Water Quality Feature, No-Build or
Storage Area, Volume =4757-ft3" (Department of Planning Services-Engineer)
13. Show and label the Western Area Power Administration, Hoyt — Terry Street
Transmission Line Easement, Reception number 3597344, dated December 31,
2008.
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 USR 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.
USR15-0047, Jimmy Mascarenas, Page 6 of 11
The applicant shall be responsible for paying the recording fee. (Department of Planning
Services)
3. In accordance with Weld County Code Ordinance #2012-3, approved April 30, 2012, should the
map not be recorded within the required one hundred twenty (120) days from the date of the
Board of County Commissioners Resolution, a $50.00 recording continuance charge shall added
for each additional three (3) month period. (Department of Planning Services)
4. The Department of Planning Services respectfully requests a digital copy of this Use by Special
Review, as appropriate. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation);
acceptable GIS formats are ArcView shapefiles or ArcGIS Personal GeoDataBase (MDB).. The
preferred format for Images is .tif (Group 4). (Group 6 is not acceptable). This digital file may be
sent to maps@co.weld.co.us. (Department of Planning Services)
5. 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 Public Works)
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)
USR15-0047, Jimmy Mascarenas, Page 7 of 11
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
JM Trucking Company, LLC
Jimmy Mascarenas
USR1 5-0047
I. A Site Specific Development Plan and Use by Special Use Permit, USR15-0047, for any use
permitted as a use by right, an accessory use, or a use by special review in the commercial or
industrial zone districts (heavy equipment - trucking and truck repair shop along with outside
equipment/vehicle storage and staging), provided that the property is not a lot in an approved or
recorded subdivision plat or lots parts of a map or plan filed prior to adoption of any regulations
controlling subdivisions in the A (Agricultural) Zone District, 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. — 10:00 p.m. Monday — Sunday, as stated by the applicant(s).
(Department of Planning Services)
4. The number of employees shall be restricted to 14 persons with 2 employees employed on site as
stated in the application materials. (Department of Planning Services)
5. All signs shall adhere to Chapter 23, Article IV, Division 2 and Appendices 23-C, 23-D and 23-E of the
Weld County Code. (Department of Planning Services)
6. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act,
30-20-100.5, C.R.S.) shall be stored and removed for final disposal in a manner that protects against
surface and groundwater contamination. (Department of Public Health and Environment)
7. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those
wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites
and Facilities Act, 30-20-100.5, C.R.S. (Department of Public Health and Environment)
8. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust,
fugitive particulate emissions, blowing debris, and other potential nuisance conditions. The applicant
shall operate in accordance with Chapter 14, Article 1 of the Weld County Code. (Department of
Public Health and Environment)
9. Fugitive dust should attempt to be confined on the property. Uses on the property should comply with
the Colorado Air Quality Commission's air quality regulations. (Department of Public Health and
Environment)
10. This facility shall adhere to the maximum permissible noise levels allowed in the Non-Specified Zone
as delineated in Section 14-9-30 of the Weld County Code. (Department of Public Health and
Environment)
11. Adequate drinking, hand washing and toilet facilities shall be provided for employees and patrons of
the facility, at all times. For employees or contractors on site for less than 2 consecutive hours a day,
and 2 or less full time employees on site, 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)
USR15-0047, Jimmy Mascarenas, Page 8 of 11
12. Process wastewater (such as floor drain wastes) shall be captured in a watertight vault and hauled off
for proper disposal. Records of installation, maintenance, and proper disposal shall be retained.
(Department of Public Health and Environment)
13. Any vehicle or equipment washing areas shall capture all effluent and prevent discharges in
accordance with the Rules and Regulations of the Water Quality Control Commission, and the
Environmental Protection Agency. (Department of Public Health and Environment)
14. 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)
15. The facility shall comply with all provisions of the State Underground and Above Ground Storage
Tank Regulations. (Department of Public Health and Environment)
16. 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)
17. 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)
18. The screening/landscaping on the site shall be maintained on site. (Department of Planning Services)
19. 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)
20. The site shall be maintained to mitigate any impacts to the public road including damages and/or
offsite tracking. (Planning and Engineering)
21. There shall be no parking or staging of vehicles on public roads. On-site parking shall be utilized.
(Department of Public Works)
22. The historical flow patterns and runoff amounts will be maintained on the site. (Department of
Planning Services-Engineer)
23. Weld County is not responsible for the maintenance of onsite drainage related features. (Department
of Planning Services-Engineer)
24. 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 2014 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)
25. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code.
26. 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
USR15-0047, Jimmy Mascarenas, Page 9 of 11
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.
27. 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.
28. 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.
29. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of the most
abundant mineral resources, including, but not limited to, sand and gravel, oil, natural gas, and coal.
Under title 34 of the Colorado Revised Statutes, minerals are vital resources because (a) the state's
commercial mineral deposits are essential to the state's economy; (b) the populous counties of the
state face a critical shortage of such deposits; and (c) such deposits should be extracted according to
a rational plan, calculated to avoid waste of such deposits and cause the least practicable disruption
of the ecology and quality of life of the citizens of the populous counties of the state.
Mineral resource locations are widespread throughout the County and person moving into these
areas must recognize the various impacts associated with this development. Often times, mineral
resource sites are fixed to their geographical and geophysical locations. Moreover, these resources
are protected property rights and mineral owners should be afforded the opportunity to extract the
mineral resource.
30. WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive agricultural counties
in the United States, typically ranking in the top ten counties in the country in total market value of
agricultural products sold. The rural areas of Weld County may be open and spacious, but they are
intensively used for agriculture. Persons moving into a rural area must recognize and accept there
are drawbacks, including conflicts with long-standing agricultural practices and a lower level of
services than in town. Along with the drawbacks come the incentives which attract urban dwellers to
relocate to rural areas: open views, spaciousness, wildlife, lack of city noise and congestion, and the
rural atmosphere and way of life. Without neighboring farms, those features which attract urban
dwellers to rural Weld County would quickly be gone forever.
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area. Well-run agricultural
activities will generate off-site impacts, including noise from tractors and equipment; slow-moving
farm vehicles on rural roads; dust from animal pens, field work, harvest and gravel roads; odor from
animal confinement, silage and manure; smoke from ditch burning; flies and mosquitoes; hunting and
trapping activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and
fertilizers in the fields, including the use of aerial spraying. It is common practice for agricultural
producers to utilize an accumulation of agricultural machinery and supplies to assist in their
agricultural operations. A concentration of miscellaneous agricultural materials often produces a
visual disparity between rural and urban areas of the County. Section 35-3.5-102, C.R.S., provides
that an agricultural operation shall not be found to be a public or private nuisance if the agricultural
operation alleged to be a nuisance employs methods or practices that are commonly or reasonably
associated with agricultural production.
Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to
assume that ditches and reservoirs may simply be moved "out of the way" of residential development.
When moving to the County, property owners and residents must realize they cannot take water from
irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water.
USR15-0047,Jimmy Mascarenas, Page 10 of 11
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.
USR15-0047,Jimmy Mascarenas, Page 11 of 11
N DEPARTMENT OF PLANNING SERVICES
"••••• Lia ti 1555 N 17th AVE
1C77 ^ GREELEY, CO 80631
WEBSITE: www.co.weld.co.us
, E-MAIL: kogle@co.weld.co.us
�j, PHONE: (970)353-6100, Ext. 3549
C Y / FAX: (970)304-6498
August 14, 2015
MALLOY ROBERT
15492 CR 6
LOVELAND, CO 80537
Subject: USR15-0047 - A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL USE
PERMIT FOR ANY USE PERMITTED AS A USE BY RIGHT, AN ACCESSORY USE, OR A USE BY
SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS (HEAVY
EQUIPMENT - TRUCKING AND TRUCK REPAIR SHOP ALONG WITH OUTSIDE
EQUIPMENTNEHICLE STORAGE AND STAGING), PROVIDED THAT THE PROPERTY IS NOT A
LOT IN AN APPROVED OR RECORDED SUBDIVISION PLAT OR LOTS PARTS OF A MAP OR PLAN
FILED PRIOR TO ADOPTION OF ANY REGULATIONS CONTROLLING SUBDIVISIONS IN THE A
(AGRICULTURAL)ZONE DISTRICT
On parcel(s)of land described as:
PART NW4 SECTION 27, T1N, R66W LOT A REC EXEMPT RECX14-0065 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:
Brighton at Phone Number 303-655-2000
Fort Lupton at Phone Number 303-857-6694
Lochbuie at Phone Number 303-655-9308
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,
Digitallyo signed by his of Ranslem
Reason:I am the author of this document
Date:2015.08.14 09:34:57-06'00'
Kim Ogle
Planner
FIELD CHECK USR15-0047 Inspection Date: October 9, 2015
Applicant: Jimmy Mascarenas
JM Trucking, LLC
Request: A Site Specific Development Plan and Use by Special Use Permit for any use
permitted as a use by right, an accessory use, or a use by special review in the
Commercial or Industrial zone districts (heavy equipment - trucking and truck repair
shop along with outside equipment/vehicle storage and staging), provided that the
property is not a lot in an approved or recorded subdivision plat or lots parts of a map
or plan filed prior to adoption of any regulations controlling subdivisions in the A
(Agricultural) Zone District
9 Lot A of Recorded Exemption No. RECX14-0065 being part of the NW4 of Section 27,
LeDescription: Township 1 North, Range 66 West of the 6th P.M., County of Weld, State of Colorado
Location: Approximately 1330 feet East of County Road 31; South of and adjacent to County
Road 6
Size of Parcel: +/- 26 acres Parcel 1471-27-2-00-005
No.
Zoning Land Use
N AGRICULTURE N RESIDENCE WITH PADDOCKS AND MAKESHIFT
STRUCTURES FOR HORSES
E AGRICULTURE E HEAVILY LANDSCAPED RESIDENCE WITH
DRYLAND AGRICULTURE
S AGRICULTURE S TRANSMISSION CORRIDOR, SINGLE FAMKILITY
RESIDENCE
W AGRICULTURE W DRYLAND AGRICULTURE
Comments:
PROPERTY IS ACCESSED FROM A COUNTY MAINTAINED ALL WEATHER ROAD ONTO A
PRIVATELY MAINTAINED GRAVEL ROAD PROVIDING ACCESS TO A SINGLE FAMILY RESIDENCE
AND THE PARKING AND STORAGE YARD ASSOCIATED WITH JM TRUCKING. THE PARKING
AREA IS FENCED IN CHAIN LINK WITH 3-STRAND BARBED WIRE OUTRIGGER WITH ONE
ENTRANCE GATE THAT SLIDES OPEN. THERE ARE TWO CONEX CONTAINERS THAT APPEAR
TO BE UTILIZED FOR STORAGE AND PROVIDE A WORK AREA OUT OF THE WIND. THERE ARE
SEVERAL DERELICT VEHICLES WITHOUT CURRENT TAGS, SOME CONSISTING OF A BODY
ONLY. THERE ARE ORGANIZED AREAS WITH TRUCK PARTS ADJACENT TO THE NORTH FENCE
PLACED ON THE GRAVEL SURFACE. THE SERVICE YARD IS GRAVELED AND PITCHED TO
DRAIN TO THE WEST. A WESTERN TRANSMISION LINE CORRIDOR IS ADJACENT TO THE
SOUTH. THERE APPEARS TO BE NO SITE UTILITIES.
Signal r
❑ House(s) ❑ Derelict Vehicles ❑ Outbuilding(s)
❑ Access to Property ❑ Site Distance ❑ Topography
❑ Utilities On-Site (transmission lines)
Note any commercial business/commercial vehicles that are operating from the site. JM TRUCKING ON
PREMISES AND OIPERATING
1861 ,p DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
1 11`` ++!r ,^,1 GREELEY,CO 80631
WEBSITE:www.co.weld.co.us
�,r� E-MAIL: kogle@co.weld.co.us
cL"J Jli PHONE: (970)353-6100,Ext. 3549
— N T FAX: (970)304-6498
October 12,2015
MALLOY ROBERT
15492 CR 6
LOVELAND,CO 80537
Subject: USR15-0047 - A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL USE
PERMIT FOR ANY USE PERMITTED AS A USE BY RIGHT, AN ACCESSORY USE, OR A USE BY
SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS (HEAVY
EQUIPMENT - TRUCKING AND TRUCK REPAIR SHOP ALONG WITH OUTSIDE
EQUIPMENT/VEHICLE STORAGE AND STAGING), PROVIDED THAT THE PROPERTY IS NOT A
LOT IN AN APPROVED OR RECORDED SUBDIVISION PLAT OR LOTS PARTS OF A MAP OR PLAN
FILED PRIOR TO ADOPTION OF ANY REGULATIONS CONTROLLING SUBDIVISIONS IN THE A
(AGRICULTURAL)ZONE DISTRICT
On parcel(s)of land described as:
PART NW4 SECTION 27,TIN,R66W LOT A REC EXEMPT RECX14-0065 of the 6th P.M.,Weld
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on November 3,2015,at 12:30
p.m. A subsequent hearing with the Board of County Commissioners will be held on December 9,2015
at 10:00 a.m. Both hearings will be held in the Hearing Room, Weld County Administration Building,
1150 0 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.weldcou ntyplanningcases.org
Page 2 of 2
If you have any questions concerning this matter, please call.
Respectfully,
Digitally signed by Kristine Ranslem
Reason:I am the author of this document
Date:2015.10.12 15:47:27-06'00'
Kim Ogle
Planner
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