HomeMy WebLinkAbout20142592 ft
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SUMMARY SHEET
Planner: C. Gathman Hearing Date: August 5, 2014
Case Number: USR14-0028
Applicant: Asphalt Specialties Co. Inc. CIO Rob Laird/Gary Stillmunkes
Address: 2425 West Interstate 25 Frontage Road, Erie, CO. 80516
Request: A Site Specific Development Plan and Use by Special Review Permit for any use permitted as
a Use by Right, an Accessory Use, or a Use by Special Review in the Commercial or Industrial
Zone Districts (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 in the A (Agricultural)Zone District.
Legal Part of the N2SE4 of Section 22 lying southeasterly of the Bull Canal, Ti N, R68W of the 6th
Description: P.M., Weld County, CO
Location: West of and adjacent to the West Interstate 25 Frontage Road and approximately 1,300 feet
north of County Road 6.
Size of Parcel: 4- 19.91 acres Parcel No. 146722400035
The criteria for review of this Special Review Permit are listed in Section 23-2-220 of the Weld County
Code.
The Department of Planning Services' staff has received referral responses with comments from the
following agencies:
`v Weld County Department of Planning Services- Engineering, referral dated July 11, 2014
➢ Weld County Department of Building Inspection, referral dated June 26, 2014
• Weld County Department of Public Health and Environment, referral dated June 27, 2014
• Colorado Division of Water Resources, referral dated July 3, 2014
• Town of Erie, referral dated June 4, 2014
• Mountain View Fire Protection District, referral dated June 25, 2014
y Colorado Department of Transportation, referral dated July 22, 2014
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
• Weld County Zoning Compliance, referral dated June 6, 2014
• Weld County Sheriff's Office, referral dated June 3, 2014
The Department of Planning Services' staff has not received responses from the following agencies:
➢ Colorado Parks and Wildlife
➢ United States Army Corps of Engineers
➢ Boulder Valley Soil Conservation District
➢ Town of Frederick
USR14-0028, Asphalt Specialties, Page 1 of 11
➢ City of Dacono
➢ Adams County
➢ City and County of Broomfield
USR14-0028, Asphalt Specialties, Page 2 of 11
SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
z_ C U N-?
Planner: C. Gathman Hearing Date: August 5, 2014
Case Number: USR14-0028
Applicant: Asphalt Specialties Co. Inc. C/O Rob Laird/Gary Stillmunkes
Address: 2425 West Interstate 25 Frontage Road, Erie, CO. 80516
Request: A Site Specific Development Plan and Use by Special Review Permit for any use
permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the
Commercial or Industrial Zone Districts (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 in the A(Agricultural)Zone
District.
Legal Part of the N2SE4 of Section 22 lying southeasterly of the Bull Canal, Ti N, R68W of
Description: the 6th P.M., Weld County, CO
Location: West of and adjacent to the West Interstate 25 Frontage Road and approximately
1,300 feet north of County Road 6.
Size of Parcel: +/- 19.91 acres Parcel No. 146722400035
Case Summary:
The applicants are proposing a heavy equipment repair shop and truck parking/staging area along with
an equipment storage yard. The application indicates up to 14 employees will be working at the shop over
two shifts and up to fifty-five (55)truck drivers that access the site in the morning and return in the
evening. Hours of operation are proposed to be mainly from 6:00 AM - 11:30 PM Monday-Friday with the
possibility of working on weekends on occasion as well. There is a current Use by Special Review Permit
(USR)- USR-1315 for a landscaping materials business of record for this site that is no longer in
operation. The heavy equipment repair shop and truck parking/staging business is currently in operation
and the applicants are applying to properly permit this business as it is not consistent with what was
approved under USR-1315.
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.
USR14-0028, Asphalt Specialties, Page 3 of 11
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.'
Section 22-2-20 I. A. Goal 9 states "Reduce potential conflicts between varying land uses
in the conversion of traditional agricultural lands to other land uses."
Section 22-2-20 I. 5.A.Policy 9.5. states "Applications for a change of land use in the
agricultural areas should be reviewed in accordance with all potential impacts to
surrounding properties and referral agencies."
The proposed Use by Special Review Permit is located on a property previously
approved for a landscaping materials yard under USR-1315. A landscape/screening plan
to screen outdoor storage/staging of vehicles and a lighting plan is attached as a
condition of approval for this case. Truck traffic for this use will be separated from the
residential properties to the south as the trucks will be accessing Interstate 25 to the
north at the County Road 8 (Erie Parkway) intersection. Staff considers this to be a
nonurban industrial use as the site is proposed to be served by a commercial well and
septic systems.
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.
Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the
existing surrounding land uses. The site is located approximately 1,000 feet of north of 8-
10 residences. Two single family residences are located to the northwest of the site. A
fencing business (USR-1622) and excavation business (USR-970). No correspondence
or phone calls from surrounding property owners have been received in regards to this
case. A landscape/screening plan to screen outdoor storage/staging of vehicles and a
lighting plan are attached as conditions of approval for this case. Truck traffic for this use
will be separated from the residential properties to the south as the trucks will be
accessing Interstate 25 to the north at the County Road 8 (Erie Parkway) intersection.
The Colorado Department of Transportation (CDOT) is requiring an access permit for this
use.
C. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with future
development of the surrounding area as permitted by the existing zoning and with the
future development as projected by Chapter 22 of the Weld County Code and any other
applicable code provisions or ordinances in effect, or the adopted Master Plans of
affected municipalities.
The site is located within the three (3) mile referral areas of the City of Dacono, Town of
Erie and Town of Frederick. The Town of Erie in their referral comments, dated June 4,
2014 stated that they object to this application due to the proposed use does not comply
with the Town of Erie Comprehensive Plan and objects to the lack of screening of
outdoor vehicle storage yards from adjacent properties and Interstate 25. A condition of
approval is attached that requires a landscaping/screening plan in response to the Town
of Erie referral comments and county guidelines.
USR14-0028, Asphalt Specialties, Page 4 of 11
The proposed Use by Special Review Permit is located on a property previously
approved for a landscaping materials yard under USR-1315. The site is located adjacent
to the town limits of Erie to the south but is not located within the County's recognized
urban growth boundary for the Town of Erie (defined as being ' mile from existing sewer
lines). The County does not have a coordinated planning agreement with the Town of
Erie. Staff considers this to be a nonurban industrial use as the site is proposed to be
served by a commercial well and septic systems.
The application indicates that all heavy truck traffic associated with the business will
utilize County Road 8 (Erie Parkway) only to exit and enter Interstate 25. No heavy trucks
will be travelling west nor east on County Road 8 beyond the west 1-25 frontage
road/Interstate 25 access points.
E. Section 23-2-220.A.5 -- The application complies with Chapter 23, Article V, of the Weld
County Code. This property is located in the Geological Hazard Overlay District. The
existing site is within the County-Wide Road Impact Fee Area and the Capital Expansion
Impact Fee area.
Building Permits issued on the lot will be required to adhere to the fee structure of the
County-Wide Road Impact Fee Program.
Building Permits issued on the proposed lot will be required to adhere to the fee structure
of the County Facility Fee and Drainage Impact Fee Programs.
F. Section 23-2-220.A.6 -- The applicant has demonstrated a diligent effort to conserve
prime agricultural land in the locational decision for the proposed use.
The proposed facility is located on approximately 158 acres delineated as "Prime"
according to the Prime and Important Farmlands Map of Weld and Larimer Counties per
the 1979 Soil Conservation Service Important Farmlands of Weld County Map. However,
the A-1 Organics operations area covers less than '/, of this parcel. The existing
operations area for A-1 organic is covered by existing buildings and improvements and
has not been in agricultural production for several years. The operations area will not
expand as a result of this amendment.
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 plat:
A. A letter signed by the landowner requesting the vacation of USR-1315 shall be submitted to
the Department of Planning Services. (Department of Planning Services)
B. The applicant shall submit a copy of an approved commercial well permit for the proposed
use. (Department of Public Health and Environment)
USR14-0028, Asphalt Specialties, Page 5 of 11
C. The Colorado Department of Transportation (CDOT) has jurisdiction over all accesses to
the state highways. Provide a copy of an approved access permit from CDOT for this use.
(CDOT)
D. A Geologic Hazard Permit is required. (Weld County Planning Services— Engineer)
E. The applicant shall attempt to address the requirements of the Mountain View Fire
Protection District, as stated in the referral response dated June 25, 2014. Written
evidence of such shall be submitted to the Weld County Department of Planning Services.
(Department of Planning Services)
F. The applicant shall submit a Lighting Plan to the Department of Planning Services, for
review and approval. Any lighting poles and lamps shall comply with Section 23-3-360.F.
which states, in part, that, "any lighting shall be designed, located, and operated in such a
manner as to meet the following standards: sources of light shall be shielded so that beams
or rays of light will not shine directly onto adjacent properties." (Department of Planning
Services)
G. The applicant shall submit a Landscaping/Screening Plan to the Department of Planning
Services for review and approval. All parking areas shall be screened from adjacent
properties and public rights of way. (Department of Planning Services)
H. The applicant shall submit a Signage Plan to the Department of Planning Services, for
review and approval, if signage is desired. Signs shall be in compliance with Chapter 23,
Article IV, Division II and Appendices 23-C, 23-D and 23-E of the Weld County Code.
(Department of Planning Services)
I. The applicant shall submit an updated Parking Plan to the Department of Planning Services
for review and approval. This updated parking plan shall show the dimensions of the drives
and the parking stalls including the ADA parking stalls. The applicant shall comply with
Appendix 23-B of the Weld County Code and the Section 208 of the 2010 Americans with
Disability Act and provide an adequate number of parking stalls. (Department of Planning
Services)
J. The map shall be amended to delineate the following:
1. All sheets of the map shall be labeled USR14-0028 (Department of Planning
Services)
2. The attached Development Standards. (Department of Planning Services)
3. The map shall be prepared in accordance with Section 23-2-260.D of the Weld
County Code. (Department of Planning Services)
4. The applicant shall delineate the trash collection areas. Section 23-3-350.H of the
Weld County Code addresses the issue of trash collection areas. Areas used for
storage or trash collection shall be screened from adjacent properties and public
rights-of-way. These areas shall be designed and used in a manner that will prevent
trash from being scattered by wind or animals. (Department of Planning Services)
5. The Colorado Department of Transportation (CDOT) has jurisdiction over all
accesses to state highways (1-25 Frontage Road). Show the approved CDOT
accesses on the map and label with access permit number if applicable. (CDOT)
6. Show and label the water quality feature/depression on the map. (Department of
USR14-0028, Asphalt Specialties, Page 6 of 11
Planning Services— Engineer)
7. Show and label standard tracking control onto publically maintained roadways on the
map. (Department of Planning Services— Engineer)
8. Show and label the Geologic Hazard Area and Geological Hazard Fault(s) on the
map. (Department of Planning Services— Engineer)
9. The approved Landscape/Screening Plan. (Department of Planning Services)
10. The approved Lighting Plan. (Department of Planning Services)
11. The approved Signage Plan. (Department of Planning Services)
12. The approved Parking Plan. (Department of Planning Services)
2. Upon completion of Condition of Approval #1 above, the applicant shall submit two (2) paper
copies or one (1) electronic copy (.pdf) of the plat for preliminary approval to the Weld County
Department of Planning Services. Upon approval of the plat the applicant shall submit a Mylar
plat along with all other documentation required as Conditions of Approval. The Mylar plat shall
be recorded in the office of the Weld County Clerk and Recorder by the Department of Planning
Services. The plat shall be prepared in accordance with the requirements of Section 23-2-260.D
of the Weld County Code. The Mylar plat and additional requirements shall be submitted within
one hundred twenty (120) days from the date of the Board of County Commissioners Resolution.
The applicant shall be responsible for paying the recording fee. (Department of Planning
Services)
3. In accordance with Weld County Code Ordinance #2012-3, approved April 30, 2012, should the
plat 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 mapsaco.weld.co.us. (Department of Planning Services)
5. Prior to Construction:
A. If more than 1 acre is to be disturbed, a Weld County grading permit will be required prior to
the start of construction. (Department of Planning Services-Engineer)
6. The Use by Special Review activity shall not occur, nor shall any building or electrical permits be
issued on the property, until the Use by Special Review plat is ready to be recorded in the office
of the Weld County Clerk and Recorder or the applicant has been approved for an early release
agreement. (Department of Planning Services)
USR14-0028, Asphalt Specialties, Page 7 of 11
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Asphalt Specialties
USR14-0028
1. A Site Specific Development Plan and Use by Special Review Permit, USR14-0028, 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 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 number of on-site employees shall be commensurate with the number of persons which the
septic system may accommodate in accordance with the requirements of the Weld County Code,
pertaining to Individual Sewage Disposal Systems (I.S.D.S.) Regulations. (Department of Planning
Services)
4. The hours of operation are 6:00 a.m. — 11:30 p.m. Monday — Sunday, as stated by the applicant(s).
(Department of Planning Services)
5. The parking on the site shall be maintained in accordance with the approved Parking Plan.
(Department of Planning Services)
6. The signage on the site shall be maintained in accordance with the approved Signage Plan.
(Department of Planning Services)
7. The lighting on the site shall be maintained in accordance with the approved Lighting Plan.
(Department of Planning Services)
8. The Landscaping/Screening on the site shall be maintained in accordance with the approved
Landscaping/Screening Plan. (Department of Planning Services)
9. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, Section
30-20-100.5, C.R.S.) shall be stored and removed for final disposal in a manner that protects against
surface and groundwater contamination. (Department of Public Health and Environment)
10. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those
wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites
and Facilities Act, Section 30-20-100.5, C.R.S. (Department of Public Health and Environment)
11. Waste materials shall be handled, stored, and disposed of in a manner that controls fugitive dust,
fugitive particulate emissions, blowing debris, and other potential nuisance conditions. The applicant
shall operate in accordance with the approved Waste Handling Plan, at all times. (Department of
Public Health and Environment)
12. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The facility shall be
operated in accordance with the approved Dust Abatement Plan, at all times. (Department of Public
Health and Environment)
13. This facility shall adhere to the maximum permissible noise levels allowed in the non-specified Zone
District, as delineated in Section 14-9-30 of the Weld County Code. (Department of Public Health
and Environment)
USR14-0028, Asphalt Specialties, Page 8 of 11
14. 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)
15. 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)
16. Adequate drinking, hand washing and toilet facilities shall be provided for employees and patrons of
the facility, at all times. As employees or contractors are on site for less than 2 consecutive hours a
day portable toilets and bottled water are acceptable. Records of maintenance and proper disposal
for portable toilets shall be retained on a quarterly basis and available for review by the Weld County
Department of Public Health and Environment. Portable toilets shall be serviced by a cleaner
licensed in Weld County and shall contain hand sanitizers (Department of Public Health and
Environment)
17. Adequate drinking, hand washing and toilet facilities shall be provided for employees and patrons of
the facility, at all times. (Department of Public Health and Environment)
18. Sewage disposal for the facility shall be by septic system. Any septic system located on the property
must comply with all provisions of the Weld County Code, pertaining to Individual Sewage Disposal
Systems. (Department of Public Health and Environment)
19. A permanent, adequate water supply shall be provided for drinking and sanitary purposes. The
facility shall utilize the existing private water supply. (Department of Public Health and Environment)
20. 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)
21. 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)
22. 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)
23. The screening/landscaping/parking/signage/lighting on the site shall be maintained in accordance
with the approved Screening/Landscaping/Parking/Signage/Lighting Plans. (Department of Planning
Services)
24. 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)
25. The historical flow patterns and runoff amounts will be maintained on the site. (Department of
Planning Services-Engineer)
26. There shall be no parking or staging of vehicles on public roads. On-site parking shall be utilized.
(Department of Planning Services-Engineer)
USR14-0028, Asphalt Specialties, Page 9 of 11
27. This property lies within a known Geologic Hazard Area as defined by the Colorado Geological
Survey. (Department of Planning Services-Engineer)
28. Building permits may be required, per Section 29-3-10 of the Weld County Code. Currently the
following has been adopted by Weld County: 2012 International Codes; 2006 International Energy
Code; 2011 National Electrical Code; A building permit application must be completed and two
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 registered
State of Colorado engineer shall be required or an open hole inspection. (Department of Building
Inspection)
29. RESOLUTION #35 Factory Built Nonresidential Structured CRS 24-32-3305- Every Factory-Built
Nonresidential Structure manufactured after the effective date of these regulations that is
manufactured, sold, or offered for sale in this state must display an insignia issued by the Division of
Housing certifying that the unit is constructed in compliance with the standards adopted in schedule
"B"which is incorporated herein and made a part of these Rules and Regulations by reference, and
all other requirements set forth by this resolution. (Department of Building Inspection)
30. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code.
31. Necessary personnel from the Weld County Departments of Planning Services, Public Works, and
Public Health and Environment shall be granted access onto the property at any reasonable time in
order to ensure the activities carried out on the property comply with the Conditions of Approval and
Development Standards stated herein and all applicable Weld County regulations.
32. 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.
33. 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.
34. 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
USR14-0028, Asphalt Specialties, Page 10 of 11
that an agricultural operation shall not be found to be a public or private nuisance if the agricultural
operation alleged to be a nuisance employs methods or practices that are commonly or reasonably
associated with agricultural production.
Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to
assume that ditches and reservoirs may simply be moved "out of the way" of residential development.
When moving to the County, property owners and residents must realize they cannot take water from
irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water.
Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice
the size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of
state and county roads outside of municipalities. The sheer magnitude of the area to be served
stretches available resources. Law enforcement is based on responses to complaints more than on
patrols of the County, and the distances which must be traveled may delay all emergency responses,
including law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who
must leave their jobs and families to respond to emergencies. County gravel roads, no matter how
often they are bladed, will not provide the same kind of surface expected from a paved road. Snow
removal priorities mean that roads from subdivisions to arterials may not be cleared for several days
after a major snowstorm. Services in rural areas, in many cases, will not be equivalent to municipal
services. Rural dwellers must, by necessity, be more self-sufficient than urban dwellers.
People are exposed to different hazards in the County than in an urban or suburban setting. Farm
equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center
pivot operations, high speed traffic, sandburs, puncture vines, territorial farm dogs and livestock, and
open burning present real threats. Controlling children's activities is important, not only for their
safety, but also for the protection of the farmer's livelihood.
USR14-0028, Asphalt Specialties, Page 11 of 11
H N DEPARTMENT OF PLANNING SERVICES
-....._... 186 ,,,,,,.., 1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.co.weld.co.us
E-MAIL: cgathman@co.weld.co.us
�f PHONE: (970) 353-6100, Ext. 3537
r C j . i FAX: (970)304-6498
r
July 11, 2014
LAIRD ROB
10100 DALLAS ST.
HENDERSON, CO 80640
Subject: USR14-0028 - 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 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:
PT N2SE4 SECTION 22, Ti N, R68W ALL THAT PT LYING SELY OF THE BULL CANAL of the 6th
P.M., Weld County, Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on August 5, 2014, at 1:30
p.m. A subsequent hearing with the Board of County Commissioners will be held on September 10,
2014 at 10:00 a.m. Both hearings will be held in the Hearing Room, Weld County Administration
Building, 1150 O Street, Greeley, Colorado. It is recommended that you and/or a representative be in
attendance to answer any questions the Planning Commission members or Board of County
Commissioners may have.
Colorado Revised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01-1088) requires notification of
all mineral estate owners 30 days prior to any public hearing. The applicant needs to provide the Weld
County Planning Department with written certification indicating the above requirement has been met.
A representative from the Department of Planning Services will be out to the property a minimum of ten
days prior to the hearing to post a sign adjacent to and visible from a publicly maintained road
right-of-way which identifies the hearing time, date, and location. In the event the property is not
adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent place
on the property and a second sign posted at the point at which the driveway (access drive) intersects a
publicly maintained road right-of-way.
The Department of Planning Services' staff will make a recommendation concerning this application to
the Weld County Planning Commission and will be included in the staff report one week prior to the
scheduled Planning Commission hearing. You may view the staff report at
www.weldcountyplanningcases.org
If you have any questions concerning this matter, please call.
Respectfully,
I Digitally signed by Kristine Ranslem
Feason:I am the author of this document
`�- w Date:2014.07.1107:34:50-06'00'
Chris Gathman
Planner
h N DEPARTMENT OF PLANNING SERVICES
"••••• Lia ti 1555 N 17th AVE
j ' r ^ GREELEY, CO 80631
WEBSITE: www.co.weld.co.us
E-MAIL: cgathman@co.weld.co.us
PHONE: (970)353-6100, Ext. 3537
N ' Y FAX: (970)304-6498
June 03, 2014
LAIRD ROB
10100 DALLAS ST.
HENDERSON CO 80640
Subject: USR14-0028 - 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 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:
PT N2SE4 SECTION 22, Ti N, R68W 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:
Erie at Phone Number 303-926-2700
Dacono at Phone Number 303-833-2317
Frederick at Phone Number 720-382-5500
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,
A Digitally signeday Krithorioef Fanslem
isdoc
�J\r1�� Fuson:lamtheauthorofthisdocument
1� Date:2014.06.03 07:47:00-0600'
Chris Gathman
Planner
FIELD CHECK inspection dates: 7/2/2014
APPLICANT: Asphalt Specialties Co. Inc.
CASE #: USR14-0028
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for any use permitted
as a Use by Right, an Accessory Use, or a Use by Special Review in the Commercial or
Industrial Zone Districts (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 in the A (Agricultural) Zone District.
LEGAL: Pad of the N2SE4 of Section 22 lying southeasterly of the Bull Canal, TIN, R68W of the
6th P.M., Weld County, CO
LOCATION: West of and adjacent to the West Interstate 25 Frontage Road and approximately 1,300
feet north of County Road 6.
PARCEL ID #s: 146722400035
ACRES: +/- 19.91 acres
Zoning Land Use
N A N Two Single Family Residences
E A E Interstate 25
S A S 10 single family residences on rural residential
parcels approximately 20-feet to the south
W A W Agricultural Parcel
COMMENTS:
Existing buildings and truck parking/equipment storage on site.
Chris Gathman - Planner III
Hello