HomeMy WebLinkAbout20143317.tiff ti� tf
TTh) If, pi LAND USE APPLICATION
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• SUMMARY SHEET
Planner: Kim Ogle Hearing Date: October 7, 2014
Case Number: USR14-0045
Applicant: Barts Venture LLC, c/o Randy Kneebone, Kneebone Trucking
Address: 1384 Reliance Court, Erie, Colorado 80516
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 (Trucking and Truck Repair Shop for Kneebone Excavating
&Trucking Company along with Outside Equipment, Vehicle Storage and Staging; and
Recreational Vehicle, Boat and Camper Trailer Storage), provided that the property is
not a lot in an approved or recorded subdivision map 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 SW4 of Section 22, Ti N, R67W of the 6th P.M., Weld County, CO
Description:
Location: East of and adjacent to County Road 19, 0.5 miles South of County Road 8
Size of Parcel: +/- 13 acres Parcel No. 1469-22-3-00-081
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 Public Works—Access, referral dated July 28, 2014
• Weld County Zoning Compliance, referral dated August 5, 2014
y Fort Lupton Fire Protection District, referral dated August 5, 2014
• Weld County Department of Public Works, referral dated August 11, 2014
City of Fort Lupton Planning, referral dated August 13, 2014
• New Brantner Ditch Company, referral received August 19, 2014
y Weld County Department of Public Health and Environment, referral dated August 22, 2014
y State of Colorado Division of Water Resources, referral dated August 28, 2014
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
• Weld County Sherriff's Office, referral dated August 19, 2014
➢ City of Northglenn, referral dated August 22, 2014
USR14-0045, Barts Venture LLC,do Randy Kneebone,Kneebone Trucking, page 1 of 11
The Department of Planning Services' staff has not received responses from the following agencies:
City of Dacono
City of Brighton
➢ Adams County Planning Department
➢ Weld County School District RE-8
Colorado Division of Parks and Wildlife
Weld County Department of Building Inspection
USR14-0045, Barts Venture LLC,do Randy Kneebone,Kneebone Trucking, page 2 of 11
SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
c 0,N_
Planner: Kim Ogle Hearing Date: October 7, 2014
Case Number: USR14-0045
Applicant: Barts Venture LLC, c/o Randy Kneebone, Kneebone Trucking
Address: 1384 Reliance Court, Erie, Colorado 80516
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 (Trucking and Truck Repair Shop for Kneebone Excavating
&Trucking Company along with Outside Equipment, Vehicle Storage and Staging; and
Recreational Vehicle, Boat and Camper Trailer Storage), provided that the property is
not a lot in an approved or recorded subdivision map 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 SW4 of Section 22, Ti N, R67W of the 6th P.M., Weld County, CO
Description:
Location: East of and adjacent to County Road 19, 0.5 miles South of County Road 8
Size of Parcel: +/- 13 acres Parcel No. 1469-22-3-00-081
Case Summary:
Overview and any salient points. Add information about the violation here.
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 Trucking
Company base of operations, trucking and truck repair shop along with future screened
Recreational Vehicle, Boat and Camper Trailer Storage
B. Section 22-2-100.E. C.Goal 5. States "Minimize the incompatibilities that occur between
commercial uses and surrounding properties." The facility is a located on a thirteen acre
parcel defined by the Brantner Ditch to the east and County Road 19 to the west. The 80
USR14-0045, Barts Venture LLC,do Randy Kneebone,Kneebone Trucking, page 3 of 11
foot x120 foot shop building will be constructed to the north end of the property and will
be utilized for parking and maintenance of equipment and vehicles. The proposal call of
outside parking of the 4 tractor trailers and construction equipment and this area will be
required to be screened from adjacent property and public rights-of-way. Planning staff
will be requiring a Screening Plan to screen outdoor storage/staging of vehicles, a
parking plan to address parking location on the property to mitigate the impacts of noise,
exhaust onto neighboring properties and a Lighting Plan to direct lights downward and
away from neighboring properties as a condition of approval prior to recording the USR
map.
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 (Randy Kneebone Trucking and Truck Repair
Shop along with Outside Equipment, Vehicle Storage and Staging; and Recreational
Vehicle, Boat and Camper Trailer Storage) provided that the property is not a Lot in an
approved or recorded subdivision map 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 are generally large parcel
agricultural lots with single family residences. To the north and northwest are several
recorded exemption parcels with improvements, and to the east, southwest and south are
larger agricultural parcels in production with a limited residential development. There are
six property owners on seven parcels within five hundred feet of this proposed facility.
Two property owners provided letters of opposition to the proposed facility. Barry and
Valerie Maars with Maars Milky Way Dairy, LLP, adjacent property owner to the north
expressed concerns about creating a small industrial zoned area in an agricultural /
residential area appears to be piecemeal approach to zoning and there were concerns
with the request for the RV storage lot when currently there are four large storage areas
within 4 miles of this proposed facility. Continuing, if approved a request for a building
envelope, and the placement of the shop approximately 250 feet to the east of County
road 19 and restriction on noise levels and hours of operation as well as fencing and
landscaping requirements. A second property owner, Mrs. James Lefforge, to the
northwest of the property held concerns of the amount of traffic and noise this facility
would bring to the quiet neighborhood, and is opposed to this facility. The New Brantner
Ditch Company Board of Directors in an undated letter discussed " . . .the forty (40) foot
in width prescriptive easement from centerline of ditch utilized to run water and maintain
the ditch for the stockholders of the company. The company requires that no above or
below ground structures or improvements of any kind be placed on our easement that
may restrict our right to maintain either side of the ditch without Board approval. In
addition the company does not permit any non-historic storm flows anywhere along the
ditch. The application indicates that the normal drainage on the property sheet flows into
the ditch. This statement is inaccurate. The ditch has a berm along its western side the
entire length of this property and no historic flows have entered the ditch. Even in last
September's historic storm event, no storm water went into the ditch at this location, but
rather formed a pond above the ditch berm and radiated out into the field." As previously
stated, staff is requiring a Screening Plan to screen outdoor storage/staging of vehicles, a
Parking Plan to address parking location on the property to mitigate the impacts of noise,
exhaust onto neighboring properties and a Lighting Plan to direct lights downward and
away from neighboring properties as a condition of approval prior to recording the USR
map.
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
USR14-0045, Barts Venture LLC,do Randy Kneebone,Kneebone Trucking, page 4 of 11
applicable code provisions or ordinances in effect, or the adopted Master Plans of
affected municipalities.
The site is located within the three (3) mile referral area of the Cities of Dacono, Fort
Lupton, Brighton and Northglenn. The parcel is also located within the three (3) mile
referral area of Adams County. The City of Fort Lupton in their referral comments, dated
August 13, 2014 indicated that they are currently updating the comprehensive plan map
and the proposed update includes the site within its boundaries. The City would like the
opportunity to discuss annexation with the applicant. The City of Northglenn in their
referral comments, dated August 22, 2014 indicated they have no concerns. The Cities
of Dacono and Brighton and the Adams County Planning Department did not return a
referral response.
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 13 acres designated "Prime" per the
1979 Soil Conservation Service Important Farmlands of Weld County Map. The parcel is
encumbered by the Brantner Ditch with a forty foot easement from centerline of the ditch
to the east and County Road 19, a collector roadway to the west. The oddly shaped
parcel would not be conducive to agricultural practices and there is no irrigation water
associated with this property.
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 map:
A. The applicant shall submit a Lighting Plan to the Department of Planning Services, for
review and approval. Any lighting poles and lamps shall comply with Section 23-3-360.F.
which states, in part, that, "any lighting shall be designed, located, and operated in such a
manner as to meet the following standards: sources of light shall be shielded so that beams
or rays of light will not shine directly onto adjacent properties." (Department of Planning
Services)
USR14-o045, Barts Venture LLC,do Randy Kneebone,Kneebone Trucking, page 5 of 11
B. The applicant shall submit a Screening Plan to the Department of Planning Services for
review and approval. All parking areas shall be screened from adjacent properties and
public rights of way. (Department of Planning Services)
C. The applicant shall submit a Signage Plan to the Department of Planning Services, for
review and approval, if signage is desired. Signs shall be in compliance with Chapter 23,
Article IV, Division II and Appendices 23-C, 23-D and 23-E of the Weld County Code.
(Department of Planning Services)
D. The applicant shall submit a Parking Plan to the Department of Planning Services for
review and approval. This updated parking plan shall show the dimensions of the drives
and the parking stalls and delineate curb stops for the parking spaces shown on the Use by
Special Review map. (Department of Planning Services)
E. The applicant shall address the requirements (concerns) of the City of Fort Lupton, as
stated in the referral response dated August 13, 2014. Evidence of such shall be
submitted, in writing, to the Weld County Department of Planning Services. (Department of
Planning Services)
F. The applicant shall submit written evidence of a commercial well to the Department of
Planning Services and the Department of Public Health and Environment. (Department of
Public Health and Environment)
G. The applicant shall submit a waste handling plan, for approval, to the Environmental Health
Services Division of the Weld County Department of Public Health & Environment. The
plan shall include at a minimum, the following:
1. A list of wastes which are expected to be generated on site (this should include
expected volumes and types of waste generated).
2. A list of the type and volume of chemicals expected to be stored on site.
3. The waste handler and facility where the waste will be disposed (including the facility
name, address, and phone number). (Department of Public Health and Environment)
H. The applicant shall attempt to address the requirements of the Fort Lupton Fire Protection
District, as stated in the referral response dated August 5, 2014. Written evidence of such
shall be submitted to the Weld County Department of Planning Services. (Department of
Planning Services)
I. An Improvements Agreement will be required for this site. Road maintenance including
damage repairs and triggers for improvement will be a part of the Agreement (Trucking and
Future RV Storage). Written evidence of such shall be submitted to the Weld County
Department of Planning Services. (Department of Public Works)
J. The USR map shall be amended to delineate the following:
1. All sheets of the map shall be labeled USR14-0045 (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
USR14-0045, Barts Venture LLC,do Randy Kneebone,Kneebone Trucking, page 6 of 11
rights-of-way. These areas shall be designed and used in a manner that will prevent
trash from being scattered by wind or animals. (Department of Planning Services)
5. The approved Screening Plan. (Department of Planning Services)
6. The approved Lighting Plan. (Department of Planning Services)
7. The approved Signage Plan. (Department of Planning Services)
8. The approved Parking Plan. (Department of Planning Services)
9. County Road 19 is designated on the Weld County Road Classification Plan as a
arterial road, which requires 140 feet of right-of-way at full build out. There is
presently 60 feet of right-of-way. An additional 40 feet shall be delineated on the plat
as future County Road 19 right-of-way. All setbacks shall be measured from the edge
of future right-of-way. The applicant shall verify the existing right-of-way and the
documents creating the right-of-way and this information shall be noted on the plat. If
the right-of-way cannot be verified, it shall be dedicated. This road is maintained by
Weld County. (Department of Public Works)
10. Show the approved access(es) on the map and label with the approved access
permit number(AP14-00278) (Department of Public Works)
11. Show asphalt area and recycle base locations and label. (Department of Public
Works)
12. Show Water Quality Control Volume (size), in cubic feet volume on plat. Label "No
Build Zone and No Parking or Storage at this Location." (Department of Public
Works)
13. Show 45-60 foot adequate turning radius and tie into County Road 19 at the same
grade. (Department of Public Works)
2. Upon completion of Condition of Approval #1 above, the applicant shall submit one (1) paper
copy or one (1) electronic copy (.pdf) of the map for preliminary approval to the Weld County
Department of Planning Services. Upon approval of the map the applicant shall submit a Mylar
map along with all other documentation required as Conditions of Approval. The Mylar map shall
be recorded in the office of the Weld County Clerk and Recorder by the Department of Planning
Services. The map shall be prepared in accordance with the requirements of Section 23-2-260.D
of the Weld County Code. The Mylar map and additional requirements shall be submitted within
one hundred twenty (120) days from the date of the Board of County Commissioners Resolution.
The applicant shall be responsible for paying the recording fee. (Department of Planning
Services)
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 mapsaco.weld.co.us. (Department of Planning Services)
USR14-0045, Barts Venture LLC,do Randy Kneebone,Kneebone Trucking, page 7 of 11
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)
USR14-0045, Barts Venture LLC,do Randy Kneebone,Kneebone Trucking, page 8 of 11
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Baits Venture LLC
do Randy Kneebone
Kneebone Excavating and Trucking Inc.
USR14-0045
1. A Site Specific Development Plan and Use by Special Use Permit, USR14-0045, 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 (Trucking and Truck Repair Shop for Kneebone Excavating & Trucking
Company along with Outside Equipment, Vehicle Storage and Staging; and Recreational Vehicle,
Boat and Camper Trailer Storage), provided that the property is not a lot in an approved or recorded
subdivision map 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 7:00 a.m. - 6:00 p.m. Monday — Saturday, as stated by the applicant(s).
(Department of Planning Services)
4. 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)
5. 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)
6. 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)
7. 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)
8. 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)
9. 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)
10. 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)
11. 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)
12. Sewage disposal for the facility shall be by septic system. Any septic system located on the property
USR14-o045, Barts Venture LLC,do Randy Kneebone,Kneebone Trucking, page 9 of 11
must comply with all provisions of the Weld County Code, pertaining to Individual Sewage Disposal
Systems. (Department of Public Health and Environment)
13. A permanent, adequate water supply shall be provided for drinking and sanitary purposes. The
facility shall utilize the existing public water supply. (Department of Public Health and Environment)
14. 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)
15. 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)
16. The screening/parking/signage/lighting on the site shall be maintained in accordance with the
approved Screening/Parking/Signage/Lighting Plans. (Department of Planning Services)
17. Should noxious weeds exist on the property, or become established as a result of the proposed
development, the applicant/landowner shall be responsible for controlling the noxious weeds,
pursuant to Chapter 15, Articles I and II, of the Weld County Code. (Department of Public Works)
18. The historical flow patterns and runoff amounts will be maintained on the site. (Department of Public
Works)
19. Weld County is not responsible for the maintenance of onsite drainage related features. (Department
of Public Works)
20. There shall be no parking or staging of vehicles on County roads. On-site parking shall be utilized.
(Department of Public Works)
21. Building permits may be required, per Section 29-3-10 of the Weld County Code. Currently, the
following have been adopted by Weld County: 2012 International Codes, 2006 International Energy
Code, and 2011 National Electrical Code. A Building Permit Application must be completed and two
(2) complete sets of engineered plans bearing the wet stamp of a Colorado registered architect or
engineer must be submitted for review. A Geotechnical Engineering Report performed by a Colorado
registered engineer shall be required or an Open Hole Inspection. (Department of Building Inspection)
22. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code.
23. 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.
24. 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.
25. 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.
USR14-0045, Bans Venture LLC,c/o Randy Kneebone, Kneebone Trucking, page 10 of 11
26. WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive agricultural counties
in the United States, typically ranking in the top ten counties in the country in total market value of
agricultural products sold. The rural areas of Weld County may be open and spacious, but they are
intensively used for agriculture. Persons moving into a rural area must recognize and accept there
are drawbacks, including conflicts with long-standing agricultural practices and a lower level of
services than in town. Along with the drawbacks come the incentives which attract urban dwellers to
relocate to rural areas: open views, spaciousness, wildlife, lack of city noise and congestion, and the
rural atmosphere and way of life. Without neighboring farms, those features which attract urban
dwellers to rural Weld County would quickly be gone forever.
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area. Well-run agricultural
activities will generate off-site impacts, including noise from tractors and equipment; slow-moving
farm vehicles on rural roads; dust from animal pens, field work, harvest and gravel roads; odor from
animal confinement, silage and manure; smoke from ditch burning; flies and mosquitoes; hunting and
trapping activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and
fertilizers in the fields, including the use of aerial spraying. It is common practice for agricultural
producers to utilize an accumulation of agricultural machinery and supplies to assist in their
agricultural operations. A concentration of miscellaneous agricultural materials often produces a
visual disparity between rural and urban areas of the County. Section 35-3.5-102, C.R.S., provides
that an agricultural operation shall not be found to be a public or private nuisance if the agricultural
operation alleged to be a nuisance employs methods or practices that are commonly or reasonably
associated with agricultural production.
Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to
assume that ditches and reservoirs may simply be moved "out of the way" of residential development.
When moving to the County, property owners and residents must realize they cannot take water from
irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water.
Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice
the size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of
state and county roads outside of municipalities. The sheer magnitude of the area to be served
stretches available resources. Law enforcement is based on responses to complaints more than on
patrols of the County, and the distances which must be traveled may delay all emergency responses,
including law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who
must leave their jobs and families to respond to emergencies. County gravel roads, no matter how
often they are bladed, will not provide the same kind of surface expected from a paved road. Snow
removal priorities mean that roads from subdivisions to arterials may not be cleared for several days
after a major snowstorm. Services in rural areas, in many cases, will not be equivalent to municipal
services. Rural dwellers must, by necessity, be more self-sufficient than urban dwellers.
People are exposed to different hazards in the County than in an urban or suburban setting. Farm
equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center
pivot operations, high speed traffic, sandburs, puncture vines, territorial farm dogs and livestock, and
open burning present real threats. Controlling children's activities is important, not only for their
safety, but also for the protection of the farmer's livelihood.
USR14-0045, Bads Venture LLC,c/o Randy Kneebone, Kneebone Trucking, page 11 of 11
H N DEPARTMENT OF PLANNING SERVICES
a $6i 1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.co.weld.co.us
E-MAIL: kogle@co.weld.co.us
�f PHONE: (970) 353-6100, Ext. 3549
p ` - i FAX: (970)304-6498
r �
September 15, 2014
KNEEBONE RANDY
1384 RELIANCE CT.
ERIE, CO 80516
Subject: USR14-0045 - 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 (TRUCKING AND
TRUCK REPAIR SHOP FOR KNEEBONE EXCAVATING & TRUCKING COMPANY ALONG WITH
OUTSIDE EQUIPMENT, VEHICLE STORAGE AND STAGING; AND RECREATIONAL VEHICLE,
BOAT AND CAMPER TRAILER STORAGE), 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 SW4 SECTION 22, Ti N, R67W of the 6th P.M., Weld County, Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on October 7, 2014, at 1:30
p.m. A subsequent hearing with the Board of County Commissioners will be held on October 29, 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
Page 2 of 2
If you have any questions concerning this matter, please call.
Respectfully,
Digitally signed hioioef Ranslem
isdocu
Feason:lam the author of thisdocument
Date:2014.09.15 15:57:34-0600'
Kim Ogle
Planner
V1/4 N DEPARTMENT OF PLANNING SERVICES
"••••• Lia i 1555 N 17th AVE
j ' r ^ GREELEY, CO 80631
WEBSITE: www.co.weld.co.us
� E-MAIL: kogle@co.weld.co.us
iri_ r. PHONE: (970)353-6100, Ext. 3549
ti ' FAX: (970)304-6498
August 04, 2014
KNEEBONE RANDY
1384 RELIANCE CT.
ERIE, CO 80516
Subject: USR14-0045 - 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 (TRUCKING AND
TRUCK REPAIR SHOP FOR KNEEBONE EXCAVATING & TRUCKING COMPANY ALONG WITH
OUTSIDE EQUIPMENT, VEHICLE STORAGE AND STAGING; AND RECREATIONAL VEHICLE,
BOAT AND CAMPER TRAILER STORAGE), 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 SW4 SECTION 22, T1N, R67W LYING N & W OF NEW BRANTNER DITCH 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:
Dacono at Phone Number 303-833-2317
Brighton at Phone Number 303-655-2000
Fort Lupton at Phone Number 303-857-6694
Northglenn at Phone Number 303-450-8709
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,
l .. /� Digitally sgned by Kristine Random
"L'y.-S-/_-^ Feason:l am the author of this document
(� Date:2014.08.04 14:45:57-06'00'
Kim Ogle
Planner
FIELD CHECK - USR14-0045 Inspection Date: September 4, 2014
Applicant: Barts Venture LLC,
c/o Randy Kneebone, Kneebone Trucking
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 (Trucking and Truck Repair Shop for
Kneebone Excavating &Trucking Company along with Outside Equipment, Vehicle
Storage and Staging; and Recreational Vehicle, Boat and Camper Trailer Storage),
provided that the property is not a lot in an approved or recorded subdivision map 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 SW4 of Section 22, Ti N, R67W of the 6th P.M., Weld County, CO,
Description:
Location: East of and adjacent to County Road 19, 0.5 miles South of County Road 8
Size of Parcel: +/- 13 acres Parcel No. 1469-22-3-00-081
Zoning Land Use
N I AGRICULTURE N I SINGLE FAMILY RESIDENCE W OUTBUILDINGS
E AGRICULTURE E NEW BRANTNER DITCH, IRRIGATED PRODUCTION
AGRICULTURE
S AGRICULTURE S NEW BRANTNER DITCH, IRRIGATED PRODUCTION
AGRICULTURE
W AGRICULTURE W IRRIGATED PRODUCTION AGRICULTURE - CORN
Comments:
County Road 19 is a paved two lane road with underground and overhead utilities. The property
in review here lies low to the road and is surrounded on two sides by the New Brantner ditch.
The land is currently vacant. The property to the north is a single family residence facing south
and several outbuildings. This is the only residence in near proximity. Additional residences are
located to the north northwest.
The surrounding properties are generally large parcel agricultural lots, some with single family
residences. To the north and northwest are several recorded exemption parcels with
improvements, and to the east, southwest and south are larger agricultural parcels in production
with a limited residential development. There are six property owners on seven parcels within
five hundred feet of this proposed facility.
Signature
❑ Access to Property—Access Permit ❑ Site Distance- Good
Note any commercial business/commercial vehicles that are operating from the site.
Hello