HomeMy WebLinkAbout20140943.tiff LAND USE APPLICATION
SUMMARY SHEET
Planner: Kim Ogle Hearing Date: February 18, 2014
Case Number: USR13-0056
Applicant: Duran Enterprises, LLC; do Ellie Duran
Address: 14332 County Road 64, Greeley, Colorado 80631
Request: A Site Specific Development Plan and 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, 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. (Duran Excavating Company Headquarters,
Equipment Storage Yard , Commercial Mini Storage with outdoor Recreational Vehicle
Parking) in the A(Agriculture)Zone District
Legal NE4NW4 of Section33, T6N, R66W of the 6th P.M., Weld County, CO
Description:
Location: South of and adjacent to County Road 64 CO" Street); East of and adjacent to County
Road 29 (N. 71s'Avenue)
Size of Parcel: 39.84 +/- acres Parcel No. 0805-33-2-00-011
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:
y Weld County Department of Building Inspection, referral dated December 9, 2013
➢ Weld County Department of Public Works, referral dated December 18, 2013
y Weld County Department of Public Health and the Environment, referral dated December 20, 2013
➢ City of Greeley, referral dated December 31, 2013
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
Weld County Code Compliance, referral dated December 3, 2013
West Greeley Conservation District, referral dated December 3, 2013
r Colorado Parks and Wildlife, referral dated December 13, 2013
The Department of Planning Services' staff has not received responses from the following agencies:
➢ Weld County Sheriff
➢ North Weld County Water District
➢ Western Hills Fire Protection District
Colorado Department of Labor and Employment
A- Colorado Department of Public Health and the Environment (CDPHE)
USR13-0056, Duran Enterprises, LLC, Page 1 of 11
I r SPECIAL REVIEW PERMIT
I' ADMINISTRATIVE REVIEW
r N-v� s
Planner: Kim Ogle Hearing Date: February 18, 2014
Case Number: USR13-0056
Applicant: Duran Enterprises, LLC; do Ellie Duran
Address: 14332 County Road 64, Greeley, Colorado 80631
Request: A Site Specific Development Plan and 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, 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. (Duran Excavating Company Headquarters,
Equipment Storage Yard , Commercial Mini Storage with outdoor Recreational Vehicle
Parking) in the A(Agriculture)Zone District
Legal NE4NW4 of Section 33, T6N, R66W of the 6th P.M., Weld County, CO
Description:
Location: South of and adjacent to County Road 64 ("O" Street); East of and adjacent to County
Road 29 (N. 71s'Avenue)
Size of Parcel: 39.84 +/- acres Parcel No. 0805-33-2-00-011
Case Summary:
Duran Excavating intends to move their operations to the former Lowell Paul Dairy site; demolish a
portion of the former dairy facilities and add an 8000 SF office building for their employees and convert
two buildings into equipment storage and vehicle parking areas. Duran Excavating may wash vehicles
and equipment on site and also stockpile asphalt and concrete on the property for future crushing for the
excavating business. Additionally, there is a second office for the indoor a mini storage facility with
outside Recreational Vehicle parking/storage.
The facility is served by an existing North Weld County Water District tap (Account No. 1009002) and is
approved for commercial-industrial use. There is an existing septic system on the property that the
applicant is proposing to abandon. The applicant has applied for a commercial septic permit for the
proposed excavating business office building. An additional septic system is proposed for the storage
unit office building.
The accesses, circulation areas and parking areas will be covered in gravel or similar material. The
applicant is proposing to stockpile asphalt and concrete on the property for future crushing as part of the
excavating business. A water truck will be used to control dust during the crushing operation, with the
crushing operation limited to crushing operations hours, Monday through Friday from 8 AM to 4 PM.
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.
USR13-0056, Duran Enterprises, LLC, Page 2 of 11
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 excavating service facility, vehicle parking, mini storage and office buildings
proposed on site are of a similar use to the Loveland Industries Company, Zateca
Foods, Inc. Colorado Bean Inc., for example, commercial and industrial land uses
adjacent to the east and is also similar to the Aggregate Industries Mine to the southwest
of this proposed use.
Further, Section 22-2-100.E. C.Goal 5. States "Minimize the incompatibilities that occur
between commercial uses and surrounding properties."
The commercial vehicle parking area, the asphalt and concrete stockpile areas and the
crushing operations are located south of County Road 64 and down the hill from County
Road 64. The Department of Planning Services is requesting a Screening Plan for the
facility addressing the outside storage component from public rights of way and adjacent
properties and also a Lighting Plan for the site. Lands surrounding this facility are
industrial to the East, residential and agricultural to the North and South and irrigated
farmland to the West, with oil and gas encumbrances visible in each direction
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 states "Any use permitted as a Use by
Right, an accessory use, or a Use by Special Review in the commercial or industrial zone
districts, 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. . . ." The proposed use is for the offices of Duran Excavating Company,
Company vehicle and equipment parking and storage, a commercial mini storage facility
with screened outdoor Recreational Vehicle parking.
C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the
existing surrounding land uses. The City of Greeley has annexed lands adjacent to the
west with existing commercial and industrial companies manufacturing and processing
raw materials into a final product. The Great Western Railroad mainline and rail sidings
are adjacent to the several of the properties and is utilized for transport of material in and
finished product out. To the north is the nearest residence approximately 400 feet from
the Duran Excavating Office building and approximately 630 feet to the mini storage
units. To the West of the site is a 40 acre tract of agriculture ground, and to the south are
lands within the Cache La Poudre Floodplain, including pasturelands and riparian
corridor. To the southwest, the land is being mined by Aggregate Industries.
D. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with future
development of the surrounding area as permitted by the existing zoning and with the
future development as projected by Chapter 22 of the Weld County Code and any other
applicable code provisions or ordinances in effect, or the adopted Master Plans of
affected municipalities.
The site is located within the three (3) mile referral area of the City of Greeley. The City
USR13-0056, Duran Enterprises, LLC, Page 3 of 11
of Greeley in their referral comments, dated December 31, 2013 indicated that they have
several topics for concerns. The City requests the applicant consider screening the trash
receptacle, screening new rooftop mechanical equipment, shield the exterior lighting, and
pave the internal access point, drives, aisles and parking areas. Further, materials stored
outside should not be allowed to deteriorate thereby creating a nuisance condition.
Further, it is strongly suggested that a screening plan consisting of substantial landscape
plant materials, including evergreen, deciduous, ornamental trees, bushes and shrubs be
utilized, including the placement of earth berms and fencing treatments be provided along
the north, west, east and south property line to mitigate the additional comments
centered on water and sewer including recorded easements for utilities. Streets were
discussed including future right-of-way for both County Road 29 and County Road 64,
vehicle access, intersection spacing and traffic movements. Concerns were also raised
about the site drainage, emergency spillway located on the south property line, and
detention pond for the proposed facility and site.
E. Section 23-2-220.A.5 -- The application complies with Chapter 23, Article V, of the Weld
County Code. The existing site is within the County-Wide Road Impact Fee Area and the
Capital Expansion Impact Fee area.
Building Permits issued on the lot will be required to adhere to the fee structure of the
County-Wide Road Impact Fee Program.
Building Permits issued on the proposed lot will be required to adhere to the fee structure
of the County Facility Fee and Drainage Impact Fee Programs.
F. Section 23-2-220.A.6 -- The applicant has demonstrated a diligent effort to conserve
prime agricultural land in the locational decision for the proposed use.
The proposed facility is located on approximately 40 acres with the upper terrace being
Prime (Irrigated) and the slope to the south property line being Irrigated Land, (Not
Prime) per the 1979 Soil Conservation Service Important Farmlands of Weld County
Map. Historically the property was the Lowell Paul Dairy having improvements on the
upper terrace and pens and pasture on the land sloping to the south.
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. The applicant shall attempt to address the City of Greeley's referral comments dated
December 31, 2013. Evidence of such shall be submitted, in writing, to the Weld County
Department of Planning Services. (Department of Planning Services)
B. The applicant shall submit evidence of an Air Pollution Emission Notice (A.P.E.N.) and
Emissions Permit application from the Air Pollution Control Division, Colorado Department
of Health and Environment, if applicable. Alternately, the applicant may provide evidence
USR13-0056, Duran Enterprises, LLC, Page 4 of 11
from the APCD that they are not subject to these requirements. Evidence of acceptance
shall be submitted, in writing, to the Weld County Department of Planning Services.
(Department of Environmental Health)
C. The existing septic system (Permit No.G19940564) must be abandoned in accordance with
Section 30-7-70 of the Weld County Code pertaining to individual sewage disposal
systems. (Department of Environmental Health)
D. 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)
E. The applicant shall submit a Landscaping/Screening Plan specific for the Recreation
Vehicle parking/storage component 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)
F. 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)
G. An Improvements Agreement and road maintenance agreement is required for this site.
Road maintenance including dust control, damage repair, and triggers for improvements
will be included. This document is required for this site. Road maintenance including
damage repair, and triggers for improvement will be included. (Business plus future 300
mini-storage unit access onto CR 64-O Street) (Department of Public Works)
H. An accepted Final Drainage Report stamped and signed by a Professional Engineer
registered in the State of Colorado is required. (Department of Public Works)
I. The plat shall be amended to delineate the following:
1. All sheets of the plat shall be labeled USR13-0056 (Department of Planning
Services)
2. The attached Development Standards. (Department of Planning Services)
3. The plat 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 approved Landscape/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)
USR13-0056, Duran Enterprises, LLC, Page 5 of 11
9. County Road 64 is designated on the City of Greeley Road Classification Plan as a
major arterial road, which requires 150 feet of right-of-way at full buildout. There is
presently 60 feet of right-of-way. An additional 40 feet shall be delineated on the plat
as future County Road 29 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. (City of Greeley)
10. County Road 29 is designated on the Weld County Road Classification Plan as an
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 29 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)
11. Show the approved access on the plat and label it with the approved access permit
number (AP13-00422). Show at both locations: CR 64 (O St.) and CR 29 (71st Ave.).
An access permit number will be looked at for the proposed future mini storage units
at time of Building Permits. (Department of Public Works)
12. Show and label the floodplain and floodway (if applicable) boundaries on the plat.
Label the floodplain boundaries with the FEMA Flood Zone and FEMA Map Panel
Number. (Department of Planning Services)
2. Prior to Release of Building Permits:
A. A Weld County Septic Permit is required for the proposed facility septic system(s). The
septic system is required to be designed by a Colorado Registered Professional Engineer
and the septic permit must be approved by the Weld County Board of Health according to
the Weld County Individual Sewage Disposal Regulations
3. Upon completion of Condition of Approval #1 above, the applicant shall submit three (3) 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)
4. 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)
5. 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)
USR13-0056, Duran Enterprises, LLC, Page 6 of 11
6. 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)
B. A Right of way permit is required for any work within the public right of way. (Department of
Public Works)
C. A Special transport permit is required for any over size or over weight vehicles. (Department
of Public Works)
7. Prior to Operation:
A. Accepted construction drawings and construction of the offsite roadway improvements are
required prior to operation. (Department of Public Works)
8. Prior to the issuance of the Certificate of Occupancy:
A. An individual sewage disposal system is required for the proposed facility and shall be
installed according to the Weld County Individual Sewage Disposal Regulations. The septic
system is required to be designed by a Colorado Registered Professional Engineer according
to the Weld County Individual Sewage Disposal Regulations. (Department of Building
Inspection)
9. 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)
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Duran Excavating Company
USR13-0056
1. A Site Specific Development Plan and 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,
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. (Duran Excavating
Company Headquarters, Equipment Storage Yard, Commercial Mini Storage with outdoor
Recreational Vehicle Parking) in the A (Agriculture) 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 7:00 a.m. — 6:00 p.m. Monday— Saturday, 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/screeingn 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. 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.
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14. 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
15. This facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone
District, as delineated in Section 14-9-30 of the Weld County Code. (Department of Public Health
and Environment)
16. Adequate drinking, handwashing and toilet facilities shall be provided for employees and patrons of
the facility, at all times. (Department of Public Health and Environment)
17. 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)
18. The facility shall utilize the existing public water supply (North Weld County Water District).
(Department of Public Health and Environment)
19. The applicant shall remove, handle, and stockpile overburden, soil, sand and gravel from the facility
area in a manner that will prevent nuisance conditions. (Department of Public Health and
Environment)
20. 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)
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. 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)
24. The historical flow patterns and runoff amounts will be maintained on the site. (Department of Public
Works)
25. Weld County is not responsible for the maintenance of onsite drainage related features. (Department
of Public Works)
26. There shall be no parking or staging of vehicles on County roads. On-site parking shall be utilized.
(Department of Public Works)
27. Flood hazard development permits are required for development activities located within the FEMA
mapped South Platte Floodplain per the Corps of Engineers Study. The FEMA definition of
development is any man-made change to improved or unimproved real estate, including by not
limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation, drilling
operations, or storage of equipment and materials. (Department of Planning Services)
28. FEMA's floodplain boundaries may be updated at any time by FEMA. Prior to the start of any
development activities, the owner should contact Weld County to determine if the floodplain
boundaries have been modified. . (Department of Planning Services)
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29. Building permits may be required, per Section 29-3-10 of the Weld County Code, for any new
construction, alteration, or addition to any buildings, structures and utilities on the property. If
required a code analysis will be done by a design professional. A building permit application must be
completed and two complete sets of engineered plans including engineered foundation 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 a open hole inspection. (Department of Building Inspection)
30. The structures proposed to have changes uses will be required, per Section 29-3-10 of the Weld
County Code, commercial building permit for change of use. A code analysis, floor plan and complete
set of plans for any alteration and a structural analysis by a professional engineer will be required.
(Department of Building Inspection)
31. Buildings and structures shall conform to the requirements of the various codes adopted at the time of
permit application. Currently the following has been adopted by Weld County: 2012 International
Building Code; 2012 International Mechanical Code; 2012 International Plumbing Code:; 2012
International Fuel Gas Code; 2006 International Energy Code; 2011 National Electrical Code; 2009
ANSI 117.1 Accessibility Code and Chapter 29 of the Weld County Code. (Department of Building
Inspection)
32. Plans will be submitted to the Western Hills Fire District for review and comments. A final approval
from Fire District prior to issue of Certificate of Occupancy. (Department of Building Inspection)
33. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code.
34. 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.
35. 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.
36. 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.
37. 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
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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.
USR13-0056, Duran Enterprises, LLC, 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 �
January 22, 2014
WERNSMAN ERIC
1011 42nd ST
EVANS, CO 80620
Subject: USR13-0056 - A SITE SPECIFIC DEVELOPMENT PLAN AND 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, (DURAN EXCAVATING
COMPANY HEADQUARTERS, EQUIPMENT STORAGE YARD AND COMMERCIAL MINI 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(AGRICULTURE)ZONE DISTRICT
On parcel(s)of land described as:
NE4NW4 SECTION 33, T6N, R66W of the 6th P.M., Weld County, Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on February 18, 2014, at 1:30
p.m. A subsequent hearing with the Board of County Commissioners will be held on March 26, 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,
Digitally signed
mthea thioroe Ranslem
fthsdoc
f�ason:I am the author of thisdocument
Date:2014.01.22 15:51:22-07'00'
Kim Ogle
Planner
N DEPARTMENT OF PLANNING SERVICES
i ti 1555 N 17th AVE
j ' r ^ GREELEY, CO 80631
WEBSITE: www.co.weld.co.us
� E-MAIL: kogle@co.weld.co.us
iri_ !. PHONE: (970)353-6100, Ext. 3549
S' ? FAX: (970)304-6498
December 03, 2013
WERNSMAN ERIC
1011 42"d ST
EVANS, CO 80620
Subject: USR13-0056 - A SITE SPECIFIC DEVELOPMENT PLAN AND 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, (DURAN EXCAVATING
COMPANY HEADQUARTERS, EQUIPMENT STORAGE YARD AND COMMERCIAL MINI 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(AGRICULTURE)ZONE DISTRICT
On parcel(s)of land described as:
NE4NW4 SECTION 33, T6N, R66W of the 6th P.M., Weld County, Colorado.
Dear Applicants:
Your application and related materials for the request described above are complete and in order at this
time. I will schedule a meeting with you at the end of the review period to discuss the referral
comments received by our office.
It is the policy of Weld County to refer an application of this nature to any town or municipality lying
within three miles of the property in question or if the property under consideration is located within the
comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of
the submitted materials to the following Planning Commission(s)for their review and comments:
Greeley at Phone Number 970-350-9741
Please call the listed Planning Commissions, for information regarding the date, time and place of the
meeting and the review process. It is recommended that you and/or a representative be in attendance at
each of the meetings described above in order to answer any questions that might arise with respect to
your application.
If you have any questions concerning this matter, please call.
Respectfully, I n
'J Digitally signed by Kristine Ranslem
Fbamn:I am the author of thisdocument
Date:2013.12.03 09:35:30-07'00'
Kim Ogle
Planner
FIELD CHECK Inspection Date: February 7, 2014
Case Number: USR13-0056
Applicant: Duran Enterprises, LLC; c/o Ellie Duran
Address: 14332 County Road 64, Greeley, Colorado 80631
Request: A Site Specific Development Plan and 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, 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. (Duran Excavating Company Headquarters,
Equipment Storage Yard , Commercial Mini Storage with outdoor Recreational Vehicle
Parking) in the A(Agriculture) Zone District
Legal NE4NW4 of Section33, T6N, R66W of the 6th P.M., Weld County, CO
Description:
Location: South of and adjacent to County Road 64 co" Street); East of and adjacent to County
Road 29 (N. 71st Avenue)
Size of Parcel: 39.84 +/- acres Parcel No. 0805-33-2-00-011
Zoning Land Use
N Agriculture N Rural Residential/ Production Agriculture
E City of Greeley E Manufacturing Plants
S Agriculture S Production Agriculture
W Agriculture W Production Agriculture
Comments:
The City of Greeley has annexed lands adjacent to the west with existing commercial and industrial
companies manufacturing and processing raw materials into a final product. To the north is the nearest
residence approximately sited approximately 400 feet from the Duran property. To the West of the site is
agriculture ground, and to the south are lands within the Cache La Poudre Floodplain, including
pasturelands and riparian corridor. To the southwest, the land is being mined by Aggregate Industries.
County road 64 is a paved two lane road posted at 45 MPH, County road 29 (North 71t Avenue is also a
paved two lane road. Obsolete access points exist from the property onto 71 s`Avenue. A single access
point into the property exists for the former Lowell Paul Dairy and is currently being utilized for access. It
is graveled and graded.
There are existing structures on site associated with the former dairy, also large areas of concrete where
structures may have been previously been constructed. The property is fenced at the perimeter.
The property has a flatter upper terrace and slopes to the south. Much of the improvements are located
toward County Road 64
`1�
Sigrtture
)(Outbuilding(s) k/Access to Property
Site Distance Topography
Note any commercial business/commercial vehicles that are operating from the site.
Hello