HomeMy WebLinkAbout20133239.tiffBEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMIS
Moved by Joyce Smock, that the following resolution be introduced for passage by the Weld County Planning
Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER:
APPLICANT:
PLANNER:
REQUEST:
LEGAL DESCRIPTION:
LOCATION:
USR13-0047
13-0047
KEVIN & CHRISTINA CONTRERAS
DIANA AUNGST
A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A USE PERMITTED AS A USE BY RIGHT, AN ACCESSORY USE;
OR A USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE
DISTRICTS (PERSONAL TRAINING FACILITY) 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.
LOT A AMD REC EXEMPT RE -314; PART W2SW4 SECTION 18, T6N, R65W OF
THE 6TH P.M., WELD COUNTY, COLORADO.
EAST OF AND ADJACENT TO COUNTY ROAD 37; APPROXIMATELY ONE -
QUARTER MILE NORTH OF STATE HIGHWAY 392.
be recommended favorably to the Board of County Commissioners 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 Planning Commission 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 22-2-20. G - A. Goal 7 states, "County land use regulations should protect the
individual property owner's right to request a land use change."
The applicant is proposing to use the existing pole barn as a personal training facility. The
majority of the activities will occur inside this pole barn. The classes are held during the day
in one (1) hour segments.
Section 22-2-20.G.2 - A.Policy 7.2 states, "Conversion of agricultural land to nonurban
residential, commercial, and industrial uses should be accommodated when the subject site
is in an area that can support such development, and should attempt to be compatible with
the region."
The majority of the activities associated with the personal training facility will be located in the
pole barn therefore minimizing the impacts to surrounding property owners. The Conditions
of Approval state that a lighting plan is required. This lighting plan, along with the
Development Standards and the other Conditions of approval, will assist in mitigating the
impacts of the facility on the adjacent properties.
B. Section 23-2-220.A.2. -- The proposed use is consistent with the intent of the A (Agricultural)
Zone District Sections 23-3-40.S. which allows a Site Specific Development Plan and Use By
Special Review Permit for a use permitted as a Use By Right, an Accessory Use, or a Use By
Special Review in the Commercial or Industrial Zone Districts (personal training facility)
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.
Currently the property is in violation (ZCV13-00091). This violation was initiated due to the
operation of a commercial gymnasium without first completing the necessary Weld County
Zoning Permits. If the Board of County Commissioners approves this USR and a plat is
0/5-3a3q
RESOLUTION USR13-0047
KEVIN & CHRISTINA CONTRERAS
PAGE 2
recorded the violation will be corrected. If denied, all commercial operations shall be removed
from the property within 30 (thirty) days of the date of denial or the violation will proceed in
court accordingly.
C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing
surrounding land uses.
The adjacent properties are mainly utilized for pastures, crops, and rural residences.
County Road 37 borders the site on the west and the adjacent land to the north and east
is cropland. The property to the south is a rural residential lot.
The closest residence is approximately 50 feet south of the south property line. The next
closest residence is approximately 100 feet west of the west property line in the Faith Estates
subdivision. There are three (3) USRs located within one mile of this parcel. USR-995 for an
oil and gas production facility is located approximately one mile southwest of the site.
MUSR12-0009 for an oil and gas support facility is approximately three -tenths of a mile
southeast of the site, and USR-1335 for the storage and sale of seed is located
approximately one (1) mile to the east in the townsite of Lucerne. The Weld County
Department of Planning Services has received one letter of concern from a surrounding
property owner. Signage is the primary concern outlined in this letter; the surrounding
property owner has requested that there be no signage installed on the site associated with
this business.
As a condition of approval the applicant is required to submit a Lighting Plan. This lighting
plan, in conjunction with the Development Standards and the other Conditions of Approval for
this proposal, will assist in mitigating the impacts of the facility on the adjacent properties and
ensure compatibility with surrounding land uses.
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 and the
Town of Eaton. The City of Greeley responded with no concerns and the Town of Eaton
did not respond with referral comments
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 .47 acres Prime (Irrigated) per the 1979
Soil Conservation Service Important Farmlands of Weld County Map. The residence was
built in 1979 and the pole barn was built in 2011. Since the property is less than a half -
acre in size and historically utilized for residential uses it will not take any Prime land out
of production.
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.
RESOLUTION USR13-0047
KEVIN & CHRISTINA CONTRERAS
PAGE 3
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 Planning Commission recommendation for approval is conditional upon the following:
1. Prior to recording the plat:
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)
In accordance with Chapter 23, Article IV, Division 2 the applicant shall submit a Signage Plan to
the Department of Planning Services for review and approval. The quantity, size and location of
the signs shall comply with Appendix 23-C and Appendix 23-D. (Department of Planning
Services)
C. 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 spaces. The
applicant shall provide 1 parking space per every 300 square feet (2,000 square feet proposed)
for a total of 7 parking spaces. One of the 7 parking spaces shall meet the requirements of ADA.
Further, the applicant shall delineate curb stops for the parking spaces to be shown on the Use by
Special Review plat. (Department of Planning Services)
D. In the event the applicant intends to utilize the existing septic system at the home, for business
use, the septic system shall be reviewed by a Colorado registered professional engineer. The
review shall consist of observation of the system and a technical review describing the system's
ability to handle the proposed hydraulic load. The review shall be submitted to the Environmental
Health Services Division of the Weld County Department of Public Health and Environment. In
the event the system is found to be inadequately sized or constructed, the system shall be
brought into compliance with current regulations. Alternately, a new septic system may be
installed for business use. Evidence of such shall be submitted, in writing, to the Weld County
Department of Planning Services. (Department of Public Health and Environment)
E. The applicant shall submit evidence of an Underground Injection Control (UIC) Class V Injection
Well permit from the Environmental Protection Agency (EPA) for any large -capacity septic system
(a septic system with the capacity to serve 20 or more persons per day). Alternately, the
applicant can provide evidence from the EPA that they are not subject to the EPA Class V
requirements. (Department of Public Health and Environment)
F. The plat shall be amended to delineate the following:
1) All sheets of the plat shall be labeled USR13-0047. (Department of Planning Services)
2) The attached Development Standards. (Department of Planning Services)
3) The plat shall be prepared per Section 23-2-260.D of the Weld County Code. (Department of
Planning Services)
RESOLUTION USR13-0047
KEVIN & CHRISTINA CONTRERAS
PAGE 4
4) The plat 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 Landscaping/Screening Plan. (Department of Planning Services)
6) The approved Parking Plan. (Department of Planning Services)
7) The approved Lighting Plan. (Department of Planning Services)
8) The approved Signage Plan. (Department of Planning Services)
9) County Road 37 is designated on the Weld County Road Classification Plan as a collector
road, which requires 80 feet of right-of-way at full build -out. The applicant shall verify and
delineate on the plat the existing right-of-way and the documents creating the right-of-way. All
setbacks shall be measured from the edge of future right-of-way. This road is maintained by
Weld County. (Department of Public Works)
10) Show the approved access(es) on the plat and label with the approved access permit number
(will be provided). (Department of Public Works)
2. 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)
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
mapsco.weld.co.us. (Department of Planning Services)
5. 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. (Department of Planning Services)
Motion seconded by Bruce Sparrow.
RESOLUTION USR13-0047
KEVIN & CHRISTINA CONTRERAS
PAGE 5
VOTE:
For Passage
Bruce Sparrow
Jason Maxey
Jordan Jemiola
Joyce Smock
Mark Lawley
Michael Wailes
Nick Berryman
Against Passage Absent
Benjamin Hansford
Bret Elliott
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioner's for further proceedings.
CERTIFICATION OF COPY
I, Kristine Ranslem, Recording Secretary for the Weld County Planning Commission, do hereby certify that the
above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County,
Colorado, adopted on November 5, 2013.
Dated the 5th of November, 2013.
430\ithint,
Kristine Ranslem
Secretary
Digitally signed by Kristine
Ranslem
Date: 2013.11.08 14:17:15 -07'00'
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
CrossFit Eaton
USR13-0047
1. A Site Specific Development Plan and Use By Special Review Permit, USR13-0047, for a use
permitted as a Use By Right, an Accessory Use, or a Use By Special Review in the Commercial or
Industrial Zone Districts (personal training facility) 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 5:30 a.m. - 6:30 8:00 p.m. Monday — Saturday, as stated by the
applicant(s). (Department of Planning Services)
5. 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)
6. 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)
7. The historical flow patterns and runoff amounts will be maintained on the site. (Department of Public
Works)
8. Weld County is not responsible for the maintenance of onsite drainage related features. (Department
of Public Works)
9. There shall be no parking or staging of vehicles on County roads. On -site parking shall be utilized.
(Department of Public Works)
10. 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)
11. 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)
12. 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)
13. 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)
RESOLUTION USR13-0047
KEVIN & CHRISTINA CONTRERAS
PAGE 7
14. 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)
15. 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)
16. 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)
17. 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)
18. The applicant shall obtain a Colorado Discharge Permit System or CDPS permit from the Colorado
Department of Public Health and Environment (CDPH&E), Water Quality Control Division, as
applicable. (Department of Public Health and Environment)
19. 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)
20. 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)
21. Building permits maybe 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)
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.
RESOLUTION USR13-0047
KEVIN & CHRISTINA CONTRERAS
PAGE 8
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.
flV/7/e
// 5 I
laydown yard some employees would come at 6:30 or 7:00 p.m. The Chair asked the al
might propose for hours of operation. Mr. Dodson said it is a 24 hour operation bL
employees arriving at shift changes from 6-7 pm. Mr. Dodson added that he would like to propose hours
of operation from 5 am to 8 pm.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
Commissioner Maxey wanted to clarify if the hours of operation should be 24 hours as employees may
come to the job site from a fracing operation outside of the daylight hours and doesn't want to see him in
violation for being outside of the approved hours of operation. Mr. Dodson said that it would be a
possibility for employees to come to the site after daylight hours, in emergency cases.
Motion: Amend Development Standard 5 to read "The hours of operation will be 24 hours, 7 days a
week", Moved by Jordan Jemiola, Seconded by Jason Maxey. Motion carried unanimously.
The Chair asked the applicant if they have read through the amended Development Standards and
Conditions of Approval and if they are in agreement with those. The applicant replied that they are in
agreement.
Motion: Forward Case USR13-0043 to the Board of County Commissioners along with the amended
Conditions of Approval and Development Standards with the Planning Commission's recommendation of
approval, Moved by Jordan Jemiola, Seconded by Jason Maxey.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 7).
Yes: Bruce Sparrow, Jason Maxey, Jordan Jemiola, Joyce Smock, Mark Lawley, Michael Wailes, Nick
Berryman.
CASE NUMBER:
APPLICANT:
PLANNER:
REQUEST:
LEGAL DESCRIPTION:
LOCATION:
USR13-0047
KEVIN & CHRISTINA CONTRERAS
DIANA AUNGST
A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A USE PERMITTED AS A USE BY RIGHT, AN ACCESSORY
USE, OR A USE BY SPECIAL REVIEW IN THE COMMERCIAL OR
INDUSTRIAL ZONE DISTRICTS (PERSONAL TRAINING FACILITY)
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.
LOT A AMD REC EXEMPT RE -314; PART W2SW4 SECTION 18, T6N, R65W
OF THE 6TH P.M., WELD COUNTY. COLORADO.
EAST OF AND ADJACENT TO COUNTY ROAD 37; APPROXIMATELY ONE -
QUARTER MILE NORTH OF STATE HIGHWAY 392.
Commissioner Maxey and Commissioner Smock noted for the record that they have visited the site and
provided field check forms to staff.
Diana Aungst, Planning Services, presented Case USR13-0047, reading the recommendation and
comments into the record. Ms. Aungst noted that one letter was received from a surrounding property
owner outlining concerns regarding signage and requested that no sign be associated with this business.
The Department of Planning Services recommends approval of this application with the attached
conditions of approval and development standards.
Jennifer Petrik, Public Works, reported on the existing traffic, access and drainage conditions and the
requirements on site.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, or -site
dust control, and the Waste Handling Plan.
Kevin Contreras, 3327 CR 37, stated that he is operating a cross -training facility. He said that they coach
them on exercises and health training. He added that the classes are 1 hour in length.
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A6/43- 967 3`7
Commissioner Smock asked how he will accommodate parking. Mr. Contreras said that they don't expect
20 or 50 vehicles at any one time. He added in some classes they range from having 1-12 attendees so
they expect up to 12 vehicles at any given time and added that more than 1 person will come in a vehicle.
They have parking in front and overflow parking in the back to the east of the proposed facility.
Commissioner Wailes asked how long they have been in business. Mr. Contreras said that they started
in 2009 and have outgrown the previous facility. He added that they have been operating since 2012
from this facility.
Commissioner Maxey referred to Development Standard 4 relating to hours of operation and asked if
those hours need to be amended. Mr. Contreras thanked him for bringing it to his attention and said that
the last class starts at 6:30 pm.
Commissioner Maxey referred to the surrounding property owner letter regarding no signs. Mr. Contreras
said that he has talked to the property owner and said that he would like to keep good neighbors and
added that there is a sign on the north side of the property and that they are willing to negotiate the size
of the sign.
Commissioner Maxey noted that Item 2.A on Page 3 is conflicting whether all of the activities occur in the
pole barn. Mr. Contreras said that the majority of the activities are held inside the pole barn; however
they do have jogging exercises outside.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Parry Peppier stated that he lives in Faith Estates, across from the proposed facility. He said that they
moved out there for the peace of the area and said that he doesn't want to have a sign installed for the
facility.
Commissioner Sparrow asked if the facility is compatible with the area. Mr. Peppier said that as long as it
doesn't grow he believes it is. Mr. Peppier noted that the joggers at night might be a safety issue.
Jim Shaw, 33409 Faith Lane, said that he lives directly west of the facility. He said that he doesn't
believe that the lighting and signs are necessary in this subdivision.
Commissioner Sparrow asked if he thought the facility was compatible with the area. Mr. Shaw said that
they like their peace and quiet but said that the facility is there now.
John Cook, 42577 CR 19, stated that they have been coming to Cross Fit Eaton since it was located in
Eaton and decided to continue to come to this facility because of the atmosphere. He is a firefighter and
his wife is in healthcare and added that this operation is essential for them in their profession. He wanted
to speak in favor of this case.
Mr. Contreras said that he understands his neighbors concerns and does not want to decrease any
property values including his own. He does not intend to light the sign and just wants a sign to identify his
location so it doesn't cause any accidents when they slow down and try to find the location. He added
that he might put a light in the parking area east of the facility.
Commissioner Maxey indicated that if there will be lighting to the east of the facility it shouldn't directly
affect the neighbors. He commented that maybe a sign wouldn't be necessary if the cliental is
established and if the website includes a map that identifies the site. Mr. Contreras said that they get
some drive by folks that will stop in but most are referred.
Mr. Contreras requested if he could increase the hours from 5:30 to 7:30 pm.
Motion: Amend Development Standard 4 to amend hours of operation from 5:30 am to 8:00 pm Monday
through Saturday, Moved by Jason Maxey, Seconded by Bruce Sparrow.
Motion passed unanimously.
3
Ms. Aungst outlined the types of signs allowed in the agricultural zone district.
Commissioner Maxey said that he appreciated the effort from the applicant on working with the neighbors
with the sign and hopes that something can be mutually accepted but he doesn't feel it is necessary.
The Chair asked the applicant if they have read through the amended Development Standards and
Conditions of Approval and if they are in agreement with those. The applicant replied that they are in
agreement.
Motion: Forward Case USR13-0047 to the Board of County Commissioners along with the amended
Conditions of Approval and Development Standards with the Planning Commission's recommendation of
approval, Moved by Joyce Smock, Seconded by Bruce Sparrow.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 7).
Yes: Bruce Sparrow, Jason Maxey, Jordan Jemiola, Joyce Smock, Mark Lawley, Michael Wailes, Nick
Berryman.
The Chair called a recess at 2:49 pm and reconvened the hearing at 3:02 pm.
CASE NUMBER:
APPLICANT:
PLANNER:
REQUEST:
LEGAL DESCRIPTION:
LOCATION:
USR13-0044
AUSTIN PEITZ, C/O CRESA
DIANA AUNGST
A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR MINERAL RESOURCE DEVELOPMENT FACILITIES
INCLUDING OIL AND GAS SUPPORT AND SERVICE (TWO 8,000 S.F.
SHOP/OFFICE BUILDINGS, A MOBILE HOME FOR SECURITY HOUSING, A
DIESEL FUELING AREA, A PROPANE TANK, AND PARKING, STORAGE AND
MAINTENANCE OF FRAC HEATING TRUCKS, HOT OIL HEATING TRUCKS,
PROPANE TANK TRUCKS AND WATER TRANSPORT TRUCKS) IN THE A
(AGRICULTURAL) ZONE DISTRICT
LOT C REC EXEMPT RECX11-0036; PART SW4 SECTION 30, T4N, R66W OF
THE 6TH P.M., WELD COUNTY, COLORADO.
NORTH OF AND ADJACENT TO CR 40; WEST OF AND ADJACENT TO CR
25.5.
Diana Aungst, Planning Services, presented Case USR13-0044, reading the recommendation and
comments into the record. Staff has received 30 letters of opposition outlining concerns of noise, dust,
traffic, hours of operation, decreased property values and fire control. The Department of Planning
Services recommends approval of this application with the attached conditions of approval and
development standards.
Commissioner Maxey and Commissioner Smock noted for the record that they have visited the site and
provided field check forms to staff.
Commissioner Jemiola stated that he serves on the Milliken Town Board and noted that he had no part of
the Milliken referral that was returned to the County. He feels that he can make a fair and unbiased
decision in this matter.
Commissioner Wailes noted that he knows a number of the surrounding property owners who are in
opposition but feels that he can vote on an impartial basis. Commissioner Maxey clarified if he had any
conversations with the individuals about this case. Mr. Wailes stated he did not have any conversations
with them.
Jennifer Petrik, Public Works, reported on the existing traffic, access and drainage conditions and the
requirements on site.
Mary Evett, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site
dust control, and the Waste Handling Plan.
Commissioner Maxey asked Public Works for explanation on turn lanes onto Highway 60 since CDOT
stated that the applicant would need to have a Traffic Impact Study done. Ms. Petrik said that she will
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