HomeMy WebLinkAbout20130950.tiffBEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSI
Moved by Mark Lawley, 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: USR13-0003
APPLICANT: DENNIS KESSLER
PLANNER: DIANA AUNGST
REQUEST: 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 (INDOOR AND OUTDOOR STORAGE OF EQUIPMENT FOR A
CONSTRUCTION AND A CONCRETE CONSTRUCTION BUSINESS) PROVIDED
THAT THE PROPERTY IS NOT A LOT IN AN APPROVED OR RECORDED
SUBDIVISION PLAT OR LOTS PARTS OF A MAP OR PLAN FILED PRIOR TO
ADOPTION OF ANY REGULATIONS CONTROLLING SUBDIVISIONS IN THE A
(AGRICULTURAL) ZONE DISTRICT.
LEGAL DESCRIPTION: LOT B REC EXEMPT RE -3758; PART SW4 SECTION 32, T6N, R67W OF THE
6TH P.M., WELD COUNTY, COLORADO.
LOCATION: NORTH OF AND ADJACENT TO CR 62 (CROSSROADS BLVD); EAST OF
AND ADJACENT TO CR 15.
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 have two buildings on the —8 acre parcel and to store equipment
for his construction business in these two buildings and to screen any outdoor storage with a six
(6) foot metal fence.
Section 22-2-100.C - C. Goal 3 states, "All new commercial development should pay its own
way.
The applicant will be responsible for covering all costs for all on -site and any applicable off -site
improvements associated with this use, as required through the Improvements Agreement and
Conditions of Approval.
Section 22-2-100.E. - C.Goal 5. states "Minimize the incompatibilities that occur between
commercial uses and surrounding properties."
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 improvements on the property consist of two buildings and two cargo containers. The items
to be stored in the buildings are tools, shovels, wheelbarrows, compactors, nails, saws, skidster,
etc. The application materials indicate that the storage of tools will be contained inside the
buildings or screened behind a six (6) foot metal privacy fence. The six (6) foot metal fence and
proposed landscaping, along with the Development Standards and the other Conditions of
Approval, will assist in mitigating the impacts of the facility on the adjacent properties.
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RESOLUTION USR13-0003
DENNIS KESSLER
PAGE 2
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 allows for, 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
(Indoor and Outdoor Storage of Equipment for a Construction and a Concrete Construction
Business) 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 (ZCV12-00202). This violation was initiated due to the
operation of a construction business and associated storage of vehicles and equipment without
first completing the necessary Weld County Zoning Permits. If this application is approved and a
plat is recorded this violation will be closed. If denied, all commercial operation and storage of
commercial vehicles and/or equipment shall be removed from the property within thirty days of
the 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 site is adjacent to the Town of Windsor's Corporate Limits. The adjacent properties are
mainly utilized for pastures, crops, and rural residences. The nearest residence that is not
owned by the applicant is located approximately 215 feet southwest from the southwest corner
of the property and across County Road 62 (Crossroads Blvd). The Weld County Department of
Planning Services has received one letter from a surrounding property owner. The letter states
that since the applicant is proposing outdoor storage that the project is not consistent with the
development proposed to the west (Water Valley West), the Windsor Comprehensive Plan, or
the future plans to connect 'O' Street to Crossroads Blvd. Currently the property to the west is
vacant land, the uses shown on the plan for the property adjacent to the subject property is an
89.7 acre private park with uses such as an amphitheater, equestrian center and sports facility.
The applicant is proposing to screen any outdoor storage with a six (6) foot metal fence and
landscaping.
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
Windsor. The City of Greeley in their referral dated February 21, 2013 stated that the site is in
the Urban Growth Boundary for Windsor and therefore they did not have any concerns with this
project.
The Town of Windsor in their referral dated February 12, 2013 stated that:
The [Windsor] Planning Commission voted to request that the Planning Department forward the
following comments to Weld County for their consideration:
1. It does not appear that the site plan accurately depicts improvements on the property. As
an example, the driveway on the west side of the property is not shown on the site plan.
2. The proposed use is inconsistent with the Windsor Land Use Map designation of E-2
(High Density Estate Residential).
3. Planning Commission does not recommend annexation at this time because Town of
Windsor water and sewer is not in the vicinity of the site.
4. The applicant has proposed adding three trees to the site for additional screening. The
Planning Commission recommends additional landscaping to reduce the impacts of the
large fenced area, and the opening in the fence.
RESOLUTION USR13-0003
DENNIS KESSLER
PAGE 3
The applicant is proposing to screen any outdoor storage with a six (6) foot metal fence and
landscaping.
E. Section 23-2-220.A.5 -- The application complies with Article V of the Weld County Code. The
existing site is within the County Road Impact Fee Area and the Capital Expansion Impact Fee
and Drainage Impact Fee areas.
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 Program.
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 soils designated as "Prime (Irrigated)" per the 1979 Soil
Conservation Service Important Farmlands of Weld County Map. The proposed USR is located
on Lot B of RE -3758 which was approved in 2004. The subject property has improvements on it
and is 8.3 acres in size. It appears as if it has not been used as crop land for the last few years
and therefore this USR will not take any Prime (Irrigated) Farmland 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.
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 enter into a Private Improvements Agreement According to Policy Regarding
Collateral for Improvements and post adequate collateral for all transportation (access drive,
parking areas, et cetera) and non -transportation (fencing, screening, drainage et cetera). The
agreement and form of collateral shall be reviewed by County Staff and accepted by the Board of
County Commissioners prior to recording the USR plat. The applicant may submit evidence that
all the work has been completed and reviewed by the Departments of Planning Services and
Public Works. (Department of Planning Services)
B. The applicant shall submit a Parking Plan to the Department of Planning Services for review and
approval. (Department of Planning Services)
1) 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 two employees (10
proposed) and 1 parking space for every 1,000 square feet of warehouse space (-6,000
proposed) for a total of 11 parking spaces. One of the 11 parking spaces shall meet the
requirements of ADA. Further, the applicant shall delineate curb stops for the parking
spaces shown on the Use by Special Review plat. (Department of Planning Services)
RESOLUTION USR13-0003
DENNIS KESSLER
PAGE 4
2) The applicant shall adhere to the ADA standards for the subject property at all times.
Non-ambulatory/ambulatory parking spaces shall be identified and shown on the plat. The
ADA parking spaces must be the closest possible to the entrance. Signage will be
required. Curb cuts, ramps, and other methods of providing accessibility shall be required
to reasonably attempt to meet the requirements of the ADA standards. (Department of
Planning Services)
C. The applicant shall submit a Lighting Plan to the Department of Planning Services for review and
approval. (Department of Planning Services)
D. 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)
E. The applicant shall address the requirements (concerns) of the Weld County Department of
Building Inspection, as stated in the referral response dated March 6, 2013. Evidence of such
shall be submitted, in writing, to the Weld County Department of Planning Services. (Department
of Building Inspection)
F. The applicant shall submit a dust abatement plan, detailing on site dust control measures, for
review and approval, to the Environmental Health Services, Weld County Department of Public
Health & Environment. (Department of Public Health & Environment)
G. The plat shall be amended to delineate the following:
1) All sheets of the plat shall be labeled USR13-0003. (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)
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 Parking Plan. (Department of Planning Services)
6) The approved Landscape/Screening Plan. (Department of Planning Services)
7) The approved Signage Plan, as applicable. (Department of Planning Services)
8) The approved Lighting Plan, as applicable. (Department of Planning Services)
9) County Road 62 (Crossroads Blvd) is designated on the Weld County Road Classification
Plan as an arterial roadway, which requires 140 feet of right-of-way at full build out. The
applicant shall verify the existing 60 feet of right-of-way and the documents creating the
right-of-way and this information shall be noted on the plat. All setbacks shall be
measured from the edge of future right-of-way which is 70 feet from the center line of
Crossroads Blvd. This future right-of-way shall be indicated on the plat. If the existing
right-of-way cannot be verified, it shall be dedicated. This road is maintained by Weld
County. (Department of Public Works)
RESOLUTION USR13-0003
DENNIS KESSLER
PAGE 5
10) The east side County Road 15 Section Line has 30 feet of unmaintained County line right-
of-way. The applicant shall verify the existing 30 feet of right-of-way and the documents
creating the right-of-way and this information shall be noted on the plat. All setbacks shall
be measured from the edge of right-of-way. (Department of Public Works)
11) Show the existing access point on the Plat and label it with the Access Permit number (will
be provided). (Department of Public Works)
12) Delineate the water quality feature(s) on the plat and label as "No Build/Storage Area".
Label the volume and dimensions of the water quality feature(s) on the plat. (Department
of Public Works)
13) Show a 45 foot radius on the map for access onto County Road 62 to accommodate
commercial/truck traffic. (Department of Public Works)
14) Show areas of gravel, paving, or recycled concrete/asphalt, identify parking areas.
(Department of Public Works)
15) Show on the map the type of right-of-way/easement and indicate whether it is dedicated,
private, or deeded to provide adequate access to the parcel. (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 orArcGIS Personal GeoDataBase (MDB). The preferred format
for Images is .tif (Group 4). (Group 6 is not acceptable). This digital file may be sent to
mapsa,co.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 Bret Elliott.
RESOLUTION USR13-0003
DENNIS KESSLER
PAGE 6
VOTE:
For Passage
Benjamin Hansford
Mark Lawley
Jason Maxey
Joyce Smock
Bret Elliott
Against Passage
Bill Hall
Jordan Jemiola
Absent
Robert Grand
Nick Berryman
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 April 2, 2013.
Dated the 2nd of April, 2013.
6.46.6k,`&,ac2in,
Kristine Ranslem
Secretary
Digitally signed by Kristine Ranslem
Date: 2013.04.08 09:00:13 -06'00'
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
USR13-0003
1. A Site Specific Development Plan and Use by Special Review Permit USR13-0003 is 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 (Indoor and Outdoor Storage of Equipment for a Construction and a Concrete
Construction Business) 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. (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 limited to 10, as stated in the application materials.
(Department of Planning Services)
4. The hours of operations shall be limited to 7:00 a.m. to 5:00 p.m. Monday thru Friday and 7:00 a.m. to
12:00 p.m. (noon) on Saturday, as stated in the application materials. (Department of Planning
Services)
5. All signs, if any, shall be in compliance with the Weld County Code. (Department of Planning
Services)
6. The landscaping, screening, and sign(s) on site shall be maintained in accordance with the approved
Landscape/Screening/Sign Plans. (Department of Planning Services)
7. If 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)
8. Off-street parking spaces and internal drive isles shall be surfaced with gravel, asphalt, recycled
asphalt base, concrete or the equivalent and shall be graded to prevent drainage problems.
(Department of Public Works)
9. The historical flow patterns and run-off amounts will be maintained on site in such a manner that it will
reasonably preserve the natural character of the area and prevent property damage of the type
generally attributed to run-off rate and velocity increases, diversions, concentration and/or unplanned
ponding of storm run-off. (Department of Public Works)
10. The applicant must take into consideration storm water quality and provide accordingly for best
management practices. (Department of Public Works)
11. Weld County is not responsible for the maintenance of drainage related features. This must be
addressed by the homeowner's association or owner. (Department of Public Works)
12. 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 & Environment)
13. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those
wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites
and Facilities Act, 30-20-100.5, C.R.S., as amended. (Department of Public Health & Environment)
14. 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 & Environment)
RESOLUTION USR13-0003
DENNIS KESSLER
PAGE 8
15. 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 & Environment)
16. This facility shall adhere to the maximum permissible noise levels allowed in the Non -specified Zone
as delineated in Section 14-9-30 of the Weld County Code. (Department of Public Health &
Environment)
17. 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 & Environment)
18. Adequate drinking, handwashing and toilet facilities shall be provided for employees and patrons of
the facility, at all times. As employees or contractors are on site for less than 2 consecutive hours a
day portable toilets and bottled water are acceptable. Records of maintenance and proper disposal for
portable toilets shall be retained on a quarterly basis and available for review by the Weld County
Department of Public Health and Environment. Portable toilets shall be serviced by a cleaner
licensed in Weld County and shall contain hand sanitizers. (Department of Public Health &
Environment)
19. A Colorado Discharge Permit System or CDPS permit from the Colorado Department of Public Health
and Environment (CDPH&E), Water Quality Control Division shall be obtained, as applicable.
(Department of Public Health & Environment)
20. All potentially hazardous chemicals must be handled in a safe manner in accordance with product
labeling and in a manner that minimizes the release of hazardous air pollutants (HAP's) and volatile
organic compounds (VOC's). All chemicals must be stored secure, on an impervious surface, and in
accordance with manufacturer's recommendations. (Department of Public Health & Environment)
21. The operation shall comply with all applicable rules and regulations of the state and federal agencies
and the Weld County Code. (Department of Public Health & 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; and Neither
direct nor reflected light from any light source may create a traffic hazard to operators of motor
vehicles on public or private streets and no colored lights may be used which may be confused with or
construed as traffic control devices. (Department of Planning Services)
23. Building Permits issued on the proposed lots will be required to adhere to the fee structure of the
County -Wide Road Impact Fee Program. (Ordinance 2011-2)
24. Building Permits issued on the lot, will be required to adhere to the fee structure of the County Facility
Fee and Drainage Impact Fee Programs. (Ordinance 2011-2)
25. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, of the Weld County Code.
26. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250, of the Weld County Code.
27. 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.
RESOLUTION USR13-0003
DENNIS KESSLER
PAGE 9
28. 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.
29. 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.
30. WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive agricultural
counties in the United States, typically ranking in the top ten counties in the country in total market
value of agricultural products sold. The rural areas of Weld County may be open and spacious, but
they are intensively used for agriculture. Persons moving into a rural area must recognize and accept
there are drawbacks, including conflicts with long-standing agricultural practices and a lower level of
services than in town. Along with the drawbacks come the incentives which attract urban dwellers to
relocate to rural areas: open views, spaciousness, wildlife, lack of city noise and congestion, and the
rural atmosphere and way of life. Without neighboring farms, those features which attract urban
dwellers to rural Weld County would quickly be gone forever.
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area. Well -run agricultural
activities will generate off -site impacts, including noise from tractors and equipment; slow -moving farm
vehicles on rural roads; dust from animal pens, field work, harvest and gravel roads; odor from animal
confinement, silage and manure; smoke from ditch burning; flies and mosquitoes; hunting and
trapping activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and
fertilizers in the fields, including the use of aerial spraying. It is common practice for agricultural
producers to utilize an accumulation of agricultural machinery and supplies to assist in their
agricultural operations. A concentration of miscellaneous agricultural materials often produces a
visual disparity between rural and urban areas of the County. Section 35-3.5-102, C.R.S., provides
that an agricultural operation shall not be found to be a public or private nuisance if the agricultural
operation alleged to be a nuisance employs methods or practices that are commonly or reasonably
associated with agricultural production.
Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to
assume that ditches and reservoirs may simply be moved "out of the way" of residential development.
When moving to the County, property owners and residents must realize they cannot take water from
irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water.
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. (Department of Planning Services)
PC n'Uffiuieo 4- -13
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, April 2, 2013
A regular meeting of the Weld County Planning Commission was held in the Weld County Administration
Building, Hearing Room, 1150 O Street, Greeley, Colorado. This meeting was called to order by Chair,
Jason Maxey, at 1:30 pm.
Roll Call.
Present: Benjamin Hansford, Bill Hall, Bret Elliott, Jason Maxey, Jordan Jemiola, Joyce Smock, Mark
Lawley.
Absent/Excused: Nick Berryman, Robert Grand.
Also Present: Kim Ogle and Diana Aungst, Department of Planning Services; Don Carroll, Department of
Public Works; Lauren Light, Department of Health; Brad Yatabe, County Attorney, and Kris Ranslem,
Secretary.
Motion: Approve the March 5, 2013 Weld County Planning Commission minutes, Moved by Benjamin
Hansford, Seconded by Joyce Smock. Motion passed unanimously.
CASE NUMBER: USR13-0003
APPLICANT: DENNIS KESSLER
PLANNER: DIANA AUNGST
REQUEST: 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 (INDOOR AND OUTDOOR STORAGE OF
EQUIPMENT FOR A CONSTRUCTION AND A CONCRETE CONSTRUCTION
BUSINESS) PROVIDED THAT THE PROPERTY IS NOT A LOT IN AN
APPROVED OR RECORDED SUBDIVISION PLAT OR LOTS PARTS OF A
MAP OR PLAN FILED PRIOR TO ADOPTION OF ANY REGULATIONS
CONTROLLING SUBDIVISIONS IN THE A (AGRICULTURAL) ZONE
DISTRICT.
LEGAL DESCRIPTION: LOT B REC EXEMPT RE -3758; PART SW4 SECTION 32, T6N, R67W OF THE
6TH P.M., WELD COUNTY, COLORADO.
LOCATION: NORTH OF AND ADJACENT TO CR 62 (CROSSROADS BLVD); EAST OF
AND ADJACENT TO CR 15.
Diana Aungst, Planning Services, presented Case USR13-0003, reading the recommendation and
comments into the record. Ms. Aungst stated that one letter from a surrounding property was received
and it stated that the outdoor storage proposed is not consistent with the development proposed to the
west (Water Valley West) and is not consistent with the Windsor Comprehensive Plan or the future plans
to connect O Street to Crossroads Boulevard. Ms. Aungst stated that currently the land to the west is
vacant land and the uses shown on the plan for this property is an 89.7 acre private park with uses such
as an amphitheatre, equestrian center and sports facility. She added that the applicant is proposing to
screen any outdoor storage with a 6 foot metal fence and new landscaping. Ms. Aungst read the referral
comments from the Town of Windsor and the City of Greeley into the record. The Department of
Planning Services recommends approval of this application with the attached conditions of approval and
development standards.
Don Carroll, 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, on -site
dust control, and the Waste Handling Plan.
Dennis Kessler, 7075 CR 62, stated that he would like to operate a small scale concrete business. Some
of the equipment is stored on site and consists of pickup trucks with trailers and there may be forms on
the trailers. Most of the equipment is at the job site and will travel to other job sites.
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Mr. Kessler added that he feels the two buildings are agricultural in nature and would blend well with the
proposed equestrian center to the west.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Patrick McMeekin Water Valley Land Company, 1625 Pelican Lakes Point, stated that they are the
landowners to the north and west of this proposed site. He provided a copy of the approved Master Plan
for the development to the west that has been on file with the Town of Windsor since March 2011. Mr.
McMeekin stated that sewer from the Town of Windsor is proposed to come across the subject property
and provide sanitary sewer to the Water Valley West development. He requested denial of this USR as it
is inconsistent with the Town of Windsor Comprehensive Plan and the Master Plan for Water Valley West
development. Mr. McMeekin stated that the handout provides a development plan for the entire 1100
acres. The private park serves the whole region and would consist of a proposed equestrian center,
sports fields, and children playgrounds.
Mr. McMeekin stated that since the Town of Windsor issued just under 500 building permits in the last
year they believe that essentially this development is a viable project in the next year to two years.
Mr. McMeekin added that they sent a response to Ms. Aungst dated February 19, 2013 stating their
concerns with nonconformance of this USR and have not heard from Mr. Kessler.
Mr. Kessler said that he was never approached, called or mailed by Mr. McMeekin or Martin Lind, the
landowner. He was never approached about his input with the development to the west or the vacation
and annexation of County Road 15. He has owned this property for a number of years and has had an
approved access to the site six or seven years ago when he subdivided the property.
Mr. Kessler said that he understands that this is an approved plan for Water Valley but after talking with
the Town of Windsor this morning, there is no sewer line approved to date. He believes that the
engineering and construction of the sewer line would take about 1 year so he feels that the development
would not be built in 3 to 5 years.
Mr. Kessler stated that the buildings are agricultural oriented so even if this application is not approved
the buildings are allowed. He is willing to do whatever landscaping is required.
The Chair asked the applicant if they have read through the 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 USR13-0003 to the Board of County Commissioners along with the Conditions of
Approval and Development Standards with the Planning Commission's recommendation of approval,
Moved by Mark Lawley, Seconded by Bret Elliott.
Vote: Motion passed (summary: Yes = 5, No = 2, Abstain = 0).
Yes: Benjamin Hansford, Bret Elliott, Jason Maxey, Joyce Smock, Mark Lawley.
No: Bill Hall, Jordan Jemiola.
Commissioner Hall commented that he felt this is not compatible with the surrounding homes and the
Windsor Comprehensive Plan.
Commissioner Lawley commented that Mr. Kessler has the right to do what he wants with his land as long
as he meets the County's requirements. Mr. Lawley added that he has met those requirements and
added that Water Valley has the opportunity to purchase the land from Mr. Kessler if they desire to further
their development.
Commissioner Maxey concurred with Mr. Lawley's comments and added that he believes the applicant,
through the development standards and conditions of approval, can easily make this site compatible. He
added that he has driven past this site and never knew that this business was located there.
CASE NUMBER: USR13-0005
APPLICANT: DCP MIDSTREAM
PLANNER: KIM OGLE
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