HomeMy WebLinkAbout20131689.tiffBEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Benjamin Hansford, 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:
USR12-0063
MURDOFF HOLDINGS LLC
DIANA AUNGST
A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT ANY USE PERMITTED AS A USE BY RIGHT, AN ACCESSORY USE, OR
A USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE
DISTRICTS (OUTSIDE RECREATIONAL VEHICLE STORAGE) PROVIDED THAT
THE PROPERTY IS NOT A LOT IN AN APPROVED OR RECORDED
SUBDIVISION PLAT OR LOTS PARTS OF A MAP OR PLAN FILED PRIOR TO
ADOPTION OF ANY REGULATIONS CONTROLLING SUBDIVISIONS IN THE A
(AGRICULTURAL) ZONE DISTRICT.
LOT A REC EXEMPT RE -2798; PART SW4 SECTION 8, T6N, R67W OF THE 6TH
P.M., WELD COUNTY, COLORADO.
EAST AND ADJACENT TO CR 15; APPROXIMATELY 0.25 MILES NORTH OF
WINDSHIRE DRIVE.
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.7 - A.Policy 7.2 states, "Conversion of agricultural land to nonurban
residential, commercial, and industrial uses should be accommodated when the subject site is in
an area that can support such development, and should attempt to be compatible with the
region."
Section 22-2-20.G.7 - A.Policy 7.3. states, "Conversion of agricultural land to urban residential,
commercial and industrial uses should be considered when the subject site is located inside an
Intergovernmental Agreement area, Urban Growth Boundary area, Regional Urbanization Area
or Urban Development Nodes, or where adequate services are currently available or reasonably
obtainable. A municipality's adopted comprehensive plan should be considered, but should not
determine the appropriateness of such conversion."
Section 22-2-30 states, in part, that, "Urban development is characterized by designated areas
for residences, retail, offices, services and other uses that are primarily located along major
roadways, at major intersections and in subdivisions designed to accommodate these more
intense uses. It relies on higher levels of services and infrastructure. Urban development
patterns typically include a mix of residential, commercial, industrial and civic land uses in a
compact transportation -oriented form."
Section 22-2-30.UD.3. - UD.Policy 3.3. states, "Inside the County Urban Growth Boundary,
urban -type uses and services are planned and supported, and annexation is encouraged."
Section 22-2-80.D - 1. Goal 4 states, 'All new industrial 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.
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RESOLUTION USR12-0063
MURDOFF HOLDINGS LLC
PAGE 2
Section 22-2-20 I. A. Goal 9. States: "Reduce potential conflicts between varying land uses in the
conversion of traditional agricultural lands to other land uses."
The RV storage business will utilize approximately one (1) acre of a 2.225 acre parcel to park
approximately seventy-five (75) RVs. A Landscaping Plan has been submitted as well as a
Screening Plan. Staff is requesting additional screening for the RV storage area as well as a
Lighting Plan. These Conditions of Approval will assist in mitigating the impacts to the
surrounding land uses.
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 Any Use Permitted as a Use By Right, an
Accessory Use, or a Use By Special Review in the Commercial or Industrial Zone Districts
(Outside Recreational Vehicle Storage) provided that the property is not a lot in an approved or
recorded subdivision plat or lots parts of a map or plan filed prior to adoption of any regulations
controlling subdivisions in the A (Agricultural) Zone District.
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 and within the Town of Windsor's
Urban Growth Boundary. The adjacent properties are mainly utilized for pastures, crops, and
rural residences. The closest residence is located approximately ten (10) feet south of the
southern property line. This residence is owned by the applicant. The next closest residence is
approximately 195 feet south of the southern property line. There are five (5) USRs located
within one mile of this parcel. The closest USR is USR-65 for firewood processing. USR-8 for a
church, USR-845 for a dairy with 600 cows, USR-17 for a mining operation adjacent to HWY
392, and AmUSR-1251 for a commercial greenhouse, garden center and brewery The Windsor
Gardener and High Hops Brewery and are all within a one (1) mile radius of the subject site.
The Weld County Department of Planning Services has received two letters of opposition from
surrounding property owners. These letters state concerns about drainage, lighting, noise,
traffic, views, property values, and security.
The application materials state that a six (6) foot cedar fence will be placed between the closest
residence and the subject property and that a split -rail fence will surround the RV storage area
which is located on the eastern portion of the property. Planning is recommending that the
screening of the RV storage be opaque screening approximately six (6) feet in height. This
screening, 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 three miles of the Town of Windsor and within the Urban Growth
Boundary of the Town. The Town of Windsor in their referral dated October 18, 2012 stated that
they recommend that the County deny this USR request and that the subject property annex into
Windsor.
Section 22-2-40.E.1. - UD.Policy 5.1. The County should consider approving an urban
development proposal if all of the following criteria are met:
® The adjacent municipality does not consent to annex the land or property in a timely manner,
or annexation is not legally possible.
RESOLUTION USR12-0063
MURDOFF HOLDINGS LLC
PAGE 3
• The proposed development, including public facility and service provision, is consistent with
other urban -type uses and conforms to County regulations.
® The proposed urban development attempts to be compatible with the adjacent municipality's
comprehensive plan (though it may not necessarily conform to it).
The site is located within the Town of Windsor's Urban Growth Boundary, the application
materials state that this business will provide parking (storage) for approximately seventy-five
(75) recreational vehicles. This business does not rely on higher levels of services and
infrastructure as there is no office requested and no water and sewer services requested or
required. This RV storage business does not appear to meet the definition of urban
development as defined by the Weld County Code, therefore staff is recommending approval.
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 proposed lots will be required to adhere to the fee structure of the
Weld County Road Impact Program.
Building Permits issued on the proposed lots, will be required to adhere to the fee structure of
the County Facility Fee and Drainage Impact Fee.
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. There are improvements on the
site already including a single family dwelling unit. Therefore the proposed USR will take less
than 2 acres of Prime (Irrigated) Farmland out of production. The parcel is only 2.225 acres in
size and has had improvements on it for many years and is not conducive to farming.
G. Section 23-2-220.A.7 -- There is adequate provisions for the protection of 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/Circulation Plan to the Department of Planning Services for
review and approval. (Department of Planning Services)
RESOLUTION USR12-0063
MURDOFF HOLDINGS LLC
PAGE 4
C. The applicant shall submit a Screening Plan to the Department of Planning Services for review
and approval. The screening shall be in accordance with Chapter 23, Article II, Division 4,
Section 23-2-240(A)(10). (Department of Planning Services)
D. The applicant shall submit a Sign Plan to the Department of Planning Services for review and
approval. All sign details shall be shown on the plat. 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 submit a Lighting Plan, including cut -sheets of the lamps proposed to the
Department of Planning Services for review and approval. The lighting plan shall adhere to the
lighting requirements for off-street parking spaces per Section 23-4-30.E of the Weld County
Code and shall adhere to the lighting standards, in accordance with Section 23-3-360.F and
Section 23-2-250.D of the Weld County Code. Further, the approved Lighting Plan shall be
delineated on the plat. (Department of Planning Services)
The plat shall be amended to delineate the following:
1) All sheets of the plat shall be labeled USR12-0063. (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 Screening Plan. (Department of Planning Services)
6) The approved Parking/Circulation Plan. (Department of Planning Services)
7) The approved Signage Plan, (Department of Planning Services)
8) The approved Lighting Plan. (Department of Planning Services)
9) Label the turning radiuses into the site. A minimum of 45 foot radiuses are required to
allow trucks or RVs with trailers to turn. (Department of Public Works)
10) County Road 15 has been annexed by the Town of Windsor. Access and right-of-way
requirements will be determined by the Town. (Department of Public Works)
11) The gate must be set back 75 feet from future right-of-way to allow a truck or RV and
trailer to pull completely off of the roadway and open the gate after the future road
widening. (Department of Public Works)
G. The applicant shall attempt to address the concerns of the Windsor/Severance Fire Protection
District and provide evidence to the Department of Planning Services. (Department of Planning
Services)
RESOLUTION USR12-0063
MURDOFF HOLDINGS LLC
PAGE 5
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
maps@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 Service)
Motion seconded by Jordan Jemiola.
VOTE:
For Passage Against Passage
Robert Grand
Bill Hall
Benjamin Hansford
Nick Berryman
Joyce Smock
Jordan Jemiola
Absent
Mark Lawley
Jason Maxey
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 June 4, 2013.
Dated the 4`" of June, 2013.
Digitally signed by Kristine
,Panateirt„ Ranslem
Date: 2013.06.07 13:44:03 -06'00'
Kristine Ranslem
Secretary
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Murdoff Holdings, LLC
USR12-0063
A Site Specific Development Plan and Use By Special Review Permit, USR12-0063, is 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 (Outside Recreational Vehicle Storage) provided that the property is not a lot
in an approved or recorded subdivision plat or lots parts of a map or plan filed prior to adoption of any
regulations controlling subdivisions in the A (Agricultural) Zone District. (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 1 part-time employee, as stated in the application
materials. (Department of Planning Services)
4. The hours of operations shall be 7:00 a.m. to 7:00 p.m. Monday thru Friday and 9:00 a.m. to 5:00 p.m.
on Saturday and Sunday, by appointment, as stated in the application materials. (Department of
Planning Services)
5. All signs 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 Pursuant to Chapter 15, Articles I and II of the Weld County Code, 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. All vegetation, other than grasses, needs to be
maintained at a maximum height of 12 inches until the area is completely developed. (Department of
Public Works)
8. 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)
9. Weld County is not responsible for the maintenance of drainage related features. (Department of
Public Works)
10. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act,
30-20-100.5, C.R.S., as amended) shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination. (Department of Public Health &
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, 30-20-100.5, C.R.S., as amended. (Department of Public Health & Environment)
12. Waste materials shall be handled, stored, and disposed 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)
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 & Environment)
RESOLUTION USR12-0063
MURDOFF HOLDINGS LLC
PAGE 7
14. This facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone as
delineated in Section 14-9-30 of the Weld County Code. (Department of Public Health & Environment)
15. Adequate drinking, handwashing and toilet facilities shall be provided for employees and patrons of
the facility. If the facility does not exceed 10 customers or visitors per day and 4 part time (20 hour
week) employees, 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)
16. The operation shall comply with all applicable rules and regulations of State and Federal agencies
and the Weld County Code. (Department of Public Health & Environment)
17. 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)
18. 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)
19. 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)
20. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, of the Weld County Code.
21. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250, of the Weld County Code.
22. 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.
23. 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.
24. 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.
25. 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.
RESOLUTION USR12-0063
MURDOFF HOLDINGS LLC
PAGE 8
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)
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Motion: Forward Case USR13-0011 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 Bill Hall, Seconded by Joyce Smock.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 6).
Yes: Benjamin Hansford, Bill Hall, Jordan Jemiola, Joyce Smock, Nick Berryman, Robert Grand.
CASE NUMBER:
APPLICANT:
PLANNER:
REQUEST:
LEGAL DESCRIPTION:
LOCATION:
USR12-0063
MURDOFF HOLDINGS LLC
DIANA AUNGST
A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT ANY USE PERMITTED AS A USE BY RIGHT, AN ACCESSORY USE,
OR A USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL
ZONE DISTRICTS (OUTSIDE RECREATIONAL VEHICLE STORAGE)
PROVIDED THAT THE PROPERTY IS NOT A LOT IN AN APPROVED OR
RECORDED SUBDIVISION PLAT OR LOTS PARTS OF A MAP OR PLAN
FILED PRIOR TO ADOPTION OF ANY REGULATIONS CONTROLLING
SUBDIVISIONS IN THE A (AGRICULTURAL) ZONE DISTRICT.
LOT A REC EXEMPT RE -2798; PART SW4 SECTION 8, T6N. R67W OF THE
6TH P.M., WELD COUNTY, COLORADO.
EAST AND ADJACENT TO CR 15; APPROXIMATELY 0.25 MILES NORTH OF
WINDSHIRE DRIVE.
Diana Aungst, Planning Services, presented Case USR12-0063, reading the recommendation and
comments into the record. Ms. Aungst stated that staff has received two (2) letters of opposition from
surrounding property owners citing concerns of drainage, lighting, noise, traffic, views, property values
and security. This site is located within the Urban Growth Boundary of the Town of Windsor. The
Department of Planning Services recommends approval of this application with the attached conditions of
approval and development standards.
Heidi Hansen, 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.
Gordon Murdoff stated that he is proposing an RV storage area. There is currently no water available to
the site for agricultural use. He added that a horse trailer could be stored on site but no commercial
vehicles will be allowed.
Commissioner Grand asked the applicant if he considered annexing into the Town of Windsor. Mr.
Murdoff stated that he has had discussions with Windsor and indicated that Windsor denied annexation.
In response to Commissioner Smock's inquiry, Mr. Murdoff stated that access to the site is by
appointment only.
Commissioner Smock noted that the Windsor Fire Department submitted concerns on this facility. Mr.
Murdoff said that he left a message with the Fire Department but didn't receive a call back. He
understood that their concern was that a fire hydrant should be within 400 — 450 feet from the property.
He added that there is a fire hydrant that is located on County Road 15 which is 204 linear feet to the
corner of his property. Ms. Aungst stated that staff received a letter from the Windsor/Severance Fire
Protection District that included 9 comments. She suggested that a Condition of Approval stating that the
applicant should attempt to address these concerns be added to the staff report.
Motion: Add Condition of Approval 1.G to read "The applicant shall attempt to address the concerns of
the Windsor/Severance Fire Protection District and provide evidence to the Department of Planning
Services.", Moved by Benjamin Hansford, Seconded by Nick Berryman.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 6).
Yes: Benjamin Hansford, Bill Hall, Jordan Jemiola, Joyce Smock, Nick Berryman, Robert Grand.
The Chair asked if there was anyone in the audience who wished to speak for or against th
Zada Steidl stated that she owns the property that surrounds this site. She indicated that has been
approached by two (2) developers and plans to sell her property to one of them for a proposed
development. She asked the Planning Commission to keep this in mind regarding this case. She stated
that she is opposed to this proposal as it ruins their property value and it disturbs their livelihood. She
asked the Planning Commission to deny this request.
Scott Ballstadt, Chief Planner, Town of Windsor, 301 Walnut Street, Windsor, Colorado, stated that the
site is located in the Town's Growth Management Area. He added that the proposed use is an industrial
use surrounded by existing and planned residential uses. The Town respectfully disagrees that the 6 foot
privacy fence provides adequate screening for storage of the RV's. Additionally, the Town does not feel it
is compatible with the surrounding land uses.
In October 2012, the Town of Windsor Planning Commission submitted referral comments and asked that
the application be denied and that the applicant be referred to the Town for possible annexation. Mr.
Ballstadt said that the applicant has not contacted the Town to discuss annexation; however he was did
attend the Planning Commission hearing regarding this case.
If the project does move forward for approval, Mr. Ballstadt said that the Town is requesting that
Condition of Approval 1.F.10 acknowledges that the access is the jurisdiction of the Town of Windsor.
Additionally, that Development Standard 20 which refers to Weld County Code Section 23-2-240 should
be amended so that the access is designed to the Town's standards. The Chair asked for legal
advisement. Mr. Yatabe recommended that no changes be made to the conditions of approval as that is
typical language. Ms. Aungst stated that according to Section 23-2-240 there are design standards that
the USR needs to comply with. Under that section, subparagraph 8 talks about the standards that the
County uses as far as designing an access for ingress and egress into a site. She added that we would
not apply this since it is Windsor's jurisdiction. Mr. Yatabe agreed and recommended that the
development standard remain as it is.
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 USR12-0063 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 Benjamin Hansford, Seconded by Jordan Jemiola.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 6).
Yes: Benjamin Hansford, Bill Hall, Jordan Jemiola, Joyce Smock, Nick Berryman, Robert Grand.
Commissioner Berryman encouraged the applicant to provide as much screening as possible.
CASE NUMBER:
APPLICANT:
PLANNER:
REQUEST:
LEGAL DESCRIPTION:
LOCATION:
USR13-0014
UFI FEEDING LLC
MICHELLE MARTIN
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, (BATTING CAGES, GYMNASTICS FACILITY
AND BASEBALL FIELDS), 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.
PART NE4 SECTION 13, T4N, R68W AND LOT B REC EXEMPT RE -1917
BEING PART NE4 SECTION 13, T4N, R68W OF THE 6TH P.M., WELD
COUNTY, COLORADO.
SOUTH OF AND ADJACENT TO CR 46 AND WEST OF AND ADJACENT TO
CR 13.
Michelle Martin, Planning Services, presented Case USR13-0014, reading the recommendation and
comments into the record. Ms. Martin stated that three (3) letters were received from surrounding
property owners in opposition to this case citing impacts of traffic, noise, trash, bright lights, wildlife and
that the proposed use would be better suited in a different location such as a municipality. One (1) letter
Hello