HomeMy WebLinkAbout20130642.tiffBEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIO
Moved by Robert Grand, 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:
USR12-0078
INTERRA, LLC, C/O KEITH & CHRISTINA ROTH
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 (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.
LOTA REC EXEMPT RE -4275; PART SE4 SECTION 32, T5N, R64W OF THE 6TH
P.M., WELD COUNTY, COLORADO.
WEST AND ADJACENT TO CR 53 AND APPROXIMATELY 760 FEET NORTH OF
CR 50.
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."
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 applicant is proposing to build a storage building and an office on the site. The storage
building will be used primarily to store construction materials, tools, equipment and supplies.
The application materials state that there will be no outdoor storage. The Conditions of Approval
state that a screening plan is required. This screening, 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 Agricultural (A)
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
RESOLUTION USR12-0078
INTERRA, LLC, C/O KEITH & CHRISTINA ROTH
PAGE 2
(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.
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 located approximately one and three-quarter miles south of the Town of Kersey.
Adjacent properties are mainly utilized for pastures, crops, and rural residences. The nearest
residence is located approximately 300 feet north of the north property line. The Weld County
Department of Planning Services has received no comments/concerns from the surrounding
property owners. The Development Standards along with the Conditions of Approval for this
proposal will assist in mitigating the impacts of the facility on the adjacent properties and attempt
to 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 Kersey. The Town of Kersey in their referral
dated December 27, 2012 stated that they did not have any concerns with this USR.
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.
Effective April 25, 2011, Building Permits issued on the proposed lots will be required to adhere
to the fee structure of the Weld County Road Impact Program. (Ordinance 2011-2)
Effective April 25, 2011, 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. (Ordinance 2011-2)
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 primarily located on soils designated as "Irrigated Land, Not Prime" per
the 1979 Soil Conservation Service Important Farmlands of Weld County Map. The proposed
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 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
RESOLUTION USR12-0078
INTERRA, LLC, CIO KEITH & CHRISTINA ROTH
PAGE 3
County Commissioners prior to recording the USR plat. The applicant may submit evidence that
all the work has been completed and reviewed by the Department of Planning Services and the
Department of Public Work. (Department of Planning Services)
B. The applicant shall submit a Loading and 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 (15
proposed), 1 parking space for every 500 square feet of office space (1500 proposed),
and 1 parking space for every 1,000 square feet of warehouse space (16,320 proposed)
for a total of 28 parking spaces. Two of the 28 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)
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 to the Department of Planning Services with a Lighting Plan for review
and approval. (Department of Planning Services)
D. The applicant shall submit a Landscaping/Screening Plan to the Department of Planning
Services for review and approval. All parking areas shall be screened from adjacent properties
and public rights of way. (Department of Planning Services)
E. 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)
F. The plat shall be amended to delineate the following:
1) All sheets of the plat shall be labeled USR12-0078. (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. states that,
"Areas used for storage or trash collection shall be screened from adjacent public rights -
of -way and adjacent properties. These areas shall be designed and used in a manner that
will prevent wind- or animal -scattered trash." (Department of Planning Services)
5) The approved Loading and Parking Plan. (Department of Planning Services)
6) The approved Landscape/Screening Plan. (Department of Planning Services)
7) The approved Signage Plan. (Department of Planning Services)
8) The approved Lighting Plan. (Department of Planning Services)
RESOLUTION USR12-0078
INTERRA, LLC, C/O KEITH & CHRISTINA ROTH
PAGE 4
9) County Road 53 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 the
existing 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.
If the right-of-way cannot be verified, it shall be dedicated. This road is maintained by
Weld County. (Department of Public Works)
10) Show the approved access on the plat and label with the approved access permit number
(will be provided). (Department of Public Works)
11) Label the turning radiuses into the site. A minimum of 45 foot radiuses are required to
allow trucks with trailers to turn. (Department of Public Works)
2. Upon completion of 1. above the applicant shall submit three (3) paper copies of the plat or an
electronic copy of the plat for preliminary approval to the Weld County Department of Planning
Services. Upon approval of the paper copies 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 Department of Planning Services' Staff. 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. The Department of Planning Services respectively requests the surveyor provide a digital copy of this
Use by Special Review. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable
GIS formats are ArcView shapefiles, Arclnfo Coverages and Arclnfo Export files format type is .e00.
The preferred format for Images is .tif (Group 4). (Group 6 is not acceptable). This digital file may be
sent to dhuerteraco.weld.co.us (Department of Planning Services)
4. Prior to issuance of the building permit:
a) A Commercial building permit will be required for all new construction. A building permit
application must be completed and two complete sets of plans including engineered foundation
plans bearing the wet stamp of a Colorado registered architect or engineer must be submitted for
review. A geotechnical engineering report performed by a registered State of Colorado engineer
shall be required. An electrical permit will be required if any site electrical is installed.
(Department of Building Inspection)
b) Buildings and structures shall conform to the requirements of the various codes adopted at the
time of permit application. Currently the following has been adopted by Weld County: 2012
International Building Code; 2012 International Mechanical Code; 2012 International Plumbing
Code: 2006 International Energy Code; 2012 International Fuel Gas Code; 2011 National
Electrical Code; 2009 ANSI 117.1 Accessibility Code and Chapter 29 of the Weld County Code.
(Department of Building Inspection)
c) A plan review shall be approved and a permit must be issued prior to the start of construction.
(Department of Building Inspection)
5. Prior to issuance of the certificate of occupancy:
a) An individual sewage disposal system is required for the proposed facility office and shall be
installed according to the Weld County Individual Sewage Disposal Regulations. The septic
system is required to be designed by a Colorado Registered Professional Engineer. (Department
of Public Health & Environment)
Motion seconded by Joyce Smock.
RESOLUTION USR12-0078
INTERRA, LLC, C/O KEITH & CHRISTINA ROTH
PAGE 5
VOTE:
For Passage
Robert Grand
Benjamin Hansford
Mark Lawley
Nick Berryman
Jason Maxey
Joyce Smock
Jordan Jemiola
Against Passage
Absent
Bill Hall
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 February 19, 2013.
Dated the 19th of February, 2013.
Digitally signed by Kristine Ranslem
Date: 2013.02.21 13:41:28 -07'00'
Kristine Ranslem
Secretary
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
USR12-0078
1. 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
(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.
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. Hours of operation shall be 24 hours a day, 7 days a week. (Department of Planning Services)
4. The number of on -site employees for all businesses located on the site shall be limited to 15, 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. In'ham en''h' a Prior to any portion of the building is proposed to be being leased to another
construction company in the future, the applicant shall submit a copy of the lease agreement and
information regarding the proposed use of the leased portion to the Weld County Department of
Planning Services for review. Based upon the proposed use and/or impacts of the leased portion, the
Department of Planning Services may require an Amendment to the Use by Special Review
application. (Department of Planning Services)
8. 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)
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. Weld County is not responsible for the maintenance of drainage related features. (Department of
Public Works)
11. 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)
12. 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)
13. 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)
RESOLUTION USR12-0078
INTERRA, LLC, C/O KEITH & CHRISTINA ROTH
PAGE 7
14. 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)
15. 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)
16. 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)
17. The facility shall utilize the public water supply. (Central Weld County Water District)
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 and there are 2 or less full time (40 hour week) employees located on site, 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. 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 & 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. Process wastewater (such as floor drain wastes) shall be captured in a watertight vault and hauled off
for proper disposal. Records of installation, maintenance, and proper disposal shall be retained.
(Department of Public Health & Environment)
22. The facility shall comply with the Air Pollution Emission Notice (A.P.E.N.) permit requirements as
stipulated by the Air Pollution Control Division, Colorado Department of Public Health and
Environment, as applicable. (Department of Public Health & Environment)
23. 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)
24. 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)
25. Effective April 25, 2011, Building Permits issued on the proposed lots will be required to adhere to the
fee structure of the Weld County Road Impact Program.(Ordinance 2011-2) (Department of Planning
Services)
26. Effective April 25, 2011, 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. (Ordinance 2011-2) (Department of
Planning Services)
27. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the
property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk
and Recorder. (Department of Planning Services)
RESOLUTION USR12-0078
INTERRA, LLC, CIO KEITH & CHRISTINA ROTH
PAGE 8
28. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code. (Department of Planning Services)
29. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250, Weld County Code. (Department of Planning Services)
30. 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. (Department of
Planning Services)
31. The 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. (Department of Planning Services)
32. 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. (Department of Planning
Services)
33. 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
RESOLUTION USR12-0078
INTERRA, LLC, C/O KEITH & CHRISTINA ROTH
PAGE 9
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, irtir1c2/O/l J
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, February 19, 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, Jason Maxey, Jordan Jemiola, Joyce Smock, Mark Lawley, Nick Berryman,
Robert Grand.
Absent/Excused: Bill Hall, Bret Elliott.
Also Present: Kim Ogle, Diana Aungst, and Tiffane Johnson, Department of Planning Services; Don
Carroll, Jennifer Petrik, and Heidi Hansen, Department of Public Works; Lauren Light and Mary Evett,
Department of Health; Brad Yatabe, County Attorney, and Kris Ranslem, Secretary.
Motion: Approve the February 5, 2013 Weld County Planning Commission minutes, Moved by Robert
Grand, Seconded by Joyce Smock. Motion passed unanimously.
CASE NUMBER:
APPLICANT:
PLANNER:
REQUEST:
LEGAL DESCRIPTION:
LOCATION:
USR12-0078
INTERRA, LLC, C/O KEITH & CHRISTINA ROTH
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 (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.
LOT A REC EXEMPT RE -4275; PART SE4 SECTION 32, T5N, R64W OF THE
6TH P.M., WELD COUNTY, COLORADO.
WEST AND ADJACENT TO CR 53 AND APPROXIMATELY 760 FEET NORTH
OF CR 50.
Diana Aungst, Planning Services, presented Case USR12-0078, reading the recommendation and
comments into the record. 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.
Commissioner Maxey referred to the memo submitted from Environmental Health as well as the "Prior to
Recording the Plat Condition of Approval 5" and said that they appear to contrast Development Standard
18. Ms. Light recommended amending Condition of Approval 5 by referring to "office" rather than
"proposed facility".
Motion: Amend Condition of Approval 5 by changing "proposed facility" to "office", Moved by Robert
Grand, Seconded by Benjamin Hansford.
Motion passed unanimously.
Christina Roth stated that they own both Interra, LLC and Roth Enterprises, Inc. which will be leasing the
property as well. She said that they have agricultural roots and are very aware of the strong agricultural
industry. She added that they built this business which is largely supported by the agricultural community
by building pole frame buildings. In addition they do build residential and commercial buildings; however
90% of the buildings that they build are in the rural part of Weld County and the surrounding counties. As
their business is starting to grow, it is becoming more important to find a location for their business. They
have recently purchased this property to seek the special permit for this business. They currently have 3
full-time employees of which are not on site all day.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
Ms. Roth inquired about the fees associated with the Use by Special Review Permit. Specifically, she
referred to Section 23-2-220.A.5 regarding the Road Impact Fee, Capital Expansion fee and the Drainage
Impact Fee. She said that nobody has been able to tell them which category they would fit under for the
Road Impact Fee. She added that they would like clarification on which category they would fit in
because these could be significant costs to them. Ms. Aungst stated that as they discussed this with the
applicant, the Road Impact Fee will be determined when the building permit is submitted to staff so that
staff can review the details of the building permit to determine the category of the Road Impact Fee.
Michelle Martin, Planning Services, added that the fee is based on the use of building. They can appeal
the classification of the fees to the Planning Director but to actually appeal the fee they would need to
perform an independent study.
Keith Roth argued that he doesn't understand why the size of the building determines the Road Impact
Fee instead of the number of vehicles coming and going from the site.
Ms. Hansen said that this was a decision by the Board of County Commissioners when they adopted the
new Road Impact Fees. There were multiple options to do it based on number of vehicles associated
with the site; however the County Commissioners decided to go with using the square footage of the
building and some commonly accepted numbers that go with that. She added that it was a big study that
was done and these numbers are averages associated with each category.
Tom Parko, Planning Services, explained the process of when and how the impact fees are determined
and added that at this time it is not associated with this request, nor is it in the purview of the Planning
Commission. There is an appeal process if the applicants wish to pursue it at the time of building permit
submittal.
Ms. Roth referred to the landscape/screening plan that is required. She said that most of the activity is
performed inside the building or in the back of the building. The north, west and south sides of the
property are used for livestock grazing. She indicated that they have some concerns on the type of
screening required with the pushing and rubbing on the fence.
Commissioner Maxey said that the screening is typically required and encouraged them to work with Ms.
Aungst on the type of screening. Mr. Maxey asked if there would be outdoor storage. Ms. Roth replied
that there is no outdoor storage.
Mr. Roth said that he would like clarification on the setbacks from the right-of-way. He was told 60 feet
from the center of County Road 53; however it now states 80 feet from the right-of-way at full build out.
Ms. Hansen said that it is a collector roadway; therefore an additional 10 feet of right-of-way be identified
on the plat and building setbacks would be taken from that extra feet. They would need to show the
existing 30 feet from centerline of the roadway and then an additional 10 feet as future right-of-way with a
total of 40 feet from the centerline of the road.
Mr. Roth noted the landscaping requirement. He believes water is a precious commodity and doesn't feel
that it should be put toward irrigating trees and grass and asked if there were other types of screening
available. Ms. Aungst said that they can visit with the applicants about screening alternatives.
Ms. Roth referred to Development Standard 7 and indicated that in the future they would like the option of
leasing a portion of the building out and added that they don't feel it is necessary to submit the leases to
the Planning Department when it may be businesses that they own. Ms. Aungst said that if it is part of
the Interra, LLC they would not need a lease agreement and therefore staff would not need to review it. If
it was a third party then a lease agreement would need to be provided and staff would review it for
compliance.
2
Ms. Aungst recommended amending Development Standard to read "Prior to any portion of the building
being leased to another construction company in the future, the applicant shall submit a copy of the lease
agreement and information regarding the proposed use of the leased portion to the Weld County
Department of Planning Services for review. Based upon the proposed use and/or impacts of the leased
portion, the Department of Planning Services may require an amendment to the Use by Special Review
application."
Motion: Amend Development Standard 7 as stated by staff, Moved by Robert Grand, Seconded by Nick
Berryman.
Motion passed 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 USR12-0078 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 Robert Grand, Seconded by Joyce Smock.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 7).
Yes: Benjamin Hansford, Jason Maxey, Jordan Jemiola, Joyce Smock, Mark Lawley, Nick Berryman,
Robert Grand.
CASE NUMBER:
APPLICANT:
PLANNER:
REQUEST:
LEGAL DESCRIPTION:
LOCATION:
USR12-0073
MARK ROBERTS JR.
TIFFANE JOHNSON
A SITE SPECIFIC DEVELOPMENT PLAN AND 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, (RESEARCH, REPAIRING, MANUFACTURING, FABRICATING
PROCESSING, ASSEMBLING, STORAGE AND RETAIL SALES OF TIME
LAPSE PHOTO EQUIPMENT) IN THE A (AGRICULTURAL) ZONE DISTRICT.
LOT B REC EXEMPT RE -51; PART SW4 SECTION 32, T8N, R67W OF THE
6TH P.M., WELD COUNTY, COLORADO.
NORTH OF AND ADJACENT TO CR 86 APPROXIMATELY 140 FEET EAST
OF CR 15.
Tiffane Johnson, Planning Services, presented Case USR12-0073, reading the recommendation and
comments into the record. The Department of Planning Services recommends approval of this
application with the attached conditions of approval and development standards. Ms. Johnson stated that
the applicant has met Condition of Approval 1.A.
Commissioner Maxey noted that he visited the site and provided a site field check to the County Attorney.
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, on -site
dust control, and the Waste Handling Plan.
Mark Roberts, 7113 CR 86, stated that he has operated a light manufacturing business for 13 years
making time lapse photo equipment. He added that it is a low impact business. The business is currently
in Fort Collins and would like to move it onto the property that he resides.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
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.
3
Hello