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Home My WebLink About20130521.tiffBEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS 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: USR12-0067 APPLICANT: ERNEST & PATRICIA OSBORN 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 (PARKING AND MAINTENANCE OF TRACTOR TRAILERS) 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 A REC EXEMPT RE -3610; PT S2 SECTION 21, T6N, R64W OF THE 6TH P.M., WELD COUNTY, COLORADO. LOCATION: APPROXIMATELY 0.25 MILES WEST OF CR 55 AND APPROXIMATELY 0.25 MILES NORTH OF CR 66. 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 22-2-80.D - I. 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. 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 parks 3 commercial vehicles on the site and is allowed by code to only have one commercial vehicle. The attached Development Standards and Conditions of Approval, including a required Screening Plan and a road improvements and maintenance plan, will address the impacts and attempt to ensure compatibility with the surrounding area. 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 (Parking and Maintenance of Tractor Trailers) 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. dO/.3 s'/ • • • RESOLUTION USR12-0067 ERNEST & PATRICIA OSBORN PAGE 2 Currently the property is in violation (ZCV12-00161). This violation was initiated due to the operation of a commercial trucking business without an approved and recorded Use by Special Review permit (USR). If the USR is approved, the violation will be closed. If denied, the applicant will be allowed to keep one (1) commercial vehicle on the property and the others shall be removed. Additionally the case shall be referred to the County Attorney's office with a delay of legal action for 30 days in order to give the applicant time to ensure that the other commercial vehicles are removed from the property. Furthermore, a visible Noncommercial Junkyard consisting of Derelict Vehicles and miscellaneous debris was also noted. The Noncommercial Junkyard shall be removed, restored or completely screened from all adjacent properties and public rights -of -way. 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 four miles east of the City of Greeley. Adjacent properties are mainly utilized for pastures, crops, and rural residences. The nearest residence is located approximately 45 feet from the east property line. The Weld County Department of Planning Services has received 3 letters from the surrounding property owners. All three letters indicated that they support the applicant's proposed use. The attached Development Standards and Conditions of Approval, including a required Screening Plan and a road improvements and maintenance plan, will address the impacts and attempt to ensure compatibility with the surrounding area. 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 not located within three miles of a municipality. 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. There is a small section that is designated as "Prime (Irrigated)" 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 as the land is already being used for rural residential. 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. RESOLUTION USR12-0067 ERNEST & PATRICIA OSBORN PAGE 3 • • • 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. In the event washing of vehicles will occur on site the applicant shall ensure that any vehicle washing area(s) shall capture all effluent and prevent discharges from the washing of vehicles in accordance with the Rules and Regulations of the Water Quality Control Commission, and the Environmental Protection Agency. Vehicle washing areas should be designated on the plat. (Department of Public Health & Environment) B. The waste handling plan needs to be revised to include the company servicing the portable toilets and the location where used tires are disposed, including the names, addresses and telephone numbers. (Department of Public Health & Environment) (condition met 2/5/13) C. The applicant shall submit to the Department of Planning Services with a Lighting Plan for review and approval. Upon approval, the Lighting Plan information shall be graphically delineated on the USR Plat. (Department of Planning Services) D. The applicant shall submit a Landscaping/Screening Plan to the Department of Planning Services for review and approval to screen the truck parking and the storage area. Upon approval, the Screening Plan information shall be graphically delineated on the USR Plat. (Department of Planning Services) E. If a sign is proposed, the applicant shall submit a detailed Signage Plan to the Department of Planning Services, including location and size. 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 USR12-0067. (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 approved Landscaping/Screening Plan, the parking area shall be screened from adjacent properties and the public rights -of -way. (Department of Planning Services) 5) The approved Lighting Plan, as applicable. (Department of Planning Services) 6) The approved Sign Plan, as applicable. (Department of Planning Services) 7) The oil and gas setback radiuses for existing wellheads and tank batteries on the site shall be indicated in accordance with Section 23-3-50.E of the Weld County Code. (Department of Planning Services) 8) County Road 55 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) RESOLUTION USR12-0067 ERNEST & PATRICIA OSBORN PAGE 4 • • • 9) The boundaries of the proposed Water Quality depression and label it as "Water Quality — No Build or Storage Area". (Department of Public Works) 2. Upon completion of 1. above the applicant shall submit three (3) paper copies 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) Motion seconded by Nick Berryman. VOTE: For Passage Robert Grand Bill Hall Mark Lawley Nick Berryman Jason Maxey Joyce Smock Jordan Jemiola Against Passage Absent Benjamin Hansford Bret Elliott The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this case to the Board of County Commissioner's for further proceedings. CERTIFICATION OF COPY I, Kristine Ranslem, Recording Secretary for the Weld County Planning Commission, do hereby certify that the above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County, Colorado, adopted on February 5, 2013. Dated the 5th of February, 2013. �/ ]1 t bUl1L Andat, Kristine Ranslem Secretary Digitally signed by Kristine Ranslem Date: 2013.02.07 08:45:56 -07'00' • • • SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS USR12-0067 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 (Parking and Maintenance of Tractor Trailers) 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 6:00 a.m. — 6:00 p.m. 7 -day a week, per the applicant's request. (Department of Planning Services) 4. The number of employees shall be 5, as stated in the application materials. (Department of Planning Services) 5. All 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) 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. (Department of Public Health & Environment) 13. The applicant shall operate in accordance with the approved "waste handling plan", at all times. (Department of Public Health & Environment) 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) RESOLUTION USR12-0067 ERNEST & PATRICIA OSBORN PAGE 6 15. Any vehicle washing area(s) shall capture all effluent and prevent discharges from the washing of vehicles in accordance with the Rules and Regulations of the Water Quality Control Commission, and the Environmental Protection Agency. (Department of Public Health & Environment) 16. This facility shall adhere to the maximum permissible noise levels allowed in the Residential Zone as delineated in Section 14-9-30 of the Weld County Code. (Department of Public Health & Environment) 17. Adequate drinking, hand washing and toilet facilities shall be provided for employees and patrons of the facility, at all times. Portable toilets and bottled water are allowed when employees or contractors are on site for less than 2 consecutive hours a day. 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) 18. In the event the applicant intends to utilize the existing septic system at the home, for employee use, the septic system shall be reviewed by a Colorado Registered Professional Engineer. The review shall consist of observation of the system and a technical review describing the system's ability to handle the proposed hydraulic load. The review shall be submitted to the Environmental Health Services Division of the Weld County Department of Public Health and Environment. In the event the system is found to be inadequately sized or constructed the system shall be brought into compliance with current Regulations. (Department of Public Health & Environment) 19. The operation shall comply with all applicable rules and regulations of State and Federal agencies and the Weld County Code. (Department of Public Health & Environment) • 20. Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties where such would cause a nuisance or interfere with the use on the adjacent properties; 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) 21. 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) 22. 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) 23. 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) 24. 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) 25. 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) 26. 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) RESOLUTION USR12-0067 ERNEST & PATRICIA OSBORN PAGE 7 27. 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) 28. 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) 29. 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) SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING • • • Tuesday, February 5, 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. Present: Bill Hall, Jason Maxey, Jordan Jemiola, Joyce Smock, Mark Lawley, Nick Berryman, Robert Grand. Absent/Excused: Benjamin Hansford and Bret Elliott. Also Present: Kim Ogle, Chris Gathman, Diana Aungst, and Tom Parko, Department of Planning Services; Don Carroll 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 January 15, 2013 Weld County Planning Commission minutes, Moved by Robert Grand, Seconded by Bill Hall. Motion passed unanimously. CASE NUMBER: USR12-0067 APPLICANT: ERNEST & PATRICIA OSBORN 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 (PARKING AND MAINTENANCE OF TRACTOR TRAILERS) 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 A REC EXEMPT RE -3610; PT S2 SECTION 21, T6N, R64W OF THE 6TH P.M., WELD COUNTY, COLORADO. LOCATION: APPROXIMATELY 0.25 MILES WEST OF CR 55 AND APPROXIMATELY 0.25 MILES NORTH OF CR 66. Diana Aungst, Planning Services, presented Case USR12-0067, 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. Aungst noted that three (3) letters of support were received for this request. Heidi Hansen, Public Works, reported on the existing traffic, access and drainage conditions and the requirements on site. Mary Evett, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site dust control, and the Waste Handling Plan. Ms. Evett stated that the applicant has submitted a revised Waste Handling Plan; therefore Condition of Approval 1.6 has been met. Ernest and Patricia Osborn, 32483 CR 55, stated that they are requesting to park up to 5 trucks on site. The drivers are there approximately 1 hour per week to pick up and drop off trucks. All repairs to the equipment are performed off site. The Chair asked if there was anyone in the audience who wished to speak for or against this application Bob Sexton, 32487 CR 55, stated that he lives directly to the east of the site. The trucks are parked approximately 200 yards from his house and he has no opposition to this request. He said that he does not have any problems with the applicants and what they wish to do. 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 USR12-0067 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 Robert Grand, Seconded by Nick Berryman. Vote: Motion carried by unanimous roll call vote (summary: Yes = 7). Yes: Bill Hall, Jason Maxey, Jordan Jemiola, Joyce Smock, Mark Lawley, Nick Berryman, Robert Grand. CASE NUMBER: USR12-0076 APPLICANT: RANDOLPH & JUDY CASS, C/O STEVEN & CHRIS SCHULTZ PLANNER: CHRIS GATHMAN REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT FOR THE EXPANSION OR EXTENSION OF A NONCONFORMING USE (CONVERSION OF A RESTAURANT INTO A PACKAGE LIQUOR STORE) IN THE A (AGRICULTURAL) ZONE DISTRICT. LEGAL DESCRIPTION: LOT A RECX12-0079; PART OF THE S2SE4 SECTION 20, TON, R62W OF THE 6TH P.M., WELD COUNTY, COLORADO. LOCATION: NORTH OF AND ADJACENT TO STATE HIGHWAY 14 AND APPROXIMATELY 650 FEET WEST OF CR 77. Chris Gathman, Planning Services, presented Case USR12-0076, reading the recommendation and comments into the record. Mr. Gathman noted that there are two (2) existing free-standing signs on the property that encroach into the right-of-way for State Highway 14; however in conversations with the applicant's representative he indicated that they will be relocating the signs so that they are outside of the right-of-way. 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. Mary Evett, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site dust control, and the Waste Handling Plan. Bruce Johnson, 801 8th Street Suite 220, Greeley, Colorado, stated that he represents the current property owners and the proposed new property owners in this request. The Schultz's do not anticipate anyone requesting water for consumption. He added that he has tried to get the State Health Department to respond to Condition of Approval 1; however he has not received a formal reply. He indicated he thought he had received an email response from the State and would forward this to Weld County. With regard to the signs encroaching the right-of-way, he said that over time wind has moved one of the signs and they will move the sign back out of the right-of-way. The other sign will be rotated on the post so that it does not encroach the right of way. Mr. Johnson provided staff with a Lighting Plan as requested. 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. Motion: Forward Case USR12-0076 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 Robert Grand, Seconded by Bill Hall. Vote: Motion carried by unanimous roll call vote (summary: Yes = 7). Yes: Bill Hall, Jason Maxey, Jordan Jemiola, Joyce Smock, Mark Lawley, Nick Berryman, Robert Grand. Brad Yatabe, County Attorney, requested a recess at 2:18 pm. to visit with the applicants and the planner regarding Case USR12-0074. The Chair called the meeting back to order at 2:30 pm. 2 Hello