HomeMy WebLinkAbout20133107.tiffBEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Jordan Jemiola, that the following resolution be introduced for passage by the Weld County
Planning Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER:
APPLICANT:
PLANNER:
REQUEST:
LEGAL DESCRIPTION:
LOCATION:
USR13-0039
LEE LARSON
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 (AUTOMOBILE REPAIR) 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 -5022: PART E2SE4 SECTION 30, T4N, R66W OF THE
6TH P.M., WELD COUNTY, COLORADO.
WEST OF AND ADJACENT TO HWY 60; APPROXIMATELY 1,000 FEET NORTH
OF CR 40.
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. 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 use the existing shop to repair automobiles. No outdoor
storage is proposed. The Department of Planning Services is requiring a Lighting Plan be
submitted to address the impacts from this facility on neighboring properties and rights -of -
way. This lighting plan, along with the Development Standards and the other Conditions of
approval, will assist in mitigating the impacts of the facility on the adjacent properties.
B. Section 23-2-220.A.2. -- The proposed use is consistent with the intent of the A (Agricultural)
Zone District Section 23-3-40.S. of the Weld County Code which 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
(automobile repair) provided that the property is not a lot in an approved or recorded
subdivision plat or lots parts of a map or plan filed prior to adoption of any regulations
controlling subdivisions in the A (Agricultural) Zone District.
Currently the property is in violation (ZCV13-00042). This violation was initiated due to the
location of a commercial auto repair service establishment without first completing the
necessary Weld County Zoning Permits. If the Board of County Commissioners approves
this USR and a plat is recorded the violation will be corrected. If denied, all commercial
operation and storage of commercial vehicles, material and/or equipment shall be removed
RESOLUTION USR13-0039
LEE LARSON
PAGE 2
from the property within 30 (thirty) days of the date of denial or the violation will proceed in
court accordingly.
C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing
surrounding land uses.
The site is located approximately one mile west of the Town of Gilcrest. The site contains the
applicant's residence, a shop, and a couple of sheds. State Highway 60 borders the site on
the east; the property adjacent to the north has a residence and a USR for a commercial
greenhouse (USR-839). The adjacent land to the west and south is cropland.
The closest residence is approximately 200 feet north of the north property line. Including the
USR for the commercial greenhouse there are four (4) USRs located within one mile of this
parcel. USR-1695 for a mineral resource development facility is approximately four -tenths
(0.4) of a mile south of the site. USR-866 for an oil and gas support facility is approximately
one-half (0.5) mile southeast of the site and USR-1209 for house moving and outdoor storage
is approximately one mile southeast of the site. The Weld County Department of Planning
Services has not received any communication from the surrounding property owners about
this USR.
The Department of Planning Services is requiring a Lighting Plan be submitted to address the
impacts from this facility on neighboring properties and rights -of -way. This lighting plan,
along with the Development Standards and the other Conditions of approval, will assist in
mitigating the impacts of the facility on the adjacent properties.
D. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with future
development of the surrounding area as permitted by the existing zoning and with the future
development as projected by Chapter 22 of the Weld County Code and any other applicable
code provisions or ordinances in effect, or the adopted Master Plans of affected
municipalities.
The site is located within the three (3) mile referral areas of the Town of Gilcrest, the Town of
Milliken, and the Town of Platteville. The Town of Milliken responded on July 17, 2013, with
no concerns and the Towns of Gilcrest and Platteville did not respond with any comments.
E. Section 23-2-220.A.5 -- The application complies with Chapter 23, Article V, of the Weld
County Code. The existing site is within the County -Wide Road Impact Fee Area and the
Capital Expansion Impact Fee area.
Building Permits issued on the lot will be required to adhere to the fee structure of the
County -Wide Road Impact Fee Program.
Building Permits issued on the proposed lot will be required to adhere to the fee structure of
the County Facility Fee and Drainage Impact Fee Program.
F. Section 23-2-220.A.6 -- The applicant has demonstrated a diligent effort to conserve prime
agricultural land in the locational decision for the proposed use.
The proposed facility is located on Prime (Irrigated) per the 1979 Soil Conservation Service
Important Farmlands of Weld County Map. The proposed USR will take approximately 2.76
acres of Prime (Irrigated) Farmland out of production. However, this is an RE lot with existing
improvements and does not appear to have been used as cropland for quite some time.
G. Section 23-2-220.A.7 -- There is adequate provisions for the protection of the health, safety,
and welfare of the inhabitants of the neighborhood and County.
The Design Standards (Section 23-2-240, Weld County Code), Operation Standards (Section
23-2-250, Weld County Code), Conditions of Approval and Development Standards can
ensure that there are adequate provisions for the protection of health, safety, and welfare of
the inhabitants of the neighborhood and County.
RESOLUTION USR13-0039
LEE LARSON
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. The applicant shall submit a Lighting Plan to the Department of Planning Services, for review and
approval. Any lighting poles and lamps shall comply with Section 23-3-360.F. which states, in
part, that, "any lighting shall be designed, located, and operated in such a manner as to meet the
following standards: sources of light shall be shielded so that beams or rays of light will not shine
directly onto adjacent properties." (Department of Planning Services)
B. In accordance with Chapter 23, Article IV, Division 2 the applicant shall submit a Signage Plan to
the Department of Planning Services for review and approval. The quantity, size and location of
the signs shall comply with Appendix 23-C and Appendix 23-D. (Department of Planning
Services)
C. The number of parking stalls proposed is sufficient, however, one of the parking stalls shall
comply with Section 208 of the 2010 Americans with Disability Act and be ADA accessible.
(Department of Planning Services)
D. The applicant shall submit a revised waste handling plan, for approval, to the Environmental
Health Services Division of the Weld County Department of Public Health & Environment. The
plan shall include at a minimum, the following:
1) Procedures for cleanup and disposal of vehicle fluid spills.
2) The addresses and phone numbers of the waste handling companies and disposal/recycling
facilities for the automotive repair wastes. (Department of Public Health & Environment)
E. 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)
The applicant shall submit documentation that floor drain wastes from any vehicle maintenance
facility is captured in a watertight vault and hauled off for proper disposal. (Department of Public
Health & Environment)
G. The Colorado Department of Transportation (CDOT) has jurisdiction over all accosses to the ctatc
gig sways. P ease contact CDOT to verify tie access permit or for any additional requirement that
may be necdec to ootain or upgrace tie permit. (Department of Pub is WorKs)
H. The plat shall be amended to delineate the following:
1) All sheets of the plat shall be labeled USR13-0039. (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)
RESOLUTION USR13-0039
LEE LARSON
PAGE 4
5) The approved Parking Plan. (Department of Planning Services)
6) The approved Lighting Plan. (Department of Planning Services)
7) The approved Signage Plan. (Department of Planning Services)
8) The Colorado Department of Transportation (CDOT) has jurisdiction over all accesses to
state highways. Show the approved CDOT accesses on the plat and label with the approved
CDOT access permit number(s), if applicable. (Department of Public Works)
2. Upon completion of Condition of Approval #1 above, the applicant shall submit three (3) paper copies
or one (1) electronic copy (.pdf) of the plat for preliminary approval to the Weld County Department of
Planning Services. Upon approval of the plat the applicant shall submit a Mylar plat along with all
other documentation required as Conditions of Approval. The Mylar plat shall be recorded in the office
of the Weld County Clerk and Recorder by the Department of Planning Services. The plat shall be
prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code. The
Mylar plat and additional requirements shall be submitted within one hundred twenty (120) days from
the date of the Board of County Commissioners Resolution. The applicant shall be responsible for
paying the recording fee. (Department of Planning Services)
3. In accordance with Weld County Code Ordinance #2012-3, approved April 30, 2012, should the plat
not be recorded within the required one hundred twenty (120) days from the date of the Board of
County Commissioners Resolution, a $50.00 recording continuance charge shall added for each
additional three (3) month period. (Department of Planning Services)
4. The Department of Planning Services respectfully requests a digital copy of this Use by Special
Review, as appropriate. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable
GIS formats are ArcView shapefiles or ArcGIS Personal GeoDataBase (MDB). The preferred format
for Images is .tif (Group 4). (Group 6 is not acceptable). This digital file may be sent to
maps(a�co.weld.co.us. (Department of Planning Services)
5. Prior to operation the applicant shall obtain a change of use permit for the garage [shop]. (Weld
County Building Department)
6. The Use by Special Review activity shall not occur, nor shall any building or electrical permits be
issued on the property, until the Use by Special Review plat is ready to be recorded in the office of the
Weld County Clerk and Recorder. (Department of Planning Services)
Motion seconded by Michael Wailes.
VOTE:
For Passage
Bret Elliott
Bruce Sparrow
Jason Maxey
Jordan Jemiola
Joyce Smock
Michael Wailes
Nick Berryman
Against Passage Absent
Benjamin Hansford
Mark Lawley
RESOLUTION USR13-0039
LEE LARSON
PAGE 5
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 October 15, 2013.
Dated the 15th of October, 2013.
d5.1.66- r'a.,ackm
Kristine Ranslem
Secretary
Digitally signed by Kristine
Ranslem
Date: 2013.10.17 15:08:47 -06'00'
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Killer Transmission c/o Lee Larson
USR13-0039
1. A Site Specific Development Plan and Use by Special Review Permit USR13-0039 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 (automobile repair) provided that the property is not a lot in an approved or
recorded subdivision plat or lots parts of a map or plan filed prior to adoption of any regulations
controlling subdivisions in the A (Agricultural) Zone District, subject to the Development Standards
stated hereon. (Department of Planning Services)
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld
County Code. (Department of Planning Services)
3. The number of on site employees per the application shall be limited to one (1). The number of on -
site employees shall be commiserate with the number of persons which the septic system may
accommodate in accordance with the requirements of the Weld County Code pertaining to Individual
Sewage Disposal Systems Regulations (Department of Planning Services)
4. The hours of operation per the application are 7:00 am - 5:00 pm Monday — Friday and 9:00 am to
Noon on Saturday. (Department of Planning Services)
5. All signs shall be in compliance with the Weld County Code. (Department of Planning Services)
6. The parking, sign(s), and lighting on site shall be maintained in accordance with the approved
Parking/Sign/Lighting Plans. (Department of Planning Services)
7. Should noxious weeds exist on the property, or become established as a result of the proposed
development, the applicant/landowner shall be responsible for controlling the noxious weeds,
pursuant to Chapter 15, Articles I and II, of the Weld County Code. (Department of Public Works)
8. The historical flow patterns and runoff amounts will be maintained on the site. (Department of Public
Works)
9. Weld County is not responsible for the maintenance of onsite drainage related features. (Department
of Public Works)
10. There shall be no parking or staging of vehicles on County roads. On -site parking shall be utilized.
(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)
14. Any vehicle or equipment washing areas shall capture all effluent and prevent discharges in
accordance with the Rules and Regulations of the Water Quality Control Commission, and the
Environmental Protection Agency. (Department of Public Health & Environment)
RESOLUTION USR13-0039
LEE LARSON
PAGE 7
15. 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)
16. 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)
17. 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)
18. Adequate drinking, handwashing and toilet facilities shall be provided for employees and patrons of
the facility, at all times. (Department of Public Health & Environment)
19. Sewage disposal for the facility shall be by septic system. In the event the applicant intends to utilize
the septic system at the existing home for clients and employees the septic system shall be reviewed
by a Colorado Registered Professional Engineer if the usage exceeds 6 people per day. If the system
is found to be inadequately sized or constructed the system shall be brought into compliance with
current regulations. 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)
20. The facility shall utilize the existing public water supply. (Central Weld County Water District)
21. The existing well (permit #155183-A) shall be used for irrigation of no more than 30,000 square feet of
home gardens and lawns, and watering of livestock and may not be used as a water supply inside the
existing residence of for the proposed business. (Division of Water Resources)
22. All potentially hazardous chemicals must be stored and 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). (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 in accordance
with the plan. Neither the direct, nor reflected, light from any light source may create a traffic hazard
to operators of motor vehicles on public or private streets. No colored lights may be used which may
be confused with, or construed as, traffic control devices. (Department of Planning Services)
25. Building Permits issued on the lot will be required to adhere to the fee structure of the County -Wide
Road Impact Fee Program, the County Facility Fee, and Drainage Impact Fee Programs.
26. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code.
27. Necessary personnel from the Weld County Departments of Planning Services, Public Works, and
Public Health and Environment shall be granted access onto the property at any reasonable time in
order to ensure the activities carried out on the property comply with the Conditions of Approval and
Development Standards stated herein and all applicable Weld County regulations.
RESOLUTION USR13-0039
LEE LARSON
PAGE 8
28. The Use by Special Review area shall be limited to the plans shown hereon and governed by the
foregoing standards and all applicable Weld County regulations. Substantial changes from the plans
or Development Standards, as shown or stated, shall require the approval of an amendment of the
Permit by the Weld County Board of County Commissioners before such changes from the plans or
Development Standards are permitted. Any other changes shall be filed in the office of the
Department of Planning Services.
29. The property owner or operator shall be responsible for complying with all of the foregoing
Development Standards. Noncompliance with any of the foregoing Development Standards may be
reason for revocation of the Permit by the Board of County Commissioners.
30. WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive agricultural
counties in the United States, typically ranking in the top ten counties in the country in total market
value of agricultural products sold. The rural areas of Weld County may be open and spacious, but
they are intensively used for agriculture. Persons moving into a rural area must recognize and accept
there are drawbacks, including conflicts with long-standing agricultural practices and a lower level of
services than in town. Along with the drawbacks come the incentives which attract urban dwellers to
relocate to rural areas: open views, spaciousness, wildlife, lack of city noise and congestion, and the
rural atmosphere and way of life. Without neighboring farms, those features which attract urban
dwellers to rural Weld County would quickly be gone forever.
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area. Well -run agricultural
activities will generate off -site impacts, including noise from tractors and equipment; slow -moving farm
vehicles on rural roads; dust from animal pens, field work, harvest and gravel roads; odor from animal
confinement, silage and manure; smoke from ditch burning; flies and mosquitoes; hunting and
trapping activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and
fertilizers in the fields, including the use of aerial spraying. It is common practice for agricultural
producers to utilize an accumulation of agricultural machinery and supplies to assist in their
agricultural operations. A concentration of miscellaneous agricultural materials often produces a
visual disparity between rural and urban areas of the County. Section 35-3.5-102, C.R.S., provides
that an agricultural operation shall not be found to be a public or private nuisance if the agricultural
operation alleged to be a nuisance employs methods or practices that are commonly or reasonably
associated with agricultural production.
Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to
assume that ditches and reservoirs may simply be moved "out of the way" of residential development.
When moving to the County, property owners and residents must realize they cannot take water from
irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water.
Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice
the size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of state
and county roads outside of municipalities. The sheer magnitude of the area to be served stretches
available resources. Law enforcement is based on responses to complaints more than on patrols of
the County, and the distances which must be traveled may delay all emergency responses, including
law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must
leave their jobs and families to respond to emergencies. County gravel roads, no matter how often
they are bladed, will not provide the same kind of surface expected from a paved road. Snow removal
priorities mean that roads from subdivisions to arterials may not be cleared for several days after a
major snowstorm. Services in rural areas, in many cases, will not be equivalent to municipal services.
Rural dwellers must, by necessity, be more self-sufficient than urban dwellers.
People are exposed to different hazards in the County than in an urban or suburban setting. Farm
equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center
pivot operations, high speed traffic, sandburs, puncture vines, territorial farm dogs and livestock, and
open burning present real threats. Controlling children's activities is important, not only for their
safety, but also for the protection of the farmer's livelihood.
p ID/15/ J3
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, October 15, 2013
A regular meeting of the Weld County Planning Commission was held in the Weld County Administration
Building, Hearing Room, 1150 0 Street, Greeley, Colorado. This meeting was called to order by Chair,
Mark Lawley, at 1:30 pm.
Roll Call.
Present: Bret Elliott, Bruce Sparrow, Jason Maxey, Jordan Jemiola, Joyce Smock, Michael Wailes, Nick
Berryman.
Absent/Excused: Benjamin Hansford, Mark Lawley.
Also Present: Kim Ogle and Diana Aungst, Department of Planning Services; Don Carroll and Jennifer
Petrik, Department of Public Works; Lauren Light and Mary Evett, Department of Health; Brad Yatabe,
County Attorney, and Kris Ranslem, Secretary.
Motion: Approve the October 1, 2013 Weld County Planning Commission minutes, Moved by Joyce
Smock, Seconded by Nick Berryman. Motion passed unanimously.
CASE NUMBER: USR13-0039
APPLICANT: LEE LARSON
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 (AUTOMOBILE REPAIR) 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 -5022; PART E2SE4 SECTION 30, T4N, R66W OF
THE 6TH P.M., WELD COUNTY, COLORADO.
LOCATION: WEST OF AND ADJACENT TO HWY 60; APPROXIMATELY 1,000 FEET
NORTH OF CR 40.
Diana Aungst, Planning Services, presented Case USR13-0039, 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.
Commissioner Berryman asked if there is a screening plan required. Ms. Aungst stated that there are
many mature trees on site that screen the shop building from the Highway. Additionally, the applicant
stated that he will store the vehicles inside the shop building.
Jennifer Petrik, Public Works, reported on the existing traffic, access and drainage conditions and the
requirements on site. Ms. Petrik suggested removing Condition of Approval 1.G as it is included under
Condition of Approval 1.H.8.
Mary Evett, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site
dust control, and the Waste Handling Plan. Ms. Evett recommended amending Development Standard
19 to read "Sewage disposal for the facility shall be by septic system. In the event the applicant intends to
utilize the septic system at the existing home for clients and employees the septic system shall be
reviewed by a Colorado Registered Professional Engineer if the usage exceeds 6 people per day. If the
system is found to be inadequately sized or constructed the system shall be brought into compliance with
current regulations. Any septic system located on the property must comply with all provisions of the
Weld County Code, pertaining to Individual Sewage Disposal Systems."
Additionally, Ms. Aungst requested that Development Standard 3 be amended to include a change to the
number of employees on site. Due to technical issues, Ms. Aungst asked if we could make the
amendment after the applicant's presentation.
EXHIBIT
2 ,J
.5K.1-120
Lee Larson, 19247 Highway 60, stated that he plans to operate an automobile repair shop on site.
Commissioner Maxey how long he has been operating on site. Mr. Larson said that they purchased the
property in 2007 but has been working out of this shop for the past year. He added that he thought that it
was zoned for this use.
Commissioner Maxey said that no outdoor storage is allowed according to the proposed development
standards. Mr. Maxey referred to the aerial view and clarified if what is stored outdoors are personal
items. Ms. Aungst replied that there are personal items outside and it does not require screening. Mr.
Larson said that he intends to add more landscaping as well.
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 Ms. Aungst if she had the language for Development Standard 3. Ms. Aungst requested
a brief recess to get the information. The Chair called a recess at 1:49 pm and reconvened at 1:55 pm.
Ms. Aungst requested to amend Development Standard 3 to read "The number of on -site employees shall
be commensurate with the number of persons which the septic system may accommodate in accordance
with the requirements of the Weld County Code pertaining to Individual Sewage Disposal Systems
Regulations."
Motion: Motion to amend Development Standard 3 as stated by staff, Moved by Nick Berryman,
Seconded by Bruce Sparrow.
Motion passed unanimously.
Motion: Motion to amend Development Standard 19 as stated by staff, Moved by Nick Berryman,
Seconded by Joyce Smock.
Motion passed unanimously.
Motion: Motion to delete Condition of Approval 1.G and re -letter accordingly, Moved by Nick Berryman,
Seconded by Bret Elliott.
Motion passed unanimously.
The Chair asked the applicant if he has read through the amended Development Standards and
Conditions of Approval and if he is in agreement with those. The applicant replied that he is in
agreement.
Motion: Forward Case USR13-0039 to the Board of County Commissioners along with the amended
Conditions of Approval and Development Standards with the Planning Commission's recommendation of
approval, Moved by Jordan Jemiola, Seconded by Michael Wailes.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 7).
Yes: Bret Elliott, Bruce Sparrow, Jason Maxey, Jordan Jemiola, Joyce Smock, Michael Wailes, Nick
Berryman.
CASE NUMBER:
APPLICANT:
PLANNER:
REQUEST:
LEGAL DESCRIPTION:
LOCATION:
COZ13-0003
INEZ GUTIERREZ
DIANA AUNGST
CHANGE OF ZONE FROM THE R-1 (LOW -DENSITY RESIDENTIAL) ZONE
DISTRICT TO THE A (AGRICULTURAL) ZONE DISTRICT
LOT 2 SUB EXEMPT SE -1150; PART SE4SE4 SECTION 36, T6N, R66W OF
THE 6TH P.M., WELD COUNTY, COLORADO.
SOUTH OF AND ADJACENT TO NW C STREET AND APPROXIMATELY 1,000
FEET WEST OF N 23RD AVE.
Diana Aungst, Planning Services, presented Case COZ13-0003, reading the recommendation and
comments into the record. The Department of Planning Services recommends denial of this application.
Commissioner Wailes asked if the applicants are using the water to or above its maximum capacity. Ms.
Aungst said it is unclear and added that it is a concrete business. She noted that it would be up to the
City of Greeley to require any infrastructure be improved.
2
PC rYllowt- Noj3
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, September 17, 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,
Mark Lawley, at 1:30 pm.
Roll Call.
Present: Benjamin Hansford, Bret Elliott, Bruce Sparrow, Jason Maxey, Jordan Jemiola, Joyce Smock,
Mark Lawley, Michael Wailes, Nick Berryman.
Also Present: Kim Ogle, Chris Gathman, Michelle Martin, and Tiffane Johnson, Department of Planning
Services; Don Carroll and Jennifer Petrik, Department of Public Works; Lauren Light, Department of
Health; Brad Yatabe, County Attorney, and Kris Ranslem, Secretary.
Motion: Approve the September 3, 2013 Weld County Planning Commission minutes, Moved by Jason
Maxey, Seconded by Nick Berryman. Motion passed unanimously.
CASE NUMBER: USR13-0029
APPLICANT: RONALD HULSTROM
PLANNER: TIFFANE JOHNSON
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A 130 FOOT TELECOMMUNICATION TOWER IN THE A
(AGRICULTURAL) ZONE DISTRICT
LEGAL DESCRIPTION: LOT B REC EXEMPT RE -2502; PART S2NW4 SECTION 22, T1N, R68W OF
THE 6TH P.M., WELD COUNTY, COLORADO.
LOCATION: EAST AND AJDACENT TO CR 7; APPROXIMATELY 1300 FEET SOUTH OF
ERIE PARKWAY (CR 8).
Tiffane Johnson, Planning Services, stated that the applicants are requesting a continuance of this case
indefinitely as they are still trying to negotiate a co -location requirement. Staff is in support of this
request.
The Chair asked if there was anyone in the audience who wished to speak for or against the continuation
of this case. No one wished to speak.
Motion: Continue Case USR13-0029 indefinitely and refer the case back to the Planning Department,
Moved by Jason Maxey, Seconded by Benjamin Hansford. Motion carried unanimously.
CASE NUMBER: USR13-0039
APPLICANT: LEE LARSON
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 (AUTOMOBILE REPAIR) 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 -5022; PART E2SE4 SECTION 30, T4N, R66W OF
THE 6TH P.M., WELD COUNTY, COLORADO.
LOCATION: WEST OF AND ADJACENT TO HWY 60; APPROXIMATELY 1,000 FEET
NORTH OF CR 40.
Tiffane Johnson, Planning Services, stated that the applicants are requesting a continuance of this case
to the October 15, 2013 Planning Commission hearing to allow the applicant time to address mineral
owner notification.
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The Chair asked if there was anyone in the audience who wished to speak for or against the continuation
of this case. No one wished to speak.
Motion: Continue Case USR13-0039 to the October 15, 2013 Planning Commission hearing, Moved by
Jason Maxey, Seconded by Bruce Sparrow. Motion carried unanimously.
CASE NUMBER:
APPLICANT:
PLANNER:
REQUEST:
LEGAL DESCRIPTION:
LOCATION:
USR13-0032
PUBLIC SERVICE COMPANY OF COLORADO
KIM OGLE
A SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT
FOR A MAJOR FACILITY OF A PUBLIC UTILITY (ONE 115 kV
TRANSMISSION EXTENDING APPROXIMATELY 2.5 MILES) IN THE A
(AGRICULTURAL), R-1 (LOW DENSITY RESIDENTAL) AND 1-3 (INDUSTRIAL)
ZONE DISTRICTS
THE PREFERRED ROUTE COMMENCES AT THE MONFORT SUBSTATION
LOCATED IN THE NE4 OF SECTION 33, T6N, R65W AND HEADS TO THE
MIDDLE OF THE SE4 OF SECTION 33 THEN CONTINUES WEST ALONG
THE S2 OF SECTION 33 AND TERMINATES AT THE LUCERNE GAS PLANT
EXPANSION IN THE S2 OF SECTION 32, T6N, R65W OF THE 6TH P.M., WELD
COUNTY, COLORADO
GENERALLY LOCATED NORTH OF EAST C STREET; 0.5 MILES WEST OF
CR 43; SOUTH OF CR 64.5; EAST OF NORTH 6TH AVENUE.
Kim Ogle, Planning Services, presented Case USR13-0032, reading the recommendation and comments
into the record. This case was continued from the August 6, 2013 Planning Commission at the request of
the applicant to speak with the concerned landowners. Resulting from the discussion and negotiations
with the surrounding landowners affected by the preferred route, the applicants are requesting an
amendment to the preferred route which is outlined as Route A. The Department of Planning Services
recommends approval of this application with the attached conditions of approval and development
standards.
Brad Yatabe, County Attorney, noted that not all of the Planning Commissioners were available at the
August 6, 2013 hearing and encouraged those absent to review the minutes. He added that he asked
staff to make a full presentation for the benefit of the members who were not here.
For the record, Commissioner Maxey noted that he drove the routes prior to the hearing today.
Don Carroll, Public Works, reported on the required Flood Hazard Development Permits, Right -of -Way
Crossing Permits, tracking control, and existing and future right-of-way.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site
dust control, and the Waste Handling Plan.
Derek Holscher, Public Service Company of Colorado, 1800 Larimer Street, Suite 400, Denver, Colorado,
stated that they are proposing 2.5 miles of new single 115kV transmission line from the existing Monfort
Substation to the DCP Midstream Lucerne Plant expansion. This is to serve the electrical needs of the
DCP Plant. The anticipated in-service date for the transmission line project is October 2014.
Mr. Holscher noted that at the August 6, 2013 Planning Commission hearing there were two landowners
in opposition to the original preferred route because it interfered with their future center pivot irrigation
plans. Therefore they requested to continue this application until further discussions could be held with
those landowners. Through further discussion with the landowners and site studies, the parties agreed to
amend the preferred route, which is presented at today's hearing.
Commissioner Lawley asked if they are confident that they will acquire all the necessary easements. Mr.
Holscher replied that they are confident they will have all easements in place.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
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