HomeMy WebLinkAbout20132510.tiffBEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Jason Maxey, 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:
USR13-0027
R 13-0027
LOUIS GOLDSBY
TIFFANE JOHNSON
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, (UTILITY INSTALLATION/ EXCAVATION SERVICES AND STORAGE
OF RELATED CONSTRUCTION MATERIALS) 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 CORR REC EXEMPT RE -2921, PART E2SE4 SECTION 8, T2N, R66W OF
THE 6TH P.M., WELD COUNTY, COLORADO.
LOCATED 0.75 MILES EAST OF HIGHWAY 85; NORTH OF AND ADJACENT
TO CR 22.
be recommended favorably to the Board of County Commissioners for the following reasons:
1. The submitted materials are in compliance with the application requirements of Section 23-2-260 of
the Weld County Code.
2. It is the opinion of the Planning Commission that the applicant has shown compliance with Section 23-
2-220 of the Weld County Code as follows:
A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other
applicable code provisions or ordinance in effect.
Section 22-2-20.G - A.Goal 7 states, "County land use regulations should protect the
individual property owner's right to request a land use change."
The applicant is proposing to utilize a portion of the 10.25 acre parcel for his construction
business. The application includes one existing shop, five storage trailers, two semi -tractors,
one tandem, three trailers and proposed screened yard area for construction material and
supporting utility and excavation equipment including but not limited to items such as pipe,
pipe fittings, tandem box, excavator bucket etc). Four employees are proposed. The
applicant has indicated they will provide a portable toilets and bottled water until evidence can
be provided to the Department of Planning Services that the totalizing flow meter required for
commercial well permit 74473-F has been installed.
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 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."
RESOLUTION USR13-0027
LOUIS GOLDSBY
PAGE 2
The application includes one existing shop, five storage trailers, two semi -tractors, one
tandem, three trailers and proposed screened yard area for construction material and
supporting utility and excavation equipment including but not limited to items such as pipe,
pipe fittings, tandem box, excavator bucket etc). The application materials and site plan
indicate that the employee parking and commercial vehicle parking will be behind an earthen
berm located between CR 22 and the existing shop. This property is sporadically screened
with existing native landscaping. The proposed yard (outdoor storage) will be behind a fence.
The existing landscaping, earthen berm and screen fencing, 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 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
Districts (utility installation/ excavation services and storage of related construction materials)
provided that the property is not a lot in an approved or recorded subdivision plat or lots parts
of a map or plan filed prior to adoption of any regulations controlling subdivisions in the A
(Agricultural) zone district.
Currently the property is in violation (ZCV12-00211). This violation was initiated due to the
repeated operation of a commercial trucking business without first completing the necessary
Weld County Zoning Permits. If this application is approved and a plat is recorded this
violation will be closed. If denied, all but one (1) commercial vehicle shall be removed from
the property within thirty (30) days 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 adjacent properties are mainly utilized for pastures, crops, and rural residences. The
nearest residence that is not owned by the applicant is located approximately 95 feet from the
west line of the property and west of existing shop. The next closest property is directly south
of CR 22 approximately 400 feet east of the existing shop. There are eight Use by Special
Reviews within 3 miles of the subject property along CR 22 including a SUP-281(compressor
station), USR-1746 (propane storage and service yard), USR- 1758 (oil and gas support
facility), USR-1317 (vehicle parking and repair), AmUSR-1002 (natural gas processing),
2AmUSR-211(compressor station), USR-1353 (oil and gas facility) and USR-1291 (oil and
gas support facility).
The Weld County Department of Planning Services has received one email from a
surrounding property owner to the east. The landowner indicated that they have never had a
problem with the equipment stored on the property as it has been minimal and the resident
has always been considerate of their view to the west. However, they would have an
objection if it became storage for a lot more trucks and equipment or misc. items. The
surrounding property owner also indicated concerns about the property being sold and
requested that the USR run with the applicant/owner and not the property ensuring that it
would return to the agricultural nature and not industrial/commercial as they feel there are
already to Use By Special Reviews on a much larger scale in the immediate 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 located within the three (3) mile referral area of the City of Fort Lupton and located
outside the existing Intergovernmental Agreement Area (IGA). The City of Fort Lupton in
their referral comments, dated June 6, 2013 that the property is outside of their 2007
RESOLUTION USR13-0027
LOUIS GOLDSBY
PAGE 3
Comprehensive Plan however, they would like to discuss the possibility of annexation with
property owner.
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.
Section 23-2-220.A.6 -- The applicant has demonstrated a diligent effort to conserve prime
agricultural land in the locational decision for the proposed use.
The proposed facility is located on soils designated as "Prime (Irrigated)" per the 1979 Soil
Conservation Service Important Farmlands of Weld County Map. The proposed USR is
located on Lot A of Corrected RE -2921 which was approved in 2003. The subject property
has improvements on it and is 10.881 acres in size and does not have irrigation rights
associated with it. The parcel is not large enough for conventional farming and appears as if it
has not been used as crop land for a number of years and therefore, this USR will not take
any Prime (Irrigated) Farmland out of production.
G. Section 23-2-220.A.7 — There is adequate provisions for the protection of the health, safety,
and welfare of the inhabitants of the neighborhood and County.
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 provide the Department of Planning Services a statement of intent
clarifying if the 4 proposed employees will use of portable toilets and bottled water or if the
totalizing flow meter will be installed on the commercial well (Permit 74473-F) allowing the
business to use the existing well. If the well is to be used please also clarify if portable toilets
will still be used or if the existing septic system will be evaluated to determine if it can support
the addition load of the proposed employees. (Department of Planning Services)
B. In the event the applicant intends to utilize the existing septic system at the home, for
•usiness 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
cons:ructec, tie system sna be brougm into coma lance wi-1 current regulations.
Alternately, a new septic system may be installed for business use. Evidence of such shall
be submitted, in writing, to the Weld County Department of Planning Services. (Department of
Public Health and Environment)
The applicant shall address the requirements of the Division of Water Resources, as stated in
the referral response dated May 21, 2013 if the applicant intends to use the commercial well
(Permit No. 74473-F). Written evidence of such shall be submitted to the Weld County
Department of Planning Services. (Department of Planning Services)
RESOLUTION USR13-0027
LOUIS GOLDS BY
PAGE 4
D. The applicant shall submit a 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) A list of wastes which are expected to be generated on site (this should include
expected volumes and types of waste generated).
2) A list of the type and volume of chemicals expected to be stored on site.
3) The waste handler and facility where the waste will be disposed (including the facility
name, address, and phone number). (Department of Public Health and Environment)
E. The plat shall be amended to delineate the following:
1. All sheets of the plat shall be labeled USR13-0027. (Department of Planning
Services)
2. The attached Development Standards. (Department of Planning Services)
3. The plat shall be prepared in accordance with Section 23-2-260.D of the Weld
County Code. (Department of Planning Services)
4. The applicant shall delineate the trash collection areas. Section 23-3-350.H of the
Weld County Code addresses the issue of trash collection areas. Areas used for
storage or trash collection shall be screened from adjacent properties and public
rights -of -way. These areas shall be designed and used in a manner that will prevent
trash from being scattered by wind or animals. (Department of Planning Services)
5. The plat shall delineate the approved Screening Plan. (Department of Planning
Services)
6. County Road 22 is designated on the Weld County Road Classification Plan as an
arterial road, which requires 140 feet of right-of-way at full build out. The applicant
shall verify and delineate on the plat the existing right-of-way and the documents
creating the right-of-way. All setbacks shall be measured from the edge of future
right-of-way. These roads are maintained by Weld County. (Department of Public
Works)
7 Show the approved access(es) on the plat and label with the approved access permit
number (will be provided). (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)
RESOLUTION USR13-0027
LOUIS GOLDSBY
PAGE 5
4. The Department of Planning Services respectfully requests a digital copy of this Use by Special
Review, as appropriate. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable
GIS formats are ArcView shapefiles orArcGIS Personal GeoDataBase (MDB). The preferred format
for Images is .tif (Group 4). (Group 6 is not acceptable). This digital file may be sent to
maps(a7co.weld.co.us. (Department of Planning Services)
Motion seconded by Benjamin Hansford.
VOTE:
For Passage Against Passage
Benjamin Hansford
Bruce Sparrow
Jason Maxey
Jordan Jemiola
Joyce Smock
Mark Lawley
Michael Wailes
Nick Berryman
Absent
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 August 20, 2013.
Dated the 20th of August, 2013.
43N, iminD cfaItelottgiv,
Kristine Ranslem
Secretary
Digitally signed by Kristine
Ranslem
Date: 2013.08.23 08:56:5 8 -06'00'
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMiT
DEVELOPMENT STANDARDS
USR13-0027, Louis Goldsby
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
(utility installation/ excavation services and storage of related construction materials) provided that the
property is not a lot in an approved or recorded subdivision plat or lots parts of a map or plan filed
prior to adoption of any regulations controlling subdivisions in the A (Agricultural) zone district.
(Department of Planning Services)
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld
County Code. (Department of Planning Services)
3. The operation shall comply with all applicable rules and regulations of local, state and federal
agencies and the Weld County Code. (Department of Planning Services)
4. The number of employees per the application is four (4) part-time employees per the Environmental
Health Standard Policies 2.2.K Two employees are (Department of Planning Services)
5. The number of commercial vehicles per the application is 6 11 (3 tractors and 8 trailers).
(Department of Planning Services)
6. The hours of operation as stated per the application are 6:00 am — 6:00 pm. daily. (Department of
Planning Services)
7 All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, Section
30-20-100.5, C.R.S.) shall be stored and removed for final disposal in a manner that protects against
surface and groundwater contamination. (Department of Public Health and Environment)
8. 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, Section 30-20-100.5, C.R.S. (Department of Public Health and Environment)
9. Waste materials shall be handled, stored, and disposed of in a manner that controls fugitive dust,
fugitive particulate emissions, blowing debris, and other potential nuisance conditions. (Department of
Public Health and Environment) The applicant shall operate in accordance with the approved Waste
Handling Plan, at all times. (Department of Public Health and Environment)
10. 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 and Environment)
11. This facility shall adhere to the maximum permissible noise levels allowed in the Non -specified Zone
District, as delineated in Section 14-9-30 of the Weld County Code. (Department of Public Health and
Environment)
12. Adequate drinking, hand washing and toilet facilities shall be provided for employees and patrons of
the facility, at all times. As employees or contractors are on site for less than 2 consecutive hours a
day portable toilets and bottled water are acceptable. Records of maintenance and proper disposal for
portable toilets shall be retained on a quarterly basis and available for review by the Weld County
Department of Public Health and Environment. Portable toilets shall be serviced by a cleaner
licensed in Weld County and shall contain hand sanitizers (Department of Public Health and
Environment)
RESOLUTION USR13-0027
LOUIS GOLDSBY
PAGE 7
13. Records of maintenance and proper disposal for portable toilets shall be retained -on a quarterly basis
and available for reviewb-y-the Weld County Department -of -Public Health anc Environment. Portable
toilets shall be serviced_ by a cl aner licensed in Weld County and shall contain hand sanitizers.
(Departm nt Public Health and Environment)
13. In the event the applicant intends to utilize the existing septic system at the home, for business 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. Alternately, a new septic system may be installed for business use. Evidence of
such shall be submitted, in writing, to the Weld County Department of Planning Services. (Department
of Public Health and Environment)
14. 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 and Environment)
15. The operation shall comply with all applicable rules and regulations of State and Federal agencies
and the Weld County Code. (Department of Public Health and Environment)
16. 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)
17. The screening on the site shall be maintained in accordance with the approved Screening Plan.
(Department of Planning Services)
18. 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)
19. The historical flow patterns and runoff amounts will be maintained on the site. (Department of Public
Works)
20. Weld County is not responsible for the maintenance of onsite drainage related features. (Department
of Public Works)
21. There shall be no parking or staging of vehicles on County roads. On -site parking shall be utilized.
(Department of Public Works)
22. Building permit may be required, per Section 29-3-10 of the Weld County Code. Currently the
following has been adopted by Weld County: 2012 International Codes; 2006 International Energy
Code; 2011 National Electrical Code; A building permit application must be completed and two
complete sets of engineered 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 or a open hole inspection.
23. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code.
RESOLUTION USR13-0027
LOUIS GOLDSBY
PAGE 8
24. 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.
25. 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.
26. 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.
27. 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_
RESOLUTION USR13-0027
LOUIS GOLDSBY
PAGE 9
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, sandbars, 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.
Environmental Health Policy 2.2.K
Use of portable toilets and bottled water (revised 5/8/12)
Purpose: To define when portable toilets and commercially bottled water are
allowed.
Policy: Bottled water from a commercial source is allowed in the following
circumstances:
1. Temporary or seasonal uses that are utilized 6 months or less per year
(for example recreational facilities, firework stands, farmers markets )
2. Gravel mines
3. 10 or less customers or visitors per day
and/or one of the following:
4. 2 or less full time (40 hour week) employees located on site
5. 4 or less part time (20 hour week) employees located on site
6. employees or contractors that are on site for less than 2 consecutive
hours a day
Policy: Portable toilets are allowed in the following circumstances:
1. Temporary or seasonal uses that are utilized 6 months or less per year
(for example recreational facilities, firework stands, farmers markets )
2. Gravel mines
3. 10 or less customers or visitors per day
and/or one of the following:
4. 2 or less full time (40 hour week) employees located on site
5. 4 or less part time (20 hour week) employees located on site
6. employees or contractors that are on site for less than 2 consecutive
hours a day
Note: 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.
PCMmuJcs gP0// 3
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 USR13-0037 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 Jason Maxey, Seconded by Joyce Smock.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 8).
Yes: Benjamin Hansford, Bruce Sparrow, Jason Maxey, Jordan Jemiola, Joyce Smock, Mark Lawley,
Michael Wailes, Nick Berryman.
Absent: Bret Elliott.
Commissioner Berryman commented that there is a little more information now on record, but encouraged
Mr. Walters to ask the applicant further questions if he is still concerned.
Commissioner Maxey cited Section 23-2-220.A.6 regarding prime farmland and hopes that the applicant
will still utilize the well to keep some form of crop in there.
CASE NUMBER:
APPLICANT:
PLANNER:
REQUEST:
LEGAL DESCRIPTION:
LOCATION:
USR13-0027
LOUIS GOLDSBY
TIFFANE JOHNSON
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, (UTILITY INSTALLATION/ EXCAVATION
SERVICES AND STORAGE OF RELATED CONSTRUCTION MATERIALS)
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 CORR REC EXEMPT RE -2921; PART E2SE4 SECTION 8, T2N, R66W
OF THE 6TH P.M., WELD COUNTY, COLORADO.
LOCATED 0.75 MILES EAST OF HIGHWAY 85; NORTH OF AND ADJACENT
TO CR 22.
Tiffane Johnson, Planning Services, presented Case USR13-0027, reading the recommendation and
comments into the record. Ms. Johnson noted that a phone call and a follow-up email were received from
the surrounding property owner to the east. They stated that they have no problem with what is currently
stored there; however they would have an objection if the storage of vehicles and trailers increased. The
Department of Planning Services recommends approval of this application with the attached conditions of
approval and development standards.
Ms. Johnson requested that they would like to amend Development Standard 4 to read "The number of
employees per the application is four (4) part-time employees per the Environmental Health Standard
Policies 2.2.K." Additionally, staff would like to amend Development Standard 5 to read "The number of
commercial vehicles per the application is 11 (3 tractors and 8 trailers)".
Motion: Amend Development Standard 5 as stated by staff, Motion by Jason Maxey, Seconded by Nick
Berryman. Motion carried unanimously.
Motion: Amend Development Standard 4 as stated by staff, Motion by Benjamin Hansford, Seconded
by Jason Maxey. Motion carried unanimously.
Brad Yatabe, County Attorney, directed staff to attach the Environmental Health Policy to the Resolution.
He added that from time to time policies change so this would make it clear to what policy this is being
referred to.
Commissioner Maxey asked if additional screening will be required for the vehicle parking area. Ms.
Johnson said that according to the site plan they are not proposing any screening.
Jennifer Petrik, 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 because the applicants are utilizing portable toilets Condition of Approval 1.B may
be deleted. Commissioner Maxey asked if that should remain in the event the applicant chooses to utilize
the septic system. Ms. Evett said that we could move it to the Development Standards.
Motion: Move Condition of Approval 1.B to the Development Standards and renumber accordingly,
Motion by Jason Maxey, Seconded by Benjamin Hansford. Motion carried unanimously.
Additionally, Ms. Evett recommended deleting Development Standard 13 as it is duplicated under
Development Standard 12.
Motion: Delete Development Standard 13 as stated by staff, Motion by Benjamin Hansford, Seconded
by Nick Berryman. Motion carried unanimously.
Scott Carr, 13831 CR 22, stated that he has a construction and excavation contracting business. He
stores the trucks at his site which goes to the various job sites during the day.
Commissioner Maxey asked about screening the employee and vehicle parking area from the adjacent
neighbor to the west. Mr. Carr said that there is a 6 foot tall fence on the west side currently.
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 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 USR13-0027 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 Jason Maxey, Seconded by Benjamin Hansford.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 8).
Yes: Benjamin Hansford, Bruce Sparrow, Jason Maxey, Jordan Jemiola, Joyce Smock, Mark Lawley,
Michael Wailes, Nick Berryman.
Absent: Bret Elliott.
The Chair called a recess at 2:43 pm and reconvened the hearing at 2:53 p.m.
CASE NUMBER:
APPLICANT:
PLANNER:
REQUEST:
LEGAL DESCRIPTION:
LOCATION:
USR13-0038
CHAMBERS LOREN SR TRUST. C/O SCHLEINING GENETICS, LLC
DIANA AUNGST
A SITE SPECIFIC DEVELOPMENT PLAN AND AMENDED USE BY SPECIAL
REVIEW PERMIT (SUP -219) FOR AGRICULTURAL SERVICE
ESTABLISHMENTS PRIMARILY ENGAGED IN PERFORMING
AGRICULTURAL; ANIMAL HUSBANDRY OR HORTICULTURAL SERVICES
ON A FEE OR CONTRACT BASIS, INCLUDING A LIVESTOCK
CONFINEMENT OPERATION (9,600 HEAD FEEDLOT) AND ONE (1) SINGLE-
FAMILY DWELLING UNIT PER LOT, OTHER THAN THOSE PERMITTED
UNDER SECTION 23-3-20.A, IN THE A (AGRICULTURAL) ZONE DISTRICT.
ALL NE4 18-7-65 LYING NORTH OF AND ABOVE THE EATON DITCH EXC
3A SW4NE4 BEG AT SW COR NE4 E330' NWLY ALONG W SIDE OF R/W
EATON DITCH 780' M/L W120' TO W LN NE4 S TO BEG SECTION 18, T7N,
R65W OF THE 6TH P.M., WELD COUNTY, COLORADO.
SOUTH OF AND ADJACENT TO HWY 14; WEST OF AND ADJACENT TO CR
39.
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