HomeMy WebLinkAbout20131500.tiffBEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Bill Hall, 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:
be recommended favorably to the Board of County Commissioners for the following reasons:
USR13-0011
JENNIFER JAQUISH
MICHELLE MARTIN
A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT FORA
CHILD CARE CENTER IN THE A (AGRICULTURAL) ZONE DISTRICT.
LOT A REC EXEMPT RE -3463; PART SW4 SECTION 18, T2N, R67W OF THE 6TH P.M.,
WELD COUNTY, COLORADO.
EAST OF AND ADJACENT TO CR 13; NORTH OF CR 20.
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 22-2-150D.A Goal 4 states: "Conversion of agricultural land to nonurban residential,
commercial and industrial uses will be accommodated when the subject site is in an area that can
support such development. Such development shall attempt to be compatible with the region."
Development Standards and Conditions of Approval will ensure that the proposed use will be
compatible with the area. The surrounding property is primarily agricultural in nature. Section 23-2-
240.A.10 of the Weld County Codes states "...that buffering or screening of the proposed use from
adjacent properties may be required in order to make the determination that the proposed use is
compatible with the surrounding uses." The majority of the proposed Child Care Center is located
within the basement of the applicant's home therefore minimizing the impacts to surrounding property
owners. The Development Standards and Conditions of approval will also ensure the proposed use
will be compatible with the 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.T of the Weld County Code allows for, A Site Specific Development Plan and
Use by Special Review Permit for a Child Care Center in the A (Agricultural) Zone District.
C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing
surrounding land uses.
The facility is located in a primarily residential area on a parcel containing several improvements
including a house and detached garage. Adjacent properties to the north and south are mainly
utilized for residential purposes. The eastern property has a Use by Special Review (USR-1174)
for 125 dogs and 35 cats. The property to the west is within the municipal limits of the Town of
Firestone and is a residential subdivision (Noname Creek Estates). The Weld County Department
of Planning Services has not received any opposition from the surrounding property owners.
Development Standards and Conditions of Approval will ensure that this use will be compatible
with surrounding land uses.
RESOLUTION USR13-0011
JENNIFER JAQUISH
PAGE 2
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 3 -mile referral for the Towns of Frederick and Firestone. The Town
of Frederick indicated in their referral dated 4/4/13 "not in town planning area, no comment." The
Town of Firestone in their May 8 email indicated they did not support the increased traffic over the
Firestone Regional Trail due to safety concerns. A follow email was sent by the Town of
Firestone dated May 9 indicating town staff thinks it would be in the best interest of all concerned
if the applicant has the opportunity to request an amend to the current easement to the Firestone
Town Board directly. Town staff is happy to work thought that process with the applicant. The
conditions of approval address the sentiments of the Town of Firestone's referral.
E. Section 23-2-220.A.5 -- The application complies with Article V of the Weld County Code. The
existing site is within the County Road Impact Fee Area and the Capital Expansion Impact Fee
and Drainage Impact Fee areas.
Building Permits issued on the proposed lots will be required to adhere to the fee structure of the
Weld County Road Impact Program. (Ordinance 2011-2)
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 located on soils designated as "Irrigated Land (not prime)" per the 1979
Soil Conservation Service Important Farmlands of Weld County Map. This total size of the parcel
+/- 2.52 acres but the applicant is using the existing improvements for the child care center
therefore not utilizing any additional farmland.
G. Section 23-2-220.A.7 -- There is adequate provisions for the protection of health, safety, and
welfare of the inhabitants of the neighborhood and County.
The Design Standards (Section 23-2-240, Weld County Code), Operation Standards (Section 23-
2-250, Weld County Code), Conditions of Approval and Development Standards can ensure that
there are adequate provisions for the protection of health, safety, and welfare of the inhabitants of
the neighborhood and County.
This recommendation is based, in part, upon a review of the application materials submitted by the applicant,
other relevant information regarding the request, and responses from referral entities.
The Planning Commission recommendation for approval is conditional upon the following:
1. Prior to recording the plat:
A. The applicant shall address the requirements of the Weld County Building Department as
stated in their referral received April 10, 2013. Written evidence of such shall be provided to
the Department of Planning Services. (Weld County Building Department)
B. The applicant will need to obtain an update the access easement with the Town of Firestone.
The current easement is for residential and agricultural uses only and not for commercial
purposes. A recorded copy of the updated easement shall be submitted to the Weld County
Department of Planning Services. (Department of Planning Services)
RESOLUTION USR13-0011
JENNIFER JAQUISH
PAGE 3
C. The applicant shall submit evidence of a Child Care Facility License from the Colorado
Department of Human Resources, Division of Child Care (12 CCR 2509-8). (Department of
Public Health & Environment)
D. The applicant shall submit evidence that the drinking water well complies with the
requirements of Section 4-101 of the Colorado Department of Public Health and Environment,
Consumer Protection Division's Rules and Regulations Governing the Health and Sanitation
of Child Care Facilities (6 CCR 1010-7). (Department of Public Health & Environment)
E. The City of Firestone has annexed this portion of County Road 13. The applicant shall
provide written evidence of access approval from the City of Firestone for the existing access
off of County Road 13. (Department of Public Works)
F. The plat shall be amended to delineate the following:
1) All sheets of the plat shall be labeled USR13-0011. (Department of Planning
Services)
2) The plat shall be prepared per Section 23-2-260.D of the Weld County Code.
(Department of Planning Services)
3) The attached Development Standards. (Department of Planning Services)
4) Show the approved access point on the plat with the updated easement reception
number. (Department of Planning Services)
5) 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 public rights -of -way and
adjacent properties. These areas shall be designed and used in a manner that will
prevent wind or animal scattered trash. (Department of Planning Services)
6) The plat shall delineate the location and size of the proposed sign, if any per Article
IV, Division 2 and Appendix 23- C, D and E of the Weld County Code. (Department
of Planning Services)
7) The plat shall delineate the location of the lighting to be used on site, if any.
(Department of Planning Services)
8) The Department of Planning Services has determined from the application materials
that eleven (11) parking spaces and one (1) ADA parking space will be required on
site. Each parking space should be equipped with wheel guards where needed to
prevent vehicles from extending beyond the boundaries of the space and from
coming into contact with other vehicles, walls, fences, sidewalks, or plantings.
(Department of Planning Services)
9) 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)
2. Prior to the Certificate of Occupancy:
A. The applicant shall conduct an on -site fire code inspection to ensure the business meets all
the related fire code requirements. (Frederick -Firestone Fire Protection District)
RESOLUTION USR13-0011
JENNIFER JAQUISH
PAGE 4
3. The applicant shall submit one (1) electronic copy or two (2) paper copies of the plat for preliminary
approval to the Weld County Department of Planning Services. (Department of Planning Services)
4. Upon completion of 1. above 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 sixty (60) 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)
5. 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 mapsco.weld.co.us. (Department of Planning Services)
Motion seconded by Joyce Smock.
VOTE:
For Passage
Robert Grand
Bill Hall
Benjamin Hansford
Nick Berryman
Joyce Smock
Jordan Jemiola
Against Passage Absent
Mark Lawley
Jason Maxey
Bret Elliott
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioner's for further proceedings.
CERTIFICATION OF COPY
I, Kristine Ranslem, Recording Secretary for the Weld County Planning Commission, do hereby certify that the
above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County,
Colorado, adopted on June 4, 2013.
Dated the 4th of June, 2013.
Digitally signed by Kristine
46\jeknt, `&4,1 1,2,4,L. Ranslem
Date: 2013.06.07 13:41:56 -06'00'
Kristine Ranslem
Secretary
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Jennifer Jaquish
USR13-0011
1. A Site Specific Development Plan and Use by Special Review Permit for a Child Care Center 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 hours of operations shall be limited to 6:00 am — 6:00 pm Monday through Friday, as stated in the
application. (Department of Planning Services)
4. The number of employees shall be limited to 2 and the maximum number of children shall be limited
to 12, as stated in the application. (Department of Planning Services)
5. 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)
6. 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)
7. 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)
8. The applicant shall operate in accordance with the approved "waste handling plan", at all times.
(Department of Public Health & Environment)
9. 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)
10. 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)
11. Adequate drinking, hand washing and toilet facilities shall be provided for employees and patrons of
the facility, at all times. (Department of Public Health & Environment)
12. Sewage disposal for the facility shall be by septic system. 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)
13. Any additional hydraulic load to an existing septic system will require an Evaluation from a Colorado
Registered Professional Engineer. The engineer's evaluation shall be submitted to the Weld County
Environmental Health Department. In the event the system is found to be inadequate, the system
must be brought into compliance with current Weld County Individual Sewage Disposal Regulations.
(Department of Public Health & Environment)
14. The drinking water well shall comply with the requirements of Section 4-101 of the Colorado
Department of Public Health and Environment, Consumer Protection Division's Rules and Regulations
Governing the Health and Sanitation of Child Care Facilities (6 CCR 1010-7). (Department of Public
Health & Environment)
RESOLUTION USR13-0011
JENNIFER JAQUISH
PAGE 6
15. The applicant shall comply with Rules and Regulations Governing the Health and Sanitation of Child
Care Facilities issued by the Colorado Department of Public Health and Environment, Consumer
Protection Division (6 CCR 1010-7). (Department of Public Health & Environment)
16. The applicant shall comply with the General Rules for Child Care Facilities issued by the Colorado
Department of Human Resources, Division of Child Care (12 CCR 2509-8). (Department of Public
Health & Environment)
17. 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)
18. The applicant is proposing a well as its source of water (Commercial Well Permit 290532). The
applicant should be made aware that the well permit may limit the quantity of water available for the
specific uses. (Department of Public Health & Environment)
19. 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)
20. 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)
21. 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)
22. 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)
23. 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)
24. 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)
25. 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)
26. 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)
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. (Department of
Planning Services)
RESOLUTION USR13-0011
JENNIFER JAQUISH
PAGE 7
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. (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. (Department of
Planning Services)
30. Buildings and structures shall conform to the requirements of the various codes adopted at the time of
permit application. Currently the following has been adopted by Weld County: 2012 International
Building Code; 2012 International Mechanical Code; 2012 International Plumbing Code:; 2012
International Fuel Gas Code; 2006 International Energy Code; 2011 National Electrical Code; 2009
ANSI 117.1 Accessibility Code and Chapter 29 of the Weld County Code. (Building Department)
31. Prior to the release of building permit, the applicant shall submit evidence of approval from the
Frederick -Firestone Fire Protection District to the Weld County Building Department. (Building
Department)
32. 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
RESOLUTION USR13-0011
JENNIFER JAQUISH
PAGE 8
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.
PC mnudcs °l'1-//3
The original site was limited to two (2) access points on County Road 71. When they separated the site
they requested an additional access on County Road 136.5 and were granted a temporary access. He
stated that they would like to make that permanent because it is a separate site and for safety reasons
they would like to have 2 access points.
Ms. Hansen stated that right now the access is approved for temporary use. She added that the Traffic
Engineer would review the application for permanent use and either approve/or deny the access permit.
If it would be denied then it would go before the Board of County Commissioners for determination. She
said that it is a separate permit process and not something that is granted through the USR process.
Brad Yatabe, County Attorney, reiterated that this is not in the purview of the Planning Commission;
however there is a process for this separate from this hearing.
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 USR13-0002 to the Board of County Commissioners along with the Conditions of
Approval and Development Standards with the Planning Commission's recommendation of approval,
Moved by Bill Hall, Seconded by Joyce Smock.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 6).
Yes: Benjamin Hansford, Bill Hall, Jordan Jemiola, Joyce Smock, Nick Berryman, Robert Grand.
CASE NUMBER: USR13-0011
APPLICANT: JENNIFER JAQUISH
PLANNER: MICHELLE MARTIN
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A CHILD CARE CENTER IN THE A (AGRICULTURAL) ZONE
DISTRICT.
LEGAL DESCRIPTION: LOT A REC EXEMPT RE -3463; PART SW4 SECTION 18, T2N, R67W OF THE
6TH P.M., WELD COUNTY, COLORADO.
LOCATION: EAST OF AND ADJACENT TO CR 13; NORTH OF CR 20.
Michelle Martin, Planning Services, presented Case USR13-0011, 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.
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.
Mickey Leyba-Farnsworth, Permontes Group, 625 Main Street, Longmont Colorado, stated that the
applicants are proposing a daycare center at this site. She added that the current access agreement is
for this subject site and the parcel to the south for a residential and agricultural use. They are going
before the Town of Firestone to request a separate access for commercial use of the daycare center.
The applicants intend to limit the daycare center to 12 children. Ms. Farnsworth stated that they are
proposing some safety improvements for the crossing of the Firestone trail and will be presenting these to
the Town of Firestone.
John Jaquish stated that he is a State Certified Daycare Provider and added that he intends to be there
on a daily basis. They hope to have a second phase to the facility to add onto the existing garage for
future growth. He added that they have discussed annexation into Firestone upon the proposed growth.
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 USR13-0011 to the Board of County Commissioners along with the Conditions of
Approval and Development Standards with the Planning Commission's recommendation of approval,
Moved by Bill Hall, Seconded by Joyce Smock.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 6).
Yes: Benjamin Hansford, Bill Hall, Jordan Jemiola, Joyce Smock, Nick Berryman, Robert Grand.
CASE NUMBER:
APPLICANT:
PLANNER:
REQUEST:
LEGAL DESCRIPTION:
LOCATION:
USR12-0063
MURDOFF HOLDINGS LLC
DIANA AUNGST
A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT ANY USE PERMITTED AS A USE BY RIGHT, AN ACCESSORY USE,
OR A USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL
ZONE DISTRICTS (OUTSIDE RECREATIONAL VEHICLE STORAGE)
PROVIDED THAT THE PROPERTY IS NOT A LOT IN AN APPROVED OR
RECORDED SUBDIVISION PLAT OR LOTS PARTS OF A MAP OR PLAN
FILED PRIOR TO ADOPTION OF ANY REGULATIONS CONTROLLING
SUBDIVISIONS IN THE A (AGRICULTURAL) ZONE DISTRICT.
LOT A REC EXEMPT RE -2798; PART SW4 SECTION 8, T6N, R67W OF THE
6TH P.M., WELD COUNTY, COLORADO.
EAST AND ADJACENT TO CR 15; APPROXIMATELY 0.25 MILES NORTH OF
WINDSHIRE DRIVE.
Diana Aungst, Planning Services, presented Case USR12-0063, reading the recommendation and
comments into the record. Ms. Aungst stated that staff has received two (2) letters of opposition from
surrounding property owners citing concerns of drainage, lighting, noise, traffic, views, property values
and security. This site is located within the Urban Growth Boundary of the Town of Windsor. The
Department of Planning Services recommends approval of this application with the attached conditions of
approval and development standards.
Heidi Hansen, Public Works, reported on the existing traffic, access and drainage conditions and the
requirements on site.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site
dust control, and the Waste Handling Plan.
Gordon Murdoff stated that he is proposing an RV storage area. There is currently no water available to
the site for agricultural use. He added that a horse trailer could be stored on site but no commercial
vehicles will be allowed.
Commissioner Grand asked the applicant if he considered annexing into the Town of Windsor. Mr.
Murdoff stated that he has had discussions with Windsor and indicated that Windsor denied annexation.
In response to Commissioner Smock's inquiry, Mr. Murdoff stated that access to the site is by
appointment only.
Commissioner Smock noted that the Windsor Fire Department submitted concerns on this facility. Mr.
Murdoff said that he left a message with the Fire Department but didn't receive a call back. He
understood that their concern was that a fire hydrant should be within 400 — 450 feet from the property.
He added that there is a fire hydrant that is located on County Road 15 which is 204 linear feet to the
corner of his property. Ms. Aungst stated that staff received a letter from the Windsor/Severance Fire
Protection District that included 9 comments. She suggested that a Condition of Approval stating that the
applicant should attempt to address these concerns be added to the staff report.
Motion: Add Condition of Approval 1.G to read "The applicant shall attempt to address the concerns of
the Windsor/Severance Fire Protection District and provide evidence to the Department of Planning
Services.", Moved by Benjamin Hansford, Seconded by Nick Berryman.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 6).
Yes: Benjamin Hansford, Bill Hall, Jordan Jemiola, Joyce Smock, Nick Berryman, Robert Grand.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Hello