HomeMy WebLinkAbout20131672.tiffBEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Mark Lawley, 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:
COZ13-0001
WAKE LLLP
CHRIS GATHMAN
CHANGE OF ZONE FROM THE R-1 (LOW -DENSITY RESIDENTIAL) ZONE
DISTRICT TO THE 1-3 (INDUSTRIAL) ZONE DISTRICT.
PT E2 SECTION 32, T6N, R65W OF THE 6TH P.M., WELD COUNTY, COLORADO.
SOUTH OF AND ADJACENT TO O STREET (CR 64) AND APPROXIMATELY
675 FEET WEST OF CR 41.
be recommended favorably to the Board of County Commissioners for the following reasons:
The submitted materials are in compliance with the application requirements of Section 23-2-50 of the
Weld County Code.
2. The submitted materials are in compliance with Section 23-2-30 of the Weld County Code, as follows:
A. Section 23-2-30.A.1. - That the proposal is consistent with Chapter 22 of the Weld County.
Sec. 22-2-80. Industrial development Goals and Policies.
A. (,Goal 1. Promote the location of industrial uses within municipalities, County Urban
Growth Boundary areas, Intergovernmental Agreement urban growth areas, growth
management areas as defined in municipalities' comprehensive plans, the Regional
Urbanization Areas, Urban Development Nodes, along railroad infrastructure or where
adequate services are currently available or reasonably obtainable.
1. I.Policy 1.1. Ensure that adequate industrial levels of services and facilities are
currently available or reasonably obtainable to serve the industrial development or district.
2. (.Policy 1.2. Encourage new industrial development within existing industrial areas.
F. (.Goal 6. Minimize the incompatibilities that occur between industrial uses and surrounding
properties.
2. (.Policy 6.2. Support the use of visual and sound barrier landscaping to screen open
storage areas from residential uses or public roads.
C. [Goal 3. Consider how transportation infrastructure is affected by the impacts of new or
expanding industrial developments.
2. I.Policy 3.2 The land use applicant should demonstrate that the roadway facilities
associated with the proposed industrial development are adequate in width, classification and
structural capacity to serve the development proposal.
The proposed area to be rezoned is immediately adjacent to 1-3 Industrial zoned property to
the west and is approximately 600 -feet to the west of an existing industrial use. It is also
located approximately ' mile from the municipal boundaries of the City of Greeley and is
approximately % mile to the east of (and directly accesses via O Street) State Highway 85. O
Street is classified as an arterial road and there are existing industrial uses that access onto
to O Street to the west of this property. This site is also located within the Urban Growth
Boundary for the City of Greeley. Single family residences are located to the north and east of
the property. Any proposed use on the property will require a Site Plan Review application
that will be administratively reviewed by the County as well as outside referral agencies. The
Department of Planning Services is requiring a note on the Change of Zone plat stating that
screening and buffering from adjacent uses may be required at the time a Site Plan RQuipw _
application is submitted.
aoi3- iea 7a
RESOLUTION COZ13-0001
WAKE LLLP
PAGE 2
B. Section 23-2-30.A.2. - The uses which would be allowed on the subject property by granting
the change of zone will be compatible with the surrounding land uses. The proposed 1-3
Industrial zoning to the west is compatible with this change of zone request. Single family
residences are located to the north and east of the property. Any proposed use on the
property will require a site plan review application that will be administratively reviewed by the
County as well as outside referral agencies. The Department of Planning Services is requiring
a note on the change of zone plat stating that screening and buffering from adjacent uses
may be required at the time a Site Plan Review application is submitted.
Section 23-2-30.A.3. - Adequate water and sewer service can be made available to the site to
serve the uses permitted within the proposed zone district. The application indicates that any
future development of the site can be served by the North Weld County Water District
provided it meets the requirements of the district. North Weld County has indicated in writing
that it is able to and can provide water service to the property provided all of the requirements
of the district are satisfied. Individual Septic Systems are proposed for future uses on the site.
There is no exact timeframe when this property will be developed. Evidence of adequate
water and sewer is required to be provided at the time of Site Plan Review.
D. Section 23-2-30.A.4. - Street or highway facilities providing access to the property are
adequate in size to meet the requirements of the proposed zone districts. O Street directly
accesses State Highway 85. The Colorado Department of Transportation will review
proposed developments at the site plan review/final plan stage to determine if additional
requirements/improvements will be required in regards to access onto Highway 85. This site
is located within the Urban Growth Boundary for the City of Greeley. Future development of
the property shall adhere to the right-of-way requirements of the City of Greeley for O Street.
The edge of future right-of-way for O Street in accordance with the future right-of-way
requirements of the City of Greeley shall be indicated on the Change of Zone plat.
E. Section 23-2-30.A.5. - In those instances where the following characteristics are applicable to
the rezoning request, the applicant has demonstrated compliance with the applicable
standards:
1) Section 23-2-30.A.5.a. — The proposed change of zone is located within the Greeley -
Airport Overlay District. At the time of site plan review/construction any uses will be
required to adhere to the requirements of the Airport Overlay District (Article V, Division
1 — Weld County Code). A portion of the property (at the far south end of the property
is in the floodplain and would require a Flood Hazard Development Permit if any
construction occurs in the floodplain.
2) Section 23-2-30.A.5.b. — A mineral resource statement has been prepared by a
professional geologist that states it in their opinion that there are no extractable
aggregate resources on this site.
3) Section 23-2-30.A.5.c. — This site is not located within a soil conservation district. The
Natural Resource Conservation Soils Survey soils report submitted with the application
indicates that the majority of the site (%66.5) consists of soils that are defined as "Not
Limited" for commercial buildings. An On -site Geotechnical Soils Report needs to be
submitted prior to recording of the Final Plat or Site Plan Review that includes a
preliminary design for the roads to be constructed on -site. Additionally, engineered
foundation plans along with a soils report or open hole inspection report are required to
be submitted with building permit(s).
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 Change of Zone from the A (Agricultural) Zone District to 1-3 (Industrial) Zone District is conditional upon
the following:
RESOLUTION CO713-0001
WAKE LLLP
PAGE 3
1. Prior to recording the plat:
A. The applicant shall provide the Weld County Department of Planning Services with a Statement
of Taxes from the Weld County Treasurer showing no delinquent taxes exist for the original
parcel. (Department of Planning Services)
B. The applicant shall either submit a copy of an agreement with the property's mineral
owner/operators stipulating that the oil and gas activities have been adequately incorporated
into the design of the site or show evidence that an adequate attempt has been made to mitigate
the concerns of the mineral owner/operators. (Department of Planning Services)
C. The applicant shall attempt to address the requirements (concerns) of the City of Greeley, as
stated in the referral response dated April 25, 2013. Evidence of such shall be submitted in
writing to the Weld County Department of Planning Services.
2. The plat shall be amended to delineate the following:
A. All pages of the plat shall be labeled COZ13-0001. (Department of Planning Services)
B. The plat shall adhere to Section 23-2-50.C and D of the Weld County Code. (Department of
Planning Services)
C. All recorded easements shall be shall be shown and dimensioned on the Change of Zone plat
(reception # - book and page). (Department of Planning Services, Department of Public
Works)
D. The City of Greeley indicated in their referral dated April 25, 2013 that given the proximity to
the City and that the fact that the site is located within their urban growth boundary, the
amount of right-of-way shall be consistent with City of Greeley standards to facilitate the site's
eventual integration into urban scale development. County Road 64 (O Street) is designated
by the City of Greeley as a minor arterial road, which requires 100 feet of right-of-way at full
build out. There is presently 60 feet of right-of-way. An additional 20 40 feet from centerline of
County Road 64 (O Street) shall be delineated on the plat as future County Road 64 right-of-
way. All setbacks shall be measured from the edge of future right-of-way. The applicant shall
verify the existing right-of-way and the documents creating the right-of-way and this
information shall be noted on the plat. If the right-of-way cannot be verified, it shall be
dedicated. This road is maintained by Weld County.
E. Weld County's "Right to Farm" as provided in Appendix 22-E of the Weld County Code
shall be placed on any recorded plat.
F The following notes shall be delineated on the Change of Zone plat:
1. The Change of Zone allows for 1-3 (Industrial) uses which shall comply with the 1-3
(Industrial) Zone District requirements as set forth in Article III Division 5 of the Weld
County Code. (Department of Planning Services)
2. The operation shall comply with all applicable rules and regulations of the State and
Federal agencies and the Weld County Code. (Department of Planning Services)
3. Any future structures or uses on site must obtain the appropriate zoning and building
permits. (Department of Planning Services)
4. Screening and/or buffering from adjacent uses may be required at time of Site Plan
Review. (Department of Planning Services)
RESOLUTION COZ13-0001
WAKE LLLP
PAGE 4
5. With a Final Plat or Site Plan Review submittal, the applicant will need to provide a
Master Drainage Report which adequately addresses the requirements listed in Weld
County Code Chapter 8, Article 10, Section 8-11-120. (Department of Public Works)
6. A detailed Traffic Impact Study is required with the Final Plat or Site Plan Review
application. Offsite roadway and/or intersection improvements may be required.
(Department of Public Works)
7 Access requirements will be determined when the Traffic Study is reviewed with the
Final Plat or Site Plan Review application. (Department of Public Works)
8. Prior to recording a Final Plat or Site Plan Review Plat, the applicant may be
required to enter into an Improvements Agreement for onsite and offsite
Improvements. Collateral needs to be submitted to and accepted by the Weld
County Board of County Commissioners prior to recording of the plat. (Department of
Public Works)
9. Prior to recording a Final Plat or Site Plan Review Plat, the applicant needs to submit
a grading permit showing: proposed grading, erosion control placement, typical
details for all BMPs to be utilized, and a Construction Stormwater permit from the
Colorado Department of Public Health and Environment. The permit must be
stamped by a registered professional engineer licensed in the State of Colorado.
Please note that the grading permit will not be released until the applicant has signed
the improvements agreement, posted collateral, and submitted the Site Plan Review
plat for recording. (Department of Public Works)
10. An On -site Geotechnical Soils Report needs to be submitted prior to recording of the
Final Plat or Site Plan Review that includes a preliminary design for the roads to be
constructed on -site. (Department of Public Works)
11. To protect public safety and prevent offsite damages, sufficient interim Best
Management Practices (detention, erosion, and sediment control) will need to be
designed, approved, and installed prior to commencement of construction.
(Department of Public Works)
12. Flood Hazard Development Standard -A portion of the site is located in the 100-
year/500-year flood plains. (Department of Public Works)
13. Water service shall be obtained from North Weld County Water District. (Department
of Public Works)
14. This subdivision is in rural Weld County and is not served by a municipal sanitary
sewer system. Sewage disposal shall be by septic systems designed in accordance
with the regulations of the Colorado Department of Public Health and Environment,
Water Quality Control Division and the Weld County Code in effect at the time of
construction, repair, replacement, or modification of the system. (Department of
Public Health and Environment)
15. During development of the site, all land disturbances shall be conducted so that
nuisance conditions are not created. If dust emissions create nuisance conditions, at
the request of the Weld County Health Department, a fugitive dust control plan must
be submitted. (Department of Public Health and Environment)
16. In accordance with the Regulations of the Colorado Air Quality Control Commission
any development that disturbs more than 5 acres of land must incorporate all
available and practical methods that are technologically feasible and economically
reasonable in order to minimize dust emissions. (Department of Public Health and
Environment)
RESOLUTION COZ13-0001
WAKE LLLP
PAGE 5
17. A stormwater discharge permit may be required for a development/redevelopment
/construction site where a contiguous or non-contiguous land disturbance is greater
than or equal to one acre in area. Contact the Water Quality Control Division of the
Colorado Department of Public Health and the Environment at
www.cdphe.state.co.us/wq/PermitsUnit for more information. (Department of Public
Health and Environment)
18. Activities such as landscaping (i.e. planting of trees and shrubs) and construction
(i.e. auxiliary structures, dirt mounds, etc.) activities are expressly prohibited in the
designated absorption field site. (Department of Public Health and Environment)
19. A Weld County Septic Permit is required for the proposed business septic system
and shall be installed according to the Weld County Individual Sewage Disposal
Regulations. The septic system is required to be designed by a Colorado Registered
Professional Engineer. Please note, the lot owners shall verify with the nearest
Town/City or Sanitation District to determine the location of the nearest sewer line.
In accordance with the Weld County Code, if a sewer line exists within 400 feet of
the property and the sewer provider is willing to serve the proposed structure, a
septic permit cannot be granted by the Weld County Department of Public Health
and Environment. (Department of Public Health and Environment)
20. Building permits shall be obtained prior to the construction of any new building. A
plan review is required for each building. Plans shall bear the wet stamp of a
Colorado registered architect or engineer. Two complete sets of plans are required
when applying for each permit. (Department of Building Inspection)
21. Each new building will require an engineered foundation based on a site -specific
geotechnical report or an open hole inspection performed by a Colorado registered
engineer. Engineered foundations shall be designed by a Colorado registered
engineer. (Department of Building Inspection)
22. Buildings, 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: 20121nternational Energy Code; 2006 International
Fuel Gas Code; the 2012 International Plumbing Code; 2011 National Electrical
Code; 2003 ANSI 117.1 Accessibility Code and Chapter 29 of the Weld County
Code. (Department of Building Inspection)
23. Building Permits issued on the proposed lots will be required to adhere to the fee
structure of the Countywide Road Fee Impact Program. (Ordinance 2011-2)
24. 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 program. (Ordinance
2011-2)
25. 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)
26. 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)
RESOLUTION COZ13-0001
WAKE LLLP
PAGE 6
27. 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.
G. The applicant shall submit three (3) paper copies or one (1) electronic copy of the plat for
preliminary approval to the Weld County Department of Planning Services. (Department of
Planning Services)
RESOLUTION COZ13-0001
WAKE LLLP
PAGE 7
3. Upon completion of 1. and 2. 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 thirty (30) 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)
4. The Change of Zone plat map shall be submitted to the Department of Planning Services' for
recording within one -hundred twenty (120) days of approval by the Board of County Commissioners.
With the Change of Zone plat map, the applicant shall submit a digital file of all drawings associated
with the Change of Zone application. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation);
acceptable GIS formats are .shp (Shape Files), Arclnfo Coverages and Arcinfo Export files format
type is .e00. The preferred format for Images is .tif (Group 4) ... (Group 6 is not acceptable).
(Department of Planning Services)
5. In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005, should the plat not
be recorded within the required one -hundred -twenty (120) days from the date the Board of County
Commissioners resolution a $50.00 recording continuance charge shall added for each additional 3
month period.
Motion seconded by Jordan Jemiola.
VOTE:
For Passage Against Passage
Robert Grand
Benjamin Hansford
Mark Lawley
Nick Berryman
Joyce Smock
Jordan Jemiola
Bret Elliott
Absent
Bill Hall
Jason Maxey
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 18, 2013.
Dated the 18th of June, 2013.
66.1.61aW taaisofrivu
Kristine Ranslem
Secretary
Digitally signed by Kristine
Ranslem
Date: 2013.06.24 08:18:13 -06'00'
VC
mincdeir 6- ite
Commissioner Berryman recommended that the applicant and Ms. Grace meet to go over the details of
the plan.
Commissioner Jemiola stated that he believes this is a higher use of the property and is consistent with
the Weld County Comprehensive Plan and the Weld County Code.
Commissioner Grand agreed that this is a higher use of the property. He added that he recognizes the
need for speeding up projects but that it does not justify breaking regulatory process to do that.
CASE NUMBER:
APPLICANT:
PLANNER:
REQUEST:
LEGAL DESCRIPTION:
LOCATION:
COZ13-0001
WAKE LLLP
CHRIS GATHMAN
CHANGE OF ZONE FROM THE R-1 (LOW -DENSITY RESIDENTIAL) ZONE
DISTRICT TO THE I-3 (INDUSTRIAL) ZONE DISTRICT.
PT E2 SECTION 32, T6N, R65W OF THE 6TH P.M., WELD COUNTY,
COLORADO.
SOUTH OF AND ADJACENT TO O STREET (CR 64) AND APPROXIMATELY
675 FEET WEST OF CR 41.
Chris Gathman, Planning Services, presented Case COZ13-0001, reading the recommendation and
comments into the record. He noted that staff was contacted by a surrounding property owner with
concerns about potential for traffic when the site is developed. The Department of Planning Services
recommends approval of this application with the attached conditions of approval.
Don Carroll, Public Works, reported on the existing road, access, floodplain and drainage conditions and
the requirements on site. He noted that County Road 64, which is also O Street, is an arterial roadway
and the City of Greeley is identifying it as a minor arterial roadway. He added that Weld County is
requiring 140 feet of right-of-way; however the City of Greeley is requiring 100 feet of right-of-way. Mr.
Carroll suggested amending Condition of Approval to include the 140 feet of right-of-way.
Motion: Amend Condition of Approval 2.D to include 140 feet of right-of-way as stated by staff, Moved by
Mark Lawley, Seconded by Benjamin Hansford.
Motion passed unanimously.
Mary Evett, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site
dust control, and the Waste Handling Plan.
Bruce Johnson, 801 8th Street, Suite 220, Greeley, Colorado, stated that his family has owned this
property for several years and they intend to change the zone. He added that they have had many
inquiries on this property because of what was happening to the properties to the west. Therefore they
have decided to change the zoning so business could be located here.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Steve Gomez, 7908 Whitney Court, Ft. Collins, Colorado, stated that he is here to represent an individual
who resides at 1287 N 1st Avenue. He stated that he is concerned with changing it from low -density
residential to industrial is a significant change and will impact their property in the adjacent subdivision to
the east. He expressed concern over the decrease in property values if this is approved. The trees
between the subdivision and the proposed change of zone site do not have leaves in the winter time so it
will not provide screening.
Mr. Johnson responded to the Mr. Gomez' concerns. He added that he has lived in this area since 1943.
He has sold property surrounding this site and it has been changed to Industrial. He added that there has
been no interest in this property for residential use. The use in this part of the County and the City of
Greeley's planning is for this type of use.
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 they are in
agreement.
Motion: Forward Case COZ13-0001 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 Mark Lawley, Seconded by Jordan Jemiola.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 7).
Yes: Benjamin Hansford, Bret Elliott, Jordan Jemiola, Joyce Smock, Mark Lawley, Nick Berryman, Robert
Grand.
The Chair called a recess at 3:28 pm and reconvened the hearing at 3:36 pm.
CASE NUMBER:
APPLICANT:
PLANNER:
REQUEST:
LEGAL DESCRIPTION:
LOCATION:
USR13-0015
JOLENE & H. L. JOHNS
CHRIS GATHMAN
A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR RECREATIONAL FACILITIES AND USES (SHOOTING RANGE)
IN THE A (AGRICULTURAL) ZONE DISTRICT.
LOT B REC EXEMPT RE -4012; PART N2NE4 SECTION 16, T1 N, R67W OF
THE 6TH P.M., WELD COUNTY, COLORADO.
SOUTH OF AND ADJACENT TO CR 10 AND APPROXIMATELY 750 FEET
WEST OF CR 19.
Chris Gathman, Planning Services, presented Case USR13-0015, reading the recommendation and
comments into the record. The Department of Planning Services has received numerous phone calls,
emails and letters that have been submitted citing concerns of noise, spooking livestock on adjacent
properties, safety, traffic, and the proximity to surrounding residences. Mr. Gathman stated that the
Department of Planning Services is recommending denial of this application due to 1) non-compliance
with the City of Dacono's Comprehensive Plan and 2) the noise from the shooting range will cause noise
and disruption to adjacent residential properties and livestock.
Jennifer Petrik, Public Works, reported on the existing traffic, access and drainage conditions and the
requirements on site. Ms. Petrik recommended deleting Condition of Approval 1.K.11 and to make a new
Condition of Approval 1.K.11 to read "The gate must be set back 75 feet from the right-of-way to allow
vehicles to pull completely off the roadway in order to open the gate safely."
Motion: Delete Condition of Approval 1.K.11 and add new Condition of Approval as stated by staff,
Moved by Benjamin Hansford, Seconded by Mark Lawley.
Motion passed unanimously.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site
dust control, and the Waste Handling Plan. Ms. Light noted that Development Standard 10 restricts the
noise to the industrial limit which is 80 decibels. She added that after conferring with the County Attorney
there is a state regulation which the Weld County Ordinance was based upon. The State regulations
would come into effect for the noise regulations; therefore staff recommends that Development Standard
10 be deleted and replaced with the following language "The maximum permissible noise level shall not
exceed the industrial limit of 80 dba as measured according to Section 25-12-102 CRS."
Motion: Delete language in Development Standard 10 and replace with "The maximum permissible noise
level shall not exceed the industrial limit of 80 dba as measured according to Section 25-12-102 CRS.",
Moved by Nick Berryman, Seconded by Benjamin Hansford.
Motion passed unanimously.
Mr. Yatabe referred to Page 2 Item 2.B Paragraph 2 and recommended amending "Section 19-2-60.B" in
the second sentence to "Section 19-2-60.C.7".
Motion: Amend Item 2.B on Page 2 as stated by staff, Moved by Benjamin Hansford, Seconded by
Joyce Smock.
Motion passed unanimously.
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