HomeMy WebLinkAbout20120455.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
• Moved by Robert Grand, that the following resolution be introduced for passage by the Weld County Planning
Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER: USR11-0017
APPLICANT: LAWRENCE SCOTT
PLANNER: CHRIS GATHMAN
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR AN AMENDMENT TO USR-671 (FARM EQUIPMENT REPAIR
SHOP)FOR EXPANSION OF OUTDOOR STORAGE OF VEHICLES,MATERIALS
AND PARTS ASSOCIATED WITH THE FARM EQUIPMENT REPAIR SHOP,
ALONG WITH A TOWING SERVICE, AND AN IMPOUND LOT IN THE A
(AGRICULTURAL)ZONE DISTRICT.
LEGAL DESCRIPTION: LOT A AMENDED REC EXEMPT AMRE-1379; PART SW4 SECTION 1,Ti N,
R67W of the 6th P.M., WELD COUNTY, COLORADO.
LOCATION: SOUTH OF AND ADJACENT TO STATE HIGHWAY 52;APPROXIMATELY 1/2 MILE
EAST OF CR 23.
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 B.2. A.Policy 2.2. states: "Allow commercial and industrial uses, which are
directly related to or dependent upon agriculture,to locate within agricultural areas when the
impact to surrounding properties is minimal or mitigated and where adequate services and
infrastructure are currently available or reasonably obtainable. These commercial and
industrial uses should be encouraged to locate in areas that minimize the removal of
agricultural land from production."
Section 22-2-20 A.A.Goal 1. states: "Respect and encourage the continuation of agricultural
land uses and agricultural operations for purposes which enhance the economic health and
sustainability of agriculture."
Section 22-2-20 I. A.Policy 9.3. states: "Consider mitigation techniques to address
incompatibility issues. Encourage techniques and incentives, such as but not limited to
clustered development and building envelopes, to minimize impacts on surrounding
agricultural land."
This proposed Amended Use by Special Review Permit is to expand an existing farm
equipment repair shop originally approved under USR-671. USR-671 was approved by the
Board of County Commissioners on May 15, 1985. This use consists of mostly indoor repair
of vehicles with some outdoor repair of larger vehicles and some outdoor storage of vehicles
and equipment awaiting repair, or repaired vehicles awaiting payment of repairs. In addition
to this use, the applicant intends to operate a vehicle towing business (estimated at
approximately one tow per week)and a screened impound lot for storage of wrecked,derelict
or abandoned vehicles for the Colorado Highway Patrol (estimated at approximately two
times per month).
Development standards and conditions of approval (such as screening of outdoor vehicles
• and equipment storage associated with the business) will ensure compatibility with the
surrounding area.
RESOLUTION USR11-0017
LAWRENCE SCOTT
PAGE 2
• B. Section 23-2-220.A.2--The proposed use is consistent with the intent of the(A)Agricultural
Zone District. Per Sections 23-3-40.B.4 and 23-3-40.S of the Weld County Code: Farm
equipment sales, repair and installation facilities and Any use permitted as a Use by Right,an
accessory use, or a Use by Special Review in the commercial or industrial zone districts,
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 are
listed as Uses by Special Review 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. This violation was initiated due to the expansion of a Use by Special
Review (USR-671) permitted area without the necessary Weld County Zoning Permits and
the presence of non-permitted mobile homes and Noncommercial Junkyard. This case was
presented to the Board of County Commissioners through the Violation Hearing process on
February 8, 2011. At that hearing, the Board referred this case to the County Attorney's
office, but delayed legal action for 30 days. The applicant submitted this USR application to
address the expansion of the boundaries of USR-671. This complaint was from a private
citizen.
This application if approved by the Board of County Commissioners and once a plat is
recorded will correct a portion of the violation. If this application is denied, the commercial
use shall be reduced to fall back within the guidelines as established through USR-671.
Additionally, if denied by the Board of County Commissioners this case will proceed with legal
action accordingly.
There is an existing single family residence and outbuildings located on the parcel
immediately to the west of the USR site and two other single-family residences located
approximately 150-300 feet to the northwest of the site. Farmland is located to the south and
• vacant land and an old gravel mining site are located to the north and east of the USR
property.
No letters, e-mails nor phone calls from surrounding property owners have been received in
response to this land use request.
Staff is requiring screening of outdoor vehicle and equipment storage from adjacent
residences and rights-of-way to ensure compatibility with existing surrounding properties.
D. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with future
development of the surrounding area as permitted by the existing zoning and with the future
development as projected by Chapter 22 of the Weld County Code and any other applicable
code provisions or ordinances in effect, or the adopted Master Plans of affected
municipalities. The proposed USR site is located within the three-mile referral areas of the
City of Fort Lupton and Town of Frederick. No referral response has been received from
either municipality.
E. Section 23-2-220.A.5 -- The application complies with Article V of the Weld County Code.
The existing site is within the County Road Impact Fee Area and the Capital Expansion
Impact Fee area.
Effective April 25, 2011, Building Permits issued on the proposed lots will be required to
adhere to the fee structure of the Weld County Road Impact Program. (Ordinance 2011-2)
Effective April 25, 2011, Building Permits issued on the proposed lots, will be required to
adhere to the fee structure of the County Facility Fee and Drainage Impact Fee. (Ordinance
2011-2)
•
•
RESOLUTION USR11-0017
LAWRENCE SCOTT
PAGE 3
• 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. This special use permit
application is to address expansion an existing commercial business that has occurred since
the original USR was approved. No additional agricultural land is being taken out of
production.
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. Conditions of approval and
development standards will ensure adequate provisions to 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. The plat shall be amended to delineate the following:
A. All sheets of the plat shall be labeled USR11-0017 (Department of Planning Services)
B. The attached Development Standards. (Department of Planning Services)
C. The plat shall be prepared in accordance with Section 23-2-260.D of the Weld County Code.
(Department of Planning Services)
D. Show the individual parking spaces for employees and customers and ensure that the
parking spaces are not located on top of the septic leach field. At least one (1) ADA
• accessible parking space shall be provided. (Department of Public Works)
E. Show the boundary of the Water Quality Area and label as "Water Quality — No Build or
Storage Area". The water quality area may need to be split into two to ensure that the runoff
from the business/shop area and the storage area is caught. (Department of Public Works)
F. 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)
G. In the event washing of vehicles and equipment will occur on site the applicant shall
ensure that any vehicle and equipment washing area(s) shall capture all effluent and
prevent discharges from the washing of vehicles in accordance with the Rules and
Regulations of the Water Quality Control Commission, and the Environmental Protection
Agency. Vehicle and equipment washing areas should be designated on the plat.
(Department of Public Health and Environment)
H. The plat shall delineate the approved Screening Plan. (Department of Planning Services)
I. The off-street parking spaces including the access drive shall be surfaced with gravel,
asphalt, concrete or the equivalent and shall be graded to prevent drainage problems.
(Department of Public Works)
J. The approved lighting plan. (Department of Planning Services)
• 2. The applicant shall revise their dust abatement plan, for review and approval, to the
Environmental Health Services, Weld County Department of Public Health & Environment.
(Department of Public Health and Environment)
RESOLUTION USR11-0017
LAWRENCE SCOTT
PAGE 4
• 3. All Weld County Individual Sewage Disposal System (ISDS) regulations and policies apply. Septic
Repair Permit SP-1100141 must receive a final inspection and approval through the Weld County
Department of Public Health and Environment, Environmental Health Services. (Department of
Public Health and Environment)
4. The applicant shall address the requirements of the Fort Lupton Fire Protection District, as stated in
the referral response dated October 24, 2011. Written evidence of such shall be submitted in writing
to the Weld County Department of Planning Services. (Department of Planning Services)
5. The applicant shall provide evidence to the Department of Planning Services that all noncommercial
junkyard items located on the property are screened from all adjacent properties and public rights of
way, or have been removed from the property. (Department of Planning Services)
6. If Lighting is existing/proposed the applicant shall submit to the Department of Planning Services with
a Lighting Plan for review and approval. The lighting plan shall meet the following requirements:
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. (Department of Planning
Services)
7. The applicant shall submit to the Department of Planning Services a Screening Plan for review and
approval. The applicants indicate they will install corrugated metal fencing set 1' high on steel posts
and steel rails. The fencing shall be non-reflective. The applicant shall indicate what color the metal
fencing will be. (Department of Planning Services)
8. The applicant shall enter into a Private Improvements Agreement according to policy regarding
• collateral for improvements and post adequate collateral for fencing, screening). The agreement and
form of collateral shall be reviewed by County Staff and accepted by the Board of County
Commissioners prior to recording the USR plat. As an alternative,the applicant may submit evidence
that all the work has been completed and reviewed by the Department of Planning Services and the
Department of Public Work. (Department of Planning Services)
9. Upon completion of 1-9 above the applicant shall submit three (3) paper copies of the plat for
preliminary approval to the Weld County Department of Planning Services. Upon approval of the
paper copies the applicant shall submit a Mylar plat along with all other documentation required as
Conditions of Approval. The Mylar plat shall be recorded in the office of the Weld County Clerk and
Recorder by Department of Planning Services' Staff. The plat shall be prepared in accordance with
the requirements of Section 23-2-260.D of the Weld County Code. The Mylar plat and additional
requirements shall be submitted within 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)
10. In accordance with Weld County Code Ordinance 2006-7 approved June 1, 2006, should the plat not
be recorded within the required sixty (60) days from the date the Board of County Commissioners
resolution a $50.00 recording continuance charge shall added for each additional 3 month period.
(Department of Planning Services)
11. 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 maps(a)co.weld.co.us. (Department of Planning Services)
• 12. 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)
•
RESOLUTION USR11-0017
LAWRENCE SCOTT
PAGE 5
• Motion seconded by Benjamin Hansford.
VOTE:
For Passage Against Passage Absent
Robert Grand
Bill Hall
Tom Holton
Alexander Zauder
Benjamin Hansford
Mark Lawley
Nick Berryman
Jason Maxey
Joyce Smock
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 Commissioners 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 January 17, 2012.
Dated the 171h of January, 2012.
-61WS,bc'u, / >c1,4:G,wi
Kristine Ranslem
Secretary
•
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Scott
• USR11-0017
1. A Site Specific Development Plan and Amended Special Review Permit for an Amendment to Use by
Special Review 671 (farm equipment repair shop) for expansion of outdoor storage of vehicles,
materials and parts associated with the farm equipment repair shop,along with a Towing service,and
an impound lot 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 number of on-site employees shall be limited to two (2) outside employees. (Department of
Planning Services)
4. The hours of operations shall be limited to 8:00 am—6:00 pm Monday—Saturday with the exception
of the towing service. (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 and
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
and 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 and Environment)
8. The applicant shall operate in accordance with the approved "waste handling plan", at all times.
(Department of Public Health and 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 and Environment)
10. This facility shall adhere to the maximum permissible noise levels allowed in the Commercial
Zone as delineated in Section 14-9-30 of the Weld County Code. (Department of Public Health
and Environment)
11. Any vehicle or equipment washing areas shall capture all effluent and prevent discharges in
accordance with the Rules and Regulations of the Water Quality Control Commission, and the
Environmental Protection Agency. (Department of Public Health and Environment)
12. 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)
13. Adequate drinking, handwashing and toilet facilities shall be provided for employees and patrons
of the facility, at all times. (Department of Public Health and Environment)
•
RESOLUTION USR11-0017
LAWRENCE SCOTT
PAGE 7
• 14. 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 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. Effective April 25, 2011, Building Permits issued on the proposed lots will be required to adhere to the
fee structure of the Weld County Road Impact Program. (Ordinance 2011-2)
17. Effective April 25, 2011, Building Permits issued on the proposed lots,will be required to adhere to the
fee structure of the County Facility Fee and Drainage Impact Fee. (Ordinance 2011-2)
18. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code.
19. The property owner or operator shall be responsible for complying with the Operation Standards
of Section 23-2-250, Weld County Code.
20. Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties
where such would cause a nuisance or interfere with the use on the adjacent properties 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 constructed as traffic control devices. (Department of
Planning Services)
• 21. The Screening on site shall be maintained in accordance with the approved Screening Plan.
(Department of Planning Services)
22. 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)
23. 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.
24. The historical flow patterns and runoff 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)
25. Weld County is not responsible for the maintenance of onsite drainage related features. (Department
of Public Works)
26. The Special Review area shall be limited to the plans shown hereon and governed by the
foregoing standards and all applicable Weld County regulations. Substantial changes from the
plans or Development Standards as shown or stated shall require the approval of an amendment
of the Permit by the Weld County Board of County Commissioners before such changes from the
plans or Development Standards are permitted. Any other changes shall be filed in the office of
the Department of Planning Services.
• 27. 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.
RESOLUTION USR11-0017
LAWRENCE SCOTT
PAGE 8
• 28. WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive agricultural
counties in the United States, typically ranking in the top ten counties in the country in total market
value of agricultural products sold. The rural areas of Weld County may be open and spacious, but
they are intensively used for agriculture. Persons moving into a rural area must recognize and accept
there are drawbacks, including conflicts with long-standing agricultural practices and a lower level of
services than in town. Along with the drawbacks come the incentives which attract urban dwellers to
relocate to rural areas: open views, spaciousness,wildlife, lack of city noise and congestion,and the
rural atmosphere and way of life. Without neighboring farms, those features which attract urban
dwellers to rural Weld County would quickly be gone forever.
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area. Well-run agricultural
activities will generate off-site impacts, including noise from tractors and equipment; slow-moving
farm vehicles on rural roads; dust from animal pens, field work, harvest and gravel roads; odor from
animal confinement, silage and manure; smoke from ditch burning;flies and mosquitoes; hunting and
trapping activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and
fertilizers in the fields, including the use of aerial spraying. It is common practice for agricultural
producers to utilize an accumulation of agricultural machinery and supplies to assist in their
agricultural operations. A concentration of miscellaneous agricultural materials often produces a
visual disparity between rural and urban areas of the County. Section 35-3.5-102, C.R.S., provides
that an agricultural operation shall not be found to be a public or private nuisance if the agricultural
operation alleged to be a nuisance employs methods or practices that are commonly or reasonably
associated with agricultural production.
Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to
assume that ditches and reservoirs may simply be moved"out of the way"of residential development.
When moving to the County, property owners and residents must realize they cannot take water from
• irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water.
Weld County covers a land area of approximately four thousand (4,000) square miles in size(twice
the size of the State of Delaware)with more than three thousand seven hundred(3,700)miles of state
and county roads outside of municipalities. The sheer magnitude of the area to be served stretches
available resources. Law enforcement is based on responses to complaints more than on patrols of
the County, and the distances which must be traveled may delay all emergency responses, including
law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must
leave their jobs and families to respond to emergencies. County gravel roads, no matter how often
they are bladed, will not provide the same kind of surface expected from a paved road. Snow
removal priorities mean that roads from subdivisions to arterials may not be cleared for several days
after a major snowstorm. Services in rural areas, in many cases, will not be equivalent to municipal
services. Rural dwellers must, by necessity, be more self-sufficient than urban dwellers.
People are exposed to different hazards in the County than in an urban or suburban setting. Farm
equipment and oil field equipment, ponds and irrigation ditches,electrical power for pumps and center
pivot operations, high speed traffic, sandburs, puncture vines, territorial farm dogs and livestock,and
open burning present real threats. Controlling children's activities is important, not only for their
safety, but also for the protection of the farmer's livelihood.
•
l - 17-20, a_
He added that they would like to take the opportunity today to enter into a dialogue with staff and learn some
• more perspectives on the transportation issues.
The Chair asked if there was anyone in the audience who wished to speak for or against the continuation of
this case. No one wished to speak.
Benjamin Hansford moved to continue Case USR11-0026 to the February 7, 2012 hearing, seconded by
Robert Grand.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Joyce
Smock, yes; Nick Berryman, yes; Robert Grand, yes; Bill Hall, no; Alexander Zauder, absent; Jason Maxey,
yes; Benjamin Hansford, yes; Mark Lawley,yes with comment; Tom Holton, yes. Motion carried on vote 7-1.
Commissioner Lawley commented that given the fact that staff has not had a chance to review the traffic
issues related to the case he believes it is prudent for this Board to continue this case.
The Chair read the next case into record.
CASE NUMBER: USR11-0017
APPLICANT: LAWRENCE SCOTT
PLANNER: CHRIS GATHMAN
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR AN AMENDMENT TO USR-671 (FARM EQUIPMENT REPAIR
SHOP)FOR EXPANSION OF OUTDOOR STORAGE OF VEHICLES,MATERIALS
AND PARTS ASSOCIATED WITH THE FARM EQUIPMENT REPAIR SHOP,
ALONG WITH A TOWING SERVICE, AND AN IMPOUND LOT IN THE A
(AGRICULTURAL)ZONE DISTRICT.
LEGAL DESCRIPTION: LOT A AMENDED REC EXEMPT AMRE-1379; PART SW4 SECTION 1,Ti N,
R67W of the 6th P.M., WELD COUNTY, COLORADO.
• LOCATION: SOUTH OF AND ADJACENT TO STATE HIGHWAY 52;APPROXIMATELY½MILE
EAST OF CR 23.
Chris Gathman, Planning Services, stated that this proposed Amended Use by Special Review Permit is to
expand an existing farm equipment repair shop originally approved under USR-671. USR-671 was approved
by the Board of County Commissioners on May 15, 1985. This use consists of mostly indoor repair of vehicles
with some outdoor repair of larger vehicles and some outdoor storage of vehicles and equipment awaiting
repair, or repaired vehicles awaiting payment of repairs. In addition to this use,the applicant intends to operate
a vehicle towing business (estimated at approximately one tow per week) and a screened impound lot for
storage of wrecked, derelict or abandoned vehicles for the Colorado Highway Patrol (estimated at
approximately two times per month).
This amended USR is to address a pending zoning violation(ZCV10-00121). This violation was initiated due to
the expansion of a Use by Special Review (USR-671) permitted area without the necessary Weld County
Zoning Permits and the presence of non-permitted mobile homes and Noncommercial Junkyard. This case
was presented to the Board of County Commissioners through the Violation Hearing process on February 8,
2011.At that hearing, the Board referred this case to the County Attorney's office, but delayed legal action for
30 days. The applicant submitted this USR application to address the expansion of the boundaries of USR-
671. This complaint was from a private citizen.
There is an existing single family residence and outbuildings located on the parcel immediately to the west of
the USR site and two other single-family residences located approximately 150-300 feet to the northwest of
the site along with a single family residence to the east of the site. Farmland is located to the south and vacant
land and an old gravel mining site are located to the north and east of the USR property.
Fourteen Referrals were sent out and nine referral agencies responded with either no comments or approval
with conditions.
• This site is located within the three-mile referral areas of the City of Fort Lupton and the Town of Frederick.
2012-0455
No referral response was received from Frederick and Fort Lupton returned a referral response which
• indicated no conflict with their interests.
A letter of objection from a surrounding property owner was received January 13,2012. The letter expresses
concerns regarding misuse of an access by the applicant and removal of a fence to allow the applicant to
store vehicles and equipment on this owner's property. Concerns were also expressed regarding non-
compliance with state zoning laws (outside storage of a junkyard within 1,000 feet of a state highway —
Highway 52), and concerns were expressed regarding lack of containment for leaking vehicles and impacts on
the water table.
The Colorado Department of Transportation (CDOT) was sent a copy of this application for this case. No
response has been received; however, the applicant did provide a copy of an e-mail from Gloria Idler with
CDOT dated January 13, 2011. In this email they indicate that they considered the access to the site
grandfathered and legal and would only require a re-evaluation of the access if traffic to the site increased by
more than 20%.
There are a number of conditions of approval/development standards proposed for this application to address
impacts and compatibility.
The applicant is proposing to screen the outdoor storage area with a six(6)foot tall metal fence on posts. The
Department of Planning Services is requiring an updated screening plan to address the reflectivity of the
fencing since it will be metal. The fencing shall be either painted or the applicant shall demonstrate that the
fencing will not be reflective as a condition of approval for this case.
The Zoning Compliance Department is requiring that all noncommercial junkyard items on the property,
outlined under the zoning violation, either be removed from the property or be completely screened from all
adjacent properties and rights-of-way as a condition of approval for this case.
A lighting plan is required should the applicant propose any outside lighting.
Heidi Hansen, Public Works, stated that the access is onto State Highway 52, which is under CDOT
jurisdiction and they have indicated that there are no concerns with this access. Staff requested that the
applicant delineates on the plat map where the parking is to ensure that they are not parking on top of the
septic leach field. Staff has no concerns with this case.
Mary Evett, Environmental Health, stated that the shop is served by an existing septic system and the
applicant is proposing to upgrade the system. The facility is served by an existing commercial well; however
according to the permit the well is restricted to drinking and sanitary purposes inside the shop. The well may
not be used for irrigation or any other purposes outside the shop. The applicant submitted a Waste Handling
Plan for trash and garbage to be removed by Gator Rubish. In addition, the vehicle fluids will be removed by
Tri-County Oil Reclaimers. The applicant also submitted a spill plan which includes a contract with a company
to remove waste and assist with clean up of any large quantity spills along with removal of contaminated soil.
Ms. Evett added that the applicant needs to submit a revised Dust Control Plan since the commercial well is
restricted to sanitary and drinking purposes inside the shop.
Ms. Evert stated that there are two conditions of approval in duplicate and recommended deleting Condition of
Approval 1.G and move Condition 3 to 1.G. Robert Grand moved to delete Condition of Approval 1.G and
move the language from Condition 3 to Condition 1.G, seconded by Bill Hall. Motion carried.
David Pier stated that he represents the applicant, which is his brother-in-law, Larry Scott. He said that they
repair farm equipment anywhere from small tractors to harvesters. They also repair farm and commercial
diesel trucks. He added that they don't repair pickup trucks or cars. The towing operation consists of heavy
Class A trucks that have broken down on the highway; they do not tow cars or trucks.
Mr. Pier understands that there was a concern with leakage; however they have a contract with a local agency,
• Barron's Oil Field Service, to take care of any spills that might occur. Fortunately there has not been a spill
and have not had to use that contract.
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• The property that is located to the south and west of the subject site is owned by his mother. That area was
cut out of the 160 acre farm and added that she has substantial water rights on her farm and she would be
willing to rent water for the irrigation system should it be necessary in order to abate the dust.
In regard to the neighbor's objection letter of unauthorized use of her property, Mr. Pier stated that is not the
case. He submitted a 2007 Letter of Agreement with Mrs. Dreiling concerning that usage. He added that in
the letter the use that they have been making of the property was in fact recognized and approved by Mrs.
Dreiling through her attorneys some years ago. Mr. Pier said that they are not repairing any equipment on her
property. The use that is made is on occasion where larger items of farm equipment or long tractor trailer rigs
will pull out of the southeastern corner of the property onto the property to the east and turn around and come
back to the property.
Commissioner Hansford asked if he expects expansion in his towing business to more than 1 time per week.
Mr. Scott said that he doesn't see it expanding. Mr. Pier submitted photos of the land belonging to Mrs.
Dreling who filed the objection. He added that it will give you an idea of the area that she refers to in her letter.
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 he read through the Development Standards and Conditions of Approval and
if they are in agreement with those. The applicant replied that he is in agreement.
Commissioner Lawley asked staff if they intend to have screening on the entire site. Mr. Gathman said that in
looking at the site the biggest issues with screening will be from Highway 52 and the eastern and western
portion of the property. No screening would be required on the south side given that the nearest residence is
1 mile or more away.
Robert Grand moved that Case USR11-0017, be forwarded to the Board of County Commissioners along with
the amended Conditions of Approval and Development Standards with the Planning Commission's
recommendation of approval, seconded by Benjamin Hansford.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Joyce
Smock, yes; Nick Berryman, yes; Robert Grand,yes with comment; Bill Hall, yes;Alexander Zauder, absent;
Jason Maxey, yes; Benjamin Hansford, yes; Mark Lawley,yes;Tom Holton,yes. Motion carried unanimously.
Commissioner Grand commented that the applicant has been operating for awhile and is making a good faith
effort to clean up his property. He expressed disappointment that the person who opposed this application
didn't show up at today's hearing. He believes that what the applicant is doing is an improvement to the area.
The Chair read the following case into record.
CASE NUMBER: COZ11-0001
APPLICANT: BIG THOMPSON INVSNT HOLDINGS LLC
PLANNER: TOM PARKO
REQUEST: CHANGE OF ZONE FROM THE A(AGRICULTURAL)ZONE DISTRICT TOTHEI-3
(INDUSTRIAL)ZONE DISTRICT.
LEGAL DESCRIPTION: LOT A AND B RE-4914; PT W2 SECTION 23, T4N, R66W of the 6th P.M.,
WELD COUNTY, COLORADO.
LOCATION: EAST OF HWY 85 AND SOUTH OF COUNTY ROAD 44.
Nick Berryman abstained from participating in this case due to a personal conflict.
Tom Parko, Planning Services, stated that this request is for a Change of Zone from the Agricultural Zone
District to the 1-3 (Industrial) Zone District.
• The site is located south of County Road 44; east of and adjacent to County Road 33. U.S. Highway 85 is
located to the west. The property boundary is approximately 113 acres and is comprised of two (2) lots
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