HomeMy WebLinkAbout20122774.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
• RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Benjamin Hansford, 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: USR12-0037
APPLICANT: ELIZABETH HANSEN
PLANNER: DIANA AUNGST
REQUEST: 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 (LAWN AND LANDSCAPING BUSINESS) PROVIDED THAT THE
PROPERTY IS NOT A LOT IN AN APPROVED OR RECORDED SUBDIVISION
PLAT OR LOTS PARTS OF A MAP OR PLAN FILED PRIOR TO ADOPTION OF
ANY REGULATIONS CONTROLLING SUBDIVISIONS IN THE A
(AGRICULTURAL)ZONE DISTRICT.
LEGAL DESCRIPTION: LOT A REC EXEMPT RE-1814; PART SW4 SECTION 21, T4N, R67W OF THE
6TH P.M.,WELD COUNTY, COLORADO.
LOCATION: EAST AND ADJACENT TO CR 17 AND APPROXIMATELY.25 MILES NORTH OF
CR 42.
be recommended favorably to the Board of County Commissioners for the following reasons:
1. The submitted materials are in compliance with the application requirements of Section 23-2-260 of
the Weld County Code.
2. It is the opinion of the Planning Commission that the applicant has shown compliance with Section 23-
2-220 of the Weld County Code as follows:
A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other
• applicable code provisions or ordinance in effect.
Section 22-2-20.G.2. A.Goal 7.2. states: "Conversion of agricultural land to nonurban
residential, commercial and industrial uses should be accommodated when the subject site is in
an area that can support such development, and should attempt to be compatible with the
region."
Application materials and a review of the property indicate the site can support the proposed
use. 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 applicant is proposing
landscaping to screen the parking and the outdoor storage of landscaping material.
Section 22-2-100.O. C.Goal 4. states: "New commercial uses or expansion of existing
commercial uses should meet existing federal, state and local policies and legislation."
Conditions of Approval and Development Standards will ensure that the proposed use meets the
existing federal, state and local policies and legislation.
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.S. of the Weld County Code allow for, A Site Specific
Development Plan and Use by Special Review Permit for a Use Permitted as a Use by Right,an
Accessory Use,or a Use by Special Review in the Commercial or Industrial Zone Districts(Lawn
and Landscaping Business) in the A(agricultural)zone district.
Currently the property is in violation(ZCV12-00093)for the operation of a landscaping business
without an approved and recorded Use by Special Review permit (USR). If the USR is
approved, the violation will be closed. If denied, the case shall be referred to the County
Attorney's office with a delay of legal action for 30 days in order to give the applicant time to
• ensure that the business is removed from the property. EXHIBIT
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RESOLUTION USR12-0037
ELIZABETH HANSEN
• PAGE 2
C. Section 23-2-220.A.3 --The uses which will be permitted will be compatible with the existing
surrounding land uses.
The subject property is located in an agricultural area with residential properties to the north and
west across County Road 17. The properties on the east,west and south are annexed to the
Town of Johnstown. The properties to the west(across County Road 17)are part of the Stroh
Subdivision; a developing residential small-lot subdivision in Johnstown. The properties to the
east and south are currently used for agricultural purposes. The property to the north is in the
County and received a USR to operate a landscaping business (USR-1725) in 2010. This
property also contains the closest residence; a single family dwelling approximately 200 feet
north of the property line of the subject property.
The existing structures on the subject property include a primary dwelling unit, a shop, and
several small out buildings. The Weld County Department of Planning Services has received no
letters/comments from the surrounding property owners. The Landscaping, Screening, and
Lighting Plan in addition to the Development Standards and Conditions of Approval for this
proposal will assist in mitigating the impacts of the facility on the adjacent properties and will
ensure that this use will be compatible with surrounding land uses.
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 subject property is located within the three-mile referral area of the Town of Johnstown,
Berthoud, and Milliken. The Town of Johnstown in their letter dated May 9, 2012 stated that
• additional improvements may be needed to ensure save ingress and egress when County Road
17 is improved and widened.The Town of Berthoud in their referral dated June 25,2012 stated
that they have no concerns with the proposed development.The Town Milliken did not respond.
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.
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)
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 subject site is classified as"Prime Irrigated Farmlands of National Importance"as delineated
on the Important Farmlands of Weld County map,dated 1979. This parcel is 1.61 acres in size
and is currently developed as a residential property therefore it is not conducive to farming. Lot
A of Recorded Exemption (RE-1814) parcel to subdivide improvements from agrarian lands.
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.
RESOLUTION USR12-0037
ELIZABETH HANSEN
• PAGE 3
This recommendation is based,in part,upon a review of the application materials submitted by the applicant,
other relevant information regarding the request, and responses from referral entities.
The Planning Commission recommendation for approval is conditional upon the following:
1. Prior to recording the plat:
A. The applicant shall 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. Drill envelopes can be delineated on the plat in
accordance with the State requirements as an attempt to mitigate concerns. The plat shall be
amended to include any possible future drilling sites. (Department of Planning Services)
B. The applicant shall comply with Appendix 23-B of the Weld County Code and the Section 208 of
the 2010 Americans with Disability Act and provide an adequate number of parking spaces. The
applicant shall provide 1 parking space per every two employees and 1 parking space for every
500 square feet of office space. One of the parking spaces shall meet the requirements of ADA.
Further, the applicant shall delineate curb stops for the parking spaces shown on the Use by
Special Review plat. (Department of Planning Services)
C. The applicant shall adhere to the ADA standards for the subject property at all times. Non-
ambulatory/ambulatory parking spaces shall be identified and shown on the plat. The ADA
parking spaces must be the closest possible to the entrance. Signage will be required. Curb
cuts,ramps,and other methods of providing accessibility shall be required to reasonably attempt
to meet the requirements of the ADA standards. (Department of Planning Services)
• D. The applicant shall submit a Parking and Circulation Plan to the Department of Planning
Services for review and approval. (Department of Planning Services)
E. In accordance with Chapter23,Article II, Division 4,Section 23-2-240(A)(10)the applicant shall
submit a Screening Plan to the Department of Planning Services for review and approval.
(Department of Planning Services)
F. In accordance with Chapter 23,Article II, Division 4,Section 23-2-260(B)(12)the applicant shall
submit a Landscape Plan to the Department of Planning Services for review and approval.
(Department of Planning Services)
G. In accordance with Chapter 23,Article IV,Division 2 the applicant shall submit a Signage Plan to
the Department of Planning Services for review and approval. The quantity,size and location of
the signs shall comply with Appendix 23-C and Appendix 23-D. (Department of Planning
Services)
H. Section 23-3-360.F.states,in part,that,"any lighting...shall be designed,located,and operated
in such a manner as to meet the following standards: sources of light shall be shielded so that
beams or rays of light will not shine directly onto adjacent properties...." The applicant shall
submit a site lighting plan that shall comply with Section 23-3-360.F. (Department of Planning
Services)
I. The applicant shall submit a revised dust abatement plan to include measures to mitigate on site
dust, to the Environmental Health Services, Weld County Department of Public Health &
Environment. (Department of Public Health and Environment)
•
RESOLUTION USR12-0037
ELIZABETH HANSEN
•
PAGE 4
J. 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 and equipment in accordance with the Rules and Regulations of the
Water Quality Control Commission,and the Environmental Protection Agency. Vehicle washing
areas should be designated on the plat. (Department of Public Health and Environment)
K. In the event the applicant intends to utilize the existing septic system at the home,for employee
use,the septic system shall be reviewed by a Colorado Registered Professional Engineer. The
review shall consist of observation of the system and a technical review describing the system's
ability to handle the proposed hydraulic load.The review shall be submitted to the Environmental
Health Services Division of the Weld County Department of Public Health and Environment. In
the event the system is found to be inadequately sized or constructed the system shall be
brought into compliance with current Regulations. (Department of Public Health and
Environment)
L. A copy of the Commercial Applicators license, from the Colorado Department of Agriculture,
shall be provided to Environmental Health Services,Weld County Department of Public Health&
Environment. (Department of Public Health and Environment)
M. The applicant shall submit documentation that floor drain wastes from any vehicle maintenance
facility is captured in a watertight vault and hauled off for proper disposal. (Department of Public
Health and Environment)
N. The applicant shall submit a revised waste handling plan, for approval, to the Environmental
Health Services Division of the Weld County Department of Public Health&Environment. The
• plan shall include at a minimum,the following:
1) A list of wastes which are expected to be generated on site (this should include expected
volumes and types of waste generated).
2) A list of the type and volume of chemicals expected to be stored on site.
3) The waste handler and facility where the waste will be disposed(including the facility name,
address, and phone number). (Department of Public Health and Environment)
O. The plat shall be amended to delineate the following:
1) All sheets of the plat shall be labeled USR12-0037. (Department of Planning Services)
2) The attached Development Standards. (Department of Planning Services)
3) The plat shall be prepared per Section 23-2-260.D of the Weld County Code.(Department of
Planning Services)
4) The vicinity map shall adhere to Section 23-2-260.D.4 of the Weld County Code.
(Department of Planning Services)
5) The applicant shall delineate the trash collection areas. Section 23-3-350.H. states that,
"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 approved Landscape/ Screening Plan. All outdoor storage of material, vehicles and
equipment shall be screened from adjacent to properties and public rights of way.
• (Department of Planning Services)
7) The approved Signage Plan. (Department of Planning Services)
RESOLUTION USR12-0037
• ELIZABETH HANSEN
PAGE 5
8) The approved Lighting Plan. (Department of Planning Services)
9) The applicant shall show the approved water quality feature on the plat and label it as a"No
Build/No Storage Area". (Department of Public Works)
2. The applicant shall submit three (3) paper copies of the plat for preliminary approval to the Weld
County Department of Planning Services. (Department of Planning Services)
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 one-hundred-twenty(120)days from
the date of the Board of County Commissioners resolution. The applicant shall be responsible for
paying the recording fee. (Department of Planning Services)
4. 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 dhuerter@co.weld.co.us. (Department of Planning Services)
5. Prior to the release of building permits:
A. 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: 2006
• International Building Code; 2006 International Mechanical Code; 2006 International Plumbing
Code: 2006 International Energy Code; 2006 International Fuel Gas Code; 2011 National
Electrical Code; 2003 ANSI 117.1 Accessibility Code and Chapter 29 of the Weld County Code.
(Department of Building Inspection)
B. Any structures proposed to have changes uses will require commercial building permit for change
of use. A code analysis, floor plan and complete set of plans for any alteration and possibly a
structural analysis by a professional engineer will be required. No permits were located for the
barn structure or the individual sheds on the property. These buildings will require permits in
order to be used as part of the business. If these building comply with the ag-exempt portion of
the code, the applicant shall submit a certificate of compliance (COC) permit. (Department of
Building Inspection)
C. A building permit will be required for any new construction,alteration,or addition to any buildings
or structures on the property. A building permit application must be completed and two complete
sets of plans including engineered foundation plans bearing the wet stamp of a Colorado
registered architect or engineer must be submitted for review. (Department of Building
Inspection)
D. All building plans shall be submitted to the local Fire District(Johnstown Fire Protection District)
for review and approval prior to issue of Building Permits. (Department of Building Inspection)
Motion seconded by Jordan Jemiola.
RESOLUTION USR12-0037
ELIZABETH HANSEN
• PAGE 6
VOTE:
For Passage Against Passage Absent
Robert Grand
Bill Hall
Jordan Jemiola
Bret Elliott
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 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 September 28, 2012.
Dated the 18'"of September, 2012.
J Digitally signed Kristine Ranslem
di\jakintLocation:1555 N 17th Ave
Date:2012.09.25 08:03:44-06'00'
Kristine Ranslem
Secretary
•
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
• DEVELOPMENT STANDARDS
USR12-0037
1. A Site Specific Development Plan and Use by Special Review Permit for any Use Permitted as a Use
by Right, an Accessory Use, or a Use by Special Review in the Commercial or Industrial Zone
Districts (Lawn and Landscaping Business)in the A(Agricultural)Zone District.
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 full-time on-site employees shall be limited to 10 as stated in the application materials.
(Department of Planning Services)
4. The hours of operations shall be limited to 7:00 a.m.—6:00 p.m. Mon—Sat. (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. Any vehicle and equipment washing area(s) shall capture all effluent and prevent discharges from
washing of vehicles and equipment in accordance with the Rules and Regulations of the Water
Quality Control Commission,and the Environmental Protection Agency.(Department of Public Health
and Environment)
10. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The facility shall be
operated in accordance with the approved"dust abatement plan", at all times.(Department of Public
Health and Environment)
11. This facility shall adhere to the maximum permissible noise levels allowed in the Residential Zone as
delineated in Section 14-9-30 of the Weld County Code. (Department of Public Health and
Environment)
12. Adequate drinking,hand washing and toilet facilities shall be provided for employees of the facility,at
all times. Portablo toilets and Bottled water are allowod. As employees are on site for less than 2
consecutive hours a day portable toilets and bottled water are acceptable. (Department of Public
Health and Environment)
13. 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)
14. In the event the applicant intends to utilize the existing septic system at the home,for employee use,
the septic system shall be reviewed by a Colorado Registered Professional Engineer. The review
shall consist of observation of the system and a technical review describing the system's ability to
handle the proposed hydraulic load. The review shall be submitted to the Environmental Health
Services Division of the Weld County Department of Public Health and Environment. In the event the
•
system is found to be inadequately sized or constructed the system shall be brought into compliance
with current Regulations. (Department of Public Health and Environment)
RESOLUTION USR12-0037
• ELIZABETH HANSEN
PAGE 8
15. The facility shall utilize the existing public water supply(Little Thompson Water District).(Department
of Public Health and Environment)
16. All pesticides,fertilizer,and other 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)
17. The applicant shall comply with all provision of the Pesticide Applicators'Act issued by the Colorado
Department of Agriculture,Division of Plant Industry.(Department of Public Health and Environment)
18. Process wastewater(such as floor drain wastes)shall be captured in a watertight vault and hauled off
for proper disposal. Records of installation, maintenance, and proper disposal shall be retained.
(Department of Public Health and Environment)
19. 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)
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. 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)
22. Weld County is not responsible for the maintenance of onsite drainage related features.(Department
of Public Works)
23. 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)
24. 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)(Department of Planning
Services)
25. 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)(Department of
Planning Services)
26. 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)
27. 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)
• 28. 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)
RESOLUTION USR12-0037
ELIZABETH HANSEN
PAGE 9
• 29. 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)
30. 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. (Department of Planning Services)
31. 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)
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
they are bladed,will not provide the same kind of surface expected from a paved road. Snow removal
priorities mean that roads from subdivisions to arterials may not be cleared for several days after a
• major snowstorm. Services in rural areas,in many cases,will not be equivalent to municipal services.
Rural dwellers must, by necessity, be more self-sufficient than urban dwellers.
RESOLUTION USR12-0037
ELIZABETH HANSEN
• PAGE 10
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 q-18-6
• SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
�q Tuesday, September 18, 2012
CJ A regular meeting of the Weld County Planning Commission was held in the Weld County Administration
Building, Hearing Room, 1150 O Street, Greeley, Colorado. The meeting was called to order by Chair,Jason
Maxey, at 1:30 p.m.
▪ Roll Call.
Present: Benjamin Hansford, Bill Hall, Bret Elliott,Jason Maxey,Jordan Jemiola,Joyce Smock, Mark Lawley,
Robert Grand.
AbsentlExcused: Nick Berryman.
Also Present: Kim Ogle, Chris Gathman,and Diana Aungst, Department of Planning Services; Heidi Hansen,
Department of Public Works; Lauren Light and Mary Evett, Department of Health; Brad Yatabe, County
Attorney, and Kris Ranslem, Secretary.
U Motion: Approve the September 4, 2012 Weld County Planning Commission minutes, Moved by
Robert Grand, Seconded by Bill Hall.
Motion passed unanimously.
le CASE NUMBER: USR12-0037
APPLICANT: ELIZABETH HANSEN
PLANNER: DIANA AUNGST
REQUEST: 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 (LAWN AND LANDSCAPING BUSINESS) PROVIDED THAT THE
PROPERTY IS NOT A LOT IN AN APPROVED OR RECORDED SUBDIVISION
PLAT OR LOTS PARTS OF A MAP OR PLAN FILED PRIOR TO ADOPTION OF
ANY REGULATIONS CONTROLLING SUBDIVISIONS IN THE A
(AGRICULTURAL)ZONE DISTRICT.
LEGAL DESCRIPTION: LOT A REC EXEMPT RE-1814; PART SW4 SECTION 21, T4N, R67W OF THE
6TH P.M.,WELD COUNTY, COLORADO.
LOCATION: EAST AND ADJACENT TO CR 17 AND APPROXIMATELY.25 MILES NORTH OF
CR 42.
R°J Diana Aungst, Planning Services, presented Case USR12-0037, 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. In addition, Public Works and
Environmental Health presented their reports and stated that they have no concerns with this request. Mary
Evett, Environmental Health, recommended amending Development Standard 12 to read"Adequate drinking,
hand washing and toilet facilities shall be provided for employees and patrons of the facility, at all times. As
employees are on site for less than 2 consecutive hours a day portable toilets and bottled water are
acceptable."
la Motion: Amend Development Standard 12 as recommended by Staff, Action: Adjourn, Moved by
Robert Grand, Seconded by Benjamin Hansford.
Motion��q passed unanimously.
�FJ Jeff Gould stated that he operates Ace of Blades, which is a landscaping business. He is proposing to
use the property to allow for employee parking and some storage of landscape material. There are currently 5
• employees with potentially up to 10 employees on site.
The Chair asked if there was anyone in the audience who wished to speak for or against this -•• - • • •
f„"..arc tl
. one wished to speak.
The Chair asked the applicant if he read through the amended Development Standards and Conditions of
Approval and if they are in agreement with those. The applicant replied that he is in agreement.
El Motion: Forward Case USR12-0037 to the Board of County Commissioners along with the amended
Conditions of Approval and Development Standards with the Planning Commission's recommendation of
approval, Moved by Benjamin Hansford, Seconded by Jordan Jemiola.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 8).
Yes: Benjamin Hansford, Bill Hall, Bret Elliott, Jason Maxey, Jordan Jemiola, Joyce Smock, Mark Lawley,
Robert Grand.
�nq
CJ CASE NUMBER: USR12-0039
APPLICANT: PROSPECT VALLEY GRAIN LLC
PLANNER: KIM OGLE
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR AN AGRICULTURAL SERVICE ESTABLISHMENT PRIMARILY
ENGAGED IN PERFORMING AGRICULTURAL, ANIMAL HUSBANDRY OR
HORTICULTURAL SERVICES ON A FEE OR CONTRACT BASIS, INCLUDING:
GRAIN AND/OR FEED ELEVATORS;GRAIN AND FEED SALES;COMMERCIAL
GRAIN STORAGE AND DRYING; SEED PRODUCTION, PROCESSING,
STORAGE,MIXING,BLENDING AND SALES AND RETAIL AND WHOLESALE OF
PRODUCTS AND SIMILAR GOODS ASSOCIATED WITH THE AGRI-BUSINESS
AND AGRICULTURAL USES [PROSPECT VALLEY GRAIN, LLC - GRAIN AND
SUNFLOWER RECEIVING AND STORAGE FACILITY WITH SCALEHOUSE,
OFFICE AND SUPPORT AND STORAGE BUILDINGS], IN THE A
(AGRICULTURAL)ZONE DISTRICT
•
LEGAL DESCRIPTION: ALL SW4 SECTION 27, TIN, R63W OF THE 6TH P.M., WELD COUNTY,
COLORADO.
LOCATION: NORTH OF CR 4; EAST OF CR 67.
e Kim Ogle, Planning Services, presented Case USR12-0039, reading the recommendation and
comments into the record. The Department of Planning Services recommends approval of this application
with the attached conditions of approval and development standards. In addition, Public Works and
Environmental Health presented their reports and stated that they have no concerns with this request.
le Kirk Goble, Bell 5 Land Company, 710 11th Avenue, Greeley, CO, stated that he represents the applicant
Mr. Zimbelman. This application is for a proposal for a grain handling facility, primarily handling sunflowers.
The applicant would like to build the facility on property he owns as he has been utilizing some of his own on-
farm facilities to handle some of the grain. The majority of the traffic would be done during harvest. The
growth of the facility will be done in phases, as it is required.
El The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Jeffrey and Beth Jacobsen, 33518 CR 4, stated that they live right across from the proposed facility. Mr.
Jacobsen stated that his wife and daughter have asthma and they are concerned with the dust. In addition, he
is concerned with how the farm will be operated and what it all entails. He inquired if the agricultural husbandry
will include the possibility of a feedlot and if all 77 acres need to be included in the permit. Mr. Jacobsen said
that they are concerned with dust, noise, and rodents.
Beth Jacobsen said that it's not that they are against progress in the area but they are concerned with the
traffic and the dust. She inquired if improvements to the road could be made.
• In response to Mr. Maxey's inquiry regarding the explanation for the entire 77 acres and agricultural animal
husbandry, Mr. Ogle commented that the USR Permit boundary covers the entire 77 acres; however the area
that will be impacted will be approximately 10 acres. He added that the proposal is not for a confined livestock
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