HomeMy WebLinkAbout20120759 BEFORE 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: USR11-0023
APPLICANT: ADOLPH &JOHN TREVINO
PLANNER: CHRIS GATHMAN
REQUEST: 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, 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 (STORAGE OF UP TO 30 TRAILERS AND 25 TRUCKS ALONG
WITH A FUTURE SHOP ASSOCIATED WITH A TRUCKING BUSINESS)IN THE A
(AGRICULTURAL)ZONE DISTRICT.
LEGAL DESCRIPTION: LOT A REC EXEMPT RE-2341; PART NE4 SECTION 30, T4N, R65W OF THE
5TH P.M., WELD COUNTY, COLORADO.
LOCATION: SOUTH OF CR 42; WEST OF AND ADJACENT TO CR 39.
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 8.2. 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 22-2-20G.1 1. A.Policy 7.1. states: "County land use regulations should support
commercial and industrial uses that are directly related to, or dependent upon, agriculture,to
locate within the agricultural areas,when the impact to surrounding properties is minimal, or
can be mitigated, and where adequate services are currently available or reasonably
obtainable."
The proposed use involves the storage of trucks and equipment associated with hauling of
crops and agricultural related products (hay, onions, sileage and sugar beets). The site is
located on an 11 acre parcel that is partially covered with livestock pens (where vehicle
storage is not occurring). No additional agricultural land will be removed from production.
Development standards and conditions of approval (for example requiring that the vehicle
and trailer storage area be screened)will ensure compliance with Chapter 22.
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 allows 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, 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 (outdoor storage of trucks and trailers and a future shop associated with a m
trucking business) as a Use by Special Review in the A (Agricultural) Zone District.
2012-0759
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RESOLUTION USR11-0023
ADOLPH &JOHN TREVINO
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 site is located in an agricultural area. The site is adjacent to a
single family residence immediately to the west and a single family residence to the east
(across County Road 39). An existing Use by Special Review Permit(USR-662-for a horse
boarding and training facility) is located immediately to the south of the property. Agricultural
land and a single family residence are located to the north and northwest of the site. This
application was submitted to address an active Zoning Violation (ZCV10-00140). This
violation was initiated due to the operation of commercial vehicle traffic and storage of
vehicles without first completing the necessary Weld County Zoning Permits. The
Department of Planning Services has attached development standards and conditions of
approval to ensure compatibility with the surrounding area such as requiring that the truck
and trailer storage area be completely screened from adjacent 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 is not located within a 3-mile municipal referral area or
within an Intergovernmental Agreement (IGA) area.
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)
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 parcel is designated as
"Irrigated Land (Not Prime)" according to the Prime and Important Farmlands Map of Weld
and Larimer Counties.
G. Section 23-2-220.A.7 —There are adequate provisions for the protection of health, safety,
and welfare of the inhabitants of the neighborhood and County.
Previously, the property was in violation (ZCV10-00140) for the operation of commercial vehicle traffic and
storage of vehicles without an approved and recorded Use by Special Review permit (USR); however, the
violation will be closed upon approval from the Board of County Commissioners.
This recommendation is based, in part, upon a review of the application materials submitted by the applicant,
other relevant information regarding the request, and responses from referral entities.
The Planning Commission recommendation for approval is conditional upon the following:
1. Prior to Recording the plat:
A. The applicant shall address the requirements (concerns) of Weld County Department of
Building Inspection, as stated in the referral response dated November 8, 2011. (Department
of Building Inspection)
• B. An individual sewage disposal system is required for the proposed facility 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
according to the Weld County Individual Sewage Disposal Regulations. (Department of
Public Health and Environment)
RESOLUTION USR11-0023
ADOLPH&JOHN TREVINO
PAGE 3
• C. If any onsite lighting is proposed, the applicant shall submit to the Department of Planning
Services with a Lighting Plan for review and approval. (Department of Planning Services)
D. The applicant shall submit to the Department of Planning Services with a Screening Plan for
review and approval (the trucks and trailers shall be screened from adjacent residences and
county road right-of-way). (Department of Planning Services)
E. 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. 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 Works. (Department of Planning Services)
F. The plat shall be amended to delineate the following:
1. All sheets of the plat shall be labeled USR11-0023 (Department of Planning Services)
2. The attached Development Standards. (Department of Planning Services)
3. The plat shall be prepared in accordance with Section 23-2-260.D of the Weld County Code.
(Department of Planning Services)
4. The applicant shall delineate the trash collection areas. Section 23-3-350.H of the Weld
County Code addresses the issue of trash collection areas. Areas used for storage or trash
collection shall be screened from adjacent 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)
5. County Road 39 is designated on the Weld County Road Classification Plan as a collector
road,which requires 80 feet of right-of-way(40-feet from the centerline of County Road 39)at
full build out. There is presently 60-feet of right-of-way. The applicant shall verify and
delineate on the plat the existing right-of-way and the documents creating the right-of-way.
The edge of future right-of-way for County Road 39 shall be indicated on the plat as well. All
setbacks shall be measured from the edge of future right-of-way. If the right-of-way cannot
be verified, it shall be dedicated. These roads are maintained by Weld County. (Department
of Public Works)
6. The plat shall delineate the approved Screening Plan. (Department of Planning Services)
7. The plat shall delineate the approved Lighting Plan (if applicable). (Department of Planning
Services)
8. Show the existing access points on the Plat and label them with the Access Permit number-
AP11-00544. (Department of Public Works)
9. The plat map shall be modified to relocate truck parking from the southwestern portion of the
property to the north end of the property. (Department of Planning Services)
10.The approved lighting plan (if applicable). (Department of Planning Services)
2. Upon completion of 1. 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
RESOLUTION USR11-0023
ADOLPH &JOHN TREVINO
PAGE 4
• Board of County Commissioners resolution. The applicant shall be responsible for paying the
recording fee. (Department of Planning Services)
3. In accordance with Weld County Code Ordinance 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)
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 mapsco weld.co.us (Department of Planning Services)
5. 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)
Motion seconded by Bill Hall.
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 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 March 6, 2012.
Dated the 6'h of March, 2012.
Kristine Ranslem
Secretary
•
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
• Adolph & John Trevino
USR11-0023
1. A Site Specific Development Plan and 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,
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 (storage of up to 30
trailers and 25 trucks along with a future shop associated with a trucking business) 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 no more than five(5)at any one time accordance
with the application materials. (Department of Planning Services)
4. The number of vehicles/equipment on site at any one time shall be limited to twenty-five(25)trucks
and thirty(30)trailers in accordance with the application materials.(Department of Planning Services)
5. Hauling hours shall be limited to 7:00 am —6:00 pm Monday— Sunday as stated in the application
materials. (Department of Planning Services)
6. 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)
• 7. 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)
8. 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)
9. The applicant shall operate in accordance with the approved "waste handling plan", at all times.
(Department of Public Health and Environment)
10. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The facility shall be
operated in accordance with the approved "dust abatement plan", at all times. (Department of
Public Health and Environment)
11. This facility shall adhere to the maximum permissible noise levels allowed in the Commercial
Zone as delineated in Section 14-9-30 of the Weld County Code. (Department of Public Health
and Environment)
12. No washing or maintenance of vehicles or equipment shall occur on the property. (Department of
Public Health and Environment)
13. Adequate drinking, hand washing and toilet facilities shall be provided for employees of the facility,
at all times. (Department of Public Health and Environment)
14. 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)
RESOLUTION USR11-0023
ADOLPH&JOHN TREVINO
PAGE 6
• 15. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
(Department of Public Health and Environment)
16. 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)
17. 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)
18. 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)
19. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code.
20. The property owner or operator shall be responsible for complying with the Operation Standards
of Section 23-2-250, Weld County Code.
21. Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties
where such would cause a nuisance or interfere with the use on the adjacent properties 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)
22. The Screening on site shall be maintained in accordance with the approved Screening Plan.
(Department of Planning Services)
• 23. 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)
24. A building permit shall be obtained prior to the construction of any new structures. (Department of
Building Inspection)
25. Buildings 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
Fuel Gas Code; and the 2011 National Electrical Code and Chapter 29 of the Weld County Code.
(Department of Building Inspection)
26. Prior to the release of building permit, the applicant shall submit evidence of approval from the
LaSalle Fire Protection District to the Weld County Building Department. (Department of Building
Inspection)
27. Necessary personnel from the Weld County Departments of Planning Services, Public Works,
and Public Health and Environment shall be granted access onto the property at any reasonable
time in order to ensure the activities carried out on the property comply with the Conditions of
Approval and Development Standards stated herein and all applicable Weld County regulations.
28. 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)
•
RESOLUTION USR11-0023
ADOLPH&JOHN TREVINO
PAGE 7
• 29. 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.
30. 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.
31. 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.
3_
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
• Tuesday, March 6, 2012
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, Tom
Holton, at 1:30 p.m.
ROLL CALL ABSENT
car
Tom Holton fl x rn
Mark Lawley 0 nz, TIE;
Nick Berryman ri W 'zit;c")
Robert Grand — o
Bill Hall Pc
Benjamin Hansford t,r
Alexander Zauder cn�
Jason Maxey
Joyce Smock
Also Present: Kim Ogle, Chris Gathman and Tom Parko, Department of Planning Services; Don Carroll and
Heidi Hansen, Department of Public Works; Lauren Light and Mary Evett, Department of Health; Brad Yatabe,
County Attorney, and Kris Ranslem, Secretary.
Robert Grand moved to approve the February 21, 2012 Weld County Planning Commission minutes,
seconded by Benjamin Hansford. Motion carried.
CASE NUMBER: USR11-0030
APPLICANT: BAYSHORE LLC, CIO KERR-MCGEE OIL AND GAS ONSHORE, LP
• PLANNER: KIM OGLE
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND AMENDED USE BY SPECIAL
REVIEW PERMIT(FORMERLY USR-1664)FOR AN OIL AND GAS PRODUCTION
FACILITY IN A PUD(PLANNED UNIT DEVELOPMENT)ZONE DISTRICT WITH E
(ESTATE), C-1, C-2 (COMMERCIAL), R-1, R-2, R-3 AND R-4 (RESIDENTIAL)
ZONE DISTRICTS.
LEGAL DESCRIPTION: PART SE4 SECTION 25, T3N, R68W OF THE 6th P.M., WELD COUNTY,
COLORADO.
LOCATION: WEST OF AND ADJACENT TO CR 13; NORTH OF AND ADJACENT TO CR 28.
Kim Ogle, Planning Services, stated that the applicants are requesting a continuance of this case until June 5,
2012 to obtain a signed Surface Use Agreement for a horizontal well to be located within the Bayshore PUD.
Staff is in support of this request.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
Robed Grand moved that Case USR11-0030, be continued until the June 5, 2012 Planning Commission
hearing, seconded by Jason Maxey. Motion carried unanimously.
CASE NUMBER: USR11-0023
APPLICANT: ADOLPH &JOHN TREVINO
PLANNER: CHRIS GATHMAN
REQUEST: 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, 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 (STORAGE OF UP TO 30 TRAILERS AND 25 TRUCKS ALONG
WITH A FUTURE SHOP ASSOCIATED WITH ATRUCKING BUSINESS)IN THE A
(AGRICULTURAL)ZONE DISTRICT.
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LEGAL DESCRIPTION: LOT A REC EXEMPT RE-2341; PART NE4 SECTION 30, T4N, R65W OF THE
6TH P.M.,WELD COUNTY, COLORADO.
• LOCATION: SOUTH OF CR 42;WEST OF AND ADJACENT TO CR 39.
Chris Gathman, Planning Services, stated that the proposed use involves the storage of trucks and equipment
associated with hauling of crops and agricultural related products such as hay, onions, silage and sugar beets.
The site is located on an 11 acre parcel that is partially covered with livestock pens,where vehicle storage is
not occurring. No additional agricultural land will be removed from production.
The site is located in an agricultural area. The site is adjacent to a single family residence immediately to the
west and a single family residence to the east across County Road 39. An existing Use by Special Review
Permit (USR-662 — for a horse boarding and training facility) is located immediately to the south of the
property. Agricultural land and a single family residence are located to the north and northwest of the site.
This application was submitted to address an active Zoning Violation (ZCV10-00140). This violation was
initiated due to the operation of commercial vehicle traffic and storage of vehicles without first completing the
necessary Weld County Zoning Permits. This violation was initiated by staff. The Department of Planning
Services has attached development standards and conditions of approval to ensure compatibility with the
surrounding area such as requiring that the truck and trailer storage area be completely screened from
adjacent properties.
Nine Referrals were sent out and four referral agencies responded with either no comments or approval with
conditions.
The proposed USR is not located within a three-mile municipal referral area or within an Intergovernmental
Agreement(IGA) area.
Mr. Gathman provided an email along with pictures that was received this morning from a surrounding
property owner. In the email some concerns dealt with rotting food, blowing trash and potentially an outhouse
on the property. Ms. Light and Mr. Gathman spoke with the applicant this morning regarding this
• correspondence received today. Mr. Gathman said that the outhouse will need to be removed as it is not an
allowed use. With regard to the food and blowing trash,the applicant indicated that it may have dealt with the
animals that they have on site as some of the food comes in boxes. He added that they discussed how it
needs to be contained on site.
Bill Hall moved to delete Development Standard 17 as it was duplicated, seconded by Robert Grand. Motion
carried.
Heidi Hansen, Public Works, stated that County Road 39 is classified as a collector roadway. In August 2010,
there were 1,111 vehicles on that roadway. The proposed traffic is very minimal. The application states that
there are no onsite workers daily and an average of 1 truck per week may leave the lot. Staff has no concerns
with this request.
Lauren Light, Environmental Health, stated that the applicant said that if portable restrooms are not acceptable
that they would put in a septic system. According to Department Policy, portable toilets are not acceptable for
a permanent use. Ms. Light said that after discussion with the applicant this morning regarding the outhouse,
he stated that he understands that it will need to be removed. Central Weld County Water District provides
water to the site.
The applicant indicated that there are some trash cans on site and they intend to take the trash from the trash
cans and bring it to their business in LaSalle to be picked up. Ms. Light stated that is acceptable; however the
trash needs to be contained so it doesn't blow away.
Adolph Trevino, LaSalle CO, stated that he is storing some of their equipment on site. He added that they had
a storage area in Greeley but they had a lot of theft and vandalism so they moved it to this site which is closer
to where they do business in LaSalle.
• Mr. Trevino indicated that they plan to build a house or building in the future. When the building is constructed
they intend to install a septic system.
2
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
• Carson Evans, 19909 CR 30, stated that he lives to the west of the property. He wished to have clarified what
size the property is in acres, how many vehicles can be stored on site and what type of screening would be
acceptable given that the elevation of his property and County Road 39 are higher than the applicant's
property. In addition, he expressed concern regarding the applicants utilizing his access.
Mr. Trevino said that with regard to Mr. Evan's access, it is the lease road for the oil and gas company. When
Mr. Evans purchased his property, Mr.Trevino said they gave him an easement from their property to access
his site which is adjacent to the oil and gas lease road. Mr. Trevino clarified that the majority of the time they
use the access in the middle of the property, but they do use the leased access on occasion to get trucks in
and out sometimes when it is muddy.
Mr. Trevino understands that they will need to provide screening. Mr. Gathman said that it could be trees or
other screening higher than 6 feet. The screening plan will need to be approved by the Department of
Planning Services.
Mr. Gathman said that according to the County Assessor it states that it is 11.08 acres but with the county
right-of-ways and ditch right-of-ways the net acreage is 8.03 acres.
The Chair asked the applicant if he read through the amended Development Standards and Conditions of
Approval and if he is in agreement with those. The applicant replied that he is in agreement.
Mark Lawley moved that Case USR11-0023, 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 Bill Hall.
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, yes;Alexander Zauder,yes;Jason Maxey,yes;
Benjamin Hansford, yes; Mark Lawley, yes; Tom Holton, yes. Motion carried unanimously.
CASE NUMBER: USR11-0027
APPLICANT: M&M EXCAVATION COMPANY
PLANNER: CHRIS GATHMAN
REQUEST: 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, 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 (OFFICE/REPAIR SHOP WITH OUTDOOR
VEHICLE/EQUIPMENT STORAGE AND VEHICLE STAGING AREA ASSOCIATED
WITH AN EXCAVATION BUSINESS) IN THE A (AGRICULTURAL) ZONE
DISTRICT.
LEGAL DESCRIPTION: LOT B REC EXEMPT RE-4762; E2NW4 SECTION 17, T5N, R64W OF THE 6TH
P.M., WELD COUNTY, COLORADO.
LOCATION: SOUTH OF AND ADJACENT TO CR 58AND '% MILE EAST OF CR 51.
Chris Gathman, Planning Services, stated that the applicant proposes to construct a new building containing a
shop and office for their excavation business. Two 8,000 gallon fuel tanks are also proposed to be installed
onsite along with ten (10) truck parking spaces and a proposed heavy equipment staging area.
Eleven Referrals were sent out and ten referrals were received and either indicated no conflict with their
interests or approval with conditions.
The proposed site is located in an agricultural area one mile north of the Town of Kersey. There are three(3)
single-family residences located approximately 700-feet to the west, 400-feet to the north,and 350-feet to the
• east of the proposed USR site. A USR for a gravel mining operation(USR-1687)approved in 2009 is located
approximately 1/2 mile to the west. No phone calls, letters or e-mails have been received from surrounding
property owners regarding this case. The Department of Planning Services is requiring that the
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