HomeMy WebLinkAbout20112467 SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, September 6, 2011
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
Tom Holton
Mark Lawley
Nick Berryman
Robert Grand
Bill Hall
Benjamin Hansford
Alexander Zauder
Jason Maxey
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; Bruce
Barker, County Attorney, and Kris Ranslem, Secretary.
Robert Grand moved to approve the August 2, 2011 Weld County Planning Commission minutes, seconded
by Ben Hansford. Motion carried.
The Chair read the first case into record.
CASE NUMBER: USR-1785
APPLICANT: Doris Cunningham
PLANNER: Chris Gathman
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for any
Use Permitted as a Use by Right,Accessory Use, or 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 part of a map or plan filed
prior to adoption of any regulations controlling subdivisions(oil field products
manufacturing) in the A(Agricultural)Zone District.
LEGAL DESCRIPTION: Lot B of AmRE-991; being part of the NW4SW4 of Section 2,T7N, R66W of
the 6th P.M.,Weld County, Colorado.
LOCATION: East of and adjacent to CR 33; approximately 1/2 mile south of CR 86.
Chris Gathman, Planning Services, stated that the Department of Planning Services is requesting that USR-
1785 be continued to October 4, 2011. The applicant has indicated that they would like to paint oil and gas
equipment on the site and it was not part of the original application. Therefore, staff is requesting additional
time so that referral agencies can review this information. Staff would like to request to continue the case to
the October 4, 2011 Planning Commission hearing date.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
Jason Maxey moved that Case USR-1785 be continued to the October 4,2011 Planning Commission hearing,
seconded by Nick Berryman. Motion carried unanimously.
The Chair read the next case into record.
CASE NUMBER: USR-1790
APPLICANT: Richard Dumm, Jr., & Martie Harrison-Dumm
PLANNER: Kim Ogle
REQUEST: A Site Specific Development Plan and Use by Special Review permit for any
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use permitted as a Use by Right,Accessory Use, or 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 part of a map or plan filed
prior to adoption of any regulations controlling subdivisions, more specifically
defined as the fabrication of pasteurizers that are used to pasteurize milk on a
dairy farm for feeding to calves in the A(Agricultural)Zone District.
LEGAL DESCRIPTION: Lot B RE-4272; being part of the NW4 of Section 9, T6N, R66W of the 6th
P.M., Weld County, Colorado.
LOCATION: South of CR 72; east of and adjacent to CR 29.
Kim Ogle, Planning Services, stated that the site is located approximately 700 hundred feet south of County
Road 72,east of and adjacent to County Road 29. The facility is within the three mile referral area for the City
of Greeley, Towns of Eaton and Severance. Each municipality responded with no conflict to their interests.
The applicant is proposing to use the property for the light manufacturing of dairy equipment. The business
located on premises is Dairy Tech, Inc., which specializes in the treatment and health maintenance of dairy
herds. The pasteurizers are the most field tested pasteurizers in the world and have been making them since
1999. The products can be characterized as a machine similar in size to a washing machine that is used to
pasteurize milk on a dairy farm for feed to calves. Dairy Tech equipment improves herd bio-security by
pasteurizing colostrums,waste milk and high SCC milk, leading to a decrease in the number of new infections
due to: Johne's Disease; Mycoplasma; Staph Aureas;Salmonella and Coliforms. In addition to pasteurization,
Dairy Tech specializes in the pasteurized, refrigerated,frozen, reheated and fed all from the same container of
colostrums. The manufacturing of the Dairy Tech, Inc product line occurs within an existing metal skinned
building located on site.
The site is surrounded by agricultural related activities. To the north is a horse training facility;to the east is a
commercial landscaping business including truck and equipment parking;to the south is irrigated farm ground
that is leased by an absentee owner.
Eleven (11) referral agencies have reviewed this case and two (2) offered comments, some with specific
conditions that have been incorporated into this recommendation. Staff has received no letters emails or
telephone inquiries concerning this case.
The Planning Department recommends approval of this application along with the attached conditions of
approval and development standards.
Lauren Light, Environmental Health, stated that water is provided by North Weld County Water District. The
septic system which serves the house is also connected to the shop and is sized for 3 bedrooms, which is
equivalent to 6 people. It will not need an engineered evaluation unless the usage exceeds six (6) people.
According to Development Standard 12, provided by Bruce Barker from a County Commissioner meeting,this
would allow people not to have to do anything to the septic systems until they exceeded the number of people
that could use that system.
The applicant has also submitted a Waste Handling Plan indicating that no waste will be generated; however
staff is requesting contact information of the hauler who picks up the waste from employees, etcetera. Ms.
Light stated that they have no concerns with this request.
Heidi Hansen, Public Works, stated that County Road 29 is classified as a local roadway. In November 2008,
the average daily traffic was 229 vehicles. The applicant will be operating out of the existing structures and
there is no outside storage; therefore no stormwater runoff controls were required.
Richard Dumm, 34824 CR 29, stated that Dairy Tech is a business that they started in 1999 manufacturing
pasteurizers for milk and colostrums that gets fed back to the calves. In addition, they have developed some
small products that also go along with colostrums and milk management on dairy farms.
Commissioner Grand asked how many employees the applicant currently has. Mr. Dumm replied that there
are currently two employees.
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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.
Robert Grand moved that Case USR-1790, be forwarded to the Board of County Commissioners along with
the 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. Nick
Berryman, yes; Robert Grand, yes; Bill Hall, yes; Alexander Zauder, yes; Jason Maxey, yes; Benjamin
Hansford, yes; Mark Lawley, absent; Tom Holton, yet. Motion carried unanimously.
The following case was read into record.
CASE NUMBER: USR-1795
APPLICANT: Mark& Brenda Moser
PLANNER: Chris Gathman
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for a Use
Permitted as a Use by Right, Accessory Use, or Use by Special Review in the
Commercial or Industrial Zone District(construction and welding business)in the
A(Agricultural)Zone District.
LEGAL DESCRIPTION: Lot A of AmRE-1619; being located in part of the NE4 of Section 18,T4N, R65W
of the 6th P.M.,Weld County, Colorado.
LOCATION: South of and adjacent to CR 46; approximately 1/4 mile west of CR 39.
Chris Gathman, Planning Services, stated that this request is to correct a zoning violation (ZCV11-00019)for
the presence of a commercial business without first obtaining the necessary Weld County Zoning Permits.
The proposed use is located immediately adjacent to agricultural outbuildings to the east and is located
approximately 1/8 of a mile west of two existing single-family residences. Agricultural cropland is located
immediately to the north and south of the site.
Ten (10) referrals were sent out in regards to this case. Six (6) referrals were received either indicating no
conflicts with their interests or have been addressed as conditions of approval and/or development standards.
This site is located within the three-mile referral area for the City of Evans and the Town of La Salle. No
referral response has been received from City of Evans or the Town of La Salle.
A letter was received from a surrounding property owner approximately 500-feet to the west of the site. The
letter expresses concerns regarding the impact of traffic on road conditions(County Road 46 is a narrow road)
and the potential safety complications with a dangerous sharp turn % mile to the west of the site. Concerns
were also expressed regarding the impacts of noise and odors associated with the operation.
Additionally, another letter was submitted on September 2, 2011 expressing concerns with traffic, dust, and
some potential burning of trash on the property.
The site is screened by an existing 6-foot opaque fence on the north, west and east sides of the site.
According to the application materials(traffic narrative),delivery and pick up at the site will be limited to 10-15
flat bed trucks per week and 5 semi-trucks per week along with 15-20 pickups and cars per day for
employees. The application states that employees are instructed to enter and exit the site from the east from
County Road 39. There are no residences between County Road 39 and this property.
The Department of Public Works is requiring a Road Maintenance Agreement with a provision that dust
mitigation will be required if the County determines it to be a problem and the agreement will also detail the
approved haul route east of County Road 39. Also, the Department of Public Works has proposed
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development standard #5 which states that "All commercial vehicles shall use the approved haul route
accessing the site from the east."
Additionally, there are a number of conditions of approval and development standards proposed to address
the impacts of this use. Planning staff is requiring that a screening plan and a lighting plan be submitted for
review and approved. Per Development Standard#10, the proposed facility will be required to operate under
the Commercial Zone noise standards(55 decibels from 7 AM to 9 PM and 50 decibels from 9 PM to 7 AM).
The Department of Planning Services recommends approval of this application with the attached development
standards and conditions of approval.
Heidi Hansen, Public Works, stated that County Road 46 is classified as a local roadway requiring 60 feet of
right-of-way, which is existing. In October 2006, 67 vehicles per day was the average daily traffic on that
roadway. In addressing concerns from surrounding property owners, the applicant has agreed to specify a
haul route for commercial vehicles coming to and from the site. The large trucks will be instructed to access
the site from the east to address safety concerns due to the curves in the road going west. The applicant has
also agreed to a Road Maintenance Agreement that would require dust control if it became a problem.
Lauren Light, Environmental Health, stated that water is provided by Central Weld County Water District.
There are three (3) septic systems on the property. One system is for the house which is sized for three
bedrooms and then each shop has a septic system which is sized for 8 workers plus 8 drivers for each shop,
totaling 16 drivers and 16 workers.
The applicant has submitted a Dust Abatement Plan and Waste Handling Plans. No air emissions permit is
required as long as they don't use lead in their welding. One of the letters from an adjoining property noticed
burning on site. Ms. Light stated that no burning is allowed on site without burn permits. She added that a
development standard can be added that states, "No open burning is allowed on site."
Tim Naylor,AGPROfessionals,4350 State Hwy 66, Longmont, CO,stated that the applicant is requesting an
approval for an existing construction welding business. This proposal is to utilize the buildings as a metal and
steel fabrication shop for various agricultural and oil and gas service equipment. The remainder of the facility
will be used to store equipment, raw materials,and finished products. This site will not be used as a retail site
for public access or purchasing.
The main entrance is onto County Road 46. This is a very clean, well maintained facility. There will be
approximately 1 semi-trailer per day and 2 to 3 flatbed trucks per day and 15 to 20 pickup trucks and cars per
day. FM Construction is requesting that multi-axle trucks enter and exit to the east and use County Road 39
whenever possible.
Mr. Naylor said that they believe they have met the standards and respectfully request approval and positive
recommendation to the Board of County Commissioners.
Commissioner Grand asked what the employee count is now and in the future. Mr. Naylor said that they
anticipate that they are at the peak of their employment currently,which is approximately 15 to 20 employees.
Another 16 off site employees access the site as well.
Commissioner Berryman asked if he had any comment in regard to the burning in the surrounding property
owner letter. Mr. Naylor said that he talked with the applicant and he indicated that they had burned some
cardboard; however he understands the requirements of obtaining the burn permit.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Judy Noel stated that she lives immediately west of the property. She stated that she doesn't want to stand in
the way of progress but feels that she is being run over by an industrial complex. She added that she won't
fight the applicant as long as there is accountability, in terms of traffic control and waste disposal. She is
concerned with the burning that is going on. She also expressed concerned over some rumors in regard to
some of the labor being performed by community corrections. She asked that this be answered and clarified
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as she approves of the corrections program; however it makes her uncomfortable to know that they may be
observing the activity on her property.
Doug Prince, 22357 CR 37, stated that he lives to the west at the intersection of County Roads 46 and 37 and
is concerned with the high speed traffic. He believes it is a safety issue.
Commissioner Hansford asked if this stretch of road is a problem with general traffic or only with the applicant.
Mr. Prince stated that it is only with the applicant's traffic.
Commissioner Holton asked if they employ from the community corrections program. Mr. Naylor replied yes
and added that they are never left unattended.
Mr. Naylor said that the applicant drives a truck that says FM Construction on it and if he leaves in the
afternoon for a personal errand he shouldn't be required to drive east to County Road 39. Therefore to say
that all commercial vehicles must travel east limits him to his personal rights and they recommend that multi-
axle vehicles not be allowed to go west due to the curves. Because of this, Mr. Naylor requested to amend
Development Standard 5 by adding "multi-axle" after"All".
Commissioner Maxey clarified that the proposal is to have only the 1 semi-tractor per day go to the east out of
all the traffic. Mr. Naylor said that was correct but that they could ask the majority of the traffic to go to the
east. The commissioners didn't wish to change the development standard.
Mr. Naylor asked to amend Development Standard 3 regarding the number of employees. He stated that
Development Standards 14 through 17 address having adequate drinking, handwashing and toilet facilities.
Development Standard 3 limits the facility's ability to grow economically and would like to amend it so that
additional employees can be added. Mr. Maxey asked if the language from the previous case could be used
which allows the current usage according to the number of employees. Ms. Light said that it could be added;
however as it currently is stated the septic is adequate for the number of employees.
Ms. Light stated that the language states"The number of on-site employees shall be commensurate with the
number of persons which the septic system may accommodate in accordance with the requirements of the
Weld County Code, pertaining to Individual Sewage Disposal Systems (I.S.D.S) Regulations."
Ms. Light noted that adding this development standard would address the load on the septic system but would
not address other impacts such as traffic that could occur with an increase in use of the site.
Bill Hall moved to delete Development Standard 3 and add a new Development Standard with the language
provided by staff, seconded by Jason Maxey. Motion carried.
Commissioner Holton expressed concern over the burning of trash. Alexander Zauder moved to add a
Development Standard which states "There will be no open burning on the property", seconded by Ben
Hansford. Motion carried.
The Chair asked the applicant if they have read through the amended Development Standards and Conditions
of Approval and if they are in agreement with those. The applicant replied that they are in agreement.
Robert Grand moved that Case USR-1795, 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. Nick
Berryman, yes; Robert Grand, yes; Bill Hall, yes; Alexander Zauder, yes; Jason Maxey, yes; Benjamin
Hansford, yes; Mark Lawley, absent; Tom Holton, yes. Motion carried unanimously.
The Chair called a recess at 2:40 pm and reconvened at 2:45 pm. He read the following case into record.
CASE NUMBER: USR-1786
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APPLICANT: Equus Farms, Inc.
PLANNER: Tom Parko
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for a Golf Course,
Shooting Range, Guest Farm and Hunting Lodge,and one(1)Single-Family dwelling
Unit per lot, other than those permitted under Section 23-3-20.A of the Weld County
Code in the A(Agricultural)Zone District.
LEGAL DESCRIPTION: All of Section 18,T4N,R61 W;Part of the N252/S2NE4/SE4NW4 and Part of the E2 of
Section 13,T4N, R62W of the 6th P.M., Weld County, Colorado.
LOCATION: West of and adjacent to CR 87; approximately 1/4 mile south of CR 44.5.
Tom Parko, Planning Services, stated that the site is located east of County Road 87 and approximately 2
miles north of State Highway 34. For the purposes of this application the boundary is approximately 938 acres
situated on four (4) parcels. The USR is not part of a platted county subdivision or recorded exemption.
The owner of record is Equus Farms. The amenities on the property include a private golf course, shooting
range, hunting lodge and multiple dwellings. All of these uses require a Use by Special Review under Chapter
23 Article 3 Division 1 of the Weld County Code.
The proposed site is not located within any three mile referral area of a Town or City.
Eleven referral agencies have reviewed this case and five offered comments, some with specific conditions.
There has been no correspondence received either for or against this proposal.
The Department of Planning Services recommends approval of this application with the attached conditions of
approval and development standards.
Don Carroll, Public Works, stated that the access is from County Road 87,which is a local gravel road. The
road into the facility is private and Weld County does not maintain that road. The parking and circulation on
site is adequate. The facility is located within the floodplain; however the applicant has acquired the adequate
permits. He added that they have no concerns with this request.
Mary Evett, Environmental Health, stated that the facility is served by a domestic well and the applicant is in
the process of re-permitting their well to an exempt well through the Division of Water Resources. There is an
existing septic system that is designed and permitted for 33 bedrooms and has State approval due to its
capacity of greater than 2000 gallons per day. According to the applicant, they have submitted a Class V
Injection Well Inventory Form into the EPA and are awaiting approval.
There was a Development Standard inadvertently omitted in regard to if the well serves greater than 25
persons. Ms. Evett recommended adding a Development Standard that states"In the event the facility's water
system serves more than 25 persons on a daily basis the water system shall comply with the Colorado
Primary Drinking Water Regulations (5 CCR 1003-1). Evidence shall be provided to the Weld County
Department of Public Health and Environment that the system complies with the Regulations."
In addition, Development Standard 13 needs to be amended to read"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, and the Colorado Department of Public
Health & Environment Regulation 22 (Domestic Wastewater Treatment Works)."
Bill Hall moved to add a new Development Standard provided by staff and amend Development Standard 13
along with Staffs recommendation, seconded by Robert Grand. Motion carried.
Mike Johnson, 37139 Hwy 34, Manager of Equus Farms, stated that they are a cattle operation and farm. He
added that the area in question for the USR is where the owner has his home.
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 amended Development Standards and Conditions of
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Approval and if they are in agreement with those. The applicant replied that he is in agreement.
Jason Maxey moved that Case USR-1786, 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. Nick
Berryman, yes; Robert Grand, yes; Bill Hall, yes; Alexander Zauder, yes; Jason Maxey, yes; Benjamin
Hansford, yes; Mark Lawley, absent; Tom Holton, yes. Motion carried unanimously.
The Chair read the next case into record.
CASE NUMBER: AmUSR-1251
APPLICANT: Pat&Amanda Weakland
PLANNER: Kim Ogle
REQUEST: A Site Specific Development Plan and Amended Use by Special Review Permit for a
Commercial Greenhouse/Garden Center,dba The Windsor Gardener,and a Brewery
in the A(Agricultural)Zone District.
LEGAL DESCRIPTION: Lot B of RE-1425;being part of the E2SW4 of Section 18,T6N, R67W of the 6th P.M.,
Weld County, Colorado.
LOCATION: North of and adjacent to State Highway 392; west of and adjacent to 171h Street,
Windsor, Colorado.
Kim Ogle, Planning Services, stated that the facility is outside of the urban growth boundary for the Town of
Windsor,yet within the three-mile referral area,who responded to the referral dated August 4,2011 stating the
property is located within the Town's Growth Management Area and is contiguous to the Town's corporate
limits along the eastern property line. The Town's land use map delineates this parcel as single family
residential, parks, open space, mineral extraction and floodplain. Further,the property is located in the Town's
Main Street Commercial Corridor and the adjacent parcels to the east are zoned commercial. The referral
recommends that the applicant submit a petition for annexation.
The applicant is proposing to amend the current land use permit USR-1251 for the Windsor Gardener that
was approved by the Board of County Commissioners on January 26,2000 for a commercial greenhouse and
garden center. The applicant is proposing to amend the existing permit to include a brewery, a tasting room
an outside patio overlooking the hops farm to the west. In 2007 a hop farm was established west of the
garden center. This hop farm is the first on the Front Range and one of the first in Colorado. The activity of
growing hops is directly related to the existing agriculture on the property with the new brewery and tasting
room building being a natural extension of the garden center and hop farm. Water for irrigating the farm is
from the Cache La Poudre Irrigation Ditch No. 2 and a one-third share of an irrigation well. The brewery
promotes the diversification of agriculture in the County.
The site is surrounded by limited development. The property under review here is presently the Windsor
Gardener and the proposed High Hops Brewery; the property to the south was mined by Hall-Irwin. The land
on the west is in the floodplain with a residential structure to the north. Agricultural and residential lands are
adjacent to the north, and to the east, the Town of Windsor, and a commercial development yet to be
constructed.
Sixteen (16) referral agencies have reviewed this case and nine offered comments, some with specific
conditions that have been incorporated into this recommendation. Staff has received no letters, emails, or
telephone inquiries concerning this case.
The Planning Department recommends approval of this application with the attached conditions of approval
and development standards.
Don Carroll, Public Works, stated that the access will be from 171h Street which has been annexed and is
under the control of the Town of Windsor. The applicant is using the existing paved parking area by the
Garden Center. Staff did request that they identify overflow parking,which is proposed to be a gravel surfaced
area. The majority of the site is located within the 100 year floodplain of the Cache La Poudre River.
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Mary Evett, Environmental Health,stated that water for the facility is provided by the Town of Windsor. There
is an existing septic system that serves the greenhouse and Garden Center and it was permitted for
employees and occasional customers. The existing septic system will require an evaluation by an engineer to
determine if it is adequate for the brewery operation. If it is found to be inadequate they may install a separate
system for the brewery which will require an engineered design. If the designed capacity of the septic systems
is greater than 2000 gallons per day then they would be required to obtain State approval for the septic
systems. Also, if the septic system serves greater than 20 persons per day approval from the EPA for a Class
V Injection Well will be required.
There is an existing home served by a septic system; however the Health Department does not show a permit
on file. Therefore they are asking the applicant to submit a Statement of Existing for that residential system.
The applicant mentioned that processed wastewater from the brewery operations will be contained and hauled
to either A-1 Organics in Eaton or the City of Fort Collins Wastewater Treatment Plant. They do have plans in
the future to recycle the processed wastewater to irrigate their hops field. The applicant will need to contact
the State Water Quality Control Division regarding approval of this discharge. Ms. Evett stated that this is
listed under Condition 1.H; however she would like to suggest moving it to a Development Standard since they
are not doing it initially.
Robert Grand made a motion to move Condition of Approval 1.H to a new Development Standard, seconded
by Bill Hall. Motion carried.
Pat Weakland, Windsor, CO, stated that they are proposing to add a micro brewery in conjunction with the
Windsor Gardener. They have an established hop field and will use the hops in their brewery. This will
showcase and add uniqueness to the brewery and add a new source of economic growth to their Garden
Center and hop farm. They will be adding more employees and providing new jobs by adding a microbrewery
and a warehouse. There will be a serving room within the Garden Center overlooking the hop fields and an
unobstructed view to the west.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Scott Ballstadt, Town of Windsor Planning, 301 Walnut, Windsor, CO, stated that the subject property is
located within the Town's Growth Management Area and the eastern property line is contiguous with the
Town's corporate limits. The micro brewery use is consistent with the Town's adjacent commercial zoning and
the property is already served with Windsor Water and is accessed from 171h Street. That access point has
been planned to align with the future Walmart use that has been approved.
Section 4 of the Town's Comprehensive Plan regarding land use planning includes the following Goal "To
ensure the logical extension of the Town's boundaries so that Windsor may expand in the directed, logical and
fiscally responsible manner." In addition, another Goal includes"Promote the development of Windsor in an
orderly manner that would provide a well-balanced land use pattern which would provide for an efficient and
effective ongoing extension of public services and facilities."
Section 4.C.6 also states that future development should be contiguous to the existing community or to help
ensure that any such areas could be annexed into the future with urban level services. These areas must
have the capability of being easily served by existing facilities.
Mr. Ballstadt stated that the Town of Windsor recognizes that the existing Windsor Gardener facilities were
developed in unincorporated Weld County and acknowledges that proposed brewery improvements should be
consistent with the existing Windsor Gardener improvements. Town staff has met with the applicants on a
couple of occasions. In preliminary discussions with the applicants the Town would like to acknowledge the
existing development and negotiate some relaxed development standards. He added that Staff doesn't have
the authority to relax those requirements so until it can be brought to the Town Board these are just
discussions held with the applicants.
Mr. Ballsadt said that based on the fact that the property is located within the Town's Growth Management
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Area and is contiguous with the Town's corporate limits, the Town of Windsor Planning Commission reviewed
the referral and recommended that the applicants be referred to the Town of Windsor for annexation.
Commissioner Holton asked how far away the sewer line is. Mr. Ballstadt replied that it is located
approximately 600 to 800 feet to the east of 17`"Street. Mr. Holton asked how the Town of Windsor would look
at the existing septic system. Mr. Ballstadt stated that until the existing septic system has been reviewed by
an engineer and they have more information that the Town's Water and Sewer Board could consider they may
elect to allow continued service by the septic system if the County's Health Department approves that permit.
Mr. Weakland said that the existing sewer line is over 1200 feet. He added that they would have to put in a
forced main and that would just get it from the southeast corner of the property to the existing sewer line; it
doesn't bring it from their existing bathrooms to that forced main area and it will be a very expensive venture
going under 171h Street and connecting it to the existing sewer line. Initially when this USR was approved they
were approximately 1 mile away and supplied with water from North Weld County Water District. He added
that when the Walmart development went through the Town of Windsor acquired that land. Because of that
land annexation, the Town of Windsor took over their water supply.
Mr.Weakland said that Mr. Ballstadt has been working very diligently with them to try and make this happen.
However there have been some huge hurdles put in front of them that Mr. Ballstadt can't answer himself and
they have an opportunity to try and make this brewery happen in this short development window in getting
State and Federal licensing for the brewery plus building it. If they try to go through the annexation process,
the minimum time to get this built would be approximately 1 year. He said that the sewer main line would
deplete his funds and the micro brewery would not become a reality.
Mr. Weakland said that right now they have the ability to utilize their property under Weld County's Right to
Farm and they would like to use that to the fullest with this property. They can have chickens and guineas to
eat the grasshoppers and they can use biological control methods to try and limit infestation of different bugs
that can attack the hops and crops. They can grow different crops without having to go through Town
Planning meetings as it is ag use currently. At this point there is no guarantee with the Town of Windsor and
they would like to use the agriculture that exists currently.
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.
Robert Grand moved that Case AmUSR-1251, 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 Jason Maxey.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Nick
Berryman, yes; Robert Grand, yes; Bill Hall, yes; Alexander Zauder, yes; Jason Maxey, yes; Benjamin
Hansford, yes; Mark Lawley, absent; Tom Holton, yes. Motion carried unanimously.
The Chair called a recess at 3:24 pm and reconvened the meeting at 3:32 pm.
CASE NUMBER: Ordinance 2011-9, and Ordinance 2011-10
PRESENTED BY: Tom Parko and Dave Bauer
REQUEST: In the Matter of Repealing and Re-Enacting,with Amendments, Chapter 8 Public
Works and Chapter 23 Zoning, of the Weld County Code.
Tom Parko, Planning Services, stated that last month staff presented some proposed code changes to the
Planning Commission. An additional change is being presented today in regard to cargo containers and
habitation. Staff has been approached with individuals and businesses converting cargo containers into
offices and residential use. This proposed code change would allow individuals to take cargo containers that
have been retrofitted and use them as an office or even for a residential dwelling. Mr. Parko pointed out that
the retrofitted cargo containers would be allowed in a residential zone district as long as it met building codes.
Mr. Grand expressed concern that there may be issues if it is opened to all residential districts and added that
it may be difficult where there are stick built homes and then these containers move in.
9
Robert Grand moved that Ordinance 2011-9, be forwarded to the Board of County Commissioners along with
the Planning Commission's recommendation of approval, seconded by Nick Berryman. Motion carried
unanimously.
Dave Bauer, Public Works, gave a brief presentation on the advantages of a having a good grading plan. Site
changes such as construction grading at a site are already reviewed through the land use review process; but
there are some projects where individuals do not go through the land use process. There are projects that are
not a land use change but there is large construction involved. The grading plan allows the County to review
the work and possibly prevent a problem before it starts.
Mr. Bauer said that when less than 1 acre is disturbed a grading permit will not be required. In addition,
individual home sites, tilled acreage, oil and gas well sites and the mined area in a gravel pit will not be
required to submit a grading permit.
Commissioner Holton asked who decides what the collateral will be. Mr. Bauer said that there are formulas
for different projects but it would be based on the disturbed area and restoration of the disturbed area. Mr.
Holton asked if there would be an appeal process regarding the collateral. Bruce Barker, County Attorney,
said that there are two options. The staff,via the director, makes that determination which is then appealable
to the Board of County Commissioners or it's the Board of County Commissioners that make the
determination as to the amount of sufficient collateral. Mr. Holton said that maybe staff could make the
determination if it is a small amount rather than going to the County Commissioners. Mr. Barker suggested
that staff could make the determination and it would be appealable to the County Commissioners. Mr. Holton
said that he would be in favor of that.
Robert Grand moved that Ordinance 2011-10 be forwarded to the Board of County Commissioners along with
the Planning Commission's recommendation of approval, seconded by Alexander Zauder. Motion carried
unanimously.
The Chair asked the Planning Commission members if there was any new business to discuss. No one had
any further business to discuss.
Meeting adjourned at 4:15 pm.
Respectfully submitted,
4 Y\
Kristine Ranslem
Secretary
10
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