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BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION EXHIBIT
use.- n41
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Robert Grand, that the following resolution be introduced for passage by the Weld County Planning
Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER: USR-1761
APPLICANT: Bruce&Janet Richard
PLANNER: Kim Ogle
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for a
Commercial Junkyard or Salvage Yard (leasing and sales of vehicles and
equipment, and vehicle service/repair) in the C-3 (Commercial)Zone District.
LEGAL DESCRIPTION: Lot 3,Althen Boyer Subdivision being part of the SW4 of Section 23,Ti N, R68W
of the 6th P.M., Weld County, Colorado.
LOCATION: East of and adjacent to 1-25 Frontage Road and approximately 1/4 mile north of
CR 6.
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:
Section 23-2-220.A.3 of the Weld County states, "That the uses which would be permitted will be
compatible with the existing surrounding land uses."
• 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.
Previously the property was in violation (VI-0500004)due to the presence of a commercial junkyard/salvage
yard without an approved and recorded Use by Special Review permit(USR); however, upon approval from
the Board of County Commissioners, the violation will be closed.
The Planning Commission recommendation for approval is conditional upon the following:
1. Prior to recording the plat:
A. As the applicant intends to utilize the existing septic system and the use exceeds 2 people
per day, 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. Evidence
of their approval shall be submitted to the Department of Planning Services. (Department of
Public Health and Environment)
B. The applicant shall contact the Colorado Department of Transportation and the City and
County of Broomfield concerning access to the realigned Frontage Road at this location.
Written evidence of an approved access permit shall be provided to the Department of
Planning Services. (Department of Planning Services)
• C. The applicant shall provide a Landscape and Screening Plan for review and approval to the
Department of Planning Services. (Department of Planning Services)
D. The applicant shall provide written evidence to the Department of Planning Services that the
proposed commercial facility complies with Section 23-2-260.E.2 (proof of adequate water
supply) of the Weld County Code. (Department of Planning Services)
2011-0259
• Resolution USR-1761
Bruce&Janet Richard
Page 2
E. The application materials do not address property maintenance. The applicant shall submit
written evidence to the Department of Planning Services detailing how the property will be in
compliance with Section 23-3-250.B.7 of the Weld County Code. (Department of Planning
Services)
F. The plat shall be amended to delineate the following:
1. All sheets of the plat shall be labeled USR-1761 (Department of Planning Services)
2. The attached Development Standards. (Department of Planning Services)
3. The approved Landscape and Screening Plan. (Department of Planning Services)
4. Should exterior lighting be a part of this facility, all light standards shall be delineated
in accordance with Section 23-3-250.B.6 of the Weld County Code. (Department of
Planning Services)
5. The location and screening of the dumpster location as outlined in Section 23-3-
250.A.6 of the Weld County Code. (Department of Planning Services)
6. All recorded easements shall be shown and dimensioned on the plan including the
book and reception number, if applicable. (Department of Planning Services)
• 7. The parking area shall be delineated on the plat with at a minimum of fifteen (15)
parking spaces for customers, one of which should meet the intent of the American's
with Disabilities Act, and four (4) for the employees (Department of Planning
Services)
8. The utility and drainage easement located adjacent to the south property line shall
remain clear of all encumbrances. (Department of Planning Services)
9. That portion of a lot in any Commercial Zone District which abuts a public or private
street right of way shall be landscaped for a distance of 10 feet, measured at a right
angle from the lot line towards the interior of the lot, Section 23-3-250.A.5.B of the
Weld County Code. (Department of Planning Services)
G. 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)
H. The applicant shall complete all proposed improvements including those regarding
landscaping, screening, access improvements and parking lot requirements or enter into an
Improvements Agreement according to policy regarding collateral for improvements(access
drive, parking areas, plant materials, fencing, screening, et cetera) and post adequate
collateral for all required materials. 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. (Department of Planning Services)
Provide evidence to the Weld County Department of Public Health & Environment that the
well has been appropriately permitted and installed to provide for potable water and sanitary
use for the facility, or that there is an adequate water supply for the commercial business.
• (Department of Planning Services)
• Resolution USR-1761
Bruce&Janet Richard
Page 3
2 Upon completion of 1. above the applicant shall submit a Mylar plat along with all other documentation
required as Conditions of Approval. The Mylar plat shall be recorded in the office of the Weld County
Clerk and Recorder by Department of Planning Services' Staff. The plat shall be prepared in
accordance with the requirements of Section 23-2-260.D of the Weld County Code. The Mylar plat
and additional requirements shall be submitted within thirty (30) days from the date of the Board of
County Commissioners resolution. The applicant shall be responsible for paying the recording fee.
(Department of Planning Services)
3. The Department of Planning Services respectively requests the surveyor provide a digital copy of this
Use by Special Review. Acceptable CAD formats are.dwg, .dxf, and .dgn (Microstation);acceptable
GIS formats are ArcView shapefiles, Arclnfo Coverages and Arclnfo Export files format type is.e00.
The preferred format for Images is.tif(Group 4). (Group 6 is not acceptable). This digital file may be
sent to maps(eco.weld.co.us (Department of Planning Services)
4. In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005, should the plat not
be recorded within the required sixty (60) days from the date the Board of County Commissioners
approval was signed a $50.00 recording continuance charge may be added for each additional 3
month period. (Department of Planning Services)
5. Prior to the Release of Building Permits:
A. An application and building permit is required for each structure that is constructed or has a
change of use. A plan review is required for each building or structure for which a building
• permit is required. Two complete sets of plans are required when applying for each permit.
Include a Code Analysis Data sheet for the Weld County Building Department for each
structure that requires a permit. Submittal plans shall include a floor plan showing the specific
uses of each area for the building. Plans shall bear the wet stamp of a Colorado Licensed
Architect or Engineer. (Department of Building Inspection)
B. 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; 2008 National Electrical Code; 2006 International Mechanical
Code; 2006 International Plumbing Code: 2006 International Energy Code;2006 International
Fuel Gas Code; 2003 ANSI 117.1 Accessibility Code and Chapter 29 of the Weld County
Code. (Department of Building Inspection)
C. All building plans shall be submitted to the Mountain View Fire Protection District for review
and approval prior to issue of building permits, (Department of Building Inspection)
D. A building permit shall be obtained prior to the construction of any new building.(Department
of Building Inspection)
E. Building height shall be measured in accordance with the 2006 International Building Code
for the purpose of determining the maximum building size and height for various uses and
types of construction and to determine compliance with the Bulk Requirements from Chapter
23 of the Weld County Code. Building height shall be measured in accordance with Chapter
23 of the Weld County Code in order to determine compliance with offset and setback
requirements. Offset and setback requirements are measured to the farthest projection from
the building. (Department of Building Inspection)
• 6. Prior to the issuance of the Certificate of Occupancy:
A. A final inspection of the occupancy will be required by a member of the Mountain View Fire
Protection District. (Mountain View Fire Protection District)
• Resolution USR-1761
Bruce&Janet Richard
Page 4
7. 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
Erich Ehrlich
Roy Spitzer
Mark Lawley
Nick Berryman
Jason Maxey
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioner's for further proceedings.
•
CERTIFICATION OF COPY
I, Kristine Ranslem, Recording Secretary for the Weld County Planning Commission,do hereby certify that the
above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County,
Colorado, adopted on January 4, 2011.
Dated the 4th of January, 2011.
Kristine Ranslem
Secretary
•
SITE SPECIFIC DEVELOPMENT PLAN
• SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
B & J Auto Parts and Service
USR-1761
1. The Site Specific Development Plan and a Special Review Permit for a commercial junkyard or
salvage yard, the leasing and sales of vehicles and equipment, and vehicle service/repair in the C-3
(Commercial) Zone District., as indicated in the application materials on file and subject to the
Development Standards stated hereon. (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. Construction shall be in accordance with the provisions of the International Fire Code, as ratified by
the Weld County Commissioners, and all other applicable codes and ordinances. (Mountain View
Fire Protection District)
4. There is no water supply for fire protection to the site. When the building is enlarged or the use
changes an additional water supply for fire protection may be required. (Mountain View Fire
Protection District)
5. A plan review is required for each building for which a building permit is required. Plans shall include
a floor plan. Plans shall bear the wet stamp of a Colorado registered architect or engineer. Two
complete sets of plans are required when applying for each permit. Building plans shall also be
submitted to Mountain View Fire protection District for their approval. (Department of Building
Inspection)
• 6. 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; 2008 National Electrical Code; 2006 International Mechanical Code; 2006 International
Plumbing Code: 2006 International Energy Code;2006 International Fuel Gas Code; 2003 ANSI
117.1 Accessibility Code and Chapter 29 of the Weld County Code. (Department of Building
Inspection)
7. Building height shall be measured in accordance with the 2006 International Building Code for the
purpose of determining the maximum building size and height for various uses and types of
construction and to determine compliance with the Bulk Requirements from Chapter 23 of the Weld
County Code. Building height shall be measured in accordance with Chapter 23 of the Weld County
Code in order to determine compliance with offset and setback requirements. Offset and setback
requirements are measured to the farthest projection from the building. (Department of Building
Inspection)
8. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-
100.5, C.R.S.) shall be stored and removed for final disposal in a manner that protects against
surface and groundwater contamination. (Department of Public Health and Environment)
9. 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 Waste Disposal Sites and
Facilities Act, 30-20-100.5, C.R.S., as amended. (Department of Public Health and Environment)
10. 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)
• 11. The applicant shall operate in accordance with the approved"waste handling plan". (Department of
Public Health and Environment)
Resolution USR-1761
• Bruce&Janet Richard
Page 6
12. 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)
13. The facility shall adhere to the maximum permissible noise levels allowed in the Industrial Zone
District as delineated in Section 14-9-30 of the Weld County Code. (Department of Public Health and
Environment)
14. Adequate drinking, handwashing and toilet facilities shall be provided for employees and patrons of
the facility. (Department of Public Health and Environment)
15. 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)
16. A permanent, adequate water supply shall be provided for drinking and sanitary purposes. (Well
permit No.15574-F) (Department of Public Health and Environment)
17. All potentially hazardous chemicals must be handled in a safe manner in accordance with product
labeling and in a manner that minimizes the release of hazardous air pollutants(HAP's)and volatile
organic compounds(VOC's). All chemicals must be stored secure,on an impervious surface,and in
accordance with manufacturer's recommendations. (Department of Public Health and Environment)
18. 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. If applicable,the applicant shall obtain a stormwater discharge permit from the Colorado Department
of Public Health & Environment, Water Quality Control Division. (Department of Public Health and
Environment)
20. 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)
21. This application is proposing a well as its source of water. The applicant should be made aware that
while they may be able to obtain a well permit from the Office of the State Engineer, Division of Water
Resources,the quantity of water available for usage may be limited to specific uses, i.e.domestic use
only, etc.Also,the applicant should be made aware that groundwater may not meet all drinking water
standards as defined by the Colorado Department of Public Health and Environment. We strongly
encourage the applicant to test their drinking water prior to consumption and periodically test it over
time. (Department of Public Health and Environment)
22. On-site lighting, including security lighting if applicable shall maintain compliance with Section 23-3-
250.B.6 of the Weld County Code. (Department of Planning Services)
23. Effective January 1, 2003, Building Permits issued on the proposed lots will be required to adhere to
the fee structure of the Weld County Road Impact Program. (Ordinance 2002-11) (Department of
Planning Services)
24. Effective August 1, 2005, Building permits issued on the subject site will be required to adhere to the
fee structure of the Capital Expansion Impact Fee and the Stormwater/Drainage Impact Fee.
(Ordinance 2005-8 Section 5-8-40) (Department of Planning Services)
• 25. The landscaping on site shall be maintained in accordance with the approved Landscape and
Screening Plan. (Department of Planning Services)
Resolution USR-1761
• Bruce&Janet Richard
Page 7
26. 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)
27. Weld County is not responsible for the maintenance of drainage related features. . (Department of
Public Works)
28. This area IS NOT in a Special Flood Hazard Area(SFHA)as determined by the Federal Emergency
Management Agency(FEMA). (Department of Public Works)
29. Geo-Hazard Development Permit number GHDP-20 was developed for this site and must be
referenced for all future building construction, including site grading. (Department of Planning
Services)
30. The site shall be limited to no more than ten (10) employees. (Department of Planning Services)
31. As indicated by the application the hours of operation shall be limited to Monday—Friday 8:30 am to
5:00 pm. (Department of Planning Services)
32. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250, Weld County Code.
• 33. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code.
34. Personnel from the Weld County Government 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
Development Standards stated herein and all applicable Weld County regulations.
35. 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.
36. 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.
37. 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.
•
Resolution USR-1761
Bruce&Janet Richard
Page 8
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.
•
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• partial office; however they have moved most of it out and added that they are working on a new facility to
house their business. Mr. Steely stated that he has had no problems with his neighbors. In addition, he said
that they have submitted the access permit with CDOT.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
The Chair asked the applicant if he read through the Development Standards and Conditions of Approval and
if they are in agreement with those. The applicant replied that he is in agreement.
Commissioner Maxey commented that he has driven past this property many times and it is a very well kept
property. He asked staff what type of screening would be required for the truck parking. Commissioner
Holton said that because the property is so clean that he would rather see some kind of trees or something
instead of a chain link fence.
Robert Grand moved that Case USR-1764, 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 Jason Maxey.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Nick
Berryman,yes; Erich Ehrlich,yes; Robert Grand,yes; Bill Hall, yes with comment;Alexander Zauder, absent;
Jason Maxey, yes; Roy Spitzer, yes; Mark Lawley, yes; Tom Holton, yes. Motion carried unanimously.
Commissioner Hall commented that he drives by the property frequently and complimented Mr.Steely on how
nice the property looks.
The following case was read into record.
• CASE NUMBER: USR-1761
APPLICANT: Bruce&Janet Richard
PLANNER: Kim Ogle
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for a
Commercial Junkyard or Salvage Yard (leasing and sales of vehicles and
equipment, and vehicle service/repair) in the C-3(Commercial)Zone District.
LEGAL DESCRIPTION: Lot 3,Althen Boyer Subdivision being part of the SW4 of Section 23,Ti N, R68W
of the 6th P.M.,Weld County, Colorado.
LOCATION: East of and adjacent to 1-25 Frontage Road and approximately 1/4 mile north of
CR 6.
Kim Ogle, Planning Services, stated that the Department of Planning Services' staff recommends that this
request be denied solely on the referral from the City of Dacono.
Section 19-2-60.B of the Weld County states,"Development outside urban growth area. To the extent legally
possible pursuant to the Plan and the County's land use regulations as described in Section 19-2-50 B above,
the County will disapprove all proposals for Urban Development in areas of the Southern Weld Planning Area
outside the Urban Growth Area. The proposed commercial use is located outside the urban growth area as
defined in Appendix 19-C of the Weld County Code but is located within the Southern Weld Planning Area,
therefore the City of Dacono is on record to recommend denial of the application to operate a commercial
junkyard or salvage yard, including the leasing and sales of vehicles and equipment,and vehicle service/repair
at a location one mile south of the City limits adjacent to the 1-25 corridor which per the City's referral is
perceived as the front door to the City. The City in their referral dated October 14,2010 specifically states"the
application, as submitted,fails to adequately address the associated environmental considerations. The City
of Dacono has significant concerns with environmental containment issues related to Freon recovery(a threat
to the ozone layer), antifreeze recovery(could pollute stormwater runoff)and battery disposal(Lead and acid
could cause groundwater contamination).
• Further, the City feels the proposed land use is inconsistent with the Weld County Comprehensive Plan
guiding principles stating that land use policies have a significant impact on economic conditions in the
4r7 5
•
• County.
Currently the property is in violation due to the presence of a commercial junkyard/salvage yard without first
submitting and completing the necessary Weld County Zoning Permits due to the storage/parking of vehicles
outside of the building. Alternatively, the applicant may restrict his commercial business activities to the
administratively approved Amended Site Plan Review#208 for a Vehicle Repair Shop without outside parking
of vehicles.
The site is surrounding by commercial and agricultural uses to the north, south and east with an elevated
portion of 1-25 adjacent to the west. The proposed facility has similar uses to the adjacent parcels within the
same development.
Eighteen referral agencies reviewed the case; nine agencies offered comment, some with specific conditions.
No letters, electronic mail or telephone calls were received concerning this land use application.
Based on the referral from the City of Dacono, the Planning Department is recommending denial of this
application.
Commissioner Holton asked if referrals were received from the City of Broomfield and the Town of Erie. Mr.
Ogle stated that no referral comments were received from either municipality.
Commissioner Berryman asked how long this site has been operating as a junkyard. Mr. Ogle said that the
applicants were approved for a Site Plan Review several years ago for vehicle maintenance/sales. However,
when repairs were completed the clients didn't always pick up their vehicles in a timely manner and therefore
the site started to accumulate vehicles. No outside storage is allowed in the commercial zone district.
Lauren Light, Environmental Health, stated that water is provided by an industrial well; however the state,
• according to their letter dated October 22, 2010, indicated that the well needs an augmentation plan or a
substitute water supply plan to use it. She added that this is included in Condition of Approval 5.F Prior to
Building Permits and said that it should be moved to 1.1 as she didn't' believe there are any building permits
associated with this request.
Ms. Light stated that there is an existing septic system onsite,which is sized for two employees. Since there
are up to 25 people onsite there is a condition that the septic system will need to be evaluated by an engineer
to ensure that it is large enough.
Ms. Light said that Waste Management picks up the general office waste weekly. Mesa Oil receives the used
oil. There is a floor drain in the building; however the applicant indicated that it drains into a self-contained
vault and Mesa Oil picks up the residuals from that.The metals and car bodies are recycled by All Recycling
Corporation.
Ms. Light stated that the main concern is the permitting of the well. She added that Mr. Ogle mentioned that
the applicant might be receiving a tap from Central Weld County Water District.
Heidi Hansen, Public Works, stated that access is onto the 1-25 Frontage Road,which is controlled by CDOT.
CDOT has indicated that they have no need to re-evaluate this access permit because the traffic volumes are
not proposed to increase with this application. .
Bruce Richard sated that they purchased the property in 1993. Initially they started the business as an auto
repair and late-model automobile recycling. He has been operating this business since 1994. Unfortunately,
with the economy dropping off like it has, they have had to squeeze more out of each car to pay their
expenses and it has resulted with more cars on site.
Mr. Richard stated that they have applied to Left Hand Water for a tap but it could take up to a year to get it.
• He commented that that he has called Dacono and believes he didn't receive due process.
Mr. Richard stated that they have planted 250 trees and the screening is solid in the summer. He said that the
6
• site does not look like a salvage yard.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Donnie Fedders, 1773 E 164'"Place,Thornton, CO stated that he owns property in this subdivision(FUSARO
LLC). He commented that the Richards' and his property have the only required screening in the area. He
added that the Richards adhere to keeping a very clean and tidy place. Up to nine months of the year you
can't tell that there are any cars dismantled because of the amount of trees on the property. They are good
neighbors and likes having them as neighbors.
Commissioner Ehrlich asked when the Intergovernmental Agreement with the South Weld Planning Area was
adopted. Bruce Barker, County Attorney,said that it was adopted around 1995. Commissioner Grand asked
for clarification if the existence of this business predates the Intergovernmental Agreement. Mr. Ogle
responded that he was correct. Commissioner Holton said that this site is an enclave of Broomfield and asked
how the IGA with Dacono affected this application. Mr. Ogle said that the site is located within the three mile
planning area of the Southwest Weld Planning Agreement. According to the Coordinated Planning
Agreement, it states that if it is within the IGA boundary Weld County needs to defer and send the applicant to
the Town for potential annexation. In addition, if the Town recommends denial, staff needs to support that
denial.
Commissioner Holton commented that currently the applicant has four employees. He asked if they wished to
increase the number of employees. The Planning Commission and Staff reviewed the engineer's report
regarding the number of users allowed on the existing septic system. Ms. Light stated that according to the
engineer's evaluation, the existing tank and drainage field system should be able to support the proposed
maximum number of ten persons.
Robert Grand moved to amend Development Standard 30 to ten employees,as indicated in the septic system
• evaluation dated September 22, 2010, seconded by Bill Hall. Motion carried.
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.
Commissioner Lawley commented that the County has IGAs with the communities for a reason and the intent
was to be honored by both parties. Commissioner Holton said he would agree if the site was located within an
enclave of Dacono; however because it is an enclave of Broomfield he feels that Dacono's referral is not very
compelling.
Robert Grand moved that Case USR-1761 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 including the change of moving Condition of Approval 5.F to 1.1,seconded by Bill
Hall.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Nick
Berryman, yes; Erich Ehrlich, yes with comment; Robert Grand, yes with comment; Bill Hall, yes with
comment; Alexander Zauder, absent; Jason Maxey, yes with comment; Roy Spitzer, yes; Mark Lawley, yes
with comment; Tom Holton, yes with comment. Motion carried unanimously.
Commissioner Maxey commented that he drove past the site and it is very well screened.
Commissioner Ehrlich commented that he based his decision off of compatibility. If it was a brand new
application, he would agree with Mr. Lawley in regard to honoring the IGAs with other municipalities.
Commissioner Hall commented that the responsibility of an IGA is that we all operate in a reasonable fashion
and he believes that Dacono has gone beyond the scope of a reasonable fashion.
• Commissioner Grand complimented the applicants for operating a very professional business.
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• Commissioner Lawley echoed Mr. Ehrlich's comments.
Commissioner Holton cited Section 23-2-220.A.3"That the uses which would be permitted will be compatible
with the existing surrounding land uses." He said that the referral response from the City of Dacono regarding
the environmental issues is less than compelling. He added that the Weld County Health Department does a
good job of keeping control of the properties.
The Chair called a recess at 3:07 pm and reconvened the meeting at 3:16 pm.
CASE NUMBER: USR-1762
APPLICANT: Randall&Robin Anders
PLANNER: Kim Ogle
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for 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: Lot A RE-4864, part E2 SE4 Section 19, T2N, R66W of the 6th P.M., Weld
County, Colorado.
LOCATION: West of and adjacent to State Hwy 85; 0.5 miles south of CR 20.
Kim Ogle, Planning Services, stated that the property is not located within an Intergovernmental Agreement
Area but does lie within the three mile referral area for the City of Fort Lupton. The Weld County Department
of Planning Services did not receive a referral from this municipality.
The surrounding property to the north, south, and west are agricultural parcels planted in crop and with single
family homes. East of this site is State Highway 85 that provides separation from Fort Lupton. The Conoco
Pipeline Facility and Renewable Fiber are located adjacent to State Highway 85.
Twelve referral agencies reviewed the case; four agencies offered comments, some with conditions which
• have been incorporated into the staff report. No letters, electronic mail or phone calls have been received
concerning this case.
The Department of Planning Services' staff recommends approval of the application along with the
attached conditions of approval and development standards.
Commissioner Holton thought that the code was changed to allow for an additional dwelling unit and asked
why this request falls under a USR. Mr. Ogle replied that it is because it is for the principle residence on the
property. Currently there is an existing house but the person who lives in that house is a worker associated
with the applicant's operation. The new permit,which allows for the second dwelling for caregivers and family
on the same parcel, do not apply because there is no principle dwelling. The principle dwelling in this case is
for labor help.
Lauren Light, Environmental Health, stated that they have an individual well and it is permitted to serve both
houses. The older house has its own septic system. Ms. Light stated that there are no concerns with this
proposal.
Heidi Hanson, Public Works, stated that access is onto State Highway 85, which is controlled by CDOT. A
new access permit will need to be submitted to CDOT since the existing access is permitted for one(1)single-
family dwelling.
Angela Hauer, 38515 CR 41, stated that she is representing the applicants. She said that the applicants
would like to put the primary residence on this property for their convenience. Mr. Anders stores all of his
implements as well as their crops in the buildings onsite.
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 they read through the Development Standards and Conditions of Approval
and if they are in agreement with those. The applicant replied that they are in agreement.
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