HomeMy WebLinkAbout20111726.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
• Moved by Robert Grand, that the following resolution be introduced for passage by the Weld County Planning
Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER: AmUSR-521
APPLICANT: David Farley Family Trust
PLANNER: Tom Parko
REQUEST: A Site Specific Development Plan and Amended Use by Special Review Permit
for a Use Permitted as a Use by Right, an Accessory Use or Use by Special
Review in the Commercial or Industrial Zone Districts (Farley's Machine Shop,
Airport and Agricultural Crop Spraying Operation) in the A(Agricultural)Zone
District.
LEGAL DESCRIPTION: Part of the E2NW4; Lot A RE-5071, part of W2NE4 and Part of the SW4 All in
Section 23, T3N, R66W of the 6th P.M., Weld County, Colorado.
LOCATION: South of and adjacent to CR 32; approximately 1/4 mile east of CR 33.
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.
B. Section 23-2-220.A.2 --The proposed use is consistent with the intent of the Agricultural(A)
• Zone District.
A.Goal 7. "County land use regulations should protect the individual property owner's right to
request a land use change".
A.Policy 7.2. Non-urban "Conversion of agricultural land to non-urban residential,commercial
and industrial uses should be considered when the subject site is located inside an
Intergovernmental Agreement area, Urban Growth Boundary area, Regional Urbanization
Area or Urban Development Nodes, or where adequate services are currently available or
reasonably obtainable. A municipality's adopted comprehensive plan should be considered,
but should not determine the appropriateness of such conversion".
C. Section 23-2-220.A.3--The uses which will be permitted will be compatible with the existing
surrounding land uses.
D. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with future
development of the surrounding area as permitted by the existing zoning and with the future
development as projected by Chapter 22 of the Weld County Code and any other applicable
code provisions or ordinances in effect, or the adopted Master Plans of affected
municipalities.
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)
rEffective April 25, 2011, Building Permits issued on the proposed lots, will be required to
EX IBIT dhere to the fee structure of the County Facility Fee and Drainage Impact Fee. (Ordinance
011-2)
2011-1726
Resolution AmUSR-521
David Farley Family Trust
Page 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.
G. Section 23-2-220.A.7—There is adequate provisions for the protection of health, safety,and
welfare of the inhabitants of the neighborhood and County.
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:
Prior to recording the plat:
A. The plat shall be amended to delineate the following:
1. All sheets of the plat shall be labeled AmUSR-521 (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 32 is designated on the Weld County Road Classification Plan as
collector road, which require 80 feet of right-of-way at full build out. There is
presently 60 feet of right-of-way. 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. This
road is maintained by Weld County. (Department of Public Works)
B. The applicant shall address the requirements (concerns) of Weld County Department of
Building Inspection, as stated in the referral response dated April 26,2011. Evidence of such
shall be submitted in writing to the Weld County Department of Planning Services.
(Department of Building Inspection)
C. The application shall address the requirements(concerns)of Zoning Compliance, as stated
in the referral response dated March 24, 2011. Evidence of such shall be submitted in writing
to the Weld County department of Planning Services. (Department of Planning Services)
D. In the event the applicant intends to utilize the existing septic system at the home, for
business use, the septic system shall be reviewed by a Colorado Registered Professional
Engineer. The review shall consist of observation of the system and a technical review
describing the system's ability to handle the proposed hydraulic load. The review shall be
submitted to the Environmental Health Services Division of the Weld County Department of
Public Health and Environment. In the event the system is found to be inadequately sized or
constructed the system shall be brought into compliance with current Regulations.
Alternately, a new septic system can be installed for office use. Evidence of such shall be
submitted in writing to the Weld County Department of Planning Services. (Department of
Public Health and Environment)
• E. In the event the septic system requires a design capacity of over 2,000 gallons of sewage per
day the applicants shall provide evidence that all requirements of the Water Quality Control
Division (WQCD)of the Colorado Department of Public Health and Environment(specifically
Resolution AmUSR-521
David Farley Family Trust
Page 3
• Policies WQSA-6 and WQSA-8) have been satisfied. Evidence of compliance shall be
provided to the Environmental Health Services Division, Weld County Department of Public
Health and Environment. Alternately, the applicant can provide evidence from the WQCD
that they are not subject to these requirements. (Department of Public Health and
Environment)
F. The applicant shall submit written evidence from the Colorado Division of Water Resources,
demonstrating that the wells are appropriately permitted for the commercial and residential
uses. Evidence of compliance shall be provided to the Environmental Health Services
Division, Weld County Department of Public Health and Environment. (Department of Public
Health and Environment)
G. 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 Environmental Health Services Division, Weld
County Department of Public Health and Environment that the system complies with the
Regulations. (Department of Public Health and Environment)
H. The applicant shall submit evidence of an Underground Injection Control (UIC) Class V
Injection Well permit from the Environmental Protection Agency(EPA)for any large-capacity
septic system (a septic system with the capacity to serve 20 or more persons per day).
Alternately,the applicant can provide evidence from the EPA that they are not subject to the
EPA Class V requirements. Evidence of compliance shall be provided to the Environmental
Health Services Division, Weld County Department of Public Health and Environment.
(Department of Public Health and Environment)
• I. The applicant shall submit evidence of a Colorado Discharge Permit System (CDPS) from
the Water Quality Control Division of the Colorado Department of Health and Environment for
any proposed discharge into State Waterways, if applicable. Evidence of compliance shall be
provided to the Environmental Health Services Division, Weld County Department of Public
Health and Environment. (Department of Public Health and Environment)
J. The applicant shall provide written evidence to the Weld County Department of Public Health
and Environment that the applicant has contacted and/or submitted an application to the
Colorado Department of Agriculture(CDA), Division of Plant Industry. This contact/evidence
shall determine if a license under the Pesticide Applicators'Act as defined under C.R.S. 35-
10-101 through 35-10-128. is required. Alternately, the applicant can provide evidence from
CDA, Division of Plant Industry that they are not subject to these requirements. Evidence
shall be provided to the Environmental Health Services Division,Weld County Department of
Public Health and Environment that the business complies with the Regulations. (Department
of Public Health and Environment)
K. The applicant shall provide evidence to the Department of Planning Services that all
noncommercial junkyard items located on the property are screened from all adjacent
properties and public rights of way, or have been removed from the property. (Department of
Planning Services)
L. The applicant shall submit to the Department of Planning Services with a Screening Plan for
review and approval. (Department of Planning Services)
M. The applicant will utilize the five(5)existing accesses to the property. No additional accesses
will be granted. Please show the locations of the existing accesses on the Plat and label the
accesses with the Access Permit Number. (Department of Public Works)
• N. An existing on-site low point will be used for water quality. Please show and label this area on
the Plat as "Water Quality— No Build or Storage Area". (Department of Public Works)
Resolution AmUSR-521
David Farley Family Trust
Page 4
• 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 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 thirty (30) 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 dhuerter(a.co.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 Jason Maxey.
• 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 June 7, 2011.
Dated the 7th of June, 2011.
c-plt =b(' f GLd
• Kristine Ranslem
Secretary
AMENDED SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
• Melba Farley & David Farley Family Trust
AmUSR-521
1. An Amended 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
Districts (Farley's Machine Shop), Airport & Agricultural Service Establishment (Agricultural Crop
Spraying Operation) in the"A"Agricultural Zone District.
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld
County Code. (Department of Planning Services)
3. The number of on-site employees is listed for each use as follows: Hanger/Warehouse/Storage,
ten (10)employees; Farley's Machine Shop,ten(10)employees; Hangers/Support Buildings,six(6)
employees. (Department of Planning Services)
4. The hours of operations shall be limited from dawn to dusk, Monday-Sunday. (Department of Planning
Services)
5. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act,
30-20-100.5, C.R.S., as amended) shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination. (Department of Public Health and
Environment)
6. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those
wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites
and Facilities Act, 30-20-100.5, C.R.S., as amended. (Department of Public Health and Environment)
• 7. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust,
fugitive particulate emissions, blowing debris, and other potential nuisance conditions. (Department of
Public Health and Environment)
8. The applicant shall operate in accordance with the approved "waste handling plan", at all times.
(Department of Public Health and Environment)
9. Any airplane or equipment washing areas shall capture all effluent and prevent discharges in
accordance with the Rules and Regulations of the Water Quality Control Commission, and the
Environmental Protection Agency. (Department of Public Health and Environment)
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. Sewage disposal for the facility shall be by septic system. Any septic system located on the property
must comply with all provisions of the Weld County Code, pertaining to Individual Sewage Disposal
Systems. (Department of Public Health and Environment)
13. Adequate hand washing and toilet facilities shall be provided for employees and patrons of the facility,
at all times. (Department of Public Health and Environment)
• 14. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
(Department of Public Health and Environment)
Resolution AmUSR-521
David Farley Family Trust
Page 6
• 15. 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). (Department of
Public Health and Environment)
16. The applicant shall comply with all provisions of the State Underground and Above Ground Storage
Tank Regulations. (Department of Public Health and Environment)
17. The applicant shall comply with all provisions of the Pesticide Applicators'Act issued by the Colorado
Department of Agriculture, Division of Plant Industry. (Department of Public Health and Environment)
18. All pesticides, fertilizer, and other potentially hazardous chemicals must be handled in a safe manner
in accordance with product labeling and in a manner that minimizes the release of hazardous air
pollutants(HAP's)and volatile organic compounds(VOC's). All chemicals must be stored secure, on
an impervious surface, and in accordance with manufacturer's recommendations. (Department of
Public Health and Environment)
19. 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)
20. The operation shall comply with all applicable rules and regulations of the Federal Aviation
Administration. (Department of Public Health and Environment)
• 21. Effective April 25, 2011, Building Permits issued on the lot will be required to adhere to the fee
structure of the Weld County Road Impact Program. (Ordinance 2011-2) (Department of Planning
Services)
22. Effective April 25, 2011, 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 2011-2 Section 5-8-40) (Department of Planning Services)
23. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code.
24. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250, Weld County Code.
25. 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)
26. 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)
27. 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 AmUSR-521
David Farley Family Trust
Page 7
• 28. 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.
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.
Resolution AmUSR-521
David Farley Family Trust
Page 8
• 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.
•
•
• The Chair asked the secretary to poll the members of the Planning Commission for their decision. Nick
Berryman,yes; Erich Ehrlich, absent; Robert Grand,yes; Bill Hall,yes;Alexander Zauder,yes;Jason Maxey, ;
Roy Spitzer, absent; Mark Lawley, yes; Tom Holton, yes. Motion carried.
CASE NUMBER: AmUSR-521
APPLICANT: David Farley Family Trust
PLANNER: Tom Parko
REQUEST: A Site Specific Development Plan and Amended Use by Special Review Permit
for a Use Permitted as a Use by Right, an Accessory Use or Use by Special
Review in the Commercial or Industrial Zone Districts(Farley's Machine Shop,
Airport and Agricultural Crop Spraying Operation) in the A (Agricultural)Zone
District.
LEGAL DESCRIPTION: Part of the E2NW4; Lot A RE-5071, part of W2NE4 and Part of the SW4 All in
Section 23,T3N, R66W of the 6th P.M.,Weld County, Colorado.
LOCATION: South of and adjacent to CR 32; approximately 1/4 mile east of CR 33.
Tom Parko, Planning Services, stated that this request is for a Site Specific Development Plan and Amended
Use by Special Review for any use permitted as a Use by Right. Accessory Use or Use by Special Review in
the Commercial or Industrial Zone Districts (Farley's Machine shop), Airport and Agricultural Service
Establishment(Agricultural Crop Spraying Operation) in the A (Agricultural) Zone District.
The owner of record is the David Farley Family Trust. The property was originally approved under USR-521
for an agricultural crop spraying operation and airstrip which was known at the time as the Krugal—Strong
Airport. There are several hangars on the site that are still leased to individuals to house aircraft. The
amendment covers the addition of Farley's machine shop and caretaker residence. The site is surrounded by
dryland pasture with the nearest residence directly to the west. Mrs. Farley currently lives on the property.
The proposed site is located within the three-mile referral area of the Town of Platteville and the Town did not
• respond with a formal referral.
Eleven referral agencies have reviewed this case and five offered comments, some with specific conditions.
There have been no letters or electronic mail received and no telephone calls received for this land use
proposal either for or against. However, please note, that this application is to correct a violation and there are
several conditions of approval (mostly building related) that need to be satisfied prior to recording the plat.
The Department of Planning Services recommends approval of this application with the attached conditions of
approval and development standards.
Commissioner Lawley asked what prompted the amendment. Mr. Parko said that the care taker residence
and the change in the use of the operation as the original USR did not cover Farley's Machine Shop.
Commissioner Hall asked if the residence was there previously. Mr. Parko indicated that the mobile home
was a residence in 1982 and then converted into an office and then now it has changed back into a residence.
Lauren Light, Environmental Health, stated that water is provided by a domestic well and will need to be re-
permitted to serve the mobile home and the business as well. The applicant asked for 26 employees in their
application so if they have 25 employees over a 60 day period that will throw them into State requirements as
stated in Condition of Approval 7. She added that they currently do not have that many employees.
Ms. Light said that there are two septic systems on file. The mobile home has a septic permit designed for an
office of 6 people. There is another system serving the shop which can serve two people. Condition of
Approval 4 states that the applicant can install a new septic system or enlarge the existing system to
accommodate the number of employees onsite. She added that the applicants may have to adhere to the
State permitting requirements if they use over 2000 gallons a day.
Ms. Light stated that in the staff report"Prior to Recording the Plat"is not included and suggested that Health
• Department Conditions of Approval 4 through 10 be placed under"Prior to Recordin• the Plat" as is t •ically
seen in staff reports.
•
t: ,; 3
• The Chair asked Ms. Hansen if Public Works had any conditions that should be placed under "Prior to
Recording the Plat". Ms. Hansen stated that their conditions should be placed under that as well.
Mark Lawley moved that Conditions of Approval 2 through 14 be placed under"Prior to Recording the Plat",
seconded by Bill Hall. Motion carried.
Heidi Hansen, Public Works, stated that County Road 32 is a collector roadway and requires 80 feet of right-
of-way and currently there is 60 feet of right-of-way. There are five(5)existing accesses to the property and
Janet Carter, Traffic Engineer, is working with them on the accesses. The applicants are providing a water
quality depression for stormwater run-off from their site.
Fred Otis, representing the applicants, stated that staff has worked well with them; however they have come to
a couple points where they disagree with staff. Mr. Farley handed out a map identifying the property.
Mr. Otis stated that in 1944 Mr. Krugal bought what is now the Farley property(approximately 440 acres). In
the late 1950's Curtis Strong started an airport(Krugal-Strong Airport Association). If you wanted to fly you
could build yourself a hangar on this property and start flying without having to pay any fees. The existing
buildings were built by individuals and they are still owned by separate individuals. In 1982 USR-521 was
approved. Until recently the property line was straight and the some of those buildings were straddling the
property line. In 2003 Dave Farley had moved his business"Farley's Machine"to this location. In 2008 Dave
Farley passed away; therefore Melba rented the building to Doug Young who continued operating Farley's
Machine. In 2010 a dog wandered off the Farley property and thus started the violation. One of the biggest
issues since starting the process has been to determine what the USR boundary should be because the
previous property boundary didn't include all the buildings. The applicants and Mr. Barclay negotiated the
property line so that all the hangars and buildings are on the property. Now the latest problem is working
through the building permits as some of these buildings predate the Building Code. Mr. Otis stated that they
will be requesting that the building permit issues be brought before the BOCC.
• Staff is requiring an opaque fence, which is identified on the map that was handed out; however Mr. Otis
stated that they cannot find any good reason for installing an opaque fence in that location. He added that he
contacted Mr. Barclay and he also does not want a fence dividing the property. Furthermore, Mr. Otis stated
that the entrance from County Road 32 is the route in which the oil and gas people use to get to the Barclay
property. In addition, you would have to cross the fence three times. Mr. Otis said that they feel the fence is
unnecessary and expensive.
Mr. Otis indicated that the Camp residence will still have a view of the buildings. Commissioner Holton asked
if Mr. Otis talked to Mr. Camp. Mr. Otis replied that he did not.
Commissioner Grand asked why we are requiring an opaque fence. Mr. Parko referred to the Weld County
Code Section 23-2-240 Item 10 regarding buffering and screening. It states that screening may be required in
order to make the determination that the proposed use is compatible with surrounding uses. He added that
when staff reviewed this they looked at what was going on this property and what was going on adjacent to the
site. If the uses were similar in nature, the fencing would probably not be necessary; however this requirement
was to buffer different land uses. Mr. Parko commented that he understands the applicant's concerns of
crossing the fence numerous times and offered to move the fence so that the fence would be outside of the
access road.
Commissioner Holton said that it appears there is no development to the west. Mr. Grand said that he is not
convinced that we need to require any screening since this use and buildings have been here for a long time.
Commissioner Hall concurred with Mr. Grand.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
• Robert Grand moved to delete Condition of Approval 1.F and Development Standard 26, seconded by
Alexander Zauder. Motion carried.
4
• 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 with the
exception of the building permit requirements which they intend to address with the Board of County
Commissioners.
Robert Grand moved that Case AmUSR-521, 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; Erich Ehrlich, absent; Robert Grand,yes; Bill Hall,yes;Alexander Zauder,yes; Jason Maxey,
yes; Roy Spitzer, absent; Mark Lawley, yes; Tom Holton, yes. Motion carried.
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 2:41 p.m.
Respectfully submitted,
k-i- a ir)
Kristine Ranslem
Secretary
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