HomeMy WebLinkAbout20112518.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: 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
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.
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. (Weld County Code Ordinance 2002-6; Weld County Code
Ordinance 2008-13) Section 22-2-20.A A.Goal 1. Respect and encourage the continuation
• of agricultural land uses and agricultural operations for purposes which enhance the
economic health and sustainability of agriculture; Section 22-2-20.6.2. A.Policy 2.2. Allow
commercial and industrial uses,which are directly related to or dependent upon agriculture,
to locate within agricultural areas when the impact to surrounding properties is minimal or
mitigated and where adequate services and infrastructure are currently available or
reasonably obtainable.These commercial and industrial uses should be encouraged to locate
in areas that minimize the removal of agricultural land from production. Section 22-2-20.G.
A.Policy 7.1. County land use regulations should support commercial and industrial uses that
are directly related to, or dependent upon, agriculture, to locate within the agricultural areas,
when the impact to surrounding properties is minimal, or can be mitigated, and where
adequate services are currently available or reasonably obtainable.
Section 22-6-20.A. ECON.Goal 1. Encourage the expansion of existing businesses and the
location of new industries that will provide employment opportunities in the County, and
Section 22-6-20. A. 2. ECON.Policy 1.2. Promote the expansion and diversification of the
commercial economic base to achieve a well-balanced commercial sector in order to provide
a stable tax base and a variety of job opportunities for County citizens.
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 feeding to calves. Dairy Tech equipment improves herd bio-
security by pasteurizing Colostrum, 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 Colostrum.
The manufacturing of the Dairy Tech, Inc. product line occurs within an existing metal
skinned building located on site.
EXHIBIT
11 .jr-T-q° 2011-2518
Resolution USR-1790
Richard Dumm, Jr., &Martie Harrison-Dumm
Page 2
• B. Section 23-2-220.A.2--The proposed use is consistent with the intent of the A(Agricultural)
Zone District. Section 23-3-40.R of the Weld County Code provides for a Site Specific
Development Plan and a Special Review Permit for a Use by Right, an Accessory Use, or a
Use by Special Review in the Commercial or Industrial Zone District (assemble veterinary
and dairy equipment for use on Dairy Farms) in the A(Agricultural) Zone District
C. Section 23-2-220.A.3--The uses which will be permitted will be compatible with the existing
surrounding land uses.
The site is surrounded by agricultural related activities. To the North is a horse training
facility without living quarters on site; 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. A resident farmer is also adjacent to the South. To the West are
pasture lands and hay production activities.
D. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with future
development of the surrounding area as permitted by the existing zoning and with the future
development as projected by Chapter 22 of the Weld County Code and any other applicable
code provisions or ordinances in effect, or the adopted Master Plans of affected
municipalities. The facility is within the three mile referral area for the City of Greeley,Towns
of Eaton and Severance. Each responded with no conflict to their interests.
E. Section 23-2-220.A.5--The application complies with Section 23-5 of the Weld County Code.
Effective April 25, 2011, Building Permits issued on the proposed lots will be required to
adhere to the fee structure of the Weld County Road Impact Program.(Ordinance 2011-2)
• Effective April 25, 2011, Building Permits issued on the proposed lots, will be required to
adhere to the fee structure of the County Facility Fee and Drainage Impact Fee. (Ordinance
2011-2)
F. Section 23-2-220.A.5--The site is not located within a Special Flood Hazard Area(SFHA)as
determined by the Federal Emergency Management Agency (FEMA)
G. Section 23-2-220.A.6 --The applicant has demonstrated a diligent effort to conserve prime
agricultural land in the locational decision for the proposed use. The site is designated as
"Prime" by the USDA Soil Conservation Service. The area utilized for the Special Use Permit
takes out approximately two acres of land that has been taken out of production with a single
family residence and one outbuilding. The current use of the property, including the
agricultural activities are an important part of the proposed use.
H. Section 23-2-220.A.7 -- The Design Standards (Section 23-2-240, Weld County Code),
Operation Standards (Section 23-2-250, Weld County Code), Conditions of Approval and
Development Standards ensure that there are 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:
1. Prior to recording the plat:
A. The plat shall be amended to delineate the following:
• 1) All sheets of the plat shall be labeled USR-1790. (Department of Planning Services)
Resolution USR-1790
Richard Dumm, Jr., & Martie Harrison-Dumm
Page 3
• 2) The plat shall be prepared per Section 23-2-260.D of the Weld County Code.
(Department of Planning Services)
3) The attached Development Standards. (Department of Planning Services)
4) County Road 29 is designated on the Weld County Road Classification Plan as a
local gravel road,which requires 60 feet of right-of-way at full build out.The applicant
shall verify the existing right-of-way and the documents creating the right-of-way and
this information shall be noted on the plat. 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)
5) Please delineate the access on the Special Use Permit(USR)Plat map and label the
access with the approved access permit number AP11-00163. (Department of
Public Works)
6) A graphic key and or symbol serving to identify each component that is located within
the USR Boundary. The key and corresponding component shall be summarized in
tabular format and be clearly delineated on the plat. (Department of Planning
Services)
7) The applicant shall delineate all exterior lights associated with the facility, as
approved by the Department of Planning Services. (Department of Planning
Services)
8) The applicant shall delineate the location any sign associated with this facility, as
approved by the Department of Planning Services. (Department of Planning
• Services)
9) The applicant shall delineate the location of the trash dumpster. (Department of
Planning Services)
B. The applicant shall submit a waste handling plan, for approval, to the Environmental Health
Services Division of the Weld County Department of Public Health& Environment. The plan
shall include at a minimum, the following:
The waste handler and facility where employee waste will be disposed of(including the
facility name, address, and phone number). Written Evidence of such shall be submitted
in writing to the Weld County Department of Planning Services (Environmental Health)
C. The applicant shall submit a Lighting Plan to the Department of Planning Services for review
and approval. At a minimum, information shall be provided concerning lamp type and
construction/ installation of said device. (Department of Planning Services)
D. The applicant shall submit a Sign Plan to the Department of Planning Services for review and
approval. (Department of Planning Services)
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 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)
•
Resolution USR-1790
Richard Dumm, Jr., &Martie Harrison-Dumm
Page 4
• The Department of Planning Services respectively requests the surveyor provide a digital copy of this
Recorded Exemption/Subdivision Exemption/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(ia)co.weld.co.us(Department
of Planning Services)
2. 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 of the Board of County Commissioners
resolution a$50.00 recording continuance charge shall be added for each additional 3 month period.
(Department of Planning Services)
3. 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
Ben Hansford
• 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 September 6, 2011.
Dated the 6th of September, 2011.
�han�rleva0n,
Kristine Ranslem
Secretary
•
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
•
Richard H. Dumm, Jr., and Martie R. Harrison-Dumm
dba Dairy Tech, Inc.
USR-1790
1. The Site Specific Development Plan and a Special Review Permit for any use permitted as a use by
right, an accessory use, or a Use by Special Review in the commercial or industrial zone districts,
provided that the property is not a Lot in an approved or recorded subdivision plat or lots parts of a
map or plan filed prior to adoption of any regulations controlling subdivisions, 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, 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. 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)
4. 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)
5. 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)
6. The applicant shall operate in accordance with the approved "waste handling plan", at all times.
(Department of Public Health and Environment)
7. 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)
8. 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)
9. Adequate drinking, hand washing and toilet facilities shall be provided for employees of the facility,at
all times. (Department of Public Health and Environment)
10. 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)
11. 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)
12. 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. (Department of Public
Health and Environment)
Resolution USR-1790
Richard Dumm, Jr., & Martie Harrison-Dumm
Page 6
• 13. 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)
14. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
(Department of Public Health and Environment)
15. The historical flow patterns and run-off amounts will be maintained on site in such a manner that it will
reasonably preserve the natural character of the area and prevent property damage of the type
generally attributed to run-off rate and velocity increases, diversions,concentration and/or unplanned
ponding of storm run-off. (Department of Public Works)
16. Ingress and egress to the facility shall be from the existing access on County Road 29 as no
additional access will be granted (Department of Public Works)
17. A building permit is required for any future building. Any owner or authorized agent who intends to
construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or
structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas,
mechanical or plumbing system, the installation of which is regulated by the code, or to cause any
such work to be done, shall first make application to the building official and obtain the required
permit. (Building Inspection)
18. Buildings, structures and use shall conform to the requirements of the various codes adopted at the
time of permit application. Currently the following has been adopted by Weld County: 2006
International Building Code;2006 International Mechanical Code; 2006 International Plumbing Code;
2006 International Fuel Gas Code; 2006 International Energy Conservation Code and the 2008
National Electrical Code, 2003 ANSI 117.1 Accessibility and Chapter 29 of the Weld County Code.
(Building Inspection)
• 19. All building plans shall be submitted to the Eaton Fire Protection District for review and approval prior
to issue of building permits. (Eaton Fire Protection District)
20. Hours of operation will be 7:30Am to 5 PM, Monday through Friday as stated in the application
materials. (Department of Planning Services)
21. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code.
22. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250, Weld County Code.
23. Necessary personnel from the Weld County Departments of Planning Services, Public Works, and
Public Health and Environment shall be granted access onto the property at any reasonable time in
order to ensure the activities carried out on the property comply with the Conditions of Approval and
Development Standards stated herein and all applicable Weld County regulations. (Department of
Planning Services)
24. Effective April 25, 2011, Building Permits issued on the proposed lots will be required to adhere to the
fee structure of the Weld County Road Impact Program. (Ordinance 2011-2)
25. Effective April 25,2011, Building Permits issued on the proposed lots,will be required to adhere to the
fee structure of the County Facility Fee and Drainage Impact Fee. (Ordinance 2011-2)
26. Weld County's Right to Farm statement as delineated on this plat shall be recognized at all times.
(Department of Planning Services)
• 27. Signs shall adhere to Article IV, Division 2 of the Weld County Code. These requirements shall apply
to all temporary and permanent signs. (Department of Planning Services)
Resolution USR-1790
Richard Dumm, Jr., & Martie Harrison-Dumm
Page 7
• 28 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.
29 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.
•
•
G (, -,2o ti
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 hearin•,
seconded by Nick Berryman. Motion carried unanimously. EXHIBIT
The Chair read the next case into record.
CASE NUMBER: USR-1790 O
APPLICANT: Richard Dumm, Jr., & Martie Harrison-Dumm
PLANNER: Kim Ogle
REQUEST: A Site Specific Development Plan and Use by Special Review permit for any
1
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.
2
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
411 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 Y. 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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