HomeMy WebLinkAbout20112245 BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
• RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Mark Lawley, that the following resolution be introduced for passage by the Weld County Planning
Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUIMBER: USR-1783
APPLICANT: Union Pacific Railroad, Go Jeremy Long
PLANNER: Michelle Martin
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for a Use
Permitted as a Use by Right, an Accessory Use, or a Use by Special Review in
the Commercial or Industrial Zone Districts, (sale of animal feed, pet food,
pinto beans, hay, straw and shavings, cars,trucks,farm equipment,trailers,
campers, RV's, boats, ATVs, motorcycles, sheds,the sale of food from a self-
contained mobile unit and the purchase of metal and aluminum cans from the
public) in the A (Agricultural)Zone District.
LEGAL DESCRIPTION: Union Pacific Railroad Right-of-Way being located in part of the NW4 NW4 of
Section 23, T4N, R66W of the 6th P.M.,Weld County, Colorado.
LOCATION: East of and adjacent to State Hwy 85; South of and adjacent to CR 44.
be recommended favorably to the Board of County Commissioners for the following reasons:
1. The submitted materials are in compliance with the application requirements of Section 23-2-260 of
the Weld County Code.
2. It is the opinion of the Planning Commission that the applicant has shown compliance with Section
23-2-220 of the Weld County Code as follows:
A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other
• applicable code provisions or ordinance in effect.
Section 22-2-150D.A Goal 4 states: "Conversion of agricultural land to nonurban residential,
commercial and industrial uses will be accommodated when the subject site is in an area that
can support such development. Such development shall attempt to be compatible with the
region." Development Standards and Conditions of Approval will ensure that the proposed
use will be compatible with the area. The surrounding property is primarily agricultural in
nature. Section 23-2-240.A.10 of the Weld County Codes states "...that buffering or
screening of the proposed use from adjacent properties may be required in order to make the
determination that the proposed use is compatible with the surrounding uses." The applicant
has screened a portion of the outside storage area along State Hwy 85. As a condition of
approval the applicant will be required to screen the outdoor storage and parking areas
associated with the business from the surrounding property owners and public rights of way.
B. Section 23-2-220.A.2--The proposed use is consistent with the intent of the Agricultural(A)
Zone District. Section 23-3-40.R of the Weld County Code allows for A Site Specific
Development Plan and Special Review Permit for A Use Permitted as a Use by Right, an
Accessory Use, or a Use by Special Review in the Commercial or Industrial Zone Districts,
(retail sale of animal feed, pet food, pinto beans, hay, straw and shavings, cars, trucks,farm
equipment, trailers,campers, RV's, boats,ATV's, motorcycles and sheds and the retail sale
of food from a self contained mobile unit and the purchase of metal and aluminum cans from
the public) in the A (Agricultural) Zone District.
Currently the property is in violation (ZCV10-00098)for the operation of a business without
the necessary land use permits. If the USR is approved and the plat recorded, the violation
will be closed. If denied, the case will continue through the court process.
• C. Section 23-2-220.A.3--The uses which will be permitted will be compatible with the existing
surrounding land uses.
9 T 2011-2245
Resolution USR-1783
Union Pacific Railroad, do Jeremy Long
• Page 2
The surrounding property to the north, south, east and west are zoned Agricultural. No
comments have been received from the surrounding property owners.The Hunt-Wiedeman
PUD to the northwest has Agriculture, C-3 (Business Commercial), and Estate uses.
Therefore, given the minimal impact of the proposed business, the use will be compatible
with the 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.
The property is not located within an Intergovernmental Agreement Area but does lies within
the three mile referral area for the City of Evans, Town of Gilcrest and Town of LaSalle. The
Town of LaSalle stated in their referral dated 5/25/2011 that they have no conflicts with the
proposed development. The City of Evans and the Town of Gilcrest did not respond to the
referral request. The majority of the surrounding area is zoned Agriculture with the Hunt-
Wiedeman PUD to the northwest with Agriculture, C-3 (Business Commercial), and Estate
uses. To the East is Martin Produce Processing and Storage (AMUSR-548) and to the
Northeast is the Martin Bros Migrant Housing(USR-1084). Staff believes that the Conditions
of Approval and Development Standards will ensure that the use will be compatible with
existing surrounding land uses.
E. Section 23-2-220.A.5 -- The application complies with Article V of the Weld County Code.
The existing site is within the County Road Impact Fee Area and the Capital Expansion
• Impact Fee area.
Effective April 25, 2011, Building Permits issued on the proposed lots will be required to
adhere to the fee structure of the Weld County Road Impact Program. (Ordinance 2011-2)
Effective April 25,2011, Building permits issued on the subject site will be required to adhere
to the fee structure of the County Facility Fee and the Drainage Impact Fee. (Ordinance
2011-2)
F. Section 23-2-220.A.6--The applicant has demonstrated a diligent effort to conserve prime
agricultural land in the locational decision for the proposed use.
The subject site is classified as "Prime (Irrigated) Farmlands of National Importance" as
delineated on the Important Farmlands of Weld County map, dated 1979. This size of the
parcel (13 acres) and because the property is currently developed as Railroad right of way
therefore the proposed USR does not take any additional Prime (Irrigated) Farmland out of
production.
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.
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 can
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. The plat shall be amended to delineate the following:
Resolution USR-1783
Union Pacific Railroad, Go Jeremy Long
• Page 3
A. All sheets of the plat shall be labeled USR-1783. (Department of Planning Services)
B. The attached Development Standards. (Department of Planning Services)
C. The plat shall be prepared in accordance with Section 23-2-260.D of the Weld
County Code. (Department of Planning Services)
D. 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)
E. The applicant needs to identify on the plat. The U.S. Highway 85 Access Corridor
Plan as noted."The location at the intersection of U.S. Highway 85 and County Road
44 is identified in the U.S. Highway 85 corridor plan that mile-marker 258.60 has a
high priority. This access currently functions as a full movement, un-signalized
intersection.The angle of the intersection is approximately 50°. Be aware that future
improvements in the way of re-alignment or signalization may impact your parcel".
(Department of Public Works)
F. The plat shall delineate the approved Screening Plan. (Department of Planning
Services)
G. The off-street parking spaces including the access drive shall be surfaced with
• gravel, asphalt, concrete or the equivalent and shall be graded to prevent drainage
problems. (Department of Public Works)
H. The Department of Planning Services has determined from the application materials
that eight(8) parking spaces and one(1)ADA parking space will be required on site.
Each parking space should be equipped with wheel guards where needed to prevent
vehicles from extending beyond the boundaries of the space and from coming into
contact with other vehicles, walls, fences, sidewalks, or plantings. (Department of
Planning Services)
The plat shall show the location of the display area for the following: cars, trucks,
farm equipment, trailers, campers, RV's, boats, ATV's, motorcycles and sheds.
(Department of Planning Services)
J. The plat shall show the location of the following: self contained mobile food unit and
were the metal and aluminum cans are to be recycled. (Department of Planning
Services)
2. The applicant shall address the requirements (concerns) of Weld County Department of Building
Inspection, as stated in the referral response dated 6/16/2011. Evidence of such shall be
submitted in writing to the Weld County Department of Planning Services. (Department of Building
Inspection)
3. The applicant shall address the requirements (concerns) of Western Mutual Ditch Company, as
stated in the referral response dated 6/2/2011. Evidence of such shall be submitted in writing to
the Weld County Department of Planning Services. (Western Mutual Ditch Company)
• 4. The applicant shall submit to the Weld County Department of Planning Services a screening plan for
review and approval. The screening plan shall screen all outdoor storage and parking areas from
adjacent rights of way and surrounding properties. (Department of Planning Services)
Resolution USR-1783
Union Pacific Railroad, c/o Jeremy Long
• Page 4
5. An individual sewage disposal system is required for the proposed facility and shall be installed
according to the Weld County Individual Sewage Disposal Regulations. The septic system is
required to be designed by a Colorado Registered Professional Engineer according to the Weld
County Individual Sewage Disposal Regulations. Evidence of the Department of Public Health and
Environment approval shall be submitted in writing to the Weld County Department of Planning
Services. (Department of Public Health and Environment)
6. The applicant shall enter into a Private Improvements Agreement according to policy regarding
collateral for improvements and post adequate collateral for all transportation (access drive,
parking areas, et cetera) and non-transportation (fencing, screening, drainage et cetera). The
agreement and form of collateral shall be reviewed by County Staff and accepted by the Board of
County Commissioners prior to recording the USR plat. The applicant may submit evidence that
all the work has been completed and reviewed by the Department of Planning Services and the
Department of Public Work. (Department of Planning Services)
7. Upon completion of 1-6 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)
• 8. 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)
9. The Department of Planning Services respectively requests the surveyor provide a digital copy of this
Use by Special Review. Acceptable CAD formats are.dwg, .dxf,and .dgn(Microstation); acceptable
GIS formats are ArcView shapefiles,Arclnfo Coverages and Arclnfo Export files format type is .e00.
The preferred format for Images is.tif(Group 4). (Group 6 is not acceptable). This digital file may be
sent to mapsco.weld.co.us. (Department of Planning Services)
10. 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 Alexander Zauder.
VOTE:
For Passage Against Passage Absent
Robert Grand
Bill Hall
Tom Holton
Alexander Zauder
Benjamin Hansford
Mark Lawley
• Nick Berryman
Jason Maxey
Resolution USR-1783
Union Pacific Railroad, do Jeremy Long
• Page 5
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 August 2, 2011.
Dated the 2n° of August, 2011.
�lA/y�lG�1 EJ afutht v\
Kristine Ranslem
Secretary
•
•
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
• Union Pacific Railroad c/o Jeremy Long
USR-1783
1. A Site Specific Development Plan and Special Review Permit for A Site Specific Development Plan
and Special Review Permit for A Use Permitted as a Use by Right, an Accessory Use, or a Use by
Special Review in the Commercial or Industrial Zone Districts, (retail sale of animal feed, pet food,
pinto beans, hay, straw and shavings, cars, trucks, farm equipment, trailers, campers, RVs, boats,
ATV's, motorcycles and sheds and the retail sale of food from a self contained mobile unit and the
purchase of metal and aluminum cans from the public) in the A (Agricultural) Zone District.
(Department of Planning Services)
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld
County Code. (Department of Planning Services)
3. The number of employees shall be limited to three. (Department of Planning Services)
4. The hours of operations shall be limited to 10:00 am —6:00 pm Monday — Friday. (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. 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)
10. 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)
11. Any vehicle 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)
12. Adequate drinking, handwashing and toilet facilities shall be provided for employees and patrons
of the facility, at all times. (Department of Public Health and Environment)
13. 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)
• 14. A permanent, adequate water supply shall be provided for drinking and sanitary purposes. The
facility shall utilize the existing public water supply. (Central Weld County Water District)
(Department of Public Health and Environment)
Resolution USR-1783
Union Pacific Railroad, do Jeremy Long
Page 7
• 15. The applicant shall comply with Colorado Retail Food Establishment Rules and Regulations
governing the regulation of food service establishments. (Department of Public Health and
Environment)
16. All potentially hazardous chemicals must be stored and 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). (Department of Public Health and
Environment)
17. 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)
18. 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)
19. The facility shall maintain registration as a recycling facility with the Colorado Department of
Public Health and Environment and comply with Section 8 (Recycling) of the Regulations
pertaining to solid waste sites and facilities (6 CCR 1007-2, Part 1). (Department of Public Health
and Environment)
20. 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)
(Department of Planning Services)
21. Effective April 25, 2011, Building permits issued on the subject site will be required to adhere to the
fee structure of the County Facility Fee and the Drainage Impact Fee. (Ordinance 2011-2)
• (Department of Planning Services)
22. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code.
23. The property owner or operator shall be responsible for complying with the Operation Standards
of Section 23-2-250, Weld County Code.
24. 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)
25. The Screening on site shall be maintained in accordance with the approved Screening Plan.
(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. 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)
•
Resolution USR-1783
Union Pacific Railroad, c/o Jeremy Long
Page 8
• 28. The historical flow patterns and runoff amounts will be maintained on site in such a manner that it will
reasonably preserve the natural character of the area and prevent property damage of the type
generally attributed to run-off rate and velocity increases, diversions,concentration and/or unplanned
ponding of storm run-off. (Department of Public Works)
29. Weld County is not responsible for the maintenance of on-site drainage related features.
(Department of Public Works)
30. The applicant must take into consideration storm water capture/quantity and provide accordingly for
best management practices. (Department of Public Works)
31. Off-Street parking spaces including the access drive shall be surfaced with gravel and shall be graded
to prevent drainage problems. (Department of Public Works)
32. At the northeast corner of the property adjacent to the Union Pacific Railroad, the applicant shall
maintain the site distance triangle.Any landscaping or storage of equipment cannot exceed 2'/:feet
high at this location to avoid causing difficult site distance to the south for oncoming train traffic.
(Department of Public Works)
33. 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.
34. 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.
35. 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.
•
Resolution USR-1783
Union Pacific Railroad, c/o Jeremy Long
Page 9
• 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.
•
•
g- a- iI
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
• Tuesday, August 2, 2011
A regular meeting of the Weld County Planning Commission was held in the Weld County Department of
Planning Services, Hearing Room, 918 10th 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
Ben Hansford (--
Alexander Zauder •
Jason Maxey •
Also Present: Michelle Martin, Kim Ogle, Tom Parko and Chris Gathman, Department of Planning Services;
Don Carroll, Department of Public Works;Mary Evett and Troy Swain, Department of Health; Jonathan Gesick
and Frank Piacentino, Building Department; Bruce Barker, County Attorney, and Kris Ranslem, Secretary.
Robert Grand moved to approve the July 12,2010 Weld County Planning Commission minutes, seconded by
Jason Maxey. Motion carried.
Robert Grand moved to nominate Tom Holton to remain as Chair, seconded by Mark Lawley. Motion carried.
Robert Grand moved to nominate Mark Lawley as Vice Chair, seconded by Nick Berryman. Motion carried.
• The Chair read the first case into record.
CASE NUIMBER: USR-1783
APPLICANT: Union Pacific Railroad, c/o Jeremy Long
PLANNER: Michelle Martin
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for a Use
Permitted as a Use by Right, an Accessory Use, or a Use by Special Review in
the Commercial or Industrial Zone Districts, (sale of animal feed, pet food,
pinto beans, hay, straw and shavings, cars,trucks,farm equipment, trailers,
campers, RV's, boats,ATV's, motorcycles, sheds,the sale of food from a self-
contained mobile unit and the purchase of metal and aluminum cans from the
public) in the A(Agricultural)Zone District.
LEGAL DESCRIPTION: Union Pacific Railroad Right-of-Way being located in part of the NW4 NW4 of
Section 23,T4N, R66W of the 6th P.M., Weld County, Colorado.
LOCATION: East of and adjacent to State Hwy 85; South of and adjacent to CR 44.
Michelle Martin, Planning Services, stated that the applicant has applied for a Site Specific Development Plan
and Special Review Permit for A Use Permitted as a Use by Right, an Accessory Use, or a Use by Special
Review in the Commercial or Industrial Zone Districts, (retail sale of animal feed, pet food, pinto beans, hay,
straw and shavings, cars, trucks, farm equipment, trailers, campers, RV's, boats, ATV's, motorcycles and
sheds and the retail sale of food from a self contained mobile unit and the purchase of metal and aluminum
cans from the public) in the A (Agricultural) Zone District
The surrounding property to the north, south,east and west are zoned agricultural. No comments have been
received from the surrounding property owners. The Hunt-Wiedeman PUD to the northwest has Agriculture,
C-3 (Business Commercial), and Estate uses.
• The property is not located within an Intergovernmental Agreement Area but does lie within the three mile
referral area for the City of Evans, Town of Gilcrest and Town of LaSalle. The Town of LaSalle stated in their
referral dated May 25, 2011 that they have no conflicts with the proposed develo.ment. The Ci of Evans and
g- /S- Zof
the Town of Gilcrest did not respond to the referral request. The majority of the surrounding area is zoned
agriculture with the Hunt-Wiedeman PUD to the northwest with Agriculture, C-3(Business Commercial),and
• Estate uses. To the East is Martin Produce Processing and Storage,which is permitted under AMUSR-548,
and to the Northeast is the Martin Bros Migrant Housing, permitted under USR-1084. Staff believes that the
Conditions of Approval and Development Standards will ensure that the use will be compatible with existing
surrounding land uses.
Planning staff is recommending approval of the application along with the conditions of approval and
development standards.
Ms. Martin added that the applicant is leasing the property from Union Pacific Railroad.
Mary Evett, Environmental Health, stated that the Central Weld County Water District provides water;however
there is not a septic system on the property and the applicant is requesting the use of portable toilets. Since
this facility is in operation year round and there are employees and customers at the site the Health
Department requires permanent sewage disposal by a septic system.
A letter was received from Union Pacific Railroad, Rod Peterson Senior Manager, stating that the Railroad
would not be in favor of placing a septic system on this property; however they would allow portable toilets.
Ms. Evett said that she tried contacting Mr. Peterson today; however he is out of the office until Monday. She
added that she contacted another person, Greg Larson, Manager of Real Estate with Union Pacific Railroad
and he indicated that she needed to talk to Rod Peterson. In addition, she researched some businesses that
are located in Union Pacific Railroad leasehold properties and she found a couple businesses that do indeed
have septic systems on the property. Therefore, Condition of Approval 5 requires that a septic system
designed by an engineer be installed on the property.
Ms. Evett recommended that Condition of Approval 6 be deleted as the applicants have provided a Waste
Handling Plan. In addition, the facility is proposing to purchase aluminum cans from the public for recycling
and per Section 8 of the State's regulations pertaining to solid waste sites,this facility is required to register as
• a recycling facility. Therefore she recommended adding a Development Standard 19 and renumber
accordingly in regard registering with the State as a recycling facility.
Jason Maxey moved to delete Condition of Approval 6, seconded by Alexander Zauder. Motion carried.
Jason Maxey moved to add Development Standard 19 and renumber accordingly as recommended by staff,
seconded by Mark Lawley. Motion carried.
Jonathan Gesick, Building Department, stated that he visited the site on two separate occasions. The first
visit was to walk around the exterior of the building and he checked for storage and the condition and shape of
the building. On the second visit he inspected the electrical wiring. He added that there has been wiring done
without a permit. Mr. Gesick stated that he visited with the applicant regarding the requirement of an electrical
permit. A Change of Use Building Permit will be required for the building. The applicant will need to provide
an Engineer's Investigation Letter on the building for the structure and framing. They will also need an
electrical contractor come through and access the wiring for the building. Handicap Accessibility is also
required from the parking lot into the building and to the restrooms as well. There is storage of many different
products in the building, including hay. When storing hay there needs to be a separation and they are asking
that it be shown on the plans as well as all the items that are stored in the building so that they can evaluate it
to see if a firewall may be required.
Don Carroll, Public Works, stated that the access is from State Highway 85 Frontage Road under CDOT
jurisdiction. The applicant will need to provide documentation for verification from CDOT. This location is part
of the U.S. Highway 85 Access Corridor Plan and he wants to make sure that the applicant is aware that
possibly sometime in the future there might be some realignment associated with this intersection. This
location is currently a full-movement intersection and non-signalized. The angle is 50 degrees, which is not a
good angle. We need to make sure that the site triangle is not obstructed by any storage of material.
• Jeremy Long, 16166 CR 44, introduced himself.
Amy Long stated that his son, Jeremy, owns the building but he operates the business in the building together
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with him. Amy said that the septic system is an issue because the Railroad doesn't want anything in the
ground at that area because it is a small narrow area and they don't want any water to be undermining the
• railroad. He added that they indicated that they have other property where there are vaults or portable toilets
and that is what they would prefer to see.
Amy Long said that the building permit could be very costly. He added that he is not clear what the cost is for
the required building permit. The hay can be removed and never stored in there. The building could be used
for private storage only as well. He added that they could utilize a portion of the building as an office for their
business because they do not have many clients that come in the building, possibly 10 people per day. He
added that they lease the property from the railroad but own the building and are stuck with it because their
lease is year to year.
Commissioner Maxey asked how long they have been operating. The Longs answered that they have owned
the building for 12 years but have been operating for the last 5 years.
Mr. Maxey asked if a vault would be acceptable. Ms. Evett said that the letter from the Railroad indicated that
they would not be in favor of a vault. She added that the Health Department allows vaults under temporary
uses, 6 months or less.
Commissioner Lawley asked the applicants if they have talked to the Railroad. Jeremy Long said that he did
talk to the Railroad and because of the angle of the property there is not enough property there to put in a
septic system.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
Commissioner Holton said that it appears that the Railroad is holding up the case with regard to the septic
system as well as having issues with the Building Permit. Ms. Evett indicated that the application stated that
there are 3 employees proposed; therefore it would probably be a small septic system. Mr. Gesick said that
• they need to receive a definite plan from the applicant's on what they propose to store in this building and/or
future plans. He added that the applicant's have suggested many ideas but have not provided a definite plan.
The Chair asked the applicants if they have read through the amended Development Standards and
Conditions of Approval and if they are in agreement with those. The applicants replied that they are in
agreement.
Mark Lawley moved that Case USR-1783, 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 Alexander Zauder.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Nick
Berryman,yes; Robert Grand, yes; Bill Hall, absent;Alexander Zauder,yes;Jason Maxey,yes; Ben Hansford,
yes; Mark Lawley, yes; Tom Holton, yes. Motion carried unanimously.
Commissioner Holton suggested that prior to the Board of County Commissioners hearing,the applicants visit
with the Union Pacific Railroad and Building Department to resolve those issues.
The Chair read the next case into record.
CASE NUMBER: USR-1787
APPLICANT: Dietzler Water Resources Corporation
PLANNER: Kim Ogle
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for Oil
and Gas Support and Service Facility(water supply&storage)in the A
(Agricultural)Zone District.
LEGAL DESCRIPTION: N2NW4 Section 13,T1 ON, R61W of the 6th P.M.,Weld County, Colorado.
LOCATION: South of and adjacent to CR 118; East of and adjacent to CR 95.
Kim Ogle, Planning Services, stated that the request is for a site specific development plan and a special
review permit for oil and gas support and service facility(water supply&storage) in the A(Agricultural)Zone
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