HomeMy WebLinkAbout20110989.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-1773
APPLICANT: Ken Wolf
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 (flooring business), 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 subdivision in the
A (Agricultural)Zone District.
LEGAL DESCRIPTION: Lot A RE-4953;Part SW4 of Section 7,T3N, R68W of the 6th P.M.,Weld County,
Colorado.
LOCATION: East of and adjacent to CR 1; 0.5 miles north of CR 34.
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 with residential development to the South, and West, in Boulder County. 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 indicates that all
components of the flooring business are located within a building, including warehousing and
office space. 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,
(Wolf Flooring) 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 surrounding property to the south and west are in single family residential with Summit
Peak Estates located 600 feet more or less south of the subject property. Single family
residential development is immediately south of the site. Boulder County is to the west and
has single family residential development. Property to the north and east are in Agricultural
production One letter with comments has been received from a surrounding property owner
to the north and west of the property in question with concerns of a commercial strip
development and a decrease in property value. Given the minimal impact of the proposed
business, it is the opinion of this office that the use will be compatible with the surrounding
land uses.
EXHIBIT 2011-0989
5
Resolution USR-1773
Ken Wolf
Page 2
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 Town of Mead and Boulder County. The City of Longmont,
Town of Mead and Boulder County did not respond to the referral request. The surrounding
area is Agricultural in nature with single family residences in the area. 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 January 1, 2003, Building Permits issued on the proposed lots will be required to
adhere to the fee structure of the County Road Impact Program. (Ordinance 2002-11)
Effective August 1, 2005, Building permits issued on the subject site will be required to
adhere to the fee structure of the Capital Expansion Impact Fee. (Ordinance 2005-8, Section
5-8-40)
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 "Irrigated Land Not Prime" on the Farmlands of National
Importance" as delineated on the Important Farmlands of Weld County map, dated 1979.
This size of the parcel (3.0 acres) and the property is currently developed therefore the
proposed USR is not taking any additional Irrigated Land Not Prime 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:
A. All sheets of the plat shall be labeled USR-1773. (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)
Resolution USR-1773
Ken Wolf
Page 3
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. County Road 1 is designated on the Weld County Road Classification Plan as a
collector road, which requires 80 feet of right-of-way at full build out. There is
presently 60 feet of right-of-way. An additional 10 feet shall be delineated on the plat
as future County Road 1 right-of-way.All setbacks shall be measured from the edge
of future right-of-way. 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.
If the right-of-way cannot be verified, it shall be dedicated. This road is maintained
by Weld County. (Department of Public Works)
F. The plat shall delineate the approved Screening Plan. (Department of Planning
Services)
G. The applicant shall delineate and label the"Water Quality Area"as a"Water Quality
— No Build or Storage Area". (Department of Public Works)
H. The applicant shall delineate all exterior lights associated with the business, as
approved by the Department of Planning Services. (Department of Planning
Services)
The applicant shall delineate the location any sign associated with this facility. as
approved by the Department of Planning Services. (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 February 25, 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 Weld County Department of
Environmental Health, as stated in the referral response dated February 28,2011. Evidence of such
shall be submitted in writing to the Weld County Department of Planning Services. (Department of
Environmental Health)
4. The applicant shall attempt to address the requirements(concerns)of Mountain View Fire Protection
District, as stated in the referral response dated February 10, 2011. Evidence of such shall be
submitted in writing to the Weld County Department of Planning Services. (Department of Planning
Services)
5. 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)
6. The applicant shall submit a Sign Plan to the Department of Planning Services for review and
approval. (Department of Planning Services)
7. 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
Resolution USR-1773
Ken Wolf
Page 4
all the work has been completed and reviewed by the Department of Planning Services and the
Department of Public Work. (Department of Planning Services)
8. Upon completion of 1-8 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)
9. 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)
10. The Department of Planning Services respectively requests the surveyor provide a digital copy of this
Use by Special Review. Acceptable CAD formats are.dwg, .dxf, and .dgn (Microstation); acceptable
GIS formats are ArcView shapefiles, Arclnfo Coverages and Arclnfo Export files format type is .e00.
The preferred format for Images is .tif(Group 4). (Group 6 is not acceptable). This digital file may be
sent to maps(@co.weld,co.us (Department of Planning Services)
11. 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 April 5, 2011.
Dated the 5th of April, 2011.
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Kristine Ranslem
Secretary
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Ken Wolf dba Wolf Flooring
USR-1773
1. 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, (Wolf
Flooring) 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 on-site employees shall be limited to sixteen (16). (Department of Planning Services)
4. The hours of operations shall be limited to dawn until dusk 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. If applicable, the applicant shall obtain a stormwater discharge permit from the Colorado Department
of Public Health and Environment,Water Quality Control Division. (Department of Public Health and
Environment)
12. 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)
13. 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)
14. 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)
15. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.The facility
shall utilize the existing public water supply. (Long's Peak Water District) (Department of Public
Health and Environment)
Resolution USR-1773
Ken Wolf
Page 6
16. 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)
17. Weld County is not responsible for the maintenance of drainage related features. (Department of
Public Works)
18. A plan review is required for each building for which a building permit is required.Two complete sets
of plans are required when applying for each permit. Include a Code Analysis Data sheet provided by
the Weld County Building Department with each Building permits submittal plans shall include a floor
plan showing the specific uses of each area for the building. The Occupancy Classification will be
determined by Chapter 3 of the 2006 International Building Code. The plans shall also include the
design for fire separation and occupancy separation walls, when required by Chapter 5 and 7 of the
2006 International Building Code. Fire Protection shall conform to Chapter 9 and exiting requirements
by Chapter 10. (Building Inspection)
19. Buildings shall conform to the requirements of the various codes adopted at the time of permit
application. Currently the following has been adopted by Weld County: 2006 International Building
Code; 2006 International Mechanical Code; 2006 International Plumbing Code; 2006 International
Fuel Gas Code;2006 International Energy Conservation Code and the 2008 National Electrical Code
and Chapter 29 of the Weld County Code. (Building Inspection)
20. All building plans shall be submitted to Mountain View Fire Protection District for review and approval
prior to issue of building permits. (Fort Lupton Fire District Fire District)
21. Effective January 1, 2003, Building Permits issued on the lot will be required to adhere to the fee
structure of the Weld County Road Impact Program. (Ordinance 2002-11) (Department of Planning
Services)
22. Effective August 1, 2005, Building permits issued on the subject site will be required to adhere to the
fee structure of the Capital Expansion Impact Fee and the Stormwater/Drainage Impact Fee.
(Ordinance 2005-8 Section 5-8-40) (Department of Planning Services)
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. The Screening on site shall be maintained in accordance with the approved Screening Plan.
(Department of Planning Services)
27. 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)
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. (Department of
Planning Services).
Resolution USR-1773
Ken Wolf
Page 7
29. 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)
30. 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.
31. 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.
32. 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 USR-1773
Ken Wolf
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.
9/60 l/
from his patio which was used in the photo simulation. In addition, he offered him to contact him with any
questions, objections, or problems he had with the application. This morning, Mr. Jacobsen received a 22
page letter addressing a number of items trying to find some form of objection that might cause this to be
delayed. The proposed tower site is quite remote. There are only two or three homes that would be affected
by this tower as far as the view shed. Even though the letter of the law might say that we have to post the site,
every person that would be directly affected was personally contacted by himself or by the County. He
questioned the necessity of the continuance given that all the parties were contacted. Most of the objections
in his letter he addressed with him both professionally and promptly, such as radio frequency safety. He
asked the Planning Commission to think seriously about this continuance as a nuisance suit in as much as all
of the people affected have been contacted.
Commissioner Hall asked the County Attorney if the notification given was proper. Lee Morrison, County
Attorney, indicated that there could be a reasonable argument made that notice was not adequate. He added
that the issue for the applicant is if they want to pursue this in light of the fact that there appears to be a
legitimate argument, not necessarily a clear violation, of the notice requirements.
Mr. Morrison asked if the objector was here. Mr. Gathman said that the objector is not here as he couldn't
make it.
The Chair reminded the Planning Commission that there was a motion to continue Case USR-1776 to the May
3, 2011 and asked the secretary to poll the members of the Planning Commission for their decision. Nick
Berryman,yes; Erich Ehrlich,yes; Robert Grand, yes; Bill Hall,yes;Alexander Zauder,yes;Jason Maxey,yes;
Roy Spitzer, yes; Mark Lawley, yes; Tom Holton, yes. Motion carried unanimously.
The Chair read the next case into record.
CASE NUMBER: USR-1773
APPLICANT: Ken Wolf
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 (flooring business), 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 subdivision in the
A(Agricultural)Zone District.
LEGAL DESCRIPTION: Lot A RE-4953;Part SW4 of Section 7,T3N,R68W of the 6th P.M.,Weld County,
Colorado.
LOCATION: East of and adjacent to CR 1;0.5 miles north of CR 34.
Kim Ogle, Planning Services, stated that the property is not located within an Intergovernmental Agreement
area but does lie within the three mile referral area for the Town of Mead, Boulder County, and the City of
Longmont. The Town of Mead and Bounder County did not respond to the referral request.
Surrounding property to the south and west are single family residential units within Summit Peak Estates.
The property to the north and east are in agricultural production. One letter with comments was received from
a surrounding property owner with concerns about a commercial strip development at this site and a decrease
in property value. Given the minimal impact to the proposed business, it is the opinion of the Department of
Planning Services that the use is compatible to surrounding land uses.
Eleven referral agencies reviewed this case;four agencies offered comments, some with specific conditions.
The Department of Planning Services is recommending approval of the application along with the attached
conditions of approval and development standards.
Mary Evett, Environmental Health, stated that water is provided by Longs Peak Water District. Documentation
was received from Longs Peak Water District that the existing water tap is adequate to serve the business.
There is an existing home on the property and is served by a septic system sized for three bedrooms. There
is an office in the home which is used by the employees. There are also drivers and installers that come to the
site which must have access to potable water,toilets and hand wash facilities. The existing system will require
EwIt 2
an evaluation by an engineer for the employees. The applicant submitted a Waste Handling Plan and Dust
Abatement Plan in which both have been found to be adequate.
Heidi Hansen, Public Works, stated that County Road 1 is classified a collector roadway requiring 80 feet of
right-of-way at build-out;currently there is 60 feet of right-of-way. In February 2010 there were 1,811 vehicles
per day on that road. The applicant will be using the existing access and added that it is a low impact use.
The applicant has provided a water quality depression to control stormwater runoff.
Ken Wolf, 16882 CR 1, Longmont, CO, stated that he does floor covering and installation only. He added that
he stores the carpet and pad and his employees load the carpet and go to the job site. Mr. Wolf commented
that with the proposed addition, he wishes to store more carpet.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
Mr. Ogle stated that staff would like to request deletion of Condition of Approval 4 since all of the material will
be stored in an existing building or new building to be constructed.
Roy Spitzer moved to delete Condition of Approval 4, seconded by Mark Lawley. Motion carried.
Mr. Ogle added that they would like to request amending Development Standard 4 to read "The hours of
operation shall be limited to dawn until dusk Monday—Friday".
Roy Spitzer moved to amend Development Standard 4 as stated by Staff, seconded by Alexander Zauder.
Motion carried.
The Chair asked the applicant if he read through the amended Development Standards and Conditions of
Approval and if they are in agreement with those. The applicant replied that he is in agreement.
Robert Grand moved that Case USR-1773 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,yes; Robert Grand,yes; Bill Hall,yes;Alexander Zauder,yes;Jason Maxey,yes;
Roy Spitzer, yes; Mark Lawley, yes; Tom Holton, yes. Motion carried unanimously.
The Chair read the following case into record.
CASE NUMBER: USR-1774
APPLICANT: Robert&Mary Stahl
PLANNER: Kim Ogle
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for a Winery
in the A(Agricultural)Zone District.
LEGAL DESCRIPTION: Part of Lot 5, West of River, Lupton Division 1, being part of the NW4SW4 of
Section 18,T2N, R66W of the 6th P.M., Weld County, Colorado.
LOCATION: 0.5 miles north of CR 20 Section Line; east of and adjacent to CR 25.
Kim Ogle, Planning Services, stated that the proposed facility is within the three mile referral area for the City
of Ft. Lupton. The City of Ft. Lupton, in their referral dated March 7,2011, responded that there is no conflict
with their interests.
The applicant is proposing a Winery with existing vineyards and tasting room to educate the public on the
wine-making process. The activity of growing grapes is directly related to the existing agriculture on the
property with the new winery/tasting room building being a natural extension of the vineyard. The vines are
grown on well drained soils from post mining reclamation. Water for irrigating the vineyard is by senior water
right and a non-tributary well that is both permitted and decreed. The portion that is not pumped is banked for
future use.
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