HomeMy WebLinkAbout20102157.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-1744
APPLICANT: Guadalupe, Rose and Jose Chavez
PLANNER: Michelle Martin
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for a
Commercial Junkyard or Salvage Yard in the 1-3 (Industrial)Zone District.
LEGAL DESCRIPTION: Part N2 NE4 NW4 and Part N2 NW4 NE4 all in Section 31, Ti N, R66W of the
6th P.M., Weld County, Colorado.
LOCATION: South of and adjacent to CR 4 and west of and adjacent to State Hwy 85.
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 22-2-80.F. I.GOAL.6 states, "Minimize the incompatibilities that occur between
industrial uses and surrounding properties." The applicant has indicated they will screen the
use from public rights of way and adjacent properties.
• B. Section 23-2-220.A.2 --The proposed use is consistent with the intent of the 1-3 (Industrial)
Zone District. Section 23-3-330.D.3 of the Weld County Code allows for A Site Specific
Development Plan and Special Review Permit for a commercial junkyard or salvage yard in
the 1-3 (Industrial) Zone District.
Currently the property is in violation (VI-0100259)for the operation of a commercial business
without the necessary land use permits. If the USR is approved,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.
The surrounding property to the south and west are zoned Agricultural (A)the property to the
north and east are zoned 1-3(Industrial). The property is located within the three mile referral
area for the cities of Brighton and Fort Lupton and Adams County. The City of Fort Lupton
indicated in their referral dated 4/27/2010 they have no conflicts with the proposed
development. The City of Brighton and Adams County did not respond to the referral
request. No comments have been received from the surrounding property owners and the
applicants have indicated they will continue to screen the property from public rights of way
and surrounding adjacent property owners. Therefore, the impact of the proposed 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.
• EXHIBIT
-
2010-2157
l
Resolution USR-1744
Guadalupe, Rose and Jose Chavez
Page 2
• The property is not located within an Intergovernmental Agreement Area but does lies within
the three mile referral area for the Cities of Brighton and Fort Lupton and Adams County.
The City of Fort Lupton indicated in their referral dated 4/27/2010 they have no conflicts with
the proposed development. The City of Brighton and Adams County did not respond to the
referral request. The surrounding area is a combination of Agricultural and Industrial. 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, the Capital Expansion Impact
Fee area, and the Stormwater/Drainage 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 "Other" as delineated on the Important Farmlands of Weld
County map, dated 1979. This size of the parcel (6.9 acres) and is currently developed
therefore it is not conducive to agricultural uses. The site is zoned 1-3 (Industrial) and has
been utilized for Industrial uses since 1984.
• 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 23-3-350,Weld County Code),Operation Standards(Section
23-3-360, 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-1744. (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 shall show all easements as defined in RE-5019. (Department of Public Works)
Resolution USR-1744
Guadalupe, Rose and Jose Chavez
Page 3
• F. Parking areas screened from adjacent property owners and public rights of way and shall be
paved. (Department of Public Works)
G. Add the note "Weld County is not responsible for the maintenance of drainage related
features." (Department of Public Works)
H. The plat shall label the type of screening including the height and materials. (Department of
Planning Services)
The sign shall be located to meet setbacks and adhere to Article IV, Division 2 of the Weld
County Code. (Department of Planning Services)
J. The Department of Planning Services has determined from the application materials that
seven (7) 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)
K. The plat shall delineate a loading area. (Department of Planning Services)
L. That portion of a lot in the Industrial Zone District which abuts a public or private street right
of way shall be landscaped for a distance of ten(10)feet. (Department of Planning Services)
M. No more than 85% of the total area of a lot shall be covered. Land shall not be deemed
covered it is used for growing grass, shrubs, trees, plants or flowers, covered by decorative
gravel or wood chips, or otherwise suitably landscape. (Department of Planning Services)
• N. The plat shall delineate any lighting used on site. (Department of Planning Services)
2. The applicant shall submit evidence of a Colorado Discharge Permit System (CDPS)from the
Water Quality Control Division of the Colorado Department of Health and Environment for any
proposed discharge into State Waterways, if applicable. Evidence of their approval shall be
submitted in writing to the Weld County Department of Planning Services. (Department of Public
Health and Environment)
3. The applicant shall address the requirements (concerns) of Weld County Department of Building
Inspection, as stated in the referral response dated 4/12/2010. Evidence of such shall be
submitted in writing to the Weld County Department of Planning Services. (Department of Building
Inspection)
4. 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)
5. The applicant shall submit a screening/landscaping plan to the Weld County Department of
Planning Services for review and approval. (Department of Planning Services)
6. Upon completion of 1-5 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
Resolution USR-1744
Guadalupe, Rose and Jose Chavez
Page 4
• requirements shall be submitted within thirty (30) days from the date of the Board of County
Commissioners resolution. The applicant shall be responsible for paying the recording fee.
(Department of Planning Services)
7. 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)
8. 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)
9. 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
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 September 7, 2010.
Dated the 7th of September, 2010.
Kristine Ranslem
Secretary
•
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
• Guadalupe, Rose and Jose Chavez
USR-1744
1. A Site Specific Development Plan and Special Review Permit for a commercial junkyard or salvage
yard in the 1-3 (Industrial) Zone District 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. The number of employees shall be limited to five (5). (Department of Planning Services)
4. The hours of operation shall be 7am—5pm, 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 Industrial Zone as
delineated in Section 14-9-30 of the Weld County Code. (Department of Public Health and
Environment)
11. Adequate drinking, hand washing and toilet facilities shall be provided for employees and clients of
the facility, at all times. (Department of Public Health and Environment)
12. Any septic system located on the property must comply with all provisions of the Weld County Code,
pertaining to Individual Sewage Disposal Systems. (Department of Public Health and Environment)
13. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
(Department of Public Health and Environment)
14. 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)
15. 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)
Resolution USR-1744
Guadalupe, Rose and Jose Chavez
Page 6
• 16. The operation shall comply with all applicable rules and regulations of the State and Federal agencies
and the Weld County Code. (Department of Public Health and Environment)
17. 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)
18. 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)
19. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-3-350, Weld County Code.
20. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-3-360, Weld County Code.
21. 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)
22. The Screening on site shall be maintained in accordance with the approved Screening Plan.
(Department of Planning Services)
• 23. 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)
24. Personnel from the Weld County Government shall be granted access onto the property at any
reasonable time in order to ensure the activities carried out on the property comply with the
Development Standards stated herein and all applicable Weld County regulations.
25. 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)
26. 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.
27. 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.
28. 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
Resolution USR-1744
Guadalupe, Rose and Jose Chavez
Page 7
• 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.
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 - 7-c2-0/0
The traffic study talked about 85%of the traffic coming from the west; however they believe it will come from
• the east. Therefore,the Frontage Road is an issue and is currently under discussion. Mr. Fronczyk indicated
that they prefer to have the access route from the Frontage Road to County Road 43.5 instead of going to
County Road 12.5.
The traffic plan talks about message boards which will direct traffic to the site. Mr. Fronczyk asked if the
barricades and message boards will be taken off site and placed somewhere else. In addition, he asked if
there will be advanced public notice of the closures. Mr. Fronczyk referred to Condition of Approval 2 and
stated that he feels the evidence of an approved Access Permit from CDOT and an approved Traffic Control
Plan should be addressed now and not next year.
Commissioner Holton asked Ms. Carter if there is a plan in place. Ms. Carter said that CDOT, the Town of
Hudson, Weld County Planning Department and the applicant have been trading emails back and forth
reviewing these plans. What is being proposed at this point is a"soft" close which means that it is closed for
travelers passing through an area; however local traffic may access. The barricades are offset and posted
that local traffic only may access. Currently, discussion is in place with CDOT on how soft or hard they want
that closure to be.
Commissioner Grand asked Ms. Carter if she is comfortable that the discussion of the group is marching in a
direction that everyone will approve. Ms. Carter replied yes and stressed that this is a very temporary
condition. She added that the applicant had estimated higher numbers in hopes that their business will do
well, but as they go from year to year we will see changes within that traffic control. In addition, CDOT is
requiring the applicant to submit an access permit each year until they can determine what the traffic is truly
going to be at this facility.
The Chair closed the public portion of the meeting.
Commissioner Lawley asked about the temporary signage. Ms. Carter said that it is part of the traffic control
• plan and added that the signs will be stored off site when the facility is not in operation.
The Chair asked the applicant if they read through the amended Development Standards and Conditions of
Approval and if they are in agreement with those. The applicant replied that they are in agreement.
Robert Grand moved that Case USR-1754 be forwarded to the Board of County Commissioners along with the
amended Conditions of Approval and Development Standards with the Planning Commission's
recommendation of approval, seconded by Jason Maxey.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Nick
Berryman, yes; Erich Ehrlich, absent; Robert Grand, yes; Bill Hall, absent; 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-1744
APPLICANT: Guadalupe, Rose and Jose Chavez
PLANNER: Michelle Martin
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for a
Commercial Junkyard or Salvage Yard in the 1-3 (Industrial)Zone District.
LEGAL DESCRIPTION: Part N2 NE4 NW4 and Part N2 NW4 NE4 all in Section 31, Ti N, R66W of the
6th P.M.,Weld County, Colorado.
LOCATION: South of and adjacent to CR 4 and west of and adjacent to State Hwy 85.
Michelle Martin, Planning Services, commented that the applicant has applied for a Site Specific Development
Plan and Special Review Permit for a commercial junkyard or salvage yard in the 1-3(Industrial)Zone District
Currently, the property is in violation (VI01-00259) for the operation of a commercial business without the
• necessary land use permits. This violation was turned in by an adjacent municipality and surrounding property
owners.
EXHIBIT
£'ngq
The surrounding property to the south and west are zoned agricultural. The property to the north and east are
• zoned industrial. The property is located within the three mile referral area for the cities of Brighton and Fort
Lupton and Adams County. The City of Fort Lupton indicated in their referral dated April 27, 2010 that they
have no conflicts with the proposed development. The City of Brighton and Adams County did not respond to
the referral request. No comments have been received from the surrounding property owners and the
applicants have indicated they will continue to screen the property from public rights-of-way and surrounding
adjacent property owners. Therefore, the impact of the proposed use will be compatible with the surrounding
land uses.
Sixteen referral agencies reviewed this case, ten responded favorably or are included conditions that have
been addressed through development standards and conditions of approval. No comments were received
from:
West Adams Soil Conservation District
Weld County Sheriffs Office
Weld County Landscape referral
Adams County
City of Brighton
Weld County School District RE-27-J
The Department of Planning Services is recommending approval of this application along with the attached
conditions of approval and development standards.
Mary Evett, Environmental Health, stated that there is an existing septic system for employees and customers.
The septic system was evaluated by an engineer and was found to be adequately sized for five(5)employees
and ten (10)customers. The applicant has received approval from the Colorado Division of Water Resources
for a commercial use of the existing well which is limited to drinking and sanitary purposes only. The applicant
• indicated that there are no floor drains in the building; therefore Development Standard 15 may be deleted.
Condition of Approval#2 addresses a permit that the applicant needs to submit to the Colorado Department of
Public Health and Environment for stormwater discharges. She added that the applicant has submitted a
permit application on August 12, 2010; however staff has not received approval for that permit yet.
Mark Lawley moved to delete Development Standard 15, seconded by Roy Spitzer. Motion carried.
Heidi Hansen, Public Works, commented that the access is from Highway 85. A full drainage design and
detention of their stormwater is required and the applicants have been very good in supplying a full detention
report.
Tim Youngpeter, Mountain West Commercial, introduced Andy Le, Operator of the Auto Line LLC, and Dave
Moore,Auto Recycling Consultant. The request is for an auto recycling yard in the 1-3 Industrial Zone District,
which is compatible with the current zoning.The property will be used as an auto salvage yard for import cars
and light trucks, particularly high end, late model cars.
Mr. Youngpeter expressed that they would like to request that they continue to work with the Planning
Department in regard to the landscaping requirement because they have issues with a very tight access
easement that goes directly to the south of the property for Ready Mix. He added that the State will not give
them any more water than is required for sanitary purposes; therefore they will not be able to maintain the
landscaping. Mr. Youngpeter requested that the landscaping requirement be waived.
Commissioner Grand asked how the applicant could handle the landscaping without water. Ms. Martin said
that the Code addresses that it does not have to be living matter but rather it can be landscape or decorative
rock.
Mr. Grand asked the applicant what they might be proposing for landscaping. Mr. Youngpeter said that they
• haven't thought of an alternative other than to enhance the area by putting up more permanent fencing. Mr.
Grand asked staff if that would qualify. Ms. Martin said that it wouldn't meet the intent of the Code. She
added that there is existing fencing along the perimeter of the facility. She added that some of the fencing is
8
fabric; however they indicated that they will be replacing it with red metal slats.
• Commissioner Holton encouraged the staff and the applicant to work out the landscaping issue prior to the
Board of County Commissioner hearing.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Robert Baumgartner, owner of the property to the north and west of the site. He stated that he hasn't seen
any improvement to the property. His main concern is the water runoff. The water coming off of this subject
site runs onto his property and floods his septic system. He said that his biggest concern is the runoff from
this property which has oil and other contaminants.
Mr. Youngpeter said that through the application process the drainage was addressed and approved.
Historically, the grades of the property do run across Mr. Baumgartner's property. Presently,it is not retaining
any kind of oil or fuel or spillage. Currently, they are proposing'to not only retain that water for a historic
controlled flow onto Mr. Baumgartner's property but it will also go through a cleaning process so that the water
that will be exiting the property will comply with the State Water Quality standards. They propose that it
would come out of the northwest corner of the property and be discharged through a pipe and controlled to the
historic flow.
Ms. Hansen said that the applicant will be detaining the 100 year runoff at the 5 year historic rate so the
neighbor should see far less water than he does now. In addition, there will also be a sand/oil interceptor
which will keep any contaminants onsite.
David Moore commented that as a result of the Stormwater Discharge Permit they are required to take two(2)
samples per year and send them in for analysis.
The Chair asked the applicant if they have read through the amended Development Standards and Conditions
• of Approval and if they are in agreement with those. The applicant replied that they are in agreement.
Robert Grand moved that Case USR-1744 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; Erich Ehrlich, absent; Robert Grand, yes; Bill Hall, absent; Alexander Zauder, yes; Jason
Maxey, yes; Roy Spitzer, yes; Mark Lawley, yes; Tom Holton, yes. Motion carried unanimously.
The Chair called a recess at 3:30 pm and reconvened the meeting at 3:41 pm.
CASE NUMBER: PZ-1153
APPLICANT: Country Meadows Estates LLC
PLANNER: Chris Gathman
REQUEST: A Change of Zone from the A(Agricultural)Zone District to the PUD(Planned
Unit Development)for nine(9) residential lots with (E) Estate Zone uses along
with .78 acres of open space-Country Meadow Estates.
LEGAL DESCRIPTION: Lot B AmRE-4571; Part of the N2SE4 of Section 7, T4N, R68W of the 6th P.M.,
Weld County, Colorado.
LOCATION: West of and adjacent to CR 3; 1/4 mile north of CR 46.
Chris Gathman, Planning Services,commented that nineteen referral agencies reviewed this case;ten referral
agencies offered comments which have been included in the conditions of approval.
The site is located within the three mile referral of the Towns of Berthoud and Johnstown as well as Larimer
County. The Town of Berthoud and Larimer County indicated no conflicts with their interest and no referral
comments have been received from Johnstown in regard to this application.
• The site is located in an agricultural area. There is an existing subdivision located '/.mile west of this site and
another platted subdivision is located ''/ mile to the north and east of this site.
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