HomeMy WebLinkAbout20101921.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-1736
APPLICANT: Jessie Cogburn c/o Robert Collins
PLANNER: Kim Ogle
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for a
Home Business (Collins Construction and Trucking) in the A(Agricultural)Zone
District.
LEGAL DESCRIPTION: SW4NE4/N2SE4&SE4SE4 of Section 29,T3N, R67W of the 6th P.M., Weld
County, Colorado.
LOCATION: North of and adjacent to CR 28;West of and adjacent to CR 17.
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.
22-2-20.A.Goal 7 County land use regulations should protect the individual property owner's
right to request a land use change.
22-2-20 A.Policy 7.1. County land use regulations should support commercial and industrial
uses that are directly related to, or dependent upon, agriculture, to locate within the
•
agricultural areas, when the impact to surrounding properties is minimal, or can be mitigated,
and where adequate services are currently available or reasonably obtainable.
22-2-20.D A.Goal 4 Promote a quality environment which is free of derelict vehicles, refuse,
litter and other unsightly materials.
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 one
home in close proximity to the North. 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." As a condition of approval the applicant will be required to demonstrate
how the property, including the parking of various vehicles, equipment and construction
materials will be stored on-site.
B. Section 23-2-220.A.2--The proposed use is consistent with the intent of the Agricultural(A)
Zone Districts. Section 23-3-40.O of the Weld County Code allows for A Site Specific
Development Plan and Special Review Permit for a Home Business(Excavating Business)in
the A (Agricultural) Zone District. The site currently has a single family home, detached
garage and components associated with a non-commercial junkyard. The surrounding
property is primarily agricultural in nature with a few homes located in close proximity. The
site is currently in violation (ZCV09-00143) for the storage of commercial equipment and
storage of materials associated with the operation of a commercial business without first
obtaining the necessary Weld County permits. The violation case has not been presented to
the Board of County Commissioners through the Violation Hearing process. If this application
is approved by the Board of County Commissioners the violation will be corrected. If this
application is denied, the Department of Planning Services would request that the violation
• case be referred to the County Attorney's Office, but to delay legal action for thirty(30)days
in order to all adequate time to the ensure that all operations and advertisements have been
removed from the property. No comments were received from any surrounds
owners. EXHIBIT
2010-1921 1 S
'')_
Resolution USR-1736
Jessie Cogburn c/o Robert Collins
Page 2
• 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 north, south, east and west are zoned Agricultural (A) and
are primarily utilized for large tract agricultural uses.A mineral resource development facility
is located to the northeast of the property, USR-1219. Therefore, given the impact of the
proposed use, an approved screening plan, and a plan to remove several above ground
storage tanks, the use (excavating business) will be compatible with the surrounding
agricultural 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 located within the three mile referral area of the Towns of Firestone and
Mead. The Town of Firestone did not return a referral, and the Town of Mead in their referral
dated February 8, 2010 indicated no conflict with their interests. 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 but not in 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 and the
Stormwater/Drainage 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 primarily classified as"Prime Irrigated Farmlands of National Importance"
as delineated on the Important Farmlands of Weld County map, dated 1979. This size of the
USR boundary(2 acres)is currently developed and therefore, is not conducive to agricultural
uses.
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-1736
Jessie Cogburn c/o Robert Collins
Page 3
• A. The plat shall be prepared in accordance with Section 23-2-260.D of the Weld County Code.
(Department of Planning Services)
B. All sheets of the plat shall be labeled USR-1736. (Department of Planning Services)
C. The attached Development Standards. (Department of Planning Services)
D. County Road 17 is classified by the County as a local gravel road, which requires a 60 foot
right-of-way at full build out. The applicant shall verify the existing right-of-way and the
documents creating the right-of-way. If the right-of-way cannot be verified, it shall be
dedicated.The plat shall delineate the existing right-of-way and the documents which created
it. (Department of Public Works)
E. The applicant shall use the existing accesses to this parcel as no additional accesses shall
be granted. (Department of Public Works)
F. The area for the water quality feature shall be called out as"Reserved for Drainage Area, No
Build". (Department of Public Works)
G. 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 right-of-ways 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)
H. The"Fifth Wheel": mobile home shall be removed from the USR plat, as this structure is not
permitted as a storage unit for construction materials.
• 2. The applicant shall provide evidence that Recorded Exemption, RE-5021, has been submitted for
recording, thereby creating a separate legal parcel.
3. The applicant shall complete required construction and obtain a Certificate of Occupancy, Building
Permit (BCR10-00042) for the addition to the existing dwelling built in 1890 to attach a 9 x 12 foot
wood frame breezeway to a 14 x 66 foot 1975 Champion block and tied mobile home for use as a
recreational room. Evidence of such shall be submitted in writing to the Weld County Department of
Planning Services. (Weld County Department of Planning Services)
4. The applicant shall complete required construction and obtain a Certificate of Occupancy, Building
Permit (BCR07-01472) for the agricultural exempt pole barn. Should the pole barn be utilized for
storage of commercial materials and equipment a change of use building permit will be required.
Evidence of such shall be submitted in writing to the Weld County Department of Planning Services.
(Weld County Department of Planning Services)
5. The applicant shall address the concerns expressed by the Department of Public Health and
Environment, specific to their referral dated April 26, 2010. Written evidence shall be submitted to
the Department of Planning Services. (Department of Public Health and Environment)
A. The applicant shall submit a dust abatement plan, detailing on site dust control measures,
for review and approval, to the Environmental Health Services, Weld County Department
of Public Health & Environment.
B. The applicant must receive a final inspection and approval from the Environmental Health
Services for septic permit number SP-1000094.
C. In the event washing of vehicles will occur on site the applicant shall ensure that any
vehicle washing area(s) shall capture all effluent and prevent discharges from the
•
washing of vehicles in accordance with the Rules and Regulations of the Water Quality
Control Commission, and the Environmental Protection Agency. Vehicle washing areas
should be designated on the plat.
Resolution USR-1736
Jessie Cogburn do Robert Collins
Page 4
• D. The applicant shall submit evidence of an Aboveground Storage Tank permit from the
Colorado Department of Labor and Employment (CDL&E), Oil Inspection Section for any
aboveground storage tanks located on the site. Alternately, the applicant can provide
evidence from the (CDL&E), Oil Inspection Section that they are not subject to these
requirements.
E. A signed copy of the Spill Prevention, Control and Countermeasure Plan shall be provided
to Environmental Health Services Division of the Weld County Department of Public
Health & Environment. In accordance with Section 3-6-1 of the Colorado Department of
Labor and Employment Division of Oil and Public Safety Storage Tank Regulations (7
C.C.R. 1101-14) as well as EPA regulations (40 CFR Part 112).
F. The applicant shall submit a waste handling plan, for approval, to the Environmental
Health Services Division of the Weld County Department of Public Health & Environment.
The plan shall include at a minimum, the following:
1) A list of wastes which are expected to be generated on site (this should include
expected volumes and types of waste generated).
2) A list of the type and volume of chemicals expected to be stored on site.
3) The waste handler and facility where the waste will be disposed (including the
facility name, address, and phone number).
G. Any aboveground storage tanks and 55 gallon drums not recorded on the plat must be
removed and properly disposed.
• 6. The applicant shall address the concerns expressed by the Department of Public Works specific
to their referral dated February 24, 2010. Written evidence of compliance shall be submitted to
the Department of Planning Services. (Department of Public Works)
7. The applicant shall address the concerns expressed by the Department of Planning — Landscape
referral dated February 4, 2010. Written evidence of compliance shall be submitted to the
Department of Planning Services. (Department of Planning Services)
A. The transient mobile home (fifth Wheel) currently utilized for the storage of construction
materials does not meet the intent, nor is it able to be permitted under the Weld County
Code, and therefore shall be removed from the property.
8. The applicant shall submit a Private Improvements Agreement according to policy.The applicant shall
submit to the Department of Planning Services itemized bids for all improvements. The agreement
and form of collateral shall be reviewed by County Staff and accepted by the Board of County
Commissioners prior to recording the Use by Special Review plat. Or the applicant may submit
evidence that all the work has been completed and approved by County Staff (Department of
Planning Services)
9. Upon completion of 1 through 8 above the applicant shall submit a Mylar plat along with all other
documentation required as Conditions of Approval. The Mylar plat shall be recorded in the office of
the Weld County Clerk and Recorder by Department of Planning Services' Staff. The plat shall be
prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code. The
Mylar plat and additional requirements shall be submitted within sixty(60) days from the date of the
Board of County Commissioners resolution. The applicant shall be responsible for paying the
recording fee. (Department of Planning Services)
• 10. 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)
Resolution USR-1736
Jessie Cogburn do Robert Collins
Page 5
• 11. 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 maos(a�co.weld.co.us (Department of Planning Services)
12. 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 Nick Berryman.
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 August 3, 2010.
Dated the 3" of August, 2010.
4'�L�,�LdLQi
Kristine Ranslem
Secretary
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
• Robert and Pauline Collins
USR-1736
1. A Site Specific Development Plan and Use by Special Review Permit for a home business (Collins
Construction and Trucking) in the A (Agricultural) 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. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act,
30-20-100.5, C.R.S., as amended) shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination. (Department of Public Health and
Environment)
4. No permanent disposal of wastes shall be permitted at this site. This is not meant to include
those wastes specifically excluded from the definition of a solid waste in the Solid Wastes
Disposal Sites and Facilities Act, 30-20-100.5, C.R.S., as amended. (Department of Public Health
and Environment)
5. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust,
fugitive particulate emissions, blowing debris, and other potential nuisance conditions.
(Department of Public Health and Environment)
6. The applicant shall operate in accordance with the approved "Waste Handling Plan", at all times.
(Department of Public Health and Environment)
7. Any vehicle washing area(s) shall capture all effluent and prevent discharges from drum washing
•
and the washing of vehicles in accordance with the Rules and Regulations of the Water Quality
Control Commission, and the Environmental Protection Agency. (Department of Public Health
and Environment)
8. 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)
9. This facility shall adhere to the maximum permissible noise levels allowed in the Residential Zone
as delineated in Section 14-9-30 of the Weld County Code. (Department of Public Health and
Environment)
10. Adequate drinking, hand washing and toilet facilities shall be provided for at all times.
(Department of Public Health and Environment)
11. Sewage disposal for the facility shall be by septic system. Any septic system located on the
property must comply with all provisions of the Weld County Code, pertaining to Individual
Sewage Disposal Systems. (Department of Public Health and Environment)
12. 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 Account
No. 102181) (Department of Public Health and Environment)
13. The Spill Prevention, Control and Countermeasure Plan shall be available on site, at all times.
(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)
Resolution USR-1736
Jessie Cogburn do Robert Collins
Page 7
• 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)
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. The applicant shall comply with all provisions of the State Underground and Aboveground Storage
Tank Regulations. (Department of Public Health and Environment)
18. 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)
19. Building permits shall be obtained prior to the change of use of all structures and for all existing
structures on the property that have not been permitted which require permits. Certificate of
Compliance permits for pole structures which meet the requirements as Ag-Exempt under Weld
County definitions are required for all proposed new structures and any existing structure which
permits were not obtained. (Department of Building Inspection)
20. A plan review is required for each building or structure 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 for the Weld County Building Department for each structure that requires a permit. Submittal
plans shall include a floor plan showing the specific uses of each area for the building. Plans shall
bear the wet stamp of a Colorado Licensed Architect or Engineer. (Department of Building
Inspection)
• 21. 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 Residential Code; 2006 International Mechanical Code; 2006 International
Plumbing Code;2006 International Fuel Gas Code; 2006 International Energy Code;2003 ICC ANSI
117.1 Accessibility Code; 2008 National Electrical Code and Chapter 29 of the Weld County Code.
(Department of Building Inspection)
22. All building plans shall be submitted to the Platteville Fire Department for review and approval prior to
issue of building permits. (Department of Building Inspection)
23. 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)
24. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code.
25. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250, Weld County Code.
26. 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)
• 27. The site shall be maintained in accordance with the approved Screening Plan. (Department of
Planning Services)
Resolution USR-1736
Jessie Cogburn c/o Robert Collins
Page 8
• 28. Hours of operation shall be from 8:00AM to 5:00PM Monday through Saturday. (Department of
Planning Services)
29. The site shall be limited to no employees on site, other than the property owners. (Department of
Planning Services)
30. Parking areas and the access drive shall be surfaced with gravel, recycled asphalt or the
equivalent and shall be graded to prevent drainage problems. (Department of Public Works)
31. The earthen berm should be a maximum of 3.5 feet high or less near the access drives to allow
adequate sight distance in both directions. (Department of Public Works)
32. The roadside ditch shall be kept free of debris and fill from the berm. The applicant must take into
consideration stormwater capture/quantity and provide accordingly for best management
practices. (Department of Public Works)
33. 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)
34. 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)
35. 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.
36. 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.
37. 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.
38. 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
Resolution USR-1736
Jessie Cogburn do Robert Collins
Page 9
• 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, sand burs, 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.
•
cOit()
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
• Tuesday, August 3, 2010
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 2:00 p.m.
ROLL CALL ABSENT
Tom Holton -Chair
Mark Lawley-Vice Chair
Nick Berryman
Erich Ehrlich
Robert Grand
Bill Hall
Roy Spitzer
Alexander Zauder
Jason Maxey
Also Present Kim Ogle, Michelle Martin, Chris Gathman, Department of Planning Services; Don Carroll,Janet
Carter, Clay Kimmi, Department of Public Works; Lauren Light and Troy Swain, Department of Health;Bruce
Barker, County Attorney, and Julie Givan-Wittow, Secretary.
Robert Grand moved to approve the July 6, 2010 Weld County Planning Commission minutes, seconded by
Bill Hall, Motion carried.
• Mark Lawley nominated Tom Holton as Chair,seconded by Robert Grand. Bill Hall nominated Mark Lawley as
Vice-Chair, seconded by Robert Grand. Motion carried.
The Chair read the first case into record.
CASE NUMBER: USR-1736
APPLICANT: Jessie Cogburn c/o Robert Collins
PLANNER: Kim Ogle
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for a
Home Business(excavating company)and one (1) single-family dwelling unit
per lot(second home on the property) in the A(Agricultural)Zone District.
LEGAL DESCRIPTION: SW4NE4/N2SE4&SE4SE4 of Section 29, T3N, R67W of the 6th P.M.,Weld
County, Colorado.
LOCATION: North of and adjacent to CR 28;West of and adjacent to CR 17.
Kim Ogle, Planning Services, commented that this application is for a home business for Collins Construction
and Trucking in the Agricultural Zone District. The applicant is Robert and Pauline Collins.
The sign for the Planning Commission hearing was posted on July 15, 2010.
The property is located within the three-mile referral area for the Towns of Firestone and Mead. The Town of
Firestone did not return a referral and the Town of Mead,in their referral dated February 8,2010, indicated no
conflict with their interests.
Access to the property is from County Road 17 which is an all weather road maintained by Weld County.
The site is currently in violation (ZCV09-00143) for the storage of commercial equipment and storage of
materials associated with the operation of a commercial business without first obtaining the necessary Weld
• County permits. The violation case has not been presented to the Board of County Commissioners through
the violation process. Should this application be approved the violation will be dismissed.
EXHIBIT
• No comments or telephone calls were received from the surrounding property owners. The business is
located on a recently approved Recorded Exemption parcel. Adjacent parcels to the north, south, east and
west are zoned agricultural and are primarily utilized for large tract agricultural uses. A mineral resource
development facility for Varra and Ready Mix Concrete are adjacent to the east.
Fifteen referral agencies reviewed the case;seven referral agencies offered comments and are included in the
conditions of approval and development standards.
The Department of Planning Services is recommending approval of this application along with the attached
conditions of approval and development standards.
Lauren Light, Environmental Health, commented that water is supplied by Central Weld County Water District.
The applicants have a two-bedroom room which has an existing septic system. They have applied for a
repair permit to upgrade the septic system. Dust Abatement and Waste Handling Plans are requested for this
site.
Ms. Light added that the applicants have some 55 gallon drums above ground storage tanks on the property.
The applicant is only keeping two 1000 gallon above ground storage tanks to store diesel fuel and then a
couple of 55 gallon drums to store waste vehicle fluids on the property. She stated that a memo was given to
the Planning Commission which adds a development standard that the applicant shall comply with all
provisions of the State Underground and Aboveground Storage Tank Regulations. The applicant will also be
required to submit an SPCC Plan due to the size of the tanks since the size of the two tanks together are 2000
gallons.
Mr. Ogle requested that Condition of Approval 1.G be deleted because it is more of an informational note and
staff is not concerned how the berm is constructed as long as it is constructed outside the site triangles for
access.
• Robert Grand moved to delete Condition of Approval 1.G and add Development Standard 17 as requested by
staff, seconded by Bill Hall. Motion carried.
Don Carroll, Public Works, commented that access is off of County Road 17 which is a local gravel road. The
average daily traffic count is about 70 vehicles per day; therefore it is not heavily traveled. There are two
permitted accesses to the site. Mr. Carroll stated that the applicant is proposing some berming; therefore
Staff recommended that the berming at the access points be no higher than three and one-half feet as you
approach the County Roads so you can see in both directions.
Robert Collins, 13187 CR 17, stated that the storage tanks for diesel fuel will be downsized to 500 gallons with
containment; therefore it will be under the County regulations rather than the State of Colorado.
Mr. Collins said that the berm will not block the view because it will sit back from County Road 17 about 30 to
35 feet. He added that before they pull out of their driveways they will be stopping at the road to make sure
that there is no traffic.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
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-1736, 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 Nick Berryman.
• The Chair asked the secretary to poll the members of the Planning Commission for their decision. Nick
Berryman, yes; Erich Ehrlich, absent; Robert Grand, yes; Bill Hall, yes; Alexander Zauder, absent; Jason
Maxey, absent; Roy Spitzer, absent; Mark Lawley, yes; Tom Holton, yes. Motion carried unanimously.
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