HomeMy WebLinkAbout20101247.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
• Moved by Mark Lawley, that the following resolution be introduced for passage by the Weld County Planning
Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER: USR-1737
APPLICANT: Troy&Judy Hefner
PLANNER: Michelle Martin
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for a
Business Permitted as a Use by Right or Accessory Use in the Commercial
Zone District (storage of commercial equipment and vehicles, fabrication, auto
storage and repair) and Agricultural Service Establishments primarily engaged
in performing agricultural, animal husbandry or horticultural services on a fee or
contract basis, including: farm equipment sales, repair and installation facilities,
and one (1) single family dwelling unit per lot other than those permitted under
Section 23-3-20.A of the Weld County Code, in the A(Agricultural)Zone
District.
LEGAL DESCRIPTION: Part of the E2 W2 SE4 SW4 of Section 23,Ti N, R68W of the 6th P.M., Weld
County, Colorado.
LOCATION: North of and adjacent to CR 6 and approximately 1/4 mile east of 1-25.
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 22-2-20.G.2 (A.Policy 7.2) states: "Conversion of agricultural land to nonurban
residential, commercial and industrial uses should be accommodated when the subject site is
in an area that can support such development, and should 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 residential in
nature. Section 23-2-240.A.10 of the Weld County Codes states "...that buffering or
screening of the proposed use from adjacent properties may be required in order to make the
determination that the proposed use is compatible with the surrounding uses." Condition#6
requires the applicant to screen the outdoor storage and parking areas from surrounding
properties and public rights of way.
B. Section 23-2-220.A.2--The proposed use is consistent with the intent of the A(Agricultural)
Zone District. Section 23-3-40.B.4, Section 23-3-40.R, and Section 23-3-40.L of the Weld
County Code allows for A Site Specific Development Plan and a Special Review Permit for a
business permitted as a use by right or accessory use in the Commercial Zone District
(storage of commercial equipment and vehicles, fabrication, auto storage and repair) and
Agricultural Service establishments primarily engaged in performing agricultural, animal
husbandry or horticultural services on a fee or contract basis, including: Farm equipment
sales, repair and installation facilities and one (1) Single Family Dwelling Unit per Lot other
than those permitted under Section 23-3-20 A in the A (Agricultural) Zone District.
Currently the property is in violation (ZCV09-00114) for the operation of a commercial
business and commercial storage without an approved and recorded Use by Special Review
permit(USR). If the USR is approved, the violation will be closed. If denied,the case shall be
referred to the County Attorney's office but delay legal action for 30 days in order to give the
• applicant's time to remove one of homes and the commercial business and storage.
EXHIBIT
2010-1247 ajt
�•�tlE
Resolution USR-1737
Troy&Judy Hefner
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 property to the west is in Althen Boyer Subdivision and is zoned C-3 (Business
Commercial)and currently houses several commercial operations. The property to the north,
south and east is within the City and County of Broomfield. The property is located within the
three mile referral area for the Cities of Dacono and Northglenn, and the Towns of Frederick
and Erie, Adams County and the City and County of Broomfield. The Town of Erie in their
referral dated 2/8/2010 indicated no conflicts with their interest. The Weld County
Department of Planning Services has not received referrals from Cities of Dacono and
Northglenn, Town of Frederick,Adams County and the City and County of Broomfield. Staff
believes that the Conditions of Approval and Development Standards will ensure that the use
will be compatible with existing land uses
D. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with future
development of the surrounding area as permitted by the existing zoning and with the future
development as projected by Chapter 22 of the Weld County Code and any other applicable
code provisions or ordinances in effect, or the adopted Master Plans of affected
municipalities.
The property is not located within an Intergovernmental Agreement Area but does lie within
the three mile referral area for the Cities of Dacono and Northglenn, and the Towns of
Frederick and Erie,Adams County and the City and County of Broomfield.The Town of Erie
in their referral dated 2/8/2010 indicated no conflicts with their interest. The Weld County
Department of Planning Services has not received referrals from Cities of Dacono and
Northglenn, Town of Frederick, Adams County and the City and County of Broomfield. The
property to the west is in Althen Boyer Subdivision and is zoned C-3(Business Commercial).
• The property to the north, south and east is within the City and County of Broomfield. The
City and County of Broomfield did not respond to the referral request. Staff believes that the
Conditions of Approval and Development Standards will ensure that the use will be
compatible with existing 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, Capital Expansion Impact Fee,
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 "Prime (Irrigated) Farmlands of National Importance" as
delineated on the"Important Farmlands of Weld County" map, dated 1979. This size of the
parcel (8.75 acres) and is currently developed as a residential property therefore it is not
conducive to farming.
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.
Resolution USR-1737
Troy&Judy Hefner
Page 3
• 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:
The plat shall be amended to delineate the following:
A. All sheets of the plat shall be labeled USR-1737. (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 size of the water quality feature on the plat.
(Department of Public Works)
E. The applicant shall identify the size of the recycled asphalt tracking apron on the plat.
(Department of Public Works)
F. The applicant shall show a detail of the proposed sign on the plat. The sign shall
adhere to Article IV Division 2 of the Weld County Code. (Department of Planning
Services)
G. The approved Screening Plan. (Department of Planning Services)
H. 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)
Areas used for storage or trash collection shall be screened from adjacent public
rights-of-way and all adjacent properties. These areas shall be designed and used
in a manner that will prevent wind or animal scattered trash. (Department of
Planning Services)
J. The Department of Planning Services has determined from the application materials
that eighteen (18)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 applicant shall verify with the City and County of Broomfield the existing right-of-
way and the documents creating the right-of-way for County Road 6. (Department
of Planning Services)
L. The applicant shall delineate any onsite lighting on the plat. The lighting shall be
down casted and shielded. (Department of Planning Services)
M. The plat shall show all recorded easements specifically the high pressure gas line.
(Department of Planning Services)
2. The applicant shall submit a dust abatement plan, for on-site dust, for review and approval, to the
Environmental Health Services, Weld County Department of Public Health & Environment.
Evidence of their approval shall be submitted to the Weld County Department of Planning
•
Services. (Department of Public Health and Environment)
Resolution USR-1737
Troy&Judy Hefner
Page 4
• 3. In the event the applicant intends to utilize the existing septic system at either of the existing
homes, for employee, patron or visitor use, the septic system shall be reviewed by a Colorado
Registered Professional Engineer. The review shall consist of observation of the system and a
technical review describing the systems ability to handle the proposed hydraulic load. The review
shall be submitted to the Environmental Health Services Division of the Weld County Department
of Public Health and Environment. In the event the system is found to be inadequately sized or
constructed the system shall be brought into compliance with current Regulations. Evidence of
their approval shall be submitted to the Weld County Department of Planning Services.
(Department of Public Health and Environment)
4. 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. Evidence of
their approval shall be submitted to the Weld County Department of Planning Services. The plan
shall include at a minimum, the following:
A) A list of wastes which are expected to be generated on site (this should include expected
volumes and types of waste generated).
B) A list of the type and volume of chemicals expected to be stored on site.
C) The waste handler and facility where the waste will be disposed (including
the facility name, address, and phone number). (Department of Public Health and
Environment)
5. The applicant shall address the requirements (concerns) of Weld County Department of Building
Inspection, as stated in the referral response dated 2/16/2010. Evidence of such shall be submitted in
writing to the Weld County Department of Planning Services. (Department of Building Inspection)
• 6. The applicant shall submit to the Weld County Department of Planning Services a screening plan for
review and approval. The screening plan shall screen all outdoor storage and parking areas from
adjacent rights of way and surrounding properties. (Department of Planning Services)
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 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. The applicant shall either submit a copy of an agreement with the property's mineral owner/operators
stipulating that the oil and gas activities have been adequately incorporated into the design of the site
or show evidence that an adequate attempt has been made to mitigate the concerns of the mineral
owner/operators. The plat shall be amended to include any possible future drilling sites and/or
setbacks. (Department of Planning Services)
9. 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 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)
Resolution USR-1737
Troy&Judy Hefner
Page 5
• 10. In accordance with Weld County Code Ordinance 2006-7 approved June 1, 2006, should the plat not
be recorded within the required sixty (60) 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)
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 dhuerter(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)
13. Prior to the issuance of the Certificate of Occupancy:
A. An individual sewage disposal system is required for the proposed facility and shall be
installed according to the Weld County Individual Sewage Disposal Regulations. The
septic system is required to be designed by a Colorado Registered Professional Engineer
according to the Weld County Individual Sewage Disposal Regulations. (Department of
Public Health and Environment)
Motion seconded by Roy Spitzer.
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 June 1, 2010.
Dated the 1st of June, 2010.
• Kristine Ranslem
Secretary
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Troy and Judy Hefner
• USR-1737
1. A Site Specific Development Plan and a Special Review Permit for a business permitted as a use by
right or accessory use in the Commercial Zone District (storage of commercial equipment and
vehicles, fabrication, auto storage and repair) and Agricultural Service establishments primarily
engaged in performing agricultural, animal husbandry or horticultural services on a fee or contract
basis, including: Farm equipment sales, repair and installation facilities and one (1) Single Family
Dwelling Unit per Lot other than those permitted under Section 23-3-20 A 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. The hours of operation for all commercial activities are 6:00am to 8:00pm Monday through Friday.
(Department of Planning Services)
4. Five (5) is the maximum number of employees for all commercial activities on site. (Department of
Planning Services)
5. 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)
6. Any vehicle washing areas shall capture all effluent and prevent discharges in accordance with
the Rules and Regulations of the Water Quality Control Commission, and the Environmental
Protection Agency. (Department of Public Health and Environment)
• 7. 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)
8. 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)
9. 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)
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. 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)
12. The applicant shall operate in accordance with the approved "waste handling plan", at all times.
(Department of Public Health and Environment)
13. Sewage disposal for the facility shall be by septic system. Any septic system located on the
property must comply with all provisions of the Weld County Code, pertaining to Individual
Sewage Disposal Systems. (Department of Public Health and Environment)
• 14. Adequate drinking, hand washing and toilet facilities shall be provided for employees, patrons and
visitors of the facility, at all times. (Department of Public Health and Environment)
Resolution USR-1737
Troy&Judy Hefner
Page 7
• 15. A permanent, adequate water supply shall be provided for drinking and sanitary purposes. The
facility shall utilize Central Weld County Water District. (Department of Public Health and
Environment)
16. All potentially hazardous chemicals must be stored and handled in a safe manner in accordance
with product labeling and in a manner that minimizes the release of hazardous air pollutants
(HAP's) and volatile organic compounds (VOC's). (Department of Public Health and
Environment)
17. If applicable, the applicant shall obtain a stormwater discharge permit from the Colorado
Department of Public Health & Environment, Water Quality Control Division. (Department of
Public Health and Environment)
18. 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. 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)
20. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code.
21. The property owner or operator shall be responsible for complying with the Operation Standards
of Section 23-2-250, Weld County Code.
• 22. 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)
23. The Screening on site shall be maintained in accordance with the approved Screening Plan on the
plat. (Department of Planning Services)
24. Weld County is not responsible for the maintenance of drainage related features. (Department of
Public Works)
25. Personnel from 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.
26. Building permits shall be obtained prior to the construction of any building. Buildings that meet the
definition of an Ag Exempt Building per the requirements of Section 29-1-20 and Section 29-3-20.B.13
of the Weld County Code do not require building permits, however, a Certificate of Compliance must
be filed with the Planning Department and an electrical and/or plumbing permit is required for any
electrical service to the building or water for watering or washing of livestock or poultry. (Department
of Building Inspection)
27. 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;20031CC ANSI
117.1 Accessibility Code; 2008 National Electrical Code and Chapter 29 of the Weld County Code.
(Department of Building Inspection)
Resolution USR-1737
Troy&Judy Hefner
Page 8
• 28. All building plans shall be submitted to Mountain View Fire Protection District for review and approval
prior to issue of Building Permits. (Department of Building Inspection)
29. The historical flow patterns and run-off amounts will be maintained on site in such a manner that it will
reasonably preserve the natural character of the area and prevent property damage of the type
generally attributed to run-off rate and velocity increases, diversions,concentration and/or unplanned
ponding of storm run-off. (Department of Public Works)
30. Pursuant to Chapter 15, Articles I and II of the Weld County Code, if 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. All vegetation,other than grasses, needs to be
maintained at a maximum height of 12 inches until the area is completely developed. (Department of
Public Works)
31. 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.
32. 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.
33. 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.
•
Resolution USR-1737
Troy&Judy Hefner
Page 9
• 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.
•
•
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Mary Evett, Environmental Health, commented that there are two permanent septic systems located on the
property. One septic system is for a three bedroom home and another for a one bedroom home. The septic
permit for the one bedroom home is a Statement of Existing which is based on information provided by the
property owner. The owner provided information on the size and location of the septic tank; however he did
not provide information on the size and type of the septic field. Since the applicant is proposing to add a
bedroom to the one-bedroom home, the existing septic system will require an evaluation by Environmental
Health Services to determine if it is adequately sized. If the system is found to be inadequate the system must
be brought into compliance with current regulations.
Water is provided by Central Weld County Water District and the District is aware that two dwellings are being
served by the same meter.
Heidi Hansen, Public Works, commented that they will be using the existing access from County Road 18
which is under the jurisdiction of the Town of Frederick. No stormwater management measures are required.
Roy Spitzer moved to delete Conditions of Approval 1.D, 1.E and Development Standards #17 as
recommended by staff, seconded by Nick Berryman.
Tina DeZonia, 5096 CR 18, corrected the information of the one bedroom home with the septic system. She
stated that they are not adding a bedroom; rather they are relocating the one bedroom that is currently there.
Ms. Evett commented that they have submitted information on the septic tank; however there is no information
on the septic field. She added that they will work with the applicant to get that information.
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 she read through the amended Development Standards and Conditions of
Approval and if she is in agreement with those. The applicant replied that she is in agreement.
Robert Grand moved that Case USR-1743, 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 Bill Hall.
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, 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-1737
APPLICANT: Troy&Judy Hefner
PLANNER: Michelle Martin
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for a
Business Permitted as a Use by Right or Accessory Use in the Commercial
Zone District (storage of commercial equipment and vehicles,fabrication, auto
storage and repair) and Agricultural Service Establishments primarily engaged
in performing agricultural, animal husbandry or horticultural services on a fee or
contract basis, including:farm equipment sales, repair and installation facilities,
and one (1) single family dwelling unit per lot other than those permitted under
Section 23-3-20.A of the Weld County Code, in the A(Agricultural)Zone
District.
LEGAL DESCRIPTION: Part of the E2 W2 SE4 SW4 of Section 23,Ti N, R68W of the 6th P.M., Weld
County, Colorado.
LOCATION: North of and adjacent to CR 6 and approximately 1/4 mile east of 1-25.
Michelle Martin, Planning Services, commented that the property is currently in violation (ZCV09-00114)for
the operation of a commercial business and commercial storage without an approved and recorded Use b
I
Special Review permit (USR). If the USR is approved, the violation will be closed.
1111 The property to the west is in Althen Boyer Subdivision and is zoned C-3(Business Commercial)and currently
houses several commercial operations. The property to the north, south and east is within the City and County
of Broomfield. The property is located within the three mile referral area for the Cities of Dacono and
Northglenn and the Towns of Frederick and Erie, Adams County and the City and County of Broomfield. The
Town of Erie in their referral dated February 8, 2010 indicated no conflicts with their interest. Staff believes
that the Conditions of Approval and Development Standards will ensure that the use will be compatible with
existing land uses.
Twenty-one referral agencies reviewed this case, eight responded favorably or included conditions that have
been addressed through development standards and conditions of approval. No comments were received
from: City of Dacono, Town of Frederick, Central Weld County Water District, Weld County Department of
Planning Services Landscape, Adams County, Broomfield County, Weld County Ambulance Services,
Colorado Department of Transportation, West Adams Soil Conservation District, City of Northglenn, Weld
County School District RE-1J, and the Bull Canal.
Ms. Martin noted that Development Standards 24 and 31 are duplicate;therefore one of those may be deleted.
Roy Spitzer moved to delete Development Standard 24 and renumber accordingly,seconded by Mark Lawley.
Motion carried.
Lauren Light, Environmental Health, stated that water is provided by Central Weld County Water District.
Each of the two homes on the property have permitted septic systems. If either of those homes were to be
used in conjunction with the business an engineer would need to evaluate the system. A septic system will be
needed for the commercial building designed by an engineer.
The applicant has submitted a Dust Abatement and Waste Handling Plan. Staff would like to see that the
•
applicant would use water to control the dust on their Dust Abatement Plan. In addition,the applicant needs to
provide information on how they would contain a spill if it were to happen and how it would be cleaned up.
Heidi Hansen, Public Works, stated that the City of Broomfield has jurisdiction over the access onto County
Road 6. The applicants have identified an existing low point on the site and have outlined that as their water
quality feature.
Troy and Judy Heffner, 370 CR 16.5, commented that this property has been used mainly as a horse property
for many years and they wish to continue to do that. The applicants are proposing to utilize the barn for
commercial use. She added that this proposed use is compatible with the surrounding properties to the east
and west. The outside storage area will be screened.
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 applicants if they read through the amended Development Standards and Conditions of
Approval and if they are in agreement with those. The applicants replied that they are in agreement.
Mark Lawley moved that Case USR-1737, 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 Roy Spitzer.
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, 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-1722
APPLICANT: Daniel Ochsner
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