HomeMy WebLinkAbout20100269.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-1694
APPLICANT: Keith Thoene
PLANNER: Michelle Martin
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for Home
Business (storage of construction materials) in the A(Agricultural) Zone District.
LEGAL DESCRIPTION: Lot B RE-3050 being part of E2 NE4 in Section 25, TIN, R65W of the 6th P.M.,
Weld County, Colorado.
LOCATION: West of and adjacent to CR 49 and south of and adjacent to CR 6.
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 A.Goal 7,1 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."
• The site currently has one pole barn and a single family residence on site (BCR09-00286).
The pole barn on site will house a majority of the materials associated with this business.
Any outdoor storage of material will be located within a screened area. The property is
serviced by a domestic well and an individual sewage disposal system.
The surrounding properties are zoned (A) Agricultural and there are nine property owners
within 500 feet of the site. The proposed use would be compatible with the region since the
majority of the materials associated with the business would be stored inside and any outdoor
storage of materials will be located in a screened area.
B. Section 23-2-220.A.2--The proposed use is consistent with the intent of the(A)Agricultural
Zone Districts. Section 23-3-40.O allows for a Home Business in the (A) Agricultural Zone
Districts.
C. Section 23-2-220.A.3--The uses which will be permitted will be compatible with the existing
surrounding land uses.
The surrounding properties are zoned (A) Agricultural. There are few homes in close
proximity and a landscaping tree farm to the south and west of the site. The proposed use
would be compatible with the region since the majority of the materials associated with the
business would be stored inside and any outdoor storage of materials will be located in a
screened area.
The property is located with the three mile referral area for the Town of Hudson and Adams
County. The Town of Hudson in their referral dated March 11, 2009 state that they have
reviewed the request and find no conflicts with their interests. No comments were received
from Adams County.
• D. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with future
development of the surrounding area as per itted by the existino zoning and with the future
EXHIBIT
2010-0269
use- UAW
Resolution USR-1694
Keith Thoene
Page 2
• 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.
Staff believes that the Conditions of Approval and Development Standards will ensure that
the use will be compatible with existing surrounding land uses. The majority of the materials
stored on site will be kept inside the pole barn. A small amount of outdoor materials will be
kept in a screened area. -
E. Section 23-2-220.A.5--The application complies with Section 23-5 of the Weld County Code.
The existing site is within the County Road Impact Fee Area and the Capital Expansion
Impact Fee and the Stormwater/Drainage Impact Fee.
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 if irrigation", "prime, and "other" land as
delineated on the Important Farmlands of Weld County map,dated 1979. This proposal is to
be conducted within the existing structures on site and will not affect the agricultural use of
the property.
• 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.
Previously, the property was in violation (ZCV08-00360)for the commercial storage and operations related to
Sierra Detention Systems do Keith Thoene without an approved and recorded Use by Special Review permit
(USR); however, the violation will be closed upon approval from the Board of County Commissioners.
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. Prior to recording the mylar:
A. 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 and
Environment. Evidence of approval shall be submitted to the Weld County Department of
Planning Services. (Department of Public Health and Environment)
B. An individual sewage disposal system is required for the proposed site and shall be installed
according to the Weld County Individual Sewage Disposal Regulations. Evidence of approval
• shall be submitted to the Weld County Department of Planning Services. (Department of
Public Health and Environment)
Resolution USR-1694
Keith Thoene
Page 3
• C. The applicant shall submit a waste handling plan, for approval, to the Environment Health
Services Division of the Weld County Department of Public Health and Environment.
Evidence of approval shall be submitted to the Weld County Department of Planning
Services. The plan at a minimum shall include 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). (Department of Public Health and
Environment)
D. The applicant shall address the requirements of the Department of Public Works referral as
stated in the response dated March 24, 2009. Written evidence of such shall be submitted in
writing to the Department of Planning Services. (Department of Public Works)
E. The applicant shall address the requirements of the Department of Building Services referral
as stated in the response dated March 31, 2009. Written evidence of such shall be
submitted in writing to the Department of Planning Services. (Department of Building
Services)
F. 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, etcetera)and non-transportation (fencing, screening, signage
etcetera). 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. Or 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)
2. The plat shall be amended to delineate the following:
A. All sheets of the plat shall be labeled USR-1694. (Department of Planning Services)
B. The attached Development Standards. (Department of Planning Services)
C. County Road 49 is designated on the Weld County Road Classification Plan as a strategic
roadway, which requires 140 feet of right-of-way. There is presently 60 feet of right-of-way.
The applicant shall verify and delineate on the plat the existing and future right-of-way.
(Department of Public Works)
D. County Road 6 is designated on the Weld County Road Classification Plan as a local gravel
road, which requires 60 feet of right-of-way. There is presently 60 feet of right-of-way. The
applicant shall verify and delineate on the plat the existing right-of-way. (Department of
Public Works)
E. The location of the dumpster and enclosure shall be delineated on the plat. (Department of
Planning Services)
F. Any outdoor storage shall be delineated on the plat and appropriately screened. (Department
of Planning Services)
G. The plat shall be prepared in accordance with Section 23-2-260.D of the Weld County Code.
(Department of Planning Services)
• H. Any outside lighting shall be shown on the plat and adhere to Section 23-2-160.U.6 of the
Weld County Code. (Department of Planning Services)
Resolution USR-1694
Keith Thoene
Page 4
• 3. Upon completion of 1. and 2. 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 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)
4. 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.
5. 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)
6. 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 Bill Hall.
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 February 2, 2010.
Dated the 2n° of February,r 2010.
`I JIA.�'tiirte l a.1 WW1-1
•
Kristine Ranslem
Secretary
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Thoene
• USR-1694
1. A Site Specific Development Plan and a Special Review Permit for a Home Business (storage of
construction materials—steel doors and frames)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 are 7:00am to 6:00pm Monday through Friday. (Department of Planning
Services)
4. No employees are allowed on site. (Department of Planning Services)
5. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act,
30-20-100.5, C.R.S., as amended) shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination. (Department of Public Health and
Environment)
6. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those
wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites
and Facilities Act, 30-20-100.5, C.R.S., as amended. (Department of Public Health and Environment)
7. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust,
fugitive particulate emissions, blowing debris, and other potential nuisance conditions. (Department
of Public Health and Environment)
• 8. The applicant shall operate in accordance with the approved "waste handling plan", at all times.
(Department of Public Health and Environment)
9. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The facility shall be
operated in accordance with the approved"dust abatement plan"at all times. (Department of Public
Health and Environment)
10. This facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone as
delineated in Section 14-9-30 of the Weld County Code. (Department of Public Health and
Environment)
11. 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.
(Department of Public Health and Environment)
13. This application is proposing a well as its source of water. The applicant should be made aware that
while they may be able to obtain a well permit from the Office of the State Engineer, Division of Water
Resources,the quantity of water available for usage may be limited to specific uses, i.e. domestic use
only,etc. Also, the applicant should be made aware that groundwater may not meet all drinking water
standards as defined by the Colorado Department of Public Health and Environment. The
Department of Public Health and Environment strongly encourage the applicant to test their drinking
water prior to consumption and periodically test it over time. (Department of Public Health and
Environment)
• 14. If applicable,the applicant shall obtain a stormwater discharge permit from the Colorado Department
of Public Health and Environment,Water Quality Control Division. (Department of Public Health and
Environment)
Resolution USR-1694
Keith Thoene
Page 6
• 15. 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)
16. 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)
17. 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)
18. The property owner shall allow any mineral owner the right of ingress or egress for the purposes of
exploration development, completion, recompletion, re-entry, production and maintenance operations
associated with existing or future operations located on these lands. (Department of Planning
Services)
19. The site shall adhere to the Lighting regulations as outlined in Section 23-2-160.U.6 of the Weld
County Code as amended. (Department of Planning Services)
20. The applicant shall adhere to the approved Screening Plan. (Department of Planning Services)
21. No parking or staging is allowed on County Roads. (Department of Planning Services)
22. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code.
23. The property owner or operator shall be responsible for complying with the Operation Standards of
• Section 23-2-250, Weld County Code.
24. 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 need 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)
25. Buildings shall conform to the requirements of the various codes adopted at the time of permit
application. (Department of Building Inspection)
26. All building plans shall be submitted to Hudson Fire Protection District for review and approval prior to
issue of Building Permits. (Department of Building Inspection)
27. The historical flow patterns and run-off amounts will be maintained on site in such a manner that'twill
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)
28. 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.
29. 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.
Resolution USR-1694
Keith Thoene
Page 7
• 30. 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.
31. WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive agricultural
counties in the United States, typically ranking in the top ten counties in the country in total market
value of agricultural products sold. The rural areas of Weld County may be open and spacious, but
they are intensively used for agriculture. Persons moving into a rural area must recognize and accept
there are drawbacks, including conflicts with long-standing agricultural practices and a lower level of
services than in town. Along with the drawbacks come the incentives which attract urban dwellers to
relocate to rural areas: open views, spaciousness, wildlife, lack of city noise and congestion,and the
rural atmosphere and way of life. Without neighboring farms, those features which attract urban
dwellers to rural Weld County would quickly be gone forever.
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area. Well-run agricultural
activities will generate off-site impacts, including noise from tractors and equipment; slow-moving
farm vehicles on rural roads; dust from animal pens, field work, harvest and gravel roads; odor from
animal confinement, silage and manure; smoke from ditch burning;flies and mosquitoes; hunting and
trapping activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and
fertilizers in the fields, including the use of aerial spraying. It is common practice for agricultural
producers to utilize an accumulation of agricultural machinery and supplies to assist in their
agricultural operations. A concentration of miscellaneous agricultural materials often produces a
visual disparity between rural and urban areas of the County. Section 35-3.5-102, C.R.S., provides
that an agricultural operation shall not be found to be a public or private nuisance if the agricultural
operation alleged to be a nuisance employs methods or practices that are commonly or reasonably
associated with agricultural production.
• Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to
assume that ditches and reservoirs may simply be moved"out of the way"of residential development.
When moving to the County, property owners and residents must realize they cannot take water from
irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water.
Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice
the size of the State of Delaware)with more than three thousand seven hundred(3,700)miles of state
and County roads outside of municipalities. The sheer magnitude of the area to be served stretches
available resources. Law enforcement is based on responses to complaints more than on patrols of
the County, and the distances which must be traveled may delay all emergency responses, including
law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must
leave their jobs and families to respond to emergencies. County gravel roads, no matter how often
they are bladed, will not provide the same kind of surface expected from a paved road. Snow
removal priorities mean that roads from subdivisions to arterials may not be cleared for several days
after a major snowstorm. Services in rural areas, in many cases, will not be equivalent to municipal
services. Rural dwellers must, by necessity, be more self-sufficient than urban dwellers.
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.
•
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, February 2, 2010
• A regular meeting of the Weld County Planning Commission was held in the Weld County Department of
Planning Services, Hearing Room, 918 10'" Street, Greeley, Colorado. The meeting was called to order by
Chair, Tom Holton, at 1:30 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 Chris Gathman, Michelle Martin,and Kim Ogle, Department of Planning Services; Don Carroll,
Heidi Hansen and Clay Kimmi, Department of Public Works; Lauren Light, Department of Health; Bruce
Barker, County Attorney, and Kris Ranslem, Secretary.
Robert Grand moved to approve the January 19,2010 Weld County Planning Commission minutes,seconded
by Jason Maxey. Motion carried.
The Chair read the first case into record.
CASE NUMBER: AmUSR-1679
•
APPLICANT: JLW Investment, LLC
PLANNER: Chris Gathman
REQUEST: A Site Specific Development Plan and Amended Use by Special Review Permit
for an Oil and Gas Support Facility(install additional tanks and office trailer in an
existing Class II-Oilfield Waste Disposal Facility)in the A (Agricultural Zone
District).
LEGAL DESCRIPTION: Lot B RE-748; located in Part of the NE4 of Section 18,T6N, R63W of the 6th
P.M.,Weld County, Colorado.
LOCATION: North of and adjacent to State Hwy 392 and approximately 1/4 mile east of CR 61.5
Chris Gathman, Planning Services, stated that staff is recommending that this case be continued to allow the
applicant to meet the mineral notification requirements per state statute. He recommended that this case be
continued to the next Planning Commission hearing on March 2, 2010.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
Erich Ehrlich moved to continue Case AmUSR-1679 to the March 2, 2010 Planning Commission meeting,
seconded by Bill Hall. Motion carried.
The Chair read the first item on the Consent Agenda.
CASE NUMBER: USR-1694
APPLICANT: Keith Thoene
PLANNER: Michelle Martin
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for Home
Business(storage of construction materials) in the A(Agricultural)Zone District.
LEGAL DESCRIPTION: Lot B RE-3050 being part of E2 NE4 in Section 25,Ti N, R65W of the 6th P.M.,
• Weld County, Colorado.
LOCATION: West of and adjacent to CR 49 and south of and adjacent to CR 6.
1
EXHIBIT
LtsP- 1421
• Michelle Martin, Planning Services, commented that the applicant and staff would like to request that this case
remain on the consent agenda.
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 read the next case into record.
CASE NUMBER: USR-1717
APPLICANT: Sandra Rakowski
PLANNER: Michelle Martin
REQUEST: A Site Specific Development Plan and Use by Special Review for a Kennel (up
to 7 dogs, 3 cats, and 3 birds)in the A(Agricultural)Zone District.
LEGAL DESCRIPTION: Lot A of RE-2733; located in part of the S2 of Section 24,T2N, R67W of the 6th
P.M.,Weld County, Colorado.
LOCATION: North of and adjacent to CR 16 and approximately 1,100 feet east of CR 23.
Michelle Martin, Planning Services, stated that the applicant and staff would like for this case to remain on the
consent agenda.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
CASE NUMBER: USR-1657
APPLICANT: LaFarge West, Inc
PLANNER: Kim Ogle
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for Mineral
Resource Development Facility, including Open Pit Gravel Mining and Materials
Processing, in the A(Agricultural)Zone District.
• LEGAL DESCRIPTION: E2 SE4 Section 25; NE4 Section 36,T6N, R67W;and W2 SW4 Section 30; NW4
Section 31,T6N, R66W of the 6th P.M., Weld County, Colorado.
LOCATION: South of and adjacent to CR 64.5 and East and West of, and adjacent to CR 25.
Kim Ogle, Planning Services, stated that the applicant and staff would like to request that this item remain on
the consent agenda.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
Robert Grand moved to approve the Consent Agenda which includes Cases USR-1694, USR-1717,and USR-
1657 and that they are forwarded to the Board of County Commissioners along with the Conditions of
Approval and Development Standards with the Planning Commission's recommendation of approval,
seconded by Bill Hall. Motion carried unanimously.
The Chair asked the public if there were other items of business that they would like to discuss. No one
wished to speak.
The Chair asked the Planning Commission members if there was any new business to discuss. Robert Grand
inquired on the status of the recommended tier structure for USRs. Mr. Ogle commented that staff has been
working on it through the process of recommending code changes. Mr. Grand asked if there is a time
estimate on those changes. Mr. Ogle replied that the changes will most likely occur in a year. Trevor Jiricek,
Planning Director, said that staff has an internal deadline of February 10, 2010 to have drafts prepared.
Nick Berryman mentioned that in a lot of cases a number of people say that we should reexamine the 500 foot
notification requirement. He asked for input from the Commissioners and staff. Mr. Ogle said that staff can
research some counties to see what they require and see if it is worthy of change. He added that 500 feet has
• been the County standard for a very long time. Mark Lawley asked if it is a requirement to have a
neighborhood meeting. Mr. Ogle said that in some cases it is a strong recommendation but not a
2
J..- 1-07
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, December 1, 2009
A regular meeting of the Weld County Planning Commission was held in the Weld County Centennial Center,
915 10th Street, Greeley, Colorado. The meeting was called to order by Chair, Tom Holton, at 1:30 p.m.
ROLL CALL
ABSENT 0 am
Tom Holton -Chair Ct n
Mark Lawley-Vice Chair �'rv' F `o o
Nick Berryman eiC- D CL)
DC
Erich Ehrlich ('(1
Robert Grand p .
Bill Hall
Roy Spitzer
Alexander Zauder
Jason Maxey
Also
g
of Public Works; Lauren Light, Department of Health; Cyndy Giauque,le and Chris Gathman, Department of Planning Services;
on Carroll, Heidi Hansen,
Department County Attorney,and Kris
Ranslem, Secretary.
Robert Grand moved to approve the November 3, 2009 Weld County Planning Commission minutes,
seconded by Erich Ehrlich. Motion carried.
The Chair read the first case into record.
CASE NUMBER: USR-1694
APPLICANT: Keith Thoene
PLANNER: Michelle Marlin
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for a Home
Business(storage of construction materials)in the A(Agricultural)Zone District.
LEGAL DESCRIPTION: Lot B RE-3050 being part of E2 NE4 in Section 25,Ti N, R65W of the 6th P.M.,
Weld County, Colorado.
LOCATION: West of and adjacent to CR 49 and south of and adjacent to CR 6.
Chris Gathman, Planning Services, commented that the applicant has requested that this case be
continued to the February 2, 2010 meeting in order to receive a Certificate of Occupancy for his residence
that is currently under construction. He added that staff is in support of this request.
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 read the next case into record.
CASE NUMBER: USR-1695
APPLICANT: A&W Water Service, Inc
PLANNER: Chris Gathman
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for Oil and
Gas Support and Service Facility(water supply&storage; potash mixing and
storage;washout facility; reverse osmosis facility and production pipe and
equipment storage area)in the A(Agricultural)Zone District.
LEGAL DESCRIPTION: Part of the E2 of Section 31,T4N, R66Wof the 6th P.M.,Weld County, Colorado.
LOCATION: West of and adjacent to Highway 60 and Y mile north of CR 38.
Chris Gathman, Planning Services, commented that the applicant as well as staff is requesting that this
• case be continued to the January 5, 2010 meeting. The applicant is looking into removing two
components of this application and in order to do so it will require some additional review by Public Works
1
rrelfZ,7Z`JZLL a -c;-9ccti
and other referral agencies. This would allow them time to adequately review those changes to the
• application.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
Mark Lawley moved to continue USR-1694 to the February 2,2010 meeting and USR-1695 to the January 5,
2010 meeting, seconded by Roy Spitzer. Motion carried unanimously.
The Chair read the first case on the consent agenda into the record.
CASE NUMBER: USR-1716
APPLICANT: Weld County Public Works
PLANNER: Kim Ogle
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for Open
Pit Mining and Materials Processing (dry mining)of construction materials in the
A(Agricultural)Zone District.
LEGAL DESCRIPTION: SE4 of Section 1,T8N, R66W of the 6th P.M.,Weld County,Colorado.
LOCATION: North of and adjacent to CR 96 and west of and adjacent to CR 37.
Kim Ogle, Planning Services, commented that Public Works is requesting that this case remain on the
consent agenda.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Charles Tucker commented that he farms on County Roads 90 and 39. He said he is concerned with the
entire mining operation including the existing pit. He stated that they have two Creek Decrees. He added
that so far the gravel pit has injured his creek right due to the fact that there are junior rights above the
gravel pit that have several reservoirs. These are very junior to his rights and he cannot put a call on the
• creek due to the fact of the gravel pit.
Mr. Tucker commented that the gravel pit is illegal according to the constitution as it is blocking their
water. He is opposing this case because he believes that something should be done to make their water
rights whole.
Commissioner Grand asked staff to explain the impact of what Mr. Tucker had said in terms of who
oversees the protection of his water rights. Commissioner Holton said that this is a land use application
and water rights are heard through the water courts.
Cyndy Giauque, County Attorney, stated that if Mr. Tucker feels that his water rights have been impaired it
would go through water court.
Commissioner Berryman asked if staff is aware of Mr. Tucker's concerns and if these have been
discussed by staff. Mr. Ogle commented that this is the first time staff has heard of this issue by Mr.
Tucker.
Commissioner Holton suggested that Mr. Tucker talk to staff prior to the Board of County Commissioners
hearing to see if there is something that can be mitigated.
The Chair asked the members of the Planning Commission if they wish to hear this case. No one wished
to speak.
The Chair read the next case on the consent agenda into record.
CASE NUMBER: USR-1721
APPLICANT: Dan LaCoe
• PLANNER: Chris Gathman
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for a Use
by Right,an Accessory Use, or a Use by Special Review in the Commercial or
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SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
• Tuesday, October 6, 2009
A regular meeting of the Weld County Planning Commission was held in the Weld County Department of
Planning Services, Hearing Room, 918 10'" Street, Greeley, Colorado. The meeting was called to order by
Chair, Tom Holton, at 1:30 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, Chris Gathman, Brad Mueller, Department of Planning Services; Don Carroll, Janet
Carter, Department of Public Works; Lauren Light,Troy Swain, Department of Health;Cyndy Giauque, Bruce
Barker, County Attorney, and Kris Ranslem, Secretary.
Robert Grand moved to approve the September 1, 2009 Weld County Planning Commission minutes,
seconded by Erich Ehrlich. Motion carried.
The Chair read the first case into record.
• CASE NUMBER: USR-1694
APPLICANT: Keith Thoene
PLANNER: Kim Ogle
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for a Use
Permitted as a Use by Right, an Accessory Use, or a Use by Special Review in
the Commercial or Industrial Zone Districts(storage of construction materials-
steel doors and frames) in the A(Agricultural)Zone District.
LEGAL DESCRIPTION: Lot B RE-3050 being part of E2 NE4 in Section 25,T1 N, R65W of the 6th P.M.,
Weld County, Colorado.
LOCATION: West of and adjacent to CR 49 and south of and adjacent to CR 6.
Kim Ogle, Planning Services, commented that the applicant, Mr. Thoene, has applied for a USR that
requires a Certificate of Occupancy(CO)for his residence which is presently under construction. Given
that we do not have either a Temporary Certificate of Occupancy(TCO) or CO for this project staff is
asking for a continuance until the December 1, 2009 Planning Commission meeting.
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 read the next case into record.
CASE NUMBER: USR-1657
APPLICANT: Lafarge West, Inc
PLANNER: Kim Ogle
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for Mineral
Resource Development Facility, including Open Pit Gravel Mining and Materials
Processing, in the A(Agricultural)Zone District.
LEGAL DESCRIPTION: E2 SE4 Section 25; NE4 Section 36,T6N, R67W;and W2 SW4 Section 30; NW4
• Section 31,T6N, R66W of the 6th P.M., Weld County, Colorado.
LOCATION: South of and adjacent to CR 64.5 and East and West of, and adjacent to CR 25.
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Kim Ogle, Planning Services,commented that Lafarge West, Inc. has asked fora continuance until November
3, 2009 so that they can address concerns from the Department of Public Works. Staff is asking for a
continuance of one month with anticipation that we may ask for another continuance until February of 2010.
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 read the following case into record.
CASE NUMBER: USR-1705
APPLICANT: Land Airport LLC (Lloyd Land)
PLANNER: Chris Gathman
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for an
extension or expansion of a non-conforming use (private airstrip/airport) in the A
(Agricultural)Zone District.
LEGAL DESCRIPTION: Parcel 1-5, located in the E2 of Section 31, T2N, R64W of the 6th P.M.,Weld
County, Colorado.
LOCATION: South of and adjacent to CR 16 and west of and adjacent to CR 51.
Chris Gathman, Planning Services,commented that staff is requesting a continuance of this case to address
legal notification requirements. He stated that he has talked to the applicant regarding the continuance and is
requesting a continuance to the November 3, 2009 Planning Commission meeting.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
Robert Grand moved that Case USR-1694 be continued to the December 1, 2009 Planning Commission
meeting and Cases USR-1657 and USR-1705 be continued to the November 3, 2009 Planning Commission
meeting, seconded by Roy Spitzer. Motion carried.
The Chair read the first case on the consent agenda.
CASE NUMBER: USR-1707
APPLICANT: Joel Mendez
PLANNER: Chris Gathman
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for a Home
Business (parking of two semi-trucks and trailers) in the Agricultural Zone
Districts.
LEGAL DESCRIPTION: Lot A of RE-2176 being part of the W2 SW4 in Section 25,T1N, R65W of the
6th P.M., Weld County, Colorado.
LOCATION: East of and adjacent to CR 31 and approximately'/mile north of CR 18.
Chris Gathman, Planning Services, stated that staff is in favor of this case remaining on the consent
agenda.
The Chair asked if the applicant was available and if they wish for this case to remain on the consent
agenda. The applicant indicated that they wish for this item to remain on consent.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
CASE NUMBER: AmUSR-861
APPLICANT: Petro-Canada Resources (USA) Inc.
PLANNER: Kim Ogle
REQUEST: A Site Specific Development Plan and Amended Use by Special Review Permit
for a Mineral Resource Development Facility including Oil and Gas Support
• Services (upgrade of Lilli Plant)in the A(Agricultural)Zone District.
LEGAL DESCRIPTION: W2NE4NW4/SW4NW4/W2SW4/NW4NW4 of Section 4,T8N, R58W of the 6th
P.M.,Weld County, Colorado.
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7--7- 06
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
. Tuesday, July 7, 2009
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, Doug Ochsner, at 1:40 p.m.
ROLL CALL ABSENT
Doug Ochsner-Chair
Tom Holton.-Vice Chair -
Nick Berryman
Erich Ehrlich
Robert Grand
Bill Hall
Mark Lawley
Roy Spitzer
Also Present: Jacqueline Hatch, Chris Gathman, Brad Mueller,and Michelle Martin, Department of Planning
Services; Don Carroll, Don Dunker, and Janet Carter, Department of Public Works;Lauren Light, Department
of Health; Bruce Barker, County Attorney, and Kris Ranslem, Secretary.
Robert Grand moved to approve the June 2,2009 Weld County Planning Commission minutes, seconded by
Bill Hall. Motion carried.
The Chair read the first case into record.
• CASE NUMBER: USR-1694
APPLICANT: Keith Thoene
PLANNER: Jacqueline Hatch
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for a Use
Permitted as a Use by Right, an Accessory Use, or a Use by Special Review in
the Commercial or Industrial Zone Districts(storage of construction materials-
steel doors and frames) in the A(Agricultural)Zone District.
LEGAL DESCRIPTION: Lot B RE-3050 being part of E2 NE4 in Section 25,T1N, R65W of the 6th P.M.,
Weld County, Colorado.
LOCATION: West of and adjacent to CR 49 and south of and adjacent to CR 6.
Jacqueline Hatch, Planning Services, stated that the applicant is requesting that this case be continued to the
October 6, 2009 Planning Commission hearing. The applicant is requesting to have this case continued to
allow him the time to finish the construction of his home on the property. He is currently in violation; however
he has removed all items from his property and understands that he cannot store or operate any commercial
business activity on the site until his USR is approved and recorded.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
Robert Grand moved that Case USR-1694 be continued to the October 6, 2009 Planning Commission
meeting, seconded by Erich Ehrlich.
CASE NUMBER: 3RD AmUSR-1282
APPLICANT: John & Dorothy Johnson
PLANNER: Chris Gathman
REQUEST: 3r°AmUSR-1282-A Site Specific Development Plan and Third Amended Use by
Special Review Permit for an Agricultural Service Establishment primarily
• engaged in performing agricultural, animal husbandry,or horticultural services
on a fee or contract basis including Livestock Confinement Operations(a
livestock feeding operation for a total of 11,240 head of cattle including a dairy
operation and 20 horses, an additional milk parlor, office/scale house, additional
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lo ec,
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
•
Tuesday, June 2, 2009
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, Doug Ochsner, at 1:30 p.m.
ROLL CALL ABSENT
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r O
Doug Ochsner _c r�
Tom Holton C)
Nick Berryman PT1 Oc)
Paul Branham —' ri
Erich Ehrlich D CT)Robert Grand
Bill Hall C.O
Mark Lawley cn
Roy Spitzer
Also Present: Kim Ogle, Chris Gathman, and Brad Mueller, and Tom Honn, Department of Planning Services;
Don Carroll, Don Dunker, and Clay Kimmi, Department of Public Works; Lauren Light, Department of Health;
Bruce Barker, County Attorney, and Kris Ranslem, Secretary.
Robert Grand moved to approve the May 5,2009 Weld County Planning Commission minutes, seconded by
Bill Hall. Motion carried.
The Chair read the first case into record.
CASE NUMBER: USR-1694
APPLICANT: Keith Thoene
PLANNER: Jacqueline Hatch
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for a
Use Permitted as a Use by Right, an Accessory Use, or a Use by Special
Review in the Commercial or Industrial Zone Districts(storage of construction
materials-steel doors and frames) in the A(Agricultural)Zone District.
LEGAL DESCRIPTION: Lot B RE-3050 being part of E2 NE4 in Section 25, T1 N, R65W of the 6th
P.M., Weld County, Colorado.
LOCATION: West of and adjacent to CR 49 and south of and adjacent to CR 6.
Chris Gathman, Planning Services, stated that the applicant is requesting a continuance of this case.
Staff is recommending that the case be continued to July 7, 2009. Mr. Gathman commented that the
applicant is out of town and added that there are some discussions that will need to take place between
the Planning Department and the applicant in regard to the nature of his application and how he would like
to proceed with his application.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
Robert Grand moved to continue USR-1694 to the July 7, 2009 Planning Commission meeting, seconded
by Mark Lawley. Motion carried.
The Chair read the following case into record.
CASE NUMBER: USR-1691
• APPLICANT: Marcos Sanchez
PLANNER: Chris Gathman
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for a
Use Permitted as a Use by Right,Accessory Use, or Use by Special Review
in the Commercial or Industrial Zone Districts (recreational vehicle storage)in
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