HomeMy WebLinkAbout20091648.tiffBEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Tom Holton, 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:
APPLICANT:
PLANNER:
REQUEST:
LEGAL DESCRIPTION:
LOCATION:
USR-1696
Manuel & Anita Balderas
Jacqueline Hatch
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 (auto sales, salvage, services, and
repair) in the A (Agricultural) Zone District.
Lot A RE -2012 being part of E2 NE4 being in Section 30, T2N, R66W of the 6th
P.M., Weld County, Colorado.
West of and adjacent to State Highway 85 and south of and adjacent to CR 18.
be recommended favorably to the Board of County Commissioners for the following reasons:
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 a single family home and two outbuildings. The applicant is proposing
to construct a new building (60x100) on site for the business. The site is currently fenced and
all outdoor storage of materials will be located within the screened area. The property is
serviced by a commercial well and an individual sewage disposal system. The property is
currently in violation (ZCV08-00385) due to the operation of M & B Towing and salvage yard
without first obtaining the appropriate zoning permits.
The surrounding properties are zoned (A) Agricultural and there are five property owners
within 500' of the site. The proposed use would be compatible with the region since any
outdoor storage of materials will be located in a screened area.
No comments have been received from surrounding property owners. Three letters of
support were submitted with the application material from the Colorado State Patrol, City of
Brighton Police Department and the City of Fort Lupton Police Department.
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.R allows for any use permitted as a Use by Right, an
accessory use, or a Use by Special Review in the commercial or industrial zoned districts 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 primarily zoned (A) Agricultural. There are two properties
located to the north east of the site that are zoned (1-3) Industrial that both are being utilized
for industrial uses. The City of Fort Lupton is located approximately 1/2 mile to the south. The
closest home is located approximately''/ mile to the west. State Highway 85 is adjacent to
the property to the east. AMUSR-1255 fo a aravel pit is located approximately'/ mile to the
EXHIBIT
2009-1648
LISP —UV.
Resolution USR-1696
Manuel & Anita Balderas
Page 2
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west. The proposed use would be compatible with the region since any outdoor storage of
materials will be located within a screened area.
The property is located within the three mile referral area for the City of Fort Lupton. No
comments were received from the City of Fort Lupton.
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.
Staff believes that the Conditions of Approval and Development Standards will ensure that
the use will be compatible with existing surrounding land uses. The outdoor storage of
materials will be kept in an opaque 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" land as delineated on the Important
Farmlands of Weld County map, dated 1979. The property is approximately 3.5 acres in size
and is not currently being utilized for agricultural purposes.
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.
The site is currently in violation (ZCV08-00385) due to the operation of M & B Towing and salvage yard without
first obtaining the necessary Weld County Permits. This application if approved by the Board of County
Commissioners will correct the violation. If this application is denied staff is requesting that the violation case
be referred to the County Attorney's Office, but delay legal action for thirty (30) days in order to give the
applicant adequate time to remove all commercial storage and operations from the property.
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
Resolution USR-1696
Manuel & Anita Balderas
Page 3
Environment. Evidence of approval shall be submitted to the Weld County Department of
Planning Services. (Department of Public Health and Environment)
B. The applicant shall submit evidence of an Air Pollution Emission Notice (A.P.E.N) and
Emission Permit application from the Air Pollution Control Division, Colorado Department of
Public Health and Environment, if applicable. Alternatively, the applicant can provide
evidence from the APCD that they are not subject to these requirements. Evidence of
approval shall be submitted to the Weld County Department of Planning Services.
(Department of Public Health and Environment)
C. In the event that 1 or more acres are disturbed during the construction and development of
this site, the applicant shall obtain a stormwater discharge permit from the Water Quality
Control Division of the Colorado 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)
D. 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)
E. The applicant shall address the requirements of the Department of Public Works referral as
stated in the response dated March 30, 2009. Written evidence of such shall be submitted in
writing to the Department of Planning Services. (Department of Planning Services)
F. The applicant shall address the requirements of the Department of Planning Services
Landscape referral as stated in the response dated March 18, 2009. Written evidence of
such shall be submitted in writing to the Department of Planning Services. (Department of
Planning Services)
G. The applicant shall address the requirements of the Department of Building Services referral
as stated in the response dated April 16, 2009. Written evidence of such shall be submitted
in writing to the Department of Planning Services. (Department of Planning Services)
H. The applicant shall address the requirements of the Fort Lupton Fire Protection District
referral as stated in the response dated March 27, 2009. Written evidence of such shall be
submitted in writing to the Department of Planning Services. (Department of Planning
Services)
The applicant shall address the requirements of the State of Colorado Department of
Transportation referral as stated in the response dated April 16, 2009. Written evidence of
such shall be submitted in writing to the Department of Planning Services. (Department of
Planning Services)
J. The applicant shall submit an Improvements Agreement. The applicant shall submit to the
Department of Planning Services an itemized exhibit A and exhibit B for review. 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.
Alternatively, applicant may submit evidence that all the work has been completed and
approved by the Department of Planning Services and the Department of Public Works.
(Department of Planning Services)
Resolution USR-1696
Manuel & Anita Balderas
Page 4
2. The plat shall be amended to delineate the following:
A. All sheets of the plat shall be labeled USR-1696. (Department of Planning Services)
B. The attached Development Standards. (Department of Planning Services)
C. The existing and future right-of-way for State Highway 85 shall be delineated on the plat.
(Department of Public Works)
D. County Road 18 is designated on the Weld County Road Classification Plan as a collector
status road, which requires 80 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)
E. The location of the dumpsters and enclosures shall be delineated on the plat. (Department of
Planning Services)
F. The primary and secondary septic system locations do not need to be delineated on the plat
therefore they can be removed. (Department of Public Health and Environment)
G. The plat shall be prepared in accordance with Section 23-2-260.D of the Weld County Code.
(Department of Planning Services)
3. Prior to issuance of the Certificate of Occupancy:
A. An individual sewage disposal system is required for the proposed site 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. Evidence of approval shall be
submitted to the Weld County Department of Planning Services. (Department of Public
Health and Environment)
4. Upon completion of 1. and 2. 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)
5. 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.
6. 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, Arcinfo Coverages and ArcInfo 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
senttomaps@co.weld.co.us. (Department of Planning Services)
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 Robert Grand.
Resolution USR-1696
Manuel & Anita Balderas
Page 5
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VOTE:
For Passage
Robert Grand
Bill Hall
Tom Holton
Doug Ochsner
Erich Ehrlich
Against Passage Absent
Roy Spitzer
Mark Lawley
Nick Berryman
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 July 7, 2009.
Dated the 7th of July, 2009.
,l,(,k141Le-
Kristine Ranslem
Secretary
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SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Balderas
USR-1696
1. A Site Specific Development Plan and a Special Review Permit for a Use by Right, an accessory use,
or a Use by Special Review in the Commercial or Industrial Zone District (auto sales, salvage,
services, and repair) 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 are 9:00am to 5:00pm Monday through Friday, 8:00am to 2:00pm on
Saturdays, closed on Sunday and Holidays. Towing services will be conducted 24 hours a day 7 days
a week. (Department of Planning Services)
4. No more than 10 employees are permitted 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. Any vehicle or equipment 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)
10. 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)
11. This facility shall adhere to the maximum permissible noise levels allowed in the Industrial Zone as
delineated in Section 14-9-30 of the Weld County Code. (Department of Public Health and
Environment)
12. 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)
13. Adequate toilet facilities (portable toilets) and hand washing units shall be provided during the
construction of the facility. (Department of Public Health and Environment)
14. Bottled water shall be utilized for drinking during construction of the project. (Department of Public
Health and Environment)
• 15. Adequate hand washing and toilet facilities shall be provided for employees and patrons of the facility,
at all times. (Department of Public Health and Environment)
Resolution USR-1696
Manuel & Anita Balderas
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16. A permanent, adequate water supply shall be provided for drinking and sanitary purposes. The facility
shall utilize the existing commercial well (permit 67171-F). (Department of Public Health and
Environment)
17. All potentially hazardous chemicals must be stored and handled in a safe manner in accordance with
product labeling and in a manner that minimized the release of hazardous air pollutants (HAP's) and
volatile organic compounds (VOC's). (Department of Public Health and Environment)
18. 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)
19. 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)
20. 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)
21. Effective January 1, 2003, Building Permits issued on the lot will be required to adhere to the fee
structure of the Weld County Road Impact Program. (Ordinance 2002-11) (Department of Planning
Services)
• 22. Effective August 1, 2005, Building permits issued on the subject site will be required to adhere to the
fee structure of the Capital Expansion Impact Fee and the Stormwater/Drainage Impact Fee.
(Ordinance 2005-8 Section 5-8-40) (Department of Planning Services)
23. The 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)
24. The applicant shall adhere to the approved Screening Plan. (Department of Planning Services)
25. No parking or staging is allowed on County Roads or State Highways. (Department of Planning
Services)
26. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code.
27. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250, Weld County Code.
28. 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)
29. Buildings shall conform to the requirements of the various codes adopted at the time of permit
• application. (Department of Building Inspection)
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Resolution USR-1696
Manuel & Anita Balderas
Page 8
30. All building plans shall be submitted to Fort Lupton Fire Protection District for review and approval
prior to issue of Building Permits. (Department of Building Inspection)
31. 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)
32. 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.
33. 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.
34. 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.
35. 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
Resolution USR-1696
Manuel & Anita Balderas
Page 9
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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.
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LEGAL DESCRIPTION
LOCATION:
pens, and removing the limit of 2,000 dairy cattle (out of the 11,240 head total)
associated with the operation amended to include a new stormwater pond and
effluent storage, a new sediment basin, commodity area and expansion of the
compost area) in the A (Agricultural) Zone District.
Lot B of AmRE-499, Lot B of RE -3535, Lot A of AmRE-3535, and Lot A of RE -
3705; located in the NW4, the SW4NE4 and the N2SE4 of Section 1, T6N,
R65W of the 6th P.M., Weld County, Colorado.
East of and adjacent to CR 47 and South of and adjacent to CR 74.
Chris Gathman, Planning Services, requested a continuance of this case to the August 4, 2009 Planning
Commission hearing to address newspaper notification. He added that staff submitted an amended legal
notice however it did not get published in the paper. In order to meet notification requirements, staff is
requesting a continuance until August 4, 2009.
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 that Case 3r° AmUSR-1282 be continued to the August 4, 2009 Planning Commission
meeting, seconded by Tom Holton.
Bill Hall stated that he is an acquaintance with the applicants for USR-1701 but feels that he can make a fair
judgment in their case. In addition, he has been friends with the applicants for a number of years for USR-
1651 and feels that he can make an impartial judgment with this case as well.
Robert Grand disclosed that he has a business relationship will Mr. Balderas and added that he has no
interest in this piece of property. He stated that he feels that he can make a fair recommendation with regard
to this case.
The Chair asked the Planning Commissioners or any members of the public if they feel that these two
Commissioners could not make a fair judgment in any of these cases. There was no comment.
The Chair read the first case on the consent agenda into record.
CASE NUMBER: USR-1696
APPLICANT: Manuel & Anita Balderas
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 (auto sales, salvage, services, and
repair) in the A (Agricultural) Zone District.
LEGAL DESCRIPTION: Lot A RE -2012 being part of E2 NE4 being in Section 30, T2N, R66W of the 6th
P.M., Weld County, Colorado.
LOCATION: West of and adjacent to State Highway 85 and approximately 1/8 mile south of
CR 18.
Jacqueline Hatch, Planning Services, commented that staff is in support of this application remaining on
the consent agenda.
The Chair asked the applicant if they wish for this case to remain on consent. The applicants indicated
yes.
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 Planning Commissioners if they wish for this case to be heard. No one wished to
speak.
The Chair read the following case into record.
CASE NUMBER: USR-1701
APPLICANT: Hadley Barrett & Lee Brenner -Barrett
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PLANNER:
REQUEST:
LEGAL DESCRIPTION
LOCATION:
Jacqueline Hatch
A Site Specific Development Plan and Use by Special Review Permit for a
kennel (15 dogs and grooming) and one single family dwelling unit per lot
(second home on the property) in the A (Agricultural) Zone District.
Lot B of RE -1568 being part of SE4 of Section 32, T5N, R64W of the 6th P.M.,
Weld County, Colorado.
Approximately 1/4 mile North of CR 50 and approximately 1/4 mile west of CR
53.
Jacqueline Hatch, Planning Services, commented that staff is in support of this application remaining on the
consent agenda. She added that staff is asking for a minor change to the staff comments. She
recommended that Item 1.E in regard to the Improvements Agreement be removed from the Conditions of
Approval. Ms. Hatch added that the applicant is aware of this change.
Tom Holton moved to remove Condition of Approval Prior to Recording the Plat Item 1.E, seconded by Nick
Berryman. Motion carried.
The Chair asked the applicant if they wish to keep this item on the consent agenda and if they are in
agreement with the amended conditions of approval. The applicant indicated yes.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
Tom Holton moved that the Consent Agenda including Cases USR-1696 and USR-1701 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 Robert Grand. Motion carried
unanimously.
The Chair read the first hearing case into record.
CASE NUMBER:
APPLICANT:
PLANNER:
LEGAL DESCRIPTION
REQUEST:
LOCATION:
USR-1651
Jay & Sherrie Woods
Chris Gathman
Part of the SW4SE4 of Section 36, T6N, R66W of the 6th P.M., Weld County,
Colorado.
A Site Specific Development Plan and Special Use Permit for any use permitted
as a Use by Right, an ACCESSORY USE, or a Use by Special Review in the
COMMERCIAL or Industrial Zone Districts, (Lawn Tree and Care Business)
provided tl at the property is not a Lot in an approved or recorded subdivision
plat or lots parts of a map or plan filed prior to adoption of any regulations
controlling subdivision and One (1) SINGLE-FAMILY DWELLING UNIT per LOT
other than those permitted under Section 23-3-20.A (addition of future single-
family home) in the A (Agricultural) Zone District.
South of and adjacent to "F Street and 1/8 mile west of "C" Street.
Chris Gathman, Planning Services, wished to make a clarification to this application. In the original
application the applicant had requested one additional single family residence; however after some
conversations with the applicant that has now been removed from this application. Therefore the request
addresses only the lawn and tree care business.
The site is located south of and adjacent to "F" Street and 1/8 mile west of "C" Street.
Thirteen referral agencies reviewed this case and eleven referral agencies responded. Referral agency
recommendations and requirements have been addressed through development standards and conditions
of approval.
The site is adjacent to the City of Greeley municipal boundaries to the west, a single-family residence to
the west (zoned R-1 residential), two single-family residences to the north and west (zoned R-1
residential), and an industrial operation (zoned 1-3 Industrial) to the northeast. Railroad tracks and single-
family residences located within the City of Greeley are located to the south.
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