HomeMy WebLinkAbout20083252.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-1658
APPLICANT: Michael Aberle
PLANNER: Michelle Martin
REQUEST: A Site Specific Development Plan and Use by Special Review for a Use
Permitted as a Use by Right,Accessory Use, or Use by Special Review in the
Commercial or Industrial Zone Districts(construction business)in the A
(Agricultural)Zone District.
LEGAL DESCRIPTION: Lot A of RE-4217 being part of the NE4 of Section 31 and NW4 of Section 32 all
in T1 N, R66W of the 6th P.M.,Weld County, Colorado.
LOCATION: South of and adjacent to CR 4 and east of State Highway 85.
be recommended favorably to the Board of County Commissioners for the following reasons:
1. 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. Due to the unique circumstances of this
facility and nature of the operation it matches the spirit of Section 23-2-220.A.1.
B. Section 23-2-260.E.2—Proof that a water supply will be available which is adequate in terms
of quantity, quality and dependability. There is an adequate water supply.
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 recommends that the following Conditions of Approval and Development Standards
be attached:
1. Prior to recording the plat:
A. 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. Drill envelopes can be delineated on
the plat in accordance with the State requirements as an attempt to mitigate concerns. The
plat shall be amended to include any possible future drilling sites. (Department of Planning
Services)
B. The plat shall be amended to delineate the following:
1. All sheets of the plat shall be labeled USR-1658. (Department of Planning Services)
2) The attached Development Standards. (Department of Planning Services)
3) County Road 4 is classified by the County as a collector road,which requires 80 feet
of right-of-way at full build out.The applicant shall verify the existing right-of-way and
the documents creating the right-of-way.The plat shall delineate the existing right-of-
way and the documents which created it along with any additional right-of-way.
(Department of Public Works)
4771i ,
2008-3252 a� r
Resolution USR-1658
Michael Aberle
Page 2
• 4) The off-street parking spaces including the access drive shall be surfaced with
asphalt, concrete, or the equivalent and shall be graded to prevent drainage
problems. Each parking space shall be equipped with wheel guards or curb stops
where needed to prevent vehicles from extending beyond the boundaries of the
space and from coming into contact with other vehicles,walls,fences, or plantings.
(Department of Planning Services)
5) This facility shall adhere to the number of on-site parking spaces indicated in
Appendix 23-B of the Weld County Code. The total number of on-site parking for
this facility shall be twelve (12) spaces, of which one (1) shall be a van accessible
handicapped parking stall meeting all of the requirements as set forth in the
Americans with Disabilities Act. (Department of Planning Services)
6) The applicant shall address and adhere to the American with Disabilities Act and
ADA standards for this facility at all times. Non-ambulatory/ ambulatory parking
spaces shall be identified and shown on the plat. This site will be required to meet
all requirements of the Americans with Disabilities Act. At least one space must be
van accessible. The parking spaces must be the closest possible to the entrance.
Signing will be required. Curb cuts, ramps and other methods of providing
accessibility shall be required to reasonably attempt to meet the requirements of this
Act. Should the applicant elect to not adhere to the previously discussed Federal
Standards, this office requests that the applicant outline how their proposed site
design mitigates the requirements of the American's with Disabilities Act.
(Department of Planning Services)
7) The plat shall be prepared in accordance with Section 23-2-260.D of the Weld
County Code. (Department of Planning Services)
• 8) The applicant shall delineate the trash collection areas. Section 23-3-350.H of the
Weld County Code addresses the issue of trash collection areas. Areas used for
storage or trash collection shall be screened from adjacent public rights-of-way and
adjacent properties. These areas shall be designed and used in a manner that will
prevent wind or animal scattered trash. (Department of Planning Services)
9. Outdoor storage of equipment, parts,and vehicles shall be screened from adjacent
properties and public rights of way.
C. The applicant shall enter into an Improvements Agreement according to policy regarding
collateral for improvements and post adequate collateral for all required improvements. The
agreement and form of collateral shall be reviewed by County Staff and accepted by the
Board of County Commissioners prior to recording the USR plat. The improvements
agreement will not be needed if the necessary improvements are done to the satisfaction of
the Department of Public Works and the Department of Planning Services. (Department of
Planning Services)
D. The applicant shall address the requirements (concerns) of the Weld County Building
Department as stated in the referral response dated 6/17/08. Evidence of such shall be
submitted in writing to the Weld County Department of Planning Services. (Weld County
Building Department)
E. In the event washing of vehicle will occur on site the applicant shall ensure that any vehicle
washing area(s) shall capture all effluent and prevent discharges from the washing of
vehicles in accordance with the Rules and Regulations of the Water Quality Control
Commission, and the Environmental Protection Agency. Vehicle washing areas should be
• designated on the plat. Evidence of such shall be submitted in writing to the Weld County
Department of Planning Services, (Department of Public Health and Environment)
Resolution USR-1658
Michael Aberle
Page 3
• F. In the event the applicant intends to utilize the existing septic system at the home, for
employee 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.
Alternately,the applicant can install a new septic system for subcontractors'use which shall
be installed according to the Weld County Individual Sewage Disposal Regulations. Evidence
of such shall be submitted in writing to the Weld County Department of Planning Services.
(Department of Public Health and Environment)
G. The applicant shall submit evidence of an Underground Injection Control (UIC) Class V
Injection Well permit from the Environmental Protection Agency (EPA) for any vehicle
maintenance facility located on the site that is equipped with a floor drain. Alternately, the
applicant can provide evidence from the EPA that they are not subject to the EPA Class V
requirements. (New EPA rule effective 4/5/2000). Evidence of such shall be submitted in
writing to the Weld County Department of Planning Services. (Department of Public Health
and Environment)
H. The applicant shall submit a dust abatement plan for review and approval, to the
Environmental Health Services, Weld County Department of Public Health & Environment.
Evidence of such shall be submitted in writing to the Weld County Department of Planning
Services. (Department of Public Health and Environment)
I. 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 such shall be submitted in writing to the Weld County Department of Planning Services.
The plan shall include at a minimum, the following:
1) A list of wastes which are expected to be generated on site (this should include
expected volumes and types of waste generated).
2) A list of the type and volume of chemicals expected to be stored on site.
3) The waste handler and facility where the waste will be disposed(including the facility
name, address, and phone number). (Department of Public Health and
Environment)
J. The applicant shall submit two (2) paper copies of the plat for preliminary approval to the
Weld County Department of Planning Services. (Department of Planning Services)
2. Upon completion of 1.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)
3. The Department of Planning Services respectively requests the surveyor provide a digital copy of this
Use by Special Review. Acceptable CAD formats are.dwg, .dxf,and.dgn(Microstation); acceptable
GIS formats are ArcView shapefiles,Arclnfo Coverages and Arclnfo Export files format type is .e00.
• The preferred format for Images is .tif(Group 4).(Group 6 is not acceptable). This digital file may be
sent to maps(a�co.weld.co.us. (Department of Planning Services)
Resolution USR-1658
Michael Aberle
Page 4
• 4. 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)
5. In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005,should the plat not
be recorded within the required sixty(60) days from the date the Board of County Commissioners
resolution was signed a $50.00 recording continuance charge may be added for each additional 3
month period. (Department of Planning Services)
Motion seconded by Paul Branham.
VOTE:
For Passage Against Passage Absent
Robert Grand
Bill Hall
Tom Holton
Doug Ochsner
Erich Ehrlich
Roy Spitzer
Paul Branham
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 November 18, 2008.
Dated the 18th of November, 2008.
Kristine Ranslem
Secretary
•
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
• Michael Aberle
USR-1658
1. A Site Specific Development Plan and 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,
(Construction Business) in the A(Agricultural) Zone District. (Department of Planning Services)
2. All equipment,trailers,tractors,and vehicles associated with the business must be located within the
screened area. (Department of Planning Services)
3. 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)
4. 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)
5. 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)
6. 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)
7. The applicant shall operate in accordance with the approved"waste handling plan." (Department of
• Public Health and Environment)
8. The facility shall be operated in accordance with the approved "dust abatement plan" at all times.
(Department of Public Health and Environment)
9. Any vehicle washing area(s)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. This facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone as
delineated in 25-12-103 C.R.S. as amended. (Department of Public Health and Environment)
11. Adequate drinking, handwashing and toilet facilities (bottled water and portable toilets) shall be
provided for subcontractors and patrons of the facility, at all times. (Department of Public Health and
Environment)
12. 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)
13. 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) (Department of Planning
Services)
14. Effective August 1, 2005, Building Permits issued on the proposed lots 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)
15. The landscaping and screening on site shall be maintained in accordance with the approved
• Landscape/Screening Plan. (Department of Planning Services)
Resolution USR-1658
Michael Aberle
Page 6
16. The hours of operation will be limited to 7:00 am -6:00 pm Monday through Friday and 10:00 am -
noon on Saturday. (Department of Planning Services)
17. The number of employees for the business shall be limited to twelve (12) persons. (Department of
Planning Services)
18. All vehicles located on the property must be operational and with current license plates and tags.
(Department of Planning Services)
19. Should noxious weeds exist on the property or become established as a result of the proposed
development the applicant/landowner shall be responsible for controlling the noxious weeds, pursuant
to Chapter 15, Articles I and II of the Weld County Code. (Department of Planning Services)
20. A plan review is required for each building for which a building permit is required.Two complete sets
of plans are required when applying for each permit. Include a Code Analysis Data sheet provided by
the Weld County Building Department with each Building permits Submittal plans shall include a floor
plan showing the specific uses of each area for the building. The Occupancy Classification will be
determined by Chapter 3 of the 2006 International Building Code. The plans shall also include the
design for fire separation and occupancy separation walls,when required by Chapter 5 and 7 of the
2006 International Building Code. Fire Protection shall conform to Chapter 9 and exiting requirements
by Chapter 10. (Department of Building Inspection)
21. Buildings shall conform to the requirements of the various codes adopted at the time of permit
application. Currently the following has been adopted by Weld County: 2006 International Building
Code; 2006 International Mechanical Code; 2006 International Plumbing Code; 2006 International
Fuel Gas Code; and the 2008 National Electrical Code and Chapter 29 of the Weld County Code.
(Department of Building Inspection)
•
22. Any building plans shall be submitted to the Greater Brighton Fire Protection District for approval.
(Department of Building Inspection)
23. On-site lighting, including security lighting if applicable shall maintain compliance with Section 23-3-
250.B.6 of the Weld County Code. (Department of Planning Services)
24. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code.
25. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250, Weld County Code.
26. 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.
27. 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.
28. 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.
II - It - aOd2�
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
• Tuesday, November 18, 2008
A regular meeting of the Weld County Planning Commission was held in the Southwest Weld County
Conference Room, 4209 CR 24.5, Longmont, Colorado. The meeting was called to order by Chair, Doug
Ochsner, at 1:30 p.m.
ROLL CALL ABSENT
Doug Ochsner-Chair
Tom Holton -Vice Chair
r.�
Nick Berryman
Paul Branham
Erich Ehrlich
Robert Grand
Bill Hall
Mark Lawley Roy Spitzer
Also Present: Michelle Martin, Kim Ogle, Department of Planning Services; Don Dunker, Don Carroll,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 November 4, 2008 Weld County Planning Commission minutes,
seconded by Tom Holton. Motion carried.
CASE NUMBER: CZ-1148
APPLICANT: Glaze Industrial Properties LLC
• PLANNER: Michelle Martin
REQUEST: Change of Zone from the A(Agricultural)Zone District to the 1-3(Industrial)Zone
District.
LEGAL DESCRIPTION: Part NW4 of Section 20,T1 N, R66W of the 6th P.M.,Weld County, Colorado.
LOCATION: South of and adjacent to CR 8 and East of and adjacent to CR 27.
The Chair asked Ms. Martin if she wishes for this case to remain on consent. She replied yes.
The Chair asked if the applicant was here. The applicant was not available.
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 if any of the Planning Commissioners wished to hear this case. No one wished to speak.
Bill Hall moved that Case CZ-1148, be 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 Erich Ehrlich. Motion carried unanimously.
The Chair read the following case into record.
— CASE NUMBER: USR-1658
APPLICANT: Michael Aberle
PLANNER: Michelle Martin
REQUEST: A Site Specific Development Plan and Use by Special Review for a Use
Permitted as a Use by Right,Accessory Use, or Use by Special Review in the
Commercial or Industrial Zone Districts(construction business)in the A
(Agricultural)Zone District.
• LEGAL DESCRIPTION: Lot A of RE-4217 being part of the NE4 of Section 31 and NW4 of Section 32 all
in-11N, R66W of the 6th P.M.,Weld County, Colorado.
LOCATION: South of and adjacent to CR 4 and east of State Highway 85.
Michelle Martin, Planning Services, stated that the sign announcing the Planning Commission hearing was
posted November 1, 2008.
• The site is located south of and adjacent to County Road 4 and east of State Highway 85.
Section 22-2-60.F of the Weld County Code (A.Goal 6)states, "Public facilities and services such as
sewer, water, roads, schools, and fire and police protection, must be provided and developed in a timely,
orderly and efficient manner to support the transition of agricultural land to other development uses. In
evaluating a land use application, County representatives and the applicant will consider the public
facilities and services goals and policies."
A.Policy 6.2. "Applicants for development are responsible to determine the status of a water well through
the State Division of Water Resources and shall be aware that ownership of a parcel of land with a well
does not guarantee the use of the well.The State Division of Water Resources shall be contacted by the
applicant."
The applicant is proposing to utilize a domestic well for the proposed business. According to the State of
Colorado, Division of Water Resources in a letter dated April 1, 2008 the only well on site is Well Permit
No. 241019-A which is permitted for fire protection, ordinary household purposes inside not more than 1
single family dwelling, irrigation of not more than 1 acre of home gardens and lawns, and the watering of
domestic animals. The Division of Water Resources also states that the well can not be used for the
business including the contractors/employees accessing the site. The Division of Water Resources in a
letter dated October 1, 2008 state that the applicant would need to apply for a commercial well which
would allow water for the business but not outside irrigation. The applicants, at this time, have not applied
to change the existing well to commercial. Therefore the proposed development does not have an
adequate supply of water as required by Section 23-2-260.E.2 of the Weld County Code.
Currently the property is in violation (ZCV08-00020)for operating a commercial business on the property
without an approved and recorded Use by Special Review(USR).
•
Planning Staff is recommending denial of the application at this time due to the inadequacy of water
supply.
Ms. Martin indicated on a visual slide that the majority of the operation of the business is conducted in the
rear of the site or south of the house.
This area is primarily agricultural in use.
Ms. Martin stated that the applicant is here to answer any questions, as well as Public Works and the
Health Department.
Mike Aberle, 12988 CR 4, purchased the property two years prior to receiving a letter in order to come into
compliance with the business. He added that since then he has worked very hard and has complied with
everything; however the water seems to be the biggest problem.
Mr. Aberle stated that he has some subcontractors which come to the property and access the site for
approximately five minutes. He added that he doesn't use anybody full-time; they are only subcontractors.
They are there for a few minutes at a time to pick up the materials that he has stored. He is requesting to
provide a port-a-potty or something similar that would satisfy the concern. He added that for the two years
prior to this no one has ever used his bathroom. He understands it is a Weld County code issue but has
checked on pricing and it is very economical for him to provide bottled water and a port-a-potty at this
time.
Mr. Aberle commented that he wishes to continually make improvements to the property but as a small
business owner he can only afford to do these improvements in steps. He added that he will submit the
• Well Permit Application to the State Water Department if it is his only option to turn this well into a
commercial use. He commented that according to the State it would take approximately two weeks to
process. He expressed that he does not wish to do that because it will keep him from watering his outside
2
property and added that he has some newly planted trees and grass which he wishes to keep.
• Commissioner Ochsner asked Mr. Aberle to point out on the map presented in the slides where his
landscaping is located. Mr. Aberle pointed out the area north and west of the house.
Commissioner Ocshner asked if the house on the property belonged to the applicant. Mr. Aberle replied
yes.
The Chair asked the Health Department for their comments.
Lauren Light, Environmental Health, commented that since this isn't a temporary use they do not support
bottled water or portable toilets. Environmental Health only supports that when it is for seasonal use or if it
is six(6) months or less. Since this is a full-time year round use no matter how many employees there are
the Health Department requires a permanent water source and permanent sewage disposal system.
Unfortunately even if he would use the bathroom in his house for the employees he would still have to re-
permit his well because there is water going towards the business.
Ms. Light stated that they received a letter from Mr. Aberle dated September 23, 2008 indicating that there
is not going to be any washing of vehicles on site and that there is no floor drains. Therefore if approved,
Conditions of Approval 1.F and 1.H could be deleted.
Ms. Light added that the applicant submitted a Dust Abatement Plan, and a Waste Handling Plan;
however she will need some more information on those items.
Ms. Light commented that there is a noise standard which is restricted to the commercial level.
She added that Development Standards 4-14 address Environmental Health items.
Commissioner Holton asked what the landscaping plan entails. Ms. Martin said that Mr. Aberle is planning
to screen the business with a fence.
The Chair asked for comments from Public Works.
Don Carroll, Public Works, commented that County Road 4 is a paved collector road. Most recent traffic
counts reflect 885 ADT so it is heavily used.
The access is existing for the residence and the construction business. The circulation pattern appears to
be adequate. He added that there is plenty of room for off street parking.
The applicant did supply Public Works with a Stormwater Drainage Report which they have reviewed and
find acceptable.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Steve Shrek, 16225 E 107th Place, Commerce City. Mr.Shrek commented that professionally he is involved
with regulatory compliance but he is here as a friend of Mr.Aberle. He stated that the issue is the bathroom
and handwashing. He asked if it would be a possible to grant a variance on those issues which would allow
this to go forward and then the Board of County Commissioners could revisit that at a later date.
Commissioner Ochsner understands the applicant's dilemma as there is very minimal use. He asked if there
were any options with regard to the water and sewage system. Ms. Light asked the Commissioners to keep in
mind that Development Standard #19 states 12 employees on the site.
Commissioner Branham commented that the employees are only coming or going. Ms. Light said that they
look at it any time that there is a business and it's a full-time business no matter how many people are coming
• in and out. They require it as a policy of the Health Department. Ms. Light indicated that it doesn't mean you
can't waive that.
3
Commissioner Holton asked if the 12 employees are based on potential future expansion. Ms. Martin
commented that the applicant has indicated that the primary employees would be subcontractors but that it
• doesn't preclude him from having full-time employees in the future. She said that staff has no way of
monitoring the length of time the employees are there. She added that the couple times she has visited the
site to take pictures there has been at a minimum 2-3 people on site for approximately 15 minutes or longer.
Commissioner Ochsner asked if the Planning Commission has the ability to waive the standard or what
options they may have. Bruce Barker,County Attorney,commented that when you look at the standard it is a
requirement that the applicant has to prove that in their application. In essence you weigh the evidence on
both sides and make a determination if they have met that requirement. The requirement says that they are
suppose to provide supporting documents that proof of adequate water supply will be available in terms of
quantity,quality and dependability. He said that the Planning Commission is the determiner of whether or not
it is adequate for the purpose to which the property is being used. Short answer is that the Planning
Commission does have the ability not to waive the requirement but to find whether it has been met.
Commissioner Holton clarified that the code doesn't specifically state that this well has to be a commercial well
as recognized by the State. Mr. Barker replied that it does not and added that it just says the water supply will
be available which is adequate in terms of quantity,quality and dependability. He added that the evidence you
have from the State is that the well that is there is not sufficient for a business.
Commissioner Ehrlich wished to clarify if the applicant indicated on the application that he operates seasonally
and based on that if he would be allowed to have bottled water and portable toilets. Ms.Light stated that this
is a full-time business year round. Mr. Ehrlich understood that but commented that the applicant indicated on
his application that he was seasonal.
Commissioner Branham asked that instead of a port-a-potty or bottled water, can he have a more permanent
system such as a vault. Ms. Light commented that when water is available the Health Department does not
support a vault.
• Ms. Martin clarified that according to the application the applicant's business peak time is in the summer and
indicated that there were more employees in the summer versus the winter months. However, it is a full year
round operation.
Commissioner Ochsner asked if the applicant could address the habits of his employees.
Mr. Aberle stated that when he started filling out the application he was told to use higher numbers for any
future expansion. He commented that according to his records there were 11 subcontractors and including
himself he arrived at the 12 employees. Mr.Aberle expressed that never in one day would all 12 employees
be on site.
Commissioner Grand said that according to the applicant the amount of equivalent man hours on site would
be significantly below 12 times 8 hours. Mr.Grand recognized the use as a part time use of the facility rather
than a 12 person full-time daily operation and asked staff if that made a difference. Ms. Martin stated that it
does not and it is up to the applicant to determine how long the employees are on the property. She added
that staff cannot regulate the length of time that they are there. We just need to make sure that when those
employees are on site that they have a means to use a restroom and water while they are there. The State
does not distinguish the difference in terms of usage of the well if they are there 15 minutes on site or if they
are there for a few hours. If the well is being used for any type of activity associated with the business it needs
to be re-permitted.
Commissioner Grand commented that he understands the regulatory issue but added that in this case it is a
significantly different application of activity at the site versus the theoretical. He added that there should be
some means of adjusting that.
Mr. Aberle commented that his business is semi-seasonal. He does work year round but during the winter
months it is significantly less, specifically 1-2 employees. He added that the possibility for all 12 employees
•
coming to the site in one day is highly unlikely.
4
Commissioner Branham asked the applicant how long he has operated the business and how he has handled
the water issue previously. Mr. Aberle replied that he has had the property for two(2)years and no one has
• used the bathroom once just because they are not there long enough. He added that if the employees would
have asked to use a restroom he would have allowed them to utilize his personal bathroom. He commented
that if a port-a-potty would be readily available it may get used a few times.
Commissioner Branham asked Mr. Aberle if he would be comfortable providing a port-a-potty and bottled
water if required. Mr. Aberle replied yes and does plan to continually make improvements to the property
including re-permitting the well to commercial use.
Commissioner Holton asked Ms. Light to clarify if the existing septic system can be used. Ms.Light said that if
the applicant uses the existing one it goes back to the water issue because it is supplied by that well.
Everything is tied to that commercial well permit.
Commissioner Branham referred to Condition of Approval 1.A on Page 4 and suggested amending it to say
that the applicant shall provide adequate bottled water and portable toilets.
Commissioner Grand added that in addition to that implying the temporary nature of the work force on the site
be included so that if the applicant eventually went to a full-time position it would have to be revisited.
Commissioner Holton asked how that would be controlled.
Commissioner Ehrlich asked if there was something that could be added in the Development Standards which
would say that to a certain degree if the applicant's business was to grow that it would bring him back because
the use has changed.
Commissioner Holton referred to Mr. Barker's comment with regard to showing that the water supply is
adequate. He feels that the State's definition of the commercial well is very limited just to drinking water and
sanitary services. He commented that if the County is going to require landscaping,which may include plants
• and you have a commercial well, how are you going to do that.
Robert Grand moved to delete Development Standards 12 and 13 and amend#11 to read"Adequate drinking,
handwashing, and toilet facilities(bottled water and portable toilets)shall be provided for subcontractors and
patrons of the facility, at all times." Paul Branham seconded the motion
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Nick
Berryman, absent; Paul Branham, yes; Erich Ehrlich, yes; Robert Grand, yes ; Bill Hall, yes with comment;
Mark Lawley, yes; Roy Spitzer, absent;Tom Holton,yes; Doug Ochsner,yes with comment. Motion carried.
Commissioner Hall commented that he believes this is an unusual situation that staff does not have the
leeway to interpret it this way; however he believes that this is a proper use of the actual use of the property.
Commissioner Ochsner urged the applicant to pursue the commercial well in the future where he has the
ability to do more with it. He believes that it will be a good temporary fix for the business and would like to
encourage new business.
Commissioner Grand suggested amending Development Standard#19 to read"12 part-time persons"rather
than "12 persons"to reflect the reduced usage of the facility as opposed to staffs original interpretation.
There was a lengthy discussion on amending Development Standard 19, specifically with regard to the
number of persons and intensity on site. The Planning Commission concluded to leave Development
Standard #19 as written.
Commissioner Holton asked staff if they would support bottled water on a temporary basis to allow the
applicant to establish his trees and then obtain a commercial well permit within 12 months. Ms. Martin said
that staff's ultimate goal is to get him to have a permanent water supply. Therefore if we need to have a
•
temporary situation she commented that staff would be in more support of him having a commercial well now
or in a few months versus providing the bottled water and port-a-potties.
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Paul Branham moved to delete Condition of Approval 1.A and re-letter accordingly, seconded by Robert
• Grand.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Nick
Berryman,absent; Paul Branham,yes; Erich Ehrlich, no; Robert Grand, yes; Bill Hall, yes; Mark Lawley, no;
Roy Spitzer, absent; Tom Holton, no; Doug Ochsner, yes. Motion carried.
The Chair asked the applicant if he has read through the amended Development Standards and Conditions of
Approval and if he is in agreement with those. Mr. Aberle replied that he is in agreement.
Robert Grand moved that Case USR-1658, 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 Paul Branham.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Nick
Berryman,absent; Paul Branham,yes with comment; Erich Ehrlich, no;Robert Grand,yes with comment;Bill
Hall,yes;Mark Lawley, no with comment; Roy Spitzer,absent;Tom Holton,no with comment;Doug Ochsner,
yes with comment. Motion carried.
Commissioner Grand said that due to the unique circumstances of this facility and nature of operation it
matches the spirit of Section 23-2-220.A.1.
Commissioner Branham reiterated Mr. Grand's comments. He added that he believes that the adequate
water is present now.
Commissioner Lawley commented that the approval of this application creates problems in the future in the
event that the owner sold the business or the current business being conducted on site changes.
• Commissioner Holton commented that this really needs to be fixed with a commercial well permit. He
understands the applicant's problem and does not agree with the way that the State has restricted use on the
commercial well.
Commissioner Ochsner cited Section 23-2-260.E.2 and believes that there is an adequate water supply. He
added that he agrees with Commissioner Holton that a commercial well needs to be on this place but the
State's interpretation of that well is something that we cannot argue with. Therefore this is the best way to
satisfy the application.
The Chair called a recess at 2:36 p.m.
The Chair called the meeting back to order at 2:45 p.m. and read the next case into record.
CASE NUMBER: USR-1676
APPLICANT: Vestas Wind Systems A/S
PLANNER: Kim Ogle
REQUEST: 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 1-3
(Industrial)Zone District, including research, repairing, manufacturing,
fabricating, processing, assembling,or storage nature(Industrial manufacturing
facility-Vestas)in the A(Agricultural)Zone District.
LEGAL DESCRIPTION: Part NW4, Lying East of Union Pacific Railroad; N2SW4, East of the RR also
part NE4SW4;and a portion of Lot B of AmRE-1058 being part NE4SW4
together with a portion of the NW4SE4 Section 29,Ti N, R66W of the 6th P.M.,
Weld County, Colorado.
LOCATION: South of and adjacent to CR 6; East of CR 27; 0.25 miles north of CR 4,
generally East of and adjacent to the Union Pacific Railroad.
• Kim Ogle, Planning Services,stated that this application is for a Site Specific Development Plan and Special
Use Permit for Vestas Blades America, Inc who seek approval for their Brighton Blades and Nacelle campus
facility. The application is being processed through Weld County with annexation into the City of Brighton
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