HomeMy WebLinkAbout20070154.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Bruce Fitzgerald, 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: 2AmUSR-726
APPLICANT: Ralph Nix Produce Inc
PLANNER: Brad Mueller
LEGAL DESCRIPTION: Lot A of RE-850; Pt SE4 of Section 14, T4N, R66W of the 6th P.M., Weld
County, Colorado.
REQUEST: A Site Specific Development Plan and a 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 District(for Onion Storage and Processing Facility, Lawn Mower Warehouse, Fencing
Manufacturing Facility, Offices, Warehousing and Transfer Facilities), and Agricultural Service
establishments primarily engaged in performing agricultural animal husbandry or horticultural services on
a fee or contract basis including: sorting, grading and packing fruits and vegetables; crop dusting or
spraying operations facilities; grain and feed sales; seed production, processing, storage, mixing, blending
and sales; and, farm equipment sales, repair and installation facilities, in the A(Agricultural)Zone District
LOCATION: West of and adjacent to CR 35; north of and adjacent to CR 44.
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. The request complies with Section 23-2-220.A.1 of the Weld County Code, that the proposal is
consistent with Chapter 22 of[the] Code and any other applicable code provisions or ordinance in
effect. Some relevant sections included the following:
A. Section 22-2-60.A (A.Policy 1.1) —Agricultural zoning will be established and maintained and
promote the Country's agricultural industry. Agricultural zoning is intended to provide areas for
agricultural activities and other uses interdependent upon agriculture. The site has been used
most recently as an onion storage and processing plant,the use allowed under current AmUSR-
726, recorded 9/22/94 at Reception No. 2407697. The proposed uses for this second amended
USR are broad in nature — commercial and industrial uses (both uses by right and by special
review), including lawn mower warehousing,fencing manufacturing,offices,warehousing,oil and
gas storage facilities,agricultural service establishments,and continued use for onion processing.
These uses are all commonly associated with agriculture,and the history of agricultural support
industries on the site supports this broader allowance of similar uses on the site.
B. Section 22-2-60.A (A.Policy 1.3) — Allow commercial and industrial uses, which are directly
related to, or dependent upon agriculture, to locate within the A (Agricultural)Zone District when
the impact to surrounding properties is minimal, and where adequate services and infrastructure
are currently available or reasonably obtainable. Agricultural businesses and industries will be
encouraged to locate in areas that minimize the removal of agricultural land from production.
Agricultural business and industries are defined as those which are related to ranching,livestock
production, farming and agricultural uses. The proposed site,consisting of eight acres, is already
taken out of agricultural production. The various uses proposed by this application are types of
commercial and industrial uses that support agricultural activity. Because of its existing use,
impacts to the surrounding properties will be minimal, and water, sewer, and other services
needed at the site are available.
3. Section 23-2-220.A.2-- The proposal is consistent with the intent of the district in which the use is
located. The subject property is zoned Agricultural. The proposed uses are variously related to
agriculture, as discussed above. Commercial and industrial uses of all sorts are supported within the �9
Agricultural Zone District as Uses by Special Review, as noted by Section 23-3-40.R as follows:"Any F h
use permitted as a Use by Right,an Accessory Use,or a Use by Special Review in the Commercial or is
Industrial Zone Districts, provided that the property is not a Lot in an approved or recorded subdivision — (� of
plat or lots or part of a map or plan filed prior to adoption of any regulations controlling subdivisions.' w
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2007-0154
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Resolution 2AmUSR-726
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4. Section 23-2-220.A.3 -- The uses which would be permitted will be compatible with the existing
surrounding land uses. Surrounding uses include agriculture with associated housing and support
facilities. The zoning surrounding the site is Agricultural. The site is located approximately one-half
mile east of Highway 85 on County Roads 35 and 44, both paved. Residences are located in close
proximity to the east and south.
5. Section 23-2-220.A.4--The uses which will be permitted will be compatible with future development
of the surrounding area as permitted by the existing zoning and with the future development as
projected by Chapter 22 of the Weld County Code and any other applicable code provisions or
ordinances in effect, or the adopted Master Plans of affected municipalities. The proposed use is
compatible with the area as discussed above and is permitted within the existing Agricultural Zone
District. The subject property is located within the three-mile referral area of the Towns of Gilcrest
and LaSalle,and the City of Evans. Gilcrest and Evans had no concerns with the proposed uses;the
Town of LaSalle did not respond to the referral request. The site does not lie within any
Intergovernmental Agreement(IGA) boundaries.
6. Section 23-2-220.A.5-- The application complies with Article V of this Chapter(Overlay Districts]of
the Weld County Code. The site does not lie within any Overlay Districts. 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 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)
7. Section 23-2-220.A.6— That if the use is proposed to be located in the A(Agricultural)Zone District,
the applicant has demonstrated a diligent effort has been made to conserve prime farmland.
According to the Platte Valley Soil Conservation District in its referral dated August 15,2006,the site
is located on prime(irrigated)farmland; County records indicate is it located on Irrigated (not prime)
land. However,the site is already constructed with structures,and approval of this application will not
result in any additional loss of prime farmland.
8. Section 23-2-220.A.7—There is adequate provision for protection of the health,safety,and welfare of
the inhabitants of the neighborhood and the County. The Design Standards(Section 23-2-240,Weld
County Code),Operation Standards(Section 23-2-250,Weld County Code),proposed Conditions of
Approval, and Development Standards will ensure that there are adequate provisions for the
protection of health, safety, and welfare of the inhabitants of the neighborhood and County.
This recommendation is based,in part,upon a review of the application materials submitted by the applicant,
other relevant information regarding the request, and responses from referral entities.
THE DEPARTMENT OF PLANNING SERVICES STAFF'S RECOMMENDATION FOR APPROVAL IS MADE
CONDITIONAL UPON THE FOLLOWING:
1. Prior to scheduling the Board of County Commissioners hearing:
A. The applicant has not indicated any lighting on the site. If lighting is proposed or existing on site it
shall be noted on the Site Plan. The applicant shall adhere to the lighting standards, in
accordance with Section 23-2-160.U.6 and Section 23-3-250.B.6 of the Weld County Code.
(Department of Planning Services)
B. The applicant has not delineated any on-site signs. If an on-site sign is desired, the sign shall
adhere to Section 23-4-60 of the Weld County Code. One identification sign per public and quasi-
public uses shall be allowed, provided that the sign does not exceed sixteen (16) square feet.
Further, the location of the sign, if applicable, shall be delineated on the Plan Map. (Department
of Planning Services)
Resolution 2AmUSR-726
Ralph Nix
Page 3
C. The applicant shall submit a Landscape/Screening Plan to the Department of Planning Services.
In order to mitigate the potential negative impact and aesthetic concerns on surrounding
properties,the applicant shall delineate landscaping or other acceptable screening on all sides of
any areas proposed for parking or outdoor storage. Evidence shall also be provided that the
proposed water source allows for watering of landscaping. The Plan shall also address the type
and size of any fencing proposed. (Department of Planning Services)
D. The applicant shall provide current evidence that the facility has an adequate water supply(i.e.,
well or community water system). (Department of Public Health and Environment)
2. Prior to recording the Special Review Permit Plan Map,the following shall be addressed,with written
evidence of completion provided to the Department of Planning Services:
A. The applicant shall provide written evidence to the Weld County Department of Public Health and
Environment regarding property tenants that may produce air emissions. The applicant/tenant
shall contact the Air Pollution Control Division (APCD), at the Colorado Department of Public
Health and Environment(CDPH&E). This contact shall determine if an Air Pollution Emissions
Notice(A.P.E.N.)and Emissions Permit application is required for each individual business being
leased by the applicant. Written evidence of contact shall contain the name and phone number
of the APCD representative contacted. Alternately,the applicant/tenant can provide evidence that
they are not subject to these requirements. (Department of Public Health and Environment)
B. The applicant shall ensure that all property tenants submit a waste handling plan,for approval,to
the Environmental Health Services Division of the Weld County Department of Public Health &
Environment. The plan shall include at a minimum, the following:
1) A list of wastes which are expected to be generated on site(this should include
expected volumes and types of waste generated).
2) A list of the type and volume of chemicals expected to be stored on site.
3) The waste handler and facility where the waste will be disposed (including the
facility name, address, and phone number).
C. The Special Review Permit Plan Map shall be amended as follows:
1) All sheets of the plan map shall be labeled 2ndAmUSR-726. (Department of Planning
Services)
2) The plan map shall meet all requirements as listed in Section 23-2-260.D of the Weld County
Code. (Department of Planning Services)
3) The plan map shall include the attached Development Standards. (Department of Planning
Services)
4) Section 23-3-250.A.6 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)
5) Utilize the designated areas for gravel parking at both locations. Additionally, each parking
space shall be equipped with wheel guards or curb stops where needed to prevent vehicles
from extending beyond boundaries of spaces and from coming into contact with other
^- vehicles, walls, fences or plantings. (Department of Public Works)
6) The additional 10'right-of-way along County Road 44 shall be listed as"future right-of-way."
(Department of Public Works)
Resolution 2AmUSR-726
Ralph Nix
Page 4
7) Enlarge and deepen the retention pond area by 10,000 cubic feet and place the improved
retention area in a recorded drainage easement, with the stipulation that no buildings or
equipment are to be stored or parked in the retention area. (Department of Public Works)
D. The applicant shall submit two(2) paper copies of the plan map for preliminary approval to the
Weld County Department of Planning Services, prior to recordation. (Department of Planning
Services)
3. Upon completion of Items#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 plan map 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 2005-7 approved June 1,2005,should the plat not
be recorded within the required thirty (30)days from the date the Board of County Commissioners
resolution a $50.00 recording continuance charge shall added for each additional 3 month period.
(Department of Planning Services)
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 mapseco.weld.co.us. (Department of Planning Services)
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Ralph Nix Produce, Inc.
2""AmUSR-726
1. The Site Specific Development Plan and Special Use Permit is for a use Permitted as a Use by Right,
an Accessory Use, or a Use by Special Review in the Commercial or Industrial Zone District (for
Onion Storage and Processing Facility, Lawn Mower Warehouse, Fencing Manufacturing Facility,
Offices, Warehousing and Transfer Facilities), and Agricultural Service establishments primarily
engaged in performing agricultural animal husbandry or horticultural services on a fee or contract
basis including: sorting, grading and packing fruits and vegetables; crop dusting or spraying
operations facilities;grain and feed sales;seed production,processing,storage,mixing,blending and
sales;and,farm equipment sales,repair and installation facilities, in the A(Agricultural)Zone District,
as indicated in the application materials on file 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. Landscaping and screening on the site shall be maintained in conformance with the approved
landscape/screening plan at all times. (Department of Planning Services)
4. The number of total employees for all businesses associated with the site shall not exceed twenty-five
(25) on the site at any one time. Hours of operation shall be limited from 7:00 a.m. to 7:00 p.m.
(Department of Planning Services)
5. 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)
6. 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)
7. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act,
30-20-100.5, C.R.S., as amended) shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination. (Department of Public Health &
Environment)
8. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those
wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites
and Facilities Act, 30-20-100.5, C.R.S.,as amended. (Department of Public Health&Environment)
9. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust,
fugitive particulate emissions, blowing debris,and other potential nuisance conditions.(Department of
Public Health & Environment)
10. The applicant and tenants shall operate in accordance with the approved "waste handling plan".
(Department of Public Health & Environment)
11. No on-site disposal of produce of any type shall be permitted at anytime. Produce shall be handled
and stored at the facility in such a manner so that no nuisance is created by odor, blowing of debris,
fugitive dust, or spoiled produce on or around the facility. (Department of Public Health &
Environment)
12. Fugitive dust and fugitive particulate emissions shall be controlled on this site. (Department of Public
Health & Environment)
13. This facility shall adhere to the maximum permissible noise levels allowed in the Industrial Zone as
delineated in 25-12-103 C.R.S., as amended. (Department of Public Health & Environment)
Resolution 2AmUSR-726
Ralph Nix
Page 2
14. Adequate handwashing and toilet facilities shall be provided for employees and patrons of the facility.
(Department of Public Health & Environment)
15. 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 & Environment)
16. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
(Department of Public Health & 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 minimizes the release of hazardous air pollutants(HAP's)and
volatile organic compounds (VOC's). (Department of Public Health & Environment)
18. In the event, the applicant or tenants intend to wash vehicles or equipment on site, the applicant
and/or tenant shall provide evidence that the washing area will be designed and constructed to
capture all effluent and prevent any discharges from the washing of vehicles or equipment in
accordance with the Rules and Regulations of the Water Quality Control Commission and the
Environmental Protection Agency. (Department of Public Health & Environment)
19. A building permit shall be obtained prior any change of use of the building or when any portion of the
buildings is leased. A plot plan is required showing all existing structures, the square footage of each
existing structure,the distance between structures and the distance to all property lines. (Department of
Building Inspections)
20. A plan review is required for each change of use and when portions of the buildings are leased. Plans
shall bear the wet stamp of a Colorado registered architect or engineer. Two complete sets of plans are
required when applying for each permit. Plans shall show the entire floor plan and the use of each space
in that particular building. Include stamped mechanical, and plumbing drawings if heating and plumbing
are changed or added. Provide size of electrical service to each separate building or tenant. Occupancy
type may require that the entire buildings be equipped with an automatic fire sprinkler system.This will be
determined at plan review. (Department of Building Inspections)
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: 2003 International Building Code; 2003
International Mechanical Code;2003 International Plumbing Code;2005 National Electrical Code;2003
International Fuel Gas Code and Chapter 29 of the Weld County Code. (Department of Building
Inspections)
22. Building wall and opening protection in accordance with the Building Code. Setback and offset distances
shall be determined by the Zoning Ordinance. (Department of Building Inspections)
23. Building height shall be measured in accordance with the Building Code for the purpose of determining the
maximum building size and height for various uses and types of construction and to determine compliance
with the Bulk Requirements from Chapter 27 of the Weld County Code. Building height shall be measured
in accordance with Chapter 23 of the Weld County Code in order to determine compliance with offset and
setback requirements. Offset and setback requirements are measured to the farthest projection from the
building. (Department of Building Inspections)
24. Provide letter of approval from LaSalle Fire Protection District prior to any change of use or before leasing any
part of the buildings. (Department of Building Inspections)
25. The operation shall comply with all applicable rules and regulations of the State and Federal agencies
and the Weld County Code. (Department of Planning Services)
26. 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)
Resolution 2AmUSR-726
Ralph Nix
Page 3
27. 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)
28. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code (as amended). (Department of Planning Services)
29. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250, Weld County Code (as amended). (Department of Planning Services)
30. Personnel from Weld County Government shall be granted access onto the property at any
reasonable time in order to ensure the activities carried out on the property comply with the
Development Standards stated herein and all applicable Weld County regulations. (Department of
Planning Services)
31. The Special Review area shall be limited to the plans shown hereon and governed by the foregoing
standards and all applicable Weld County regulations. Substantial changes from the plans or
Development Standards as shown or stated shall require the approval of an amendment of the Permit
by the Weld County Board of County Commissioners before such changes from the plans or
Development Standards are permitted. Any other changes shall be filed in the office of the
Department of Planning Services. (Department of Planning Services)
32. The property owner or operator shall be responsible for complying with all of the foregoing
Development Standards. Noncompliance with any of the foregoing Development Standards may be
reason for revocation of the Permit by the Board of County Commissioners. (Department of Planning
Services)
r
Motion seconded by Tom Holton
VOTE:
For Passage Against Passage Absent
Bruce Fitzgerald
Chad Auer
Tom Holton
Doug Ochsner
James Welch
Erich Ehrlich
Roy Spitzer
Paul Branham
Mark Lawley
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,Voneen Macklin, 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 October 3, 2006.
D ted the 3rd of October, 006.
Voneen Macklin
Secretary
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the Conditions of Approval and Development Standards with the Planning Commissions recommendation of
approval. Erich Ehrlich seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Mark
Lawley, yes; Roy Spitzer, yes; Erich Ehrlich, yes; James Welch, yes; Chad Auer, yes; Tom Holton, yes;
Bruce Fitzgerald, yes; Paul Branham, yes. Motion carried unanimously.
— CASE NUMBER: 2AmUSR-726
APPLICANT: Ralph Nix Produce Inc
PLANNER: Brad Mueller
LEGAL DESCRIPTION: Lot A of RE-850; Pt SE4 of Section 14, T4N, R66W of the 6th P.M., Weld
County, Colorado.
REQUEST: A Site Specific Development Plan and a 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 District (for Onion Storage
and Processing Facility, Lawn Mower Warehouse, Fencing
Manufacturing Facility, Offices, Warehousing and Transfer Facilities), Oil
and Gas Storage Facilities, and Agricultural Service establishments
primarily engaged in performing agricultural animal husbandry or
horticultural services on a fee or contract basis including: sorting,
grading and packing fruits and vegetables; crop dusting or spraying
operations facilities; grain and feed sales; seed production, processing,
storage, mixing, blending and sales; and, farm equipment sales, repair
and installation facilities, in the A(Agricultural)Zone District
LOCATION: West of and adjacent to CR 35; north of and adjacent to CR 44.
Brad Mueller, Department of Planning Services presented Case 2AmUSR-726, reading the
recommendation and comments into the record. The Department of Planning Services is recommending
approval of the application along with the Conditions of Approval and Development Standards.
Tom Holton asked for clarification on the oil and gas storage. Mr. Mueller stated that was presently a
possible use, there is no definite user. The USR would have to be amended should the storage be
outside.
Bruce Fitzgerald asked for the date of the original USR. Ms. Tiffany Johnson indicated it was 1984.
James Welch asked for clarification on the parking spaces for the site; curb stops and the how that was
determined. Mr. Mueller stated there was a condition of approval that the number of spaces must meet
the code requirements.
Tiffany Johnson, Landmark Engineering, representative for the applicant, provided clarification on the
proposal. The primary use is the existing single family residence and the storage of Mack Equipment.
The northerly existing 11,000 square foot building will be used for Mack's indoor storage. The southerly
building does not have a lease agreement therefore the reasoning for such a large list of possibilities.
There will be no outdoor storage on this site. The existing home will be for the one full time employee on
site. Any additional users will be required to go through the site plan review process. The applicant is
requesting the parking be evaluated so the spaces can be added when the uses become apparent. They
would also like to add to the list of possible uses the indoor storage of outdoor recreational equipment.
Mr. Mueller stated the option of warehouse would covers that request. Ms. Johnson indicated the site
lighting is wall mounted with some outdoor security lighting on poles. They will amend the site plan to
include what is existing. There are presently no plans for outdoor signage but that will be amended when
it is proposed.
Char Davis, Department of Public Health and Environment, requested the deletion of Development Standar A
#12 as it is a duplicate.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. ,cJ 1 r.
Yl
.+sioon
A
Janet Crusman, her parents live directly across the street,and they are concerned with the possible storage of
oil and gas facilities,along with the traffic. This is agricultural zoned but these uses are not agricultural. They
do not approve of this.
Randall Meyers,son-in-law of Carlson's who live across the street, indicated the concerns with the lighting as
well as the aesthetic of the area. Traffic is also a major concern. CR 44 is 55 mph and the trucks speed all
the time. With the additional uses it will increase an already dangerous area.
Roy Spitzer asked what the concerns were. Mr. Meyers stated it was mostly with the storage of the oil and
gas facilities. This facility is approximately 100 feet away from the home. This will increase the lighting and
traffic in the area.
Chair closed public portion.
Brad Mueller added the Agricultural Zone District is not limited to agricultural uses only; there can be a wide
variety. Public Works can address the traffic concerns. With regards to aesthetics;there will be a screening
plan;lighting will be addressed prior to Board of County Commissioners. The oil and gas storage is one of the
possible uses.
Don Carroll, Public Works,added that CR 44 at Hwy 85 is a collector status; it is the main cutoff between CR
84 and CR 49 and they are both paved. The count on 6-2-06 was 1185 vehicles in 72 hours. Other counts
were between 900-1000 in 2002-2003. This is a busy area.
Tom Holton asked for clarification on the oil and gas storage and whether it will be pipes outside. Mr.Mueller
stated that if this be the case they will need to come back through the process as a substantial change to the
USR.
James Welch asked about screening and the lighting. Mr. Mueller stated the screening will consist of a
softening effect with landscaping. Lighting will not be allowed to trespass onto adjacent properties.
Roy Spitzer indicated that should oil and gas storage be a use there are concrete floors and this would not be
adversely affected. Mr. Mueller indicated he was not aware of the requirements of the building code. The
zoning definition of an oil and gas storage facility was read. Mr.Spitzer indicated his concern was for waste or
spillage but the concrete floor would deflect this. Ms.Davis added there was no expectation of large quantities
of oil beyond normal equipment.
Tiffany Johnson added that there is no end leases so the applicant included everything possible. They are
willing to remove the oil and gas option and all language associated with this. Ms Johnson added that
economically agricultural is a difficult business so using this existing warehouse would be to the benefit of
everyone including the county. This may also bring a few jobs to the area.
Tom Holton asked about the final decision on the parking. Mr. Mueller stated the applicant is agreeable to the
number of spaces and that they would like to phase in the spaces when the uses are put in. The total number
of spaces will be 57 spaces for current size.
James Welch moved to delete Development Standards #12 and renumber. Bruce Fitzgerald seconded.
Motion carried.
James Welch moved to delete any reference to the oil and gas facilities from the application. Roy Spitzer
seconded. Motion carried.
Tiffany Johnson, representative for the applicant is in agreement with the Development Standards and
Conditions of Approval.
Bruce Fitzgerald moved that Case 2AmUSR-716, be forwarded to the Board of County Commissioners along
with the Conditions of Approval and Development Standards with the Planning Commissions recommendation
of approval. Tom Holton seconded the motion.
3
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Mark
Lawley, yes; Roy Spitzer, yes; Erich Ehrlich, yes; James Welch, yes; Chad Auer, yes; Tom Holton, yes;
Bruce Fitzgerald, yes; Paul Branham, yes. Motion carried unanimously.
Chad Auer added that this case will also be heard at the Board of County Commissioners so there is
another opportunity to voice concerns.
CASE NUMBER: PZ-1114
APPLICANT: Pyrenees Properties LLC
PLANNER: Brad Mueller
LEGAL DESCRIPTION: Lot C of RE-3058, Pt of Section 15, T7N, R67W of the 6th P.M., Weld
County, Colorado.
REQUEST: Change of Zone from Agricultural to PUD for 8 residential lots with Estate
Zone District uses, 1 residential lot with Agricultural Zone District uses, and 1 outlot (Frederick PUD)
LOCATION: North of and adjacent to CR 80; 1/2 mile east of CR 19.
Brad Mueller, Department of Planning Services presented Case PZ-1114, reading the recommendation and
comments into the record.The Department of Planning Services is recommending approval of the application
along with the Conditions of Approval and Development Standards. Staff has requested an addition to the
Conditions of Approval. The language consists of the following "Auxiliary quarters will be allowed on all lots
and with the exception of the minimum lot size must meet all requirements of the Weld County Code Section
23-1-90 as amended."
Paul Branham asked if those quarters will be on all lots regardless of the less than 2.5 acre minimum lot size.
Mr. Mueller stated the PUD standards are not required to match those of the Weld County Code and in this
case the applicants are asking that a different standard be applied for this subdivision specifically less than 2.
5 acres. Mr. Branham indicated that would be two residences on one lot. Ms. Smith, Department of Public
Health and Environment, added there would not be separate structures. It would be more like an additional
bedroom or mother-in-law quarters something with a possible adjacent wall. The auxiliary quarters would
require a larger septic system but would be treated as an additional bedroom. Mr. Mueller added auxiliary
quarters will be an enlargement of the primary structure. The Estate Zone District is still trying to preserver the
agricultural, rural appeal of the area. The Planning Commission needs to determine if the acreages that are
proposed still allow the intent to be preserved or whether it is important when the lots have been clustered.
Staff did not express concern with the minimum lot size in correlation to the auxiliary quarters.
Pam Smith, Department of Public Health and Environment, reviewed her comments with regards to the
engineering report and the water levels. These levels, relative to the proposed building envelope for Lot 9
could cause some problems. Department of Public Health and Environment is not recommending denial but
would like to have that building envelope removed to alleviate any potential problems. Mr. Spitzer indicated
there was a report done at a later date and this information was provided to Ms. Smith. After review, Ms.
Smith still indicated there are potential problems. The new report had few bore samples which helps but there
is still a significant concern for the groundwater in the area and there will be a need for engineered septic
systems.
Anne Johnson, Todd Hodges Design, provided clarification on the application. The applicant has already
agreed to drop that building envelope. The applicant would like to change the name of the subdivision to
Hollis Crossing Estates with the internal road being named Sonny Miller. There will be no building on lots 6-8
and Lot 9 is an agricultural outlot. There are 8 SF Lots ranging 2.1 —8.4 acres each with Auxiliary Quarters.
Flood Plain in Lots 6,7 and 8 have been designated as"Non Buildable" Lot sizes are 5.3, 5.5 and 8.4 for 6,7,
8 respectively. Designating less than half of each lot as"Non Buildable"does not affect the use of the lots.
Lot 9 is a 116+/-acre agricultural parcel with Auxiliary Quarters. Building Envelopes have been solidified as
north of Lot 5&modified around future drill site. The agricultural access proposed just west of lot 3 has been
granted. There is an existing farm road through Building envelopes to Lot 9. The applicant has worked with
referral agencies and Planning Staff to mitigate concerns prior to this hearing. Such as: the Post Office:
Location and Construction Standards; School bus system and delivery; Town of Severance: Access, Plan;
Windsor/Severance Fire Protection District: Necessary Standards and Weld County Department of Public
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