HomeMy WebLinkAbout20072802.tiff RESOLUTION OF THE WELD COUNTY PLANNING COMMISSION
• Moved by Doug Ochsner 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-1613
APPLICANT: Warren & Deborah Smith
PLANNER: Michelle Martin
LEGAL DESCRIPTION: Part of the NE4 of Section 9, Ti N, R68W of the 6th P.M., Weld County, Colorado.
REQUEST: 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, (Gutter Business) in the A(Agricultural)Zone District.
LOCATION: South of and adjacent to CR 12 and West of and adjacent to CR 7.
be recommended favorably to the Board of County Commissioners for the following reasons:
1. The submitted materials are in compliance with the application requirements of Section 23-2-260 of
the Weld County Code.
2. It is the opinion of the Planning Commission that the applicant has shown compliance with Section
23-2-220 of the Weld County Code as follows:
A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other
applicable code provisions or ordinance in effect. Section 22-2-60 (A.Goal 4) states,
"Conversion of agricultural land to nonurban residential, commercial and industrial uses will
be accommodated when the subject site is in an area that can support such development.
Such development shall attempt to be compatible with the region." Application materials
• indicate that the site can support the proposed use.Conditions of Approval and Development
Standards ensure that a reasonable attempt will be made to be compatible with the region.
B. Section 23-2-220.A.2--The proposed use is consistent with the intent of the A(Agricultural)
Zone District. Section 23-3-40.R of the Weld County Code provides for 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,
(Gutter Business) in the A(Agricultural) Zone District. Currently the property is in violation
(VI-0700032)for the operation of Front Range Seamless Gutters without an approved and
recorded Use by Special Review permit(USR). If the USR is approved the violation will be
closed. If denied, staff would request that thirty(30)days be allowed for the business to be
completely removed from the property before proceeding with legal action in District Court.
C. Section 23-2-220.A.3--The uses which will be permitted will be compatible with the existing
surrounding land uses. The surrounding property is predominantly agricultural and residential
land. The property east of and adjacent to the proposed development is currently within the
municipal limits of the Town of Erie. The surrounding property to the west and south of the
property is a residential subdivision (Scott Acres). The property to the north is agricultural.
The Department of Planning Services has received one letter from a surrounding property
owner indicting they are"okay"with the proposed facility. The Development Standards and
Conditions of Approval will ensure compatibility with adjacent properties and the character of
the area.
D. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with future
development of the surrounding area as permitted by the existing zoning and with the future
development as projected by Chapter 22 of the Weld County Code and any other applicable
code provisions or ordinances in effect, or the adopted Master Plans of affected
• municipalities. The subject property lies within the three mile referral area of the City of
Dacono, Town of Erie, City and County of Broomfield, Town of Frederick, and Boulder
FEXHIBIT
im7
2007-2802 la!
• Resolution USR-1613
Warren & Deborah Smith
Page 2
County. The Town of Erie indicated in their referral dated 4/26/07 they find no conflicts with
the proposed development. The Town of Frederick in their referral dated 4/30/07 states that
the proposed development should be located within a municipality where the resources exist
to adequately serve the development and an economy of scale exists to assist with public
safety, improvements and infrastructure. The Town of Frederick continue to state that they
have no objection to the proposal or interest in annexing this site,for consideration,there are
several vacant lots within the Glacier Business Park and other area zoned for this use that
would provide for the proposed business, as a use by right, without any additional
improvements or investment in public infrastructure, concerns for health and safety, or
conflicts with the existing and future neighborhood. The City of Dacono, City and County of
Broomfield, and Boulder County have not responded to the referral request.
E. Section 23-2-220.A.5--The application complies with Section 23-5 of the Weld County
Code. The site lies within the Erie Airport and Geologic Hazard Overlay Districts. The
State of Colorado, Geological Survey referral dated 4/30/07 indicated they have reviewed
the proposed development and find no conflicts with their interests. The applicant will
need to adhere to Article V Division 2 of the Weld County Code regarding the Geologic
Hazard Overlay District. The Erie Airport Authority did not respond the referral request.
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) (Department of
Planning Services)
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
designated Prime if Irrigated on the Farmlands of National Importance by the 1979 USDA
Soil Conservation Services map. The lot consists of 3.45 acres and is too small to be a
viable farming operation as defined by Section 22-2-60.1 of the Weld County Code.
G. Section 23-2-220.A.7 --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 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 Planning Commission's recommendation for approval is conditional upon the following:
1. Prior to recording the plat:
A. The plat shall be amended to delineate the following:
1) All sheets of the plat shall be labeled USR-1613. (Department of Planning
Services)
•
Resolution USR-1613
• Warren & Deborah Smith
Page 3
2) The attached Development Standards. (Department of Planning Services)
3) The approved Landscape/Screening Plan. The applicant shall delineate a plant
list to coincide with the Landscape Plan. The list shall include how the plants will
be maintained and irrigated. All landscaping except for the native grasses shall be
removed from County Road right-of-way and future right-of-way. (Department of
Planning Services)
4) County Road 12 is classified by the County as a major arterial road, which
requires 70 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 future right-of-way required. (Department of Public Works)
5) The applicant shall relocate the north access drive at the intersection of County
Road 12 and County Road 7 to a safe location per Weld County Department of
Public Works or remove the access. Evidence of such shall be submitted to the
Department of Planning Services. (Department of Public Works)
6) The applicant shall show sight distance triangles for all access points.
(Department of Public Works)
7) The off-street parking spaces including the access drive shall be surfaced with an
• all weather surface material 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 Public Works)
8) The applicant shall designate employee, customer, and business parking on the
plat and dimension them accordingly to Section 23-2-260.D.5.C.10 of the Weld
County Code. (Department of Public Works)
9) 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 thirty four(34) spaces, of which one (2)shall be a van
accessible handicapped parking stall meeting all of the requirements as set forth
in the Americans with Disabilities Act.
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 two spaces
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 and Public
Works)
•
10) If applicable the location and diagram of all signs shall be noted on the USR plat.
Resolution USR-1613
• Warren & Deborah Smith
Page 4
(Department of Planning Services)
11) The plat shall be prepared in accordance with Section 23-2-260.D of the Weld
County Code. The plat scale shall be enlarged to 1"=40'. (Department of
Planning Services)
12) 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)
13) The applicant shall delineate all onsite lighting. Section 23-3-360.F of the Weld
County Code,addressing the issue of on-site lighting, including security lighting if
applicable, states"any lighting ... shall be designed, located and operated in such
a manner as to meet the following standards: sources of light shall be shielded so
that beams or rays of light will not shine directly onto adjacent properties...."
(Department of Planning Services)
14) All storm water facilities shall be located on the plat. (Department of Public
Works)
• 15) The applicant shall include the book and page or reception number for the
easement on the south side of the property or remove it from the plat.
(Department of Planning Services)
16) The applicant shall verify the existing and future right-of-way for County Road 7
with the Town of Erie and delineate the information on the plat. (Department of
Planning Services and Public Works)
B. 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)
C. The applicant shall attempt to address the requirements (concerns) of the Weld County
Ambulance Services as stated in the referral response dated 4/25/07. Evidence of such
shall be submitted in writing to the Weld County Department of Planning Services. (Weld
County Ambulance Services)
D. The septic system serving the home shall be reviewed by a Colorado Registered
Professional Engineer. The review shall consist of observation of the system and a
technical review describing the systems ability to handle the proposed hydraulic load. The
review shall be submitted to the Environmental Health Services Division of the Weld
County Department of Public Health and Environment. In the event the system is found
to be inadequately sized or constructed the system shall be brought into compliance with
•
current Regulations. Evidence of such shall be submitted to the Weld County Department
of Planning Services. (Department of Public Health and Environment)
• Resolution USR-1613
Warren & Deborah Smith
Page 5
E. 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 Department of Public Health and Environment approval shall be submitted to
the 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)
F. The applicant shall address the requirements (concerns)of the Weld County Department
of Public Works as stated in the referral response dated 5/15/07. Evidence of such shall
be submitted in writing to the Weld County Department of Planning Services. (Weld
County Department of Public Works)
G. The applicant shall attempt to address the requirements (concerns) of the Town of
Frederick as stated in the referral response dated 4/30/07. Evidence of such shall be
• submitted in writing to the Weld County Department of Planning Services. (Weld County
Department of Public Works)
H. The applicant shall address the requirements (concerns)of the Weld County Department
of Planning Services, Landscape referral as stated in the referral response dated
4/20/07. Evidence of such shall be submitted in writing to the Weld County Department of
Planning Services. (Department of Planning Services)
The applicant shall address the requirements (concerns)of the Weld County Department
of Building Inspection as stated in the referral response dated 5/16/07. Evidence of such
shall be submitted in writing to the Weld County Department of Planning Services.
(Department of Planning Services)
J. 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)
K. The applicant has not delineated any on-site sign(s). If any on-site sign(s) are desired the
Department of Planning Services shall be notified in writing. (Department of Planning
Services)
L. The applicant shall submit a Landscape/Screening Plan to the Department of Planning
• Services for review. Section 23-3-250.A.9 of the Weld County Code states, "uses
involving outdoor storage of vehicles, (including the parking of employees vehicles)
• Resolution USR-1613
Warren & Deborah Smith
Page 6
equipment or materials when permitted shall be screened from public rights-of-way and
all adjacent properties." (Department of Planning Services)
M. 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. and 2. above the applicant shall submit a Mylar plat along with all other
documentation required as Conditions of Approval. The Mylar plat shall be recorded in the office
of the Weld County Clerk and Recorder by Department of Planning Services' Staff. The plat shall
be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County
Code. The Mylar plat and additional requirements shall be submitted within thirty(30)days from
the date of the Board of County Commissioners resolution. The applicant shall be responsible for
paying the recording fee. (Department of Planning Services)
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 maos(Wrco.weld.co.us. (Department of Planning Services)
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)
•
SITE SPECIFIC DEVELOPMENT PLAN
• SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Warren and Deborah Smith
USR-1613
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,(Gutter
Business) in the A(Agricultural) Zone District. (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. 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)
4. 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)
5. 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)
6. The applicant shall operate in accordance with the approved"waste handling plan". (Department of
Public Health and Environment)
•
7. Fugitive dust and fugitive particulate emissions shall be controlled on this site. (Department of Public
Health and Environment)
8. 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)
9. Adequate toilet and handwashing facilities shall be provided for employees. The employees shall be
allowed to use the toilet facilities located in the residence. (Department of Public Health and
Environment)
10. Sewage disposal for the facilitiy 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)
11. The facility shall utilize the existing public water supply. (Left Hand Water District) (Department of
Public Health and Environment)
12. The operation shall comply with all applicable rules and regulations of the State and Federal agencies
and 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 Landscape/Screening on site shall be maintained in accordance with the approved
• Landscape/Screening Plan. (Department of Planning Services)
16. The hours of operation will be limited to 8:00 AM-6:00 PM, seven (7)days a week. (Department of
Planning Services)
17. The number of employees for the business shall be limited to twenty (20) people. (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. All material and equipment with the exception of vehicles shall be stored in an enclosed structure.
(Department of Planning Services)
20. 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)
21. A building permit application must be completed and two complete sets of plans including engineered
foundation plans bearing the wet stamp of a Colorado registered architect or engineer must be
submitted for review.A geotechnical engineering report preformed by a registered State of Colorado
engineer shall be required. (Department of Building Inspection)
22. A plan review must be approved and a permit must be issued prior to the start of construction on the
site. (Department of Building Inspection)
23. Setback and offset distances shall be determined by the 2003 International Building Codes and
• Chapter 23 of the Weld County Code(Offset and setback distances are measured from the farthest
projection from the structure). (Department of Building Inspection)
24. Building plans shall be submitted to the Mountain View Fire District and the Frederick Fire Protection
District for approval. (Department of Building Inspection)
25. On-site lighting, including security lighting if applicable shall maintain compliance with Section 23-3-
250.6.6 of the Weld County Code. (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. Personnel from the Weld County Government shall be granted access onto the property at any
reasonable time in order to ensure the activities carried out on the property comply with the
Development Standards stated herein and all applicable Weld County regulations.
29. The Special Review area shall be limited to the plans shown hereon and governed by the foregoing
standards and all applicable Weld County regulations. Substantial changes from the plans or
Development Standards as shown or stated shall require the approval of an amendment of the Permit
by the Weld County Board of County Commissioners before such changes from the plans or
Development Standards are permitted. Any other changes shall be filed in the office of the
Department of Planning Services.
30. The property owner or operator shall be responsible for complying with all of the foregoing
•
8
Development Standards. Noncompliance with any of the foregoing Development Standards may be
• reason for revocation of the Permit by the Board of County Commissioners.
Motion seconded by Mark Lawley.
VOTE:
For Passage Against Passage Absent
Chad Auer—Chair
Doug Ochsner—Vice Chair
Paul Branham
Erich Ehrlich
Bruce Fitzgerald
Tom Holton
Mark Lawley
Roy Spitzer
James Welch
The Chair declares the resolution passed and orders that a certified copy be placed in the file of this case
to serve as a permanent record of these proceedings.
CERTIFICATION OF COPY
• I, Donita May, Recording Secretary for the Weld County Planning Commission, do hereby certify that the
above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld
County, Colorado, adopted on June 17, 2007.
Dated the 17`h of July, 2007.
Donita Maly
Secretary
• 9
'7 -/7 -. c�7
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
• Tuesday, July 17, 2007
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, Chad
Auer, at 1:30 p.m.
ROLL CALL ABSENT
Chad Auer- Chair
Doug Ochsner-Vice Chair 4 n�
Paul Branham r c 3rn
Erich Ehrlich C" '"' 1r--
Bruce Fitzgerald n O (O
Tom Holtoncon
Mark Lawley >rn
zZ
Roy Spitzer m
James Welch 0 + x
Na
Also Present: Bruce Barker, County Attorney; Tom Honn, Planning Director; Kim Ogle, Jacqueline Hatch,
Chris Gathman, Hannah Hippely, Planners; Don Carroll, Public Works Department; Char Davis,
Environmental Health Department; Donita May, Secretary.
The summary of the last regular meeting of the Weld County Planning Commission held on July 3,2007,was
approved as read.
• Commissioner Holton recused himself from the Consent Agenda. EXHIBIT,
The Chair read the Consent Agenda cases into the record. }
/
CASE NUMBER: USR-1613
APPLICANT: Warren & Deborah Smith
PLANNER: Michelle Martin
LEGAL DESCRIPTION: Part of the NE4 of Section 9, T1N, R68W of the 6th P.M., Weld County,
Colorado.
REQUEST: 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, (Gutter Business) in the A
(Agricultural)Zone District.
LOCATION: South of and adjacent to CR 12 and West of and adjacent to CR 7.
The Chair asked if anyone in the audience wished to speak for or against the application. No one stepped
forward.
CASE NUMBER: USR-1608
APPLICANT: Ready Mixed Concrete Company
PLANNER: Kim Ogle
LEGAL DESCRIPTION: Lot B, RE-4381 being part of the NW4SW4 Section 6, T1N, R66W; SW4
Section 6, T1N, R66W; W2NW4 Section 7, T1N R66W exc
S2SE4SW4SW4 of Section 6, Ti N, R66W and also exc NE4NW4NW4
Section 7,T1 N,R66W;NE4NW4/NE4NW4NW4 and Part NW4NE4 lying W
• of Westerly R-O-W Lane SH 85 Section 7, T1N, R66W and the
S2SE4SW4/SE4SW4SW4 and part S2SW4SE4 lying W of Westerly R-O-W
Lane SH 85 Section 6 ,T1N, R66W of the 6th P.M.,Weld County,Colorado.
REQUEST: Resource Development Facilities including Concrete, Recycled Concrete
1
and Gravel Mining in the A(Agricultural)Zone District.
• LOCATION: Generally located South of and adjacent to SH 52;West of and adjacent to
SH 85; East of and adjacent to CR 25 Section Line and approximately 0.5
miles North of CR 10.
The Chair asked if anyone in the audience wished to speak for or against the application.
Jerry Sitzman,area homeowner,residing east of Hwy 85 and adjacent to the gravel pit,said they have a pond
on their property and he is concerned that when water is pulled off into the gravel pit, his pond will dry out as it
is maintained by underground water levels;he added that his pond also holds the run off from the Fort Lupton
city streets;and without proper maintenance, it will be a stale pond as they have no other way of getting water
into it. Commissioner Ochsner pointed out that public concerns can be addressed without hearing the entire
case. Mr. Sitzman added that since the applicant has to pump the water out during mining,they could pump
the water into the highway underpass pipe. The Chair said that ultimately this board makes only
recommendations and the Board of County Commissioners decide the final outcome, but they can collect
items to be addressed. Mr.Sitzman asked if he would be notified of the future Board of County Commission
hearing. The Chair said that he would absolutely be notified.
Mike Hart, 2255 Meadow Ave, Boulder, CO, represents Ready Mix Concrete. Mr. Hart addressed Mr.
Sitzman's concerns regarding the mine dewatering on his pond on the east side of Hwy 85 and said: they
proposed to install a soil bentonite slurry wall around the mining stage that is immediately west of Mr.
Sitzman's pond before anything is dewatered, so basically they intend to protect the surrounding alluvial
aquifer by sealing off the mine stage from anything outside of that mine stage before anything is dewatered;
once the slurry wall is installed then the area to be mined within the perimeter of the slurry wall would be
dewatered but there would be no impact on any groundwater elevations outside of the mining area;and closed
by saying that he was very confident that all of Mr. Sitzman's concerns would be addressed, based on the
mine plan.
• The Chair suggested Mr. Hart contact Mr. Sitzman and provide him with all of that information prior to the
Board of County Commission hearing.
CASE NUMBER: USR-1618
APPLICANT: Justin &Jennifer Frank
PLANNER: Hannah Hippely
LEGAL DESCRIPTION: Part of the E2 SE4 Section 6, T4N, R67W 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, and Accessory Use, or a Use by Special
Review in the Commercial or Industrial Zone districts (Dance and
Gymnastics Studio) in the A(Agricultural)Zone District.
LOCATION: West of and adjacent to CR 15 (Telep Avenue) and approximately 0.125
mile North of State Highway 60 (W. South 15`Street).
The Chair asked if anyone in the audience wished to speak for or against the application. No one stepped
forward.
CASE NUMBER: AmUSR-217
APPLICANT: Kerr-McGee Gathering, LLC
PLANNER: Kim Ogle
LEGAL DESCRIPTION: SW4 SW4 Section 23,T2N, R65W of the 6th P.M.,Weld County,Colorado.
REQUEST: A Site Specific Development Plan and a Special Review Permit for a Mineral
Resource Development Facility including a Natural Gas Processing Facility
• and one or more microwave or other communication transmission or relay
tower over seventy(70)feet in height in the A(Agricultural)Zone District.
LOCATION: North of and adjacent to CR 18,and East of and adjacent to CR 45 Section
Line.
2
• The Chair asked if anyone in the audience wished to speak for or against the application. No one stepped
forward.
CASE NUMBER: USR-1616
APPLICANT: Mountain States Line Constructors
PLANNER: Jacqueline Hatch
LEGAL DESCRIPTION: Lot A of RE-4578; part of SE4 of Section 32, Ti N, R65W of the 6th P.M.,
Weld County, Colorado.
REQUEST: Site Specific Development Plan and Special Review Permit for a use
similar to the uses listed as a Use by Special Review(Trade School) in
the A(Agricultural)Zone District.
LOCATION: North of and adjacent to CR 2 and approximately Yz mile east of CR 39.
The Chair asked if anyone in the audience wished to speak for or against the application.
John Spillane, 5460 South Quebec, Suite 110, Greenwood Village, CO, the manager of Highland Equities
and with the Bromley Companies, which own thought they were on the list to be notified, he had not seen
any notice regarding the application; that he had hoped to hear about the applicant's plan this afternoon;
and that he would be bringing his 600 acres to Lochbuie as a residential development later this year. Mr.
Spillane expressed interest in hearing the Planning Commission's view on this application.
The Chair told Mr. Spillane that whether the case was pulled or not, he was entitled to review all of the
application materials prior to the BOCC hearing. The Chair asked the Commissioners if any of them
wished to pull the application. Commissioner Ochsner responded that he was agreeable to Case USR-
1616 remaining on the consent agenda.
• The Chair asked if there were any Commissioners who wished to pull this case from the Consent Agenda.
There were none.
Doug Ochsner moved that the Consent Agenda,including Cases USR-1613,USR-1608,USR-1618,AMUSR-
217 and USR-1616, 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, Mark
Lawley seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Paul
Branham, yes; Bruce Fitzgerald, yes; Tom Holton, recused; Mark Lawley, yes; Roy Spitzer, yes; Doug
Ochsner, yes; Chad Auer, yes. Motion carried unanimously.
HEARING ITEMS
The Chair read the case into the record.
CASE NUMBER: USR-1617
APPLICANT: James Warner
PLANNER: Chris Gathman
LEGAL DESCRIPTION: Lot D RE-3983; located in the NW4 of Section 5, T4N, R68W of the 6th
P.M., Weld County, Colorado.
REQUEST: A Site Specific Development Plan and a Special Review Permit for an oil
and gas support facility(commercial water tap used by oil and gas
specific equipment and transportation vehicles to service off-site oil and
• gas operations) in the A(Agricultural)Zone District.
LOCATION: East of and adjacent to CR 3 and south of and adjacent to State Highway
60.
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CONTINUED
•
CASE NUMBER: USR-1613
APPLICANT: Warren & Deborah Smith
PLANNER: Michelle Martin
LEGAL DESCRIPTION: Part of the NE4 of Section 9,Ti N, R68W of the 6th P.M., Weld County, Colorado.
REQUEST: 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, (Gutter Business) in the A (Agricultural)Zone District.
LOCATION: South of and adjacent to CR 12 and West of and adjacent to CR 7.
Michelle Martin said the applicant was requesting a continuance to the July 17, 2007 hearing.
The Chair asked if there was anyone in the audience who wished to speak for or against continuance of this
application. No one wished to speak.
Bruce Fitzgerald moved that Case USR-1613, be continued to the July 17, 2007 hearing date. Doug Ochsner
•
seconded the motion. Motion carried unanimously.
Tom Holton then recused himself from the continuance of USR-1608.
CASE NUMBER: USR-1608
APPLICANT: Ready Mixed Concrete Company
PLANNER: Kim Ogle
LEGAL DESCRIPTION: Lot B, RE-4381 being part of the NW4SW4 Section 6,T1 N, R66W; SW4 Section 6,
• T1 N, R66W; W2NW4 Section 7, T1N R66W exc S2SE4SW4SW4 of Section 6,
T1N, R66W and also exc NE4NW4NW4 Section 7, -11 N, R66W;
NE4NW4/NE4NW4NW4 and Part NW4NE4 lying W of Westerly R-O-W Lane SH 85
Section 7, T1 N, R66W and the S2SE4SW4/SE4SW4SW4 and part S2SW4SE4
lying W of Westerly R-O-W Lane SH 85 Section 6 , TIN, R66W of the 6th P.M.,
Weld County, Colorado.
REQUEST: A Site Specific Development Plan and a Special Review Permit for Mineral Resource
Development Facilities including Concrete, Recycled Concrete and Gravel Mining in
the A (Agricultural)Zone District.
LOCATION: Generally located South of and adjacent to SH 52; West of and adjacent to SH 85;
East of and adjacent to CR 25 Section Line and approximately 0.5 miles North of CR
10.
Kim Ogle, Department of Planning, said the applicant was asking for a thirty day extension in order to secure
the required water agreements.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
Bruce Fitzgerald moved that Case USR-1608, be continued to the July 17, 2007 hearing date.'Mark Lawley
seconded the motion. Motion carried unanimously.
The Chair asked if any of the Commissioners wished to have any of the following consent items pulled. Doug
Ochsner said he wanted to hear the public's wishes before he made his decision.
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