HomeMy WebLinkAbout20073533.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
• RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Roy Spitzer, 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-1621
APPLICANT: Mary Lee Hardy
PLANNER: Chris Gathman
LEGAL DESCRIPTION: Block 53, Minor resubdivision of the Amended Plat of the Town of Barnesville,
located in part of the NE4 of Section 18,T6N, R63W of the 6th P.M.,Weld
County, Colorado.
REQUEST: Site Specific Development Plan and a Special Review Permit for a Home
Business(parking of 3 semi trucks and 4 trailers)in the A(Agricultural)Zone
District.
LOCATION: East of and adjacent to CR 61.5 and approximately 1,100 feet north of State
Highway 392.
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 Weld County 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 D. A.Goal 4. of the Weld County Code 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. This goal is intended to address conversion of
agricultural land to nonurban uses. Once converted, this land is less conducive to
agricultural production."
The parcel is 5 acres in size with existing improvements. The facility is located in a
platted townsite(minor resubdivision of Barnsville).
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.O of the Weld County Code provides for
Home Businesses as a Use by Special Review in the A(Agricultural)Zone District.
c. Section 23-2-220.A.3--The uses which will be permitted will be compatible with the existing
surrounding land uses. The property is adjacent to single family residences on rural
residential parcels to the north,east and south.Vacant land is located to the west.The site is
located within the platted townsite of Barnsville. As a result this use is required to meet the
criteria of a Home Business per Section 23-1-90. These criteria are:
1)The use is conducted primarily within a dwelling unit or accessory structure and principally
carried on by the family resident therein and
2) Such use is clearly incidental and secondary to the principal permitted use and shall not
change the character thereof.
Attached Conditions of Approval and Development Standards will ensure that the
proposed use is compatible with the surrounding area. EXHIBIT
•
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2007-3533
Resolution USR-1621
Mary Lee Hardy
• Page 2
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 site is not located within a three-mile referral area nor
intergovernmental agreement/urban growth boundary of any municipalities.
e. Section 23-2-220.A.5 --The application complies with Article V, Divisions 1, 2, 3 and 4 of
the Weld County Code.
Effective January 1, 2003, Building Permits issued on the proposed lots will be required to
adhere to the fee structure of the County Road Impact Program. (Ordinance 2002-11)
Effective August 1, 2005, Building permits issued on the subject site will be required to
adhere to the fee structure of the Capital Expansion Impact Fee and the
Stormwater/Drainage Impact Fee. (Ordinance 2005-8 Section 5-8-40)
f. Section 23-2-220.A.5 --The site does not lie within any Overlay Districts.
g. 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 parcel is 5
acres in size and has existing improvements on the western portion of the property. The
proposed use will not change the developed area of the property as an existing building
and improved parking area&access drive will be utilized for the business.
• h. 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 site is currently in violation (VI-0700019) if this Use by Special Review application is approved and the
plat is recorded the property will be in compliance. If denied, all commercial equipment shall be removed
from the property; otherwise, the violation case will proceed accordingly.
The Weld County Planning Commission recommendation for approval is conditional upon the following:
1. Prior to recording the plat:
A. The existing septic system for the residence 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 Health Department approval shall be provided to the
Department of Planning Services. (Department of Public Health and Environment)
B. If the applicant intends to use the existing 40-foot by 56-foot outbuilding on the property
for maintenance (oil changes only)and/or storage of vehicles and equipment associated
• with the business, the applicant shall do the following:
Resolution USR-1621
Mary Lee Hardy
• Page 3
Provide written evidence to the Department of Planning Services that a building permit for
change in use of this building has been applied for. (Department of Planning
Services/Department of Building Inspection)
C. 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.
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 &
Environment)
Written evidence of approval of the waste handling plan shall be submitted to the Department of
Planning Services.
D. The plat shall be amended to delineate the following:
1. The plat shall comply with Section 23-2-260.D of the Weld County Code.
(Department of Planning Services)
2. The attached Development Standards. (Department of Planning Services)
•
3. All sheets of the plat shall be labeled USR-1621. (Department of Planning
Services)
4. County Road 61.5 is designated on the Weld County Road Classification Plan as
a local gravel road, which requires 60 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. All setbacks shall be measured from the edge of future right-of-way.
This road is maintained by Weld County.
5. A vicinity map. (Department of Planning Services)
E. 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 sixty(60)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).
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This digital file may be sent to maps(o�co.weld.co.us. (Department of Planning Services)
Resolution USR-1621
Mary Lee Hardy
• 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)
•
•
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
• DEVELOPMENT STANDARDS
Mary Lee Hardy
USR-1621
1. The Site Specific Development Plan and Special Use Permit is for a home business (parking of 3
semi trucks and 4 trailers)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. This use shall meet the criteria of a Home Business per Section 23-1-90. These criteria are:
1)The use is conducted primarily within a dwelling unit or accessory structure and principally carried
on by the family resident therein and
2)Such use is clearly incidental and secondary to the principal permitted use and shall not change the
character thereof.
4. Vehicles and equipment for this business shall be limited to 3 semi-trucks and 4 trailers as stated in
the application materials. (Department of Planning Services)
5. All vehicles and trailers associated with this use shall be currently licensed.(Department of Planning
Services)
6. On-site maintenance of vehicles associated with this operation shall be limited to oil changes.
(Department of Planning Services)
• 7. Hours of operation shall be limited to 6:00 AM to 5:30 PM as stated in the application materials.
(Department of Planning Services)
8. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-
100.5, C.R.S.) shall be stored and removed for final disposal in a manner that protects against
surface and groundwater contamination. (Department of Public Health and Environment)
9. 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. (Department of Public Health and Environment)
10. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust,
blowing debris, and other potential nuisance conditions. (Department of Public Health and
Environment)
11. Fugitive dust and fugitive particulate emissions shall be controlled on this site.(Department of Public
Health and Environment)
12. The facility shall adhere to the maximum permissible noise levels allowed in the(Commercial)Zone
District as delineated in 25-12-103, C.R.S. (Department of Public Health and Environment)
13. A permanent adequate water supply shall be provided for drinking and sanitary purposes and
supplemental bottled water will be supplied for drivers. (Department of Public Health and
Environment)
14. Adequate toilet and handwashing facilities shall be provided for employees.The employees shall be
• allowed to use the toilet facilities located in the residence.The toilet facilities shall not be open to the
general public. (Department of Public Health and Environment)
Resolution USR-1621
Mary Lee Hardy
•
• Page 6
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 and Environment)
16. The applicant shall operate in accordance with the approved"waste handling plan". (Department of
Public Health and Environment)
17. Effective August 1,2005, Building permits issued on the subject site will be required to adhere to the
fee structure of the Capital Expansion Impact Fee and the Stormwater/Drainage Impact Fee.
(Ordinance 2005-8 Section 5-8-40). (Department of Planning Services)
18. 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)
19. The historical flow patterns and run-off amounts will be maintained on site in such a manner that it will
reasonably preserve the natural character of the area and prevent property damage of the type
generally attributed to run-off rate and velocity increases,diversions,concentration and/or unplanned
ponding of storm run-off. (Department of Planning Services)
20. The applicant must take into consideration storm water capture/quantity and provide accordingly for
best management practices. (Department of Planning Services)
21. 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)
22. The property owner acknowledges that mineral owners and lessees have real property interests that
entitle them to surface use in accordance with Colorado State Statutes and applicable Colorado Oil
and Gas Conservation Commission regulations. (Department of Planning Services)
23. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code.
24. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250, Weld County Code.
25. The operation shall comply with all applicable rules and regulations of the State and Federal agencies
and the Weld County Code.
26. Personnel from the Weld County Departments of Public Health and Environment, Planning Services
and Public Works 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.
Resolution USR-1621
Mary Lee Hardy
• Page 7
Motion seconded by Mark Lawley
VOTE:
For Passage Against Passage Absent
Robert Grand
Bill Hall
Tom Holton
Doug Ochsner
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, 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 6, 2007.
Dated the 6th of November, 2007.
Kristine Ranslem
Secretary
•
I -02oo'7
years to have a public dialogue.
•
Commissioner Lawley referenced to the fire station locations being in a separate part in this document and
asked if they can be consolidated. Mr. Mueller said that to combine the two would probably be appropriate.
Mr. Mueller summarized the proposed amendments to the conditions of approval and Development
Standards. He stated that Condition 1.W&1.X be amended to ninety(90)days,Condition 3.DD be replaced
with Mr. Barkers two (2) points of conditions as presented, Condition 4 replacing all Development
Commitments with the newly-handed out Development Commitments and further replacing Development
Commitment#7 with the two-point condition provided in the handout,and Condition 1.R to combine it with the
new language provided by the Fire District Letter. Mr.Mueller added that it is staffs recommendation that we
do not change Condition 2.N regarding the grade-separated crossing.
The Chair asked the Planning Commission members if they wish to pull out any of those separately and vote
on them. Commissioner Lawley stated that he would like to pull Condition 2.N out and vote it on separately.
Commissioner Ochsner concurred with Mr. Lawley.
Robert Grand moved to amend the Conditions of Approval and Development Standards as per staffs
recommendations. Bill Hall seconded the motion. Motion carried
Commissioner Lawley commented that with regards to Condition 2.N, he is inclined to stick with staffs
recommendation. He added that he understands the developer's concerns;however he believes they need to
take the recommendation of staff, as they have an interest in it.
The Chair commented that he would entertain a motion if somebody wants to change it. If not, it will be left as
is. No one wished to make a motion.
• The Chair asked the applicant if he read through the amended Development Standards and Conditions of
Approval and if he is in agreement with those. Mr. Reutzel replied that they are in agreement.
Commissioner Holton expressed that he is in favor of approving the application and commented that he thinks
the staff and the applicant went back and did what the Board had asked them to do and everything is taken
care of.
Bill Hall moved that Case PZ-1125 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. Mark Lawley seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Paul
Branham, absent; Erich Ehrlich, abstain; Robert Grand, yes with comment; Bill Hall, yes; Mark Lawley,
yes; Roy Spitzer, abstain;Tom Holton, yes; Doug Ochsner, yes. Motion carried.
Robert Grand commented that he would like to thank the staff, the County Attorney, Public Works, the Fire
Chiefs, and the applicant for putting a lot of time and effort in the last two weeks.
The Chair called a recess at 2:48 p.m.
The Chair called the meeting back to order at 2:55 p.m.
The Chair read the case into record.
CASE NUMBER: USR-1621
APPLICANT: Mary Lee Hardy
PLANNER: Chris Gathman
• LEGAL DESCRIPTION: Block 53, Minor resubdivision of the Amended Plat of the Town
of Barnesville, located in part of the NE4 of Section 18, T6N,
R63W of the 6th P.M., Weld County, Colorado.
REQUEST: Site Specific Development Plan and a Special Review Permit for =
a Home Business (parking of 3 semi trucks and 4 trailers) in the X
A(Agricultural)Zone District. W
LOCATION: East of and adjacent to CR 61.5 and approximately 1,100 feet
.
north of State Highway 392.
Chris Gathman, Department of Planning Services, stated that this application is a Use by Special Review
Permit for a home business for parking of 3 semi trucks and 4 trailers in the Agricultural Zone District.
The site is located in Block 53 of a minor resubdivision of the amended plat of the Town of Barnesville. It
is approximately 1,100 feet north of State Highway 392.
The site is currently in violation (VI-0700019)for operating a commercial business in the Agricultural Zone
District without a Special Use Permit. If this application is approved and the plat is recorded the property
will be in compliance. If denied, use of the commercial water tap shall cease, otherwise, the violation case
will proceed accordingly. In the event of a denial, the Department of Planning Services recommends that
this case be forwarded to the County Attorney's Office with a delay in legal action of 30 days.
Eight referral agencies reviewed this case, six referral agencies responded and included conditions that
have been addressed through development standards and conditions of approval.
The USR-1621 site is located on a portion of Block 53, Minor Resubdivision of the Amended Plat of the
Town of Barnsville. The total area of the property is 5 acres.
The property is adjacent to single family residences on rural residential parcels to the north, east and south.
Vacant land is located immediately to the west.
Because this site is located within an unincorporated townsite,the business is required to meet the criteria of a
Home Business per Section 23-1-90. These criteria are:
1) The use is conducted primarily within a dwelling unit or accessory structure and principally carried
.
on by the family resident therein and
2) Such use is clearly incidental and secondary to the principal permitted use and shall not change the
character thereof.
The Department of Planning Services is recommending that semis and trailers associated with this
business be located within an enclosed building to meet the home business definition.Attached
Conditions of Approval and Development Standards will ensure that the proposed use is compatible with
the surrounding area.
The Department of Planning Services did not receive a referral response from the Division of Water
Resources regarding the use of the existing well for employees. However, I did speak with Mr. Nettles of
the Greeley Division of Water Resources Office and he indicated that use of the bathroom in the existing
residence on site was acceptable for employee use provided it was not open to the general public. We
added this provision to development standard#13 in the staff comments.
The Planning Department received three (3)letters of support from neighboring property owners
were submitted with the application. These property owners are located to the southeast, to the
east, and directly to the south of the site.
There is an additional memo submitted by Dave Snyder with Public Works.
The Department of Planning Services recommends approval of this application with the attached
development standards and conditions of approval.
Mary Hardy, 33726 CR 61.5, Gill, Colorado. Mrs. Hardy stated that when they bought the property
• they asked if there were any convenances and were told no. She added that when they had
parked their trucks and trailers there they found out that they were in violation with the Weld
County Code and apologized for that as that was not their intent at all. She added that they had
just received from Dave Snyder a request to apply dust suppression on the road in front of the
property. She commented that they use less than 10%of that road and added that there is oil
development to the north of them and use that road much more often. Mrs. Hardy expressed her
concern with the dust issues and mentioned that the oil and gas development should contribute as
•
well.
Mrs. Hardy said that for the water and sewer issues all their drivers do is come in and park their
cars next to their shop, get into the trucks, and leave the area. They come back at night, get in
their vehicles and then leave. They have stressed the importance to all of their drivers to drive
slowly and no jake braking.
Mrs Hardy said that as far as building a building or putting up a fence she does not feel that it is
necessary. She commented that if they construct a building on their property it would not be to
scale to surrounding properties and that their neighbors are very important to them. She added
that their trucks are clean and mentioned that their neighbors have indicated to them that they
would rather look over them than through a fence when they can't see anything.
Commissioner Ehrilich asked to clarify if the neighbors and the applicants are not in agreement
with the Planning Department in terms of enclosing the business within a building. Mrs. Hardy
said that was correct as that building will have to be so large and they don't wish to do that to their
neighbors.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
Dave Snyder, Department of Public Works, commented that based on latest traffic counts and also that the
State classifies semi trucks as three (3)times the amount of trips, dust suppressant is required on County
Road 61.5. He added that with their truck traffic and their vehicle traffic it would come up to about 24 trips a
day. He also added that County Road 61.5 is a local gravel road and that is why they are asking for dust
suppressant.
• Commissioner Ehrlich commented that the applicant stated that there is an oil company to the north of them
and asked if there is a dust abatement program right now and who that oil company might be. Mr. Snyder
replied that he thinks that they are just drilling wells and that there is no actual oil company.
Commissioner Spitzer asked with regard to dust suppression, how large of an area would that need to be
applied and how long. Mr.Snyder said that it would be 1100 feet from their entrance to the State Highway and
applied twice a year.
Commissioner Holton mentioned that usually we ask for 300 feet and asked why are we making them do an
extra amount. Mr. Snyder replied that it's due to the impact of the adjacent owners but they could possibly
shorten the distance to in front of the residences.
Commissioner Ehrlich commented that he was wondering if the oil company and the applicant could come into
an agreement as far as applying the dust suppression.
Mr.Gathman said that he researched and noted that he didn't find any Special Use Permits out there for an oil
and gas related use.
The Chair asked if the Health Department had anything to add. Char Davis,Department of Health,stated that
there is a memo dated September 13, 2007 which states on Number 9 that a permanent adequate water
supply shall be provided for drinking and sanitary purposes and supplemental bottled water will be supplied for
drivers. Mrs. Davis asked to include that as Number 13 in the Development Standards and renumber
accordingly.
Commissioner Ochsner summarized that one of the big issues here is whether or not to require a building.
Commissioner Spitzer mentioned that there may be alternatives such as screening(hedge row or bushes).
• Mr.Gathman indicated that they have had extensive discussions on this issue. He added that at a minimum
possibly opaque screening should be installed. Staffs' recommendation is that it should be in an enclosed
building, however it is something that can be looked at. He added that if you are looking at screening, we
could recommend some kind of opaque screening material versus a landscaping material.
Commissioner Spitzer asked what the zoning is out there currently. Mr. Gathman replied that it is Agricultural
•
and is one of the old townsites.
Commissioner Holton recalled an issue on County Road 22 where the Board had approved a trucking
company just west of County Road 49 and County Road 22 in which they had a lot more trucks and he doesn't
recall requiring them to have indoor storage or fencing. Mr.Gathman commented that one of the issues that
you run into is that whenever you are in a subdivision or in a platted townsite, which is what Barnesville is
considered, you have a stricter standard as you fall under the home business standard. Therefore if they
weren't in a subdivision the technical requirement for a home business would not be there. However, because
they are in Barnesville that is why it is stricter. Commissioner Holton said that it seems wrong to hold one to a
different standard. Mr. Gathman commented that he understands that, however as staff their hands are
somewhat tied based on the home business definition and they are trying to be consistent in how they apply
these home business applications.
Tom Holton made a motion to delete 1.6 on page 4 of the Conditions of Approval,seconded by Robert Grand.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Paul
Branham, absent; Erich Ehrlich, yes; Robert Grand, yes; Bill Hall, yes; Mark Lawley, yes; Roy Spitzer, yes;
Tom Holton, yes; Doug Ochsner, yes. Motion carried unanimously.
Commissioner Holton asked about 1.C and what is specifically required for the existing building if they are
going to change oil in there. Are they going to have to get a Change of Use on that? Mr.Gathman said that
his understanding in talking with the Plans Examiner is that it is essentially a tracking type of a permit and is
just basically verifying that there maybe some work going on there such as changing oil because originally it
was just for personal storage. Mr. Gathman mentioned that he is not sure if they have to go out there and
inspect as it sounded more like it was a tracking mechanism, however he can get the building official to come
in and verify. Commissioner Holton said that he would like to find that out and also how much it would cost.
• Commissioner Ochsner commented that while they are waiting for the building official we could move onto the
next items.
Roy Spitzer moved to delete the last sentence in 2.A, page 3 of the Conditions of Approval,seconded by Tom
Holton.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Paul
Branham, absent; Erich Ehrlich, yes; Robert Grand, yes; Bill Hall, yes; Mark Lawley, yes; Roy Spitzer, yes;
Tom Holton, yes; Doug Ochsner, yes. Motion carried unanimously.
The Commissioners had a lengthy discussion regarding the dust abatement program and encouraged the
applicant to reach an agreement with the oil company to apply the dust suppressant.
The Chair recognized that the Building Official was here and asked him to refer to Commissioner Holton's
question regarding the existing building and what would be required for inspections and cost.
Roger Vigil, Building Official, stated that with regard to fees of a change of use, they have calculated an
estimate based on the warehouse interior finish at $30.87 per square foot. Therefore a 1200 square foot
building would be approximately$460.00. Mr.Vigil added that since the building is already built they are just
trying to cover the cost of the inspections as it may involve a half a dozen or more inspections.
The Chair moved the attention back to the dust suppression issue.
Commissioner Lawley made a motion that the applicant provide dust control within 300 feet on each side of
the residences(total of 3 homes or 900 feet)per staffs'recommendation,seconded by Commissioner Ehrlich.
• The Chair asked the secretary to poll the members of the Planning Commission for their decision. Paul
Branham, absent; Erich Ehrlich, yes; Robert Grand, no; Bill Hall, no; Mark Lawley, yes; Roy Spitzer, yes;
Tom Holton, no; Doug Ochsner, no. Motion failed.
Mr.Gathman clarified that this is a proposed addition to the staff recommendation,therefore right now there is
no standard in there.
• Commissioner Lawley made a motion to accept the staff recommendation for dust abatement, seconded by
Commissioner Ehrlich.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Paul
Branham, absent; Erich Ehrlich, yes; Robert Grand, no; Bill Hall, no; Mark Lawley, yes; Roy Spitzer, yes;
Tom Holton, no; Doug Ochsner, no. Motion failed.
Tom Holton moved to delete 2.C, page 3 of the Conditions of Approval, seconded by Robert Grand.
Motion carried.
Roy Spitzer moved to add a new Number 13 in the Development Standards to read "that a permanent
adequate water supply shall be provided for drinking and sanitary purposes and supplemental bottled
water will be supplied for drivers", as per the Health Department's recommendation. Mark Lawley
seconded the motion. Motion carried.
The Chair asked the applicants if they read through the amended Development Standards and Conditions of
Approval and if they are agreement with those. The applicants replied that they are in agreement.
Roy Spitzer moved that Case USR-1621, 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, Mark Lawley seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Paul
Branham, absent; Erich Ehrlich, yes; Robert Grand, yes; Bill Hall, yes; Mark Lawley, yes; Roy Spitzer, yes;
Tom Holton, yes; Doug Ochsner,yes. Motion carried unanimously.
The Chair read the next case into record.
• CASE NUMBER: USR-1623
APPLICANT: Jacob&Wendy Simmons c/o Philip Brink
PLANNER: Roger Caruso
LEGAL DESCRIPTION: Lot B of RE-2923; Part of the NE4 of Section 20, T6N, R64W of
the 6th P.M.,Weld County, Colorado.
REQUEST: A Site Specific Development Plan and Special Use Permit for a
Veterinary Clinic or hospitals in the (A)Agricultural Zone District.
LOCATION: South of and adjacent to State Highway 392 and west of and
adjacent to CR 53.
Roger Caruso, Department of Planning Services, stated that the request before the board is a Site
Specific Development Plan and a Special Review Permit for a Veterinary Clinic or hospitals in the
Agricultural Zone District.
The sign announcing the Planning Commission hearing was posted October 24, 2007 by Planning Staff.
The site is located south of and adjacent to State Highway 392 and west of and adjacent to County Road
53.
The surrounding property to the north, south, east and west are primarily single family homes with
agricultural use. There are twelve(12) property owners within 500 feet of the property in question and the
closest home is roughly 600 feet to the northwest. The Department of Planning Services has received
four letters from surrounding property owners requesting denial of the application. The memo and
attachments provided to the Planning Commission include nine letters of support from surrounding
property owners recommending approval of the application.
• The property is currently in violation due to the operation of a Veterinary Clinic without the appropriate
Special Use Permit. The violation has not yet been presented to the Board of County Commissioners
through a Violation hearing; approval of this Use by Special Review will remediate the violation.
The subject property does not lie within the three mile referral area of any municipality.
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