HomeMy WebLinkAbout20072003.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-1615
APPLICANT: Horton Farms II LLC
PLANNER: Jacqueline Hatch
LEGAL DESCRIPTION: Part of the SW4 of Section 28,T2N, R64W of the 6th P.M.,Weld County,Colorado.
REQUEST: Site Specific Development Plan and a Special Review Permit for a Use by Right,an
accessory use, or a Use by Special Review in the Commercial or Industrial Zone
District(manufacturing of landscape blankets) in the (A)Agricultural Zone District.
LOCATION: South of and adjacent to 1-76 Frontage Road and approximately 1/4 mile east of CR
53.
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 23-2-240.A.1 --Adequate water service in terms of quality,quantity and dependability
is available to the site to serve the uses permitted.
Currently there is no well on the site. The ability of the applicant to obtain a well permit for a commercial
use will be evaluated at the time the well permit application is submitted to the State Division of Water
Resources. There is also a stipulation on the plat that this water requirement will be satisfied prior to
recording and that the business will not operate until such requirement is met.
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.
Should the Planning Commission approve this request, the Planning Commission recommends that the
following conditions of approval and development standards be attached:
1. Prior to recording the plat:
A. The applicant shall submit a detailed sign plan to the Weld County Department of Planning
Services for review and approval. (Department of Planning Services)
B. The applicant shall complete SE-1107, RE-4605 and RE-4606. (Department of Planning
Services)
C. The applicant shall provide the Department of Planning Services with a copy of a recorded
deed for the property. (Department of Planning Services)
D. The applicant shall obtain an access permit from the Colorado Department of Transportation.
Additional requirements may be necessary to obtain or upgrade the permit. Evidence of
approval shall be submitted to the Department of Planning Services. (Departments of
Planning Services and Public Works)
E. The applicant shall provide the Department of Planning Services and the Department of
Public Health and Environment with evidence that the facility has an adequate water supply,a
commercial/industrial well permit from the State of Colorado Division of Water Resources.
EXHIBIT
2007-2003 I
Use #1615
Resolution USR-1615
Horton Farms II LLC
Page 2
(Department of Planning Services)
F. The applicant shall submit evidence of an Air Pollution Emissions Notice (A.P.E.N.) and
Emissions Permit application for the Air Pollution Control Division (APCD), Colorado
Department of Health and Environment. Alternately,the applicant can provide evidence from
the APCD that they are not subject to these requirements. The applicant shall submit written
evidence to the Department of Planning Services that they have met the Department of
Public Health and Environment requirements. (Department of Public Health and
Environment)
G. 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
applicant shall submit written evidence to the Department of Planning Services that they have
met the Department of Public Health and Environment requirements.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)
H. The applicant shall address the conditions of the Weld County Department of Building
Inspection as indicated in a referral response dated May 17,2007.Written evidence of such
shall be submitted to the Department of Planning Services. (Department of Building
Inspection)
The applicant shall address the requirements of Weld County Department of Planning
Services, Landscape referral, as stated in the referral dated April 27,2007. Evidence of such
shall be submitted in writing to the Weld County Department of Planning Services.
(Department of Planning Services)
J. The applicant shall address the requirements of the Colorado Department of Transportation,
as stated in the referral response dated May 10, 2007. The Colorado Department of
Transportation shall review and approval a drainage study and a traffic impact study.
Additional requirements may then be included. Evidence of approval shall be submitted in
writing to the Weld County Department of Planning Services. (Department of Planning
Services)
K. The applicant shall attempt to address the requirements of the State of Colorado, Division of
Wildlife, as stated in the referral response dated May 14, 1007. Evidence of such shall be
submitted in writing to the Weld County Department of Planning Services. (Department of
Planning Services)
L. The applicant shall attempt to address the requirements of the Weld County Sheriff's Office,
as stated in the referral response dated April 29, 2007. Evidence of such shall be submitted
in writing to the Weld County Department of Planning Services. (Department of Planning
Services)
Resolution USR-1615
Horton Farms II LLC
Page 3
M. The applicant shall address the requirements of the Weld County Department of Public
Works,as stated in the referral responses dated May 18,2007 and May 22,2007. Including
a drainage report and a possible traffic report. Evidence of such shall be submitted in writing
to the Weld County Department of Planning Services. (Department of Planning Services)
N. The applicant shall address the requirements of the Weld County Department of Public
Health and Environment,as stated in the referral responses dated June 1,2007. Evidence of
such shall be submitted in writing to the Weld County Department of Planning Services.
(Department of Planning Services)
O. The applicant shall complete all proposed improvements including those regarding
landscaping,screening,access improvements and parking lot requirements or enter into an
Improvements Agreement according to policy regarding collateral for improvements and post
adequate collateral for all required materials. 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. (Department of Planning Services)
P. The plat shall be amended to delineate the following:
1. All sheets of the plat shall be labeled USR-1615. (Department of Planning Services)
2. The attached Development Standards. (Department of Planning Services)
3. The applicant shall provide a parking plan that designates parking spots for
employees,customers,and business/delivery trucks. The parking locations shall be
dimensioned and shown according to Section 23-2-260 of the Weld County Code.
(Department of Public Works)
4. The Department of Planning Services has determined from the application materials
that twenty two (22) parking spaces, one truck loading facility, and one (1) ADA
parking space will be required on site. (Department of Planning Services)
5. The off-street parking /loading areas including the access drive shall be surfaced
with gravel, asphalt, concrete or the equivalent and shall be graded to prevent
drainage problems. Each parking space should be equipped with wheel guards
where needed to prevent vehicles from extending beyond the boundaries of the
space and from coming into contact with other vehicles,walls,fences, sidewalks,or
plantings. (Department of Planning Services and Public Works)
6. All future rights-of-way and easements shall be identified and be placed on the plat.
(Department of Public Works)
7. If exterior lighting is proposed to be a part of this facility, all light standards shall be
delineated in accordance with Section 23-3-250.6.6 of the Weld County Code.
(Department of Planning Services)
8. The approved Landscape and Screening Plan. (Department of Planning Services)
Q. 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)
Resolution USR-1615
Horton Farms II LLC
Page 4
2. Upon completion of 1.above the applicant shall submit a Mylar plat along with all other documentation
required as Conditions of Approval.The Mylar plat shall be recorded in the office of the Weld County
Clerk and Recorder by Department of Planning Services' Staff. The plat shall be prepared in
accordance with the requirements of Section 23-2-260.D of the Weld County Code. The Mylar plat
and additional requirements shall be submitted within thirty(30)days from the date of the Board of
County Commissioners resolution. The applicant shall be responsible for paying the recording fee.
(Department of Planning Services)
3. The Department of Planning Services respectively requests the surveyor provide a digital copy of this
Use by Special Review. Acceptable CAD formats are.dwg, .dxf, and .dgn(Microstation); acceptable
GIS formats are ArcView shapefiles,Arclnfo Coverages and Arclnfo Export files format type is .e00.
The preferred format for Images is .tif(Group 4).(Group 6 is not acceptable). This digital file may be
sent to mapsco.weld.co.us. (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.
5. Prior to the issuance of building permits:
A. The applicant shall provide a written sign-off from the South East Weld Fire Protection
District to the Department of Building Inspection. (Department of Planning Services)
6. Prior to Certificate of Occupancy
A. An individual sewage disposal system is required for the proposed modular office and shall
be installed according to the Weld County Individual Sewage Disposal Regulations. The
applicant shall submit written evidence to the Department of Building Inspection that they
have met the Department of Public Health and Environment requirements. (Department of
Public Health and Environment)
B. The septic system is required to be designed by a Colorado Registered Professional
Engineer according to the Weld County Individual Sewage Disposal Regulations. The
applicant shall submit written evidence to the Department of Building Inspection that they
have met the Department of Public Health and Environment requirements. (Department of
Public Health and Environment)
6. Prior to Operation:
A. A stormwater discharge permit may be required for a development / redevelopment /
construction site where a contiguous or non-contiguous land disturbance is grater than or
equal to one acre in area. Contact the Water Quality Control Division of the Colorado
Department of Public Health and Environment at www.cdphe.state.co.us/wq/PermitsUnitfor
more information. The applicant shall submit written evidence to the Department of Planning
Services that they have met the Department of Public Health and Environment requirements.
(Department of Public Health and Environment)
7. 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
Horton Farms II LLC
USR-1615
1. The Site Specific Development Plan and a Special Review Permit for a Use by Right, an Accessory
Use, or a Use by Special Review in the Commercial or Industrial Zone District (manufacturing of
landscape blankets)in the A(Agricultural)Zone District,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. Material shall not exceed the height of the opaque screening. (Department of Planning Services)
4. The hours of operation are 24 hours a day 7 days a week. (Department of Planning Services)
5. There shall be no more than twelve (12) employees on site. (Department of Planning Services)
6. 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)
7. 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)
8. 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)
9. The applicant shall operate in accordance with the approved"waste handling plan". (Department of
Public Health and Environment)
10. Fugitive dust and fugitive particulate emissions shall be controlled on this site. (Department of Public
Health and Environment)
11. This facility shall adhere to the maximum permissible noise levels allowed in the Industrial Zone as
delineated in 25-12-103 C.R.S., as amended. (Department of Public Health and Environment)
12. Adequate handwashing and toilet facilities shall be provided for employees and patrons of the site.
(Department of Public Health and Environment)
13. 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)
14. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
(Department of Public Health and Environment)
15. Be aware that groundwater may not meet all drinking water standards as defined by the Colorado
Department of Public Health and Environment. The Weld County Department of Public Health and
Environment strongly encourages well users to test their drinking water prior to consumption and
periodically there after. (Department of Public Health and Environment)
16. 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 and Environment)
17. If applicable,the applicant shall obtain a stormwater discharge permit from the Colorado Department
of Public Health & Environment, Water Quality Control Division. (Department of Public Health and
Environment)
18. The operation shall comply with all applicable rules and regulations of the State and Federal agencies
and the Weld County Code. (Department of Public Health and Environment)
19. A plan review is required for each building for which a building permit is required. Plans shall include
a floor plan. Two complete sets of plans are required when applying for each permit. (Department of
Building Inspection)
20. Buildings shall conform to the requirements of the various codes adopted at the time of permit
application. Currently the following has been adopted by Weld County: 2006 International Building
Code; 2006 International Mechanical Code; 2006 International Plumbing Code; 2006 International
Fuel Gas Code; and the 2005 National Electrical Code and Chapter 29 of the Weld County Code.
(Department of Building Inspection)
21. Fire resistance of walls and openings, construction requirements, maximum building height and
allowable areas will be reviewed at the plan review. Setback and offset distances shall be
determined by the Weld County Code. (Department of Building Inspection)
24.
22. Building height shall be measured in accordance with the 2006 International 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
Inspection)
23. A letter of approval shall be provided to the Department of Building Inspection for any automatic
sprinkler requirements from the South East Weld Fire Protection District prior to construction of any
structure. (Department of Building Inspection)
24. Effective January 1, 2003, Building Permits issued on the lot will be required to adhere to the fee
structure of the Weld County Road Impact Program. (Ordinance 2002-11)(Department of Planning
Services)
25. 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)
26. The landscaping on site shall be maintained in accordance with the approved Landscape and
Screening Plan. (Department of Planning Services)
27. On site lighting, including security lighting if applicable shall maintain compliance with Section 23-3-
250.B.6 of the Weld County Code. (Department of Planning Services)
28. 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)
29. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code.
30. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250, Weld County Code.
31. 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.
32. 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.
33. 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.
Motion seconded by Tom Holton.
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 19, 2007.
.-� Dated the 19th of June, 2007.
Donitat May
Secretary
(t - 11-,)03-7
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Paul
Branham,yes; Erich Ehrlich,yes; Bruce Fitzgerald,yes;Tom Holton,yes; Mark Lawley,yes; Roy Spitzer,yes;
Doug Ochsner, yes, with comment; Chad Auer, yes. Motion carried unanimously.
Doug Ochsner said he would like to compliment the Planning Staff on the Consent Agenda as this
demonstrated how hard they had worked with all of the applicants prior to the hearing to resolve any issues.
Bruce Fitzgerald echoed Mr. Ochsner's comment.
HEARING ITEMS
Specific time for public input has been set aside for discussion on the following items:
CASE NUMBER: USR-1615
APPLICANT: Horton Farms II LLC
PLANNER: Jacqueline Hatch
LEGAL DESCRIPTION: Part of the SW4 of Section 28,T2N, R64W of the 6th P.M.,Weld County,Colorado.
REQUEST: Site Specific Development Plan and a Special Review Permit for a Use by Right,an
accessory use, or a Use by Special Review in the Commercial or Industrial Zone
District(manufacturing of landscape blankets) in the (A)Agricultural Zone District.
LOCATION: South of and adjacent to 1-76 Frontage Road and approximately 1/4 mile east of CR
53.
Jacqueline Hatch, Department of Planning said Horton Farms II LLC c/o Steve Parry has applied for a Site
Specific Development Plan and a Special Review Permit for a Use by Right, an Accessory Use, or a Use by
Special Review in the Commercial or Industrial Zone District(manufacturing of landscape blankets) in the A
(Agricultural)Zone District.
The sign announcing the Planning Commission hearing was posted on June 5, 2007 by staff.
The site is located South of and to adjacent to 1-76 Frontage Road and approximately Y mile East of County
Road 53.
The Department of Planning Services'Staff recommends that this request be denied for the following reason:
Section 23-2-240.A.1 --Adequate water service in terms of quality, quantity and dependability is available to
the site to serve the uses permitted.
The site currently does not have a well on site. As stated in the referral dated May 7, 2007 from the State of
Colorado Division of Water Resources "According to the submitted information, the site will be served by a
domestic well. From the submitted information it is unclear if there is an exiting domestic well located on the
property or if a new well will be constructed. Given the proposed uses at the site a nonexempt commercial
well permit approved pursuant to C.R.S.37-90-137 will be required. Unless the applicant seeks a well permit
for a non-tributary source, a court approved augmentation plan will be required in order to obtain a well permit
for the proposed uses. According to the files of the State Engineer's Office the applicant has not yet submitted
a well permit application to change the use of an existing well or to construct a new well at the site. The ability
of the applicant to obtain a well permit for a commercial use will be evaluated at the time the well permit
application is submitted to the State Division of Water Resources.
No letters have been received from surrounding property owners.
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EXHIBIT
Fourteen referral agencies reviewed this case, two referral agencies had no comments, and nine referral
agencies included conditions that have been attempted to be addressed through the development standards
and conditions of approval. No comments were received from the Brighton/South East Weld Soil
Conservation District, the Burlington Northern Railroad, and the South East Weld Fire Protection District.
The applicant did apply for a commercial well permit on June 13, 2007. The Weld County Department of
Planning Services is still recommending this application be denied due to the lack of an appropriate water
source on site because the Code states that "adequate water service in terms of quality, quantity and
dependability is available to the site to serve the uses permitted".
Paul Branham asked why they had to complete two Recorded Exemptions and a Subdivision Exemption. Ms.
Hatch explained the Recorded Exemption and the Subdivision Exemption were a part of creating this parcel
and needed to be done prior to the Use by Special Review being completed.
Bruce Fitzgerald asked if a commercial well permit was required. Ms. Hatch repeated that the Code stated,
"Adequate water service in terms of quality,quantity and dependability is available to the site to serve the uses
permitted".
The Chair asked if the applicant wished to add to the presentation.
Steve Parry, 5336 Flatrock Ct, Morrison, CO, the applicant, representing one of three owners and
accompanied by Jay Pansing, Roy Enter and Brian Dingels, President of ERO and his partner Don Nelson,
said he would address any questions the Commissioners might have. He said he was sure most of the
attendees had seen the landscape blanket material they produced,which were applied to stabilize new slopes,
to prevent erosion and to help in germination of foliage. It was manufactured via a straw base that is stitched
together with a plastic like material and rolled out over the landscape area. The material
dissipates/deteriorates over time through a photo synthesis process and is environmentally safe. This is
additionally a clean operation and does not produce waste materials. It does not require water for the process.
The only water needs for the site would be for potable water, restrooms and perhaps minor landscaping.
Jay Pansing, 1901 Ivanhoe St, Denver, CO, summarized their water needs by saying that they have water
engineers that have analyzed the property and given them written assurance there is a three hundred year
supply of water for their specific uses. The engineers they had hired did not file for the well permit so he filed it
Wednesday, June 13, 2007 and they were asking for approval of their application conditional upon their
commercial permit being granted.
Bruce Fitzgerald asked if they realized their case would be much stronger if they had their well permit in place.
Mr. Parry said they did recognize that and expected to have the well permit a few weeks in advance of the
Board of County Commissioner's hearing.
Roy Spitzer asked about a letter from Bishop Ogden regarding water issues. Mr. Parry said that he did have
the letter.
Brian Dingels, 412 Highway South, Mapleton, MN, owner of the proposed business, said he owns plants in
Minnesota and Georgia similar to the one he is proposing in this application; he has had no problems at all;
the plant produces very little waste;he gave a brief description of how the straw is stitched to a plastic netting,
rolled up and distributed allover the United States;there are no chemicals involved in production and the only
waste is a fine straw that gets collected and hauled out for agricultural uses and animal bedding.
Bruce Fitzgerald asked if the materials were combustible and if Mr. Dingels was prepared to follow whatever
the area Fire Department might recommend. Mr. Dingels said that he would:
Tom Holton asked if Planning had received a referral letter from the fire department. Ms. Hatch said they had
not and the letter regarding the 300 year water supply is in the Commissioner's packets. Mr. Holton then
asked Mr. Dingels where his materials for the landscape blankets would come from. Mr. Dingels said he
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planned to purchase straw from the local farmers and that his business would require approximately 1500
acres of straw per year.
Doug Ochsner asked about storage of the straw and truck traffic. Mr. Dingels'responded by saying that the
straw storage was to be located outside and inside in storage areas. He did say that one to two trucks,
carrying straw, per day, per shift, was all that would be occurring at the onset of the operation but that he
hoped to have this plant running twenty four hours a day, seven days a week as his other plants do. Mr.
Fitzgerald inquired if the operation was seasonal or year around. Mr. Dingels replied that though the
manufacture was seasonal due to the availability of the materials, distribution was year around.
Mr. Holton asked if they were to go to twenty four hour a day production,would twelve employees be enough.
Mr. Dingels said he didn't know how the twelve employee number was arrived at and did not want to set a limit
on employees at the site. Ms. Hatch said because they had specified three to five employees per shift in their
application that was how Planning had arrived at the number twelve. Mr. Dingels asked that the number of
employees on site per shift be increased.
Mr. Ochsner asked Don Carroll, Public Works, if parking was adequate on the site. Mr. Carroll replied they
had adequate parking and circulation on the site. Mr.Ochsner reminded Mr. Dingels that now was the time to
ask for the maximum number of employees. Mr.Dingels then said he would prefer to have twenty employees
spelled out in the application.
Mr. Holton pointed out that the way the application read, if they have three shifts and twelve employees per
shift, the total would be thirty six, well above the requested twenty.
Ms. Hatch said it could read that they have no more than twelve employees on site per shift.
Paul Branham asked Mr. Dingels if he were agreeable to a total of thirty six employees or twelve per shift. He
said that he was.
Mr. Dingels closed by saying they would get the water permit as soon as possible and asked for approval
conditional upon that acquisition.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
Erich Ehrlich inquired about the straw storage in the building and whether the County Code addressed raw
storage with sprinklers or hydrants since they had no referral from Southeast Weld Fire Protection District 16.
Ms. Hatch cited development standard twenty three which states,"A letter of approval shall be provided to the
Department of Building Inspection for any automatic sprinkler requirements from the South East Weld Fire
Protection District prior to construction of any structure. (Department of Building Inspection)"
The Chair summarized by saying that the application is complete except for the proof of adequate water
supply for the site and asked for comments or a motion.
Roy Spitzer asked Mr. Fitzgerald to review the water issue discussion he had with Planning Staff. Mr.
Fitzgerald said the lack of water was a stumbling block but he felt the application was a good fit for the County.
Chad Auer said these concerns were addressed in 1.E. which states, "The applicant shall provide the
Department of Planning Services and the Department of Public Health and Environment with evidence that the
facility has an adequate water supply,a commercial/industrial well permit from the State of Colorado Division
of Water Resources", prior to recording the plat.
Mr. Holton said they can't really move forward with their business until they get the water permit. Ms. Hatch
said that was correct.
6
Mr. Branham said that he believed the applicant would be diligent in providing adequate water, there were
development standards and conditions of approval in place and he did not see why the application could not
move forward.
The Chair asked the applicant if he agreed with the development standards and conditions of approval.
Mr. Parry replied that he did.
Paul Branham moved that Case USR-1615, 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. Bruce Fitzgerald seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Paul
Branham, yes; Erich Ehrlich,yes; Bruce Fitzgerald,yes;Tom Holton,yes;Mark Lawley,yes; Roy Spitzer,yes;
Doug Ochsner, yes; Chad Auer, yes. Motion carried unanimously.
The Chair cited Section 23-2-240A.1 regarding adequate water service in terms of quality, quantity and
dependability and said he voted in favor of the approval of the application because there was a stipulation
in the plat that this be satisfied prior to recording and the business beginning operation.
Meeting adjourned at 2:15 p.m.
Respectfully submitted,
Donita May
Secretary
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