HomeMy WebLinkAbout20070103.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Bruce Fitzgerald, along with several Development Standards additions, 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-1577
APPLICANT: Sheryl Hill
PLANNER: Hannah Hippely
LEGAL DESCRIPTION: Lot A of RE-3591; Pt SE4 of Section 31, T7N, R64W of the 6th
P.M., Weld County, Colorado.
REQUEST: 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 District
(Outdoor storage of tires, Semi-tractor, Cars, Trucks, Trailers,
Farm Machinery and Hay) in the A(Agricultural)Zone District
LOCATION: West of and adjacent to CR 51; approx. 'G mile north of CR 74.
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 — That the proposed use is consistent with Chapter 22 and
any other applicable code provisions or ordinance in effect. Section 22-2-60 A.3.
Allow commercial and industrial uses, which are directly related to, or dependant
upon agriculture, to locate within the A (Agricultural) Zone District when impact to
the surrounding properties is minimal, and where adequate services and
infrastructure are currently available or reasonably obtainable. Agricultural
businesses and industries will be encouraged to locate in areas that minimize the
removal of agricultural land from production. Agricultural business and industries
are defined as those which are related to ranching, livestock production, farming
and agricultural uses. The proposed use is related to agriculture in that the
majority of the items on the premises will be tractor and other large vehicle tires
as well as farm implements and vehicles. The Conditions of Approval and
Development Standards will ensure that the impact on surrounding properties will
be minimal. At 1.19 acres, this parcel is too small for viable farming and locating
this use there does not remove land from agricultural production.
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 allows
for any use permitted as a Use by Right, an Assessory Use, or a Use by Special
Review in the Commercial or Industrial Zone Districts as a Use by Special
Review in the A (Agricultural)Zone District.
This Use by Special Review application is the result of an active zoning violation
(VI-0400260). The Conditions of Approval and Development Standards will
ensure that the proposed use is compatible with its surroundings. The Use by
Special Review permit, if approved will correct the violation. If for any reason this
application is denied the violation case will proceed through district court as it
was presented to the Board of County Commissioners through the Violation
Hearing process on January 11, 2005. At this hearing the violation was referred
to the County Attorney's Office for legal action.
CO to
C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with = ^
the existing surrounding land uses. There are seven properties within 500 feet of M1\
the property under consideration. All seven properties are zoned A(Agricultural).
Of the seven properties only two have residences; there is a single-family across
arms
2007-0103
Resolution USR-1577
Sheryl Hill
Page 2
CR 51 diagonal to the northeast. The other surrounding properties are used for
agricultural purposes. A dairy permitted under USR-1133 for 2500 cows lies a
mile north of the site, while the Town of Galeton lies a mile south. None of the
surrounding property owners have responded to this application.
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 property is not located in
an area where Chapter 22 of the Weld County Code proposes changes to the
existing conditions. There were no municipal or county referral agencies within a
three (3) mile radius of the property of which it could be the subject of an adopted
Master Plan.
E. Section 23-2-220.A.5--The application complies with Section 23-5 of the Weld
County Code. The property is not within any Overlay Districts.
Effective January 1, 2003, Building Permits issued on the proposed lots will be
required to adhere to the fee structure of the County Road Impact Program.
(Ordinance 2002-11)
Effective August 1, 2005, Building permits issued on the 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.6-- The applicant has demonstrated a diligent effort to
conserve prime agricultural land in the locational decision for the proposed use.
The site is designated prime agricultural land on the Important Farmlands of
Weld County map dated 1979 although. The size of the parcel (1.19 acres) does
not provide for viable agriculture in accordance with Section 22-2-60.1.
G. Section 23-2-220.A.7— There is adequate provision for the protection of the
health, safety, and welfare of the inhabitants of the neighborhood and the
County. The Design Standards (Section 23-2-240, Weld County Code),
Operation Standards (Section 23-2-250,Weld County Code), 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 scheduling a Board of County Commissioners hearing:
A. The applicant shall submit a detailed landscaping and/or screening plan to the
Weld County Department of Planning Services for review. This proposal shall
address the type of fencing materials, if metal fencing is suggested a painted
surface or non-reflective material is required. (Department of Planning Services)
B. The applicant has not delineated any on-site signs. If an on-site sign is desired,
the sign shall adhere to Section 23-4-90 of the Weld County Code. Further, the
location of the sign, if applicable, shall be delineated on the Plan Map.
(Department of Planning Services)
Resolution USR-1577
Sheryl Hill
Page 3
C. The applicant shall submit to the Department of Planning Services written
evidence that the Galeton Fire Protection District has reviewed the application
and finds no objection to the proposed use.
2. Prior to recording the plat:
A. The applicant shall address the requirements from the Department of Public
Works as stated in their referral dated November 6, 2006. Evidence of their
approval shall be submitted to the Department of Planning Services.
(Departments of Public Works and Planning Services)
B. The applicant shall address the requirements from the Weld County Department
of Public Health & Environment as stated in their referral dated September 20,
2006. Evidence of approval shall be provided to the Department of Planning
Services.
1. The applicant shall submit a dust abatement plan for review and
approval, to the Environmental Health Services, Weld County
Department of Public Health & Environment.
2. 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:
a. A list of wastes which are expected to be generated on site (this
should include expected volumes and types of waste generated).
b. A list of the type and volume of chemicals expected to be stored
on site.
c. The waste handler and facility where the waste will be disposed
(including the facility name, address, and phone number). (Weld
County Department of Public Health & Environment)
C. The plat shall be amended to delineate the following:
1. All sheets of the plat shall be labeled USR-1577 (Department of Planning
Services)
2. The plan map shall meet all requirements as listed in Section 23-2-260.D
of the Weld County Code. (Department of Planning Services)
3. The attached Development Standards. (Department of Planning
Services)
4. Approved signage and landscaping plans as applicable. (Department of
Planning Services)
5. If lighting is proposed or existing on site it shall be noted on the Plat. The
applicant shall adhere to the lighting standards, in accordance with
Section 23-2-160.U.6 and Section 23-3-250.B.6 of the Weld County
Code. (Department of Planning Services)
D. 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-1577
Sheryl Hill
Page 4
.-. 3. 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)
4. In accordance with Weld County Code Ordinance 2006-7 approved June 1, 2006, 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. The Department of Planning Services respectively requests the surveyor provide a digital
copy of this Recorded Exemption/Subdivision Exemption/Use by Special Review/.
Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats
are ArcView shapefiles, Arclnfo Coverages and Arclnfo Export files format type is .e00.
The preferred format for Images is .tif(Group 4). (Group 6 is not acceptable). This digital
file may be sent to maps(o�co.weld.co.us. (Department of Planning Services)
6. 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)
r
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Roger and Sheryl Hill
USR-1577
1. A Site Specific Development Plan and a Special Review Permit for a use permitted as a
Use by Right, an Assessory Use, or a Use by Special Review in the Commercial or
Industrial Zone Districts (Outdoor Storage of Tires, Semi-tractor, Cars, Trucks, Trailers,
Farm Machinery, Hay) in the Agricultural (A) 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. 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. The applicant must
take into consideration stormwater capture/quantity and provide accordingly for best
management practices. (Department of Public Works)
4. Parking areas and the access drive shall be surfaced with recycled asphalt, gravel, or the
equivalent and shall be graded to prevent drainage problems and dust control.
(Department of Public Works)
5. There shall be no parking or staging of equipment or vehicles on Weld County roads. The
applicant must utilize on site parking.
,-� 6. Opaque fencing must be erected and maintained around the full perimeter of the
property. The fence must be tall enough to fully screen stored items from abutting
properties and public rights of way. (Department of Planning Services)
7. The landscaping on site shall be maintained in accordance with the approved Landscape
Plan. (Department of Planning Services)
8. There will be no employees on-site; the site will be used for pick-up and delivery of items
and site maintenance purposes only. (Department of Planning Services)
9. When no one is present on the property the gate shall be closed.
10. Hours of operation are limited to 8:00am to 6:00 pm. (Department of Planning Services)
11. 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)
12. No permanent disposal of wastes shall be permitted at this site. (Department of Public
Health and Environment)
13. All materials shall be handled, stored, and disposed in a manner that controls fugitive
dust, blowing debris, fire hazards and other potential nuisance and safety hazard
conditions. (Department of Public Health and Environment)
14. Fugitive dust shall be controlled on this site in accordance with the approved Dust
^ Abatement Plan. (Department of Public Health and Environment)
15. 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)
Resolution USR-1577
Sheryl Hill
Page 2
16. 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)
17. Property shall be maintained in such a manner that grasses and weeds are not permitted
to grow taller than twelve (12) inches. In no event shall the property owners allow the
growth of noxious weeds. (Department of Planning Services)
18. 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. (Platte
Valley Soil Conservation District)
19. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240, Weld County Code.
20. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250, Weld County Code.
21. The operation shall comply with all applicable rules and regulations of the State and
Federal agencies and the Weld County Code.
22. 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.
23. Bottled water for drinking and sanitary purposes shall be available.
24. 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.
25. Batteries and fluids shall be removed from all vehicles, tractors and farm equipment and
appropriately disposed/recycles before storage to ensure that contamination of soil and
groundwater does not occur.
26. 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.
27. 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 Doug Ochsner
Resolution USR-1577
Sheryl Hill
Page 3
VOTE:
For Passage Against Passage Absent
Bruce Fitzgerald
Chad Auer
Tom Holton
Doug Ochsner
James Welch
Erich Ehrlich
Roy Spitzer
Paul Branham
Mark Lawley
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the
file of this case to the Board of County Commissioner's for further proceedings.
CERTIFICATION OF COPY
I, Voneen Macklin, Recording Secretary for the Weld County Planning Commission, do hereby
certify that the above and foregoing resolution is a true copy of the resolution of the Planning
Commission of Weld County, Colorado, adopted on November 7, 2006.
Dated the 7th of November, 06.
Voneen Macklin
Secretary
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, November 7, 2006
A regular meeting of the Weld County Planning Commission was held Tuesday 2006, in the Weld County
Department of Planning Services, Hearing Room,918 10th Street,Greeley,Colorado. The meeting was called
to order by Chair, Chad Auer, at 1:30 p.m.
ROLL CALL
Erich Ehrlich
Roy Spitzer Absent
James Welch Absent
Bruce Fitzgerald
Chad Auer
Doug Ochsner
Tom Holton
Paul Branham
Mark Lawley
Also Present: Brad Mueller, Kim Ogle, Roger Vigil, Hannah Hippely, Chris Gathman,
The summary of the last regular meeting of the Weld County Planning Commission held on October 17,2006,
2006, was approved as amended.
The following Items are on the Continued:
CASE NUMBER: USR-1580
APPLICANT: Justin &Andrea Davis
PLANNER: Chris Gathman
LEGAL DESCRIPTION: Part SW4 of Section 32, T12N, R60W of the 6th P.M., Weld County,
Colorado.
REQUEST: A Site Specific Development Plan and Special Review Permit for a home
business (manufacturing steel frames for steel washers) in the A
(Agricultural)Zone District.
LOCATION: East of and adjacent to CR 99 and approx. 3/4 mile south of CR 136.
Chris Gathman, Department of Planning Services read a letter requesting a continuance to December 19,
2006 to allow for mineral notification.
The Chair asked if there was anyone in the audience who wished to speak for or against the continuance of
this application. No one wished to speak.
Bruce Fitzgerald indicated this was a south hearing. Mr. Gathman stated this was agreeable to the applicant
due to his inability to be at the January 2, 2007 hearing.
Doug Ochsner moved to continue. Erich Ehrlich seconded.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Mark
Lawley, yes; Erich Ehrlich, yes; Chad Auer,yes;Tom Holton,yes; Doug Ochsner,yes; Bruce Fitzgerald,yes;
Paul Branham, yes. Motion carried unanimously.
The following Items will be Heard:
CASE NUMBER: USR-1577
APPLICANT: Sheryl Hill
PLANNER: Hannah Hippely f`
LEGAL DESCRIPTION: Lot A of RE-3591; Pt SE4 of Section 31, T7N, R64W of the 6th P.M., CO
Weld County, Colorado. T
REQUEST: A Site Specific Development Plan and Special Review Permit for a use jtY]
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permitted as a Use by Right, an Accessory Use or a Use by Special
Review in the Commercial or Industrial Zone District (Outdoor storage of
tires, Semi-tractor, Cars, Trucks, Trailers, Farm Machinery and Hay) in
the A(Agricultural)Zone District
LOCATION: West of and adjacent to CR 51; approx. 1/2 mile north of CR 74
Hannah Hippely Department of Planning Services presented the Planning Commission with additions to the
Development Standards and Conditions of Approval. Char Davis, Department of Public Health and
Environment included additional standards.
Bruce Fitzgerald asked how the noise levels were determined. Ms.Davis indicated it would be a commercial
business in residential area and there is only a 10 decibel difference between commercial and residential.
Chad Auer indicated since there was changes this would need to be removed from the Consent Agenda and
heard. Mr. Barker agreed.
Doug Ochsner and Bruce Fitzgerald would like this removed from the Consent Agenda.
Hannah Hippely, Department of Planning Services presented Case USR-1577, reading the
recommendation and comments into the record. The Department of Planning Services is recommending
approval of the application along with the Conditions of Approval and Development Standards. USR-1577
is for A Site Specific Development Plan and a Special Review Permit for a use permitted as a Use by
Right, an Assessory Use, or a Use by Special Review in the Commercial or Industrial Zone Districts
(Outdoor Storage of Tires, Semi-tractor, Cars, Trucks, Trailers, Farm Machinery, and Hay) in the
Agricultural (A)Zone District. The sign announcing the Planning Commission hearing was posted
October 27, 2006 by Planning Staff. The site is located West of and adjacent to County Road 51 and
approximately'A mile North of CR 74. The surrounding property is primarily agricultural. Three
residences are located East and North, across CR 51. Use by Special Review Permit existing in the area
include USR-1133 for 2500 head, located %3 mile north of the site, SUP-315 for a Hog Farm on the
property across does not appear to be active at this time. A permit for an Adult Group Home (USP-703
Am) also exists. Seven referral agencies reviewed this case, five responded favorably or included
conditions that have been addressed through development standards and conditions of approval. No
comments were received from the Sheriffs Office or the Galeton Fire Protection District. The Department
of Planning Services has received two letters from surrounding property owners and one from a property
owner's agent. The property owner's main concerns seem to be the parking of semi-trailers in the county
road during unloading and the safety hazard this creates, the condition of the ditch along the property,
possible fire or environmental hazard, hours of operation, and the possible devaluation of their property.
Staff feels that most of these concerns have been or can be addressed through the Conditions of
Approval and Development Standards. Staff would however, like to add two additional development
standards. The first additional standard states: "There shall be no parking or staging of equipment or
vehicles on Weld County roads. Utilize on site parking." The second states: "When no one is present on
the property the gate shall be closed." Furthermore the health and safety issues raised in regards to the
borrow pit and the white material in it are being investigated by The Department of Public Works and the
Department of Public Health and Environment.
Sheryl Hill,applicant, provided clarification on the intent of the proposal. There are no buildings on site. This
storage area is overflow for the existing business in Galeton. There are not buildings on site and there will be
no one on site for an extended period of time.
Doug Ochsner asked for clarification on the outdoor storage of tires,whether they were used or new;whether
they were left on site permanently and the loading of the alfalfa from the road. Ms. Hill stated the tires are both
new and used and they are used for the business and personal use. They are used on old vehicles and
tractors as well as for tire feeders. This site is for storage of overflow of the business. Ms. Hippely added that
there is additional Development Standards that address no parking or staging on Weld County roads. Ms.Hill
added there is adequate room on site;the trucks can pull onto the site. There is no need to be on the county
road.
Paul Branham asked for clarification on derelict vehicles. Ms. Hill stated the vehicles onsite are being parted
out and used. After they are used they can be taken to junkyard, once they are of no use they can be
removed. Mr. Branham asked how many were there; rather they were in running order. Ms. Hill stated there
2
were approximately 10-15 being parted out.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Kimberly Cecil, neighbor,indicated her concerns. They are trying to sell dry corner and the property value has
plummeted; there have been trailers of hay parked on road and this is a safety hazard; the road is heavily
traveled;the tires next to the hay pose a fire hazard;this is an eyesore to the community;it is hazardous to the
area and there is white material(plaster)in ditch which is not part of property. They would not like to see this
be approved.
The Chair closed Public portion
Bruce Fitzgerald asked if this was in violation now and how long used like this. Ms. Hippely added this was in
violation and that case was initiated in 2005.
Paul Branham asked if there had ever been any problems with water run off as result of ditches. Don Carroll,
Department of Public Works,added the material in the ditch appeared to be like plaster. Presently there are
sprinklers on the properties above this site so there would be no tail water or live water the only water would
be flooding or run off. The applicant needs to clean both ends of the culvert. The material may have been
placed adjacent to bank so it would not erode. Mr. Branham asked if there was a Development Standards to
clean that material. Mr.Carroll stated it could be added. There are Conditions of Approval that do not allow
for parking or staging. The material can be evaluated and a recommendation can be made.
Tom Holton asked if this was a county ditch or an irrigation ditch. Mr.Carroll stated it was part of the 60 feet of
right-of-way; it would depend on who was there first the road or the ditch.
Sheryl Hill added the white material is sand from the casting business that her brother owns and it can be
moved. Mr. Branham asked why it was put there. Ms. Hill stated her father in law placed the material there to
stop the erosion of the dirt that was placed on the property.
Erich Ehrlich asked for clarification on the size of the entrance and whether they trucks have the ability to go in
and out safely off CR 51. Ms. Hill stated the size of the gate has tripled in size for semis. Ms. Hippely added
they have been granted 30 foot access according to the plat drawing. Mr. Ochsner asked if that were large
enough for a truck to enter and exit. Mr.Carroll stated they have suggested the applicant utilize onsite parking
for loading and unloading.
Bruce Fitzgerald asked how long they have owned the site and was this the primary site. Ms.Hill stated they
had owned the property for a year and a half and have used it for storage for the past year. The site is strictly
used for the business in Galeton.
Paul Branham asked how many old tires on property pose a fire hazard. Ms. Hill stated there is
approximately 200 +/-tires on site and there can be spacing placed between them. The hay is on the north
side of property.
Tom Holton stated he was not sure about the size of the gate but in his observation the site was full but he
could only see tires. This seems to be more of a salvage yard not an agricultural based business. Ms. Hill
stated they are trying to get some of the tires removed and get more organized. They are working to clean it.
What point would be a breaking point? Ms. Hippely stated that staff had received nothing from Galeton FPD
so they could not address any issues. They are limited as to how many stacks before going over fence. Mr.
Holton asked how many vehicles and agricultural related equipment there were. Ms. Hill stated there were
approximately 8-10 cars,4-5 trucks,one tractor for parts. Mr.Holton asked at what point this is considered a
salvage yard not an agricultural business. This is presently an accessory to an existing business. Ms.Hippely
stated a salvage yard would need to come through the same USR process as this. Mr. Holton stated there is
a difference and this would be a salvage yard not agricultural. Ms. Hippely added that staff considered the
agricultural use because of the hay and tire tractors and them being used for the support of agricultural.
Bruce Fitzgerald asked if this was approved what would keep the applicant from turning this into a wrecking
yard. Mr. Barker stated there are Development Standards that limit what can be stored in terms of quantity;
they can do whatever would fit on property.
3
Doug Ochsner asked Mr. Lawley for suggestions on possible fire hazards. Mr. Lawley stated these are
typically fire hazards and destroy everything. The issue would be the Galeton FPD and what their standards
are which could be different. There could be some spacing issues.
Paul Branham asked if a salvage yard would need a different application. Mr. Barker stated the planners
would need to determine the difference in the USR for a salvage yard and what that would include. A salvage
yard would include activity to dismantle and reassemble. The distinction would be in the code. If the activity is
being done then it may be outside of the USR process. This would mean they are using this more as a junk
yard and not an agricultural business.
Char Davis,Department of Public Health and Environment indicated she has another Development Standards
to be added. The language shall consist of"The applicant shall operate in accordance with approved waste
handling plan."
Hannah Hippely stated the application for salvage or junk yard would be the same process. Staff would get
much the same result from the referral agencies. Mr. Barker stated the code would distinguish between this
and a junkyard. A junkyard or salvage is more commercial use while these are their personal items and they
only have access the site. If turned into a junkyard it would consider a substantial change. Ms. Hippely stated
the public does not have access to the site. This site is storage until such time when they need it. As
opposed to someone's salvage in yard.
Sheryl Hill added the vehicles are used for themselves no one else and this is the same with trucks. Mr.
Holton asked where the tires are from. Ms. Hill stated they are from local dealerships and they use them for
themselves. The tires are also used in the existing tire shop business. The tires that are not used either for
personal use or business use is taken to Tire Mountain to dispose of.
Doug Ochsner asked why the need for a USR if this is for their personal use. Ms. Hippely stated it was due to
the outdoor storage of derelict vehicles. Mr. Ochsner added there are Development Standards that indicate
nothing will be stacked over fence height. Ms. Hippely stated that was correct.
Paul Branham moved to accept the addition of Development Standards#5 to state'There shall be no parking
or staging of equipment or vehicles on Weld County roads. Utilize on site parking" and Development
Standards#7 to state"When no one is present on the property the gate shall be closed." Bruce Fitzgerald
seconded.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Mark
Lawley,yes; Erich Ehrlich,yes; Chad Auer,yes;Tom Holton,yes; Doug Ochsner,yes; Bruce Fitzgerald,yes;
Paul Branham,yes. Motion carried unanimously.
Char Davis,Department of Public Health and Environment,recommended adding the following Development
Standards and numbering them #25, #26,#27,#28, and#29:
Development Standards#25 shall state"The applicant shall operate in accordance with the approved"waste
Handling plan."
Development Standards#26 shall state"Bottled water for drinking and sanitary purposes shall be available."
Development Standards #27 shall state"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."
Development Standards#28 shall state"The operation shall comply with all applicable rules and regulations of
the State and Federal agencies and the Weld County Code."
Development Standards#29 shall state"Batteries and fluids shall be removed from all vehicles,tractors and
farm equipment and appropriately disposed/recycles before storage to ensure that contamination of soil and
groundwater does not occur."
Tom Holton moved to accept the additional Development Standards from Department of Public Health and
Environment. Doug Ochsner seconded. Motion carried.
Don Carroll, Department of Public Works, suggested amending 2A to modify the date of a memo from
September to November 6, 2006 that was sent to staff. Department of Public Works revised the memo and
brought it to staff.
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Tom Holton moved to accept the change to Conditions of Approval 2A. Doug Ochsner seconded. Motion
carried.
Sheryl Hill agreed to the Development Standards and Conditions of Approval.
Tom Holton stated it may not be a salvage yard but there should be some limitations on the vehicles. Mr.
Fitzgerald would like to hear what the applicant feels would be a maximum number of vehicles on site. Ms.
Hill suggested speaking with the Galeton FPD to get an accurate number. Mr. Lawley the fire code will not
address numbers just the height. Ms.Hill added they could leave 10 derelict vehicles there and there could be
a couple hundred tires.
Doug Ochsner added that if the area is screened and fenced;a person cannot tell the quantity on site so there
would not need to be a limit. Limiting tires adds another item that is unenforceable. Mr. Holton asked if the
trailers would be considered derelict if there were no licenses. Ms. Hippely stated they would be considered
derelict if there are no tags and that would give a cause for a limited number. Mr. Holton those would be seen
above the screen. Mr. Ochsner asked if this was not already addressed in the code. This would need to be
clarified. In the agricultural zone they are limited to one as a use by right but an additional limit could be added
the Planning Commission could also limit the number of derelict vehicles including cars trucks and such. The
applicant can place in the application the number they would like. Mr. Branham would agree that 10 in-
operable and/or unlicensed vehicles including trailers not to include agricultural items.
Paul Branham moved to add Development Standards#30 to state"the applicant shall have no more than ten
inoperable and/or unlicensed vehicles." Tom Holton seconded.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Mark
Lawley,yes; Erich Ehrlich,yes; Chad Auer, yes;Tom Holton,yes; Doug Ochsner, no; Bruce Fitzgerald,yes;
Paul Branham, yes. Motion carried.
Doug Ochsner commented he would like to see it more specific to state just the tractor trailers that are above
site level.
Paul Branham asked if that would adequately address the tires;what number of tires would be adequate. Mr.
Lawley added a Development Standards could be added that would addresses national recognized standards
for tire spacing and tire height. Ms. Hippely added that a Conditions of Approval could be added to Prior to
Recording the applicant would need to get approval from the Galeton FPD. Mr. Barker added that
Development Standards#11 could be changed to state"All materials and items stored shall be handled stored
and/or disposed of in a manner that controls fugitive dust, blowing debris, fire hazards and other potential
nuisance and safety conditions." The number of tires would need to comply with the ability to move them
around and keep material such as hay in safe place.
Tom Holton moved to accept the language by Mr. Barker. Doug Ochsner seconded. Motion carried.
Erich Ehrlich added that this parcel is 1.19 acres and the hay stacks will be above the screening of the fence.
Mr. Branham would like to see Galeton FPD inspect the site and approve the current conditions. Mr. Auer
suggested amending Development Standards #11 and moving the condition to Prior to Board of County
Commissioners or Recording the plat. Mr. Branham suggested the inspection be done now.
Paul Branhan moved to amend Conditions of Approval 1C to state "The applicant shall provide to the
Department of Planning Services a letter of sign off from the Galeton FPD." Bruce Fitzgerald seconded.
Motion carried.
Doug Ochsner added that due to the size of the site,the Development Standards and Conditions of Approval
are a benefit to the surrounding property owners and should the site be out of compliance it can be removed.
If the site materials become too much this is a way to address and the neighbors have something to work with.
Sheryl Hill agrees to the amended Development Standards and Conditions of Approval.
Bruce Fitzgerald moved that Case USR-1577,be forwarded to the Board of County Commissioners along with
the Conditions of Approval and Development Standards with the Planning Commissions recommendation of
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approval. Doug Ochsner seconded the motion.
�.. The Chair asked the secretary to poll the members of the Planning Commission for their decision. Mark
Lawley,yes; Erich Ehrlich,yes; Chad Auer,yes;Tom Holton,yes; Doug Ochsner,yes; Bruce Fitzgerald,yes;
Paul Branham, yes. Motion carried unanimously.
Doug Ochsner commented he thinks the USR puts limitations on the pplicaiton that need to be adhered to.
The Cecil family will be the main monitor of the use and the Board of County Commissioners meeting is
another opportunity to voice public opinions and concerns.
Chad Auer commented that he is concerned Planning Commission has done more definition to application
and he is still concerned with the health safety and welfare issues around the tire storage. The public can also
contact staff to find out the dates of any future hearings.
Planning Commission Hearing Dates and schedule.
Presented by Brad Mueller
Bruce Fitzgerald moved to accept the proposed schedule for 2007.
Doug Ochsner asked if the calendar pertained to dates only. He indicated in conversations with himself
he would like to see starting times possibly amended. Mr. Mueller stated that could be opened up for
discussion. The issue is the whether the noon is appropriate start time or 12:30pm. The staff goal is to
provide speaker prior to the meetings and this needs to be done efficiently as possible. There could be
exceptions to off site meetings.
Doug Ochsner indicated he likes the speakers and he would like to see the 1:30 time adjusted. Mr. Holton
asked for clarification on the hearings that are prior to the Planning Commission. Mr. Mueller stated the
Board of Adjustment meets infrequently and is not a long meeting.
Brad Mueller appealed to the Planning Commission members and getting better with the RSVP for
Voneen in preparing for speakers.
Doug Ochsner seconded. Motion carried.
WELD COUNTY CODE CHANGES
STAFF: Brad Mueller& Bryon Horgen & Roger Vigil
ITEMS: Section 2-3-50; Section 2-9-100; Section 5-7-40; Section 5-8-40; Section 22-1-
150.B.1; Chapter 23; Chapter 24, Chapter 29.
Brad Mueller stated the review criteria specific to Chapter 23 are on the cover memo. The other memos
outline changes to other areas of the code. Mr.Vigil provided a memo for building changes. It was suggested
the building changes be addressed first.
Roger Vigil provided clarification on his proposed changes. These changes will include the adoption of 2006
Building, Residential,Mechanical, Plumbing, Fuel Gas,and 2006 existing International Building Code. This is
the first time for the International Existing Building Code to be adopted which is primarily used for abatement.
The second change will clean up the manufactured structures language. The third change will be adoption of
the Pre-1976 Mobile Home language which will clean up the language in that section. The final change will be
the building permit fee increases.
Paul Branham asked for clarification on the letter from the Building Trade Advisory Committee and their
determination to accept four of the proposals. The recommendation for Item 4 and Item 6 were not agreed
upon. Item 4 addresses leak detection systems for propane and Item 5 addresses the elimination of water
service pipe depth to be 42 inches. Mr.Vigil indicated with regards to Item 4,the Fuel and Gas Code has not
been addressed since 2003 and propane is not mentioned. There are presently safer appliances now as
opposed to earlier years. The board questioned how propane suppliers viewed protection systems. Mr.Vigil
added there was a survey of jurisdictions addressing these requirements and very few require the leak
detection, some only require the alarm while Weld County requires both. Mr. Branham asked what"below
grade"refers to. Mr. Vigil stated it was anything in a crawl space or where propane could be trapped.
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