HomeMy WebLinkAbout20070537.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Doug Ochsner,along with the deletion of Development Standard#26 and amended Development
Standard #25, that the following resolution be introduced for approval by the Weld County Planning
Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER: USR-1556
APPLICANT: Leland &Julie Ridnour
PLANNER: Kim Ogle
LEGAL DESCRIPTION: Part NE4 NE4 of Section 2, T2N, R68W of the 6th P.M., Weld County,
Colorado.
REQUEST: Site Specific Development Plan and a Special Review Permit for a Use by
Right, Accessory Use or Use by Special Review in the Commercial or
Industrial Zone Districts (Mechanic Shop) in the A (Agricultural) Zone
District.
LOCATION: North of and adjacent to CR 24.75 and approximately 0.5 mile east of CR
9.75.
be recommended favorably to the Board of County Commissioners for the following reasons:
Section 22-2-60.A.3
Section 22-2-20.A.3
Should Board of County Commissioners choose to approved USR-1556, the Planning Commission
recommends the approval be conditioned as follows:
1. Prior to scheduling a Board of County Commissioners hearing:
A. The applicant has not delineated any on-site sign(s). If any on-site sign(s) are desired the
Department of Planning Services shall be notified in writing. The signs shall adhere to
Section 23-4-90.A and Section 23-4-90.B of the Weld County Code. One identification sign
per principal use shall be allowed,provided that the sign does not exceed sixteen(16)square
feet in area per face. Further,the location of the sign, if applicable shall be delineated on the
USR plat. (Department of Planning Services)
B. Written evidence from the oil and gas company indicating all requirements and agreements
between the surface developer and the mineral owners and/or lessees have been completed
shall be submitted or evidence that an adequate attempt has been made to mitigate their
concerns or delineate drill envelopes on the plat shall be submitted to the Department of
Planning Services. (Department of Planning Services)
C. The applicant shall submit a Landscape/Screening Plan for review and approval. The plan
shall address the following:
1. Section 23-3-350.H of the Weld County Code addresses the issue of trash collection
areas. Areas used for storage or trash collection shall be screened from adjacent
public rights-of-way and adjacent properties. These areas shall be designed and
used in a manner that will prevent wind or animal scattered trash.
2. Section 23-3-360.F of the Weld County Code addresses the issue of on-site lighting,
including security lighting if applicable. States "any lighting ... shall be designed,
located and operated in such a manner as to meet the following standards: sources
of light shall be shielded so that beams or rays of light will not shine directly onto
adjacent properties...."
3. Any outside storage of vehicles or equipment shall be screen from surrounding
property owners and adjacent rights-of-way. t
m
The applicant shall demonstrate how the proposed and existing plant material will
be irrigated. (Department of Planning Services) "1
2007-0537 smog
Resolution USR-1556
Leland Ridnour
Page 2
2. Prior to recording the plat:
A. All sheets of the plat shall be labeled USR-1556 (Department of Planning Services)
B. The plat shall be amended to delineate the following:
1. The attached Development Standards. (Department of Planning Services)
2. The approved Landscape/Screening Plan. (Department of Planning Services)
3. County Road 24.75 is designated on the Weld County Roadway Classification Plan,
as a local road, which requires 60 feet of right-of-way at full build out. There is
presently 60 feet of right-of-way. A total of 30 feet from the centerline of County
Road 24.75 shall be delineated on the plat. The applicant shall verify the existing
right-of-way and the documents creating the right-of-way. If the right-of-way can not
be verified, it shall be dedicated. (Department of Public Works)
4. County Road 9.75 is designated as a local road,which requires 60 feet of right-of-
way at full build out.There is presently 60 feet of right-of-way. A total of 30 feet from
the centerline of County Road 9.75 shall be delineated on the plat. The applicant
shall verify the existing right-of-way and the documents creating the right-of-way. If
the right-of-way can not be verified, it shall be dedicated. This Road is maintained
by the Town of Firestone. (Department of Public Works)
5. This facility, shall adhere to the number of on-site parking spaces in Appendix 23-B
of the Weld County Code. The number of on-site parking for the facility shall be nine
(9) spaces with a minimum of nine (9) additional spaces for overflow parking.
Further,the applicant shall delineate curb stops for the parking spaces shown on the
USR plat. (Department of Planning Services and Public Works)
6. The internal site circulation and parking areas shall be accurately delineated on the
plat. Parking stalls shall be delineated on the plat including the internal circulation.
All internal circulation travel lanes shall be unencumbered and provide a minimum
of twenty(20)feet width to accommodate emergency responders. (Department of
Planning Services and Public Works)
7. Any approved signs, if applicable. (Department of Planning Services)
8. The plat shall be prepared in accordance with Section 23-2-260.D of the Weld
County Code. (Department of Planning Services)
D. The applicant shall enter into an Improvements Agreement according to policy regarding
collateral for improvements and post adequate collateral for all required improvements. The
agreement and form of collateral shall be reviewed by County Staff and accepted by the
Board of County Commissioners prior to recording the USR plat. The improvements
agreement will not be needed if the necessary improvements are done to the satisfaction of
the Department of Public Works and the Department of Planning Services. (Department of
Planning Services)
E. The applicant shall submit a dust abatement plan for review and approval, to the
Environmental Health Services, Weld County Department of Public Health & Environment.
Evidence of approval shall be submitted to the Department of Planing Services.
(Department of Public Health & Environment)
F. The applicant shall submit a waste handling plan,for approval, to the Environmental Health
Services Division of the Weld County Department of Public Health& Environment. Evidence
of approval by the Environmental Health Services Division shall be submitted to the
Department of Planing Services. The plan shall include at a minimum, the following:
Resolution USR-1556
Leland Ridnour
Page 3
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)
G. The applicant shall submit written evidence to the Department of Planning Services from
Mountain View Fire Protection District, Department of Building Inspection stating that the
existing buildings utilized as mechanics shops are in compliance with the Mountain View Fire
Protection District and Department of Building Inspection requirements. (Mountain View Fire
Protection District, Department of Building Inspection)
H. The applicant shall submit written evidence to the Department of Planning Services from
Mountain View Fire Protection District that the existing tanks used for gasoline, waste oil,
anti freeze et cetera have been approved for use by the Mountain View Fire Protection
District. (Mountain View Fire Protection District)
I. 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)
3. Prior to issuance of Building Permits:
A. A building permit shall be obtained prior to the construction of any new building and change
of use of the existing building. (Department of Building Inspection)
B. All existing out buildings to be used in the business are required to obtain building permits
foranychangeofuse. All buildings will require: Plot plan showing exact location of buildings
on property; floor plan of each building with dimensions of each portions of building;
description of specific uses of all area, existing and proposed; type of construction for each
building; type of heating equipment, and size of electrical service. (Department of Building
Inspection)
C. A plan review is required for each building for which a building permit is required. Plans shall
include a floor plan. Plans shall bear the wet stamp of a Colorado registered architect or
engineer. Two complete sets of plans are required when applying for each permit. Include
a Code Analysis Data sheet, provided by the Weld County Building Department. New
construction will require an engineered foundation based on a site-specific geotechnical
report or an open hole inspection performed by a Colorado registered engineer. Engineered
foundations shall be designed by a Colorado registered engineer. (Department of Building
Inspection)
D. Buildings shall conform to the requirements of the various codes adopted at the time of
permit application. Currently the following has been adopted by Weld County: 2003
International Building Code; 2003 International Mechanical Code; 2003 International
Plumbing Code; 2003 International Fuel Gas Code; and the 2002 National Electrical Code
and Chapter 29 of the Weld County Code. (Department of Building Inspection)
E. The applicant shall submit written evidence of approval from St. Vrain Sanitation District, if
the mechanics shop will be connected to public sewer. (St.Vrain Sanitation District)
F. Building height shall be measured in accordance with the 2003 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
23 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)
Resolution USR-1556
Leland Ridnour
Page 4
G. Separation of buildings of mixed occupancy classifications shall be in accordance with
Section R309.2 of the International Residential Code. (Department of Building Inspection)
H. A Flood Hazard Development Permit (FHDP) shall be submitted and approved by the
Department of Public Works. Applicant to provide written evidence of such to the
Department of Planning Services. (Department of Building Inspection, Planning Services)
The applicant shall submit written evidence that all existing and proposed structures
associated with this facility are in compliance with the Mountain View Fire Protection District
and Department of Building Inspection requirements. (Mountain View Fire Protection District,
Department of Building Inspection)
4. 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)
5. The Department of Planning Services respectively requests the surveyor provide a digital copy of this
Use by Special Review. Acceptable CAD formats are.dwg, .dxf,and.dgn(Microstation); acceptable
GIS formats are ArcView shapefiles,Arclnfo Coverages and Arclnfo Export files format type is.e00.
The preferred format for Images is .tif(Group 4).(Group 6 is not acceptable). This digital file may be
sent to maps(cD_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)
7. In accordance with Weld County Code Ordinance 2005-7 approved June 1,2005,should the plat not
be recorded within the required sixty(60)days from the date the Administrative Review was signed
a $50.00 recording continuance charge shall be added for each additional 3 month period.
(Department of Planning Services)
r-.
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Leland and Julie Ridnour
USR-1556
1. A Site Specific Development Plan and Special Review Permit for a Use allowed by Right, an
Accessory Use, or a Use by Special Review in the Commercial or Industrial Zone district, for a
mechanics shop, in the A(Agricultural)Zone District. (Department of Planning Services)
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld
County Code. (Department of Planning Services)
3. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-
100.5, C.R.S., as amended)shall be stored and removed for final disposal in a manner that protects
against surface and groundwater contamination. (Department of Public Health & Environment)
4. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those
wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites
and Facilities Act,30-20-100.5, C.R.S.,as amended. (Department of Public Health&Environment)
5. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust,
fugitive particulate emissions, blowing debris, and other potential nuisance conditions.
(Department of Public Health & Environment)
6. The applicant shall operate in accordance with the approved "waste handling plan". (Department
of Public Health & Environment)
7. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The facility shall be
operated in accordance with the approved dust abatement plan at all times. (Department of Public
^ Health & Environment)
8. This facility shall adhere to the maximum permissible noise levels allowed in the Residential Zone as
delineated in 25-12-103 C.R.S., as amended. (Department of Public Health & Environment)
9. Adequate handwashing and toilet facilities shall be provided. (Department of Public Health &
Environment)
10. The facility shall utilize the existing municipal sewage treatment system. (Saint Vrain Sanitation
District) (Department of Public Health and Environment)
11. The facility shall utilize the existing public water supply. (Central Weld County Water District)
(Department of Public Health and Environment)
12. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
(Department of Public Health & Environment)
13. 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 & Environment)
14. A plan review is required for any additional building. Plans shall bear the wet stamp of a Colorado
registered architect or engineer. Two complete sets of plans are required when applying for each
permit. (Department of Building Inspection)
15. Buildings shall conform to the requirements of the various codes adopted at the time of permit
application. Currently the following has been adopted by Weld County: 2003 International Building
Code; 2003 International Mechanical Code; 2003 International Plumbing Code; 2002 National
Electrical Code and Chapter 29 of the Weld County Code. (Department of Building Inspection)
16. Each building will require an engineered foundation based on a site-specific geotechnical report or
an open hole inspection performed by a Colorado registered engineer. Engineered foundations shall
be designed by a Colorado registered engineer. (Department of Building Inspection)
Resolution USR-1556
Leland Ridnour
Page 2
17. Building height, setbacks and offset distance shall be determined by the Weld County Code.
Separation of buildings of mixed occupancy classifications shall be in accordance with Sec. R309.2
of the International Residential Code. (Department of Building Inspection)
18. Building height shall be measured in accordance with the Building Code for the purpose of
determining the maximum building size and height for various uses and types of construction and to
determine compliance with the Bulk Requirements from Chapter 23 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)
19. A Flood Hazard Development Permit shall be submitted for buildings constructed within the 100-year
floodplain. (Department of Building Inspection)
20. The historical flow patterns and run-off amounts will be maintained on site in such a manner that will
reasonably preserve the natural character of the area and not 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 Public Works)
21. The off-street parking spaces including the access drive shall be surfaced with gravel or the
equivalent and shall be graded to prevent drainage problems. (Department of Public Works)
22. 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)
23. 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)
24. The landscaping on site shall be maintained in accordance with the approved Landscape/Screening
Plan. (Department of Planning Services)
25. The outside hours of operation will be sunrise to sunset Monday through Sunday. (Department of
Planning Services)
26. Storage of all equipment shall be located inside the proposed building or screened from adjacent
property or road right-of-way. (Department of Planning Services)
27. All outdoor storage shall be screened for adjacent properties and right-of-way. (Department of
Planning Services)
28. Should noxious weeds exist on the property or become established as a result of the proposed
development the applicant/landowner shall be responsible for controlling the noxious weeds,pursuant
to Chapter 15, Articles I and II of the Weld County Code. (Department of Planning Services)
29. All new buildings,shall be designed and constructed in accordance with the provisions of the Uniform
Fire Code, as ratified by the Weld County Commissioners. All plans for future construction must be
submitted to the Fire District for review and approval prior to the issuance of buildings permits.
(Mountain View Fire Protection District)
30. Water supply for fire protection must be provided for any new structures built on the property.
Currently there does not appear to be an adequate water supply for fire protection (fire hydrants)in
the area. If the existing shop were added ont, the building would be approximately 1700 SF of type
V-N or V-B construction. A minimum fire flow of 1500 gallons per minute, measured at a residual
pressure of 20 pounds per square inch would be required. This water supply would need to be
provided by at least one fire hydrant located such that it is within 450 feet of all portions of the
building. (Mountain View Fire Protection District)
Resolution USR-1556
Leland Ridnour
Page 3
31. Fire apparatus must be provided to the property and all buildings. All apparatus access roads
designed and maintained to support the imposed loads of fire apparatus(75,000 pounds),must have
a surface that provides all-weather driving capabilities,and be free from obstructions which includes
locked gates, unless otherwise approved. (Mountain View Fire Protection District)
32. The applicant shall submit written evidence of approval from St. Vrain Sanitation District, if the
maintenance shop will be connected to public sewer. (St. Vrain Sanitation District)
33. A Flood Hazard Development Permit (FHDP)shall be submitted and approved by the Department
of Public Works. Applicant to provide written evidence of such to the Department of Planning
Services. (Department of Building Inspection, Planning Services)
34. The applicant shall submit written evidence that all existing and proposed structures associated with
this facility are in compliance with the Mountain View Fire Protection District and Department of
Building Inspection requirements. (Mountain View Fire Protection District, Department of Building
Inspection)
35. Employees are limited to the property owner only as stated in the application materials. (Department
of Planning Services)
37. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code.
38. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250, Weld County Code.
39. 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.
40. 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.
41. 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 Michael Miller
Resolution USR-1556
Leland Ridnour
Page 4
VOTE:
For Passage Against Passage Absent
Michael Miller
Bruce Fitzgerald
Erich Ehrlich
Roy Spitzer
Chad Auer
Doug Ochsner
James Welch
Tom Holton
Paul Branham
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 June 20, 2006.
Dated the 20th of June, 2006.
QO4119--d)laat
Voneen Macklin
Secretary
G: - Zo-c].aoto
Michael Miller moved that Case USR-1557, be forwarded to the Board of County Commissioners along with
the Conditions of Approval and Development Standards with the Planning Commissions recommendation of
approval. Roy Spitzer seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Chad
Auer, yes; Tom Holton, yes; Michael Miller, yes; Doug Ochsner, yes; Roy Spitzer, yes; James Welch, yes.
Motion carried unanimously
— CASE NUMBER: USR-1556
APPLICANT: Leland &Julie Ridnour
PLANNER: Kim Ogle
LEGAL DESCRIPTION: Part NE4 NE4 of Section 2, T2N, R68W of the 6th P.M., Weld
County, Colorado.
REQUEST: A Site Specific Development Plan and a Special Review Permit
for a Use by Right,Accessory Use or Use by Special Review in
the Commercial or Industrial Zone Districts (Mechanic Shop) in
the A(Agricultural)Zone District.
LOCATION: North of and adjacent to CR 24.75 and approximately 0.5 mile
east of CR 9.75.
Kim Ogle, Department of Planning Services presented Case USR-1556, reading the recommendation and
comments into the record. This application is USR-1556, A Site Specific Development Plan and Special
Review Permit for a Use allowed by Right, an Accessory Use, or a Use by Special Review in the
Commercial or Industrial Zone district, for a mechanics shop in the A(Agricultural)Zone District. The
applicants are Leland & Julie Ridnour. This site is located north of and adjacent to County Road 24.75
and approximately 0.5 mile east of County Road 9.75. The site lies within the three mile referral area for
the Towns of Frederick, Firestone, Mead and the City of Longmont. The City of Longmont in their referral
dated March 29, 2006 and the Town of Mead in their referral dated March 28, 2006 indicated no conflicts
with their interests, and the Towns of Frederick and Firestone did not return a referral. Surrounding land
uses are predominately agricultural properties with rural residences associated with the agricultural
operations. The Town of Firestone has annexed lands to the south where Hall Irwin currently operates a
batch plant. There are 10 property owners within 500 feet of this proposal. Primary access is from
County Road 24.75 a local gravel road into the subject property. 15 referral agencies have reviewed this
case and 11 offered comments, some with specific conditions. There have been no letters or telephone
calls received from a surrounding property owners, concerning this facility. The Planning Services has
determined that the proposed use is not consistent with Chapter 22 and any other applicable code
provisions or ordinance in effect. Section 22-2-60.A.3 (Agricultural Policy 1.3.) states"Allow commercial
and industrial uses, which are directly related to, or dependent upon agriculture, to locate within the A
(Agricultural)Zone District when the impact to surrounding properties is minimal, and where adequate
services and infrastructure are currently available or reasonably obtainable. The proposal is for a
mechanic and fabrication shop utilizing high impact tools; with related fabrication of metals and cleaning,
and mechanical engine related noises. There is one residential property approximately 130 feet from the
shop area who has expressed concerns with the use of the property, specific to the extended hours of
operation as stated in their letter dated May 2, 2006. Given the situation of compatibility and the
requested hours of operation, The Weld County Department of Planning Services is recommending denial
of this application for A Site Specific Development Plan and Special Review Permit for a Use allowed by
Right, an Accessory Use, or a Use by Special Review in the Commercial or Industrial Zone district, for a
mechanics shop in the A(Agricultural)Zone District. This case is the result of a violation, VI-0500216 for
a commercial junkyard and auto repair activity. If their case is approved by the Board of County
Commissioners, and the applicant meets the conditions of approval this violation case will be closed.
Michael Miller indicated that item 2.A refers to high impact tools and the correct language would just be impac'
tools.
Leland Ridnour, applicant, provided clarification on the application. He would like to amend the hours o t
operation. Presently the majority of the operation is a landscape business and that is 90% of the work. Mr. CV _
Ridnour would like to have four to five hours per night. There may be times on the weekend in which he works i
the entire night but this is infrequent. The back shop floor has been concreted and the operation will be
moved to that shop. This will help mitigate the noise concerns from the neighbors. He tries to have the
noisiest work done early in the evening so as not to upset the neighbors. There are occasions in which it
cannot be avoided. The tarps that were shown in the photos have been removed and there is more cleanup
that will be done. He is willing to work with the neighbors and be as accommodating as possible.
Michael Miller asked what kind of equipment will be worked on. Mr. Ridnour stated it was a landscape
business and he maintains the mowers and sharpens blades. Mr. Miller asked what hours would be best. Mr.
Ridnour stated he would like to be finished by midnight and he tries to get the noisiest things done early. The
operation will be moved to the back further and it is screened. There has been an occasional back hoe but
not very often. Mr. Ridnour added he has moved to the back so the noise from grinding the blade will be
minimal. The building is insulated and if there is too much noise he will move to the inside of the building. He
is willing to do what need to do.
Doug Ochsner asked if the back building was already there. Mr. Ridnour stated it was but it had a dirt floor
that needed to be concreted and insulated. Mr. Ochsner asked if he was moving the entire operation to the
back building. Mr. Ridnour added that the mechanic work will be done in the back building but the grinder and
welding equipment is still in the front building.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Jerry Ates,neighbor, indicated his concern and the fact there has been consistent noise until 10 pm or 11 pm
for the last 7 years. He does not believe he needs to be subjected to this. A letter has been submitted with his
recommendations.
Michael Miller asked if the current noise is beyond what a farming operation would produce. Mr.Ates stated
there is impact wrenches,welding and hammering throughout the entire night.
Tom Holton asked how much noise is from the gravel pits. Mr. Ates stated they shut down operations at
6:00pm and are not open on Sunday. They have also moved to the south at that location.
Jim Peters, neighbor, indicated he does not hear anything. Mr. Ridnour has been very courteous to the
neighbors and his operation is un-intrusive to the community. Mr. Peters believes in the small businessman
and this operation is not detrimental. It is up to the community to be flexible at this point.
Diane Ates, neighbor, added that the focus has been lost on the violation. There were junk cars that have
been moved to the back. There has been more junk brought in and the noise has increased. There has been
a fence but it is not sufficient. The applicant was supposed to clean the area up but this has not been done.
There is a gravel pit across street but they have compromised with them. They do not want to listen to the
noise. This needs to be run like a business with normal hours. Ms. Ates added that once there is a second
job then it becomes a hobby unless it is run like a business.
Marilyn Rubble, neighbor, indicated the noise has substantially decreased. There is not much in the way of
deflecting the noise from the applicants property. The money the applicant was using for the fences would
have been used for the business and fixing the back building. Mr. Ridnour will do anything possible to
accommodate the neighbors all you have to do is talk with him.
Linda Jamison, neighbor,added that having Mr. Ridnour in the area is essential to their small farm. He is very
accommodating to the neighbors in the area with regards to mechanical assistance and repair at all hours.
Chair closed the public portion.
Michael Miller stated this is a tough case. Technically the application would be denied based on hours of
operation and proximity to the neighbors. On the other hand it is hard and essential to put a face on each
applicant. Mr. Miller would like it to be possible to work around the technical requirements of the code and use
the Development Standards and Conditions of Approval to protect the interests of the neighbors. The
application gives the County more authority to eliminate the non commercial junk yard and cleanup the
property. It also allows for the neighbors and the County to have more conditions the applicant must adhere
to. Mr. Miller encourages the Planning Commission to try and find a way to make this work rather than deny.
Roy Spitzer added the only problem he has are hours of operation and the noise factor. Mr. Spitzer asked
what the commercial noise ordinance was. Ms. Davis stated staff is asking for the residential levels due to the
homes in the area.The residential level is between 50-55 decibels 25 feet from the property line.Staff can do
a noise reading to see if there is a possible violation. Mr. Spitzer asked what the levels were. Ms. Davis
added from 7:00 am to 7:00pm would be 55 dbs and from 7:00pm to 7:00am it would go down to 50 dbs.
Those levels are consistent with a dishwasher in next room or light auto traffic at 100 feet. Mr. Spitzer would
like to see different hours of operation. Mr. Ogle added the application indicated 10:00 pm to 4:00 am staff
determined 8:00 am to 10:00 pm Monday—Sunday was more compatible to the neighborhood. Mr. Ochnser
added that there could be hours of operation for the outside work since he will be moving shops. There could
be something added that no outside work could be done after 9:00 pm. Ms. Davis added the building is
insulated and if the majority of the noise is kept inside it would help. Mr. Miller stated that if this was a farmer
there would be no issues. If this were an agricultural operation it would not require a special permit. The area
is still an agricultural area and this is a consideration that needs to be reviewed. The noise issues can be
addressed by saying no outside operations after 9:00pm. Anything after 9:00 pm shall be inside with the doors
closed. Mr. Ogle stated that Development Standards#26 addresses this. Mr. Miller added that requiring this
after a certain time would be acceptable but not during the day. Mr. Miller proposed language as"The hours
of operation for outside operations shall be limited to 8:00am to 9:00pm and there not be any limits on hours of
operation inside the buildings. Mr. Miller suggested amending Development Standard #26 to read "All
activities using power tools shall occur within the enclosed mechanic shop area after 9:00pm." Mr. Holton
asked what gravel pits to. Mr.Ogle added they use the sunrise to sunset hours. Mr.Miller added that was just
for operations of the gravel pit. The mechanics can run 24 hours a day with no limitations.
Roy Spitzer agrees with Mr. Miller on the agricultural issues but he would like to see the late evenings be
occasional. He would like to see most of the work done inside after 6:00pm. Mr. Holton agrees with this, it
needs to be restricted with the outside operations.
James Welch suggested the hours be similar to sunrise to sunset. This will help the light issues. Mr. Holton
added that most of the work will come from the landscape business in the summer and those hours would be
extended. Mr. Holton would prefer to see outside limited. Mr. Ochsner would prefer to see sunrise to sunset
also.
Doug Ochsner moved to change Development Standard#25 to treat hours of outside operations will be limited
to sunrise to sunset, Monday—Sunday and delete Development Standard #26. James Welch seconded.
Doug Ochsner moved to amend his previously stated motion to just change Development Standard#25 as
stated above. James Welch seconded.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Chad Auer,
yes; Tom Holton, no; Michael Miller, yes; Doug Ochsner, yes; Roy Spitzer, yes; James Welch, yes. Motion
carried.
Doug Ochsner moved to delete Development Standard#26. Michael Miller seconded.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Chad Auer,
no; Tom Holton, no; Michael Miller, yes; Doug Ochsner, yes; Roy Spitzer, yes; James Welch, yes. Motion
carried.
Michael Miller asked how the non-commercial junkyard was being treated. Mr.Ogle indicated that screening
the cars was acceptable. Most have been moved to the back of the property. Mr. Miller asked if it was
appropriate to store in the flood plain. Mr. Ogle indicated there could be some down stream issues. The
applicant would be required to meet the FHDP permit criteria. Mr. Miller asked about the present fence. Mr.
Ogle stated there is no existing flood hazard permit for the fence. Mr. Miller asked about the need to have fire
suppression for new structures not existing. Mr. Ogle added all the buildings are agricultural exempt
structures. Given that the structures are a change in use, the buildings would be required to meet current
building and fire standards.
Leland Ridnour asked for clarification on the need for a bathroom facility since there will be no customers just
a drop off. Ms. Davis added that they can use the bathroom in the house if it is within 200 feet of the
operation.
Let the record indicated that the applicant is in agreement with the Development Standards and Conditions of
Approval.
Doug Ochsner moved that Case USR-1556, be forwarded to the Board of County Commissioners along with
the Conditions of Approval and Development Standards with the Planning Commissions recommendation of
approval. Michael Miller seconded the motion.
This approval is based on Section 22.2.60.A.3. Mr. Miller included Section 23.2.20.A.3
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Chad Auer,
yes; Tom Holton, yes; Michael Miller, yes; Doug Ochsner, yes; Roy Spitzer, yes; James Welch, yes. Motion
carried unanimously.
Roy Spitzer commented he urges the applicant to be accommodating to the neighbors with regards to the
noise. It is important to him to be able to sit outside at night and enjoy the weather and outdoor ambiance.
The occasional noise can be acceptable but not every night. He would like to see the louder tools be kept
inside.
Tom Holton commented he has a problem with Development Standards#25 and it should be more restrictive.
Development Standards#26 should have indicated all the power tools should have remained in the enclosed
mechanic area.
Michael Miller commented he believes it is compatible with surrounding land use. The Development
Standards and Conditions of Approval give the County authority to monitor this more closely. The applicant
needs to do anything he can to mitigate the noise. It is vital that the applicant work with the neighbors to
address the noise issues to the best of his ability.
Chad Auer commented Section 23.2.220.A.3 deals with compatibility and this is a close call. The lack of
referral response from the Town of Firestone is a concern. Southwest Weld County has development and
issues and the communities need to be involved in the process.
Meeting adjourned at 3:10 pm
Respectfully submitted
Vcst taY\aCA LW— (L
Voneen Macklin
Secretary
Hello