HomeMy WebLinkAbout20070790.tiff RESOLUTION OF THE WELD COUNTY PLANNING COMMISSION
Moved by Bruce Fitzgerald 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-1585
APPLICANT: Union Pacific Railroad Company
PLANNER: Jacqueline Hatch
LEGAL DESCRIPTION: Part of E2 E2 SW4 of Section 7, T3N, R66W 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 (Vehicle sales establishments) in
the A(Agricultural)Zone District.
LOCATION: East of and adjacent to SH 85, approximately 1/4 mile north of CR 34.
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 Department of Planning Services'staff that the applicant has shown compliance
with Section 23-2-220 of the Weld County Code as follows:
a. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other
applicable code provisions or ordinance in effect.
Section 22-2-150 B.5 (I. Policy 2.5.b)states"ensure the compatibility with surrounding land
use in terms of general use, building height, scale,density, traffic dust and noise."Conditions
have been included through the conditions of approval and the development standards to
ensure the site does not have an adverse impact on the surrounding properties.
Section 22-2-60.D. Goal 4 — The conversion of agricultural land to non-urban residential,
commercial and industrial uses will be accommodated when the subject site is in an area that
can support such development. The surrounding properties to the north,west and east are
agricultural in nature with few homes in close proximity. The property to the south is currently
zoned C-3 and has an approved Site Plan Review SPR-264 on-site for truck sales,parts and
accessories. The Union Pacific Railroad runs along the eastern edge of the property. The
applicant is proposing an on-site septic system and the water will be provided by an individual
well (septic permit SP-9600314, commercial well permit 198105).
b. Section 23-2-220.A.2--The proposed use is consistent with the intent of the A(Agricultural)
Zone District. Section 23-3-40.R of the Weld County Code provides for a business permitted
as a use by right and/or use by special review in the Commercial or Industrial Zone District
(Vehicles Sales Establishment) in the A(Agricultural)Zone District. The site is currently in
violation(VI-0600029)due to the operation of an auto sales yard without the necessary Weld
County Land Use permit. This violation has not yet been presented to the Board of County
Commissioners through the violation process. If this application is approved by the Board of
County Commissioners the violation will be corrected. If this application is denied, the
business and all outdoor storage shall be removed within 30 (thirty) days of denial or the
violation case will be scheduled before the Board of County Commissioners to proceed
though the Violation Hearing process accordingly.
c. Section 23-2-220.A.3--The uses which will be permitted will be compatible with the existing
surrounding land uses. The surrounding properties to the north, west and east are
agricultural in nature with few homes in close proximity. The property to the south is currently
zoned C-3 and has an approved Site Plan Review SPR-264 on site for truck sales, parts,and
accessories.
EXHIBIT
Us'' ' )58.5 2007-0790
Resolution USR-1585
Union Pacific Railroad Company
Page 2
d. The Union Pacific Railroad runs along the eastern edge of the property. The applicant is
required to submit a Landscape and Screening Plan prior to the Board of County
Commissioners hearing demonstrating how they have mitigated the impact to the
neighboring properties. The Landscape and Screening Plan shall be in compliance with
Section 23-3-250.A.5 of the Weld County Code. No correspondence from surrounding
property owners was received.
e. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with future
development of the surrounding area as permitted by the existing zoning and with the future
development as projected by Chapter 22 of the Weld County Code and any other applicable
code provisions or ordinances in effect, or the adopted Master Plans of affected
municipalities. The subject property is within the three-mile referral area for the Towns of
Gilcrest, Milliken and Platteville. The Town of Gilcrest in their referral dated October 30,2006
states that the subject property is located outside their urban growth boundary and finds no
conflicts with their interests. The Town of Platteville in their referral dated October 10,2006
also indicated no conflicts with their interests. The Town of Milliken in their referral dated
October 11, 2006 state that the property is a very visible area and it should be landscaped
appropriately to buffer visual impacts. The Department of Planning Services has determined
that the Town's concerns have been addressed through the Conditions of Approval and
Development Standards.
f. Section 23-2-220.A.5--The application complies with Section 23-5 of the Weld County Code.
The site does not lie within any Overlay Districts. Effective January 1, 2003, Building
Permits issued on the proposed lot 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 U.S.D.A. Soils Maps
indicate that the soils on this property are designated as Prime. The small size of the lot
limits its agricultural value and the property is also located within the railroad right-of-way.
g. Section 23-2-220.A.7 -- The Design Standards (Section 23-2-240, Weld County Code),
Operation Standards (Section 23-2-250, Weld County Code), Conditions of Approval and
Development Standards ensure that there are adequate provisions for the protection of
health, safety, and welfare of the inhabitants of the neighborhood and County.
This recommendation is based, in part, upon a review of the application materials submitted by the applicant,
other relevant information regarding the request, and responses from referral entities.
Should the Planning Commission choose to approve the Use by Special Review Permit, Planning Staff
recommends the following be attached as Conditions of Approval and Development Standards:
1. Prior to scheduling the Board of County Commissioners Hearing:
A. The applicant shall submit a Landscape/Screening Plan in compliance with Section 23-3-
250.A.5 of the Weld County Code to the Department of Planning Services. (Department of
Planning Services)
B. The applicant shall provide the Department of Planning Services with documentation as to
how the outside storage will be screened per Section 23-3-250.A.9 of the Weld County Code.
(Department of Planning Services)
Resolution USR-1585
Union Pacific Railroad Company
Page 3
C. The applicant shall submit a detailed signage plan to the Department of Planning Services.
The applicant shall review the sign code in Sections 23-4-60 through 23-4-120 including
appendix 23-C, 23-D and 23-E. (Department of Planning Services)
2. Prior to recording the plat:
A. The applicant shall submit a dust abatement plan for review and approval to the
Environmental Health Services,Weld County Department of Public Health and Environment.
Evidence of approval shall be provided to the Department of Planning Services.
(Department of Public Health and Environment)
B. 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 shall be provided to the Department of Planning Services. The plan shall include
at a minimum, the following:
1) A list of wastes which are expected to be generated on site (this should include
expected volumes and types of waste generated).
2) A list of the type and volume of chemicals expected to be stored on site.
3) The waste handler and facility where the waste will be disposed(including the facility
name, address, and phone number). (Department of Public Health and
Environment)
C. The applicant shall provide the Department of Planning Services with a property maintenance
plan for review and approval. (Department of Planning Services)
D. The applicant shall enter into a Private Improvements Agreement according to policy
regarding collateral for improvements and post adequate collateral for all landscaping,
transportation(access drive,parking areas,etcetera)and non-transportation(plant materials,
fencing, screening,water,signage etcetera). 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. Or the applicant may submit evidence that all the work has been
completed and reviewed by the Department of Planning Services and the Department of
Public Work. (Department of Planning Services)
E. The applicant shall address the requirements (concerns) of Weld County Building
Department, as stated in the referral response dated October 26, 2006. Evidence of such
shall be submitted in writing to the Weld County Department of Planning Services.
(Department of Planning Services)
F. The applicant shall address the requirements (concerns) of Colorado Department of
Transportation, as stated in the referral response dated October 6,2006. Evidence of such
shall be submitted in writing to the Weld County Department of Planning Services.
(Department of Planning Services)
G. The applicant shall attempt to address the requirements(concerns)of the Town of Milliken,
as stated in the referral response dated October 11, 2006. Evidence of such shall be
submitted in writing to the Weld County Department of Planning Services. (Department of
Planning Services)
H. The applicant shall attempt to address the requirements (concerns)of the Town of Gilcrest,
as stated in the referral response dated October 30, 2006. Evidence of such shall be
submitted in writing to the Weld County Department of Planning Services. (Department of
Planning Services)
Resolution USR-1585
Union Pacific Railroad Company
Page 4
The applicant shall address the requirements (concerns) of Weld County Department of
Public Works specifically in regards to the storm water drainage, as stated in the referral
response dated October 11,2006. Evidence of such shall be submitted in writing to the Weld
County Department of Planning Services. (Department of Planning Services)
J. The applicant shall contact the Colorado Department of Transportation regarding the existing
and future right-of-way of State Highway 85 and provide written evidence of such to the Weld
County Department of Planning Services. (Department of Planning Services)
K. The applicant shall provide written evidence to the Department of Public Works and Planning
Services that the access meets the fire department and emergency services regulations.
(Departments of Planning Services and Public Works)
L. The plat shall be amended to delineate the following:
1. The attached Development Standards. (Department of Planning Services)
2. All plats shall be labeled USR-1585. (Department of Planning Services)
3. The approved Landscape/Screening Plan. (Department of Planning Services)
4. The approved Signage Plan. (Department of Planning Services)
5. The plat shall be in compliance with Section 23-3-250 A.and B.of the Weld County
Code. (Department of Planning Services)
6. State Highway 85 right-of-way shall be delineated on the plat as approved by the
Colorado Department of Transportation.The applicant shall verify the existing right-
of-way and the documents creating the right-of-way. (Department of Planning
Services)
7. The off street parking spaces including the access drive shall be surfaced with
gravel,asphalt,or the equivalent and shall be graded to prevent drainage problems.
(Department of Public Works)
8. The public and employee parking area shall be equipped with wheel guards where
needed to prevent vehicles from extending beyond the boundaries of this space and
from coming into contact with other vehicles, walls, fences, or plantings.
(Department of Public Works)
9. Section 23-3-250.A.2 of the Weld County Code addresses parking. Sufficient
screened, off-street,paved parking areas shall be provided to meet the requirements
of employees, company vehicles, visitors and customers of the Uses Allowed by
Right and Accessory Uses. Appendix 23-A describes the design requirements for
parking spaces and Appendix 23-B delineates the number of parking spaces
required by use for this property.
The proposed facility has two offices and a sales yard. The parking requirement for
office uses are one space for every two employees plus one space per 500 SF. The
area delineated on the drawings submitted is 902 SF, with written documentation
stating there are five employees on premises,therefore five(5)parking spaces are
required for the office area. The sales yard would not require any additional parking
areas. The Department of Planning Services is recommending that a total of eight
(8) parking be required for this facility of which one must meet the requirements of
the Americans with Disabilities Act. The plat is currently delineating eight(8)spaces
and the Department of Planning Services is in support of the number of spaces
Resolution USR-1585
Union Pacific Railroad Company
i-. Page 5
shown. (Department of Planning Services)
10. Section 23-3-250.A.6 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 all adjacent properties. These areas shall be
designed and used in a manner that will prevent wind or animal scattered trash.
(Department of Planning Services)
11. Section 23-3-250.B addresses operation standards for Commercial uses. The
applicant shall address the issue of on-site lighting, including security lighting if
applicable. Subsection F. states "any lighting ... shall be designed, located and
operated in such a manner as to meet the following standards:sources of light shall
be shielded so that beams or rays of light will not shine directly onto adjacent
properties...." (Department of Planning Services)
M. The applicant shall submit two (2) paper copies of the plat for preliminary approval to the
Weld County Department of Planning Services. (Department of Planning Services)
2. Upon completion of 1.. 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)
r.
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 mapsai,co.weld.co.us. (Department of Planning Services)
4. The special Review activity shall not occur nor shall any building or electrical permits be issued on the
property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk
and Recorder. (Department of Planning Services)
5. In accordance with Weld County Code Ordinance 2005-7 approved June 1,2005,should the plat not
be recorded within the required 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.
6. One month prior to construction activities:
A. A stormwater discharge permit may be required for a development/redevelopment
/construction site where a contiguous or non-contiguous land disturbance is greater than or
equal to one acre in area. Contact the Water Quality Control Division of the Colorado
Department of Public Health and the Environment at www.cdphe.state.co.us/wq/PermitsUnit for
more information. (Department of Public Health and Environment)
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Union Pacific Railroad
ATM Auto Sales
USR-1585
1. 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 (Vehicle sales
establishments) in the A(Agricultural)Zone District.,as indicated in the application materials on
file and subject to the Development Standards stated hereon. (Department of Planning Services)
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld
County Code. (Department of Planning Services)
3. Hours of operation shall be from 9:00am to 6:00pm Monday through Saturday,closed on Sunday as
requested in the application material. (Department of Planning Services)
4. The site shall be limited to no more than five (5) employees on site as stated in the application
material. (Department of Planning Services)
5. The signs on site shall be in accordance with the approved signage plan. (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. Any vehicle washing area(s) shall capture all effluent and prevent discharges from the washing of
vehicles in accordance with the Rules and Regulations of the Water Quality Control Commission,
and the Environmental Protection Agency. (Department of Public Health and Environment)
11. 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 and Environment)
12. This facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone as
delineated in 25-12-103 C.R.S., as amended. (Department of Public Health and Environment)
13. Adequate handwashing and toilet facilities shall be provided for employees and patrons of the facility.
(Department of Public Health and Environment)
14. Sewage disposal for the facility shall be by septic system, permit#SP-9600314. 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)
15. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
Groundwater may not meet all drinking water standards as defined by the Colorado Department
of Public Health and Environment. The applicant is strongly encouraged to test their drinking
water prior to consumption and periodically test it over time. (Commercial Well #198105)
(Department of Public Health and Environment)
16. 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)
17. 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)
18. Off street parking,display parking,vehicle overflow area,and the access drive shall be surfaced with
recycled asphalt, gravel, or the equivalent and shall be a graded and drained road to provide an
all weather access. (Department of Public Works)
19. Effective January 1,2003, Building Permits issued on the proposed lots will be required to adhere to
the fee structure of the Weld County Road Impact Program. (Ordinance 2002-11)(Department of
Planning Services)
20. 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)
21. The landscaping on site shall be maintained in accordance with the approved Landscape and
Screening Plan. (Department of Planning Services)
22. 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)
23. 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)
24. Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties
where such would cause a nuisance or interfere with the use on the adjacent properties in
accordance with the plan. Neither the direct nor reflected light from any light source may create a
traffic hazard to operators of motor vehicles on public or private streets. No colored lights may be
used which may be confused with or constructed as traffic control devices. (Department of
Planning Services)
25. 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)
26. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code.
27. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250, Weld County Code.
28. Personnel from Weld County Government shall be granted access onto the property at any
reasonable time in order to ensure the activities carried out on the property comply with the
Development Standards stated herein and all applicable Weld County regulations.
29. The Special Review area shall be limited to the plans shown hereon and governed by the foregoing
standards and all applicable Weld County regulations. Substantial changes from the plans or
Development Standards as shown or stated shall require the approval of an amendment of the
Permit by the Weld County Board of County Commissioners before such changes from the plans
or Development Standards are permitted. Any other changes shall be filed in the office of the
Department of Planning Services.
30. The property owner or operator shall be responsible for complying with all of the foregoing
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 December 19, 2006.
Dated the 19th of December, 2006.
Donita May
Secretary
is- /%-.2OO(a
Pam Smith, Environmental Health Department, said page six, items twelve and eighteen were duplicates and
asked that item eighteen be removed.
Bruce Fitzgerald motioned to remove item eighteen from the Development Standards and Conditions of
Approval. Roy Spitzer seconded. Motion carried.
Paul Branham asked Ms. Hatch if page four, item 1A., needed to be amended to include the new language.
Ms. Hatch replied it should be changed to reflect that"the applicant shall provide evidence to the Department
of Planning Services that all mobiles homes,except one,the RV's, and vehicles on site have been removed."
Paul Branham motioned to amend page four, item I.A.to the language Ms. Hatch provided. Bruce Fitzgerald
seconded. Motion carried.
Doug Ochsner asked Ms. Hatch for clarification on whether this application would go before the Board of
County Commissioners. Ms. Hatch responded the Board of County Commissioners does not review SPR's,
they are reviewed administratively.
Roy Spitzer asked Pam Smith, Environmental Health Department, about the abandonment of existing septic
systems and what was involved. Ms. Smith replied they did not know how many septic systems were
presently on the site but she did not believe it had been an active mobile home park and that all septic
systems needed to be properly abandoned. The applicants could attach the one home allowed to a new
septic system. Ms.Smith referred to condition number nineteen which said that all septic systems located on
the property shall be properly abandoned in accordance with Section 30-7-70. She said they could add
language regarding whether the septic system stays, but she has not had a conversation with the applicant as
to what the proposed plan is for the property.
Doug Ochsner asked what her preferences were regarding the property. Ms.Smith said she preferred that all
existing septic systems be abandoned and that a new system be installed for the mobile home and the stick
built building, but it could be allowed to operate on the existing septic system if it were found to be operational.
The Chair asked Mr. Carroll if he was in agreement with the Development Standards and Conditions of
Approval. Mr. Carroll said he could not agree as he had not received a packet. The Chair outlined the two
changes for Mr. Carroll. Mr. Carroll then agreed to the Development Standards and Conditions of Approval
and said it was the owner's intent to put in a new system.
Roy Spitzer moved that Case CZ-1132, be forwarded to the Board of County Commissioners along with the
amendments to the Development Standards and Conditions of Approval with the Planning Commission's
recommendation of approval.
Tom Holton seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Paul
Branham, yes; Bruce Fitzgerald, yes; Tom Holton, yes; Mark Lawley, yes; Doug Ochsner, yes; Roy Spitzer,
yes; James Welch, yes; Chad Auer, yes.
Motion carried.
3. CASE NUMBER: USR-1585
APPLICANT: Union Pacific Railroad Company
PLANNER: Jacqueline Hatch
LEGAL DESCRIPTION: Part of E2 E2 SW4 of Section 7, T3N, R66W 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 (Vehicle sale
establishments) in the A (Agricultural)Zone District. EXHIBIT
a
4k1S8.5
LOCATION: East of and adjacent to SH 85, approximately 1/4 mile north of
CR 34.
Jacqueline Hatch, Department of Planning Services,said Union Pacific Railroad Company do Gregg Larsen
for Darrel and Christina Felton, ATM Auto Sales, have 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(Vehicle Sales Establishment) in the A(Agricultural)Zone District.
The sign announcing the planning commission hearing was posted on December 4, 2006 by staff.
The site is located east of and adjacent to SH 85 and approximately %mile north of CR 34 located within
railroad right-of-way.
The surrounding properties to the north, west and east are agricultural in nature with few homes in close
proximity. The property to the south is currently zoned C-3 and has an approved Site Plan Review,SPR-264,
on-site for truck sales, parts and accessories. The Union Pacific Railroad runs along the eastern edge of the
property. The applicant is proposing an on-site septic system and the water will be provided by an individual
well(septic permit SP-9600314,commercial well permit 198105). The development standards and conditions
of approval will ensure compatibility with adjacent properties.
The site is currently in violation (VI-0600029)due to the operation of an auto sales yard without the necessary
Weld County Land Use permit. This violation has not yet been presented to the Board of County
Commissioners through the violation process. If this application is approved by the Board of County
Commissioners the violation will be corrected. If this application is denied, the business and all outdoor
storage shall be removed within 30 (thirty) days of denial or the violation case will be scheduled before the
Board of County Commissioners to proceed though the Violation Hearing process accordingly.
No letters have been received from surrounding property owners.
The subject property is within the three-mile referral area for the Towns of Gilcrest, Milliken and Platteville.
The Town of Gilcrest in their referral dated October 30,2006 states that the subject property is located outside
their urban growth boundary and finds no conflicts with their interests. The Town of Platteville in their referral
dated October 10,2006 also indicated no conflicts with their interests. The Town of Milliken in their referral
dated October 11,2006 state that the property is a very visible area and it should be landscaped appropriately
to buffer visual impacts. The Department of Planning Services has determined that the Town's concerns have
been addressed through the Conditions of Approval and Development Standards.
Thirteen referral agencies reviewed this case, four referral agencies had no comments, seven 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 Weld County Sheriffs Office and the Union
Pacific Railroad
The Weld County Department of Planning Services was recommending this application be approved.
Bruce Fitzgerald asked how long the property had been used as a car lot. Ms. Hatch said she did not know
but there was an existing SPR for the property that included the yellow building to the south and that this USR
included the property to the north with the car sales lot.
Tom Holton asked about a development standard in the application regarding signage, specifically the
banners that were presently on site. Ms. Hatch replied the applicant would have to provide a detailed signage
plan, specifically addressing the banners but would have to follow County signage requirements. Ms. Hatch
then informed the Planning Commission that the applicant had not received a packet prior to this hearing.
Darrell Felton,owner, 1105 CR 28, Platteville, CO,said this was the fourth business on this property;the third
car lot on the property;was at this location three years before he knew he was in violation;and he had been at
this location for four years.
Bruce Fitzgerald inquired how long there had been commercial endeavors on the property. Mr. Felton replied
4
0.—, it had been a long time,that he had a deal with the railroad for a twenty year paid lease and he has been there
four years.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak. Public portion was closed.
Doug Ochsner asked if there was anyone present representing the railroad. Mr. Felton said he was
representing them. Mr. Ochsner said he would put the fault on the railroad and wished they had been present
to explain why they had allowed this lease. Ms. Hatch said the railroad responded in support of the
application and there was a lease agreement in the application but there was no communication beyond that.
Bruce Barker, County Attorney, said the railroad, in the past, thought they were exempt from requiring their
lessees to go through the planning process.
The Chair asked the applicant if he was in agreement with the Development Standards and Conditions of
Approval. It was noted, for the record, that the applicant had not had a chance to read and review the
information as he not received a copy of the packet.The Chair called for a ten minute recess so the applicant,
Mr. Felton, could consult with Ms. Hatch regarding his application.
Meeting reconvened at 2:15 p.m.
Mr. Felton said he would like to have the landscaping and screening requirement removed, and asked for
more specific clarification regarding screening requirements.
Ms. Hatch said page four, items 1A and 1B were what Mr. Felton was objecting to.
Bruce Fitzgerald asked Mr. Felton what he was offering as a substitute to the screening requirement. Mr.
Felton said they had a security fence but screening made no sense because if customers couldn't see the
cars, they wouldn't buy them. Ms. Hatch said it was an effort at landscaping and screening, and suggested
decorative rock in the display areas where water was not available, and some landscaping around the
building. The Chair said this requirement was in the Code. Doug Ochsner asked Ms. Hatch if the applicant
could provide a landscape plan,which staff could then approve or suggest changes to. Tom Holton asked if
staff was requiring screening that would block the view of the applicant's vehicles. She replied that typically
they would ask for screening on the north,south and east sides,but the railroad would not allow screening or
solid fencing on the railroad line and Planning would not be asking for that in this situation.
The Chair asked the applicant again if he agreed with the Development Standards and Conditions of Approval.
Mr. Felton said that he was in agreement except for the landscaping plan and screening addressed earlier.
The Chair reminded Mr. Felton that the Planning Commission was only making a recommendation today to
the Board of County Commissioners, and that he would have further opportunity to present his objections
when his case was heard by them.
Bruce Fitzgerald moved that Case USR-1585,be forwarded to the Board of County Commissioners along with
the Development Standards and Conditions of Approval with the Planning Commission's recommendation of
approval.
Tom Holton seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Paul
Branham, yes; Bruce Fitzgerald, yes; Tom Holton, yes; Mark Lawley, yes; Doug Ochsner, yes; Roy Spitzer,
yes; James Welch, yes; Chad Auer, yes.
Motion carried.
Paul Branham left at 2:22 p.m.
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