HomeMy WebLinkAbout20060614.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Mike Miller, that the following resolution be introduced for denial by the Weld County Planning
Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER: USR-1537
APPLICANT: Martin&Carolina Barron
PLANNER: Jacqueline Hatch
LEGAL DESCRIPTION: Lots 1, 7&8 of Block 3,Aristocrat Ranchettes, part of Section
27,T2N, R66W of the 6th P.M.,Weld County,Colorado.
REQUEST: Site Specific Development Plan and Special Review Permit for
a Home Business(truck parking, home office and
maintenance shop)and an accessory building with gross floor
area larger than four percent of the total lot area, in the A
(Agricultural)Zone District.
LOCATION: South of and adjacent to CR 18;approximately 3/4 mile east of
CR 31 (west of and adjacent to Hart St.).
be recommended unfavorably to the Board of County Commissioners:
Mike Miller recommended denial based on Section 22-2-150, B. 5. b., of the County Code,which states that
we need to ensure the"compatibility with surrounding land use in terms of general use, building height,scale,
density,traffic,dust and noise"and Section 23-2-220 of the County Code which also addressed compatibility
and it does not fit under the definition of a home business, it was clearly not incidental and secondary to the
principal permitted use, and it would change the character of the area.
The site is currently in violation(VI-0500282)if this Use by Special Review application is approved the property
will be in compliance. If denied,all commercial equipment shall be removed from the property,otherwise,the
violation case will proceed accordingly.
Should the Board of County Commissioners approve the proposal the Weld County Planning Commission
recommends the following conditions:
1. Prior to scheduling a Board of County Commissioners hearing:
A. The applicant shall submit a detailed signage plan to the Department of Planning Services.
(Department of Planning Services)
B. The applicant shall submit a Landscape and Screening Plan to the Department of Planning
Services for review. (Department of Planning Services)
C. The plat shall be amended to include the location and size of the future structure to store
equipment.The structure shall be located no further than 200 feet from the residence for the
employees to utilize the restroom facilities. (Department of Planning Services)
2. Prior to recording the plat:
A. The applicant shall attempt to address the concerns/requirements of the Fort Lupton Fire
Protection District. Written evidence shall be provided to the Department of Planning
Services. (Department of Planning Services)
B. The applicant shall attempt to address the concerns/requirements of the Weld County
Sheriff's Office. Written evidence shall be provided to the Department of Planning Services.
(Department of Planning Services)
C. The Platte Valley Soil Conservation District has provided information regarding the soils on
the site. The applicant shall review the information and use it to positively mana.e on site
soils. (Department of Planning Services)
EXHRIIT
2006-0614 t
()SQ. :77
• Resolutions USR-1537
Martin & Carolina Barron
Page 2
D. The applicant shall submit building permits for the proposed equipment storage building to
the Department of Building and Inspection. Written evidence shall be provided to 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 and Environment.
Written evidence of approval shall be submitted to the Department of Planning Services.
(Department of Public Health and Environment)
F. The septic system serving the residence shall be reviewed by a Colorado Registered
Professional engineer. The review shall consist of observation of the system and a technical
review describing the systems ability to handle the proposed hydraulic load. The review shall
be submitted to the Environmental Health Services Division of the Weld County Department
of Public Health and Environment. In the event the system is found to be inadequately sized
or constructed the system shall be brought into compliance with current Regulations. Written
evidence of approval shall be submitted to the Department of Planning Services.
(Department of Public Health and Environment)
G. In the event, the applicant intends to wash vehicles or equipment on site the following shall
apply:
1. The applicant shall provide evidence that the washing area will be designed and
constructed to capture all effluent and prevent any discharges form the washing of
vehicles or equipment in accordance with the Rules and Regulations of the Water
Quality Control Commission and Environmental Protection Agency. Written
evidence of approval shall be submitted to the Department of Planning Services.
(Department of Public Health and Environment)
H. 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. Written
evidence of approval shall be submitted 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)
The plat shall be amended to delineate the following:
1. All sheets of the plat shall be labeled USR-1537. (Department of Planning Services)
2. The plat shall meet all requirements as listed in Section 23-2-260.D of the Weld
County Code. (Department of Planning Services)
3. County Road 18 is designated on the Weld County Classification Plan as a collector
status road, which requires an 80-foot right-of-way at full build out. There is
presently 60-foot right-of-way. A total of 40 feet from the centerline of County Road
18 shall be delineated as future right-of-way on the plat. This road is maintained by
Weld County. (Department of Public Works)
4. Hart Street and Morris Street located within Aristocrat Ranchettes Subdivision are
local gravel subdivision roads, which require a 60 foot right-of-way at full build out.
These roads are maintained by Weld County and shall be delineated on the plat.
(Department of Public Works)
• Resolutions USR-1537
Martin & Carolina Barron
Page 3
5. The plat shall delineate the access points as approved by the Weld County
Department of Public Works in their referral dated November 22,2005. The existing
gated access to the home off of Hart Street by CR 18 shall remain gated. The
existing access to Lot 1 shall be utilized. The access located at the corner of Hart
Street and Morris Street shall be closed permanently. The proposed access off of
Morris Street is not approved. A new access point located on the center of Lot 8 off
of Hart Street shall be granted. (Department of Public Works)
6. The off street parking spaces including the access drive shall be surfaced with
gravel, recycled asphalt, or the equivalent and shall be graded to prevent drainage
problems. (Department of Public Works)
7. The attached Development Standards. (Department of Planning Services)
J. 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. 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 2005-7 approved June 1,2005, should the plat not
be recorded within the required thirty (30) days from the date the Board of County Commissioners
resolution a $50.00 recording continuance charge shall added for each additional 3 month period.
5. 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(aco.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. Prior to the issuance of the Certificate of Occupancy:
A. If applicable, an individual sewage disposal system is required for the proposed shop and
shall be installed according to the Weld County Individual Sewage Disposal Regulations. The
septic system is required to be designed by a Colorado Registered Professional Engineer
according to the Weld County Individual Sewage Disposal Regulations. (Department of
Public Health and Environment)
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Martin and Carolina Barron
USR-1537
1. The Site Specific Development Plan and a Special Review Permit for a Home Business (truck
parking, home office and maintenance shop)and an accessory building with gross floor area larger
than four percent (4%) of the total lot area 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. The site shall be limited to no more than four employees as stated in the application materials.
(Department of Planning Services)
4. The business equipment shall be stored inside. (Department of Planning Services)
5. The Hours of operation shall be from 7:00 a.m. - 5:00 p.m., Monday- Saturday, as indicated in the
application materials.
6. The site shall be in compliance with Section 23-1-90 of the Weld County Code for a Home Business.
(Department of Planning Services)
7. The applicant shall utilize the site as approved by the Department of Public of Works as delineated on
the plat. (Department of Public Works)
8. 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)
9. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those
wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites
and Facilities Act,30-20-100.5,C.R.S.,as amended. (Department of Public Health and Environment)
10. 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)
11. The applicant shall operate in accordance with the approved"waste handling plan". (Department of
Public Health and Environment)
12. 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)
13. 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)
14. 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)
15. Adequate toilet and handwashing facilities shall be provided for employees and visitors of the facility.
Employees shall be allowed to use the residence restroom facilities until restroom facilities in the
proposed shop are completed and properly permitted.(Department of Public Health and Environment)
16. Any proposed restrooms located in any future structure shall provide the Department of Planning
Services with evidence of an adequate water supply. (Department of Planning Services and Aristocrat
Ranchette Water Project Inc.)
17. 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)
18. The facility shall utilize the existing public water supply (Aristocrat Ranchette Water Project Inc.).
(Department of Public Health and Environment)
19. All potentially hazardous chemicals must be stored and handled in a safe manner in accordance with
product labeling and in a manner that minimizes the release of hazardous air pollutants(HAP's)and
volatile organic compounds (VOC's). (Department of Public Health and Environment)
20. A building permit shall be obtained prior to the construction of any new building,addition or remodel of
the existing building. (Department of Building Inspection)
21. A plan review is required for each building for which a building permit is required. Plans shall include
a floor plan. Plans may be required to 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)
22. Fire resistance of walls and openings, construction requirements, maximum building height and
allowable areas will be reviewed at the plan review. Setback and offset distanced shall be determined
by the Weld County Code. (Department of Building Inspection)
23. 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 Internationals Residential Code:2003 International Mechanical Code: 2003 International
Plumbing Code:2003 International Fuel Code:and the 2002 National Electrical Code and Chapter 29
of the Weld County Code. (Department of Building Inspection)
24. The historical flow patterns and run-off amounts will be maintained on site in such a manner that it will
reasonably preserve the natural character of the area and prevent property damage of the type
generally attributed to run-off rate and velocity increases,diversions,concentration and/or unplanned
ponding of storm run-off. (Department of Public Works)
25. The applicant must take into consideration storm water capture/quantity and provide accordingly for
best management practices. (Department of Public Works)
26. 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)
27. 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)
28. The landscaping on site shall be maintained in accordance with the approved Landscape and
Screening Plan. (Department of Planning Services)
29. 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)
30. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code.
31. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250, Weld County Code.
32. The operation shall comply with all applicable rules and regulations of the State and Federal
agencies and the Weld County Code.
33. 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.
34. 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.
35. 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 Denial Against Denial Absent
Michael Miller
Bruce Fitzgerald
Chad Auer
Tom Holton
Doug Ochsner
James Welch
Erich Ehrlich
Roy Spitzer
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, 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 January 17, 2006.
Dated the 17th day of January, 2006
bulLub du1i
Donita May
Secretary
I- 1 1-,2c)C(c
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, January 17,2006
•
A regular meeting of the Weld County Planning Commission was held in the Southwest Weld County
Conference Room,4209 CR 24.5,Longmont,Colorado. The meeting was called to order by Chair, Bruce
Fitzgerald, at 1:37 p.m.
ROLL CALL
Michael Miller :
Bruce Fitzgerald =_
Tom Holton +.
Chad Auer - Absent
Doug Ochsner - Absent v •
James Welch - Absent
Roy Spitzer - Absent
Erich Ehrlich ;a
Paul Branham
L
Also Present: Kim Ogle,Jacqueline Hatch,Michelle Martin,Department of Planning;Roger Vigil,Building
Inspection Department; Drew Scheltinga, Peter Schei, Don Carroll, Department of Public Works; Char
Davis, Pam Smith, Department of Public Health& Environment; Lee Morrison, County Attorney.
The summary of the last regular meeting of the Weld County Planning Commission held on January 3,
2006, was approved as read.
ITEMS TO BE WITHDRAWN
1. CASE NUMBER: USR-1532
APPLICANT: Reginald Golden& RLSJ Properties LLC
PLANNER: Michelle Martin
LEGAL DESCRIPTION: Lot A of RE-2540; Pt of Section 4,T2N, R68W of the 6th P.M.,
Weld County, Colorado.
REQUEST: A Site Specific Development Plan and Special Review Permit
for a business permitted as a use by right or accessory use in
the Commercial or Industrial Zone District(storage of concrete
forms, equipment and vehicles)in the in the A(Agricultural)
Zone District.
LOCATION: South of and adjacent to CR 26 and west of CR 5.5.
Michelle Martin, Department of Planning Services, said Reginald Golden and RLSJ Properties,LLC have
applied for a Site Specific Development Plan and a Special Review Permit for a business permitted as a
use by right or accessory use in the Commercial or Industrial Zone District (storage of concrete forms,
equipment and vehicles)in the A(Agricultural)Zone District. The applicant withdrew their USRapplication
and is in the process of applying for a one lot PUD.The applicant had until March 14,2006 to submit the
PUD application or the case will proceed to the Board of County Commissioners for violation.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
Mike Miller moved that Case USR-1532, be withdrawn. Erich Ehrlich seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Michael
Miller,yes;Erich Ehrlich,yes;Tom Holton,yes;Bruce Fitzgerald,yes;Paul Branham,yes. Motion carried
unanimously.
CONSENT ITEMS
2. CASE NUMBER: USR-1537
APPLICANT: Martin& Carolina Barron
PLANNER: Jacqueline Hatch
LEGAL DESCRIPTION: Lots 1,7&8 of Block 3,Aristocrat Ranchettes,part of Section 27,T2N Ira
R66W of the 6th P.M.,Weld County, Colorado. t " $ Cfi
REQUEST: Site Specific Development Plan and Special Review Permit for a Home 4 , k
Arj
Business (truck parking, home office and maintenance shop)and an fw, —
accessory building with gross floor area larger than four percent of the sy.
# 4 L9
total lot area, in the A(Agricultural)Zone District.
LOCATION: South of and adjacent to CR 18; approximately 3/4 mile east of CR 31
(west of and adjacent to Hart St.).
Jacqueline Hatch,Department of Planning Services,requested that Martin and Carolina Barron's application
for a home business remain on the consent agenda. The Planning Commissioners had no questions nor
did any of them request to have this removed from the consent agenda.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Tom Stanek,7432 Hart Street, Fort Lupton,CO 80621,said this was a quiet neighborhood and they don't
need a commercial operation there making noise. He added that this property was not zoned for this kind of
noise all night long and was totally against the application. Mr.Stanek said the application had the acreage
of the property listed incorrectly. ft should be 2.97 acres and he knew this as he used to own the property.
Michael Miller moved that case USR-1537 be removed from the consent agenda and heard today. Tom
Holton seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Michael
Miller,yes;Erich Ehrlich,yes;Tom Holton,yes;Bruce Fitzgerald,yes; Paul Branham,yes. Motion carried
unanimously.
Jacqueline Hatch, Department of Planning Services. Martin and Carolina Barron had applied for a Site
Specific Development Plan and a Special Review Permit for a Home Business(truck parking,home office
and maintenance shop)and an accessory building with gross floor area larger than four percent(4%)of the
total lot area in the A(Agricultural)Zone District. The sign announcing the Planning Commission hearing
was posted January 4,2006 by staff. The site was located south of and adjacent to County Road 18 and
approximately%miles east of County Road 31 (west of and adjacent to Hart St). The area consisted of
three lots (lot 1, lot 7 and lot 8) and was approximately 2.97 acres. The site is currently in violation (VI-
0500282). If this Use by Special Review application is approved the property would be in compliance. If
denied,all commercial equipment shall be removed from the property;otherwise,the violation case would
proceed accordingly. The Department of Planning Services had determined that since the applicant was
proposing the storage of materials on site that the material should be enclosed in a structure since the
definition of a Home Business states that the use was conducted primarily within a dwelling unit or
accessory structure and is clearly incidental and secondary to the principal permitted use without changing
the character thereof. The site is part of Aristocrat Ranchettes subdivision. The surrounding properties to
the east,west and south are residential in nature. Agricultural property is located to the north. The home is
currently utilizing an on-site septic system and the water would be provided by Aristocrat Ranchettes Water
Project Inc. The applicant is proposing to utilize the home on Lot 1 for restroom facilities. If in the future
the applicant desires to install a restroom in the shop the applicant would be required to provide written
evidence of an adequate water supply from the Aristocrat Ranchette Water Project Inc. No correspondence
had been received from surrounding property owners. Conditions of Approval and Development Standards
would ensure that the use would be compatible with the neighborhood and surrounding area. Nine referral
agencies reviewed this case,one referral agency had no comments and seven referral agencies included
conditions that had been addressed through the development standards and conditions of approval. No
comments were received from the State of Colorado Division of Wildlife. The Weld County Department of
Planning Services has determined that the special use permit, conditions of approval and development
standards would make the proposal consistent with the Weld County Code and ensure that there were
adequate provisions for the protection of health,safety and welfare of the inhabitants of the County.
The Chair asked about Ms. Hatch's knowledge of similar operations that have been approved in the area.
Ms. Hatch replied that there were about ten USR's including multiple kennels, a hair salon, oil and gas
production and outside of Aristocrat Ranchettes there were more kennels and an inactive turkey farm. Mr.
Miller asked about the described use and the definition being clearly incidental and secondary to the
permitted use. Mr.Miller also asked if the applicants were planning to build another shop and did they live
on the site. Ms. Hatch said the applicants would build a shop to house materials and live in the primary
residence presently on the site with employees coming to the site. Mr. Branham asked how many
employees worked for the business. Ms. Hatch replied there would be four.
Martin Barron,applicant,15724 CR 18,Fort Lupton,CO 80621,said he had nothing to add and agreed with
everything in his application prepared by the Planning Department. Mr. Miller asked the applicant to
describe his business. Mr.Barron said he did excavation on residential areas and needed storage for pipes
and materials and maybe a truck or two. He said most of his materials and equipment would be at the job
sites. Mr. Miller asked if vehicle maintenance would be performed on the site. Mr. Barron said small
maintenance would be done on the site but major repairs would be taken to a mechanic. Employees would
not usually be on the site as they go to work from their homes. Mr.Holton asked the applicant what kind of
excavation he performed and if he did any oil field excavation. Mr.Barron replied that he did basements for
residential builders but no oil field excavation.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Tom Stanek,7432 Hart Street,Fort Lupton,CO 80621,stepped up again and said he had nothing against
the applicant and applauded his improvements to the property. He added if the applicant could guarantee a
minimum noise level he would not have a problem, but he was concerned about the noise and additional
dust from truck traffic. Mr. Stanek said he himself had a large shop on his own property but it was well
insulated for noise. Mr. Branham asked Mr. Stanek about specific noise details and was it ongoing or
occasional. Mr.Stanek replied there was noise from a backhoe being repaired last fall. Mr.Stanek said Mr.
Barron was not the only person out there not in compliance and that he had no problem with a shop as long
as the noise was minimal. If the applicant can guarantee minimum noise,no traffic increase,or trouble with
his employees he would have no problem with the application. Mr. Branham asked again about specific
problems. Mr. Stanek said a commercial shop does not belong in a residential area. Mr. Miller asked Mr.
Stanek to elaborate about dump trucks and other equipment on the site. Mr.Stanek said there was an old
dump truck that was recently removed and an over the road tractor that had been converted to a flatbed
trailer to carry backhoes but had not seen the flatbed trailer lately.
Julie Trujillo,owns property on the corner of Henry Street and CR 18,lots three and four,and her intent was
to build a home and retire there in the next ten to fifteen years and felt that this application would change the
whole essence of the area. She does not want to prevent the applicant from earning a living but does not
want to see a precedent set by allowing this kind of business on the site. Mr.Miller asked Ms.Trujillo about
existing covenants in that area. She replied that there were none to her knowledge.
The Chair closed the public portion of the meeting.
Mr.Barron returned to the podium and addressed noise concerns.He said he needed the backhoe to move
timbers and concrete on the property too large to move any other way. The noise in the future would be no
more than what was presently heard. Mr.Miller asked if dump trucks and equipment would be parked at the
site. Mr.Barron said dump trucks should be at the job sites unless they needed minor work or oil changes,
then he brought them to his home. Mr. Branham asked how long he had operated his business from this
property. Mr. Barron responded he had had his business four years but had moved it to this property six
months ago. Mr.Holton inquired as to what he stored at the site.Mr.Barron said pipes. Mr.Ehrlich referred
to page seven, number eleven and asked about guidelines and regulations in place for a vehicle washing
area. Char Davis,Weld County Department of Public Health and Environment,replied that her file indicated
the applicant might be washing trucks and if they did would need to provide a plan for that to the Weld
County Department of Public Health and Environment. Mr. Holton asked about hours of operation. Ms.
Hatch said number five,item C.could be added to the development standards and state hours of operation
as 7:00 a.m.-4:00 p.m. Monday through Saturday as indicated in the application material.
Mike Miller moved that a Development Standard number five be added and renumbered accordingly to read
'The hours of operation shall be from 7:00 a.m. - 5:00 p.m., Monday - Saturday as indicated in the
application material". Tom Holton seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Michael
Miller,yes; Erich Ehrlich,yes;Tom Holton,yes;Bruce Fitzgerald,yes; Paul Branham,yes. Motion carried
unanimously.
Mike Miller moved that the acreage on the application be amended to read 2.97 acres. Erich Ehrlich
seconded the motion. Motion carried unanimously.
The Chair asked the applicant if he had read the Development Standards and Conditions of Approval and if
he was in agreement with them. Mr. Barron replied yes. The Chair asked if the Planning Commissioners
had any further discussion. Mr.Miller said he hesitated to prevent anyone from running a business on their
property but he could not condone this kind of business as a home business definition due to employees on
the site, storage of business materials and equipment and does not believe it fit the definition of a home
business and would not support the application.
Mr. Holton pointed out that USR-519, a similar case in that area and heard by the Planning Commission
August 16,2005,was denied and there were fewer homes in the area than there were with this application.
Mr.Branham added that if as much as forty percent of the land was being used,that was not incidental use
of the property.
•
Mike Miller moved that Case USR-1537,be forwarded to the Board of County Commissioners along with the
Conditions of Approval and Development Standards with the Planning Commission's recommendation of
denial based on Section 22-2-150, B. 5. b., which states that we need to ensure "compatibility with
surrounding land use in terms of general use, building height,scale, density,traffic dust and noise", and
Section 23-2-220 which also addressed compatibility,and also because it does not fit under the definition of
a home business and that it was clearly not incidental and secondary to the principal permitted use and that
it would change the character of the area. Tom Holton seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Michael
Miller,yes;Erich Ehrlich,yes;Tom Holton,yes;Bruce Fitzgerald,yes;Paul Branham,yes. Motion carried
unanimously.
•
3. CASE NUMBER: USR-1538
APPLICANT: Matthew&Kristi Morrison
PLANNER: Kim Ogle
LEGAL DESCRIPTION: Northmoor Acres Subdivision,2nd Filing, Lot 8, Block 4, being part of
the SW4 of Section 24,T4N, R68W of the 6th P.M.,Weld County,
Colorado.
REQUEST: Site Specific Development Plan and Special Review Permit for a Home
Business (Morrison Engineering)in the (A)Agricultural Zone District.
LOCATION: East of Northmoor Drive on Sage Court,and 300 feet north of CR 42.
Kim Ogle, Department of Planning Services, said that Matthew & Kristi Morrison have proposed a Site
Specific Development Plan and Special Review Permit for a Home Business and would like the case to
remain on the consent agenda. Mr.Ogle said Bruce Bickel,an attorney representing Northmoor subdivision
also wished to speak.
The Chair asked if any of the Planning Commissioners wished to remove this from the consent agenda. As
no one did,the Chair opened up the public portion of the hearing.
Bruce Bickel,attomey representing Northmoor subdivision,said he knows the county was not charged with
enforcing covenants but the Home Owners Association had some concerns with the application,specifically
item B.,page three regarding evidence of periodic use. He said there was roughly nineteen hundred fifty
(1950) square feet in the residence and a shop containing sixteen hundred (1600) square feet. This
equated to forty two percent which would be business related and this was not an incidental use of the
property. Additionally,the subdivision covenants state no commercial enterprise shall be conducted from a
home and this was clearly a commercial enterprise. Mr.Bickel said the Home Owners Association Board of
Directors would be conducting their annual meeting in the near future to review this and other home related
uses. He suggested it would be appropriate to process this on two levels,because they would need to get
the county approval first and then face the covenant issue before this would be a legally accepted use for
either of the entities involved. Mr. Bickel suggested this case be delayed until the Home Owners
Association meeting February 25,2006. Mr.Morrison asked Mr.Bickel if the Home Owners Association had
the power to determine or enforce the use. Mr. Bickel replied that the board of directors would determine
whether or not this would constitute a commercial use even though the business was to be conducted totally
within the residence and had no outside advertising or outside impacts to the property. The Home Owners
Association would not be taking any specific action but they would address applicants use.
Mike Martin,Vice President of the Home Owners Association,said they would be discussing this application
at the February 25, 2006 meeting and would like it to be removed from the consent agenda.
Matt Morrison,5491 Sage Court,Johnstown,CO,owner and operator of Morrison Engineering,addressed
the Planning Commission and said that he had discussed their annual meeting in February,regarding what
kind of businesses would be allowed in the subdivision,with the president of the Northmoor Home Owners
Association and that after that meeting there may not be an opposing view on his business. Mr. Morrison
requested that his case be continued.
Tom Holton moved that case USR-1538 be removed from the consent agenda. Mike Miller seconded the
motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Michael
Miller,yes;Erich Ehrlich,yes;Tom Holton,yes; Bruce Fitzgerald,yes; Paul Branham,yes. Motion carried
unanimously.
The Chair asked Mr. Ogle to determine the next possible hearing date for this case. Mr.Ogle replied that
March 21, 2006 in the Southwest Weld County Hearing room would be available.
Mike Miller moved that Case USR-1538 be continued to the March 21, 2006 hearing date. Tom Holton
seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Michael
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