HomeMy WebLinkAbout20051007.tiff SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, February 1, 2005
A regular meeting of the Weld County Planning g Commission was held Tuesday 2004, in the Weld County Department
of Planning Services, Hearing Room, 918 10` Street, Greeley, Colorado. The meeting was called to order by Vice
Chair, Bryant Gimlin, at p.m.
ROLL CALL
Michael Miller Absent
Bryant Gimlin
John Folsom
James Welch
James Rohn
Bruce Fitzgerald Absent
Tonya Strobel Absent
Chad Auer
Doug Ochsner
Also Present: Don Carroll, Char Davis, Peter Schei, Michelle Martin, Jacqueline Hatch, Pam Smith
The summary of the last regular meeting of the Weld County Planning Commission held on, January 18, 2005,was
approved as read.
The following case will be indefinitely continued:
CASE NUMBER: USR-1497
APPLICANT: Clement McNaney III c/o JCB Engineering
PLANNER: Jacqueline Hatch
LEGAL DESCRIPTION: Lot B of RE-261; Pt of SE4 Section 15, T6N, R67W of the 6th P.M., Weld
County, Colorado.
REQUEST: A Site Specific Development Plan and Special Review Permit for a business
permitted in a use by right or accessory use in the Commercial Zone District
(Landscape Materials Yard) in the A (Agricultural)Zone District
LOCATION: North of and adjacent to Hwy 392 and approximately 1/4 mile west of CR 21.
Jacqueline Hatch, Department of Planning Services read a letter requesting an indefinite continuance. This will
allow the applicant time to finalize the access to the site.
CASE NUMBER: MZ-1060
APPLICANT: Gary&Judy Harkless
PLANNER: Michelle Martin
LEGAL DESCRIPTION: Lot B of RE-2641; being part of the SE4 Section 13, T6N, R66W of the
6th P.M., Weld County, Colorado.
REQUEST: A Minor Subdivision Change of Zone from (A) Agriculture to (E) Estate for 9
residential lots (Faith Estates)
LOCATION: / mile South of CR 70 and West of and adjacent to CR 37.
Michelle Martin, Department of Planning Services presented Case MZ-1060, reading the recommendation and
comments into the record. The Department of Planning Services is recommending approval of the application
along with the Conditions of Approval and Development Standards.
John Folsom asked for clarification on condition 2.X and if there were any wetlands. Ms. Martin indicated there
are irrigation ditches on the property and the possibility of wetlands exists. Mr. Folsom asked if staff had received
a referral from the Core of Engineers. Ms. Martin indicated they had not.
Shawn Fipes, Pickett Engineering, representative for the applicant, provided the following additional information,
this is a straight forward subdivision; there is nothing out of the ordinary. Mr. Fipes added the applicant hired a
Wildlands Consultants and according to their investigation no potential wetlands or endangered species were
found on site. This report was included in the packet.
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Doug Ochsner asked if there is any non potable water for the proposed development and will any of it be used for
irrigation. Mr. Fipes stated there are ditch laterals that run along the west side of the property but the applicant
does not have the water rights. The intent for the development does not include non potable water at this time.
The individual lot owners would be responsible for their own irrigation. The open space areas will be seeded with
native grasses.
James Rohn asked the size of the open space. Mr. Fipes indicated it was less than 2 %acres. Peter Schei,
Public Works, stated outlot A is 1.108 acres and outlot B is 0.349 acres with a total of less than 2 acres
James Rohn asked Mr. Schei about paving the internal road. Mr. Schei stated this is a minor subdivision so that is
not a requirement.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No one
wished to speak.
Pam Smith, Weld County Health, asked to amend 1.A.3, which indicated all septic envelopes need to be removed.
Ms. Smith indicated the plat that was reviewed contained the envelopes and the comment was made according to her
referral that the applicant had met setback requirements. Ms. Martin stated the removal of septic envelopes from the
plat was by the advice of the County attorney. He advised the Department of Planning Services plat which the County
records would just contain the boundary surveyed. Ms. Martin stated the septic envelopes can be added at the time of
final plat and remove from change of zone plat. Ms. Smith stated the language is acceptable and can be added at the
time of final plat.
Lee Morrison stated the concern he had was there was more and more detail on the change of zone plat but in fact all
that goes on the change of zone plat is the description of the area for where the zone change is located. The other
detailed information can be included in other documents or drawings. The recorded document is just the surveyed
boundary of the area and the zone change. This goes back to the basics and the other details can be in the recorded
later. The other concern is if the plat is changed at final plan, this would be an issue.
John Folsom added he likes to have as much information as to what the ultimate development will be, in the area
where the change of zone is being permitted. Mr. Morrison stated the change of zone should justify the area to be
changed the rest can be included in the record. The additional information will not get final approval so the information
should not be required on the recorded document.
Pam Smith indicated the language could go under 3 at the time of final plat. The language consisted of"Primary and
secondary septic envelopes shall be placed on each lot. All septic system envelopes must meet all setback
requirements including the 100 foot setback to any well or ditch."
James Rohn moved to accept the language. Chad seconded. Motion carried
James Rohn indicated he has driven that road for several years and this is a good location for a PUD or Estate Zone.
This development is a good mix in area especially with other homes in area and this will compliment the area.
John Folsom moved that Case MZ-1060, be forwarded to the Board of County Commissioners along with the
Conditions of Approval and Development Standards with the Planning Commissions recommendation of approval.
James Rohn seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. John Folsom,yes;
James Welch, yes; Bryant Gimlin, yes; James Rohn, yes; Chad Auer, yes; Doug Ochsner, yes. Motion carried
unanimously.
CASE NUMBER: MF-1053
APPLICANT: Mary F. Carlson and George B. Carlson, Revocable Living Trust
PLANNER: Jacqueline Hatch
LEGAL DESCRIPTION: Lot B of 2nd AmRE-1873; Pt NE4 of Section 8, T7N, R67W of the 6th
P.M., Weld County, Colorado.
REQUEST: Final Plat for a 9-lot minor subdivision- Prairie Ridge Estates.
LOCATION: South of and adjacent to CR 84 and west of and adjacent to CR 17.
Jacqueline Hatch, Department of Planning Services presented Case MF-1053, reading the recommendation and
comments into the record. The Department of Planning Services is recommending approval of the application
along with the Conditions of Approval and Development Standards.
Jeff Couch, representative for the applicant, provided clarification on the proposal. Nothing has been changed
since the approval of the change of zone. This final plat is basically the same as previously reviewed by Planning
Commission.
John Folsom asked if there were any water rights to the property. Mr. Couch indicated there was one share of
North Poudre Irrigation that will be dedicated to the HOA. The share yielded 3 acre feet of water this year. The
homeowners are being asked to buy a share of water with the lots. There is a gated irrigation system on the site.
Mr. Folsom asked if the small amount of water is the reason the farm is not being used. Mr. Couch indicated the
water has been sold off the property and the ground was used to graze sheep. Mr. Folsom indicated the maps still
consider this as prime. Mr. Couch indicated the slope makes it difficult for the land to be prime.
James Rohn stated he feels there needs to be more water dedicated to the site to keep the area green and the
property looking nice. Mr. Rohn indicated the City of Fort Collins leases water out. Mr. Rohn would like to see a
Condition added to make the owners obtain water to maintain the landscape. This would be water for irrigation
purposes. Mr. Couch stated North Weld County Water District is providing an incentive for reduction of raw water
use. Mr. Couch added there is a vegetative management plan in the covenants and limit the number of animals.
There is a natural seepage from the Cactus Hill Ditch. There is the option for the homeowners to lease from North
Poudre Irrigation but there has been none leased in the last few years. Mr. Rohn would still like something in the
Development Standard requiring the owners to obtain more water.
Bryant Gimlin stated that Planning Commission must be careful to not put in a requirement that cannot be
accomplished. Mr. Ochsner stated there are years when there is no water to rent. Placing a stipulation that
cannot be done would not be favorable. This property has not had water at the site and has operated on water
that is there. Mr. Ochsner asked Mr. Couch if one homeowner purchases water are they be able to use the
irrigation system or does it still need to go through the entire HOA. Mr. Couch stated the HOA would be able to
rent water and assess to all the homeowners. The head gates are isolated so the individual lots can be watered.
The applicants intended to keep the irrigation system because it will be of more value to the site.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No one
wished to speak.
John Folsom moved to accept staff changes. Doug Ochsner seconded. Motion carried
Jeff Couch indicated concerns for Development Standard 32 being Mountain View Fire Protection; in fact they are
under Poudre Fire Protection. There are agreements with most of those who did not respond.
James Rohn moved to change Development Standard #32. Doug Ochsner seconded. Motion carried
James Rohn moved that Case MF-1053, be forwarded to the Board of County Commissioners along with the
Conditions of Approval and Development Standards with the Planning Commissions recommendation of approval.
James Welch seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. John Folsom,yes;
James Welch, yes; Bryant Gimlin, yes; James Rohn, yes; Chad Auer, yes; Doug Ochsner, yes. Motion carried
unanimously.
James Rohn commented he would like to stress working for extra water.
CASE NUMBER: USR-1495
APPLICANT: Marcelle Guedner Go Jess Aragon
PLANNER: Michelle Martin
LEGAL DESCRIPTION: Pt NE4 Section 8, T5N, R67W 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 Zone District
(Landscape Materials Yard) in the A(Agricultural)Zone District
LOCATION: 753 feet west of CR 17 and 'A mile north of State Hwy 34.
Michelle Martin, Department of Planning Services presented Case USR-1495, reading the recommendation and
comments into the record. The Department of Planning Services is recommending approval of the application along
with the Conditions of Approval and Development Standards
Doug Ochsner asked where the closest residence were located. Ms. Martin stated the residence to the west is the
closest.
John Folsom asked Ms. Martin if there will be retail sales at this site. Ms. Martin stated they will be selling material.
Mr. Folsom asked how many vehicles per day would be at the site. Don Carroll, Public Works,stated Matt Delich did a
traffic study for the applicants and is present and can be referred to. Mr. Folsom asked Ms. Martin about the number
of employees. Ms. Martin stated the application indicated two full time and four part time employees. Mr. Folsom
asked if this was reflected in the Development Standards. Ms. Martin clarified there will be six employees in season
and two out of season and this is reflected in the Development Standards. Mr. Folsom asked about the letter from
Windsor implying the property is in a flood way, if so is a flood hazard permit required?. Mr.Carroll indicated the FEMA
map does not show the property being in the flood way.
James Rohn asked Ms. Martin about the retail in the dairy to the north and is the dairy retail approved with a USR. Ms.
Martin stated there is no USR on that site. Mr. Rohn asked if it was in violation. Ms. Martin indicated the site is not
currently in violation with the County. Mr. Rohn stated the application requests a landscape materials yard with no
mention of customers, has the application been adjusted. Ms. Martin stated the applicant can address this. Mr. Rohn
asked about the pre-add. Ms. Martin stated it was approved by the Board of County Commissioners and they will be
heard on February 16, 2005.
Doug Ochsner asked for a summary of the history and violations on the proposed development. Ms. Martin stated the
business has been operating in the past. Ms. Martin stated that Bethany Salzman,Zoning Compliance, can discuss
the violations and conversations with the surrounding property owners. Ms. Salzman can also discuss the court case.
Bethany Salzman,Zoning Compliance Officer,stated the neighbors do have documentation in which they are keeping
track of the truck traffic. There is also a valid permit on site to continue building and they are still allowed to bring
trucks to the site for personal use. There is no way to calculate how much activity is currently going on that is either
business or personal. The Web site indicates the business is not open. The business does have a permit with the
County to operate.
James Rohn stated the application shows they will have hours of operation on Sunday and the application indicates in
season. The Development Standards do not indicate the difference between in season and out of season. The
Development Standard states they will be open from March through November, this would indicate no action on the
property from November through March. Ms. Martin stated that was correct, personal activity is acceptable in the off
season. Ms. Martin indicated it was March 15 through November 15.
Rick Zier,attorney for the applicant, provided additional information for the project. Mr.Zier went through the history of
the business and the processes they have gone through with Weld County. The intent is to get through this process in
order to open in the spring of 2005. The applicant has ceased operation when ordered by the courts. The applicant
has learned from the past processes and has done everything required of him. The neighbor issues regarding dust,
noise and compatibility have been reviewed and those issues have been mitigated to the best of the applicants'ability.
There is no oil and gas on site. The traffic is modest and a traffic study has been done. Access is owned by the
applicant and others who share the road. The traffic for this business does not go in front of the neighbors who are in
disagreement of this proposal. There are two access points,screening has been done with white fencing,and the front
of the business is designed to match Windsong Ranch. The applicant has planted trees to improve the visual aspect
of the site. The site slopes to the south therefore the materials will be on south side away from the road. The fence on
the west side is approximately twelve foot above grade in some places. The prevailing wind is from north west,there
are fields on the north across from the proposed site and the wind will blow across those fields. The site is all rock with
very minimal dust. The material stored on site is mostly rock. The dust mitigation along the road has been done. This
is a better application than the last time. The applicant has been in compliance with the court order,there has been no
material accumulation to the site. There is some concern for the limitation on the time period for the operation. The
issues with the hours of operation are materials can become available during the winter and would need to transfer to
the site. The applicant would like to see the limitation on months of operation be deleted.
James Rohn indicated the months of operation being restricted and this is what the application stated. Mr. Rohn asked
if there was anything associated with a Christmas tree business located at this site. Mr.Zier stated there was nothing.
John Folsom asked if there will be any retail sales at this site or will all landscaping be done off site. Mr. Zier stated
there will be some retail sales and that was understood to be part of a landscape materials yard. Mr. Folsom stated
the request to change the months of operation would be so the applicant could operate during the winter months. Mr.
Zier indicated that was correct and the applicant would be willing to reduce the daily hours if requested by the Planning
Commission. Mr. Folsom indicated there will only be two employees during the off season.
Jess Aragon, applicant, presented a packet of information including pictures and reviewed the information. The photos
in the packet provided evidence of the improvements that have been made to the site. Those off site improvements
include; road base and road maintenance, dust abatement, screening, addition of traffic calming devices (stop sign
and children playing) and culverts in the road for improved drainage. The improvements on site include screening,
fencing,weed mitigation and visual improvements. There is also a building on site that contains a public restroom per
a request from a previous process. Mr.Aragon indicated he will continue to maintain the roadway and Public Works
has requested he widen the road to two lanes along the frontage of the property. There are two access points to the
site. Mr. Aragon added the business must be visually appealing for the business to be productive. The equipment
stored on site is not huge because the business is focused more on private homeowner landscaping adverse to large
commercial.This allows them to have smaller quantities because homeowners are doing it themselves and the site is
better organized. There are trees planted in the drainage area to absorb some of the water. Mr.Aragon continued by
stating retaining walls have been added to the site. The trucks are now parked on the upper tier away from the west
residence to help mitigate their concerns for noise and the fencing on the west is approximately 13 feet in height at
some locations. The operation is compatible with the dairy and the soon to be commercial area to the south. The
normal operation season is February 15 or March 1,depending on weather,as being the beginning and November 15
as the end of the season. Mr.Aragon would like to operate and be open on most days including the off season due to
the possibility of warm weather at those times. There is an IGA between Windsor and Greeley for the autoplex on Hwy
34 and CR 17. There will be several business located in the commercial area to the south of this property. This
commercial venture to the south will bring far more pollution, noise and traffic to the area than this type of business
could ever dream of. Mr.Aragon added this site will not be expanded. Cindy Rubiano, applicant, provided additional
information on the commercial venture that will be occurring to the south. The expectation of breaking ground is
expected in the summer 2005. Mr. Aragon continued with site distances from the site to the various surrounding
property owners. There is also interior screening to help buffer the upper area which is more intense. The bulk of
Windsong Ranch residents are in favor of the proposed development.
James Rohn asked about the first application and the concern at that time was for the access and is there a possibility
to gain access from the Lind property to the south. Mr.Aragon indicated that was not a possibility, besides they have
ownership access to the road they are currently using. The easement is 60 feet wide according to the deed.
John Folsom asked if there will be retail sales at the site and what kind of affect that will have on the trips per day. Mr.
Aragon indicated Matt Delich could address those concerns more sufficiently.
Matt Delich,traffic consultant,provided additional information on the project.Traffic counts were done in September of
2004 on a Saturday which is typically the busiest for this type of business. Traffic counts are done on an hourly basis
and it seems that mid afternoon on Saturday had more traffic than mid morning. There was a higher traffic count on
CR 17 as well. The counts were done in September which is not the busiest time of year for this type of business but
the count was 10 trip ends,therefore,the 22 trips counted by the neighbor were pretty accurate. This trip generation is
higher than a residence but not a high number. The estimate for trip ends for this business is approximately 100-150
trips per day for the site. According to Mr. Delich this is not a high intensity use.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Mike Brower, real estate broker, agent that represented Ms. Guedner when the property was purchased. Mr. Brower
indicated the pictures presented by Mr.Aragon did not contain pictures from when the property was purchased. There
was no fencing and the road was in horrible condition,there were silage pits in middle of property with trash packed in
them. The improvements that have been done to this property are incredible. Mr. Bower added he is a customer of
TimberRock because of Mr. Aragon's willingness to help children out with fundraising activities. Mr. Bower has also
referred TimberRock to several people. The business is beneficial because all new subdivision require HOA's and
most subdivisions require a landscape plan. Mr. Bower added that the improvements to this site have increased the
property values in the area. Access is important when selling properties and the access to this property as well as
those to the west are significantly improved.
John Schroeder,with Elite Rock and Stone, indicated he is in approval of the proposed project. Mr. Schroeder sells
wholesale stone and this yard is the neatest in the area. Mr. Schroeder indicated that as of October 18 he has held
onto a load of rock because Mr. Aragon would not allow it to be delivered to the site.
Graham Strickland,employee for TimberRock,stated he was in favor of the proposal. This proposal is compatible with
the surrounding area. The lot is covered with rock so the dust issue has been mitigated. The noise at the dairy farm is
as significant and the same as what occurs on this property. There is several subdivision that TimberRock delivers to
and assist them in their landscaping. This business will help the subdivisions that will occur in the future.
Vicki Albertson,Value Pack Representative and customer of TimberRock, indicated she is happy to have this service
in the area. Ms.Albertson has also worked with the applicants with their marketing specifically in their advertising and
is well aware the applicants have ceased the operation according to the order.
Kathy Weinmeister, neighbor, indicated her concerns with the traffic and the number of vehicles, along with dump
trucks that enter the site. The road is privately maintained not public. The culvert put in by the applicant has created
the need for a four wheel drive last year because of the mud that built up. Ms. Weinmeister stated she can see the
semis and the people on site. Ms. Weinmeister went through the history of the proposal and the issues with the
business. Ms. Weinmeister indicated the fence would not stop the sounds from exiting the site. Ms. Weinmeister
indicated that cars are not the only things that create dust. TimberRock sells dirt so when there is wind there will be
dust. The proposed auto mall will not infiltrate this residential area it will be further to the south of this site.
Laurie Stayle, customer of TimberRock, indicated she would love to have the road that that TimberRock has created
for the access. Ms. Stayle indicated the area is improving and getting better. Ms.Stayle indicated that Mr.Aragon has
integrity and will do what is asked of him and she would like to see this approved.
Jim Soreno,customer of TimberRock, indicated there has been no advertising done for this site. The winds are from
west to east so the dairy gets most of the dust generated by the operation. (Mr. Soreno is a hot air balloonist)
Tina Shimmer, neighbor to the north, indicated she has nothing against the business or the owners. They purchased
their property for 4H projects and for future development. Ms. Shimmer indicated she has two concerns with the
proposal. The first concern is the business was not started with the proper approvals. The second concern is the
confusion about the access road. Ms. Shimmer has an attorney attempting to clarify the understanding. When she
purchased the property she was informed that every owner has 30 feet out into the road along the frontage of the
property. Ms. Shimmer indicated she is unable to subdivide her ground until the access is straightened out. Did the
traffic study count the number of semi and dump trucks? The applicant has closed the doors but the semi has been in
and out and she does not believe it is for personnel use, it has been there at night. The noise from the dump truck
dumping rock is loud, The dumping of rocks during the night has got to stop. The dairy does not use the road CR 17.
This is not a county road and not maintained as such. Ms. Shimmer would like to see this denied.
Lin Martin,customer of TimberRock, indicated they are not operating the business. She is here today to show support
for the business. This is a small family business and its continuance as a part of the community is vital. This use is
compatible and exceeds the appearance of the neighborhood. Mr.Aragon has widened the road for the safety of the
surrounding property owners. The dust mitigation has been done and the road materials have been applied for
stability. The improvements have been made and paid for by TimberRock. The interesting aspect is none of the
neighbors have stepped up and tried to work with TimberRock to pay for the improvements and they have not asked.
Improvements such as buffering both internal and external have been added. Ms. Martin indicated in a rural area there
will always be dust. The business looks more like a landscaped area;the supplies are not visible from the road as well
as the machinery. Ms. Martin is amazed that the neighbors are scrutinizing this business when a huge auto mall will be
built. That area will have noise and light pollution that far exceeds this small family business.
Jim Spear,truck driver for TimberRock, indicated he is the driver of the semi and he has not brought any loads into the
site during the night hours. The standard hours of operation are 7:00am to 5:00pm. The quarry closes at 4:00pm in
the afternoon. The truck is parked in Greeley. Mr. Spear stated Mr.Aragon is strict with regards to the times he can
load and unload.
The Chair closed the public portion.
Bryant Gimlin asked Mr. Carroll about widening of the road. Mr. Carroll stated the widening will be for the access road
along the entire frontage of the site and the applicants are agreeable to widening that section. This was based on a
safety concern that was brought up through testimony. The widening would accommodate two way traffic. The road
narrows at the entrance so widening it would help accommodate traffic. There is a single culvert in the road and it
would need to be widened to accommodate two land traffic. Mr. Carroll stated the ownership of the road has been an
issue and according to the County records the road is a joint ownership. Mr. Morrison added he has reviewed the
document that creates the road and what was done was a deed to create a separate parcel that was deeded to all
owners along the roadway, it was not done as an easement or right of way. The parcel was done as a strip of ground
that is jointly owned. There are some advantages and disadvantages to this. There was no evidence they did not
have access or the use was limited because of the nature of that strip of land. This position has been made clear
during the course of the hearing over the last couple of years. The neighbors can seek legal counsel and pursue other
remedies if they do not agree. There has been no action taken as of this time. This issue has been raised but not
pursued and the assumption is the access is legal but it does not preclude them from going to district court and getting
a different ruling. Mr. Gimlin asked if there was anything in the covenants that discussed how maintenance would be
handled and the cost shared. Mr. Morrison indicated there was nothing in the covenants and that is one of the
weaknesses. As opposed to an easement or joint access agreement this is simply the property owners sharing in the
ownership. Mr. Gimlin asked if Planning Commission as the County has the ability to require the owners enter into an
agreement for the maintenance and widening. Mr. Morrison stated it was similar to Oil and Gas access where there is
a shared use of same surface. Planning Commission could say they would like to see agreement or evidence the
applicant has attempted an agreement but has assumed their share of the responsibility. Mr. Morrison added it is not
appropriate to provide a veto under the way the road is set up. Planning Commission could encourage an agreement
but also allow the applicant the opportunity to move forward and show they are taking care of their impacts.
Doug Ochsner commented on the roadway and the applicant has shown his willingness to take care of the road. Mr.
Ochsner stated he would like to see an attempt at an agreement but the applicant is in charge of taking care of the
road and accepts that responsibility. Mr. Gimlin agrees there are multiple owners who benefit from those
improvements. Mr. Gimlin would like to see an amicable agreement.
James Rohn indicated he agrees that the neighbors on the road have a rare opportunity to have a great private road
with easy access. This is a win situation for the neighbors while maintaining the access. There have been significant
improvements done to the site.
Marcelle Guedner, property owner, purchased the property and it was a disaster. The price was negotiated lower
because of the condition of the site and the road. They were under the impression the business could be open during
the application process. The owners use the site but the business is not in operation. The road is being maintained by
Mr. Aragon and this includes the roadway for all the adjacent owners.
Bryant Gimlin asked Ms. Guedner what her understanding was of the access road. Ms. Guedner stated she is going
by what the County Attorney said which was it was as close to a public road without the County having to maintain. Mr.
Gimlin asked if there was a separate deed for the separate parcel. Ms. Guedner stated that in the purchasing
agreement all the easements were included;she was not given a separate deed. The assumption was any deed that
came with the plat was included.
Rick Zier, attorney for TimberRock, stated the applicant has tried to address all the points raised prior to the hearing.
The compatibility is a function of dust, noise and traffic which in the real world occurs in the agricultural zone district.
This area has agricultural uses with a few residences. This use is still adjacent to a dairy whose equipment is similar
to the proposed development. There is a need for this type of business in the area with the increase of residential
subdivisions. Mr. Zier added Windsor is in favor and will eventually annex the entire area. There will be major
commercial uses to the south that will make this use insignificant. The road is jointly owned by all the adjacent
property owners. The applicant is offering to maintain the road from CR 17 to the west property line which will be
widened.
John Folsom moved to amend Development Standard 25 to state the hours and months of operation be from 8:00am
to 6:00pm, Monday—Saturday, March 15 through November 15 and from 9:00am —4:00pm, November 15 through
March 15. Also eliminating the special Sunday hours. Also amend Development Standard 26 to state"the site shall be
allowed to operate all year around." Chad Auer seconded.
Bryant Gimlin suggested deleting Development Standard 26. Mr. Ochsner commented he agrees to the deletion of
Development Standard 26. To limit the hours of operation by one more hour during the winter is not that big of a deal.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. John Folsom,yes;
James Welch, no; Bryant Gimlin, yes; James Rohn, no; Chad Auer, yes; Doug Ochsner, no. Motion denied.
James Rohn moved to delete Development Standard 26 and change the hours of operation from 8:00am—5:00pm to
mitigate the neighbor's noise and dust issues. There was no second.
Doug Ochsner moved to delete Development Standard 26. James Rohn seconded.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. John Folsom,yes;
James Welch, yes; Bryant Gimlin, yes; James Rohn, yes; Chad Auer, yes; Doug Ochsner, yes. Motion carried
unanimously.
James Rohn moved to amend Development Standard 25 to state the hours of operation shall be 8:00am—6:00pm,
Monday— Saturday and 9:00am to 5:00pm on Sunday during the months of March 15 thru November 15 and from
9:00am -4:00pm from November 15 to March 15. No second.
Doug Ochsner indicated he likes the Development Standard as they are stated.
James Rohn commented the business has to adhere to the commercial noise level. Ms. Davis stated the commercial
noise level is 60 decibels. Mr. Gimlin added the noise that will be generated will be similar to an agricultural type
business.
John Folsom stated this case boils down to compatibility. Planning Commission tries to seek mitigation and the
applicant has tried to put in place mitigations and the improvements compensate for any inconveniences.
Bryant Gimlin commented the presentation provided compelling evidence to show what the applicant is capable of and
willing to do. Mr. Auer agrees that compatibility is not a concern since there will be substantial development to the
south. Mr. Morrison added this was an previously unsuccessful application and the applicant went through the County
process necessary for a new application similar to starting with anew application. Mr.Auer stated the concern was the
site development that was originally denied was moved forward on and reapplied for. Mr. Ochsner added the
substantial change that was voted on previously also had concerns for the surrounding area. The commercial that is
being built in the area is a substantial change. The amount of work the applicant has done could have jeopardized him
because if the application was denied he is out the money for those improvements. Mr.Auer does not want to see this
type of precedent set for future denied applications.
Chad Auer moved to clarify 1.J to widening the access road. James Rohn seconded. Motion carried.
Doug Ochsner moved that Case USR-1495, be forwarded to the Board of County Commissioners along with the
Conditions of Approval and Development Standards with the Planning Commissions recommendation of approval.
John Folsom seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. John Folsom,yes;
James Welch, yes; Bryant Gimlin, yes; James Rohn, yes; Chad Auer, yes; Doug Ochsner, yes. Motion carried
unanimously.
Doug Ochsner commented this application is very consistent with the current land use, it is compatible and the
presentation was done very well.
James Rohn commented the original denial was based on the problems with the road being narrow and the risk of
accidents. Safety is still a concern.
Bryant Gimlin commented this is not a continuation of the old application. The applicant submitted a new application
with substantial change. This vote is on the merits of the new application.
Meeting adjourned at 4:30 pm
Respectfully submitted
Voneen Macklin
Secretary
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