HomeMy WebLinkAbout20053415.tiff RESOLUTION OF THE WELD COUNTY PLANNING COMMISSION
Moved by Chad Auer 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-1528
APPLICANT: Edmundson Land LLC -Arbor Valley Nursery
PLANNER: Kim Ogle
LEGAL DESCRIPTION: Part SE4 of Section 30, T1 N, R65W of the 6th P.M., Weld County,
Colorado.
REQUEST: A Site Specific Development Plan and Special Review Permit for a use
by right, an accessory use or a use by special review in the (Business)
Commercial Zone District (Wholesale Trade Establishment for the sale of
nursery stock and hardline products produced and imported to site) in the
A(Agricultural)Zone District
LOCATION: West of and adjacent to CR 39; north of and adjacent to CR 4.
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 22-2-60 (A.Goal 4) states,
"Conversion of agricultural land to nonurban residential, commercial and industrial uses will
be accommodated when the subject site is in an area that can support such development.
Such development shall attempt to be compatible with the region." Application materials
indicate that the site can support the proposed use.Conditions of Approval and Development
Standards ensure that a reasonable attempt will be made to be compatible with the region.
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 Use Permitted as
a Use by Right, an Accessory Use, or a Use by Special Review in the Commercial or
Industrial Zone District as a Use by Special Review in the A(Agricultural)Zone District.
C. Section 23-2-220.A.3--The uses which will be permitted will be compatible with the existing
surrounding land uses.Surrounding land uses are predominately agricultural properties with
rural residences associated with the agricultural operations. The Town of Lochbuie has
annexed lands to the south-southeast within right-of-way associated with the Frontage Road
for 1-76 heading directionally in a southwest to northeast alignment. 1-76 serves as the
eastern boundary with the property, including the interchange in the southeast quadrant.
D. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with future
development of the surrounding area as permitted by the existing zoning and with the future
development as projected by Chapter 22 of the Weld County Code and any other applicable
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code provisions or ordinances in effect, or the adopted Master Plans of affected
municipalities.The site lies within the three mile referral area for the City of Brighton and the
Towns of Hudson and Lochbuie. The City of Brighton in their referral dated September 21,
2005 stated "The city of Brighton has no issues with this proposed development...." The
Town of Hudson indicated no conflicts with their interests in a referral response dated
September 14, 2005, and the Town of Lochbuie did not return a referral.
E. Section 23-2-220.A.5--The site does not lie within any Overlay Districts.
Effective January 1,2003, Building Permits issued on the lot will be required to adhere to the
fee structure of the County Road Impact Program. (Ordinance 2002-11) m, V
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 W Y
2005-3415
Resolution USR-1528
Edmundson Land LLC -Arbor Valley Nursery
Page 2
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 for the proposed use. The lands associated with this application will utilize
the prime agricultural soils for use as a wholesale nursery. Further,the lands retained for the
use should not limit the agricultural value of the larger parcel.
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.
The Department of Planning Services' staff recommendation for approval is conditional upon the following:
1. Prior to recording the plat:
A. All pages of the plat shall be labeled USR-1528. (Department of Planning Services)
B. The Use by Special Review Plat shall be prepared in accordance with Section 23-2-260.D
of the Weld County Code. The plat should identify the additional outbuildings, scale house,
gas tanks, approved signs, water supply, restroom facilities, stockpile areas, customer
parking, fencing and loading zones. (Departments of Planning Services and Public Works)
C. The Department of Public Health & Environment (DPH&E) has no objections to the
proposal,however, the home is currently rented and will be for some time in the future. The
well water for the home is designated as domestic. It is DPH&E's understanding that this
home will either be demolished and an office constructed in its place or renovated into an
office structure. It is at that time that the applicant's intend to provide proof that a
commercial well permit has been issued. Environmental Health Services(EHS)does not
know how far in the future this change will occur or a method to track future changes of the
well's designation. Therefore, EHS is requiring that the well be designated as commercial
prior to recording the plat. Written evidence of approval shall be submitted to the
Department of Planning Services. (Departments of Public Health & Environment,
Planning Services)
D. In the event the facility's water system serves more 25 persons on a daily basis the water
system shall comply with the Colorado Primary Drinking Water Regulations(5 CCR 1003-1).
Evidence shall be provided to the Weld County Department of Public Health and
Environment that the system complies with the Regulations. Written evidence of approval
shall be submitted to the Department of Planning Services. (Department of Public Health
& Environment)
E. The applicant shall submit evidence to the Department of Planning Services, from the
Colorado Division of Water Resources, demonstrating that the well(s) are appropriately
permitted for the commercial use. (Department of Public Health & Environment)
F. The applicant shall submit a dust abatement plan for review and approval, to the
Environmental Health Services,Weld County Department of Public Health& Environment.
Written evidence of approval shall be submitted to the Department of Planning Services.
(Department of Public Health & Environment)
G. The applicant shall submit a waste handling plan,for approval,to the Environmental Health
Services Division of the Weld County Department of Public Health&Environment. The plan
shall include at a minimum, the following:
Resolution USR-1528
Edmundson Land LLC -Arbor Valley Nursery
Page 3
1) A list of wastes which are expected to be generated on site (this should include expected
volumes and types of waste generated).
2) A list of the type and volume of chemicals expected to be stored on site.
3) The waste handler and facility where the waste will be disposed(including the facility name,
address, and phone number). Written evidence of approval shall be submitted to the
Department of Planning Services. (Department of Public Health & Environment)
H. The applicant shall submit building permits for all structures currently on the site including signs.
If necessary, structures shall be relocated to meet the setback requirements. In accordance to
Chapter 23, Article III, Section 23-3-50 of the Weld County Code, the required setback is
measured from the future right-of-way line. (Departments of Planning Services Public Works
and Building Inspection)
I. The applicant shall submit written evidence of permission to cross the Lochbuie Utility Easement
and the Beebe Seep Canal to the Department of Planning Services. (Department of Planning
Services)
J. The plat shall be amended to comply with the following Commercial District Performance
Standards as indicated in Section 23-3-250 of the Weld County Code.
1. Section 23-3-250.A.1 —Stormwater Management. The historical flow patterns and run-off
amounts will be maintained on site in such a manner that it will reasonably preserve the
natural character of the area and prevent property damage of the type generally attributed
to run-off rate and velocity increases, diversions, concentration and/or unplanned ponding
of storm run-off.
The applicant must take into consideration storm water capture/quantity and provide
accordingly for best management practices. (Departments of Planning Services and Public
Works)
2. Section 23-3-250.A.2—Parking. Sufficient screened, off-street, paved parking areas shall
be provided to meet the requirements of employees, company vehicles, visitors and
customers. 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 parking shall be figured in accordance to the required parking for sales and service
based on the size of the sales yard. The plat shall indicate the appropriate parking spaces.
The site shall also meet ADA parking requirements. The off-street parking, loading area,
and the access drive shall be surfaced with gravel, asphalt, concrete or the equivalent and
shall be graded to prevent drainage problems. Each parking space shall be equipped with
wheel guards or curb stops where needed to prevent vehicles from extending beyond the
boundaries of the space and from coming into contact with other vehicles,walls, fences or
plant material. (Departments of Planning Services, Public Works)
3. Section 23-3-250.A.3—Street Access. Lots shall have safe access to an approved public
or private street. The design designation of any street or highway as to type shall be in
conformance with that shown on the county thoroughfare plan and/or the master plan of the
affected municipality. The applicant has identified two access points to the facility. The
eastern most access adjacent to the corner does not meet the 150-foot distance for
commercial type use from the intersection. This access shall be closed. Evidence of
closure shall be submitted to the Department of Planning Services.(Department of Planning
Services)
4. Section 23-3-250.A.4— Required Yards - Setback. County Road 4 is a collector road and
requires an 80-foot right-of-way at full build out. The applicant shall verify the existing right-
of-way and the documents creating the right-of-way. Weld County maintains this section
of road. If the right-of-way cannot be verified, it shall be dedicated. (Department of Public
Works)
Resolution USR-1528
Edmundson Land LLC -Arbor Valley Nursery
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5. Off-street parking areas may be permitted in the required setback area when the area is
screened from direct view of persons on the public rights-of-way. Fences over six (6)feet
in height are not required to comply with the minimum setback and may be located on the
property line. Fences located on corner lots abutting public right-of-way shall not obstruct
the view of vehicular traffic at an intersection. (Departments of Public Works and Planning
Services)
6. Section 23-3-250.A.6—Areas used for trash collection shall be screened from 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. The plat shall delineate the screened
enclosure as outlined in this Section of the Code. (Department of Planning Services)
7. Section 23-3-250.A.7 — Water Supply. Uses shall have an adequate source of potable
water. The applicant shall provide current evidence that the facility has an adequate water
supply(i.e.,well or community water system). Further,documentation provided by Anne J.
Castle of Holland and Hart dated July 27, 2005 indicates that there is adequate water
available for the nursery operations on the property. Additionally, the Office of the State
Engineer in their referral dated September 2, 2005 confirms the availability of water for
nursery operations and further states there is a domestic well, permit number 8741 on the
property. "As currently permitted, the well can only be used for domestic purposes. If the
employees and/or customers will be using water from the domestic well for drinking and/or
sanitary purposes a commercial well permit must be obtained. The Department of Public
Health and Environment is requiring that the well be designated as commercial prior to
recording the plat. (Department of Planning Services, Office of the State Engineer)
8. Section 23-3-250.A.8 - Sewage Disposal. Uses shall have adequate sewage disposal
facilities. If the home is demolished and a new office is constructed an individual sewage
disposal system is required for the proposed facility 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.
OR
If the home is converted to an office and the applicant's consider using the existing septic
system for the office they are required to have the system 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. (Department of Public Health and Environment)
9. Section 23-3-250.A.9 — Outside Storage. Outdoor storage of vehicles, equipment or
materials when permitted shall be screened from public rights-of-way and all adjacent
properties. The applicant shall submit a Landscape/Screening Plan to the Department of
Planning Services for review and approval. (Department of Planning Services)
10. The applicant shall complete all proposed improvements including those regarding
landscaping, screening, access improvements and parking lot requirements or
enter into an Improvements Agreement according to policy regarding collateral for
improvements (access drive, parking areas, plant materials, fencing, screening,
etcetera) and post adequate collateral for all required materials. 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. (Department of Planning
Services)
K. The plat shall be amended to delineate the following:
Resolution USR-1528
Edmundson Land LLC -Arbor Valley Nursery
Page 5
1. The attached Development Standards. (Department of Planning Services)
2. The Beebe Seep Canal agricultural/ditch access. (Department of Planning Services)
3. The main access to the office/sales complex accommodating two-way traffic of all type
vehicles with adequate turning radiuses. (Department of Planning Services)
4. Parking spaces to accommodate the 35 to 45 employees. (Departments of Planning
Services, Public Works)
5. Parking spaces for patrons of this facility. (Department of Planning Services)
6. Locations for all existing and future (proposed) structures. (Department of Planning
Services)
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7. Location(s)for all identification signs. (Department of Planning Services)
8. Location of the trash dumpster. (Department of Planning Services)
9. Location of all proposed on-site lighting,either surface or mounted overhead. (Department
of Planning Services)
L. 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. Prior to the release of Building Permits:
A. The applicant shall submit a building permit prior to the construction of any new building, (office
and outbuildings). A building permit is required for change of use of any existing building,
(Single Family Residence to an Office). Further, the applicant shall comply with all stipulations
as outlined in the Department of Building Inspection referral dated August 31,2005.(Department
of Building Inspection)
B. 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
<http://www.cdphe.state.co.us/wq/PermitsUnit> for more information. (Department of Public
Health and Environment)
C. The proposed facilities located on the property shall be in compliance with the Fire Code as
recognized by the Town of Hudson,and as indicated in their referral dated September 13,2005.
(Hudson Fire Protection District)
C. 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 sixty(60)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)
D. 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(cDco.weld.co.us. (Department of Planning Services)
Resolution USR-1528
Edmundson Land LLC -Arbor Valley Nursery
Page 6
E. 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)
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Edmundson Land LLC, dba Arbor Valley Nursery
USR-1528
1) The Site Specific Development Plan and Special Review Permit for a use by right,an accessory use
or a use by special review in the (Business) Commercial Zone District (Wholesale Trade
Establishment for the sale of nursery stock and hardline products produced and imported to site)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) 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)
4) No permanent disposal of wastes shall be permitted at this site. This is not meant to include those
wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites
and Facilities Act, 30-20-100.5, C.R.S., as amended. (Department of Public Health and
Environment)
5) Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust,
fugitive particulate emissions, blowing debris,and other potential nuisance conditions. (Department
of Public Health and Environment)
6) The applicant shall operate in accordance with the approved "waste handling plan". (Department
of Public Health and Environment)
7) Fugitive dust and fugitive particulate emissions shall be controlled on this site. The facility shall be
operated in accordance with the approved dust abatement plan at all times. (Department of Public
Health and Environment)
8) 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)
9) Adequate handwashing and toilet facilities shall be provided for employees and patrons of the facility.
(Department of Public Health and Environment)
10) 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)
11) A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
(Department of Public Health and Environment)
12) The water system shall comply with the requirements for a community water system as defined in
the Primary Drinking Water Regulations (5 CCR 1003-1). (Department of Public Health and
Environment)
13) All pesticides, fertilizer, and other 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)
14) If applicable,the applicant shall obtain a stormwater discharge permitfrom the Colorado Department
of Public Health & Environment, Water Quality Control Division. (Department of Public Health and
Environment)
15) 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)
16) Effective January 1, 2003, Building Permits issued on the site will be required to adhere to the fee
structure of the County Road Impact Program. (Ordinance 2002-11) (Department of Planning
Services)
17) 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)
18) The off-street parking including the access drive shall be surfaced with gravel, asphalt, concrete or
the equivalent and shall be graded to prevent drainage problems. Off-street loading spaces shall
have adequate compaction for unloading of heavy material or equipment. All access and circulation
areas shall be compacted or have hard surface to accommodate an all-weather access to the facility.
(Department of Planning Services)
19) 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)
20) Building permits shall be obtained prior to the any new construction.A building permit is required for
change of use for any existing buildings. (Department of Building Inspection)
21) A plan review is required for each building for which a building permit is required. Plans shall bear
the wet stamp of a Colorado registered architect or engineer. Two complete sets of plans are
required when applying for each permit. Provide a Code Analysis Data sheet provided by the
Department of Building Inspection with each Building permit application. (Department of Building
Inspection)
22) Buildings shall conform to the requirements of the codes adopted by Weld County at the time of
permit application. Current adopted codes include the 2003 International Building Code; 2003
International Mechanical Code; 2003 International Plumbing Code; 2003 International Fuel Gas
Code; 2002 National Electrical Code and Chapter 29 of the Weld County Code. (Department of
Building Inspection)
23) The office, including the bathrooms shall be accessible to persons with disabilities. Separate
bathroom facilities shall be provided when the number of employees exceeds fifteen (15). Fire
resistance of walls and openings,construction requirements,maximum building height and allowable
areas will be reviewed at the plan review. Setback and offset distances shall be determined by
Chapter 23, Weld County Code. (Department of Building Inspection)
24) Building height shall be measured in accordance with the 2003 International Building Code for the
purpose of determining the maximum building size and height for various uses and types of
construction and to determine compliance with the Bulk Requirements from Chapter 23 of the Weld
County Code. Building height shall be measured in accordance with Chapter 23 of the Weld County
Code in order to determine compliance with offset and setback requirements. Offset and setback
requirements are measured to the farthest projection from the building. (Department of Building
Inspection)
25) There shall be no parking or staging of trucks within the public right-of way. (Department of Planning
Services)
26) Trucks transporting materials from the site shall cover their loads to reduce loose materials on the
roadway and damage to vehicles. (Department of Services)
27) The screening and landscaping on site shall be maintained in accordance with the approved
Landscape/Screening Plan. (Department of Planning Services)
28) The single on-site identification sign shall be limited to one four(4)by eight(8)square foot un lit sign.
(Department of Planning Services)
29) Hours of operation shall be from 7:00 a.m. to 5:00 p.m. Monday through Friday and 7:00 a.m. to
12:00 p.m. Noon on Saturday for the wholesale component. (Department of Planning Services)
30) Hours of operation for on-going maintenance of nursery stock shall be limited to sunrise to sunset
March 1 through November 1 and 7AM to 7PM, November 1 through March 1 of any given calendar
year. (Department of Planning Services)
31) The facility shall not exceed 45 employees as stated in the application materials. (Department of
Planning Services)
32) The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code.
33) The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250, Weld County Code.
34) Weld County Government Personnel 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.
35) 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.
36) 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 Roy Spitzer
VOTE:
For Passage Against Passage Absent
Michael Miller
Roy Spitzer
Erich Ehrlich
Bruce Fitzgerald
Chad Auer
Tom Holton
Doug Ochsner
James Welch
Paul Branham
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 October 18, 2005.
Dated the 18th of October, 2005.
Donita May
Secretary
10 / ? :;hoc
LEGAL DESCRIPTION: Lot A of RE-3492; Pt E2NE4 of Section 30, T3N, R68W of the
6th P.M., Weld County, Colorado.
REQUEST: Change of Zone from the R-1, (Low Density Residential)Zone
District to A(Agricultural)Zone District.
LOCATION:
Chris Gathman, Department of Planning Services, said the applicant is requesting that Case CZ-1100 be
continued indefinitely. The zone change is proposed to allow in part for a landscaping business. The
applicants would like the change of zone and proposed use to be reviewed at the same time. As a result,
the Department of Planning Services is requesting additional information that defines the proposed uses.
This information has not yet been submitted and will need to be reviewed by referral agencies prior to
scheduling a Planning Commission hearing.
The Chair asked if there was anyone in the audience who wished to speak for or against this continuance.
No one wished to speak.
Michael Miller moved that Case CZ-1100, be continued indefinitely. Chad Auer seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Roy
Spitzer, yes; Michael Miller, yes; Chad Auer, yes; Tom Holton, yes, Doug Ochsner, yes; Bruce Fitzgerald,
yes; Paul Branham, yes. Motion carried unanimously.
Items for Consent:
3. CASE NUMBER: USR-1529
APPLICANT: Asphalt Specialities Co Inc
PLANNER: Kim Ogle
LEGAL DESCRIPTION: E2 SE4 Section 31, T3N, R67W of the 6th P.M., Weld County,
Colorado.
REQUEST: Site Specific Development Plan and Use by Special Review for
Mineral Resource Development Facilities, including Open Pit
Mining and Materials Processing, including a Concrete Batch
Plant in the A(Agricultural)Zone.
LOCATION: North of and adjacent to CR 26; west of and adjacent to CR 15.
Rob Laird, applicant, 10100 Dallas St, Henderson CO 80640, agreed to Case USR-1529 remaining on the
consent agenda.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
Michael Miller moved that Case USR-1529, be forwarded to the Board of County Commissioners along
with the Conditions of Approval and Development Standards 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. Roy
Spitzer, yes; Michael Miller, yes; Chad Auer, yes; Tom Holton, yes; Doug Ochsner, yes; Bruce Fitzgerald,
yes; Paul Branham, yes. Motion carried unanimously.
4. CASE NUMBER:
APPLICANT:
PLANNER: Kim Ogle
LEGAL DESCRIPTION: Part SE4 of Section 30, Ti N, R65W of the 6th P.M., Weld
County, Colorado.
REQUEST: Site Specific Development Plan and Special Review Permit for a
use by right, an accessory use or a use by special review in the
2
EXHI:l
USe #)5zg
(Business)Commercial Zone District(Wholesale Trade
Establishment for the sale of nursery stock and hardline
products produced and imported to Site) in the A(Agricultural)
Zone District.
LOCATION: West and adjacent to CR 39; north and adjacent to CR 4.
Scott Larson, representing the applicant, 1888 Sherman St, Ste 415, Denver CO 80203, agreed to Case
USR-1528 remaining on the consent agenda.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
Chad Auer moved that Case USR-1528, be forwarded to the Board of County Commissioners along with
the Conditions of Approval and Development Standards with the Planning Commissions recommendation
of approval. Roy Spitzer seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Roy
Spitzer, yes; Michael Miller, yes; Chad Auer, yes; Tom Holton, yes; Doug Ochsner, yes; Bruce Fitzgerald,
yes; Paul Branham, yes. Motion carried unanimously.
5. CASE NUMBER: USR-1525
APPLICANT: Deborah Lowry
PLANNER: Jacqueline Hatch
LEGAL DESCRIPTION: Part S2 SE4 of Section 29, T2N, R68W of the 6th P.M., Weld
County, Colorado.
REQUEST: Site Specific Development Plan and Special Review Permit for a
kennel (80 dogs including a dog day care) in the A(Agricultural)
Zone District.
LOCATION: West of and adjacent to CR 5; approximately Y:mile south of CR
16.5.
Deborah Lowry, applicant, 7019 CR 5, Erie CO 80516, agreed to Case USR-1525 remaining on the
consent agenda.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
Michael Miller moved that Case USR-1525, be forwarded to the Board of County Commissioners along
with the Conditions of Approval and Development Standards with the Planning Commission's
recommendation of approval. Chad Auer seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Roy
Spitzer, yes; Michael Miller, yes; Chad Auer, yes; Tom Holton, yes; Doug Ochsner, yes; Bruce Fitzgerald,
yes; Paul Branham, yes. Motion carried unanimously.
Hearing Items:
6. CASE NUMBER: USR-1523
APPLICANT: David & Beverly Heussmann
PLANNER: Jacqueline Hatch
LEGAL DESCRIPTION: Lots 2, 3 & 25 of Dream Acres; part NW4 of Section 25, T2N,
R68W of the 6th P.M., Weld County, Colorado.
REQUEST: Site Specific Development Plan and Special Review Permit for a
kennel (4000 game birds)and for a home business (concrete
forming business) in the A(Agricultural)Zone District.
LOCATION: South of and adjacent to CR 18; approximately''/ mile east of
CR 11.
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