HomeMy WebLinkAbout20042206 BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Stephen Mokray,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-1469
APPLICANT: Robert Carpenter/Daniel Lottman
PLANNER: Chris Gathman
LEGAL DESCRIPTION: Lot B of RE-1621; Pt SW4 Section 24, T2N, R68W of the 6th P.M., Weld
County, Colorado.
REQUEST: Special Review Permit for use by right in the Industrial Zone District
(storage of vehicles and equipment associated with a laser leveling
machine to strike off and level concrete) in the A(Agricultural)Zone
District
LOCATION: North of and
be recommended unfavorably to the Board of County Commissioners for the following reasons:
THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE
DENIED 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. The Planning Commission that the applicant has not shown compliance with Section 23-2-220 of
the Weld County Code as follows:
A. Section 23-2-220.A.4 --The uses which will be permitted will be compatible with future
development of the surrounding area as permitted by the existing zoning and with the
future development as projected by Chapter 22 of the Weld County Code and any other
applicable code provisions or ordinances in effect, or the adopted Master Plans of
affected municipalities. This property is located within the boundaries of the Dacono,
Firestone and Frederick Intergovernmental agreement area. The Town of Frederick
borders the northern boundary of the property. The Town of Frederick, in their referral
received, April 29, 2004 indicated that the proposed request does not comply with their
comprehensive plan due to the fact that the area is identified as residential. They feel the
industrial nature of the proposed business does not appear to be compatible with the
surrounding area. According to Section 19-2-60.C.8 of the Weld County Code: "If a
municipality's objection to or recommendation of disapproval of a development proposal
is based upon a conflict or incompatibility between proposed uses in the Development
and the Municipality's anticipated zoning classification for the property, the County will not
approve same unless, in the County's judgment: a) such conflict or incompatibility is
unlikely to occur; b)that suitable mitigation measures to be imposed by the County as
conditions of approval will eliminate or adequately mitigate adverse consequences of
incompatibility or conflict; or c)the municipality's anticipated zoning classification of the
property is unreasonable because of existing uses of adjacent property." Such a
determination would have to be made by the Board of County Commissioners, not the
Department of Planning Services. For this reason the Department of Planning Services is
recommending that this application be denied.
This recommendation is based, in part, upon a review of the application materials submitted by the
applicant, other relevant information regarding the request, and responses from referral entities.
Should the Board of County Commissioners approve this application the Planning Commission
recommends the following be attached as development standards and conditions of approval:
1. Prior to scheduling a Board of County Commissioners hearing: 3
A. The applicant shall submit a detailed signage plan to the Weld County Department of / (1
Planning Services. (Department of Planning Services)
2004-2206
Resolution USR 1469
Carpenter/Lottman
Page 2
B. The applicant shall submit an agreement with the Lower Boulder Ditch Company or
provide evidence that an adequate attempt has been made to address their concerns.
(Department of Planning Services)
C. The applicant shall either submit to the Weld County Department of Planning Services a
copy of an agreement with the properties mineral owners stipulating that the oil and gas
activities have adequately been incorporated into the design of the site or show evidence
that an adequate attempt has been made to mitigate the concerns of the mineral owners.
(Department of Planning Services)
2. Prior to recording the plat:
A. All sheets of the plat shall be labeled USR-1469 (Department of Planning Services)
B. The plat shall be prepared in accordance with Section 23-2-260.D of the Weld County
Code and shall be amended to delineate the following:
1. The attached Development Standards. (Department of Planning Services)
2. The approved Landscape and screening plan. (Department of Planning Services)
C. In the event of washing of vehicles will occur on-site the applicant shall ensure that 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. Written evidence of such
shall be submitted to the Departments of Public Health and Environment and Planning
Services. (Department of Public Health & Environment)
D. In the event that 1 or more acres are disturbed during the construction and development
of this site, the applicant shall inquire with the Water Quality Control Division (WQCD)of
the Colorado Department of Public Health and Environment if they are required to obtain
a stormwater discharge permit. Alternately, the applicant can provide evidence from
WQCD that they are not subject to these requirements. Written evidence of such shall be
provided to the Departments of Public Health and Environment and Planning Services.
(Department of Public Health & Environment)
E. 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:
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 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)
* Evidence of Health Department approval shall be submitted to the Department of
Planning Services. (Department of Public Health & Environment)
F. The applicant shall submit two (2) copies of a screening plan for review and approval by
the Department of Planning Services. Any outdoor storage of vehicles and equipment
shall be screened from adjacent residential properties to the north, south, east and west.
(Department of Planning Services)
G. The applicant shall attempt to address the recommendations of the Weld County Sheriffs
Office as stated in its referral received April 22, 2004. Written evidence of such shall be
submitted to the Department of Planning Services. (Weld County Sheriffs)
Resolution USR 1469
Carpenter/Lottman
Page 3
H. The applicant shall address the requirements of the Department of Planning Services as
stated in the landscape referral dated March 30, 2004. Written evidence of such shall be
submitted to the Department of Planning Services. (Department of Planning Services)
County Road 18 has been annexed and is maintained by the Town of Frederick. The
applicant shall provide a copy of an access permit from the Town of Frederick to the
Department of Planning Services or provide written evidence from the Town of Frederick
that all of their requirements in regards to access off of County Road 18 have been
addressed. (Town of Frederick)
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)
K. The applicant shall enter into a Private Improvements Agreement according to policy
regarding collateral for improvements and post adequate collateral for all landscaping,
transportation (access drive, parking areas, etcetera) and non-transportation (plant
materials, fencing, screening,water, signage etcetera). The agreement and form of
collateral shall be reviewed by County Staff and accepted by the Board of County
Commissioners prior to recording the USR plat. Or the applicant may submit evidence
that all the work has been completed and reviewed by the Department of Planning
Services and the Department of Public Work." (Department of Planning Services)
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. The Department of Planning Services respectively requests the surveyor provide a digital copy of
this Recorded 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 mapsco.weld.co.us. (Department of Planning
Services)
5. Prior to release of building permits:
A. A plan review is required for each building for which a building permit is required. Plans
for the storage building shall include a floor plan. Plans shall bear the wet stamp of a
Colorado registered architect or engineer. Two complete sets of plans are required when
applying for each permit. (Department of Building Inspection)
B. The building will probably be classified as a type S-2 vehicle storage building.
Maintenance of vehicles and equipment is not allowed in a vehicle storage building. Fire
resistance of walls and openings, construction requirements, maximum building height
will be determined by the Zoning Ordinance. (Department of Building Inspection)
C. The building will require an engineered foundation based on a site-specific geotechnical
report or an open-hole inspection performed by a Colorado registered engineer.
Engineered foundations shall be designed by a Colorado registered engineer.
(Department of Building Inspection)
D. Buildings shall conform to the requirements of the various codes adopted at the time of
permit application. Currently the following has been adopted by Weld County: 2003
International Building Code; 2003 International Mechanical Code; 2003 International
Plumbing Code; 2003 International Fuel Gas Code; and the 2002 National Electrical Code
and Chapter 29 of the Weld County Code. (Department of Building Inspection)
Resolution USR 1469
Carpenter/Lottman
Page 4
E. 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 27 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)
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)
A. The septic system serving the"existing single family residence" shall be evaluated 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 Weld County Department of Public Heath 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.
•
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Robert Carpenter&Daniel Lottman
USR-1469
1. The Site Specific Development Plan and Special Use Permit is for use by right in the Industrial Zone
Districts(storage of vehicles and equipment associated with a laser leveling machine to strike off and
level concrete)in the A(Agricultural)Zone District,as indicated in the application materials on file and
subject to the Development Standards stated hereon. (Department of Planning Services)
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld
County Code. (Department of Planning Services)
3. Hours of operation shall be from 7:00 AM to 5:00 PM Monday through Saturday as outlined in the
application materials. (Department of Planning Services)
4. The business shall be limited to three (3) employees as outlined in the application materials.
(Department of Planning Services)
5. The business shall be limited to no more than two(2)semi-tractor trailer units,three(3)pickups and
one (1) utility trailer as outlined in the application materials. (Department of Planning Services)
6. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-
100.5, C.R.S.) shall be stored and removed for final disposal in a manner that protects against
surface and groundwater contamination. (Department of Public Health and Environment)
7. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those
sites 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. (Department of Public Health and Environment)
8. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust,
blowing debris, and other potential nuisance conditions. (Department of Public Health and
Environment)
9. Fugitive dust and fugitive particulate emissions shall be controlled on this site. (Department of Public
Health and Environment)
10. The facility shall adhere to the maximum permissible noise levels allowed in the Residential Zone
District as delineated in 25-12-103, C.R.S. (Department of Public Health and Environment)
11. Adequate handwashing & toilet facilities shall be provided for the employees and patrons of the
facility. (Department of Public Health and Environment)
12. An I.S.D.S is required for the proposed facility and shall be installed according to the Weld County
I.S.D.S. Regulations. (Department of Public Health and Environment)
13. The septic system is required to be designed by a Colorado Registered Professional Engineer
according to the Weld County I.S.D.S. Regulations. (Department of Public Health and Environment)
14. The applicant shall comply with all provisions of the Underground and Above Ground Storage Tank
Regulations (7 CCR 1101-14).
15. 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(HAPs)and
volatile organic compounds (VOCs). (Department of Public Health and Environment)
16. The facility shall utilize the existing public water supply (Central Weld County Water District).
(Department of Public Health and Environment)
Resolution USR 1469
Carpenter/Lottman
Page 2
17. If applicable, the applicant shall obtain a Storm Water Discharge Permit from the Colorado
Department of Public Health and Environment,Water Quality Control Division.(Department of Public
Health and Environment)
18. Effective January 1, 2003, Building Permits issued on the proposed lots will be required to adhere to
the fee structure of the Weld County Road Impact Program. (Ordinance 2002-11) (Department of
Planning Services)
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. The existing access and off-street parking shall be surfaced with gravel, asphalt, concrete or
equivalent and shall be graded to prevent drainage problems. (Department of Public Works)
21. Access for the business shall be restricted to the existing access off of County Road 18.
22. The landscaping on site shall be maintained in accordance with the approved Landscape Plan.
(Department of Planning Services)
23. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code.
24. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250, Weld County Code.
25. Personnel from the Weld County Government shall be granted access onto the property at any
reasonable time in order to ensure the activities carried out on the property comply with the
Development Standards stated herein and all applicable Weld County regulations.
26. The operation shall comply with all applicable rules and regulations from the Weld County Code,Air
Pollution Control Division, Water Quality Control Division, Colorado Department of Labor and
Employment,and the Environmental Protection Agency.(Department of Public Health&Environment)
27. A plan review is required for each building for which a building permit is required. Plans for the
storage building shall include a floor plan. Plans shall bear the wet stamp of a Colorado registered
architect or engineer. Two complete sets of plans are required when applying for each permit.
(Department of Building Inspection)
28. Buildings shall conform to the requirements of the various codes adopted at the time of permit
application. Currently the following has been adopted by Weld County: 2003 International Building
Code; 2003 International Mechanical Code; 2003 International Plumbing Code; 2003 International
Fuel Gas Code; and the 2002 National Electrical Code and Chapter 29 of the Weld County Code.
(Department of Building Inspection)
29. The Special Review area shall be limited to the plans shown hereon and governed by the foregoing
standards and all applicable Weld County regulations. Substantial changes from the plans or
Development Standards as shown or stated shall require the approval of an amendment of the Permit
by the Weld County Board of County Commissioners before such changes from the plans or
Development Standards are permitted. Any other changes shall be filed in the office of the
Department of Planning Services.
30. The property owner or operator shall be responsible for complying with all of the foregoing
Development Standards. Noncompliance with any of the foregoing Development Standards may be
reason for revocation of the Permit by the Board of County Commissioners.
Resolution USR 1469
Carpenter/Lottman
Page 3
Motion seconded by James Rohn
VOTE:
For Passage Against Passage Absent
Michael Miller
John Folsom
Bryant Gimlin
Stephen Mokray
Bruce Fitzgerald
James Rohn
Tanya Strobel
Chad Auer
Doug Ochsner
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioner's for further proceedings.
CERTIFICATION OF COPY
I,Voneen Macklin, Recording Secretary for the Weld County Planning Commission,do hereby certify that the
above and foregoing resolution, is a true copy of the resolution of the Planning Commission of Weld County,
Colorado, adopted on May 18, 2004.
Dated the 18th of May, 2//00))4.
Voneen Macklin
Secretary
.5- i8-ray
possibility that this will devalue the land. The Walters do not believe this use is agriculture in nature and
are opposed to this application.
The Chair Closed the public portion.
Bryant Gimlin asked about the noise level. Ms. Frazer indicated that the dogs are brought in at sunset and
are not let out again until morning.
James Rohn asked what the decibel reading for Commercial was? Ms. Davis indicated that level would
be comparable to an air condition unit at 20 feet. The residential level is comparable to light auto traffic at
100 feet or a private business office. Mr. Rohn asked if the building was insulated? Ms. Frazer stated this
is an existing garage that will need to be updated to meet the concerns of the Health Department and
Building Inspection.
Bryant Gimlin moved to accept staffs recommended changes regarding the fire extinguisher requirement.
Bruce Fitzgerald seconded. Motion carried.
Bryant Gimlin moved to delete 6B and Development Standard#17. Stephen Mokray seconded. Motion
carried.
Bryant Gimlin moved to add a Development Standards and renumber accordingly to include the hours of
operation to be Monday- Friday 7:00am - 7:00pm; Saturday- Sunday 8:00am -7:00pm and Holidays will
follow the same as the weekend hours included in the application. Stephen Mokray seconded. Motion
carried.
Bryant Gimlin moved that Case USR-1472, along with the amendments, be forwarded to the Board of
County Commissioners along with the Conditions of Approval and Development Standards with the
Planning Commissions recommendation of approval. Stephen Mokray seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. John
.- Folsom, yes; Stephan Mokray, yes; Michael Miller, yes; Bryant Gimlin, yes; James Rohn, yes; Tonya
Strobel, yes; Doug Ochsner, yes; Bruce Fitzgerald, yes; Chad Auer, yes. Motion carried unanimously.
— CASE NUMBER: USR-1469
APPLICANT: Robert Carpenter/Daniel Lottman
PLANNER: Chris Gathman
LEGAL DESCRIPTION: Lot B of RE-1621; Pt SW4 Section 24, T2N, R68W of the 6th P.M., Weld
County, Colorado.
REQUEST: Special Review Permit for use by right in the Industrial Zone District
(storage of vehicles and equipment associated with a laser leveling
machine to strike off and level concrete) in the A(Agricultural)Zone
District
LOCATION: North of and adjacent to CR 18; approximately 1/4 mile east of CR 11.
Chris Gathman, Department of Planning Services presented Case USR-1469, reading the
recommendation and comments into the record. The Department of Planning Services is recommending
denial of the application. Staff is recommending on additional Condition 2K which states in part that the
applicant will either submit an improvements agreement to cover any fencing, road improvements or
provide evidence to the Department of Planning Services that those improvements have been completed
prior to recording the plat.
John Folsom asked Mr. Gathman if he had any contact with a Troy Crieger regarding this case. Mr.
Gathman stated his conversations have been limited to the applicants representative, Tom Hellerich. Mr.
Folsom stated that currently there were two violations on site. One has been closed but the more recent
complaint is for equipment being on site. Mr. Gathman stated that was correct per the referral from
zoning compliance. According to the referral there was a five day letter sent. Mr. Folsom asked Mr.
Carroll about CR 18 being annexed, are there any concerns with access to site with equipment? Mr.
Folsom added that CR 18 is a two lane with limited shoulders, will a truck and trailer be able to turn onto - ` !"
this lane'? Mr. Carroll stated that there is a very short access lane to get onto CR 18. The applicant will , ,
need to use the other lane for turn. Mr. Fitzgerald asked if the only access was to the west? Access from t
the east would be limited by the ditch. Mr. Carroll stated the access is to the west of property. (Inaudible) i,.
Chad Auer asked for the location of the elementary school. Mr. Gathman stated it was on the west side of ,,
CR11.
Char Davis, Health Department, would like to add a condition that the septic system be evaluated for this
use and the existing home since it will also be used for employees.
Tom Hellerich, attorney for applicant, addressed some concerns and provided additional information.
Photographs were provided of the vehicles that will be used on site and visual to the surrounding area.
The use will be for storage only and this activity will be on the south 1/3 of the site. The remainder will be
kept as it exists now, pasture. There will be a new structure built that will store the equipment. The first
violation was due to equipment being on site, this was a case of misinformation. The equipment was
removed. The second violation was a vehicle parked on site, the applicant has tried to abide by the rules.
After the second instance Mr. Crieger contacted the office and obtained appropriate applications. Troy
Crieger, applicant, provided additional pictures that explained the site and the surrounding properties. The
photos are of the surrounding neighbors that utilize their ground for parking of possible different
businesses. When the land was purchased they were told it was an ideal location for small business. Mr.
Hellerich added that this will be storage of equipment only. There will only be 3-4 trips per week in and out
of the site. The intent is to have a building to house the equipment. There is a total of 3 employees, one
lives on site. The business is done basically by phone, there will be no one on site at a facility. This use is
consistent with the area. This application was sent to Frederick and they indicated no concern, it was
brought forth later that Frederick was recommending denial. This is the basis for staff denial which is
understandable. Mr. Hellerich addressed letters from surrounding owners that had concerns with the site.
There is no industrial equipment on site, there are three pieces. They will be loaded onto trailers and
removed. The location is a substantial distance away from the proposed school. There will be no
commercial/industrial vehicles. This is not an active type of business with a great number of people
coming and going. The intent is to store the vehicles in side while equipment is not being used.
James Rohn asked Mr. Gathman about the surrounding property and if any are under USR's. Mr.
Gathman indicated that there is an approved USR-1378 for a lawn care business to the east of the site but
the remaining properties are not under any USR's. Mr. Rohn asked if those need to be reviewed or are
they considered a use by right. Mr. Gathman indicated that the nature of the businesses are unclear nor
how long they have operating. If they are deemed a non conforming use that has been in operation prior
to zoning they are an allowed use. The area is zoned agricultural so agricultural equipment is allowed.
Mr. Gathman indicated that the zoning compliance officer works on a complaint basis because there are
300+ existing violations. Mr. Rohn asked about the number of employees. Mr. Hellerich indicated that
there is a total of three only. Mr. Rohn asked about the equipment and there not being a semi on site
while a picture indicated one. Mr. Hellerich indicated there were no large semi none with double axles.
They are all single axel trucks that are used.
Michael Miller stated that there is a picture with a semi present. Mr. Miller asked Mr. Morrison about the
adjoining properties being in violation and does the presence of other non conforming uses indicate this
use must be approved? Mr. Morrison stated that Planning Commission is not required to consider the
compatibility of a use with respect to a use that may be in violation. The criteria should be the uses that
are allowed. Mr. Miller stated some of the equipment in the pictures is allowed in the agricultural zone
district. There does not seem to be anything glaring in the pictures that was in violation.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Tino Mora, neighbor, indicated that he is aware of what is going on because he is the neighbor. The
applicant continues to bring in flatbed trucks. They were seen rinsing out a drum onto the site, no idea of
the possible pollutants. There is a new elementary school two blocks away. Mr. Mora is a teacher at the
school. There is a great concern for more commercial activity in the area in regards to the safety of the
children walking to school. There are semi trucks being used to transport the equipment. Those trucks
make big swings onto CR 18. CR 18 contains several bus stops so safety is a large concern. This
business runs all hours of the day and night. He was awakened by the trucks at 4:30am one morning.
Noise and pollution is a concern. A commercial business in a residential area will cause problems and
this site is being run as a business. There are commercial and industrial locations in the area that would
be more appropriate for this use. If this is approved Mr. Mora would like to see: 1) the hours of operation
�— be from 8:00am to 5:00pm; 2) a non see through safety fence be constructed along the north, east and
west; 3) no semis utilized in the business and if there need to be some there should be no time in which
the trucks could idle time; 4) no maintenance of trucks on site; 5) new road signs should be added
including speed limit signs; 6) the noise level should be restricted for equipment and vehicles. In general
Mr. Mora does not want this in area.
James Rohn asked about the continuing violations and if there is any documentation addressing this? Mr.
Mora stated that Karen McCool does have pictures. She was with Bethany Salzman for a site visit. Mr.
Rohn asked about the location of the school and being able to walk to school in 2 min.
Bryant Gimlin asked if the 4:30 am activity was from this applicant. Mr. Mora stated he was awakened at
4:30 am because his window faces the proposed site.
Chad Auer asked about the school issues with the traffic and bus stops in area and how this site will be
adverse to the school? Mr. Mora leaves his home at 7:00am and there are one or two buses that are
picking children up for the middle and high school, at approximately 7:10 am - 8:00am the buses come for
the elementary school children. The road is very narrow and the site will endanger the kids on CR 18 that
walk to school. Mr. Auer asked if CR 18 has a walking corridor. Mr. Mora indicated it does not.
James Rohn asked about the date the incidence happened at 4:30 am. Mr. Mora indicated it was after
the first violation has taken place. Mr. Gathman indicated the initial complaint was done on August 12,
2003.
Larry Birden, neighbor, expressed concerns with the potential for the business to access into the Summit
View Subdivision to the north. He was concerned about the potential for pollution to run off into the Lower
Boulder Ditch to the east of the site.
Amanda Gazza, neighbor, indicated concern with the small bridge and hill to the east of the property. She
asked what would prevent the business from moving further north and accessing into the Summit View
Estates Subdivision.
Daryn Bourne, neighbor, indicated concerns with traffic from the business entering the Summit View
Estates Subdivision from the northern boundary of the property that the proposed use is to be located on.
John Folsom asked when the new elementary was completed will the children need to walk since it is so
close. Mr. Bourne stated they are now buses to Prairie Ridge but will need to walk.
James Rohn asked Mr. Gathman about CR 18 and what belongs to the county. Mr. Gathman stated all of
CR 18 has been annexed to the Town of Frederick. Mr. Rohn asked about properties that were located in
the County. Mr. Gathman provided a map that showed which properties belonged where.
Chad Auer asked Mr. Bourne about the park. Mr. Bourne stated it is a greenbelt.
The Chair closed public portion
Bryant Gimlin asked about the bridge and about the weight bearing of that bridge. Mr. Carroll stated if the
road was on the county system (Inaudible) Mr. Gimlin asked line of site. Mr. Carroll stated that it was
45.5 feet in width and there is a narrow access frontage to the road. The access is on the west side, ditch
on east side. There is one slot to pull in and out. The speed limit is 45mph. (Inaudible)
Tom Hellerich, responded to concerns addressed by surrounding neighbors. With regards to Mr. Mora
concerns, Mr. Hellerich has no idea where this pollution is coming from. The equipment is presently
stored in Brighton. (Inaudible)
Bryant Gimlin moved to add staff comments to Condition 2K that consisted of"The applicant shall enter
into a Private Improvements Agreement according to policy regarding collateral for improvements and
post adequate collateral for all landscaping, transportation (access drive, parking areas, etcetera)and
non-transportation (plant materials, fencing, screening, water, sign age etcetera). The agreement and
form of collateral shall be reviewed by County Staff and accepted by the Board of County Commissioners
prior to recording the USR plat. Or the applicant may submit evidence that all the work has been
completed and reviewed by the Department of Planning Services and the Department of Public Work."
(Department of Planning Services)
James Rohn seconded. Motion carried.
Bryant Gimlin moved to accept Char Davis, Health Department, language consisting of'The septic system
serving the "existing single family residence" shall be evaluated 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 Weld County Department of Public Heath 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. Chad Auer seconded. Motion carried.
Michael Miller asked about access to back on alley. Mr. Gathman suggested defining the boundaries of
the USR. The building will be on the south end of the property. They could modify the boundary to
encompass the buildings at south end. Mr. Folsom suggested restricting access to the property being
only at the south end of the site off CR 18.
John Folsom moved to have the access be restricted to the current access off CR 18. James Rohn
seconded. Motion carried.
John Folsom commented that this case must be decided on its own merit. Zoning compliance on any
other surrounding uses is not viable should be investigated. (Inaudible)
Bryant Gimlin commented (inaudible)
Chad Auer stated the concerns around the impact of school is crucial. The type of vehicle is a large
impact when considering children.
Doug Ochsner commented there is conflicting testimony. The applicant indicated that this is not an
industrial use it is no different that someone building a shed and parking an RV inside. The applicant is
planning on coming in 3-4 times a week which would not be a significant change. If Mr. Mora were to
develop his property there will be additional homes with the additional traffic, much greater then 3-4 trips
per week.
Michael Miller stated that it comes to honoring the IGA. The decision for denial is based on the criteria
from the IGA. (inaudible) Mr. Folsom added (inaudible).
Chris Gathman added that representative from the Town of Frederick were contacted and encouraged to
come to the meeting.
Don Carroll stated that the Town of Frederick would need to post the signs for speed.
Stephen Mokray moved that Case USR-1469, be forwarded to the Board of County Commissioners along
with the Planning Commissions recommendation of denial. The reasons being it is not compatible with
the area and it is a violation of the IGA criteria. James Rohn seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. John
Folsom, yes; Stephan Mokray, yes; Michael Miller, yes; Bryant Gimlin, yes; James Rohn, yes; Chad Auer,
yes; Doug Ochsner, no; Bruce Fitzgerald, yes; Tonya Strobel, yes. Motion carried.
James Rohn commented (inaudible)
Doug Ochsner commented that he is concerned with the access, he believes the IGA does not create a
conflict.
Bruce Fitzgerald commented (inaudible)
John Folsom commented (inaudible)
Bryant Gimlin commented (inaudible)
Michael Miller commented (inaudible)
•c CASE NUMBER: USR-1470
APPLICANT: Jose Martinez
PLANNER: Chris Gathman
LEGAL DESCRIPTION: Pt SW4 Section 19, T3N, R68W of the 6th P.M., Weld County, Colorado.
REQUEST: Site Specific Development Plan and Special Review Permit for a Use by
Right or Accessory Use in the Industrial Zone District(storage of vehicles
• and equipment along with employee parking associated with a
landscaping business) in the A(Agricultural)Zone District
LOCATION: Approximately 600' east of CR 1 and approximately''V2 mile north of Hwy
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