HomeMy WebLinkAbout20041796.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by,James Rohn 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-1465
APPLICANT: Donald Wroblewski
PLANNER: Jacqueline Hatch
LEGAL DESCRIPTION: Lot 17 of Vantage Acres#1; part of the SE4 of Section 17, Ti N, R65W of
the 6th P.M., Weld County, Colorado.
REQUEST: Site Specific Development Plan and Special Review Permit for a use
permitted as a Use by Special Review, (Home Business, parking of
trucks and trailers) in the A(Agricultural)Zone District.
LOCATION: West of and adjacent to Vantage Road; approximately 1/4 mile west of CR 41;
approximately 1/4 mile north of CR 8.
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 Planning Commission that the applicant has shown compliance with Section
23-2-220 of the Weld County Code as follows:
a. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other
applicable code provisions or ordinance in effect.
Section 22-2-150 B.5(I. Policy 2.5.b)states"ensure the compatibility with surrounding land
use in terms of general use,building height, scale,density,traffic dust and noise."Conditions
have been included through the conditions of approval and the development standards to
ensure the site does not have an adverse impact on the surrounding properties.
Section 22-2-60.D. Goal 4 — The conversion of agricultural land to non-urban residential,
commercial and industrial uses will be accommodated when the subject site is in an area that
can support such development. The site is currently part of Vantage Acres subdivision. The
surrounding properties are primarily single family homes. The applicant is proposing on-site
septic system and the water will be provided by an individual well. A violation was initiated
as a result of a commercial trucking operation located on the property without the proper
zoning permits. This violation has not been presented to the Board of County
Commissioners, due to their submittal of this Use By Special Review application.
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 Special Review(Home Business, parking of trucks and trailers)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. The site is located in the Vantage Acres Subdivision. The
surrounding properties are primarily residential. Proposed landscaping shall mitigate the
impact to the neighboring properties.
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
code provisions or ordinances in effect, or the adopted Master Plans of affected
municipalities. The subject property lies within the three-mile referral area for the City of
Brighton, City of Fort Lupton, Town of Hudson, and the Town of Lochbuie. The City of Fort
Lupton has no concerns with the application. No response was received from the City of
Brighton, Town of Hudson, or the Town of Lochbuie.
2004-1796 .
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Resolution USR-1465
Donald Wroblewski
Page 2
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 proposed lots will be required to
adhere to the fee structure of the County Road Impact Program. (Ordinance 2002-11)
f. Section 23-2-220.A.6--The applicant has demonstrated a diligent effort to conserve prime
agricultural land in the locational decision for the proposed use. The U.S.D.A. Soils Maps
indicate that the soils on this property are designated as other.
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.
If this application is approved and once a plat has been recorded,the violation will be closed; however, if for
any reason this application is denied,the violation process will continue. If denied,within 90 days from denial,
all commercial equipment and activities shall be removed from the property or this case will be presented to
the Board of County Commissioners through the Violation Hearing process.
The Planning Commission's recommendation for approval is conditional upon the following:
1. Prior to recording the plat:
a. The applicant shall contact the Weld County Sheriffs Office to discuss 'Crime Prevention
Through Environmental Design' program. The program reduces the likelihood of criminal
activity at a specific location by'hardening' it to crime. (Sheriffs Office)
b. The applicant shall provide the Department of Planning Services and the Department of
Public Works with a revised drawing delineating the off-street parking and circulation patterns
for review and approval. (Department of Public Works)
c. The Platte Valley Soil Conservation District has provided information regarding the soils on
the site. The applicant shall review the information and use it to positively manage on site
soils. (Department of Planning Services)
d. The applicant shall submit a dust abatement plan for review and approval, to the
Environmental Health Services, Weld County Department of Public Health & Environment.
Evidence of approval shall be submitted to the Department of Planning Services.
(Department of Public Health and 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. Evidence
of approval shall be submitted to the Department of Planning Services. The plan shall
include at a minimum, the following:
1) A list of wastes which are expected to be generated on site (this should include
expected volumes and types of waste generated).
2) A list of the type and volume of chemicals expected to be stored on site.
3) The waste handler and facility where the waste will be disposed(including the facility
name,address,and phone number).(Department of Public Health and Environment)
Resolution USR-1465
Donald Wroblewski
Page 3
f. The applicant shall submit to the Department of Planning Services a schematic Landscape
and Screening Plan for review and approval. The plan shall include the method of screening
the trucks from adjacent properties. Given that the landscape treatment is established,staff
will not require additional landscape treatment. The applicant shall maintain compliance with
Section 23-2-250.B.7 of the Weld County Code at all times. (Department of Planning
Services)
g. The applicant shall submit documentation as to how the outside storage will be screened
during the construction period. Uses involving outdoor storage of vehicles, equipment or
materials when permitted shall be screened from public rights-of-way and all adjacent
properties as outlined in Section 23-3-250.A.9 of the Weld County Code. (Department of
Planning Services)
h. The applicant shall provide the Department of Planning Services with a written approval from
the Hudson Fire Protection District stating that the facility is in compliance with the Fire Code.
(Department of Planning Services)
The applicant shall submit to the Department of Planning Services with a property
maintenance plan. The maintenance plan shall be in compliance with Section 23-2-250.B.7
of the Weld County Code. (Department of Planning Services)
2. The plat shall be amended to delineate the following:
a. The plat shall be labeled USR-1465 (Department of Planning Services)
b. The attached Development Standards. (Department of Planning Services)
c. The Use by Special Review Plat shall be prepared in accordance with Section 23-2-260.D of
the Weld County Code. (Department of Planning Services)
d. The proposed facility has a single family residence and a 4000 SF Maintenance Shop. The
parking requirement for Maintenance Shop has been classified as "warehouse" for the
purposes of this application. Required parking is one space per 1000 SF of area. The
application materials states there will be no employees utilizing the site daily,however,there
may be up to three tractor trailers operated from this site,therefore,the three trucks shall be
parked within the structure and three outdoor tractor trailer spaces are required for the trucks
associated with this application. Total parking required for this facility is three (3) parking
spaces. The application materials do not indicate that the public comes to this facility, thus
staff will not require the applicant to meet the requirements of the Americans with Disabilities
Act. Should this change this requirement shall be met. (Department of Planning Services)
e. The location of the dumpster shall be delineated on the plat.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 as outlined
in Section 23-3-250.A.6 of the Weld County Code. (Department of Planning Services)
f. The applicant shall provide a Lighting Plan. Should exterior lighting be a part of this facility,
all light standards shall be delineated on the Use by Special Review Plat. (Department of
Planning Services)
g. One additional access to Lot 17 of Vantage Acres shall be delineated on the plat. The
access shall be placed in such a location as to have adequate sight distance in both
directions, shall not be placed below the crest of a hill or where physical obstructions are
present. (Department of Public Works)
Resolution USR-1465
Donald Wroblewski
Page 4
h. All approved accesses shall be clearly shown on the plat. The applicant shall contact the
Weld County Department of Public Works to determine if a culvert is necessary at any
approved road access point. If a drainage culvert is required, a 15 inch Corrugated Metal
Pipe(CMP)is Weld County's minimum size. If the applicant chooses to place a larger culvert
please contact the Weld County Department of Public Works to adequately size the culvert.
(Department of Public Works)
The approved off-street parking and circulation pattern shall be delineated on the plat.
(Department of Public Works)
j. Vantage Drive located within Vantage Acres is designated as a local gravel subdivision road.
This road requires a 60-foot right-of-way at full build out. There is presently a 60-foot right-
of-way. A total of 30 feet from the centerline of Vantage Road shall be delineated right-of-
way on the plat. This road is maintained by Weld County. (Department of Public Works)
3. 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)
4. Upon completion of 1., 2., and 3. 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)
5. The Department of Planning Services respectively requests the surveyor provide a digital copy of this
Use by Special Review. Acceptable CAD formats are.dwg, .dxf,and .dgn(Microstation); acceptable
GIS formats are ArcView shapefiles,Arclnfo Coverages and Arclnfo Export files format type is .e00.
The preferred format for Images is .tif(Group 4). (Group 6 is not acceptable). This digital file may be
sent to maps(a�co.weld.co.us. (Department of Planning Services)
6. Prior to the release of building permits:
a. The applicant shall submit evidence of a Colorado Discharge Permit System or CDPS permit
from the Colorado Department of Public Health and Environment(CDPH&E),Water Quality
Control Division, to comply with stormwater requirements from construction sites as
delineated in 5 CCR-1002-61. Alternately, the applicant can provide written evidence to
Environmental Health Services that they are not subject to the CDPS requirements.
(Department of Public Health Environment)
b. A plan review is required for which a building permit is required. Plans for the maintenance
shop shall include a floor plan and complete description of the extent of the work that will be
done to maintain vehicles and equipment. 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)
c. The maintenance shop building will probably be classified as a type S-1 repair garage. 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 the Weld County Code. (Department of Building Inspection)
7. 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
Donald Wroblewski
USR-1465
1. The Site Specific Development Plan and a Special Review Permit for a use permitted as a Use by
Special Review(Home Business, parking of trucks and trailers)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. No employees are permitted. The home business is an incidental use to the principal permitted use
for gainful employment of the family residing on the property. (Department of Planning Services)
4. There may be up to three trucks and three tractor trailers operated from this site. The trailers are
allowed to be parked outside in the designated parking area. The trucks shall be parking inside.
(Department of Planning Services)
5. To ensure compatibility no signs shall be permitted on the site pertaining to the home business.
(Department of Planning Services)
6. All routine maintenance, repairs and/or oil changes shall be conducted inside the shop or proposed
building. (Department of Planning Services)
7. 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)
8. 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)
9. 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)
10. The applicant shall operate in accordance with the approved"waste handling plan". (Department of
Public Health and Environment)
11. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The facility shall be
operated in accordance with the approved dust abatement plan at all times. (Department of Public
Health and Environment)
12. This facility shall adhere to the maximum permissible noise levels allowed in the Residential Zone as
delineated in 25-12-103 C.R.S., as amended. (Department of Public Health and Environment)
13. Adequate handwashing and toilet facilities shall be provided. (Department of Public Health and
Environment)
14. Any septic system located on the property must comply with all provisions of the Weld County Code,
pertaining to Individual Sewage Disposal Systems. (Department of Public Health and Environment)
15. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
(Department of Public Health and Environment)
Resolution USR-1465
Donald Wroblewski
Page 2
16. All potentially hazardous chemicals must be stored and handled in a safe manner in accordance with
product labeling and in a manner that minimizes the release of hazardous air pollutants(HAP's)and
volatile organic compounds (VOC's). (Department of Public Health and Environment)
17. If applicable,the applicant shall obtain a stormwater discharge permit from the Colorado Department
of Public Health & Environment, Water Quality Control Division. (Department of Public Health and
Environment)
18. Potential purchasers should be aware that groundwater may not meet all drinking water standards as
defined by the Colorado Department of Public Health and Environment.The Weld County Department
of Public Health and Environment strongly encourages well users to test their drinking water prior to
consumption and periodically there after. (Department of Public Health and Environment)
19. There shall be no staging or parking of trucks and trailers adjacent to the property on Vantage Drive.
Utilize the on-site parking areas. (Department of Public Works)
20. 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 or storm run-off. (Department of Public Works)
21. Any future structures or uses on site must obtain the appropriate zoning and building permits.
(Department of Planning Services)
22. 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)
23. Building height shall be measured in accordance with the 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
24. Each 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)
25. Building height, wall and opening protection and limitations and separation of buildings of mixed
occupancy classifications shall be in accordance with the Building Code. Setback and offset
distances shall be determined by the Weld County Code. (Department of Building Inspection)
26. Effective January 1,2003, Building Permits issued on the subject property will be required to adhere
to the fee structure of the Weld County Road Impact Program. (Ordinance 2002-11)(Department of
Planning Services)
27 The landscaping on site shall be maintained in accordance with the approved landscape plan.
(Department of Planning Services)
28. The Special Use Permit shall not be transferable to any successors in interest to the prescribed
property and shall terminate automatically upon conveyance or lease of the property to others for
operation of the facility. (Department of Planning Services)
Resolution USR-1465
Donald Wroblewski
Page 3
29. The property owner shall allow any mineral owner the right of ingress or egress for the purposes of
exploration development,completion,recompletion,re-entry,production and maintenance operations
associated with existing or future operations located on these lands. (Department of Planning
Services)
30. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code.
31. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250, Weld County Code.
32. 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.
33. 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.
34. 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 Stephen Mokray
VOTE:
For Passage Against Passage Absent
Michael Miller
John Folsom
Bryant Gimlin
Stephen Mokray
Bruce Fitzgerald
James Rohn
Tonya 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 June 15, 2004.
Dated the 15th of June, 2004.
bu2O-4-32na 4'
Voneen Macklin
Secretary
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CASE NUMBER: USR-1476
APPLICANT: Troy&Judy Hefner
PLANNER: Jacqueline Hatch
LEGAL DESCRIPTION: Lot 4 Althen Boyer Subdivision, Pt of SW4 Section 23, Ti N, R68 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 Special Review(Commercial Junkyard or
Salvage Yard) in the C-3 (Commercial)Zone District.
LOCATION: East of and adjacent to 1-25(frontage road)and approximately 1/4 mile
north of CR 6.
James Rohn moved to approve the Consent Agenda. Stephen Mokray seconded. Motion carried.
The following cases will be Heard:
CASE NUMBER: USR-1477
APPLICANT: David & Darlene Rothrock
PLANNER: Chris Gathman
LEGAL DESCRIPTION: Lot B RE-3635, Pt NE4 of Section 4, T1N, R65W of the 6th P.M., Weld
County, Colorado.
REQUEST: A Site Specific Development and Special Review Permit for one Single
Family Dwelling Unit per lot other than those permitted under Section 23-
3-20A of the Weld County Code
LOCATION: North of and adjacent to State Hwy 52 and West of and adjacent to CR
43.
Chris Gathman, Department of Planning Services presented Case USR-1477, 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. Staff is
recommending the following changes:
1. Delete Item #2 page 4
2. Delete Development Standards#10
3. Delete Development Standards#12
4. Delete Development Standards#13
The changes reflect the changes affecting the Recorded Exemption process.
Michael Miller asked if the amendment will make this permanent as opposed to having the applicant come
back for a recorded exemption at a later time. Mr. Gathman stated that was correct.
James Rohn asked that Development Standards#14 be changed from "proposed lots"to"subject
property."
Ann best Johnson, representative for the applicant, indicated that the structure is needed for the ranch
operation.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak
James Rohn moved to delete"proposed lots"and replace it with "subject property' in Development
Standards#14. John Folsom seconded. Motion carried.
Doug Ochsner moved to accept staff changes. Stephen Mokray seconded. Motion carried.
James Rohn moved that Case USR-1477, 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-1465
APPLICANT: Donald Wroblewski
PLANNER: Jacqueline Hatch •
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3 1 nJ ?j-3t
LEGAL DESCRIPTION: Lot 17 of Vantage Acres#1; part of the SE4 of Section 17, T1 N, R65W of
the 6th P.M., Weld County, Colorado.
REQUEST: Site Specific Development Plan and Special Review Permit for a use
permitted as a Use by Special Review, (Home Business, parking of
trucks and trailers) in the A(Agricultural)Zone District.
LOCATION: West of and adjacent to Vantage Road; approximately 1/4 mile west of
CR 41; approximately 1/4 mile north of CR 8.
Jacqueline Hatch, Department of Planning Services presented Case USR-1465, 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.
Bryant Gimlin asked if Vantage Acres had a HOA and if there were covenants that would prohibit this use.
Ms. Hatch stated this is an older subdivision and there is no HOA.
John Folsom asked if hours of operation need to be considered? Ms. Hatch stated that the applicant has
not proposed any. With this being a home business for their own employment none were suggested. Mr.
Folsom asked if there were any other USR or similar activity in the area. Ms. Hatch stated that there are
no other similar USR's within Vantage Acres. Mr. Folsom asked if the trucks the applicant will be using
are used for agricultural purposes or commercial/industrial purposes. Ms. Hatch indicated the applicant
can address this.
James Rohn asked about language that is associated with a USR that requires permits not be issues until
the plat is ready to be recorded. Mr. Rohns question is why this is not included in this USR? Ms. Hatch
indicated that the language is typically associated with a new USR's that are not in operation. The
applicant is already in operation so there would be no permits needed. Mr. Rohn added that Development
Standards#28 included the language of"proposed lots"and he would like that replaced with "subject
property'. Ms. Hatch indicated staff has no concerns with this.
James Rohn asked Don Carroll about requirements road signs and dust abatement not being included
when this is a trucking operation? Mr. Carroll stated the application stated one truck, one low boy and one
flatbed which would not constitute a large increase in traffic. Mr. Rohn asked if Public Works will be
requesting dust abatement and road signs since there are additional trucks? Mr. Carroll asked if there are
signs in place now and if signs within the subdivision are not posted then those can be done. Mr. Rohn
asked about the dust abatement. Mr. Carroll indicated the applicant needs to provide clarification with
regard to the number of trucks and the vehicle trips. Ms. Hatch added that the applicants have only one
truck but there are times when relatives stay with them and they have trucks. They did not want to be
limited to their own truck. The applicants have indicated that there is just one personal truck on the
property.
Char Davis added that there is a Condition for a dust abatement plan and household standard. Ms. Davis
also recommended that"from drum washing and the washing of vehicles" be deleted from Development
Standards#12.
Joe Wroblewski &Tammy Wroblewski, applicants provided additional information regarding the
application. There is only one personal truck on site. The two additional trucks are for relatives that come
to stay on few occasions. The traffic and the noise cannot be attributed to their one truck, there are other
trucks in the area. The reasoning behind this application was for the convenience of the truck being at
home. Mr. Miller asked if the intent was to move up to three trucks. Ms. Wroblewski indicated they were
not intending to increase. There are other trucks and most of the time those trucks are empty.
The Chair asked if there was anyone in the audience who wished to speak for or against this application
David Lavanway, neighbor in Vantage Acres, indicated his concerns with the vehicles coming in and out at
all hours of the day and night. Another concern is the noise from the trucks. The subdivision seems to
have switched from agricultural to residential. There have been more than five trailers on site. Another
concern is for the safety in the area.
John Folsom asked if there were more than three tractors on site and if in a normal day the truck leaves
and comes back more than once that day. Mr. Lavanway indicated that on a general basis there are two
full trips in and out of the site on a daily basis but there has never been more than three tractors on site.
The Chair closed the public portion.
Joe Wroblewski stated there are other trucks in the area and he abides by the speed limit posted. Ms.
Wroblewski indicated that there are other trucks in the area and they are waiting to see what happens with
them before they apply. Mr. Miller added that under the terms of the agreement there will be no more than
three tractors or trailers there at any time. Ms. Wroblewski indicated she is understanding of this.
James Rohn asked Mr. Carroll about the dust abatement issue on the roads now that it is known that the
trucks are loaded some of the time. Mr. Carroll stated that any truck loaded will create more dust
depending on several different variables. Mr. Miller stated that Ms. Davis has required a dust abatement
regardless of the number of trucks.
John Folsom asked Don Carroll if the treatment of the driveway or parking was addressed in the referral.
Mr. Carroll stated that the plat drawing will be labeled and address the additional parking for trailers,
circulation, turning radius and that there will be no parking or staging on the CR(Vantage Drive). Mr.
Folsom would like to see a requirement for surface treatment on the property. Mr. Carroll stated the dust
abatement on site is Public Health and there is a requirement for dust abatement. Ms. Davis stated the
plan will address on site dust and there will be methods to keeping the dust to a minimum. The use of
water or gravel as a source to keep the dust down is an option. Mr. Folsom added that there is no specific
requirement? Ms. Davis stated that she will work with the applicant to meet this requirement.
Tonya Strobel asked the applicant where they pull over to let other cars pass by. Mr. Wroblewski
indicated that he typically backs into his drive, if there is traffic he will pull into the drive and wait for them
to pass by them back into the site.
James Rohn moved to amend Development Standards#28 to remove"proposed lots"and replace with
"subject property". Tonya Strobel seconded. Motion carried.
Bryant Gimlin moved to amend Development Standards#12 to remove"from drum washing and washing
of vehicles." Chad Auer. Motion carried.
John Folsom would like to propose an addition to prior to recording the plat(1J)that the Department of
Public Works examine the conditions in the neighborhood to determine whether there are adequate traffic
control signs. James Rohn seconded.
Don Carroll asked for clarification with regard to them being speed limit signs, stop signs or any other
signage. Mr. Miller asked if this was something that was done anyway. It seems to be unusual. Mr.
Carroll stated it could be looked at and both are regulatory signs and possible Board of County
Commissioners action would be needed.
John Folsom added that this might be more appropriate if it were done prior to the Board of County
Commissioners hearing. Mr. Folsom is proposing that the Department of Public Works conduct a study to
determine whether there are adequate traffic control signs in the neighborhood. Mr. Miller stated this was
pre-advertised so there will be a Board of County Commissioners hearing on June 23, 2004. Mr. Carroll
stated the accesses onto CR 8 and CR 41 can be evaluated. Mr. Barker indicated that this was more of a
directive to the Public Works Department and does not necessarily have to be a condition. The conditions
are more the responsibility of the applicant. Public Works will make some measure to accommodate the
directives prior to the Board of County Commissioners.
James Rohn indicated he would still like to see a condition detailing the dust abatement on the public
roads for the safety of the residents. Traditionally something is done and it is spelled out more. Mr. Rohn
asked Mr. Carroll for some language to that affect. Mr. Miller asked if the County Road section would be
included in Ms. Davis's dust abatement plan? Ms. Davis stated they are looking on the site of the USR. If
there was a complaint it could be looked at.
John Folsom withdrew his previous motion for Public Works.
Michael Miller indicated his concerns for a dust abatement plan on the road being requested from this
applicant when there will only be four trips per day. Mr. Rohn stated that in some cases that have been
heard it has been required as needed. Mr. Miller indicated that in most of the cases it was active truck
traffic associated with a business. This is more of a personal use for one truck. Mr. Miller added is seems
excessive for one person to be responsible for the dust abatement for the entire road when he is only
running one personal truck.
James Rohns moved to accept the following language"the applicant shall apply dust
suppressant/chemical magnesium chloride or calcium chloride on Vantage Drive from the entrance south
to CR 8, no less than twice a year or as needed or as directed by the Weld County Public Works
Department." There was no second.
Stephen Mokray added that there is a concern for other traffic. There is no reason to put the burden on
one truck owner. It is not fair.
Michael Miller indicated that the noise levels can be addressed in the hours of operation. Mr. Ochsner
stated that if this is one truck he will be going in and out at different times, this a very rural subdivision. If
this was a farm truck the neighbors would hear that also. It would not be fair to the applicant to put hours
on his business. Mr. Rohn stated that the noise level could only be what is accepted in a residential zone.
James Rohn moved that Case USR-1465, be forwarded to the Board of County Commissioners along
with the Amended 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.
John Folsom commented "on a personal basis I am in general opposed to commercial/industrial uses that
are not associated with agriculture in the agricultural zone. The proposed use is doubly offensive in that it
being located in a subdivision however since this case meets the requirement of the code I am voting for
it."
Bryant Gimlin commented that the applicant now has regulations that he has to abide by whereas before
there were none. This should assist the neighbors in knowing what is allowable and what is not.
Michael Miller commented that rural subdivisions with small acreage are attractive to small business
owners. It is convenient to have a property in which you can bring your truck home and not have to put
out the money to lease a commercial site. This process is the best way to deal with these so there are
regulations placed on the owners. It is an important part of the process that keeps these things in control.
CASE NUMBER: 2004-XX
APPLICANT: Weld County/Town of Hudson
PLANNER: Monica Mika
LEGAL DESCRIPTION: Various Sections, Weld County, Colorado.
REQUEST: The Intergovernmental Agreement Boundary for the Town of Hudson
Monica Mika, Department of Planning Services presented 2004-XX Hudson IGA, reading the
recommendation and comments into the record. The Department of Planning Services is recommending
approval of the application. Ms. Mika indicated that there are three ways to identify urban growth in Weld
County. The first way is through the three mile referral process, the second is from the half mile sanitary
sewer lines and the final way is through an agreement between Weld County and a municipality. The third
option will be considered today.
In August of 2003, this case was presented for public consideration, due to lack of quorum this case was
continued indefinitely, and was re-advertised for today's hearing.
The presentation will include:
1. Large map area of the original IGA Boundary Area
2. Modified map area of the revised IGA Boundary Area
3. Comparison of map area
4. Regional map
5. Municipal services map
There are three principle criteria : 22-2-100 B., and C, and E.
Criteria B. Efficient and orderly development and the conservation or agricultural land suggest that
urban type development take place in or adjacent to existing municipals or where
adequate infrastructure is currently available or reasonably obtainable. The Town of
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, May 18, 2004
A regular meeting of the Weld County Planning Commission was held in the Southwest Weld County
Conference Room,4209 CR 24'/z,Longmont,Colorado. The meeting was called to order by Chair,Michael
Miller, at 1:30p.m. Ea
c7
ROLL CALL (�1 1 `_
Michael Miller t
Bryant Gimlin r�
John Folsom
Stephan Mokray i``1
James Rohn N -e
Bruce Fitzgerald
Tonya Strobel
Chad Auer
Doug Ochsner
Also Present: Don Carroll, Char Davis, Jacqueline Hatch, Kim Ogle, Sheri Lockman, Monica Mika, Chris
Gathman
The summary of the last regular meeting of the Weld County Planning Commission held on May 4,2004,was
approved as read.
The following Case has been withdrawn:
CASE NUMBER: 2004-XX
APPLICANT: Centex Homes
PLANNER: Monica Mika
LEGAL DESCRIPTION: NE Quarter of Section 28, T3N, R68W of the 6th P.M., Weld
County, Colorado.
REQUEST: Petition for Inclusion into the Mixed Use Development Area of
Unincorporated Weld County.
LOCATION: South of and adjacent to State Hwy 66;west of and adjacent to CR
7
Monica Mika,Department of Planning Services presented a letter withdrawing the application. This letter was
received on May 6, 2004.
The following cases are continued:
— CASE NUMBER: USR-1465
APPLICANT: Donald Wroblewski
PLANNER: Jacqueline Hatch
LEGAL DESCRIPTION: Lot 17 of Vantage Acres#1; part of the SE4 of Section 17, T1 N, R65W of
the 6th P.M., Weld County, Colorado.
REQUEST: Site Specific Development Plan and Special Review Permit for a use
permitted as a Use by Special Review, (Home Business, parking of trucks
and trailers) in the A(Agricultural)Zone District.
LOCATION: West of and adjacent to Vantage Road; approximately 1/4 mile west of CR
41; approximately 1/4 mile north of CR 8.
Jacqueline Hatch, Department of Planning Services,read a letter requesting a continuance to June 15,2004.
James Rohn asked for clarification with regards to this continuance and was it not addressed at a previous
Planning Commission meeting. Ms.Hatch indicated it had been continued at a previous meeting but the legal
publication stated it would be addressed at this meeting. For legal clarification the case will need to be
continued to June 15, 2004 to allow for adequate legal notification.
The following cases will be heard:
5 - - oLf.
CASE NUMBER: USR-1465
APPLICANT: Donald Wroblewski
PLANNER: Jacqueline Hatch
LEGAL DESCRIPTION: Lot 17 of Vantage Acres#1; part of the SE4 of Section 17, Ti N, R65W of the
6th P.M., Weld County, Colorado.
REQUEST: Site Specific Development Plan and Special Review Permit for a use
permitted as a Use by Special Review, (Home Business, parking of trucks
and trailers) in the A(Agricultural)Zone District.
LOCATION: West of and adjacent to Vantage Road; approximately 1/4 mile west of CR
41; approximately 1/4 mile north of CR 8.
Chris Gathman, Department of Planning Services, read a letter of continuance to May 18, 2004. This will allow
for appropriate notification.
Bryant Gimlin asked if the May 18 meeting was overloaded and Planning Commission was intending to start
at 10:00am in order to finish. Mr. Gathman stated it was a busy hearing, the issue is this case was originally
scheduled for the April 20 hearing. The newspaper notification was not posted in sufficient time.
James Rohn moved to continue the case to June 15, 2004.
Michael Miller asked Mr. Gathman if this was a possibility. Mr. Gathman indicated that the applicant would
need to be agreeable to moving it out two months. Ms. Hatch would need to be made aware of this. Mr. Miller
asked Mr.•Morrison if it was within Planning Commission ability to move a case this far in advance. Mr.
Gathman indicated that it could be continued again at the May 18 hearing. Mr. Folsom asked what basis it
could be continued at that time. Mr. Gathman indicated possible case overload, but typically continued cases
go at the beginning of the hearing.
Michael Miller indicated he is in favor of moving the case into June but wants to make sure it is within the legal
time frame for hearing a case. Mr. Morrison stated there is no requirement for time frames like other land uses.
James Rohn restated his motion to move the case to June 15, 2004. Bryant Gimlin seconded.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. John
Folsom, no; Stephan Mokray, yes; Michael Miller, yes; Bryant Gimlin, yes; Tonya Strobel, yes; James Rohn,
yes; Chad Auer, no; Doug Ochsner, yes; Bruce Fitzgerald, yes. Motion carried.
Dough Ochsner commented that he would like to hear the case since the applicant has been put off due to an
error. If it needs to be continued he would rather continue another case.
John Folsom indicated this case would be processed pretty promptly.
CASE NUMBER: 2004-XX
APPLICANT: Resource Colorado Water& Sanitation Metropolitan District
PLANNER: Kim Ogle
LEGAL DESCRIPTION: Lot C of RE-2066; being part of theNW4 of Section 34, Ti N, R63W of the 6th
P.M., Weld County, Colorado.
REQUEST: Service Plan for Resource Colorado Water&Sanitation Metropolitan District.
LOCATION: South of and adjacent to CR 4; east of and adjacent to CR 67.
Kim Ogle, Department of Planning Services, read a letter requesting a continuance to June 1, 2004. This will
�.. enable the applicant to address concerns placed on the by Don Warden, Chief Financial Official Officer.
The following is on the Consent agenda:
CASE NUMBER: USR-1471
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