HomeMy WebLinkAbout20042011.tiff 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 passage by the Weld County Planning
Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER: USR-1466
APPLICANT: Francisco& Lorraine Valencia
PLANNER: Michelle Katyryniuk
LEGAL DESCRIPTION: Lot 11 of Black Hollow Acres, First Filing; being part of the E2 of Section 33,
T8N, R67W of the 6th P.M., Weld County, Colorado.
REQUEST: Site Specific Development Plan and Special Review Permit for a Home
Business (construction business) in the A(Agricultural)Zone District.
LOCATION: North of and adjacent to CR 86; approximately 740 feet west of CR 19.
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 22-2-60 (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 vicinity.
B. Section 23-2-220./21/4.2 --The proposed use is consistent with the intent of the A(Agricultural)
Zone District. Currently the property is in violation (VI-0300324) for operating a commercial
business without a Use by Special Review(USR). Upon completion of the USR, the violation
will be closed. Section 23-3-40.O of the Weld County Code provides for a site specific
development plan and special review permit for a home business, (a construction business)
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 surrounding properties to the north, east and west are primarily
residential. The property to the south is agricultural. The development standards and
conditions of approval will ensure compatibility with adjacent 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 of the Town of Severance and
Larimer County. The Town of Severance and Larimer County both reviewed the request and
found no conflicts with their interests.
E. Section 23-2-220.A.5 — The site does not lie within any Overlay Districts. Building Permits
issued on the Lot will be required to adhere to the fee structure of County Wide 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 lot has unclassifed soils
according to the 1979 USDA Soil Conservation Services map. The lot is also too small (29.3
acres) to be a viable farming operation in accordance with Section 22-2-60.I of the Wel
County Code.
2004-2011x ..
Resolution USR-1466
Frank Valencia
Page 2
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 Planning Commission recommendation for approval is conditional upon the following:
1. Prior to recording the plat:
A. All pages of the plat shall be labeled USR-1466. (Department of Planning Services)
B. The plat shall be amended to delineate the following:
1) The attached Development Standards. (Department of Planning Services)
2) The approved Landscape/Screening Plan. (Department of Planning Services)
3) County Road 86 is designated on the Weld County Roadway Classification Plan,as
a local gravel road, which requires 60 feet of right-of-way at full build out. There is
presently 60 feet of right-of-way.A total of 30 feet from the centerline of County Road
86 shall be delineated right-of-way on the plat. This road is maintained by Weld
County. (Department of Public Works)
4) The plat shall be in prepared accordance with Section 23-2-260.D of the Weld
County Code. (Department of Planning Services)
C. The applicant shall submit a Landscape/Screening Plan for review and approval. The plan
shall address the following:
1) Section 23-3-350.H of the Weld County Code addresses the issue of trash collection
areas. Areas used for storage or trash collection shall be screened from adjacent
public rights-of-way and adjacent properties. These areas shall be designed and
used in a manner that will prevent wind or animal scattered trash.
2) Section 23-3-360.F of the Weld County Code addresses the issue of on-site lighting,
including security lighting if applicable. States "any lighting ... shall be designed,
located and operated in such a manner as to meet the following standards:sources
of light shall be shielded so that beams or rays of light will not shine directly onto
adjacent properties...."
3) Given the lack of water for irrigation on this property the Department of Planning
Services is requesting the applicant provide a ground cover to limit the erosionary
processes (wind,water and snow pack melt). (Department of Planning Services)
D. The application materials state there will be no outside storage once the facility is operational.
The applicant shall submit documentation as to how the outside storage will be screened
during the construction period. (Department of Planning Services)
E. The applicant shall enter into an Improvements Agreement according to policy regarding
collateral for improvements and post adequate collateral for all required improvements. 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. The improvements
agreement will not be needed if the necessary improvements are done to the satisfaction of
the Department of Public Works and the Department of Planning Services. (Department of
Planning Services)
Resolution USR-1466
Frank Valencia
Page 3
F. The applicant shall contact the Weld County Department of Public Works to see if the
proposed drainage is adequate. Evidence of Weld County Department of Public Works
approval shall be submitted to the Department of Planning Services. (Department of
Planning Services)
G. 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 written evidence from
WQCD that they are not subject to these requirements. Evidence of such shall be submitted
to the Department of Public Health and Environment. Written evidence from the Department
of Public Health and Environment indicating the applicant has addressed their concerns shall
be submitted the Department of Planning Services. (Department of Public Health and
Environment)
H. Should a floor drain be constructed in the proposed future building the applicant shall submit
evidence of an Underground Injection Control (UIC) Class V Injection Well permit from the
Environmental Protection Agency (EPA). Alternately, the applicant can provide written
evidence that they are not subject to the EPA Class V requirements. Evidence of such shall
be submitted to the Department of Public Health and Environment. Written evidence from
the Department of Public Health and Environment indicating the applicant has addressed
their concerns shall be submitted the Department of Planning Services. (Department of
Public Health and Environment)
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 issuance of the Certificate of Occupancy:
A. An individual sewage disposal system is required for the proposed future building and shall
be installed according to the Weld County Individual Sewage Disposal Regulations.
(Department of Public Health and Environment)
B. The septic system(s) is required to be designed by a Colorado Registered Professional
Engineer according to the Weld County Individual Sewage Disposal Regulations.
(Department of Public Health and Environment)
C. The building permit BCN-030043 is required to meet all the conditions of the permit and have
a final inspection by Weld County Department of Building Inspection. (Department of
Building Inspection)
3. Upon completion of 1.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
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 mapsCD_co.weld.co.us. (Department of Planning Services)
5. 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
Francisco and Lorraine Valencia
USR-1466
1. A Site Specific Development Plan and Special Review Permit for a home business, (a construction
business) in the A(Agricultural) Zone District. (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. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
(Department of Public Health and Environment)
8. Any vehicle washing area(s)shall capture all effluent and prevent discharges from drum washing and
the washing of vehicles in accordance with the Rules and Regulations of the Water Quality Control
Commission, and the Environmental Protection Agency. (Department of Public Health and
Environment)
9. Fugitive dust and fugitive particulate emissions shall be controlled on this site. (Department of Public
Health and Environment)
10. 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)
11. Adequate handwashing and toilet facilities shall be provided. (Department of Public Health and
Environment)
12. 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)
13. 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)
14. 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)
15. 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 plan are required
when applying for each permit. (Department of Building Inspection)
Resolution USR-1466
Frank Valencia
Page 2
16. 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; 2002 National
Electrical Code and Chapter 29 of the Weld County Code. (Department of Building Inspection)
17. Except for pole type structures,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)
18. 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. When measuring
buildings to determine offset and setback requirements buildings are measured to the farthest
projection from the building. (Department of Building Inspection)
19. Building height,setbacks and offset distance shall be determined by the Zoning Ordinace. Separation
of buildings of mixed occupancy classifications shall be accordance with Section R309.2 of the
International Residential Code. (Department of Building Inspection)
20. The historical flow patterns and run-off amounts will be maintained on site in such a manner that will
reasonably preserve the natural character of the area and not 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)
21. The off-street parking spaces including the access drive shall be surfaced with gravel or the
equivalent and shall be graded to prevent drainage problems. (Department of Public Works)
22. All equipment and vehicles related to the construction business shall be stored inside the shop or
proposed building when on the property in question. (Department of Planning Services)
23. All routine maintenance, repairs and/or oil changes shall be conducted inside the shop or proposed
building. (Department of Planning Services)
24. There shall be no staging of vehicles within the public right-of-way. (Department of Planning
Services)
25. Effective January 1,2003, Building Permits issued on the subject property will be required to adhere
to the fee structure of the County Road Impact Program. (Ordinance 2002-11) (Department of
Planning Services)
26. To ensure compatibility no signs shall be permitted on the site pertaining to the home business.
(Department of Planning Services)
27. The landscaping on site shall be maintained in accordance with the approved Landscape/Screening
Plan. (Department of Planning Services)
28. As indicated by the application material the hours of operation will be limited to 7:00 am - 8:00 pm
daily. Hours of operation may be extended with specific permission from the Weld County Board of
County Commissioners. This restriction shall not apply to operation of administrative and executive
offices or repair and maintenance facilities located on the property.(Department of Planning Services)
29. As indicated by the application, the number of on site employees for the home business shall be
limited to two (2) not including the owners. (Department of Planning Services)
Resolution USR-1466
Frank Valencia
Page 3
30. The construction business as stated in the application shall comply with the definition of a home
business per Section 23-1-90 of the Weld County Code.
31. Should noxious weeds exist on the property or become established as a result of the proposed
development the applicant/landowner shall be responsible for controlling the noxious weeds,pursuant
to Chapter 15, Articles I and II of the Weld County Code. (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. 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.
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 Tonya Strobel
VOTE:
For Passage Against Passage Absent
Michael Miller
John Folsom
Bryant Gimlin
Stephen Mokray
Bruce Fitzgerald
James Rohn
Tonya Stobel
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 July 6, 2004.
D ted the 6th of July, 2004.
Voneen Macklin
Secretary
1 ,li
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CASE NUMBER: USR-1466
_
APPLICANT: Francisco & Lorraine Valencia
PLANNER: Michelle Katyryniuk
LEGAL DESCRIPTION: Lot 11 of Black Hollow Acres, First Filing; being part of the E2 of Section
33, T8N, R67W of the 6th P.M., Weld County, Colorado.
REQUEST: Site Specific Development Plan and Special Review Permit for a Home
Business (construction business) in the A (Agricultural)Zone District.
LOCATION: North of and adjacent to CR 86; approximately 740 feet west of CR 19.
Sheri Lockman, Department of Planning Services presented Case USR-1466, reading the recommendation
and comments into the record. The Department of Planning Services is recommending approval of the
application along with the Conditions of Approval and Development Standards.
John Folsom asked why this application is different than the previously heard USR-1478 that was placed on
the consent agenda? Ms. Lockman indicated the violation on the USR-1478 was brought forward by a
surrounding property owner, this case was brought forward by inner County staff.
Michael Miller asked if the applicant had applied for a building permit and inspectors found a business on
site. Ms. Lockman indicated that was the information she had been given.
Ann Best Johnson, representative for the applicant provided additional information on the case. The book
keeping and storage of forms are on site. The workers do not meet on the site, but at the construction
sites. The storage of the materials will be in the barn. The forms and blankets are presently on site and
the main reason for applying for the USR is to be able to move those items to the barn. It is very costly to
replace those items. This is a family operated business and the barn is awaiting a Certificate of
Occupancy.
Stephen Mokray asked how long the site has been in violation? Ms. Johnson indicated the letter was
received in January of this year.
Lorraine Valencia, applicant, did not have anything further to add to the presentation.
James Rohn asked Ms. Valencia how long they had been in business and how long operating from this
site? Ms. Valencia indicated it has been four years and they have been operating from the site for those
four years. Mr. Rohn asked if they were not aware of the process for this type of operation. Ms. Valencia
indicated that she was not aware of the process and the intent was for the barn to store things in.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
Pam Smith, Health Department, asked for clarification with regards to a business on site and using the
existing septic on site for the employees on site? The number of employees and activities needed to be
clarified for the engineer to evaluate the system. The evaluation had to be re-addressed. There was a
meeting in which employees, trucks and equipment being parked on site in the pole barn was discussed.
There was also indication of employees coming every morning to the site and picking up the trucks, went to
work and brought the trucks back at the end of the day. The septic system was fine even with employees
since there were only Ms. Valencia who does the book keeping. There was no mention of restroom,
parking of trucks or employees. Ms. Smith needs some clarification regarding this.
Ann Best Johnson stated that the application materials state there may be two employees that come to the
site, one maybe a part time temporary book keeper. Mr. Valencia does not have the employees meet on
__ site and drive to the actual work site. It is more cost effective to have the employees meet on site adverse
to drive to home and then drive to site. There may be an occasion where an employee might have to pick
II uteri
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up materials from the barn. Ms. Johnson indicated that trucks will be parked inside. Mr. Miller asked about
the trucks parked in side with forms on site, someone is loading and unloading these forms. There will be
employees coming to the site. Ms. Johnson stated there will be two employees at the most.
Michael Miller asked Ms. Smith about the need for restrooms in the shop for the employees. Ms. Smith
stated she has a letter from the engineer that indicates the system is adequate for three employees. Ms.
Johnson stated the letter from the engineer was dated October 13, 2003. The application was submitted in
February so there were some minor changes from that point.
James Rohn moved to change Development Standards#9 language from proposed lots to subject property.
Tonya Strobel seconded. Motion carried
Chad Auer asked if there is not some reason that this could be amended in the text of the comments
adverse to making the same motion on every case. Ms. Lockman stated that the text will be noticed and
changed in future applications. Mr. Rohn stated his reasoning is this is not a PUD and there is only one
subject property there is no creation of lots. Mr. Rohn does not want a lawyer to be able to use the
language as a technicality.
Char Davis indicated the restroom had been worked out with the engineered design. The septic can
accommodate the restrooms in the shop. The commercial exempt well has also been addressed.
John Folsom asked if there will be a restroom in shop? Mr. Folsom indicated his concern was with the
number of people coming and going from the site. Ms. Davis added that it has been addressed.
Stephen Mokray moved that Case USR-1466, be forwarded to the Board of County Commissioners along
with the Conditions of Approval and Development Standards with the Planning Commissions
recommendation of approval. Tonya Strobel 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; Chad Auer, yes. Motion carried unanimously.
The following items will be heard:
CASE NUMBER: PZ-604
APPLICANT: Darrel Adolf
PLANNER: Sheri Lockman
LEGAL DESCRIPTION: Lot C of RE-2940; being part of the NE4 of Section 29, T9N, R67W of the
6th P.M., Weld County, Colorado.
REQUEST: Change of Zone from A(Agricultural)to PUD for six (6) residential lots and
one (1)Agricultural outlot.
LOCATION: South of and adjacent to CR 102; west of and adjacent to CR 17.
Sheri Lockman, Department of Planning Services presented Case PZ-604, 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. The wells were reviewed as
cluster wells and therefor Cluster PUD Conditions have been added.
Stephen Mokray asked Ms. Lockman about the approved three well sites for the six lots and are there
some existing wells. Ms. Lockman stated there are three existing wells, the original proposal was to share
them between the lots but the State reviewed them as a cluster therefor there will be individual well on each
lots. Mr. Mokray asked about augmentation. Ms. Lockman indicated this will not need to be done since
there will be individual wells.
James Rohn asked if this application was subject to Ordinance 2002-11. Ms. Lockman stated it was and a
note can be added. Ordinance 2002-11-deals with the fee structure for road impact.
a �
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, 2004
A regular meeting of the Weld County Planning Commission was held Tuesday 2004, in the Weld County
Public Health/Planning Building,(Room 210), 1555 N. 17th Avenue,Greeley,Colorado. The meeting was called
to order by Chair, Michael Miller, at 1:30 p.m.
ROLL CALL
Michael Miller
Bryant Gimlin Absent
John Folsom
Stephan Mokray
James Rohn
Bruce Fitzgerald Absent
Tonya Strobel
Chad Auer
Doug Ochsner
Also Present: Don Carroll, Char Davis, Michelle Katyryniuk, Pam Smith, Kim Ogle, Sheri Lockman, Peter
Schei, Nathanael Bokelman
CASE NUMBER: MZ-544
APPLICANT: Maurice Boney& Boney Macgillivray LLC
PLANNER: Michelle Katytyniuk
LEGAL DESCRIPTION: Pt of the N2 Section 29,T4N, R66W of the 6th P.M.,Weld County, Colorado.
REQUEST: A Minor Subdivision Change of Zone from the A (Agriculture) to E (Estate)
Zone for 9 (nine) residential lots.
LOCATION: South of and adjacent to CR 42 and 1/4 mile west of CR 29.
Michelle Katyryniuk, Department of Planning Services, read a letter requesting a continuance to August 3,
2004.
CASE NUMBER: USR-1466
APPLICANT: Francisco& Lorraine Valencia
PLANNER: Michelle Katyryniuk
LEGAL DESCRIPTION: Lot 11 of Black Hollow Acres, First Filing; being part of the E2 of Section 33,
TBN, R67W 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 Right, an Accessory Use, or a Use by Special Review
in the Commercial or Industrial Zone Districts ( a construction business) in
the A(Agricultural)Zone District.
LOCATION: North of and adjacent to CR 86; approximately 740 feet west of CR 19
Michelle Katyryniuk, Department of Planning Services, read a letter requesting a continuance to July 6, 2004.
CASE NUMBER: PZ-604
APPLICANT: Darrel Adolf
PLANNER: Sheri Lockman
LEGAL DESCRIPTION: Lot C of RE-2940; being part of the NE4 of Section 29,T9N, R67W of the 6th
P.M., Weld County, Colorado.
REQUEST: Change of Zone from A (Agricultural)to PUD for five (5) residential lots and
one (1)Agricultural outlot.
LOCATION: South of and adjacent to CR 102; west of and adjacent to CR 17.
5 -L/ atip4
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, May 4, 2004
A regular meeting of the Weld County Planning Commission was held Tuesday 2004, in the Weld County
Public Health/Planning Building,(Room 210), 1555 N. 17th Avenue,Greeley,Colorado. The meeting was called
to order by Chair, Michael Miller, at 1:30 p.m.
ROLL CALL
Michael Miller
Bryant Gimlin
John Folsom
Stephan Mokray
James Rohn
Bruce Fitzgerald
Chad Auer
Doug Ochsner
Tonya Strobel
Also Present: Michelle Katyryniuk, Kim Ogle, Don Carroll, Peter Schei, Wendi Inloes, Chris Gathman, Char
Davis, Pam Smith
The summary of the last regular meeting of the Weld County Planning Commission held on April 6, 2004, was
approved as read.
i^ The following cases are Continued:
CASE NUMBER: USR-1466
APPLICANT: Francisco& Lorraine Valencia
PLANNER: Michelle Katyryniuk
LEGAL DESCRIPTION: Lot 11 of Black Hollow Acres, First Filing; being part of the E2 of Section 33,
TON, R67W 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 Right,an Accessory Use, or a Use by Special Review
in the Commercial or Industrial Zone Districts ( a construction business) in
the A(Agricultural)Zone District.
LOCATION: North of and adjacent to CR 86; approximately 740 feet west of CR 19.
Michelle Katyryniuk, Department of Planning Services, read a letter requesting a continuance to June 1, 2004.
The continuance will address issues in staff comments.
CASE NUMBER: USR-1455
APPLICANT: Mineral Reserves Inc./Lafarge West
PLANNER: Jacqueline Hatch
LEGAL DESCRIPTION: Lot B of RE-3714; part of the NE4 of Section 16,T2N, R68W of the 6th P.M.,
Weld County, Colorado.
REQUEST: Site Specific Development Plan and Special Review Permit for mining in the
A(Agricultural)Zone District.
LOCATION: North of and adjacent to CR 20 '/ ; approximately 1/4 mile west of CR 7.
Chris Gathman, Department of Planning Services, read a letter requesting a continued indefinitely. This will
allow the applicant to finalize the ditch design.
CASE NUMBER: USR-1465
APPLICANT: Donald Wroblewski
John Folsom asked Mr. Carroll about the access requirement and if he wanted limitations on the accesses.
There is also a condition addressing those concerns and is the language comfortable to him. Mr. Carroll
stated there are multiple accesses and the intent was to utilize the main access point. The language in the
condition is appropriate.
John Folsom asked Ms.Katyryniuk about the condition concerning Sheriff Department when there are none.
Ms. Katyryniuk stated that the Sheriffs office did not have any concerns and therefore condition 2J could be
stricken.
John Folsom moved to delete 2J. Bruce Fitzgerald seconded. Motion carried.
Stephen Mokray moved that Case USR-1454,be forwarded to the Board of County Commissioners along with
the Conditions of Approval and Development Standards with the Planning Commissions recommendation of
approval. Doug Ochsner seconded the motion.
fThe Chairs;asked
the Mokray,
secretary to Michael Miller,the members o es;eBryant IGiml n, yes; Doug for
Ochsner, yes; Bruce
Folsom, yes; Stephan Mokray, yes; Y
Fitzgerald,yes. Motion carried unanimously.
Revised submittal dates for the 2004 Planning year
Kim Ogle, Department of Planning Services,presented a request by the Department of Planning Services to
modify the submittal dates to allow for the 28 day referral process that was approved in Weld County Code
updates. This will be an addition of seven days.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
Stephen Mokray moved to approve the revised submittal dates. Bryant Gimlin seconded. Motion carried.
CASE NUMBER: USR-1466
APPLICANT: Francisco&Lorraine Valencia
PLANNER: Michelle Katyryniuk
LEGAL DESCRIPTION: Lot 11 of Black Hollow Acres, First Filing;being part of the E2 of Section 33,
T8N, R67W 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 Right,an Accessory Use,or a Use by Special Review
in the Commercial or Industrial Zone Districts(a construction business) in
the A(Agricultural)Zone District.
LOCATION: North of and adjacent to CR 86; approximately 740 feet west of CR 19.
Michelle Katyryniuk, Department of Planning Services,read a letter requesting a continuance to May 4,2004
to address concerns from staff.
Todd Hodges, representative, requesting continuance to address concerns from staff.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
John Folsom moved to continue to May 4, 2004. Stephen Mokray seconded. Motion carried.
CASE NUMBER: USR-1467
APPLICANT: Prima Oil and Gas
PLANNER: Sheri Lockman
LEGAL DESCRIPTION: Part of Section 34,T6N,R67 W of the 6th P.M.,Weld County, Colorado.
REQUEST: A Site Specific Development Plan and Special Review Permit for an oil and
gas production facility (nine oil and gas wells) in the I-1 (Industrial) Zone
District.
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