HomeMy WebLinkAbout20202803.tiff EXHIBIT
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BEFORE THE WELD COUNTY , COLORADO , PLANNING COMMISSION 145
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i0, 15
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Gene Stille , 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 : USR20-0015
APPLICANT : JOHN AND SHARON BAPTIST
PLANNER : MAXWELL NADER
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A HOME BUSINESS (VEHICLE RESTORATION AND REPAIR ) IN
THE A (AGRICULTURAL ) ZONE DISTRICT .
LEGAL DESCRIPTION : LOT A REC EXEMPT RE -2972 , PART E2SE4 SECTION 23 . T6N , R67W OF THE
6TH P . M . , WELD COUNTY . COLORADO .
LOCATION : EAST OF AND ADJACENT TO CR 23 ; APPROXIMATELY 0 . 50 MILES SOUTH OF
STATE HIGHWAY 392 .
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 22-2-20. F. 2 - A . Policy 6. 2. States, "Support opportunities, such as but not limited to
hobby farming and home businesses, to supplement family income and reduce living
expenses for farm families and others who prefer a rural lifestyle. "
Section 22-2-20. G. - A . Policy 7. 2. Conversion of agricultural land to nonurban residential,
commercial and industrial uses should be accommodated when the subject site is in an area
that can support such development, and should attempt to be compatible with the region.
The business is compatible because the use will primarily be within one of the existing
accessory structures . The application materials state that this restoration business will be
minimal in size which is about five ( 5) restorations a year . In addition to that there is not any
proposed new structures on site .
The property is currently serviced by North Weld County Water District through account #
299 003 . The current shop is being served by an existing on-site wastewater treatment
system (G19919173) . Per the Weld County Environmental Health Department referral dated
July 29 , 2020 any additional hydraulic load to the existing on-site wastewater treatment
system serving the shop will require an Evaluation from a Colorado Registered Professional
Engineer. The engineer' s evaluation shall be submitted to the Weld County Environmental
Health Department . In the event the system is found to be inadequate , the system must be
brought into compliance with current Weld County On- site Wastewater Treatment System
Regulations .
Section 22-2-20. G. - A . Policy 7. 3. Conversion of agricultural land to urban residential,
commercial and industrial uses should be considered when the subject site is located inside
an Intergovernmental Agreement area, Urban Growth Boundary area, Regional Urbanization
Area or Urban Development Nodes, or where adequate services are currently available or
reasonably obtainable. A municipality's adopted comprehensive plan should be considered.
but should not determine the appropriateness of such conversion.
The site is located within located within Windsor and Severance' s Coordinated Planning
Agreement ( CPA) . The City of Windsor' s Land Use Plan which is located in the
Comprehensive Plan indicates this area within their Growth Management Area and as
potential Light Industrial , which aligns with this proposal .
RESOLUTION USR20-0015
JOHN AND SHARON BAPTIST
PAGE 2 Y
B Section 23-2-220 A 2--The proposed use is consistent with the intent of the A(Agricultural)
Zone District
Section 23-3-10 --Intent,of the Weld County Code states,"The A(Agricultural)Zone District
is also intended to provide areas for the conduct of Uses by Special Review which have
been determined to be more intense or to have a potentially greater impact than Uses
Allowed by Right"This code section allows the applicant to apply for a USR(Use by Special
Review) Permit
Section 23-3-40 P--Uses by special review, of the Weld County Code allows for a"home
business"in the(A)Agricultural Zone District This code section allows the applicant to apply
for the home business
C Section 23-2-220 A 3--The uses which will be permitted will be compatible with the existing
surrounding land uses
The subject property currently has a Use by Special Review Permit for an agncultural service
establishment to include farm equipment sales,repair and an implement air cooler assembly
facility(USR-942) This USR will be fully vacated prior to recording of the new USR There is
a residence on the property to the north of the subject parcel No comments have been
received by these individuals There are several Use by Special Review permits within one
(1)mile of the subject property Including one(1)kennel,one(1)RV&Boat Storage,one(1)
12-inch High Pressure Pipeline,one(1)230 KV Transmission Line,one(1)concrete cutting
business, and four(4) Oil and Gas Production Facilities
In addition to the USRs surrounding the subject property and as stated previously,the Town
of Windsor municipal limits are approximately 500 feet south of the subject property and are
called out as Light Industrial property per the Town of Windsor's Land Use Map
The Weld County Department of Planning Services sent notice to six (6) surrounding
property owners within five-hundred (500) feet No correspondences were received back
from surrounding property owners regarding the proposed application There were no emails
or phone calls received regarding the proposed application
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 site is located within located within Windsor and Severance's Coordinated Planning
Agreement(CPA) Severance indicated on their signed Notice of Inquiry form dated April 30,
2020 and that they are not interested in annexation and had no further comments
Severance additionally had no comments on their referral dated July 15,2020 The town of
Windsor did not respond to the Notice of Inquiry form but did respond to the referral and had
no comments from their referral dated July 21, 2020
The site is also located within the three(3)mile referral area of Greeley The City of Greeley
in their referral comments, dated July 16, 2020 had general advisory comments regarding
their Long Range Expected Growth Area and utility service area
E Section 23-2-220 A 5--The application complies with Chapter 23,Articles V and XI, of the
Weld County Code
The property is not within the Geologic Hazard Overlay District,Airport Overlay District or the
Municipal Separate Storm Sewer System (MS4) area
RESOLUTION USR20-0015
JOHN AND,SHARON BAPTIST
PAGE 3
The property is located in a Special Flood Hazard Area The Department of Planning
Services — Floodplain per their referral dated July 20, 2020, is requiring to show the
floodplain boundaries on the map and if any construction in the floodplain occurs a floodplain
permit will be required In addition to the requirements they have provided comments to be
incorporated as Development Standards
Building Permits issued on the lot will be required to adhere to the fee structure of the
County-Wide Road Impact Fee, County Facility Fee and Drainage Impact Fee Programs
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 soil designation for the site is"Prime(Irrigated)"per the 1979 Soil Conservation Service
Important Farmlands of Weld County Map Although with this designation the site is not
being used for agricultural production and the small lot size is not suitable for farming and
therefore will not being taking any agricultural land out of production
G Section 23-2-220 A 7—There is adequate provisions for the protection of the health,safety,
and welfare of the inhabitants of the neighborhood and County
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
can 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's recommendation for approval is conditional upon the following
1 Prior to recording the map
A There is a Use by Special Review Permit USR-942, Reception#2251058,for an agricultural
service establishment to include farm equipment sales, repair and an implement air cooler
assembly facility in the A(Agricultural)Zone District This USR encompasses the entire subject
property The applicant shall address the continued operation of USR-942 and shall have a
complete vacation completed prior to recording the Use by Special Review map
B The applicant shall address the requirements of the Weld County Department of Building
Inspection, as stated in the referral response dated August 17,2020 Evidence of such shall
be submitted,in writing,to the Weld County Department of Planning Services (Department of
Building Inspection)
C The applicant shall attempt to address the requirements of the Windsor Severance Fire
Protection District,as stated in the referral response dated July 21,2020 Written evidence of
such shall be submitted to the Weld County Department of Planning Services (Department of
Planning Services)
D The applicant shall attempt to address the requirements of the North Weld County Water
District,as stated in the referral response dated July 21,2020 Written evidence of such shall
be submitted to the Weld County Department of Planning Services (Department of Planning
Services)
E The applicant shall provide photographic evidence to the Department of Planning Services that
all noncommercial junkyard items located on the property are screened from all adjacent
properties and public rights-of-way or have been removed from the property (Department of
Planning Services)
RESOLUTION USR20-0015
JOHN AND SHARON BAPTIST
PAGE 4
F A Road Maintenance Agreement is required at this location Road maintenance includes,but is
not limited to, dust control and damage repair to specified haul routes (Department of Public
Works)
G The applicant shall submit a recorded copy of any agreement signed by all of the owners of the
property crossed by the access The access shall be for ingress,egress, utilities and shall be
referenced on the USR map by the Weld County Clerk and Recorder's Reception number
(Department of Public Works)
H The map shall be amended to delineate the following
1 All sheets of the map shall be labeled USR20-0015(Department of Planning Services)
2 The attached Development Standards (Department of Planning Services)
3 The map shall be prepared in accordance with Section 23-2-260 D of the Weld County
Code (Department of Planning Services)
4 The applicant shall delineate on the map the trash collection areas Section 23-3-350 H
of the Weld County Code addresses the issue of trash collection areas (Department of
Planning Services)
5 The map shall delineate the landscaping and/or screening (Department of Planning
Services)
6 The map shall delineate the lighting, if applicable (Department of Planning Services)
7 All signs shall be shown on the map and shall adhere to Chapter 23,Article IV, Division
2 and Appendices 23-C, 23-D and 23-E of the Weld County Code (Department of
Planning Services)
8 The map shall delineate the parking area for the vendors,customers and/or employees
(Department of Planning Services)
9 County Road 23 is a paved road and is designated on the Weld County Functional
Classification Map as a collector road which requires 80 feet of right-of-way at full
buildout The applicant shall delineate and label on the site map or plat the future and
existing right-of-way(along with the documents creating the existing right-of-way) and
the physical location of the road All setbacks shall be measured from the edge of right-
of-way This road is maintained by Weld County (Department of Public Works)
10 Show and label the approved access locations, approved access width and the
appropriate turning radii (60') on the site plan The applicant must obtain an access
permit in the approved location prior to operation (Department of Public Works)
11 Show and label the entrance gate if applicable An access approach that is gated shall
be designed so that the longest vehicle (including trailers) using the access can
completely clear the traveled way when the gate is closed In no event, shall the
distance from the gate to the edge of the traveled surface be less than 35 feet
(Department of Public Works)
12 Show and label the 30-foot minimum access and utility easement to provide legal access
to the parcel on the site plan (Department of Public Works)
13 Show and label the drainage flow arrows (Department of Public Works)
RESOLUTION USR20-0015
JOHN AND SHARON BAPTIST
PAGE 5
14 . Show and label the parking and traffic circulation flow arrows showing how the traffic
moves around the property . ( Department of Public Works)
15 . Show the floodplain and floodway ( if applicable) boundaries on the map . Label the
floodplain boundaries with the FEMA Flood Zone and FEMA Map Panel Number or
appropriate study . ( Department of Planning Services - Floodplain )
2 . Upon completion of Condition of Approval # 1 above , the applicant shall submit one ( 1 ) electronic
copy ( . pdf) of the map for preliminary approval to the Weld County Department of Planning Services .
Upon approval of the map the applicant shall submit a Mylar map along with all other documentation
required as Conditions of Approval . The Mylar map shall be recorded in the office of the Weld County
Clerk and Recorder by the Department of Planning Services . The map shall be prepared in
accordance with the requirements of Section 23-2-260 . D of the Weld County Code . The Mylar map
and additional requirements shall be submitted within one hundred twenty ( 120) 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)
3 . In accordance with Weld County Code Ordinance #2012- 3 , approved April 30 , 2012 , should the plat
not be recorded within the required one hundred twenty ( 120) days from the date of the Board of
County Commissioners Resolution , a $ 50 . 00 recording continuance charge shall added for each
additional three (3) month period . ( Department of Planning Services )
4 . Prior to Construction :
A. Any construction in the floodplain requires a floodplain permit . ( Department of Planning Services
- Floodplain)
B . If more than 1 acre is to be disturbed , a Weld County grading permit will be required prior to the
start of construction . ( Department of Public Works)
5 . Prior to Operation :
required prior to operation . (Department of Public Works)
6 . The Use by Special Review Permit is not perfected until the Conditions of Approval are completed
and the map is recorded . Activity shall not occur, nor shall any building or electrical permits be issued
on the property , until the Use by Special Review plat is ready to be recorded in the office of the Weld
County Clerk and Recorder or the applicant has been approved for an early release agreement
( Department of Planning Services)
Motion seconded by Lonnie Ford .
VOTE :
For Passage Against Passage Absent
Tom Cope
Gene Stille
Lonnie Ford
Elijah Hatch
Skip Holland
Dwaine Barclay
Sam Gluck
Butch White
Troy Mellon
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
RESOLUTION USR20-0015
JOHN AND SHARON BAPTIST
PAGE 6
case to the Board of County Commissioners for further proceedings
CERTIFICATION OF COPY
I, Michelle Wall, 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 September 1, 2020
Dated the 1st of t7Cp September, 2020
Wei-t-
Michelle Wall
Secretary
RESOLUTION USR20-0015
JOHN AND SHARON BAPTIST
PAGE 7
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
John Michael &Sharon J Baptist
USR20-0015
1 A Site Specific Development Plan and Use by Special Review Permit,USR20-0015,fora Home Business
(vehicle restoration and repair)in the A(Agricultural)Zone District,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 The hours of operation are 9 00 a m —4 00 p m Monday—Friday (Department of Planning Services)
4 The number of on-site employees shall be three(3) (Department of Planning Services)
5 The parking area on the site shall be maintained (Department of Planning Services)
6 The screening on the site shall be maintained (Department of Planning Services)
7 All automobile repair and modification work shall occur indoors (Department of Planning Services)
8 All signs shall adhere to Chapter 23, Article IV, Division 2 and Appendices 23-C, 23-D and 23-E of the
Weld County Code (Department of Planning Services)
9 Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties where
such would cause a nuisance or interfere with the use on the adjacent properties in accordance with the
plan Neither the direct,nor reflected,light from any light source may create a traffic hazard to operators
of motor vehicles on public or private streets No colored lights may be used which may be confused
with, or construed as,traffic control devices (Department of Planning Services)
10 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)
11 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 (Department of Public Health and Environment)
12 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 The applicant shall operate
in accordance with Chapter 14, Article 1 of the Weld County Code (Department of Public Health and
Environment)
13 Fugitive dust should attempt to be confined on the property Uses on the property should comply with the
Colorado Air Quality Commission's air quality regulations (Department of Public Health and Environment)
14 All potentially hazardous chemicals must be 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) All chemicals must be stored securely, on an impervious surface, and in
accordance with manufacturers' recommendations (Department of Public Health and Environment)
15 Process wastewater(such as floor drain wastes)shall be captured in a watertight vault and hauled off for
proper, disposal Records of installation, maintenance, and property disposal shall be retained
(Department of Public Health and Environment)
RESOLUTION USR20-0015
JOHN AND SHARON BAPTIST
PAGE 8
16 . Any vehicle or equipment washing areas shall capture all effluent and prevent discharges in accordance
with the Rules and Regulations of the Water Quality Control Commission , and the Environmental
Protection Agency . ( Department of Public Health and Environment)
17 . Any additional hydraulic load to the existing on-site wastewater treatment system serving the shop
( G19919173) will require an Evaluation from a Colorado Registered Professional Engineer . The
engineer' s evaluation shall be submitted to the Weld County Environmental Health Department. In the
event the system is found to be inadequate . the system must be brought into compliance with current
Weld County On-site Wastewater Treatment System Regulations . ( Department of Public Health and
Environment)
18 . The facility shall adhere to the maximum permissible noise levels allowed in the Residential Zone as
delineated in 25- 12- 103 C . R . S . ( Department of Public Health and Environment)
19 . 1 Adequate drinking , hand washing , and toilet facilities shall be provided for employees and patrons , at all
times . A permanent , adequate water supply shall be provided for drinking and sanitary purposes .
( Department of Public Health and Environment)
20 . Any on-site wastewater treatment system located on the property must comply with all provisions of the
Weld County Code , pertaining to On- site Wastewater Treatment Systems . ( Department of Public Health
and Environment)
21 . The operation shall comply with all applicable rules and regulations of State and Federal Agencies in the
Weld County Code . ( Department of Public Health and Environment)
22 . The property owner or operator shall be responsible for controlling noxious weeds on the site , pursuant to
Chapter 15 , Article I and II . of the Weld County Code . ( Department of Public Works)
23 . The access to the site shall be maintained to mitigate any impacts to the public road , including damages
and/or off- site tracking . ( Department of Public Works )
24 . There shall be no parking or staging of vehicles on public roads . On -site parking shall be utilized .
( Department of Public Works)
25 . Any work that may occupy and or encroach upon any County rights-of-way or easement shall acquire an
approved Right-of-Way Use Permit prior to commencement . ( Department of Public Works)
26 . The Property Owner shall comply with all requirements provided in the executed Road Maintenance
Agreement . ( Department of Public Works)
27 . The Road Maintenance Agreement for this site may be reviewed on an annual basis . including a site visit
and possible updates . ( Department of Public Works)
•
29 . The historical flow patterns and runoff amounts on the site will be maintained . ( Department of Public
Works)
30 . Weld County is not responsible for the maintenance of onsite drainage related features . ( Department of
Public Works)
RESOLUTION USR20-0015
JOHN AND SHARON BAPTIST
PAGE 9
31 A Flood Hazard Development Permit is required for all construction or development occurring in the
floodplain or floodway as delineated on Federal Emergency Management Agency (FEMA) FIRM
Community Panel Map#08123C-1501E effective date January 20, 2016 (John Law Ditch Floodplain)
Any development shall comply with all applicable Weld County requirements, Colorado Water
Conservation Board requirements as described in Rules and Regulations for Regulatory Floodplains in
Colorado, and FEMA regulations and requirements as described in 44 CFR parts 59, 60, and 65 The
FEMA definition of development is any man-made change to improved or unimproved real estate,
including but not limited to buildings or other structures, mining, dredging, filling, grading, paving,
excavation,drilling operations,or storage of equipment and materials (Department of Planning Services-
Floodplain)
32 FEMA's floodplain boundaries may be updated at any time by FEMA Prior to the start of any
development activities,the owner should contact Weld County to determine if the floodplain boundaries
have been modified (Department of Planning Services- Floodplain)
33 Building permits may be required,per Section 29-3-10 of the Weld County Code Currently,the following
have been adopted by Weld County 2018 International Codes, 2006 International Energy Code, and
2017 National Electrical Code A Building Permit Application must be completed and two (2) complete
sets of engineered plans bearing the wet stamp of a Colorado registered architect or engineer must be
submitted for review A Geotechnical Engineering Report performed by a Colorado registered engineer
shall be required or an Open Hole Inspection (Department of Building Inspection)
34 The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code
35 Necessary personnel from the Weld County Departments of Planning Services,Public Works,and Public
Health and Environment 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 Conditions of Approval and Development
Standards stated herein and all applicable Weld County regulations
36 The Use by 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
37 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
38 RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT Weld County has some of the most
abundant mineral resources, including, but not limited to, sand and gravel, oil, natural gas, and coal
Under title 34 of the Colorado Revised Statutes, minerals are vital resources because (a) the state's
commercial mineral deposits are essential to the state's economy,(b)the populous counties of the state
face a critical shortage of such deposits,and(c)such deposits should be extracted according to a rational
plan,calculated to avoid waste of such deposits and cause the least practicable disruption of the ecology
and quality of life of the citizens of the populous counties of the state
Mineral resource locations are widespread throughout the County and person moving into these areas
must recognize the various impacts associated with this development Often times, mineral resource
sites are fixed to their geographical and geophysical locations Moreover,these resources are protected
property rights and mineral owners should be afforded the opportunity to extract the mineral resource
39 WELD COUNTY'S RIGHT TO FARM STATEMENT Weld County is one of the most productive
agricultural counties in the United States,typically ranking in the top ten counties in the country in total
RESOLUTION USR20-0015
JOHN AND'SHARON BAPTIST
PAGE 10
market value of agricultural products sold The rural areas of Weld County may be open and spacious,
but they are intensively used for agriculture Persons moving into a rural area must recognize and accept
there are drawbacks, including conflicts with long-standing agricultural practices and a lower level of
services than in town Along with the drawbacks come the incentives which attract urban dwellers to
relocate to rural areas open views, spaciousness, wildlife, lack of city noise and congestion, and the
rural atmosphere and way of life Without neighboring farms,those features which attract urban dwellers
to rural Weld County would quickly be gone forever
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area Well-run agricultural activities
will generate off-site impacts,including noise from tractors and equipment,slow-moving farm vehicles on
rural roads,dust from animal pens,field work, harvest and gravel roads, odor from animal confinement,
silage,and manure, smoke from ditch burning, flies and mosquitoes, hunting and trapping activities,
shooting sports, legal hazing of nuisance wildlife, and the use of pesticides and fertilizers in the fields,
including the use of aerial spraying It is common practice for agricultural producers to utilize an
accumulation of agricultural machinery and supplies to assist in their agricultural operations A
concentration of miscellaneous agricultural materials often produces a visual disparity between rural and
urban areas of the County Section 35-3 5-102, C R S , provides that an agricultural operation shall not
be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs
methods or practices that are commonly or reasonably associated with agricultural production
Water has been, and continues to be, the lifeline for the agricultural community It is unrealistic to
assume that ditches and reservoirs may simply be moved "out of the way"of residential development
When moving to the County, property owners and residents must realize they cannot take water from
irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water
Weld County covers a land area of approximately four thousand (4,000)square miles in size(twice the
size of the State of Delaware)with more than three thousand seven hundred(3,700)miles of state and
county roads outside of municipalities The sheer magnitude of the area to be served stretches available
resources Law enforcement is based on responses to complaints more than on patrols of the County,
and the distances which must be traveled may delay all emergency responses, including law
enforcement,ambulance,and fire Fire protection is usually provided by volunteers who must leave their
jobs and families to respond to emergencies County gravel roads,no matter how often they are bladed,
will not provide the same kind of surface expected from a paved road Snow removal priorities mean that
roads from subdivisions to arterials may not be cleared for several days after a major snowstorm
Services in rural areas,in many cases,will not be equivalent to municipal services Rural dwellers must,
by necessity, be more self-sufficient than urban dwellers
People are exposed to different hazards in the County than in an urban or suburban setting Farm
equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center
pivot operations, high speed traffic, sandburs, puncture vines, territorial farm dogs and livestock, and
open burning present real threats Controlling children's activities is important, not only for their safety,
but also for the protection of the farmer's livelihood
EXHIBIT
•
Pc MI ruitftsSUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING 5
�
. d �
911 / 2010 Tuesday . September 1 , 2020
p
A regular meeting of the Weld County Planning Commission was held in the Weld County Administration
Building , Hearing Room , 1150 O Street , Greeley , Colorado . This meeting was called to order by Chair ,
Elijah Hatch . at 12 : 33 pm .
Roll Call .
Present : Gene Stille , Lonnie Ford . Elijah Hatch , Skip Holland . Sam Gluck , Butch White .
Absent : Tom Cope . Dwaine Barclay , Troy Mellon .
Also Present : Michael Hall . Angela Snyder . Maxwell Nader , and Tom Parko , Department of Planning
Services ; Lauren Light . Department of Health : Melissa King . and Zack Roberson . Department of Public
Works : Bob Choate . County Attorney , and Michelle Wall , Secretary .
CASE NUMBER : USR20-0015
APPLICANT: JOHN AND SHARON BAPTIST
PLANNER : MAXWELL NADER
REQUEST : A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL
REVIEW PERMIT FOR A HOVE BUSINESS (VEHICLE RESTORATION
AND REPAIR ) IN THE A (AGRICULTURAL ) ZONE DISTRICT .
LEGAL DESCRIPTION : LOT A REC EXEMPT RE -2972 . PART E2SE4 SECTION 23 , T6N . R67W
OF THE 6TH P M . . WELD COUNTY , COLORADO
LOCATION : EAST OF AND ADJACENT TO CR 23 : APPROXIMATELY 0 . 50 MILES
SOUTH OF STATE HIGHWAY 392 .
Maxwell Nader , Planning Services , presented Case USR20- 0015 . reading the recommendation and
comments into the record . USR - 942 is the existing USR on the property . The applicant wishes to vacate
the current USR and apply for a new one . The Department of Planning Services recommends approval of
this application with the attached conditions of approval and development standards .
Commissioner Holland asked staff what the nature of the violation was . Staff explained that the existing
USR from 1991 does not include the operation of the applicant ' s business . The applicant has the option of
requesting a major amendment to the current USR or apply for a new USR . Mr . Nader explained the
applicant wishes to vacate the current USR and proceed by requesting a new one .
The Chair addressed that staff stated screening would be required to mitigate the storage of vehicles . He
said that he notices several vehicles in the site photos . Mr . Hatch asked if the vehicles are decoration or
stored vehicles . Mr . Nader said a combination of the two but recommended that he address the applicant
for more detailed information .
Zack Roberson . Public Works . reported on the existing traffic . access to the site and drainage conditions
for the site .
Lauren Light . Environmental Health . reviewed the public water and sanitary sewer requirements , on - site
dust control . and the Waste Handling Plan .
Mike Baptist , 32388 County Road 23 , Windsor , Colorado . Mr . Baptist explained that the business is auto
repair and restoration on classic cars . He said they do not do general oil changes or work on vehicles that
are not classic cars . The classic cars they work on are from the 1940s . 1950s and 1960s . They change
motors , read ends , transmissions , etc .
Commissioner Holland asked the applicant if they paint vehicles . Mr . Baptist said his son does some
painting . The applicant said they use less than a liter of paint every time they paint . Commissioner Holland
asked Mr . Baptist how they control their painting operation . Mr . Baptist said they have a paint booth that
has intake and exhaust filters .
The Chair mentioned he can see several classic vehicles in the photos . He asked if the vehicles are for
decoration or if they are storage vehicles . Mr . Baptist said some of the vehicles are for decoration and they
do not plan to do any restoration to them . The applicant explained that the vehicles in the photos are all
their own personal vehicles He said they don't have as many vehicles as when the pictures were taken
Mr Baptist showed the Planning Commission an area on the map where he would like to store personal
vehicles that they plan to restore The applicant said he thinks the vehicles would be screened behind the
corral Commissioner Hatch asked Mr Baptist if they plan to store a lot of vehicles Mr Baptist replied no
The Chair asked if there was anyone in the audience who wished to speak for or against this application
No one wished to speak
The Chair asked staff if they had any changes for the conditions of approval or development standards
Mr Roberson said staff would recommend striking Condition of Approval 5 because it is not necessary for
this case ,He also recommended to strike Development Standard 28
Motion Delete Condition of Approval 5 and Development Standard 28 as recommended by staff Moved
by Gene Stille, Seconded by Sam Gluck Motion passed unanimously
Ms Light recommended amending Development Standard 21 by adding "of State and Federal Agencies in
the Weld County Code"after the word"regulations" She said that matches Environmental Health's referral
Motion Amend Development Standard 21 as recommended by staff Moved by Gene Stifle, Seconded
by Lonnie Ford Motion passed unanimously
The Chair asked the applicant if they have read through the amended Development Standards and
Conditions of Approval and if they are in agreement with those The applicant replied that they are in
agreement
Motion Forward Case USR20-0015 to the Board of County Commissioners along with the amended
Conditions of Approval and Development Standards with the Planning Commission's recommendation of
approval, Moved by Gene Stille, Seconded by Lonnie Ford
Vote Motion carried by unanimous roll call vote (summary Yes = 6)
Yes Butch White, Elijah Hatch, Gene Stifle, Lonnie Ford, Sam Gluck, Skip Holland
Commissioner Stille stated he agreed with staff recommendation and he felt the criteria under Section 23-
2-220 of the Weld County Code was met
The Chair asked the public if there were other items of business that they would like to discuss No one
wished to speak
The Chair asked the Planning Commission members if there was any new business to discuss No one
wished to speak
Meeting adjourned at 2 15 p m
Respectfully submitted,
qThrilillei of' ithM—
Michelle Wall
Secretary
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