HomeMy WebLinkAbout20203842.tiff EXHIBIT
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BEFORE THE WELD COUNTY , COLORADO , PLANNING COMMISSION . '_a - O �
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Tom Cope , 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 : USR20-0018
APPLICANT : LUCERNE , INC .
PLANNER : KIM OGLE
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR ACCESSORY BUILDINGS WITH GROSS FLOOR AREA
LARGER THAN FOUR (4 ) PERCENT OF THE TOTAL LOT AREA INCLUDING
STRUCTURES FOR THE STORAGE OF AGRICULTURAL EQUIPMENT AND
AGRICULTURAL PRODUCTS ( STORAGE AND DISTRIBUTION OF BAGGED
SEED AND GRAIN ) LOCATED IN HISTORIC TOWNSITES IN THE A
(AGRICULTURAL ) ZONE DISTRICT .
LEGAL DESCRIPTION : LOTS 14 . 16 , AND 18 . BLOCK 4 NORTH GREELEY : BEING PART OF
SECTION 18 . T6N , R65W OF THE 6TH P . M , WELD COUNTY , COLORADO .
LOCATION : NORTH OF AND ADJACENT TO ELM STREET , EAST OF AND ADJACENT
TO RAILROAD AVENUE AND THE UPRR MAINLINE TRACK .
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 states " Commit to the economic future of agriculture . "
Weld County has an agricultural heritage built upon the hard work of farmers on traditional family
farms and farming families . The proposal will benefit the agricultural community who both buy and
sell products to Lucerne Inc . and further complement the consolidated holdings of the company
adjacent to an established rail corridor and State highway road corridors for easy access to greater
markets
Section 22-2-40 . A states " Support compatible economic development opportunities . "
Historic townsites provide housing for those predominantly employed in agricultural and other
industries . The communities also serve as small commercial centers for surrounding farm areas .
This property is vacant without improvements and will provide benefit to serving the needs of the
surrounding agricultural community . Lucerne Inc . , has a long history in Weld County providing
resources that benefit the agricultural community , including the import and export of products and
services , which in turn brings additional dollars to the County and citizens of the County .
The proposed use is in an area that can support this development and the Development Standards ,
and the Conditions of Approval will assist in mitigating the impacts of the facility on the adjacent
properties and ensure compatibility with surrounding land uses and the region .
B . Section 23-2-220 . A . 2 -- The proposed use is consistent with the intent of the A (Agricultural ) Zone
District .
Chapter 23 , Division 1 , Section 23- 3-45 . D addresses uses allowed by right in subdivisions and
historic townsites including farming and gardening including structures for storage of agricultural
equipment and agricultural products and confinement or protection of livestock and Section 23- 3--65 . A
for Uses by Special Review in historic townsites specifically for an Accessory Buildings with Gross
Floor Area larger than four (4 ) percent of the total lot area for uses allowed by right in ( North Greeley)
historic townsites .
RESOLUTION USR20-001 8
LUCERNE, INC.
PAGE 2
C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing
surrounding land uses.
The adjacent lands consist of residences on platted lots within Lucerne Townsite located to the north,
east and south. Also located to the north is the Cache La Poudre Reservoir Company and New
Cache La Poudre Irrigating Company offices and warehouse. Land uses to the west are located on
Union Pacific Railroad right-of-way with the structures constructed and are utilized by Lucerne Inc.
These lands are zoned commercial and are permitted under SPR-136 no recording information
available and AmSPR-136 recorded March 19, 2009 via reception number 3611783.
There are several Use by Special Review permits within one mile of the site. USR-1355 for an
Agricultural Service Establishment(storage and distribution of bagged seed and equipment storage)
is located north of the site. To the east is USR13-0021 for any use permitted as a use by right,
accessory use or use by special review in the commercial or industrial zone district(storage of dry
feed for delivery to local customers)provided that the property is not a lot in an approved or recorded
subdivision plat or part of a map or plan filed prior to the adoption of any regulations controlling
subdivisions. There are no USRs permitted to the south and to the west is USR13-0047 for any use
permitted as a use by right, accessory use or use by special review in the commercial or industrial
zone district (personal training facility) provided that the property is not a lot in an approved or
recorded subdivision plat or part of a map or plan filed prior to the adoption of any regulations
controlling subdivisions and MUSR16-0008 fora Mineral Resource Development Facility,including oil
and gas support and service, the parking, staging, storage and maintenance of a tank and water
service trucking facility, a private truck fuel depot, and the use of the residence for offices and
meeting rooms, all located in the A(Agricultural)Zone District.
The Weld County Department of Planning Services sent notice to twenty-nine (29) Surrounding
Property Owners. Planning staff received no telephone calls, or written correspondence from
surrounding property owners within 500 feet of the parent parcel.
The Conditions of Approval require that the applicant submit a Lighting Plan and a Landscape Plan
for all areas not covered by the structure or associated aprons. The Development Standards and
Conditions of Approval will assist in mitigating the impacts of the facility on the adjacent properties
and ensure compatibility with surrounding land uses and the region.
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 the three(3)mile referral area of the Town of Eaton and the City of Greeley.
The Town of Eaton did not return a referral response indicating a conflict with their interests,and the
City of Greeley in their referral comments, dated October 13, 2020 states "We have reviewed the
request and find no conflicts with our interests."
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, a Special Flood Hazard Area or the
Airport Overlay District. The property is within the MS4- Municipal Separate Storm Sewer System
that requires permittees to develop and implement a comprehensive Storm Water Management
Program(SWMP)that must include pollution prevention measures,treatment or removal techniques,
monitoring, use of legal authority, and other appropriate measures to control the quality of storm
water discharged to the storm drains and thence to waters of the United States.
Building Permits issued on the lot will be required to adhere to the fee structure of the County-Wide
Road Impact Fee Program. Building Permits issued on the proposed lot will be required to adhere to
the fee structure of the County Facility Fee and Drainage Impact Fee Programs.
RESOLUTION USR20-0018
LUCERNE, INC.
PAGE 3
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 proposed facility is located on approximately 0.215 acres of Prime (Irrigated) Farmlands of
National Importance per the 1979 Soil Conservation Service Important Farmlands of Weld County
Map. However,the property is part of a platted townsite from 1892, and is only 0.215 acres in size,
thus no "Prime" agricultural land will be taken 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 recommendation for approval is conditional upon the following:
1. Prior to recording the map:
A. A Lighting Plan shall be submitted to and accepted by the Department of Planning Services.
(Department of Planning Services)
B. A Landscape Plan shall be submitted to and accepted by the Department of Planning Services.
(Department of Planning Services)
C. The map shall be amended to delineate the following:
1. All sheets of the map shall be labeled USR20-0018 (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 23-2-240.A.13 of the
Weld County Code addresses the issue of trash collection areas. (Department of Planning
Services)
5. The map shall delineate the onsite lighting in accordance with the accepted Lighting Plan.
(Department of Planning Services)
6. The map shall delineate the Landscaping in accordance with the accepted Landscape Plan.
(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 and the loading area for the vendors,customers and/or
employees. (Department of Planning Services)
9. Railroad Avenue is a paved road and is designated on the Weld County Functional Classification
Map(Code Ordinance 2017-01)as a local road,which requires 60 feet of right-of-way.According
RESOLUTION USR20-001 8
LUCERNE, INC.
PAGE 4
to the original "North Greeley, Weld County, Colorado" plat dated March 16, 1892, there is an
existing 200-foot Union Pacific Railroad right-of-way, measured from the center of the railroad
tracks extending eastward to the western property boundary of the subject parcel. Railroad
Avenue falls within the 200-foot right-of-way. It is possible that the County has/had a long-term
lease with the railroad company granting the County permission to locate Railroad Avenue within
their right-of-way; however, no lease has been discovered. The applicant shall delineate and
label on the site map the existing right-of-way (along with the creating documents) 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. Elm Street is a gravel road and is designated on the Weld County Functional Classification Map
(Code Ordinance 2017-01) as a local road, which requires 60 feet of right-of-way. According to
the North Greeley plat, Elm Street has a 75-foot right-of-way. The applicant shall delineate and
label on the site map the existing right-of-way (along with the creating documents) and the
physical location of the road. Be aware that physical roadways may not be centered in the right-
of-way.All setbacks shall be measured from the edge of right-of-way.This road is maintained by
Weld County. (Department of Public Works)
11. Show and label the approved access location, 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 construction. (Department of Public Works)
12. Show and label the drainage flow arrows. (Department of Public Works)
13. Show and label the parking and traffic circulation flow arrows showing how the traffic moves
around the property. (Department of Public Works)
14. Show and label the paved aprons and areas adjacent to the dry storage building.(Department of Planning
Services)
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 map 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 be added for each additional
three (3) month period. (Department of Planning Services)
4. Prior to Construction:
A. The approved access shall be constructed prior to on-site construction.(Department of Public Works)
5. The Use by Special Review 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 map 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)
RESOLUTION USR20-0018
LUCERNE, INC.
PAGE 5
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
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 December 1, 2020.
Dated the 1st of December, 2020
a
Michelle Wall
Secretary
RESOLUTION USR20-001 8
LUCERNE, INC.
PAGE 6
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Lucerne, Inc.
USR20-001 8
1. A Site Specific Development Plan and Use by Special Review, USR20-0018,for accessory buildings with
gross floor area larger than four(4) percent of the total Lot area including structures for the storage of
agricultural equipment and agricultural products(storage and distribution of bagged seed,grain, located
in historic townsites, 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 8:00 a.m.-5:00 p.m. Monday through Saturday, as stated in the application
materials. (Department of Planning Services)
4. The number of temporary on-site employees shall be up to three(3)as stated in the application materials.
(Department of Planning Services)
5. The number of commercial vehicles delivering commodity to the site shall be up to two(2)per week, as
stated in the application materials. (Department of Planning Services)
6. The parking area on the site shall be maintained. (Department of Planning Services)
7. 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)
8. 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)
9. 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)
10. 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)
11. 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)
12. Any On-site Wastewater Treatment Systems 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)
13. A permanent,adequate water supply shall be provided for drinking and sanitary purposes.(Department of
Public Health and Environment)
14. Adequate drinking, hand washing, and toilet facilities shall be provided for employees and patrons, at all
times. The parcel addressed as 33041 Railroad Avenue, which is also owned by Lucerne Inc., can be
utilized for sanitary accommodations providing the property is owned or rented by the applicant.
Otherwise a portable toilet is required for this facility. (Department of Public Health and Environment)
RESOLUTION USR20-001 8
LUCERNE, INC.
PAGE 7
15. For employees or contractors on site for less than 2 consecutive hours a day, and 2 or less full-time
employees on site,portable toilets and bottled water are acceptable. Records of maintenance and proper
disposal for portable toilets shall be retained on a quarterly basis and available for review by the Weld
County Department of Public Health and Environment. Portable toilets shall be serviced by a cleaner
licensed in Weld County, contain hand sanitizers and be screened from existing adjacent residential
properties and public rights-of-way. (Department of Public Health and Environment)
16. The operation shall comply with all applicable rules and regulations of State and Federal agencies and
the Weld County Code. (Department of Public Health and Environment)
17. 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)
18. 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)
19. There shall be no parking or staging of vehicles on public roads. On-site parking shall be utilized.
(Department of Public Works)
20. 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)
21. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Public
Works)
22. Weld County is not responsible for the maintenance of onsite drainage related features. (Department of
Public Works)
23. Lighting shall be maintained in accordance with the approved Lighting Plan (Department of Planning
Services)
24. Landscaping shall be maintained in accordance with the approved Landscape Plan (Department of
Planning Services)
25. Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties.
Sources of light should not cause a nuisance or interfere with the use on the adjacent properties in
accordance with the map. 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)
26. Building permits shall be required for any new construction or set up manufactured structure,per Section
29-3-10 of the Weld County Code. A building permit application must be completed and submitted.
Buildings and structures shall conform to the requirements of the various codes adopted at the time of
permit application. Currently, the following have been adopted by Weld County: 2018 International
Building Codes; 2018 International Residential Code; 2006 International Energy Code; 2017 National
Electrical Code;and Chapter 29 of the Weld County Code.A plan review shall be approved,and a permit
must be issued prior to the start of construction. (Department of Building Inspection)
27. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code. (Department of Planning Services)
28. 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. (Department of Planning Services)
RESOLUTION USR20-0018
LUCERNE, INC.
PAGE 8
29. 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. (Department of Planning Services)
30. The property owner or operator shall be responsible for complying with all of the foregoing Development
Standards. Noncompliance with any of the foregoing Development Standards may be reason for
revocation of the Permit by the Board of County Commissioners. (Department of Planning Services)
31. Construction or use pursuant to approval of a Use by Special Review Permit shall be commenced within
three (3) years from the date of approval, unless otherwise specified by the Board of County
Commissioners when issuing the original Permit,or the Permit shall be vacated.The Director of Planning
Services may grant an extension of time,for good cause shown,upon a written request by the landowner.
32. A Use by Special Review shall terminate when the use is discontinued for a period of three (3)
consecutive years, the use of the land changes or the time period established by the Board of County
Commissioners through the approval process expires. The landowner may notify the Department of
Planning Services of a termination of the use, or Planning Services staff may observe that the use has
been terminated.When either the Department of Planning Services is notified by the landowner,or when
the Department of Planning Services observes that the use may have been terminated,the Planner shall
send certified written notice to the landowner asking that the landowner request to vacate the Use by
Special Review Permit.
33. 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
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,
RESOLUTION USR20-0018
LUCERNE, INC.
PAGE 9
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.
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EXHIBIT
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SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday , December 1 , 2020
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 : 30 pm .
Roll Call .
Present : Tom Cope , Lonnie Ford , Elijah Hatch , Skip Holland , Dwaine Barclay , Butch White , Troy Mellon .
Absent : Gene Stille , Sam Gluck .
Also Present : Kim Ogle . Chris Gathman , and Tom Parka , Department of Planning Services ; Ben Frissell
and Lauren Light, Department of Health ; Mike McRoberts and Melissa King , Department of Public Works ;
Bob Choate , County Attorney , and Michelle Wall , Secretary .
Motion : Approve the November 17 , 2020 Weld County Planning Commission minutes , Moved by Tom
Cope , Seconded by Butch White . Motion passed unanimously .
The Chair called a recess at 1 : 25 pm . The meeting reconvened at 1 : 32 pm .
CASE NUMBER : USR20-0018
APPLICANT: LUCERNE , INC .
PLANNER : KIM OGLE
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR ACCESSORY BUILDINGS WITH GROSS FLOOR AREA
LARGER THAN FOUR (4 ) PERCENT OF THE TOTAL LOT AREA
INCLUDING STRUCTURES FOR THE STORAGE OF AGRICULTURAL
EQUIPMENT AND AGRICULTURAL PRODUCTS ( STORAGE AND
DISTRIBUTION OF BAGGED SEED AND GRAIN ) LOCATED IN HISTORIC
TOWNSITES IN THE A (AGRICULTURAL ) ZONE DISTRICT .
LEGAL DESCRIPTION : LOTS 14 , 16 . AND 18 . BLOCK 4 NORTH GREELEY : BEING PART OF
SECTION 18 . T6N , R65W OF THE 6TH P . M . , WELD COUNTY, COLORADO .
LOCATION : NORTH OF AND ADJACENT TO ELM STREET , EAST OF AND ADJACENT
TO RAILROAD AVENUE AND THE UPRR MAINLINE TRACK.
Kim Ogle , Planning Services , presented Case USR20-0018 , reading the recommendation and comments
into the record . The Department of Planning Services recommends approval of this application with the
attached conditions of approval and development standards .
Commissioner Ford mentioned the Railroad right- of-way is 200 feet from the railroad tracks . He asked staff
if the warehouse is in the right-of-way . Staff responded that this property is in part of a platted townsite ; it
is not located in the right-of-way .
Commissioner Holland asked staff how many acres the property was and what size the warehouse is . Staff
responded the property is 0 . 215 acres and the warehouse is 4 , 000 square feet . Commissioner Holland
asked staff if they are recommending approval of this project that covers more than 50 percent of the
property . Staff replied that is correct . Mr . Ogle said they received no phone calls or any opposition to this
proposal . Commissioner Holland asked how the applicant will go around the warehouse . Staff explained
the applicant does not need to go around , they will access the property from public right-of-way to Elm
Street and then turn north onto their driveway that leads to roll- up doors on the warehouse .
Mike McRoberts , 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 .
Robert Anders , 6363 East County Road 56 . Fort Collins . Colorado . The applicant explained that he is
running out of storage space for bagged seed and grain . He said they will have a forklift . There will not be
any outside parking. Mr. Anders Eaton Fire is requesting that the applicant put in a sprinkler system inside
the building.
Commissioner Barclay asked for explanation of the structures located behind the proposed building. Mr.
Anders replied there is one house and some other buildings and that no one opposed the project. He said
there is a 6-foot privacy fence along the property line.
Commissioner Cope asked the applicant to point out on the map where the building with the restroom is
located. Mr. Anders pointed to the image as to the location of the Lucerne Inc. office located to the
northwest of the proposed building location.
The Chair asked the applicant if they had to go through a similar process with the previous building they
built. The applicant said it was similar. Commissioner Hatch asked if they had any complaints. The
applicant said they did not. Mr. Anders said they work hard to be good neighbors and keep their property
clean.
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 the applicant if they have read through the 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 USR20-0018 to the Board of County Commissioners along with the Conditions of
Approval and Development Standards with the Planning Commission's recommendation of approval,
Moved by Tom Cope, Seconded by Lonnie Ford.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 7).
Yes: Butch White, Dwaine Barclay, Elijah Hatch, Lonnie Ford, Skip Holland, Tom Cope, Troy Mellon.
Absent: Gene Stille, Sam Gluck.
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 4:02 pm.
Respectfully submitted,
Michelle Wall
Secretary
ATTENDANCE RECORD
NAME--PLEASE PRINT LEGIBLY ADDRESS EMAEL
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