HomeMy WebLinkAbout20191666BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
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:
APPLICANT:
PLANNER:
REQUEST:
LEGAL DESCRIPTION:
LOCATION:
U SR 18-0128
THE WHEELER 2014 REVOCABLE TRUST, C/O JEREMIAH WHEELER
ANGELA SNYDER
A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR ANY USE PERMITTED AS A USE BY RIGHT, AN ACCESSORY
USE OR A USE BY SPECIAL REVIEW PERMIT IN THE COMMERCIAL OR
INDUSTRIAL ZONE DISTRICTS (CONTRACTOR SHOP) PROVIDED THAT THE
PROPERTY IS NOT A LOT IN AN APPROVED OR RECORDED SUBDIVISION
PLAT OR LOTS PARTS OF A MAP OR PLAN FILED PRIOR TO ADOPTION OF
ANY REGULATIONS CONTROLLING SUBDIVISIONS IN THE A
(AGRICULTURAL) ZONE DISTRICT.
LOT A REC EXEMPT RE -3201, PART S2NW4 SECTION 33, Ti N, R67W OF THE
6TH P.M., WELD COUNTY. COLORADO.
EAST OF AND ADJACENT TO CR 17, APPROXIMATELY 0.4 MILES SOUTH
OF CR 4.
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.
A.Policy 6.2. 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.
The proposal is for a family -owned and operated business. Though Mr. and Mrs. Wheeler are
now retired, their grown children run the business from the home. The Wheeler's are still part-
owners of the company.
The proposed use is in an area that can support this development and the existing screening,
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.
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.
Section 23-3-40.S permits any use permitted as a Use by Right, an Accessory Use or a Use
by Special Review Permit in the Commercial or Industrial Zone Districts provided that the
property is not a lot in an approved or recorded subdivision plat or lots parts of a map or plan
filed prior to adoption of any regulations controlling subdivisions. Contractor shops are
allowed as a Use by Right in the C-3 (Business Commercial) Zone District) per Section 23-3-
230.B.11.
C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing
surrounding land uses.
RESOLUTION USR18-0128
THE WHEELER 2014 REVOCABLE TRUST, C/O JEREMIAH WHEELER
PAGE 2
The adjacent lands consist of pastures, crops, a reservoir and rural residences. The closest
residence is about 250 feet to the north.
There are nine (9) USR within one mile of the site: SUP -10 Kennel, USR-1376PV
Landscaping Business, USR-1494 Machine & Welding Shop, USR-980 Meeting Hall, USR-
1077 24 -inch Pipeline, SUP -192 Livestock Confinement Operation, USR12-0022 Storage,
MUSR12-0013 Mineral Resource Support Facility, and USR-589AM2 Natural Gas Facility.
The Weld County Department of Planning Services sent notice to seven (7) Surrounding
Property Owners. Planning staff did not receive correspondence from any however the
applicant submitted signatures of support from all seven with the 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 the three (3) mile referral area of the Cities of Brighton, Dacono,
Northglenn and Thornton. The Cities of Dacono, Thornton and Brighton did not return referral
responses. The City of Northglenn, in their referral response dated December 20, 2019,
indicated that the area was within their 208 Service Area and the proposal was consistent
with their comprehensive plan.
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,
MS4 Area or the Airport Overlay District. 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.
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 3 acres [High Potential Dry Cropland] per
the 1979 Soil Conservation Service Important Farmlands of Weld County Map. The site is
not irrigated and no prime agricultural land is being taken out of production for this proposal.
O. 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 plat:
RESOLUTION USR18-0128
THE WHEELER 2014 REVOCABLE TRUST, C/O JEREMIAH WHEELER
PAGE 3
A. 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)
B. The plat shall be amended to delineate the following:
1. All sheets of the map shall be labeled USR18-0128 (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 lighting which shall adhere to the Weld County Code.
(Department of Planning Services)
6. 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)
7. County Road 17 is a paved road and is designated on the Weld County Functional
Classification Map as a local road which requires 60 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)
8. 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 operation. (Department of Public Works)
9. 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)
10. Show and label the drainage flow arrows. (Department of Public Works)
11. Show and label the parking and traffic circulation flow arrows showing how the traffic
moves around the property. (Department of Public Works)
2. Upon completion of Condition of Approval #1 above, the applicant shall submit one (1) electronic copy
(.pdf) of the plat for preliminary approval to the Weld County Department of Planning Services. Upon
approval of the plat 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 the Department of Planning Services. 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 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
RESOLUTION USR18-0128
THE WHEELER 2014 REVOCABLE TRUST, C/O JEREMIAH WHEELER
PAGE 4
County Commissioners Resolution, a $50.00 recording continuance charge shall added for each
additional three (3) month period. (Department of Planning Services)
4. The Department of Planning Services respectfully requests a digital copy of this "Use by Special
Review", as appropriate. Acceptable format is a projected ESRI shapefile (.shp, .shx, .dbf, .prj) with a
defined coordinate system (i.e., NAD 1983 UTM Zone 13N, WGS 1984, NAD 1983 HARN StatePlane
Colorado North FIPS 0501 (US Feet).....etc.). This digital file may be sent to mapsaco.weld.co.us.
(Department of Planning Services)
5. Prior to Construction:
A. 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)
6. The Use by Special Review 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 Elijah Hatch.
VOTE:
For Passage
Bruce Johnson
Bruce Sparrow
Michael Wailes
Tom Cope
Gene Stille
Lonnie Ford
Richard Beck
Elijah Hatch
Skip Holland
Against Passage Absent
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, 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 April 2, 2019.
Dated the 2nd of April, 2019
4retetaitato � Wd-L
Michelle Wall
Secretary
RESOLUTION USR18-0128
THE WHEELER 2014 REVOCABLE TRUST, C/O JEREMIAH WHEELER
PAGE 5
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Wheeler's Plumbing Heating Cooling Corporation
Wheeler 2014 Revocable Trust
USR18- ►128
1. A Site Specific Development Plan and Use by Special Review Permit for any Use permitted as a Use by
Right, an Accessory Use or a Use by Special Review Permit in the Commercial or Industrial Zone Districts
(contractor shop) provided that the property is not a lot in an approved or recorded subdivision plat or lots
parts of a map or plan filed prior to adoption of any regulations controlling subdivisions 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. The hours of operation are 8:00 a.m. — 5:00 p.m. Monday — Friday. (Department of Planning Services)
4. The number of on -site employees shall be limited to eighteen (18), as stated in the application.
(Department of Planning Services)
5. 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)
6. 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)
7. 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)
8. 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)
9. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Department of Public Works)
10. 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)
11. The Property Owner shall comply with all requirements provided in the executed Road Maintenance
Agreement. (Department of Public Works)
12. 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)
13. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Public
Works)
14. Weld County is not responsible for the maintenance of onsite drainage related features. (Department of
Public Works)
15. 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)
RESOLUTION USR18-0128
THE WHEELER 2014 REVOCABLE TRUST, C/O JEREMIAH WHEELER
PAGE 6
16. 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)
17. 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 facility shall operate in
accordance with Chapter 14, Article 1 of the Weld County Code. (Department of Public Health and
Environment)
18. 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)
19. This facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone as
delineated in 25 12 103 C.R.S. (Department of Public Health and Environment)
20. A permanent, adequate water supply shall be provided for drinking and sanitary purposes. The existing
well (permit 245188) cannot be used for the business unless it is repermitted to allow commercial use.
(Department of Public Health and Environment)
21. Any septic system located on the property must comply with all provisions of the Weld County Code,
pertaining to Onsite Waste Water Treatment Systems. (Department of Public Health and Environment)
22. Adequate hand washing, and toilet facilities shall be provided for employees, at all times. 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 and shall contain hand sanitizers and be screened from public view. (Department of Public
Health and Environment)
23. 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)
24. Building permits may 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 has 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)
25. 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)
26. 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)
27. 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)
RESOLUTION USR18-0128
THE WHEELER 2014 REVOCABLE TRUST, C/O JEREMIAH WHEELER
PAGE 7
28. 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 Public Health and
Environment)
29. 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.
30. 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,
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.
RESOLUTION USR18-0128
THE WHEELER 2014 REVOCABLE TRUST, C/O JEREMIAH WHEELER
PAGE 8
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.
PC IM 1YAA{-es
41z/2o19
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday. April 2, 2019
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,
Michael Wailes. at 12:30 pm.
Roll Call.
Present: Michael Wailes, Bruce Sparrow, Bruce Johnson, Gene Stille, Tom Cope, Lonnie Ford, Richard
Beck, Elijah Hatch, Skip Holland.
Also Present: Kim Ogle, Chris Gathman, and Angela Snyder, Department of Planning Services; Lauren
Light, Department of Health; Evan Pinkham, Hayley Balzano and Mike McRoberts, Public Works; Bob
Choate, County Attorney, and Michelle Wall, Secretary.
CASE NUMBER:
APPLICANT:
PLANNER:
REQUEST:
LEGAL DESCRIPTION:
LOCATION:
USR18-0128
THE WHEELER 2014 REVOCABLE TRUST, O/O JEREMIAH WHEELER
ANGELA SNYDER
A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR ANY USE PERMITTED AS A USE BY RIGHT, AN ACCESSORY
USE OR A USE BY SPECIAL REVIEW PERMIT IN THE COMMERCIAL OR
INDUSTRIAL ZONE DISTRICTS (CONTRACTOR SHOP) PROVIDED THAT THE
PROPERTY IS NOT A LOT IN AN APPROVED OR RECORDED SUBDIVISION
PLAT OR LOTS PARTS OF A MAP OR PLAN FILED PRIOR TO ADOPTION OF
ANY REGULATIONS CONTROLLING SUBDIVISIONS IN THE A
(AGRICULTURAL) ZONE DISTRICT.
LOT A REC EXEMPT RE -3201, PART S2NW4 SECTION 33, Ti N, R67W OF THE
6TH P.M., WELD COUNTY, COLORADO.
EAST OF AND ADJACENT TO CR 17, APPROXIMATELY 0.4 MILES SOUTH
OF CR 4.
Angela Snyder, Planning Services. presented Case USR18-0128, 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 asked staff if the owners of the property are owners of the business. Staff replied they
are part owners and their children own part of the business as well.
Evan Pinkham. 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.
Commissioner Stille asked staff if the applicant was going to apply for a well. Staff replied they are not.
Jeremiah Wheeler, 1322 South Cora Avenue, Milliken, Colorado. Mr. Wheeler explained they own a small
family business. His father started the business in 1995 in Northglenn. Mr. Wheeler said they moved the
business to his dad's property a couple years ago without realizing they needed a permit to do that. He
explained they want to get the correct permit as soon as possible so they are in compliance.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Bill Wycoff. 333 County Road 17, Brighton, Colorado. Mr. Wycoff said he is a neighbor to the south of the
applicant. He has lived on his property since 1982. Mr. Wycoff has observed how his neighbors have
operated their business so far. He said they are quiet; there is minimal traffic, and the speed limit is followed.
Mr. Wycoff said he feels the business is compatible with the Ag area and activities. He said they can only
welcome them and support the USR request.
1
Michelle Wall
Secretary
Commissioner Johnson said he read a neighbor was concerned about the lighting and asked Mr. Wycoff
what his opinion was on the lighting. Mr. Wycoff said he mentioned the lighting in his letter and explained
he is an advocate of the Dark Sky lighting. He said the light on their outbuilding shines into his kitchen
window. Mr. Wycoff said he would appreciate a change to the lighting.
Chair Wailes said they appreciate all comments but especially appreciate positive comments in support of
applicants.
Russ Watterson, 905 West 1241h Avenue, Suite 210, Westminster, Colorado. Mr. Watterson said his
property is adjacent to the applicants. He said he has known the Wheelers for 30 years. Mr. Watterson
said he was glad when the Wheelers moved their business next to his property because he knew they were
good people. He said they have done a great job of improving the property from how it was when they
purchased it. Mr. Watterson said the Wheeler's business is compatible with their neighborhood.
Mr. Wheeler said that they will work on the lighting issue.
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 USR18-0128 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 Elijah Hatch.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 9).
Yes: Bruce Johnson, Bruce Sparrow, Elijah Hatch, Gene Stille, Lonnie Ford, Michael Wailes, Richard Beck,
Skip Holland, Tom Cope.
Chair Wailes stated that the applicant and staff have shown they met the 7 criteria of Weld County Code,
Section 23-2-220.A.
Meeting adjourned at 5:57 pm.
Respectfully submitted,
2
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