HomeMy WebLinkAbout20194983.tiffEXHIBIT
BEFORE THE WELD COUNTY. COLORADO. PLANNING COMMISSION
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RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Bruce Johnson, 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
USR19-0049
NATHAN TROWBRIDGE AND GROVES FARM. LLC
MICHAEL HALL
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 IN THE COMMERCIAL OR INDUSTRIAL
ZONE DISTRICTS, (OUTDOOR STORAGE OF RVS. ATVS. BOATS. CAMPERS.
TRAILERS. AND VEHICLES) 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
AMENDED SUBDIVISION EXEMPTION 1AMSUBX19-08-1128; BEING A PART OF
THE S2 OF SECTION 34 T7N. R65W OF THE 6TH P.M., WELD COUNTY.
COLORADO.
NORTH OF AND ADJACENT TO CR 74, APPROXIMATELY 0.44 MILES EAST
OF CR 43.
be recommended favorably to the Board of County Commissioners for the following reasons.
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 -A.2 -20.A.2 Policy 1.2. Support the development of creative policies for landowners
to voluntarily conserve agricultural land.
The Planning Commission said that the applicants are not going to use all of the land for this
storage facility and will use some of it for possible agricultural use so this provides them the
income to be able to do that.
Section 22-2-20.G.2. - A. Policy 7.2. states" '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 Planning Commission stated that this property has not been farmed and is not currently
irrigated, therefore. it is not a conversion of land. Additionally, productive agricultural activities are
not readily supported on this parcel because of the small lot size. Furthermore, this property has
direct access onto County Road 74, which is a major regional transportation corridor that provides
convenient access for customers to bring their items to the site. Having this commercial use on
the property will control the weeds on site. They believe this is the highest and best use of this
property and is compatible with the area.
B. Section 23-2-220.A.2 -- The proposal is consistent with the intent of the district in which the use is
located.
The Planning Commission said that the applicants are not going to use all of the land for this
storage facility and will use some of it for possible agricultural use. so this provides them the
income to be able to do that.
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
RESOLTUION USR19-0049
NATHAN TROWBRIDGE AND GROVES FARM, LLC
PAGE 2
Right." As of July 17, 2019, the date of complete application submittal, this code section allows
the applicant to apply for a Use by Special Review permit for the subject request which is more
intense than Uses Allowed by Right.
Section 23-3-40.5. — Uses by special review, of the Weld County Code allows, "Any use
permitted as a Use by Right, an Accessory Use, or a Use by Special Review 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." As of July 17, 2019, the date of complete application submittal, this code section
allows the applicant to apply for a USR for a miscellaneous commercial/industrial operation
because the site is not located within a subdivision or historic townsite.
C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing
surrounding land uses.
The Planning Commission believes this is the highest and best use of this property and is
compatible with the area.
D. Section 23-2-220.A.4 -- The uses which would 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 this Code or Master Plans of affected municipalities.
Although this area does not contain numerous commercial uses, the site offers convenient access
to County Road 74, which is a direct and important transportation corridor in Weld County.
Locating this type of USR next to a major roadway minimizes the need for customer traffic to drive
on local roads or extensively through agricultural and residential lands, which support Sections
22-2-100.E and F of the Weld County Code.
This site is located within the three (3) mile referral radius of the Town of Eaton. Eaton returned a
referral response dated July 23, 2019 and indicated no concerns.
The site is not located in a Coordinated Planning Agreement (CPA) area, Urban Growth
Boundary (UGB) or Regional Urbanization Area (RUA).
E. Section 23-2-220.A.5 -- The application complies with Articles V and XI of this Chapter if the
proposal is located within an overlay zoning district or a special flood hazard area identified by
maps officially adopted by the county.
The property is not located within the A -P (Airport) Overlay District, Geologic Hazard Overlay
District, a Special Flood Hazard Area or MS4 area.
Building Permits issued on the lot will be required to adhere to the fee structure of the County -
Wide Road Impact Fee Program, County Facility Fee and Drainage Impact Fee Programs.
F. Section 23-2-220.A.6 -- The use is proposed to be located in the A (Agricultural) Zone District, the
applicant has demonstrated a diligent effort has been made to conserve prime farmland in the
locational decision for the proposed use.
The site is designated as "Prime (Irrigated) - Farmlands of National Importance" per the 1979 Soil
Conservation Service Important Farmlands of Weld County Map. The proposed USR will not
remove any agricultural land from production. The existing SUBX lot is expanding via the pending
Amended SUBX to include a portion of the Groves Farm, which is not being farmed. The Planning
Commission said that the applicants are not going to use all of the land for this storage facility and
will use some of it for possible agricultural use, so this provides them the income to be able to do
that. The Planning Commission stated that this property has not been farmed and is not currently
irrigated, therefore. They believe this is the highest and best use of this property and is
compatible with the area.
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NATHAN TROWBRIDGE AND GROVES FARM, LLC
PAGE 3
G. Section 23-2-220.A.7 -- That there is adequate provision for the protection of the health, safety
and welfare of the inhabitants of the neighborhood and the county.
The Planning Commission believes that the applicant has met the criteria for Section 23-2-
220.A.7. The Design Standards (Section 23-2-240, Weld County Code), Operation Standards
(Section 23-2-250, Weld County Code), Conditions of Approval and Development Standards can
ensure that there are adequate provisions for the protection of health, safety, and welfare of the
inhabitants of the neighborhood and County.
The Weld County Environmental Health and Weld County Public Works referrals, dated August 9
and August 22, 2019, provide additional background and advisory information regarding
designing and operating the site in conformance with the interests of the County, public and other
governmental agencies.
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 USR map:
A. The applicant shall address the comments of the Colorado Division of Water Resources regarding
stormwater detention, as stated in the referral response dated July 25, 2019. Evidence of such
shall be submitted in writing to the Weld County Department of Planning Services. (Department of
Planning Services)
B. The applicant shall submit a Landscape and Screening Plan to the Department of Planning
Services for review and approval. (Department of Planning Services)
C. The applicant shall submit a Property Maintenance Plan to the Department of Planning Services
for review and approval. (Department of Planning Services)
D. The applicant shall submit a Lighting Plan to the Department of Planning Services for review and
approval. (Department of Planning Services)
E. An Improvements and Road Maintenance Agreement is required for off -site improvements at this
location. Road maintenance includes, but is not limited to, dust control and damage repair to
specified haul routes. The Agreement shall include provisions addressing engineering
requirements, submission of collateral, and testing and approval of completed improvements.
(Department of Public Works)
F. The USR map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR19-0049. (Department of Planning Services)
2) The attached Development Standards. (Department of Planning Services)
3) The map shall be prepared per Section 23-2-260.D of the Weld County Code. (Department of
Planning Services)
4) Show and label the location of the outdoor storage facility including the layout of the storage
spaces and drive aisles. (Department of Planning Services)
5) Show and label the location of existing buildings and portable toilet. (Department of Planning
Services)
RESOLTUION USR19-0049
NATHAN TROWBRIDGE AND GROVES FARM, LLC
PAGE 4
6) Show and label the vegetative screening, fencing and security features as detailed in the
Landscape and Screening Plan. (Department of Planning Services)
7) Show and label the location of the trash collection areas as detailed in the Property
Maintenance Plan. Section 23-3-250.A.6. of the Weld County Code addresses the issue of
trash collection areas. (Department of Planning Services)
8) Show and label the location of the lighting as detailed in the Lighting Plan. All lighting shall be
downcast and shielded so that light rays will not shine directly onto adjacent properties.
(Department of Planning Services)
9) Show and label the location of the signage. Signs shall adhere to Chapter 23, Article IV,
Division 2, Section 23-2-240.A.12 and Appendices 23-C, 23-D and 23-E of the Weld County
Code. (Department of Planning Services)
10) Show and label all recorded easements and rights -of -way on the map by book and page
number or reception number. (Department of Planning Services)
11) If applicable, setback radiuses for existing oil and gas tank batteries and wellheads shall be
indicated on the map per the setback requirements of 23-3-50.E of the Weld County Code.
(Department of Planning Services)
12) County Road 74 is a paved road and is designated on the Weld County Functional
Classification Map as an arterial road which requires 140 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)
13) County Road 45 is a gravel 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)
14) 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(s) prior to construction. (Department of Public Works)
15) Show and label the approved tracking control on the site plan. (Department of Public Works)
16) 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)
17) Show and label the drainage flow arrows. (Department of Public Works)
18) Show and label the parking and traffic circulation flow arrows showing how the traffic moves
around the property. (Department of Public Works)
RESOLTUION USR19-0049
NATHAN TROWBRIDGE AND GROVES FARM, LLC
PAGE 5
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 and tracking control shall be constructed prior to on -site construction.
(Department of Public Works)
B. If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required.
(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)
RESOLTUION USR19-0049
NATHAN TROWBRIDGE AND GROVES FARM, LLC
PAGE 6
Motion seconded by Richard Beck.
VOTE:
For Passage
Bruce Johnson
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, Kristine Ranslem, 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 November 19, 2019.
Dated the 191h of November, 2019
Kristine Ranslem
Secretary
RESOLTUION USR19-0049
NATHAN TROWBRIDGE AND GROVES FARM, LLC
PAGE 7
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Nathan & Anna Trowbridge
USR19-0049
1. A Site Specific Development Plan and Use by Special Review Permit, USR19-0049, for any use
permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the Commercial or
Industrial Zone Districts, (outdoor storage of RVs, ATVs, boats, campers, trailers, and personal
vehicles) 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, 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 of the storage facility are 24 -hours per day, 7 -days per week. (Department of
Planning Services)
4. The maximum number of outdoor storage spaces shall be limited to two hundred (200), as stated in
the application materials. (Department of Planning Services)
5. The existing and proposed landscape and screening shall be maintained in accordance with the
approved Landscape and Screening Plan. (Department of Planning Services)
6. The outdoor storage area shall be maintained in accordance with the approved Property Maintenance
Plan. (Department of Planning Services)
7. All vehicles located within the storage area must be operational with current license plates and tags.
No derelict vehicles, as defined in Section 23-1-90 of the Weld County Code, shall be stored on the
site. (Department of Planning Services)
8. There shall be no storage of commercial and/or industrial vehicles, equipment, materials or hazardous
wastes. (Department of Planning Services)
9. 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)
10. 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)
11. 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)
12. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Department of Public Works)
13. 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)
14. The Property Owner shall comply with all requirements provided in the executed Improvements
Agreement. (Department of Public Works)
15. The Improvements Agreement for this site may be reviewed on an annual basis, including a site visit
and possible updates. (Department of Public Works)
RESOLTUION USR19-0049
NATHAN TROWBRIDGE AND GROVES FARM, LLC
PAGE 8
16. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Public
Works)
17. 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)
18. 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, Section 30-20-100.5, C.R.S. (Department of Public Health and Environment)
19. Waste materials shall be handled, stored, and disposed of 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)
20. 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)
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. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
(Department of Public Health and Environment)
23. Adequate handwashing and toilet facilities shall be provided for employees and patrons of the facility,
at all times. For 10 or less customers or visitors per day, and 2 or less full-time employees on site,
portable toilets 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)
24. 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)
25. 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 approved Lighting Plan and Dark Sky Policy. 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 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)
27. 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.
RESOLTUION USR19-0049
NATHAN TROWBRIDGE AND GROVES FARM, LLC
PAGE 9
28. 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.
29. 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.
30. 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.
31. 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
RESOLTUION USR19-0049
NATHAN TROWBRIDGE AND GROVES FARM, LLC
PAGE 10
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.
PC Aw\R\--ts
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SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, November 19, 2019
EXHIBIT
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: Bruce Johnson. Elijah Hatch. Gene Stille. Lonnie Ford, Michael Wailes, Richard Beck, Skip
Holland. Tom Cope.
Also Present- Michael Hall. Angela Snyder. Maxwell Nader. and Tom Parko, Department of Planning
Services: Lauren Light. Department of Health: Evan Pinkham and Mike McRoberts, Public Works, Bob
Choate, County Attorney, and Kris Ranslem, Secretary.
CASE NUMBER
APPLICANT
PLANNER
REQUEST
LEGAL DESCRIPTION
LOCATION
USR19-0049
NATHAN TROWBRIDGE AND GROVES FARM. LLC
MICHAEL HALL
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 IN THE COMMERCIAL OR INDUSTRIAL
ZONE DISTRICTS (OUTDOOR STORAGE OF RVS. ATVS, BOATS. CAMPERS.
TRAILERS, AND VEHICLES) 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.
AMENDED SUBDIVISION EXEMPTION 1AMSUBX19-08-1128: BEING A PART
OF THE S2 OF SECTION 34. T7N. R65W OF THE 6TH P.M.. WELD COUNTY.
COLORADO.
NORTH OF AND ADJACENT TO CR 74, APPROXIMATELY 0.44 MILES EAST
OF CR 43.
Gene Stille and Bruce Johnson noted that they know the applicants but feel they can be impartial in this
case. The Planning Commission had no concerns.
Michael Hall. Planning Services. presented Case USR19-0049, reading the recommendation and
comments into the record. The Department of Planning Services recommends denial of this application
based on incompatibility of the proposed business with the comprehensive plan and surrounding property
owners letters. Mr. Hall noted that there were three (3) letters in opposition to the storage facility received
from surrounding property owners outlining concerns decreasing property value, visual nuisances,
possibility of the site becoming a junkyard, not being properly maintained. request for screening and blowing
trash. Should the Planning Commission recommend approval, Staff recommended that the conditions of
approval and development standards in the staff report be included.
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.
Nathan Trowbridge. 21543 CR 74. Eaton, Colorado. understands the concerns that this facility will be taking
agricultural land out of production, however, there is currently no irrigation water on this property and it has
a dry up covenant in place. He added that it is grass pasture and is not eligible for CRP.
Mr. Trowbridge stated that the land that they are purchasing provides a buffer from other landowners in the
area. He said that the storage facility provides a means to financially own and maintain the land. In regard
to the surrounding property owner letters, two of which are absentee with one being a farm and the other
is a rental property. The third property owner is a farmer. All three mention the concern of the trash and
lack of upkeep. Mr. Trowbridge said that he believes their concern is in regard to the rental property that is
east of their residence. He added that he has also made complaints as well to the owner of the property
with regard to the trash.
Mr. Trowbridge believes it is a good business plan that benefits Weld County. He added that it is dose to
Eaton and the property is not an active farm or being used for agricultural purposes. The Weld County
Code prefers to have a business likes this off of a main roadway rather than driving through farmland or
less maintained roads, per Section 22-2-100.
Commissioner Cope referred to the property east of his site and asked if it is owned by the Groves Farm.
LLC. Mr Trowbridge said that it is owned by the Groves Farm. LLC and that the renters who allowed the
property to get that bad have since moved out and the property is looking better.
Commissioner Wailes said that there were some changes to the County Code that this type of facility is no
longer eligible as a Use by Special Review. Mr. Hall said that Ordinance 2019-02 was effective July 25.
2019 and removes this category allowing a commercial or industrial use as long as it was outside a
subdivision to be an allowed use and considered as a USR. Mr. Hall stated that this code change is not
the reason for this denial since this application was received prior to July 25. 2019.
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.
Commissioner Beck asked to hear some reasons why they shouldn't approve this case. Commissioner
Johnson said that he has been talking about the nonagricultural activities in the County for a long time. He
added that it is a transition situation with less impact to some other things that they have approved before.
He is willing to allow this to fall under the previous code with the other items that have less impact.
Motion: Forward Case USR19-0049 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 Bruce Johnson. Seconded by Richard Beck.
Commissioner Stille referred to Section 23-2-220.A.1 and Section 23-2-220.A.3 and said that he is familiar
with this property and doesn't recall that this land was farmed. He added that the highest and best use of
the property along with the way the Trowbidges take care of their properties. he believes the facility is
compatible with the surrounding area.
Commissioner Wailes said that he is not a fan of the code changes that took place in July with removing
this use from the agricultural zone. In this particular instance, this land doesn't have any water on it and to
try and preserve it as agricultural land becomes very difficult. He referred to Section 22-2-20.A.2 Policy 1.2
to support the development of creative policies for landowners to voluntarily conserve agricultural land and
added that the fact that they are not going to use all of the land for this storage facility and use some of it
for possible agricultural use, this provides them the income to be able to do that. He believes that is where
the code changes were short sided because they looked at some specific geographically based instances
and in doing so they jeopardized the smaller farms and small tracts of land that people would like to keep
agricultural as best they can.
Commissioner Cope referred to Section 22-2-20.G.2 A.Policy 7.2 regarding conversion of agricultural land
and added if it is not productive agricultural land for quite a while. in his opinion there really isn't a
conversion. He added that now you are going to put something on the property that will control the weeds
and other things that you are fighting and dealing with. In regard to Section 23-2-220.A.3 the uses will not
be compatible with the existing surrounding land uses. Mr. Cope said that he doesn't think these types of
storage units are a very high impact and there are three properties in disagreement with allowing this use
of which two of them have already gone to their own kind of business by renting out the place and no longer
living there themselves. He said that because they have made the choice to make it almost a business on
their end they are trying to preclude these people to make their land a business. Mr. Cope stated that he
believes this is compatible with the area.
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The Chair called for the vote.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 8).
Yes: Bruce Johnson, Elijah Hatch, Gene Stille, Lonnie Ford, Michael Wailes, Richard Beck, Skip Holland,
Tom Cope.
Commissioner Wailes stated that he believes the applicant has shown that they are able to meet the seven
items in Section 23-2-220.A and included his previous comments referring to Section 22-2-20.A.2 Policy
1.2.
Meeting adjourned at 3:26 pm.
Respectfully submitted, 4
Kristine Ranslem
Secretary
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