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Home My WebLink About20190554.tiffEXHIBIT BEFORE THE WELD COUNTY. COLORADO. PLANNING COMMISSION S 1,454V3 -/OS f=l RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Gene Stifle, 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 USR18-0108 DANNY DORRANCE JR AND CASSANDRA DORRANCE 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 (TRUCK AND EQUIPMENT PARKING AND STORAGE FOR CONCRETE BUSINESS) 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 D REC EXEMPT RECX18-0023, PART NE4 SECTION 4 T7N, R67W OF THE 6TH P.M.. WELD COUNTY COLORADO. WEST OF AND ADJACENT TO CR 19 SOUTH OF AND ADJACENT TO CR 86. 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 -- That the proposal is consistent with Chapter 22 of this Code and any other applicable code provision or ordinance in effect. Section 22-2-10.F Land use policies should support a high -quality rural character which respects the agricultural heritage and traditional agricultural land uses of the County, as agricultural lands are converted to other uses (excluding urban development). Rural character in the County includes those uses which provide rural lifestyles, rural -based economies and opportunities to both live and work in rural areas. The natural landscape and vegetation predominate over the built environment. Agricultural land uses and development provide the visual landscapes traditionally found in rural areas and communities. The proposed facility is consistent with the land use policies defined in Section 22-2-10.F of the Comprehensive Plan. The proposed use will use only a small corner of the property. Workshops are common in the agricultural zone. The applicants are proposing to build a home on the property in the future. which will allow them to run their business from their home. Section 22-2-20.G(2) A.Policy 7.2. Conversion of agricultural land to nonurban residential, commercial and industrial uses should be accommodated when the subject site is in an area that can support such development and should attempt to be compatible with the region. The proposed shop will be located near utilities. leaving the remainder of the property open for pastureland. The applicants have agreed to install treed landscaping to screen commercial uses from the closest neighbor. The proposed 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. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A (Agricultural) Zone District. Section 23-3-10. — Intent. of the Weld County Code states. "The A (Agricultural) Zone District is also intended to provide areas for the conduct of Uses by Special Review which have been RESOLUTION USR18-0108 DANNY DORRANCE JR AND CASSANDRA DORRANCE PAGE 2 determined to be more intense or to have a potentially greater impact than Uses Allowed by Right. This code section allows the applicant to apply for a Use by Special Review permit for the subject business which is more intense than Uses Allowed by Right. The proposed use is permitted under Section 23-3-40.S., which allows 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 in the A (Agricultural) Zone District C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing surrounding land uses. There are three Use by Special Review permits within one mile of the site, SUP -380 (230 kV electrical lines), USR-1466 (Home Business — Construction), and USR-607 (Animal Research Facility). Electrical lines are adjacent to the southern property line. The home business is located approximately 700 feet east of the property boundary. across County Road 86. Three (3) phone calls were received from two Surrounding Property Owners with concerns of having a commercial business being located too close to his house. The applicants are in communication with one neighbor and have agreed to install a treed landscaped buffer and to maintain the shared access road. 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. This site is located within the both the Timnath and Severance Intergovernmental Agreement areas. No responses were received back. The site is located approximately 1.3 miles from the Town of Severance limit. The current Severance Future Land Use Map does not include the subject property. Section 23-2-220.A.5 -- The application complies with Chapter 23. Articles V and Xl. of the Weld County Code. The site is not in a floodplain. geohazard area. MS4 area or 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 land designated as "Other Land per the 1979 Soil Conservation Service Important Farmlands of Weld County Map. No prime agricultural or irrigated land is affected by this proposal. 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. RESOLUTION USR18-0108 DANNY DORRANCE JR AND CASSANDRA DORRANCE PAGE 3 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 Road Maintenance Agreement is required at this location. Road maintenance includes, but is not limited todust control and damage repair to specified haul routes. (Department of Public Works) B. A Final Drainage Report and Certification of Compliance stamped and signed by a Professional Engineer registered in the State of Colorado is required. (Department of Public Works) C. The map shall be amended to delineate the following 1. All sheets of the map shall be labeled USR18-0108 (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. Show and label the areas for commercial storage/parking and employee parking. (Department of Planning Services) 5. Show and label the approved landscaping and screening. (Department of Planning Services) 6. Show and label the location of the portable toilets. (Department of Planning Services) 7. Show and label the location of the trash collection areas. Section 23-3-250.A.6. of the Weld County Code addresses the issue of trash collection areas. (Department of Planning Services) 8. If applicable. 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) 9. If applicable. the map shall delineate the lighting. All lighting shall be shielded so that light rays will not shine directly onto adjacent properties in accordance with the Dark Sky Standard. (Department of Planning Services) 10. 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) 11. 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) 12 County Road 86 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 on the site plan the existing 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) 13. County Road 86 Section Line is shown to have 60 feet of unmaintained section line right- of-way per the Weld County GIS right-of-way map. The applicant shall delineate the RESOLUTION USR18-0108 DANNY DORRANCE JR AND CASSANDRA DORRANCE PAGE 4 existing right-of-way on the site plan. Show and label the section line Right -of -Way as "CR 86 Section Line Right -Of -Way. not County maintained_' All setbacks shall be measured from the edge of right-of-way. (Department of Public Works) 14. County Road 19 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 on the site plan the existing 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) 15. 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) 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 accepted drainage features and drainage flow arrows. Stormwater ponds should be labeled as "Stormwater Detention. No -Build or Storage Area and shall include the calculated volume. (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) 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 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 maps@co.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. Prior to the issuance of the Certificate of Occupancy. RESOLUTION USR18-0108 DANNY DORRANCE JR AND CASSANDRA DORRANCE PAGE 5 A. An on -site waste -water treatment system is required for the proposed facility and shall be installed according to the Weld County On -site Waste -water Treatment System (O.W.T.S.) Regulations. The septic system is required to be designed by a Colorado Registered Professional Engineer according to the Weld County O.W.T.S. Regulations. (Department of Building Inspection) 7. 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 Lonnie Ford. VOTE For Passage Bruce Johnson Bruce Sparrow Michael Wailes Tom Cope Gene Stille Lonnie Ford Richard Beck Against Passage Absent Elijah Hatch Skip Holland 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 January 15. 2019. Dated the 15th of January, 2019 JIM:zhd& of uka- Michelle Wall Secretary RESOLUTION USR18-0108 DANNY DORRANCE JR AND CASSANDRA DORRANCE PAGE 6 SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Danny M. and Cassandra L. Dorrance USR18-0108 A Site Specific Development Plan and Use by Special Review Permit, USR18-0108. 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 (truck and equipment parking and storage for concrete business) 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 number of commercial vehicles shall be limited to sixteen (16) commercial vehicles. 4. The hours of operation are 6:00 a.m. — 6:00 p.m. Monday — Sunday. (Department of Planning Services) 5. The number of on -site employees shall be eight (8). (Department of Planning Services) 6. The business development envelope shall be limited to the four (4) acres. as defined on the USR Map. 7. The parking area on the site shall be maintained. (Department of Planning Services) 8. All signs shall adhere to Chapter 23. Article IV. Division 2 and Appendices 23-C, 23-D and 23-E of the Weld County Code. (Department of Planning Services) 9. The proposed and existing landscaping/screening on the site shall be maintained. (Department of Planning Services) 10. Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties where such would cause a nuisance or interfere with the use on the adjacent properties in accordance with the plan. Neither the direct. nor reflected, light from any light source may create a traffic hazard to operators of motor vehicles on public or private streets. No colored lights may be used which may be confused with, or construed as. traffic control devices. (Department of Planning Services) 11. 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) 12. 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) 13. 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) 14. 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) 15. The 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) RESOLUTION USR18-0108 DANNY DORRANCE JR AND CASSANDRA DORRANCE PAGE 7 16. Adequate drinking. 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. (Department of Public Health and Environment) 17. Any septic system located on the property must comply with all provisions of the Weld County Code, pertaining to On -site Wastewater Treatment Systems. (Department of Public Health and Environment) 18. A permanent. adequate water supply shall be provided for drinking and sanitary purposes as applicable. (Department of Public Health and Environment) 19. 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) 20. 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) 21. 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) 22. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized. (Department of Public Works) 23. 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) 24. The Property Owner shall comply with all requirements provided in the executed Road Maintenance Agreement. (Department of Public Works) 25. 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) 26. Access will be along unmaintained County right-of-way and maintenance of the right-of-way will not be the responsibility of Weld County. (Department of Public Works) 27. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Public Works) 28. Weld County is not responsible for the maintenance of onsite drainage related features. (Department of Public Works) 29. Building permits may be required_ per Section 29-3-10 of the Weld County Code. Currently. the following have been adopted by Weld County 2018 International Codes. 2006 International Energy Code. and 2017 National Electrical Code. A Building Permit Application must be completed and two (2) complete sets of engineered plans bearing the wet stamp of a Colorado registered architect or engineer must be submitted for review. A Geotechnical Engineering Report performed by a Colorado registered engineer shall be required or an Open Hole Inspection. (Department of Building Inspection) 30. The property owner or operator shall be responsible for complying with the Design and Operation Standards of Chapter 23 of the Weld County Code. 31. 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. RESOLUTION USR18-0108 DANNY DORRANCE JR AND CASSANDRA DORRANCE PAGE 8 32. 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. 33. 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. 34. 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. 35. 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. RESOLUTION USR18-0108 DANNY DORRANCE JR AND CASSANDRA DORRANCE PAGE 9 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 1lnwk-s 051 19 SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING Tuesday. January 15. 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 Absent: Elijah Hatch, Skip Holland. Also Present. Kim Ogle, Chris Gathman. Diana Aungst. Michael Hall. Angela Snyder, Department of Planning Services. Lauren Light and Ben Frissell. Department of Health. Evan Pinkham, Mike McRoberts and Hayley Balzano. Public Works. Frank Haug. County Attorney, and Michelle Wall. Secretary. Motion: Approve the December 18. 2018 Weld County Planning Commission minutes. Moved by Gene Stifle. Seconded by Bruce Sparrow. Motion passed unanimously. CASE NUMBER USR18-0108 APPLICANT DANNY DORRANCE JR AND CASSANDRA DORRANCE PLANNER ANGELA SNYDER REQUEST 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 (TRUCK AND EQUIPMENT PARKING AND STORAGE FOR CONCRETE BUSINESS) 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. LEGAL DESCRIPTION LOT D REC EXEMPT RECX18-0023. PART NE4 SECTION 4. T7N. R67W OF THE 6TH P M.. WELD COUNTY COLORADO_ LOCATION WEST OF AND ADJACENT TO CR 19, SOUTH OF AND ADJACENT TO CR 86. Angela Snyder. Planning Services. presented Case USR18-0108, reading the recommendation and comments into the record. Staff received three phone calls from surrounding property owners asking for more information about the project. Yesterday, staff received a letter from the adjacent neighbor who expressed concern about the proximity of the vehicles to his home since the proposed shop may be within 200 yards from his home. Another letter was received from a neighbor who expressed concern of a commercial business not being compatible with the residential neighborhood. The Department of Planning Services recommends approval of this application with the attached conditions of approval and development standards. Evan Pinkham. Public Works. reported on the existing traffic, access to the site and drainage conditions for the site. Ben Frissell. Environmental Health. reviewed the public water and sanitary sewer requirements, on -site dust control, and the Waste Handling Plan. Danny and Cassandra Dorrance. 35070 Cornerstone Way Windsor. Colorado. Mr. Dorrance said they own and operate D & D Concrete. They do flat work such as basements, garages. and driveways. He explained no work will be done on site. The site will be used to store his trucks, skid steers and trailers. The foremen will arrive onsite in the morning to pick up company vehicles and any materials they may need. They will return at the end of the day to drop the company vehicle off and pick up their personal vehicle to take home. Commissioner Johnson asked the applicant why they chose this location in such a remote area instead of closer to where they work. The applicant explained their decision was based on the cost of the land and the high rent he is paying for his current location. Mr. Dorrance said they plan to live on the property in the future. Commissioner Beck asked the applicant how many acres the property was. The applicant replied 121 acres. Commissioner Cope asked the applicant which towns most of their work is done. The applicant replied they mostly work in Northern Colorado including towns such as Windsor. Severance. Eaton. Loveland and Timnath. The Chair asked if there was anyone in the audience who wished to speak for or against this application_ Les Galvin. 40719 Remington Road, Ft. Collins. Colorado. Mr. Galvin said he owns the property across the road. He is concerned about the broad description of the USR and would like to make sure there are regulations in place to keep the area from becoming industrial. Ms. Snyder stated that a Development Standard can be added to limit the amount of trucks and vehicles allowed on the property. The applicant said he currently has 4 crews with 5 vehicles but wants to allow room for growth of the business. Mr. Dorrance would like to request a total of 16 vehicles on the property. He explained his plan was to keep the shop and trucks in an area just shy of one acre so he does not have to get a grading permit. Mr. Dorrance plans on keeping most of the trucks in the shop. He also plans to fence and screen the area. Commissioner Johnson asked the applicant if their house will be in the area of the business. The applicant said it would not. Motion: Add a new Development Standard to limit commercial vehicles to 16. as requested by the applicant. Moved by Bruce Johnson. Seconded by Tom Cope. Motion carried unanimously. Commissioner Johnson asked what the size of the area is that is being permitted. Mr. Dorrance said it would be 208 x 208". just shy of one acre. Commissioner Sparrow asked for clarification that the applicant didn't plan to park any vehicles outside of that 208" x 208' area. Mr. Dorrance explained he was requesting that because he didn't want to get a grading permit. Commissioner Sparrow explained the applicant would only need a grading permit if he leveled the whole acre. Commissioner Cope said that parking a vehicle on undisturbed land would not need to be graded. Commissioners Sparrow and Cope suggested the applicant not limit himself to such a small area. Mr. Dorrance said he would like to have 4 acres available for growth of the business but fence an acre for now. Motion: Add a new Development Standard to limit the business development envelope to 4 acres. as requested by the applicant. Moved by Bruce Johnson. Seconded by Richard Beck. Motion carried unanimously. The Chair asked the applicant if they have read through the amended Development Standards and Conditions of Approval and if they are in agreement with those. The applicant replied that they are in agreement. Motion: Forward Case USR18-0108 to the Board of County Commissioners along with the amended Conditions of Approval and Development Standards with the Planning Commissions recommendation of approval. Moved by Gene Stille. Seconded by Lonnie Ford. Vote: Motion carried by unanimous roll call vote (summary: Yes = 7). Yes: Bruce Johnson, Bruce Sparrow. Gene Stille, Lonnie Ford. Michael Wailes. Richard Beck. Tom Cope. Commissioner Wades said he feels the staff and applicant have shown they can fulfill all 7 criteria of County Code Section 23-2-220. The Chair asked the public if there were other items of business that they would like to discuss. Les Galvin. 40719 Remington Road. Ft. Collins. Colorado. Mr. Galvin asked the Planning Commission if USR18-0108 covers the entire 121 acres, would that affect Mr. Dorrance from being able to build a home on the property later. The Planning Commission explained it would not. Meeting adjourned at 5:05 pm. 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