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Home My WebLink About20190678.tiffEXHIBIT BEFORE 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: USR18-0091 B&A TRUST, C/O KITZMAN ELECTRIC, INC. KIM OGLE A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT FOR A SINGLE-FAMILY DWELLING UNIT PER LOT OTHER THAN THOSE PERMITTED UNDER SECTION 23-3-20 A. AND A USE PERMITTED AS A USE BY RIGHT, AN ACCESSORY USE, OR A USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS (AN ELECTRIC CONTRACTOR 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 B REC EXEMPT RE -80: PART SE4SE4 SECTION 34, T4N, R66W OF THE 6TH P.M., WELD COUNTY. COLORADO. NORTH OF AND ADJACENT TO CR 38 AND WEST OF AND ADJACENT TO CR 33. 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.k1. -- The proposed use is consistent with Chapter 22 and any other applicable code provisions or ordinance in effect. Section 22-2-20.G - A.Goal 7 states, "County land use regulations should protect the individual property owner's right to request a land use change." And 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 applicant is requesting a Use by Special Review permit for an electric contractor business on land that is also his personal residence. The property owner will employ eleven (11) persons who will access the property in the morning, park their vehicles and leave in a company owned vehicles. Hours of operation are 7:00 a.m. to 7:00 p.m. Monday thru Saturday with availability for 24 hours on call to answer emergency conditions. The existing landscaping on the site consists of grasses with plants and trees. Section 23-2-240.A.10 states "Buffering or screening of the proposed use from adjacent properties may be required in order to make the determination that the proposed use is compatible with the surrounding uses." The proposed use is in an area that can support this development and the existing and 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 22-2-20.G.7 - A. Policy 7.3 states. -Conversion of agricultural land to urban residential, commercial and industrial uses should be considered when the subject site is located inside an Intergovernmental Agreement area, Urban Growth Boundary area. Regional Urbanization Area or Urban Development Nodes. or where adequate services are currently available or reasonably obtainable. A municipality's adopted comprehensive plan should be considered, but should not RESOLUTION USR18-0091 B&A TRUST, C/O KITZMAN ELECTRIC, INC. PAGE 2 obtainable. A municipality's adopted comprehensive plan should be considered, but should not determine the appropriateness of such conversion." This site is located within the Intergovernmental Agreement and Coordinated Planning Area for the municipality of Platteville and is located within three miles of the Towns of Platteville and Gilcrest. The Town of Platteville Notice of Inquiry dated July 17, 2018 stating "The Town is not interested in annexing the property. It is well outside the Urban Growth Boundary and the Three Mile Area Plan." The Town also returned a referral dated September 7, 2018 indicating they found no conflicts with their interests. The Town of Gilcrest did not return a referral request. Section 22-2-20.H.8 - A.Policy icy 8.5. states, "The land use applicants should demonstrate that public service providers, such as but not limited to schools, emergency services and fire protection, are informed of the proposed development and are given adequate opportunity to comment on the proposal." The applicant is requesting a USR permit for two (2) single-family dwellings on one parcel. The applicant indicates that Central Weld County Water District provides water service to both residences through residential Tap No. 3036. Both residences on the property are serviced by the same existing onsite wastewater treatment system which is permitted for 3 bedrooms (G19771468). An engineer review is required and if the system is inadequate a repair permit must be submitted, and the system shall be brought up to current requirements. Portable toilets and bottled water can be used for employees who are on site for 2 consecutive hours or less and 2 or less full-time employees on site. The application indicates a portable toilet would be used for the business which is acceptable with Environmental Health policy. The Conditions of Approval and Development Standards ensure that there are adequate services and facilities available. The USR request was sent to twelve (12) referral agencies, including municipalities within three miles and the fire district. The referral agencies had 28 days to review this USR and most of them submitted response of `no concerns' with the rest submitting comments or conditions that are incorporated as Conditions of Approval or Development Standards in the staff recommendation. B. Section 23-2-220.A.2. -- The proposed use is consistent with the intent of the A (Agricultural) Zone District. Section 23-3-40.M. which allows fora Site Specific Development Plan and Use by Special Review Permit for one (1) single-family dwelling unit per lot other than those permitted under Section 23-3-20.A.. (second single-family dwelling unit) and Section 23-3-40.S. which allows for a Site Specific Development Plan and Use by Special Review Permit for a Use permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the Commercial or Industrial Zone Districts (Landscape Maintenance Business) provided that the property is not a lot in an approved or recorded subdivision plat or lots part of a map or plan filed prior to adoption of any regulations controlling subdivisions in the A (Agricultural) Zone District. Section 23-3-10 - Intent states, "The A (Agricultural) Zone District is also intended to provide areas for the conduct of uses by Special Review which have been determined to be more intense or to have a potentially greater impact than uses Allowed by Right." The proposed USR is in an area that can support this development and the Development Standards and the Conditions of Approval will assist in mitigating the impacts of the facility on the adjacent properties and ensure compatibility with surrounding land uses and the region. C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing surrounding land uses. The adjacent lands consist of dryland agriculture, irrigated production agriculture and rural residences. There are thirty-one (31) houses within approximately 1 -mile of the property with the nearest residences being approximately ninety-three (93) feet north; one hundred twenty-one (121) feet east and two hundred thirty-eight (238) feet south of the property line. There are several USRs within one mile of this site. USR17-0049 for a high-pressure natural gas RESOLUTION USR18-0091 B&A TRUST, C/O KITZMAN ELECTRIC, INC. PAGE 3 pipeline, USR-958 for a ten -inch gas line located to the north and west; 5MJUSR17-83-0542 for the DCP Mewbourn Gas Plant, USR12-0009 for a non -1041 major facility of a public utility and USR- 1018 for oil and gas storage of equipment. To the south are USR18-0018 for the Anadarko Latham Gas Plant and USR-888 for a single-family dwelling. The Weld County Department of Planning Services has not received phone calls or correspondence from the surrounding property owners or interested persons regarding this Use by Special Review. 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 Intergovernmental Agreement and Coordinated Planning Area for the municipality of Platteville and is located within three miles of the Towns of Platteville and Gilcrest. The Town of Platteville Notice of Inquiry dated July 17, 2018 stated "The Town is not interested in annexing the property. It is well outside the Urban Growth Boundary and the Three Mile Area Plan." The Town also returned a referral dated September 7, 2018 indicating they found no conflicts with their interests. The Town of Gilcrest did not return a referral request. E. Section 23-2-220.A.5 -- The application complies with Chapter 23, Articles V and XI, of the Weld County Code. The site is not in the MS4, Floodplain, Geologic Hazard or the Airport Overlay Districts. Building Permits issued on the lot will be required to adhere to the fee structure of the County -Wide Road Impact Fee, County Facility Fee and Drainage Impact Fee Programs. F. Section 23-2-220.A.6 -- The applicant has demonstrated a diligent effort to conserve prime agricultural land in the locational decision for the proposed use. The proposed business is located on soil designated as "Other" per the 1979 Soil Conservation Service Important Farmlands of Weld County Map. There are no new structures proposed so the USR will not take any Prime (Irrigated) Farmland out of production. G. Section 23-2.220.A.7 -- There is adequate provisions for the protection of the health, safety, and welfare of the inhabitants of the neighborhood and County. The Design Standards (Section 23-2-240, Weld County Code), Operation Standards (Section 23-2- 250, Weld County Code), Conditions of Approval and Development Standards can ensure that there are adequate provisions for the protection of health, safety, and welfare of the inhabitants of the neighborhood and County. This recommendation is based, in part, upon a review of the application materials submitted by the applicant, other relevant information regarding the request, and responses from referral entities. The Planning Commission recommendation for approval is conditional upon the following: 1. Prior to recording the map: A. The on -site wastewater treatment system permitted as G19771468 shall be reviewed by a Colorado registered professional engineer to ensure adequacy for the addition of the second residence. In the event the system is found to be inadequately sized or constructed, the system shall be brought into compliance with current regulations (Department of Public Health and Environment) B. The map shall be amended to delineate the following: RESOLUTION USR18-0091 B&A TRUST, C/O KITZMAN ELECTRIC, INC. PAGE 4 1) All sheets of the map shall be labeled USR18-0091. (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) The applicant shall delineate 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) If applicable, 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) 6) The map shall delineate the lighting, incorporating Dark Sky policy, if applicable. (Department of Planning Services) 7) The applicant shall delineate the screened outdoor storage area for electrical contractor's equipment and materials including company vehicles. (Department of Planning Services) 8) County Road 33 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) 9) County Road 38 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) 10) Show and label the approved access locations, approved access width and the appropriate turning radii (60') on the site plan. The applicant must obtain an access permit in the approved location(s) prior to construction. (Department of Public Works) 11) Show and label the entrance gate if applicable. An access approach that is gated shall be designed so that the longest vehicle (including trailers) using the access can completely clear the traveled way when the gate is closed. In no event, shall the distance from the gate to the edge of the traveled surface be less than 35 feet. (Department of Public Works) 12) The applicant shall show the drainage flow arrows. (Department of Public Works) 13) Show and label the parking. (Department of Public Works) 2. Prior to Construction: A. If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required. (Department of Public Works) 3. 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. RESOLUTION USR18-0091 B&A TRUST, C/O KITZMAN ELECTRIC, INC. PAGE 5 (Department of Planning Services) 4. 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) 5. 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 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) Motion seconded by Bruce Sparrow. VOTE: For Passage Bruce Sparrow Michael Wailes Tom Cope Gene Stille Lonnie Ford Richard Beck Elijah Hatch Skip Holland Against Passage Absent Bruce Johnson 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 February 5, 2019. Dated the 5th of February, 2019 46ieein&laano(en,, Kristine Ranslem Secretary RESOLUTION USR18-0091 B&A TRUST, C/O KITZMAN ELECTRIC, INC. PAGE 6 SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS B & A Trust - Ben Kitzman USR18-0091 1. A Site Specific Development Plan and Use by Special Review Permit, USR18-0091, for a Single -Family Dwelling unit per lot other than those permitted under Section 23-3-20 A. and a use permitted as a Use By Right, an Accessory Use, or a Use By Special Review in the Commercial or Industrial Zone Districts (an electric contractor 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 hours of operation are 7:00 a.m. to 7:00 p.m. Monday thru Saturday with emergency service calls taken 24 hours a day, seven days a week. (Department of Planning Services) 4. The number of employees shall be eleven (11) as stated in the application. (Department of Planning Services) 5. The parking area on the site shall be maintained. (Department of Planning Services) 6. 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) 7. The visual mitigation and screening on the site for the electrical contractor's equipment and materials including company vehicles and any port -a -let shall be maintained. (Department of Planning Services) 8. The property owner shall control noxious weeds on the site. (Department of Public Works) 9. The access on the site shall be maintained to mitigate any impacts to the public road including damages and/or off -site tracking. (Department of Public Works) 10. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized. (Department of Public Works) 11. 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) 12. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Public Works) 13. 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) 14. 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) 15. 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) RESOLUTION USR18-0091 B&A TRUST, C/O KITZMAN ELECTRIC, INC. PAGE 7 16. 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) 17. This facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone as delineated in Section 14-9-30 of the Weld County Code. (Department of Public Health and Environment) 18. A permanent, adequate water supply shall be provided for drinking and sanitary purposes. (Department of Public Health and Environment) 19. 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) 20. In the event the applicant intends to utilize the existing septic system at the home, for business use, the septic system shall be reviewed by a Colorado registered professional engineer. The review shall consist of observation of the system and a technical review describing the system's ability to handle the proposed hydraulic load. The review shall be submitted to the Environmental Health Services Division of the Weld County Department of Public Health and Environment. In the event the system is found to be inadequately sized or constructed, the system shall be brought into compliance with current regulations. (Department of Public Health and Environment) 21. 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. Portable toilets shall be screened from public view. (Department of Public Health and Environment) 22. 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) 23. 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) 24. A building permit may be required, per Section 29-3-10 of the Weld County Code. Currently the following has been adopted by Weld County: 2018 International Codes; 2006 International Energy Code; 2017 National Electrical Code; A building permit application must be completed and two 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 registered State of Colorado engineer shall be required or an open hole inspection. (Department of Building Inspection) 25. 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. 26. 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. RESOLUTION USR18-0091 B&A TRUST, C/O KITZMAN ELECTRIC, INC. PAGE 8 27. 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. 28. 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 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. 29. 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. People are exposed to different hazards in the County than in an urban or suburban setting. Farm RESOLUTION USR18-0091 B&A TRUST, C/O KITZMAN ELECTRIC, INC. PAGE 9 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. -PG rn\noeS ei_\o 5\to SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING Tuesday, February 5, 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 10:05 am. Roll Call. Present: Bruce Sparrow, Elijah Hatch, Gene Stille, Lonnie Ford, Michael Wailes, Richard Beck, Skip Holland, Tom Cope. Absent/Excused: Bruce Johnson. Also Present: Kim Ogle, Chris Gathman, Michael Hall, Angela Snyder, Department of Planning Services; Lauren Light and Ben Frissell, Department of Health; Hayley Balzano and Mike McRoberts, Public Works; Bruce Barker, County Attorney, and Kris Ranslem, Secretary. CASE NUMBER: APPLICANT: PLANNER: REQUEST: LEGAL DESCRIPTION: LOCATION: USR18-0091 B&A TRUST, C/O KITZMAN ELECTRIC, INC. KIM OGLE A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT FOR A SINGLE-FAMILY DWELLING UNIT PER LOT OTHER THAN THOSE PERMITTED UNDER SECTION 23-3-20 A. AND A USE PERMITTED AS A USE BY RIGHT, AN ACCESSORY USE, OR A USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS (AN ELECTRIC CONTRACTOR 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 B REC EXEMPT RE -80; PART SE4SE4 SECTION 34, T4N, R66W OF THE 6TH P.M., WELD COUNTY. COLORADO. NORTH OF AND ADJACENT TO CR 38 AND WEST OF AND ADJACENT TO CR 33. Kim Ogle, Planning Services, presented Case USR18-0091, 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. Mr. Ogle noted that Staff is requesting two (2) amendments to the Planning Commission Resolution. Hayley Balzano, Public Works, reported on the existing traffic, access to the site and drainage conditions for the site. Ms. Balzano added that the existing access widths do not meet the Code criteria. Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site dust control, and the Waste Handling Plan. Ms. Light requested the addition of "Portable toilets shall be screened from public view" to the last sentence in Development Standard 20. The Chair asked Mr. Ogle for his suggested changes to the Resolution. Mr. Ogle requested to include a new Condition of Approval 1.B.7 to read "The applicant shall delineate the screened outdoor storage area for electrical contractor's equipment and materials including company vehicles" and renumber accordingly. The second request is to add a new Development Standard 7 to read "The visual mitigation and screening on the site for the electrical contractor's equipment and materials including company vehicles and port -a - let shall be maintained" and renumber accordingly. Tim Naylor, AGPROfessionals, 3050 67th Avenue, Greeley, Colorado, stated that he is representing the applicants. Mr. Naylor said that this request is for an existing business operating on the site since 1979. It includes a shop for the Kitzman Electric Facility that would have an office, storage area and parking of company vehicles. He added that the request is also for a second single-family dwelling that is part of one of the existing shops located on site. 1 Mr. Naylor said that the 10 full-time employees will arrive in the morning and then leave for the day. There will be one (1) part-time office employee at the shop during the day. 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 referred to the recommended changes to the Resolution by Staff. Mr. Ogle read the changes into the record. Motion: Amend the Resolution to include the changes recommended by Mr. Ogle, Moved by Elijah Hatch, Seconded by Gene Stille. Motion carried unanimously. Motion: Amend Development Standard 20, as recommended by Ms. Light, Moved by Tom Cope, Seconded by Bruce Sparrow. Motion carried unanimously. Commissioner Wailes referred to Development Standard 3 which set the hours of operation from 7 am to 7 pm Monday through Saturday, but there is a contingency with emergency calls 24 hours a day, 7 days a week. He is concerned that it is loosely defined. He asked if this is adequately stated. Mr. Naylor said that the last County Commissioner hearings he has attended they have actually removed that condition because of the intent that there is an emergency outside of the hours of operation and then they would be in violation of that. He said that they are in support of stating that it is a 24/7 operation or striking the development standard. Bruce Barker, County Attorney, said that if you want to make it clear that it is 24 hours a day, 7 days a week, then what is currently stated covers that. 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 USR18-0091 to the Board of County Commissioners along with the amended Conditions of Approval and Development Standards with the Planning Commission's recommendation of approval, Moved by Tom Cope, Seconded by Bruce Sparrow. Vote: Motion carried by unanimous roll call vote (summary: Yes = 8). Yes: Bruce Sparrow, Elijah Hatch, Gene Stille, Lonnie Ford, Michael Wailes, Richard Beck, Skip Holland, Tom Cope. Meeting adjourned at 1:30 pm. Respectfully submitted, Kristine Ranslem Secretary 2 ATTENDANCE RECORD NAME - PLEASE PRINT LEGIBLY ADDRESS ,EMAIL John Doe 123 Nowhere Street, City, State, Zip rasa I s ft Air, l .i. 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