HomeMy WebLinkAbout20190398.tiffBEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Gene Stille, 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:
USR18-0092
EDDIE WRIGHT, BRITTANY WRIGHT & RITA GIANT
KIM OGLE
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 (VEHICLE REPAIR AND SERVICE, AUTOMOTIVE BODY SHOP),
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.
LOT A REC EXEMPT RE -1861, PART E2SW4 SECTION 13, T4N, R66W OF THE
6TH P.M., WELD COUNTY, COLORADO.
NORTH OF AND ADJACENT TO CR 44; WEST OF AND ADJACENT TO CR 35.5.
be recommended favorably to the Board of County Commissioners for the following reasons:
1. The submitted materials are in compliance with the application requirements of Section 23-2-260 of the
Weld County Code.
2. It is the opinion of the Department of Planning Services' staff that the applicant has shown compliance
with Section 23-2-220 of the Weld County Code as follows:
A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other applicable
code provisions or ordinance in effect.
Section 22-2-20.G A.Goal 7. County land use regulations should protect the individual property
owner's right to request a land use change.
The applicant acquired the property in 2018 for the purpose of relocating his residence and business
and to accommodate his extended family. The 4.3 acre parcel has a ranch style residence, and two
outbuildings, with lands to the west utilized for agriculture production, most recently leased to Pioneer
Seed for test plots. The proposed shop is located within one of the two outbuildings. No other site
improvements are proposed.
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 property is located outside of the Town of LaSalle Growth Boundary dated August 2017 and is
also outside of the Town of Gilcrest Framework Plan being a part of the 2012 Comprehensive Plan
Update. The property is located within two miles of the Weld County Industrial Park located south of
County Road 44 and east of County Road 33 and within one mile of a multi -use commercial and
industrial use facility including an automobile restoration business as a tenant, permitted under
MUSR12-0004.
Section 22-2-20.H A.Goal 8. Ensure that adequate services and facilities are currently available or
reasonably obtainable to accommodate the requested new land use change for more intensive
development.
The proposed facility will utilize Central Weld County Water District residential tap number 1065
subject to review by the District for usage. The site is also served by an individual well which is
permitted for domestic use (89427) and a septic system sized for 4 bedrooms (SE -9600079) which
serves the existing residence. If the well will be used for business purposes it will need to be re -
permitted for commercial use. The application indicates there will be 3 full time employees plus the
RESOLUTION USR18-0092
EDDIE WRIGHT, BRITTANY WRIGHT & RITA GRANT
PAGE 2
owner A portable toilet and bottled water are proposed but does not meet Environmental Health
Department policy The existing septic system cannot be utilized for the business unless reviewed by
an engineer The applicant will be working with State and County agencies and departments to
ensure there is adequate water and sanitary services available for the proposed use
Section 22-2-20 I A Goal 9 Reduce potential conflicts between varying land uses in the conversion
of traditional agricultural lands to other land uses
The proposed facility is located within existing structures on land that has historically been a
residence with agricultural support buildings Approximately 3 acres is utilized as an agricultural test
plot for Pioneer seed The character of the site will remain unchanged as the proposed shop will be
located entirely within the existing 4400 SF building Adjacent properties to the west include single
family residences on smaller tracts of land and production agricultural fields located to the north east
and south
Section 22-2-20 15 A Policy 9 5 Applications for a change of land use in the agricultural areas
should be reviewed in accordance with all potential impacts to surrounding properties and referral
agencies Encourage applicants to communicate with those affected by the proposed land use
change through the referral process
The site is located within the three-mile referral area of the City of Evans, Towns of Gilcrest and
LaSalle The City of Evans and Town of Gilcrest did not return a referral response and the Town
of LaSalle in a referral dated October 9, 2018 indicated no concerns Local and State referral
agencies were contacted for their comments concerning this proposed facility and as appropriate,
their comments have been included in the staff recommendation as a condition of approval or a
development standard Planning staff has not received any correspondence or telephone calls
concerning this application
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 S allows for any use permitted as a use by right, an accessory use, or a Use
by Special Review in the commercial zone district, Automotive Body Shop, to be located in the A
(Agricultural) zone district upon approval of a Use by Special Review permit
Agriculture in the County is considered a valuable resource which must be protected from adverse
impacts resulting from uncontrolled and undirected business, industrial and residential land uses
The A (Agricultural) Zone District is established to maintain and promote agriculture as an
essential feature of the County The A (Agricultural) Zone District is intended to provide areas for
the conduct of agricultural activities and activities related to agriculture and agricultural production
without the interference of other, incompatible land uses 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 A
(Agricultural) Zone District regulations are established to promote the health, safety and general
welfare of the present and future residents of the County
C Section 23-2-220 A 3 -- The uses which will be permitted will be compatible with the existing
surrounding land uses
The proposed shop is located within one of the two outbuildings located to the east of the property
There is a plot of land that has historically been leased to Pioneer Seeds to the west of the site
improvements and adjacent to the west are several residential parcels all located to the north of
County Road 44 The property is located within two miles of the Weld County Industrial Park located
south of County Road 44 and east of County Road 33 and within one mile of a multi -use commercial
and industnal use facility including an automobile restoration business as a tenant, permitted under
MUSR12-0004 Surrounding properties to the north east and south are in agncultural production
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
RESOLUTION USR18-0092
EDDIE WRIGHT, BRITTANY WRIGHT & RITA GRANT
PAGE 3
projected by Chapter 22 of the Weld County Code and any other applicable code provisions or
ordinances in effect, or the adopted Master Plans of affected municipalities
The site is located within the three (3) mile referral area of the City of Evans and Towns of Gilcrest
and LaSalle The Town of LaSalle returned a referral dated October 9, 2018 indicating no concerns,
the City of Evans and Town of Gilcrest did not respond to the referral request Planning staff has not
received any correspondence or telephone calls concerning this application
E Section 23-2-220 A 5 -- The application complies with Chapter 23, Articles V and XI, of the Weld
County Code
The property is not within the Special Flood Hazard Area, Geologic Hazard Overlay District or the
Airport Overlay District
Building Permits issued on the lot will be required to adhere to the fee structure of the County -Wide
Road Impact Fee, Program 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 agncultural
land in the locational decision for the proposed use
The proposed facility is located on "Irrigated Land — Not Prime" per the 1979 Soil Conservation
Service Important Farmlands of Weld County Map The property owner will continue to utilize the
land to the west of the site improvements for agricultural 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 Department of Planning Services' staff recommendation for approval is conditional upon the following
1 Prior to recording the USR Map
A The applicant shall address the concerns (requirements) of the Central Weld County Water District
specific to the commercial water usage practices permitted through residential tap number 1065 The
applicant to provide written evidence of compliance with Central Weld County Water District's
requirements or a letter indicating no re -permitting is necessary shall be submitted to the Department
of Planning Services (Department of Planning Services)
B The USR Map shall be amended to delineate the following
1 All sheets of the map shall be labeled USR18-0092 (Department of Planning Services)
2 The attached Development Standards (Department of Planning Services)
3 The map shall be prepared in accordance with Section 23-2-260 D of the Weld County Code
(Department of Planning Services)
4 The applicant shall delineate on the map the trash collection areas Section 23-3-350 H of the
Weld County Code addresses the issue of trash collection areas (Department of Planning
Services)
RESOLUTION USR18-0092
EDDIE WRIGHT, BRITTANY WRIGHT & RITA GRANT
PAGE 4
5 The map shall show the existing landscaping, fencing and/or screening (Department of Planning
Services)
6 The map shall show the existing on -site lighting (Department of Planning Services)
7 All signs shall be shown on the map and shall adhere to Chapter 23, Article IV, Division 2 and
Appendices 23-C, 23-D and 23-E of the Weld County Code (Department of Planning Services)
8 The map shall show the parking area for the vendors, customers and/or employees (Department
of Planning Services)
9 Show and label the existing landscaping and fencing on the property (Department of Planning
Services)
10 County Road 35 % 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)
11 County Road 44 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 on the site plan the future and existing right-of-way All setbacks shall be measured
from the edge of future right-of-way This road is maintained by Weld County (Department of
Public Works)
12 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)
13 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)
14 Show and label all recorded easements on the map by book and page number or reception
number and date on the site plan (Department of Planning Services)
15 The applicant shall show the drainage flow arrows (Department of Public Works)
16 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) paper copy or 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)
RESOLUTION USR18-0092
EDDIE WRIGHT, BRITTANY WRIGHT & RITA GRANT
PAGE 5
4 The Department of Planning Services respectfully requests a digital copy of this "Use by Special Review",
as appropriate Acceptable format is a projected ESRI shapefile ( shp, shx, dbf, prj) with a defined
coordinate system (i e , NAD 1983 UTM Zone 13N, WGS 1984, NAD 1983 HARN StatePlane Colorado
North FIPS 0501 (US Feet) etc ) This digital file may be sent to mapsaco weld co us (Department of
Planning Services)
5 Prior to Construction
A If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required
(Department of Public Works)
B A "Change of Use" building permit for the detached garage is required A complete Code Analysis
(prepared by an architect), Floor plan, and Paint booth specifications will be required with the building
permit, along with MSDS sheets for the liquids/materials stored in the building Electrical systems
within the building shall comply with the 2017 National Electrical (Department of Building Inspection)
C The Applicant shall notify and comply with local fire district requirements (Department of Building
Inspection)
6 Prior to the issuance of the Certificate of Occupancy
A In the event the applicant intends to utilize the existing septic system, 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)
7 Prior to Operation
A The applicant shall develop an Emergency Action and Safety Plan with the Office of Emergency
Management and the Fire District The plan shall be reviewed on an annual basis by the Facility
operator, the Fire District and the Weld County Office of Emergency Management Submit evidence of
acceptance to the Department of Planning Services (Department of Planning Services)
8 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 Bruce Sparrow
VOTE
For Passage
Bruce Johnson
Bruce Sparrow
Michael Wades
Tom Cope
Gene Stile
Lonnie Ford
Richard Beck
Against Passage Absent
Elijah Hatch
Skip Holland
RESOLUTION USR18-0092
EDDIE WRIGHT, BRITTANY WRIGHT & RITA GRANT
PAGE 6
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
-dn:cfridee, („!' uaam-
Michelle Wall
Secretary
RESOLUTION USR18-0092
EDDIE WRIGHT, BRITTANY WRIGHT & RITA GRANT
PAGE 7
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Eddie Wright
Modified Cars Unlimited
USR18-0092
1 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
(Vehicle Repair and Service, Automotive Body Shop), provided that the property is not a lot in an
approved or recorded subdivision plat or lots part of a map or plan filed pnor 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 7:0'04 ml =',9 00'p,in' 9 00 a m 6 00 p m Monday — Friday as stated by the
applicant and per the application (Department of Planning Services)
4 The number of on -site employees shall be three (3) as stated by the applicant and per 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 existing landscaping and fencing on the site shall be maintained (Department of Planning Services)
8 Sources of light shall be shielded so that beams or rays of light will not shine directly onto adjacent
properties Sources of light should not cause a nuisance or interfere with the use on the adjacent
properties in accordance with the map Neither the direct, nor reflected, light from any light source may
create a traffic hazard to operators of motor vehicles on public or private streets No colored lights may be
used which may be confused with, or construed as, traffic control devices (Department of Planning
Services)
9 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)
10 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)
11 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)
12 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)
13 All potentially hazardous chemicals must be handled in a safe manner in accordance with product
labeling All chemicals must be stored secure, on an impervious surface, and in accordance with
manufacturer's recommendations (Department of Public Health and Environment)
RESOLUTION USR18-0092
EDDIE WRIGHT, BRITTANY WRIGHT & RITA GRANT
PAGE 8
14 The applicant shall submit an Air Pollution Emission Notice (A P E N ) and Emissions Permit Application
and obtain a permit from the Air Pollution Control Division, Colorado Department of Public Health and
Environment, as applicable (Department of Public Health and Environment)
15 The facility shall adhere to the maximum permissible noise levels allowed in the Commercial Residential
Zone as delineated in 25-12-103 C R S (Department of Public Health and Environment)
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 (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 As applicable, any vehicle or equipment washing shall adhere to "Low Risk Discharge Guidance
Discharges from Surface Cosmetic Power Washing Operations To Land July 2010" as provided by the
State (Department of Public Health and Environment)
21 The property owner shall control noxious weeds on the site (Department of Public Works)
22 The access to the site shall be maintained to mitigate any impacts to the public road including damages
and/or offsite tracking (Department of Public Works)
23 There shall be no parking or staging of vehicles on public roads On -site parking shall be utilized
(Department of Public Works)
24 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)
25 The historical flow patterns and runoff amounts on the site will be maintained (Department of Public
Works)
26 Weld County is not responsible for the maintenance of onsite drainage related features (Department of
Public Works)
27 Building permits may be required, per Section 29-3-10 of the Weld County Code Currently, the following
have been adopted by Weld County 2012 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)
28 The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code
29 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
RESOLUTION USR18-0092
EDDIE WRIGHT, BRITTANY WRIGHT & RITA GRANT
PAGE 9
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
30 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
31 The facility shall notify the County of any revocation and/or suspension of any State issued permit
(Department of Public Health and Environment)
32 The applicant shall notify the County upon receipt of any compliance advisory or other notice of non-
compliance of a State issued permit, and of the outcome or disposition of any such compliance advisory or
other notice of non-compliance (Department of Public Health and Environment)
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
RESOLUTION USR18-0092
EDDIE WRIGHT, BRITTANY WRIGHT & RITA GRANT
PAGE 10
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
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 vY-\\„,\_k_
L. IS- 1c‘
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
Stille, Seconded by Bruce Sparrow. Motion passed unanimously.
The Chair called a recess at 3:39 pm and reconvened the hearing at 3:50 pm.
CASE NUMBER:
APPLICANT:
PLANNER:
REQUEST:
LEGAL DESCRIPTION:
LOCATION:
U SR18-0092
EDDIE WRIGHT, BRITTANY WRIGHT & RITA GIANT
KIM OGLE
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 (VEHICLE REPAIR AND SERVICE, AUTOMOTIVE BODY
SHOP); PROVIDED THAT THE PROPERTY IS NOT A LOT IN AN APPROVED
O R 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.
LOT A REC EXEMPT RE -1861, PART E2SW4 SECTION 13, T4N, R66W OF THE
6TH P.M., WELD COUNTY, COLORADO.
N ORTH OF AND ADJACENT TO CR 44; WEST OF AND ADJACENT TO CR
35.5.
Kim Ogle, Planning Services, presented Case USR18-0092, 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.
Mike McRoberts. 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.
Eddie Wright, 17483 County Road 44, LaSalle, Colorado. Mr. Wright explained he has a small business of
doing higher -end restoration and custom cars. He said he works on an average of five vehicles a year. Mr.
Wright said he would like to change the hours of operation from 7:00 am to 9:00 pm and change the
residential noise limit to commercial.
Commissioner Cope asked why the applicant wants to change the noise limit to commercial. The applicant
would like to make sure he remains compliant with the Development Standards.
Commissioner Johnson asked the applicant if he works on the vehicles inside the shop. The applicant said
he does and the shop is insulated.
Commissioner Wailes asked the applicant if his cliental are private owners or if he does any work for
dealerships The applicant said the vehicles they restore are privately owned The Chair asked the
applicant what they focused on Mr Wright said one their specialties is doing a wide -body version which is
done on high -end European cars He said they are the only shop in the United States offering this service
Mr Wright said they specialize with Porsche, Mercedes, BMW, muscle cars and street rod vehicles
The Chair asked if there was anyone in the audience who wished to speak for or against this application
No one wished to speak
Motion: Amend Development Standards 3 and 15, as requested by the applicant, Moved by Bruce
Johnson, Seconded by Bruce Sparrow 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 USR18-0092 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 Gene Stdle, Seconded by Bruce Sparrow
Vote: Motion carried by unanimous roll call vote (summary: Yes = 7)
Yes: Bruce Johnson, Bruce Sparrow, Gene Stdle, Lonnie Ford, Michael Wailes, Richard Beck, Tom Cope
Commissioner Wailes said he feels the staff and applicant have shown they can fulfill all 7 criteria of County
Code Section 23-2-220
Meeting adjourned at 5 05 pm
Respectfully submitted,
Free, o° WitA-e—
Michelle Wall
Secretary
ATTENDANCE RECORD
NAME - PLEASE PRINT LEGIBLY
ADDRESS
EMAIL
John Doe
123 Nowhere
Street, City, State, Zip
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