HomeMy WebLinkAbout20190744.tiffEXHIBIT
BEFORE THE WELD COUNTY, COLORADO. PLANNING COMMISSION
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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:
USR18-0073
MARK SLOAN AND EVAN & TARA MARCELLUS
MICHAEL HALL
A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A HOME BUSINESS (HVAC REPAIR) AND ONE (1) SINGLE-
FAMILY DWELLING UNIT PER LOT OTHER THAN THOSE PERMITTED UNDER
SECTION 23-3-20.A. (SECOND SINGLE-FAMILY DWELLING UNIT) IN THE A
(AGRICULTURAL) ZONE DISTRICT
PART N2 SECTION 32, T1 N. R66W OF THE 6TH P.M.. WELD COUNTY,
COLORADO.
NORTH OF AND ADJACENT TO CR 2.5 AND APPROXIMATELY 0.48 MILES
WEST OF CR 29.
be recommended favorably to the Board of County Commissioners for the following reasons:
The submitted materials are in compliance with the application requirements of Section 23-2-260 of the
Weld County Code.
2. It is the opinion of the Planning Commission that the applicant has shown compliance with Section 23-2-
220 of the Weld County Code as follows:
A. Section 23-2-220.A.1. -- The proposed use is consistent with Chapter 22 and any other applicable
code provisions or ordinance in effect.
Section 22-2-20.F.2 - A Policy 6.2. states. "Support opportunities. such as but not limited to hobby
farming and home businesses, to supplement family income and reduce living expenses for farm
families and others who prefer a rural lifestyle
The property owners are the only operators of the mechanical and HVAC repair home business and
the Use by Right agricultural business. These activities allow them to supplement income while still
maintaining a rural residential lifestyle.
Section 22-2-20.F.3. - A.Policy 6.3. states, "Encourage multi -generational, caretaker, guest and
accessory quarters."
Both residences are occupied by the property owners. The application materials state that the
purpose of this home will allow for multi -generational living of family members on the property as Mark
Sloan is the uncle of Tara Marcellus. Additionally, the second residence can be used for caretaker.
guest and accessory quarters and may also be used as a rental.
Section 22-2-20.H. - A. Goal 8. States, "Ensure that adequate services and facilities are currently
available or reasonably obtainable to accommodate the requested new land use change for more
intensive development."
There is currently water and septic service provided to the property. A water well (permit # 82045-F),
located in the Laramie -Fox Hills aquifer, allows for use of the well inside two (2) single family
dwellings in addition to limited irrigation water. The water well cannot be used for business use unless
it is re -permitted to allow for commercial use. A septic permit (SP -1800156) sized for six (6) bedrooms
was issued May 10. 2018 for use by both residences.
B. Section 23-2-220.A.2. -- The proposed use is consistent with the intent of the A (Agricultural) Zone
District.
RESOLUTION USR18-0073
MARK SLOAN AND EVAN & TARA MARCELLUS
PAGE 2
Section 23-3-10. -- Intent, of the Weld County Code states, "The A (Agricultural) Zone District is also
intended to provide areas for the conduct of Uses by Special Review which have been determined to
be more intense or to have a potentially greater impact than Uses Allowed by Right."
Section 23-3-40.M. -- Uses by special review, of the Weld County Code states, "One (1) single-family
dwelling unit per lot other than those permitted under section 23-3-20.A. (second single-family
dwelling unit) in the Agricultural (A) Zone District."
Section 23-3-40.P. -- Uses by special review, of the Weld County Code states, "Home Business."
Based on these Code Sections, the applicant is eligible to apply for a Use by Special Review to permit
the proposed land use request.
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 farmland, rural residences, and oil and gas operations. There are five
(5) properties immediately adjacent to the site; three (3) with residences located on them. The closest
residence is 220 feet to the southeast, across County Road 2.5. The applicant does not own any other
contiguous land.
The Weld County Department of Planning Services sent notice to seven (7) Surrounding Property
Owners within 500 feet of the proposed USR boundary. No responses were received back.
There is a mix of commercial and industrial uses in the area in both Brighton city limits and
unincorporated Weld County, permitted with a mix of Use by Special Reviews and Site Plan Reviews.
There are thirteen (13) USRs in unincorporated Weld County within one (1) mile of this site, primarily
located to the northwest of the site, along the Highway 85 corridor including USR18-0028 for an
agritourism event venue, SUP -93 for a feed lot, USR-1658 for a construction company, SUP -226 for
oil tanks, USR-1676 for a research, repair, and manufacturing business, AMUSR-1493 for a salvage
yard, USR-969 for water skiing club, USR-968 for a gravel pit, USR-1744 for a commercial junkyard /
salvage yard, MUSR14-0002 for a gravel pit, asphalt & storage business, USR-1402 for a
maintenance shop and storage business, AMUSR-1458 for a mineral resource development facility
and USR-1373 for a concrete batch plant.
D. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with future development
of the surrounding area as permitted by the existing zoning and with the future development as
projected by Chapter 22 of the Weld County Code and any other applicable code provisions or
ordinances in effect, or the adopted Master Plans of affected municipalities.
The site is located within the three (3) mile referral area of Adams County, City of Brighton, City of
Fort Lupton, and the Town of Lochbuie. The site is located directly northeast of and adjacent to the
Brighton municipal limits. The Fort Lupton referral response dated September 11, 2018, indicated no
concerns. Adams County, Brighton and Lochbuie did not respond.
The site is located within the Fort Lupton Coordinated Planning Agreement (CPA) area. As part of the
pre -application process, Fort Lupton responded to the Notice of Inquiry on January 23, 2018, which
stated that due to the IGA between Fort Lupton and Brighton, Fort Lupton will not be pursuing
annexation of the subject property.
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 A -P (Airport) Overlay District, Geologic Hazard Overlay District, a
Special Flood Hazard Area or M54 area.
Building Permits issued on the lot will be required to adhere to the fee structure of the County -Wide
Road Impact Fee Program.
RESOLUTION USR18-0073
MARK SLOAN AND EVAN & TARA MARCELLUS
PAGE 3
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 soils designated as "High Potential Dry Cropland - Prime if they
become Irrigated" per the 1979 Soil Conservation Service Important Farmlands of Weld County Map.
The proposed USR will not take any Prime (Irrigated) Farmland out of production. Additionally, the
small lot size makes commercial farming impractical. Limited hobby farming occurs on -site including
egg production. The eighty (80) chickens on -site as part of the agricultural business fall under the
maximum animal units limits being 200 per acre and 800 total on the 4 -acre parcel.
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 SP -1800156 shall receive final approval from
Environmental Health Services. (Department of Public Health and Environment)
B. The applicant shall submit evidence that the yurt (second home) complies with the requirements of
the 2018 International Residential Code, and Chapter 29 of Weld County Code, as stated in the
referral response dated January 4, 2019. (Department of Building Inspection)
C. The applicant shall address the requirements of the Colorado Division of Water Resources regarding
re -permitting the well for poultry watering, as stated in the referral response dated September 12,
2018. Written evidence of such shall be submitted to the Weld County Department of Planning
Services. (Department of Planning Services)
D. The applicant shall submit a screening and landscaping plan and photographic evidence that the non-
commercial junkyard has been completely screened as stated in the Zoning Compliance referral dated
September 7, 2018. (Department of Planning Services)
E. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR18-0073 (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 locations and setbacks of the existing primary and secondary residences
and shop. (Department of Planning Services)
RESOLUTION USR18-0073
MARK SLOAN AND EVAN & TARA MARCELLUS
PAGE 4
5) County Road 2.5 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)
6) 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)
7) 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)
8) The applicant shall show the drainage flow arrows. (Department of Public Works)
9) 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 map for preliminary approval to the Weld County Department of Planning Services. Upon
approval of the map the applicant shall submit a Mylar map along with all other documentation required as
Conditions of Approval. The Mylar map shall be recorded in the office of the Weld County Clerk and
Recorder by the Department of Planning Services. The map shall be prepared in accordance with the
requirements of Section 23-2-260.D of the Weld County Code. The Mylar map and additional
requirements shall be submitted within one hundred twenty (120) days from the date of the Board of
County Commissioners Resolution. The applicant shall be responsible for paying the recording fee.
(Department of Planning Services)
3. In accordance with Weld County Code Ordinance #2012-3, approved April 30, 2012, should the map not
be recorded within the required one hundred twenty (120) days from the date of the Board of County
Commissioners Resolution, a $50.00 recording continuance charge shall be added for each additional
three (3) month period. (Department of Planning Services)
4. 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)
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)
RESOLUTION USR18-0073
MARK SLOAN AND EVAN & TARA MARCELLUS
PAGE 5
Motion seconded by Elijah Hatch.
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
Kristine Ranslem
Secretary
RESOLUTION USR18-0073
MARK SLOAN AND EVAN & TARA MARCELLUS
PAGE 6
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
USR18-0073
1. A Site Specific Development Plan and Use by Special Review Permit, USR18-0073, for a Home
Business (mechanical and HVAC repair) and one (1) single-family dwelling unit per lot other than those
permitted under Section 23-3-20.A. (second single-family dwelling unit) in the A (Agricultural) Zone
District, subject to the Development Standards stated hereon. (Department of Planning Services)
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County
Code. (Department of Planning Services)
3. The hours of operation of the home business is 8:00 am to 6:00 pm, 7 -days per week, as requested in
the application materials. (Department of Planning Services)
4. All items considered to be part of the non-commercial junkyard shall be completely screened from
adjacent properties and rights -of -way and the site shall adhere to the approved screening and
landscaping plan. (Department of Planning Services)
5. The property owners shall be involved in the home business as owners and/or operators. (Department
of Planning Services)
6. The home business shall be incidental to the principal residential use of the property for gainful
employment of the family residing on the property and shall not change the character thereof.
(Department of Planning Services)
7. The property owner shall control noxious weeds on the site. (Department of Public Works)
8. 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)
9. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Department of Public Works)
10. Any work that may occupy and or encroach upon any County rights -of -way or easement shall acquire an
approved Right -of -Way Use Permit prior to commencement. (Department of Public Works)
11. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Public
Works)
12. 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)
13. 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)
14. 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)
15. 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)
RESOLUTION USR18-0073
MARK SLOAN AND EVAN & TARA MARCELLUS
PAGE 7
16. All potentially hazardous chemicals must be handled in a safe manner in accordance with product
labeling. and in a manner, that minimizes the release of hazardous air pollutants (HAPs) and volatile
organic compounds (VOCs). All chemicals must be stored securely, on an impervious surface, and in
accordance with manufacturers' recommendations. (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 25-12-103 C.R.S. (Department of Public Health and Environment)
18. A permanent, adequate water supply shall be provided for drinking and sanitary purposes. The existing
well (permit 82045-F) cannot be used for the business unless it is repermitted to allow commercial use.
(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 2 or less
full-time and/or 4 or less part-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)
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. 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)
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 USR18-0073
MARK SLOAN AND EVAN & TARA MARCELLUS
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 (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.
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.
RESOLUTION USR18-0073
MARK SLOAN AND EVAN & TARA MARCELLUS
PAGE 9
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.
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 USR18-0073
APPLICANT- MARK SLOAN AND EVAN & TARA MARCELLUS
PLANNER: MICHAEL HALL
REQUEST. A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A HOME BUSINESS (HVAC REPAIR) AND ONE (1) SINGLE-
FAMILY DWELLING UNIT PER LOT OTHER THAN THOSE PERMITTED
UNDER SECTION 23-3-20.A. (SECOND SINGLE-FAMILY DWELLING UNIT) IN
THE A (AGRICULTURAL) ZONE DISTRICT
LEGAL DESCRIPTION: PART N2 SECTION 32. T1 N, R66W OF THE 6TH P.M., WELD COUNTY.
COLORADO.
LOCATION: NORTH OF AND ADJACENT TO CR 2.5 AND APPROXIMATELY 0.48 MILES
WEST OF CR 29.
Michael Hall. Planning Services, presented Case USR18-0073, 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.
Commission Sparrow asked if the second home is on a permanent foundation. Mr. Hall replied that it is
not. He added that the second home has not obtained building permits and it is a concern of the Building
Department. He further added that it will need to comply with the 2018 Residential Code.
Commissioner Sparrow noted the drums stacked on site and asked if they are empty or what might be in
them. Mr. Hall said he does not know what it in the containers and added that he didn't see any visible
leaks.
Commissioner Wailes asked if the structure that the yurt is attached to is in compliance with the Building
Code. Mr. Hall said that it is considered a second dwelling and can be permitted that way; however there
have been no building permits for this structure to date. He added that it is included in the Conditions of
Approval.
Mike McRoberts, Public Works, reported on the existing traffic, access to the site and drainage conditions
for the site.
Lauren Light. Environmental Health, reviewed the public water and sanitary sewer requirements. on -site
dust control. noise standards, and the Waste Handling Plan.
Commissioner Wailed referred to the photos presented by Staff and asked if the RV on site is being live in.
Mr. Hall said that it didn't appear to be lived in but deferred that question to the applicant. He added that
the applicants did receive a Zoning Permit for a Mobile Home (ZPMH18-0012) approved in May of 2018 to
be used for the temporary use during the construction of a residence.
Tara Marcellus, 13507 CR 2.5, Brighton, Colorado, stated that they inherited this property and the
noncommercial junkyard was part of that inheritance. She added that they have been working to clean up
1
the property and screening on site. Ms. Marcellus stated that the main residence has been on site since
1906 and the smaller stick frame building that they attached the yurt to has been on site since the 1980s
and was never permitted. She added that the yurt is set on a deck.
Ms. Marcellus stated that in the original application they had planned for a screened area that is larger than
what they are currently planning. She added that they will change the map as needed for that.
Commissioner Wailes asked who is living in the primary residence. Ms. Marcellus said that she moved
from the yurt into the main residence and Mark Sloan is currently living in the RV until approval of the
building permits for the yurt are obtained.
Commissioner Cope asked how they are getting rid of the inherited material on site. Ms. Marcellus said
that a lot of the commercial vehicles and the scrap metal have been cleared. There are piles of trash and
debris left but they will continue to clean those areas up. She added that any remaining vehicles will be
placed in the screened area of the property.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
The Chair asked the applicant if they have read through the Development Standards and Conditions of
Approval and if they are in agreement with those. The applicant replied that they are in agreement.
Motion: Forward Case USR18-0073 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 Stille, Seconded by Elijah Hatch.
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.
Commissioner Cope agreed that the applicant has met all of the criteria in Section 23-2-220 and also agrees
with Staff's recommendation.
Commissioner Hatch agreed with Staff's recommendation and stated that the applicant has complied with
Section 23-2-220 of the Weld County Code.
Meeting adjourned at 1:30 pm.
Respectfully submitted,
Kristine Ranslem
Secretary
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ATTENDANCE RECORD
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