HomeMy WebLinkAbout20192416.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
USR19-0023
GS FARMS LLC
CHRIS GATHMAN
A 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 OF THE WELD COUNTY
CODE (A SECOND SINGLE FAMILY RESIDENCE FOR AGRICULTURAL
WORKERS), UP TO THREE (3) CARGO CONTAINERS 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 OFFICE
BUILDING FOR DISPATCH FOR A PLUMBING BUSINESS ALONG WITH AN
EQUIPMENT MAINTENANCE BUILDING FOR PLUMBING VEHICLES).
PROVIDED THAT THE PROPERTY IS NOT A LOT IN AN APPROVED OR
RECORDED SUBDIVISION PLAT OR LOTS PARTS OF A MAP OR PLAN FILED
PRIOR TO ADOPTION OF ANY REGULATIONS CONTROLLING SUBDIVISIONS
IN THE A (AGRICULTURAL) ZONE DISTRICT
LOT A REC EXEMPT RE -5065. PART NW4 SECTION 33. T2N. R68W OF THE
6TH P.M. WELD COUNTY. COLORADO.
EAST OF AND ADJACENT TO CR 5 (BULRUSH BOULEVARD) AND
APPROXIMATELY 3,600 FEET NORTH OF STATE HIGHWAY 52.
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 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.
22-2-20 G.2 A. Policy 7.2. Conversion of agricultural land to nonurban residential, commercial
and industrial uses should be accommodated when the subject site is in an area that can
support such development and should attempt to be compatible with the region.
The proposed second residence is for employee housing associated with proposed business
that is related to and reliant on agricultural uses (horse boarding and chicken breeding). The
amount of employees and traffic associated with the proposed plumbing dispatch and
plumbing vehicle maintenance business is limited.
Section 22-2-20 1.5 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.
The proposed use is in an area that can support this development and the existing 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.
These conditions include a revised landscape and screening plan. Also, development
standards are attached limiting the number of employees and limiting hours of operation for
the proposed plumbing business.
RESOLUTION USR19-0023
GS FARMS LLC
PAGE 2
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 delineates One Single Family Unit per lot other than those permitted under
Section 23-3-20.A (Uses allowed by right) as a Use by Special Review in the A(Agricultural)
Zone District.
Section 23-3-40.S delineates any use permitted as a Use by Right. an Accessory Use or a
Use by Special Review in the commercial or industrial zone districts (concrete construction
business for commercial vehicle and equipment storage) provided that the property is not a
Lot in an approved or recorded subdivision plat or lots parts of a map or plan filed prior to
adoption of any regulations controlling subdivisions as a Use by Special Review 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 second residence is for an employee associated with a proposed business
related to agricultural use (horse boarding and chicken breeding business).
The attached development standards and conditions of approval will adequately mitigate the
impacts of the proposed use on the surrounding area.
C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing
surrounding land uses.
The proposed use is located on a vacant recorded exemption parcel. Four (4) parcels with
single-family residences are located to the north. south and west of the site. Single-family
residences are located on properties to the north. south and west of the site. Several letters
and e -mails have been received from surrounding property owners regarding this case
(including three (3) letters from property owners in the immediate area). Concerns/objections
outlined in the letters include traffic. dust. hours of operation. a commercial use is not
appropriate for the area and the potential for impacts on an existing eagles nest in the
proximity of this site.
Colorado Parks and Wildlife, states in their referral dated April 18. 2019. that the USR site is
located less than 0.25 mile from an active Bald Eagle nest. Colorado Parks and Wildlife
recommends that no surface occupancy occur within 0.25 -mile of active nests. At least three
(3) fledglings were nested last year. An existing subdivision is being constructed within the
Town of Frederick approximately 0.5 mile from the nesting site. Because the site is within 1/4
mile of the site. Colorado Parks and Wildlife recommends that the applicant consult with
Colorado Parks and Wildlife prior to construction to discuss potential impacts and mitigation
as it relates to the nest.
The proposed plumbing dispatch business will have limited traffic and a limited number of
employees. The second residence will be for an onsite employee and will result in minimal
additional impacts (traffic) on the site. The other proposed uses (primary residence and
proposed horse and chicken operations) are considered a use by right and can proceed
without USR approval.
A number of conditions of approval and development standards (including limits on hours of
operation. number of employees and a condition that the applicant attempt to address the
recommendations of Colorado Parks and Wildlife and submittal of a revised landscape and
screening plan for review and approval by Planning staff) are attached and will adequately
address impacts associated with uses associated with this USR on surrounding properties.
RESOLUTION USR19-0023
GS FARMS LLC
PAGE 3
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 areas of The Town of Erie. City of Dacono
and Town of Frederick. The site is not located within a Cooperative Planning Agreement
(IGA) boundary or Urban Growth Boundary (UGB) of a municipality. The property is borders
County Road 5 (which has been annexed by the Town of Frederick). Additionally. the town
limits of Frederick are located approximately 1.850 feet to the east. The City of Dacono and
Town of Erie in their referral comments, both dated March 22, 2019 indicated that they have
no concerns. The Town of Frederick. in their referral response dated April 19, 2019, indicated
that the property is located in the Town of Frederick land use map which identifies the
property as agriculture/estate residential. The Town indicates that they are opposed to this
business being located on the property.
Should the county decide to approve this USR. the Town of Frederick requests that the
business pay the appropriate road impact fees for the continued maintenance of County
Road 5. Also. Frederick requests that any development on the property coordinate access
points with adjacent properties as the proposed access does not meet the Town's access
standards for an arterial roadway. Finally. the Town of Frederick requests that the property
owner dedicate an additional 20 -feet of right-of-way along the east side of County Road 5.
The Frederick Zoning Code (in the Agricultural Zone District) allow animal boarding, and
agricultural activities. Also. the A Agricultural and R Estate Zone Districts allow accessory
dwellings (subject to size limitations on the accessory dwelling).
The traffic associated with the plumbing dispatch and maintenance of plumbing vehicles will
be limited. The application indicates approximately 2-4 round trips per day (box trucks and 3-
4 ton vans associated with the plumbing business) will access the site for maintenance on a
daily basis. Limitations on the number of on -site employees and hours of operation through
the attached development standards (in addition to the requirement of an updated landscape
and screening plan as a condition of approval) will adequately address compatibility with the
surrounding area.
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 Geologic Hazard Overlay District. a Special Flood Hazard Area,
MS4 area 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.
Building Permits issued on the 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 approximately 5.29 acres delineated as "Prime" per the
1979 Soil Conservation Service Important Farmlands of Weld County Map. The applicant is
proposing a second home to be utilized as for agricultural workers associated with a
proposed horse breeding to be located on the site. Additionally. a poultry raising and sales
business is proposed to be located on the property. These are agricultural related uses. The
property is currently in pasture and is not being farmed or cultivated.
RESOLUTION USR19-0023
GS FARMS LLC
PAGE 4
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 plat:
A. The applicant shall attempt to address the comments of Colorado Parks and Wildlife. as stated
in the referral response dated April 18. 2019. Written evidence of such shall be submitted to
the Weld County Department of Planning Services. (Department of Planning Services)
The applicant shall submit a Lighting Plan. (Department of Planning Services)
The applicant shall submit a Screening/Landscape Plan that screens the site from the
Surrounding Property Owners for review and approval by the Department of Planning Services.
The name and size of the proposed landscaping/screening shall be delineated (Department of
Planning Services)
D. The applicant shall address the comments of the Town of Frederick as stated in their referral
dated 6/19/2019. The applicant shall specifically address the comments in the referral regarding
road impact fees. access standards and right-of-way permits for utility work, drainage work and
access improvements in the road right-of-way. Written evidence of such shall be provided to the
Department of Planning Services. (Department of Public Works)
E. A Final Drainage Report and Certification of Compliance stamped and signed by a Professional
Engineer registered in the State of Colorado is required. (Department of Public Works)
F The plat shall be amended to delineate the following:
1. All sheets of the map shall be labeled USR19-0023 (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)
5. The map shall delineate the landscaping and/or screening per the approved plan.
(Department of Planning Services)
6. The map shall delineate the lighting which shall adhere to the Weld County Code per the
approved plan. (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)
RESOLUTION USR19-0023
GS FARMS LLC
PAGE 5
8. The map shall delineate the parking area for the vendors, customers and/or employees.
(Department of Planning Services)
9. This portion of County Road 5 (Bulrush Blvd.) is under the jurisdiction of the Town of
Frederick. Please contact the municipality to verify the right-of-way. Show and label the
right-of-way. Show the approved access(es) on the site plan and label with the approved
access permit number if applicable. (Department of Public Works)
10. Show and label the accepted drainage features. Stormwater ponds should be labeled as
"Stormwater Detention. No -Build or Storage Area" and shall include the calculated
volume. (Department of Public Works)
11. Show and label the drainage flow arrows. (Department of Public Works)
12. Show and label the parking and traffic circulation flow arrows showing how the traffic
moves around the property. (Department of Public Works)
13. Label the approved Town of Frederick accesses on the map with access permit number if
applicable. (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)
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 plat
not be recorded within the required one hundred twenty (120) days from the date of the Board of
County Commissioners Resolution, a $50.00 recording continuance charge shall added for each
additional three (3) month period. (Department of Planning Services)
4. Prior to Construction:
A. If more than 1 acre is to be disturbed. a Weld County grading permit will be required.
(Department of Public Works)
5. Prior to the issuance of the Certificate of Occupancy:
A. An On -Site Wastewater Treatment System (OWTS) is required for the proposed facility and shall
be installed according to the Weld County On -Site Wastewater Treatment System Regulations.
The OWTS is required to be designed by a Colorado Registered Professional Engineer according
to the Weld County On -Site Wastewater Treatment System Regulations. (Department of Public
Health and Environment)
6. The Use by Special Review is not perfected until the Conditions of Approval are completed and the
map is recorded. Activity shall not occur, nor shall any building or electrical permits be issued on the
property until the Use by Special Review map is ready to be recorded in the office of the Weld County
Clerk and Recorder or the applicant has been approved for an early release agreement. (Department
of Planning Services)
RESOLUTION USR19-0023
GS FARMS LLC
PAGE 6
Motion seconded by Bruce Sparrow.
VOTE
For Passage
Bruce Sparrow
Michael Wailes
Gene Stille
Lonnie Ford
Richard Beck
Elijah Hatch
Against Passage Absent
Bruce Johnson
Skip Holland
Tom Cope
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 June 18, 2019.
Dated the 18th of June. 2019
Aatelyib 44.4.442,41,_
Kristine Ranslem
Secretary
RESOLUTION USR19-0023
GS FARMS LLC
PAGE 7
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
GS Farms. LLC
USR19-0023
1. A Site Specific Development Plan and Use by Special Review Permit, USR19-0023, for One (1) Single -
Family Dwelling Unit per Lot other than those permitted under Section 23-3-20.A of the Weld County Code
(a second single family residence for agricultural workers), up to three (3) cargo containers 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 office building for dispatch for a plumbing business along with an equipment
maintenance building for Plumbing Vehicles), provided that the property is not a Lot in an approved or
recorded subdivision plat or lots parts of a map or plan filed prior to adoption of any regulations controlling
subdivisions in the A (Agricultural) Zone District, subject to the Development Standards stated hereon,
(Department of Planning Services)
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County
Code. (Department of Planning Services)
3. The hours of operation for the plumbing business are 7:30 a.m. - 5:00 p.m. Monday — Friday. (Department
of Planning Services)
4. The number of on -site employees associated with the plumbing business shall be four (4) as stated in the
application materials. (Department of Planning Services)
5. The storage containers will be used for agricultural purposes only. No plumbing supplies shall be inside
the building or outside of the building. (Department of Planning Services)
6. The parking area on the site shall be maintained. (Department of Planning Services)
7. 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)
8. The existing and proposed landscaping and screening on the site shall be maintained in accordance with
the approved landscape and screening plan. (Department of Planning Services)
9. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act. Section 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, Section 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 facility 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)
RESOLUTION USR19-0023
GS FARMS LLC
PAGE 8
13. 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 and be screened from public view. (Department of Public
Health and Environment)
14. This facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone as
delineated in 25-2-103 C.R.S. (Department of Public Health and Environment)
15. A permanent. adequate water supply shall be provided for drinking and sanitary purposes. 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)
16. All pesticides, fertilizer, and other 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
(HAP's) and volatile organic compounds (VOC's). All chemicals must be stored secure, on an impervious
surface. and in accordance with manufacturer's recommendations. (Department of Public Health and
Environment)
17. 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)
18. The property owner or operator shall be responsible for controlling noxious weeds on the site. pursuant to
Chapter 15. Article I and II. of the Weld County Code. (Department of Public Works)
19. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Public
Works)
20. Weld County is not responsible for the maintenance of onsite drainage related features. (Department of
Public Works)
21. Sources of light shall be shielded so that light rays 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)
22. Building permits may be required, for any new construction or set up manufactured structure. per Section
29-3-10 of the Weld County Code. A building permit application must be completed and submitted.
Buildings and structures shall conform to the requirements of the various codes adopted at the time of
permit application. Currently the following has been adopted by Weld County: 2018 International Building
Codes, 2018 International Residential Code: 2006 International Energy Code: 2017 National Electrical
Code: and Chapter 29 of the Weld County Code. A plan review shall be approved, and a permit must be
issued prior to the start of construction.
23. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code. (Department of Planning Services)
24. 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. (Department of Planning Services)
RESOLUTION USR19-0023
GS FARMS LLC
PAGE 9
25. The Use by Special Review is not perfected until the Conditions of Approval are completed and the map is
recorded. Activity shall not occur. nor shall any building or electrical permits be issued on the property,
until the Use by Special Review map is ready to be recorded in the office of the Weld County Clerk and
Recorder or the applicant has been approved for an early release agreement. (Department of Planning
Services)
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. (Department of Planning Services)
27. 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.
28. 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,
RESOLUTION USR19-0023
GS FARMS LLC
PAGE 10
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.
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SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, June 18. 2019
EXHIBIT
s
U5IC -0023
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, Elijah Hatch. Skip Holland.
Also Present. Kim Ogle, Chris Gathman, and Tom Parko. Department of Planning Services: Lauren Light
and Ben Frissell. Department of Health: Mike McRoberts and Elizabeth Relford. Public Works: Karin
McDougal County Attorney. and Kris Ranslem. Secretary.
(Tom Cope left the hearing at 4 06 pm)
CASE NUMBER.
APPLICANT
PLANNER
REQUEST.
LEGAL DESCRIPTION.
LOCATION
USR19-0023
GS FARMS LLC
CHRIS GATHMAN
A 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 OF THE WELD
COUNTY CODE (A SECOND SINGLE FAMILY RESIDENCE FOR
AGRICULTURAL WORKERS). UP TO THREE (3) CARGO CONTAINERS 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 OFFICE BUILDING FOR DISPATCH FOR A PLUMBING
BUSINESS ALONG WITH AN EQUIPMENT MAINTENANCE BUILDING FOR
PLUMBING VEHICLES) PROVIDED THAT THE PROPERTY IS NOT A LOT IN
AN APPROVED OR RECORDED SUBDIVISION PLAT OR LOTS PARTS OF A
MAP OR PLAN FILED PRIOR TO ADOPTION OF ANY REGULATIONS
CONTROLLING SUBDIVISIONS IN THE A (AGRICULTURAL) ZONE DISTRICT.
LOT A REC EXEMPT RE -5065, PART NW4 SECTION 33, T2N, R68W OF THE
6TH P.M.. WELD COUNTY COLORADO.
EAST OF AND ADJACENT TO CR 5 (BULRUSH BOULEVARD) AND
APPROXIMATELY 3.600 FEET NORTH OF STATE HIGHWAY 52.
Chris Gathman, Planning Services. presented Case USR19-0023. reading the recommendation and
comments into the record. Several letters and emails were received regarding concerns of traffic, dust,
hours of operation. that the commercial use is not compatible with the area. and the potential for impacts
on an existing eagle next in the proximity of this site. Mr. Gathman noted that a referral was received from
Colorado Parks and Wildlife which stated that the USR site is located less than a quarter -mile from an active
bald eagle nest and they recommend that no surface occupancy occur beyond which has historically
occurred with a quarter -mile of active nests. Additionally. the referral states that they recommend that the
applicants consult with Colorado Parks and Wildlife prior to construction to discuss potential impacts and
mitigation as it relates to the nest. The Town of Frederick. in their referral. stated that the property is located
on the Town of Frederick's Land Use Map and identifies the property as agricultural/estate residential and
is opposed to having the business located in this area. Mr. Gathman indicated that County Road 5 has
been annexed by the Town of Frederick and the Town of Frederick provided specific comments as to access
and right-of-way in their referral. The remaining areas (with the exception of County Road 5) are located
approximately 1,850 feet to the east of the site. The property is currently not located within in IGA boundary
or urban growth boundary. The Department of Planning Services recommends approval of this application
with the attached conditions of approval and development standards.
Commissioner Ford referred to the 56 letters of opposition and asked how many homes are in this area.
Mr. Gathman said that a lot of the emails are from all over — some are local and some are out of state. He
added that they received a number of letters from the surrounding property owners and generally their
concerns are dealing with traffic, impacts to the roads, and the impacts of the business. Other letters have
the particular concern about the setback from the eagle nest.
1
Commissioner Sparrow asked if the nest is occupied. Mr. Gathman said that according to the Colorado
Parks and Wildlife letter, they said it is active.
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.
Kristie Shattuck. 85 Xavier Street. Denver, Colorado. stated that they are proposing a small agricultural
business on a 5 -acre parcel. They agree to comply with the conditions of approval and development
standards. Ms. Shattuck said that they plan to have a small horse boarding facility as well as Heritage
poultry breeding operation. She added that they would like to bring three (3) dispatchers to the property.,
however, they won't have the company located on site. There will be a maintenance building for anything
related to the agricultural side along with some maintenance on the plumbing vehicles.
Commissioner Wailes asked how many vehicles are associated with the business. Ms. Shattuck said that
there are 16 vehicles. Mr. Wailes asked to clarify if the vehicles are stored on site.
Steve Gentry, 16520 Essex Road North. Platteville. Colorado. said the employees keep their vehicles at
their personal homes and added that it will be rare that they will be on this property. They will take the calls
and dispatch it to the employees who are out on job sites. He added that if a truck is on site it comes into
the maintenance shop and leaves. The equipment for the plumbing business will not be on site.
Commissioner Ford asked if it is 5 days or 7 days per week. Mr. Gentry said it is 7 days per week but there
are limited employees on the weekends. He added that no employees will be on the property on the
weekends.
Commissioner Ford asked about the proposed second home on the property. Mr. Ford asked since it is so
large if it will be a dorm or single-family dwelling. Ms. Shattuck said it will be a single-family home and
added that they wanted to provide with potentially the largest thing they could think of knowing that they
might not build it.
Commissioner Beck asked to describe the office building. Ms. Shattuck said that it will be used for the
packaging and selling for the Heritage poultry operation. She added that this would be combined with the
dispatch office.
Commissioner Ford asked if the horse boarding is only boarding or if it will be for training. Ms. Shattuck
said it will be for boarding only. There will be a total of five (5) horses on site.
Commissioner Ford asked if the plumbing business will be visible to the neighbors. Ms. Shattuck replied
no and Mr. Gentry said that they will not be advertising it.
Commissioner Wailes asked how the half -mile nest buffer is enforced because this can affect several
homeowners within this distance. Mr. Gathman said that according to the letter bald eagles are no longer
on the threatened or endangered list. but they are still protected under the Migratory Bird Treaty Act and
the Bald and Golden Eagle Protection Act. He added that this lot is a platted. buildable lot and per our
County Code someone could build a home and have use by right agricultural operations. Mr. Gentry said
that they were told when they start construction to contact the US Fish and Wildlife Service so they can
help them build without disturbing the eagles as much as possible.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
John Pritchard. 6789 CR 5. stated that he lives directly across the street from the proposed site. He stated
that he is speaking for over 30 citizens that are adjacent to or within a quarter -mile from the site. There is
a petition included in the handout provided with 38 local neighbors opposed to this proposed request. He
said that they are not opposed to the primary residence. poultry facilities and the horse boarding facilities.
2
However. they are opposed to the commercial plumbing uses and all associated facilities and the second
residence for agricultural workers.
Mr. Pritchard said that the answers to the questionnaire are misleading and confusing and it seemed to
purposefully conflate the plumbing with the agricultural uses to be able to answer questions in the best light.
He said that according to the questionnaire they contacted all the neighbors and only one (1) would talk to
them and he takes exception to that since he lives adjacent to the site and never has been contacted.
Mr. Pritchard said that this violates the comprehensive plan and the intent of the zone district. He expressed
concern that it is not compatible with the surrounding area and incompatible with the county's growth plans
for the area.
Mr. Pritchard stated that traffic is a major concern for them and the answers in the questionnaire were very
misleading. He added that there should be no noise, light pollution or signage. Mr. Pritchard expressed
concern regarding the second residence as it has been unclear as to the real purpose of this residence.
Commissioner Hatch asked to clarify the comments regarding signage and lighting. Mr. Pritchard said the
questionnaire said that the signage and lighting will be in accordance with the allowed regulations and it is
not very clear to them. Commissioner Wailes asked if signage is a use by right for agricultural operations.
Mr. Gathman said that the applicant and can have one (1) free standing sign up to 16 square feet in size.
Commissioner Holland asked if 20 parking spaces are allowed with a USR. Mr. Gathman said that 20
parking spaces seems a little excessive in this case. Commissioner Hatch asked if there is a certain number
of parking spaces allowed for use by right for the horse boarding operation. Mr. Gathman stated that we
don't regulate parking for a use by right. Mr. Hatch said that the site plan identifies a total of 30 parking
spaces with six (6) of them used for the horse boarding. Mr. Gathman said that we can include a condition
of approval that the applicant should provide an updated parking plan. Mr. Gathman stated that the only
uses on site that require a USR and are addressed under this application are the plumbing dispatch office.
the maintenance building for maintenance of plumbing vehicles, the proposed second residence and the
three (3) cargo containers.
Dana Bove. Front Range Nesting Bald Eagles Studies, stated that they are a nonprofit research group and
they study nesting eagles in the northern front range. Mr. Bove referred to the 40 letters and emails received
from the concerns of the eagles. He said that the equestrian center located adjacent to the nest and doesn't
believe that it is an interference for the eagles. Mr. Bove provided sites of the nesting eagles along the
front range and described their habitat and how development affects them.
Commercial Hatch asked what could happen if an investigation proved that this proposed project disturbed
the bald eagles. Mr. Bove said that there could be serious fines or they could go to jail but in this case he
doesn't know and added that he hasn't seen the US Fish and Wildlife actively prosecute offences like this
in the last couple of years.
Ms. Shattuck said that they did reach out to Ruth Anderson. who was the real estate agent. and she said
she would get the information out to the neighbors: however, she was unable to get that done. Ms. Shattuck
apologized and said it was not a malicious intent.
Ms. Shattuck said that this will be her home and this will not be a commercial business to ruin the
neighborhood. She said that the dispatch is to supplement their income. She added that they don't want
to have people at their home and doesn't believe it will be impactful as they say it will.
Mr. Gentry said that the original plan had 32 spaces because that's what they thought was expected. He
said that there will not be 32 spaces or people on site. He referred to the amended/updated site plan in the
staff power point presentation where much of the parking is removed. There will be three (3) people that
drive in the morning and out in the afternoon and the landowners coming in and out as normal. There will
not be a lot of lighting on site and added that there will not be any plumbing parts on site. The storage
containers will be used for storage for stuff for the chickens and stuff for maintaining the vehicles.
Ms. Shattuck said that the second home will be used for someone to help with the agricultural uses of the
animals.
3
The Chair asked Staff if they had any change to the resolution. Mr. Gathman said that the applicant
indicated that there would be no storage of plumbing materials or equipment on site and offered to include
a development standard if the Planning Commission wanted it. The Chair suggested bringing that up to
the Board of County Commissioners at that hearing. Commission Stille said that he wants to ensure that it
is brought to the Board of County Commissioners as a development standard.
Motion: Add Development Standard 5 that "The storage containers will used for agricultural purposes
only . Moved by Gene Stifle. Seconded by Lonnie Ford.
Mr. Gathman clarified if there is no outside storage of plumbing equipment or materials associated with the
plumbing business. Commissioner Stille said that if this will be an agricultural use with horses and chickens
and three dispatchers. he doubts that there would be storage of plumbing supplies.
Commissioner Bruce suggested that no plumbing activities be stored on or in the buildings. The Chair
stated that the applicants have requested that one of the buildings will be used as a maintenance facility
for the plumbing vehicles. Mr. Johnson said that vehicle maintenance is different than plumbing supplies.
Motion: Amend the added Development Standard 5 to read "No plumbing supplies shall be inside the
building or outside of the building". Moved by Bruce Johnson: Seconded by Gene Stille. Motion carried
unanimously.
Commissioner Hatch said that the motion does negate the intent for the third container. He added that the
motion was for agricultural use only. but the applicant is wanting to store mechanic supplies for the vehicles
as well. Commissioner Johnson said that motion as amended doesn't allow for plumbing supplies on the
property. Mr. Hatch said that the amendment has been passed: however. the motion itself is to regulate
the containers to only be used for agricultural use so that would prohibit them from using the storage
containers at all for their commercial business. Mr. Johnson said that it serves both ways. The Chair said
that the amendment states that no plumbing supplies can be located on the property so they couldn't use
the storage containers for the commercial use. Commissioner Stille said that they could store agricultural
oil. gas and grease. Mr. Hatch agreed but the applicant's intent is to use it for storage of automotive supplies
for their maintenance shop for their commercial business. Mr. Stille said that it states an office building for
dispatch for a plumbing business along with an equipment maintenance building and added that is not a
container. Therefore, the maintenance building would include the oil and gas for the vehicles. The Chair
said that the amendment Mr. Johnson made and Mr. Stifle seconded prohibits that on the entire property.
Mr. Johnson clarified that it is just plumbing supplies and parts and doesn't have to do with the maintenance
of the vehicles.
The Chair called for the vote.
Vote: Motion passed (summary: Yes = 6. No = 2, Abstain = 0).
Yes: Bruce Johnson, Bruce Sparrow. Gene Stifle, Lonnie Ford, Richard Beck. Skip Holland.
No: Elijah Hatch. Michael Wailes.
Absent: Tom Cope.
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 USR19-0023 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 Gene Stifle. Seconded by Bruce Sparrow.
Vote: Motion passed (summary: Yes = 6. No = 2, Abstain = 0).
Yes: Bruce Sparrow. Elijah Hatch. Gene Stifle, Lonnie Ford. Michael Wailes. Richard Beck.
No: Bruce Johnson, Skip Holland.
Absent: Tom Cope.
Commissioner Holland said that he believes this lack of clarity couple with what the applicant said make it
very unclear what we are approving.
4
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SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, June 4. 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. Lonnie Ford. Richard Beck. Elijah Hatch. Skip
Holland.
Absent: Gene Stille, Tom Cope.
Also Present: Kim Ogle, Chris Gathman, Angela Snyder. and Maxwell Nader. Department of Planning
Services: Lauren Light. Department of Health: Evan Pinkham, Hayley Balzano and Mike McRoberts. Public
Works: Bob Choate; County Attorney. and Michelle Wall. Secretary.
CASE NUMBER
APPLICANT
PLANNER
REQUEST.
LEGAL DESCRIPTION
LOCATION
USR19-0023
GS FARMS LLC
CHRIS GATHMAN
A 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 OF THE WELD
COUNTY CODE (A SECOND SINGLE FAMILY RESIDENCE FOR
AGRICULTURAL WORKERS). UP TO THREE (3) CARGO CONTAINERS 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 OFFICE BUILDING FOR DISPATCH FOR A PLUMBING
BUSINESS ALONG WITH AN EQUIPMENT MAINTENANCE BUILDING FOR
PLUMBING VEHICLES) PROVIDED THAT THE PROPERTY IS NOT A LOT IN
AN APPROVED OR RECORDED SUBDIVISION PLAT OR LOTS PARTS OF A
MAP OR PLAN FILED PRIOR TO ADOPTION OF ANY REGULATIONS
CONTROLLING SUBDIVISIONS IN THE A (AGRICULTURAL) ZONE DISTRICT.
LOT A REC EXEMPT RE -5065, PART NW4 SECTION 33. T2N. R68W OF THE
6 - P.M. WELD COUNTY. COLORADO
EAST OF AND ADJACENT TO CR 5 (BULRUSH BOULEVARD) AND
APPROXIMATELY 3.600 FEET NORTH OF STATE HIGHWAY 52.
Chris Gathman. Planning Services. explained there is a request to continue Case USR19-0023 to the June
18, 2019 Planning Commission hearing to allow the applicant time to address mineral notice. The
Department of Planning Services is in support of this request.
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: Continue Case USR19-0023 to the June 18. 2019 Planning Commission hearing. Moved by
Michael Wailes. Seconded by Bruce Sparrow.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 7).
Yes: Bruce Johnson. Bruce Sparrow. Elijah Hatch. Lonnie Ford, Michael Wailes, Richard Beck. Skip
Holland.
Meeting adjourned at 2:53 pm.
Respectfully submitted,
Michelle Wall
Secretary
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