HomeMy WebLinkAbout20194970.tiffEXHIBIT
BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
ImaASR ici11-n37
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Bruce Johnson. that the following resolution be introduced for passage by the Weld County
Planning Commission. Be at resolved by the Weld County Planning Commission that the application for:
CASE NUMBER
APPLICANT:
PLANNER:
REQUEST:
LEGAL DESCRIPTION
LOCATION:
MJUSR 19-11-1737
TROY AND JUDY HEFNER
MICHAEL HALL
A MAJOR AMENDMENT TO A SITE SPECIFIC DEVELOPMENT PLAN AND USE
BY SPECIAL REVIEW PERMIT USR-1737 FOR A BUSINESS PERMITTED AS A
USE BY RIGHT OR AN ACCESSORY USE IN THE COMMERCIAL ZONE
DISTRICT (STORAGE OF COMMERCIAL EQUIPMENT AND VEHICLES,
FABRICATION, AUTO STORAGE AND REPAIR) AND AGRICULTURAL SERVICE
ESTABLISHMENTS PRIMARILY ENGAGED IN PERFORMING AGRICULTURAL,
ANIMAL HUSBANDRY, OR HORTICULTURAL SERVICES ON A FEE OR
CONTRACT BASIS, INCLUDING: FARM EQUIPMENT SALES. REPAIR AND
INSTALLATION FACILITIES, AND ONE (1) ADDITIONAL SINGLE FAMILY
DWELLING UNIT PER LOT OTHER THAN THOSE PERMITTED UNDER
SECTION 23-3-20.A OF THE WELD COUNTY CODE TO ADD A 24 SQUARE -
FOOT FENCE -MOUNTED SIGN THAT EXCEEDS THE WELD COUNTY SIGN
CODE BULK REQUIREMENTS AND USES PERMITTED AS A USE BY RIGHT, AN
ACCESSORY USE, OR A USE BY SPECIAL REVIEW IN THE COMMERCIAL OR
INDUSTRIAL ZONE DISTRICTS (CONTRACTOR SHOP AND OUTDOOR
STORAGE FACILITY INCLUDING RVS, BOATS. TRAILERS, VEHICLES,
CONTAINERS, ETC.), PROVIDED THAT THE PROPERTY IS NOTA 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.
E2W2SE4SW4 SECTION 23, UN, R68VV OF THE 6TH P.M., WELD COUNTY,
COLORADO
NORTH OF AND ADJACENT TO CR 6; APPROXIMATELY 0.3 MILES EAST OF
THE EAST 1-25 FRONTAGE ROAD.
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.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 proposed amended USR is located on a parcel that already contains existing commercial
operations and is in an area that contains numerous other commercial and industrial uses.
Productive agricultural activities are not readily supported on this parcel because of the small
lot size. The proposed business is compatible with the existing land uses and aligns with the
overall development of southern Weld County and the Interstate -25 corridor. This property is
located 0.3 miles east of the east Interstate -25 frontage road which provides convenient and
direct connection to regional transportation networks.
Section 22-2-2OR - 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
Central Weld County Water District (CWCWD). account #00301B-01, provides water to the
residences and metal building. The CWCWD referral dated August 19. 2019, will require a
RESOLUTION 1NIJUSR19►-11-1737
TROY AND JUDY HEFNER
PAGE 2
water study to determine if the existing tap is adequate to serve the property and uses. if
adequate fire flow is available and if backflow prevention requirements will change The site
contains three (3) septic systems, SP -9900524 for the northern residence, -19889009 for
the southern residence, both sized for three (3) bedrooms and SP -1100033 for the metal
commercial building, which is sized for eight (8) employees and up to twenty (20) customers.
Bottled water and portable toilets will be provided for the storage facility customers.
Mountain View Fire Rescue will serve this site. The Fire Rescue referral dated August 7,
2019, provided information and requirements to protect the health, safety and welfare of the
site users and general public. There is currently adequate water supply in the road to provide
fire protection for the storage facility, provided that fire hydrants are installed. However. there
is not enough water supply for the buildings on the property. Any change of occupancy
classification will trigger the need for alternative fire protection methods.
B. Section 23-2-220.A.2. -- The proposed use is consistent with the intent of the A (Agricultural)
Zone District.
Section 23-3-10. — Intent, of the Weld County Code states, 'The A (Agricultural) Zone District
is also intended to provide areas for the conduct of Uses by Special Reviewwhich have been
determined to be more intense or to have a potentially greater impact than Uses Allowed by
Right." As of July 24, 2019, the date of complete application submittal, this code section
allows the applicant to apply for a Use by Special Review permit for the subject business
which is more intense than Uses Allowed by Right.
Section 23-3-40.S. — Uses by special review, of the Weld County Code allows, "Any use
permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the
Commercial or Industrial zone districts. provided that the property is not a lot in an approved
or recorded subdivision plat or lots parts of a map or plan filed prior to adoption of any
regulations controlling subdivisions." As of July 24, 2019, the date of complete application
submittal, this code section allows the applicant to apply for a USR for a miscellaneous
commercial/industrial operation because the site is not located within a subdivision or historic
townsite, this code section allows the applicant to apply for the contractor shop and outdoor
storage facility.
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 commercial/industrial
operations. There are six (6) parcels immediately adjacent to the site; one (1) with a
residence. The applicant owns four (4) other contiguous parcels of land. There are numerous
Use by Special Review permits and Site Plan Review permits within one (1) mile of this site,
concentrated in the Althen-Boyer Subdivision, on the east side of Interstate -25. Permits
include commercial junkyard and salvage yards, outdoor storage facilities, woodworking and
manufactunng businesses, equipment and trailer rental and sales, and vehicle repair. This
area of the County is rapidly developing with commercial and industrial operations and the
subject USR is compatible and integrated with the existing businesses. There are additional
USRs R s on the west side of Interstate -25.
The northern portion of the parcel is split by the Bull Canal - Lateral #3. owned and operated
by the Farmer's Reservoir and Irrigation Company (FRICO). Approximately 1.2 -acres of the
10 -acre site is located to the north of the ditch. No storage or commercial operations are
permitted to be located on the north side of the Bull Canal. This ditch is described per the
quit -claim deed dated December 27, 1915, which conveys the ditch right-of-way to FRICO.
This deed severs the parcel into two pieces and is further addressed as a condition of
approval, The FRICO referral dated August 21, 2019, requests the applicant submit a Project
Review Application to discuss maintenance, drainage, construction, waste disposal,
stormwater detention. seepage, etc
RESOLUTION 1 MJUSR19-11-1737
TROY AND JUDY HEFNER
PAGE 3
The Weld County Department of Planning Services sent notice to six (6) surrounding
property owners within 500 feet of the proposed USR boundary. No responses were
received. One (1) phone call was in support of the USR.
a 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.
Although this site is not expressly zoned for commercial uses, the existing and proposed use
of the site is consistent with the zoning of the surrounding unincorporated Weld County
parcels. which are zoned C-3 (Regional Commercial).
This site is bordered by unincorporated Weld County on the west specifically the Althen-
Boyer Commercia Subdivision. The site is surrounded on the north, east and south by the
City and County of Broomfield.
The site located within the three (3) mile referral radius of the City of Iacono, Town of Erie,
City of Northglenn, City of Thornton, Adams County and City and County of Broomfield. The
Broomfield Planning referral dated August 13, 2019, provided advisory comments on nearby
land uses. The area surrounding the subject site and located within Broomfield limits is
identified as mixed -use commercial This proposal aligns with this designation. The
importance of screening was also stated The Broomfield Traffic referral dated August 26,
2019, states that no access improvements or permits are required if there is no change in the
size or location of the existing access. Erie and Northglenn both returned referral responses
dated July 31, and August 5, 2019 respectively, and indicated no concerns.
The site is not located within a Coordinated Planning Agreement (CPA) boundary or Urban
Growth Boundary (UGB) of a municipality or a Regional Urbanization Area (RUA).
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 located within the Geologic Hazard Overlay District; however, the Colorado
Geological Survey referral dated, August 12, 2019 states the property has a low subsidence
hazard and does not have any objection to this request. USR map items and Development
Standards address compliance with this Overlay District. The property is not located within
the A -P (Airport) Overlay District, Special Flood Hazard Area or MS4 area.
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 a ort to conserve prime
agricultural land in the locational decision for the proposed use.
The site is designated as "Prime (Irrigated) - Farmlands of National Importance" per the 1979
Soil Conservation Service Important Farmlands of Weld County Map. The proposed USR will
not remove any agricultural land from production as the site is already developed and
encumbered by a USR for commercial operations. Additionally, the small lot size is not
suitable for agricultural production.
C 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
RESOLUTION iMJUSR19-11-1737
TROY AND JUDY HEFNER
PAGE 4
ensure that there are adequate provisions for the protection of health, safety, and welfare of
the inhabitants of the neighborhood and County.
The Weld County Weld County Environmental Health and Public Works referrals, dated
August 13 and August 21, 2019, provide additional background and advisory information
regarding designing and operating the site in conformance with the interests of the County,
public and other governmental agencies
This recommendation is based. in partupon a review of the application materials submitted by the applicant.
other relevant information regarding the request, and responses from referral entities.
The Planning Commission's recommendation for approval is conditional upon the following:
Prior to recording the map:
A. The applicant shall submit a Landscape and Screening Ran to the Department of Planning
Services for review and approval. The Plan shall detail existing and proposed fencing,
landscaping, and irrigation (Department of Planning Services)
B. The applicant shall submit a Property Maintenance Plan to the Department of Planning Services
for review and approval. The Plan shall detail debris control and trash removal method.
(Department of Planning Services)
C. The subject parcel is split by the Bull Canal Lateral # 3, which is deeded right-of-way The
applicant shall record separate deeds for each portion of the subject parcel located on either side
of the Canal. The Bull Canal right-of-way shall be excluded from both deeds. (Department of
Planning Services)
D. The applicant is proposing a shared access for the subject parcel across Lot 7 of Althen-Boyer
CUD 2nd Filing. The applicant shall submit to the Weld County Department of Planning Services
a recorded copy of an easement signed by all of the owners of the property crossed by the
access. The access shall be for ingress and egress and shall be referenced on the map by the
Weld County Clerk and Recorders reception number and recording date. (Department of
Planning Services)
E. The applicant shall demonstrate that an adequate water source is in place for the proposed uses
and shall submit a Water Study to the Central Weld County Water District. The applicant shall
address the requirements of the Central Weld County Water District. as stated in the referral
response dated August 19. 2019. Evidence of such shall be submitted in writing to the Weld
County Department of Planning Services. (Department of Planning Services)
The applicant shall address the requirements of Mountain View Fire Rescue, as stated in the
referral response dated August 7. 2019. Evidence of such shall be submitted in writing to the
Weld County Department of Planning Services. (Department of Planning Services)
C. The applicant shall attempt to address the requirements of Farmers Reservoir and Irrigation
Company (FRICO), as stated in the referral response dated August 21, 2019. Evidence of such
shall be submitted in writing to the Weld County Department of Planning Services. (Department of
Planning Services)
H The applicant shall address the requirements of Weld County Building Department, regarding the
existing commercial building, as stated in the referral response dated November 12, 2019.
(Department of Building Inspection)
A Final Drainage Report and Certification of Compliance stamped and signed by a Professional
Engineer registered in the State of Colorado is required Permission may be required from FRICO
to cross the irrigation canal or drain into the ditch. (Department of Public Works)
RESOLUTION 1 MJUSR19-11-1737
TROY AND JUDY HEFNER
PAGE 5
The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled 1MJUSR19-11-1737. (Department of Planning
Services)
2) The attached Development Standards. (Department of Planning Services)
3) The map shall be prepared per Section 23-2-260.D of the Weld County Code.
(Department of Planning Services)
4) Show and label the location of the outdoor storage facility including the layout of the
storage spaces and drive aisles. (Department of Planning Services)
5) Show and label the location of existing buildings and other improvements, (Department
of Planning Services)
6) Show and label the parking for the metal commercial building. (Department of Planning
Services)
7) Show and label the vegetative screeningfencing and gates as detailed in the Landscape
and Screening Plan. (Department of Planning Services)
8) Show and lab& the location of the Mountain View Fire Rescue fire hydrant(s) or other
approved fire protection installations. (Department of Planning Services)
Show and label the location of the Central Weld County Water District meter and any
associated water line easement. (Department of Planning Services)
10) Show and label the extent of the Geologic Hazard Overlay District on the site plan.
(Department of Planning Services)
)
11) Show and label the location of the trash collection areas. Section 23-3-250.,A.6. of the
Weld County Code addresses the issue of trash collection areas. (Department of
Planning Services)
12) Show and label the location of the proposed and existing lighting. All lighting shall be
downcast and shielded so that light rays will not shine directly onto adjacent properties.
(Department of Planning Services)
13) Show and label the location of the signage including the twenty-four (24) square foot sign
approved by this USR. Signs shall adhere to Chapter 23, Article IV, Division 2, Section
23-2-240 A 12 and Appendices 23-C, 23-D and 23-E of the Weld County Code.
(Department of Planning Services)
14) Show and label all recorded easements and rights -of -way on the map by book and page
number or reception number including the proposed access easement through Lot 7 of
Althen-Boyer for the benefit of the subject USR parcel. (Department of Planning
Services)
15) If applicable, setback radiuses for existing oil and gas tank batteries and wellheads shall
be indicated on the map per the setback requirements of 23-3-50.E of the Weld County
Code. (Department of Planning Services)
16) This portion of County Road 6 is under the jurisdiction of the City and County of
Broomfield. Please contact the municipality to verify the future and existing 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)
RESOLUTION 1 MJUSR19-11-1737
TROY AND JUDY HEFNER
PAGE 6
4 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)
18) 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)
19) Show and label the drainage flow arrows. (Department of Public Works)
20) 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.O 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)
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 added for each
additional three (3) month period. (Department of Planning Services)
4. Prior to Construction:
A. If more than one (1) acre is to be disturbed, a Weld County Grading Permit shall be obtained.
(Department of Public Works)
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 1 MJUSR19-11 s1737
TROY AND JUDY HEFNER
PAGE 7
Motion seconded by Richard Beck.
VOTE:
For Passage
Bruce Johnson
Michael Wailes
Tom Cope
Gene Stifle
Lonnie Ford
Richard Beck
Skip Hal
and
Against Passage Absent
Elijah Hatch
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 December 3 2019.
Dated the 3r of December, 2019
\I2iuutec.� wctft
Michelle Wa l l
Secretary
RESOLUTION 1MJUSR19-11-1737
TROY AND JUDY HEFNER
PAGE 8
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Troy and Judy Hefner
I MJ USR19-11-1737
A Major Amendment, 1 MJUSR19-11-1737, to a Site Specific Development Plan and Use By Special
Review Permit USR-1737 for a business permitted as a Use by Right or an Accessory Use in the
Commercial Zone District (storage of commercial equipment and vehicles, fabrication, auto storage
and repair) and agricultural service establishments primarily engaged in performing agricultural,
animal husbandry, or horticultural services on a fee or contract basis, including: farm equipment
sales, repair and installation facilities, and one (1) additional single family dwelling unit per dot other
than those permitted under Section 23-3-20.A of the Weld County Code to add a twenty-four (24)
square -foot fence -mounted sign that exceeds the Weld County Sign Code bulk requirements and
uses permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the Commercial
or Industrial Zone Districts (contractor shop and outdoor storage facility including RVsboats, trailers,
vehicles, containers, etc.), 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)
The total number of on -site employees shall be eight (8), as stated in the application materials.
(Department of Planning Services)
The hours of operation of the storage facility are 24 -hours per day, 7 -days per week. (Department of
Planning Services)
5. The hours of operation of any business located in the metal commercial building is 7:00 am to 7:00
pm, 7 -days per week. (Department of Planning Services)
6. A► maximum of two (2) businesses may lease and be located in the metal commercial building at any
given time. (Department of Planning Services)
7. The existing and proposed landscape and screening shall be maintained in accordance with the
approved Landscape and Screening Plan. (Department of Planning Services)
8. The outdoor storage area, employee/customer parking area, and trash enclosure shall be maintained
in accordance with the approved Property Maintenance Plan. (Department of Planning Services)
9. All vehicles located within the storage area must be operational with current license plates and tags.
No derelict vehicles, as defined in Section 23-1-90 of the Weld County Code, shall be stored on the
site. (Department of Planning Services)
10. No storage or commercial operations are permitted to be located on the north side of the Bull Canal.
(Department of Planning Services)
11.. The approved twenty-four (24) square feet fence -mounted sign shall not be expanded. (Department
of Planning Services)
12. All other 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)
Health and Environment)
RESOLUTION fi MJUSR19-11-1737
TROY AND JUDY HEFNER
PAGE 9
13. The subject property is located in the Geological Hazard Overlay District with low subsidence risk. All
construction or improvements occurring in a geological hazard area as delineated by the Colorado
Geological Survey shall comply with the Overlay District requirements of Chapter 23, Article V,
Division 2 of the Weld County Code.
14. 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)
15. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Public
Works)
16. Weld County is not responsible for the maintenance of onsite drainage related features. (Department
of Public Works)
17. 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)
18. 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)
19. Waste materials shall be handled, stored, and disposed of 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)
20. All 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)
21. 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. The facility shall be operated in
accordance with the approved dust abatement plan. (Department of Public Health and Environment)
22. The facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone as
delineated in 25-12-103 C.R.S. (Department of Public Health and Environment)
23. Any vehicle or equipment washing areas shall capture all effluent and prevent discharges in
accordance with the Rules and Regulations of the Water Quality Control Commission, and the
Environmental Protection Agency. (Department of Public Health and Environment)
st co pl�h all provisions of
--Systems-.--(Department of Public
25. Adequate drinking, hand washing and toilet facilities shall be provided for employees and patrons. at
all times. For 10 or less customers per day or 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, contain hand
sanitizers and be screened from existing adjacent residential properties and public rights -of -way.
(Department of Public Health and Environment)
26. Any septic system located on the property must comply with all provisions of the Weld County Code.
pertaining to On -site Wastewater Treatment Systems. A permanent, adequate water supply shall be
provided for drinking and sanitary purposes. (Department of Public Health and Environment)
RESOLUTION 1MJUSR19-11-1737
TROY AND JUDY HEFNER
PAGE 10
27 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)
28. 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)
29. 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. (Department of Building
Inspection)
30 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.
31. 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
32. 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.
33. 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
states 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.
RESOLUTION 1MJUSR19-11-1737
TROY AND JUDY HEFNER
PAGE 11
34. 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 gore 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 nuisancewildlife; and the use of pesticides and
fertilizers in the fields, including the use of aerial spraying. It is common practice for agricultural
producers to utilize an accumulation of agricultural machinery and supplies to assist in their
agricultural operations. A concentration of miscellaneous agricultural materials often produces a
visual disparity between rural and urban areas of the County. Section 35-3.5-102, C.R.S., provides
that an agricultural operation shall not be found to be a public or private nuisance if the agricultural
operation alleged to be a nuisance employs methods or practices that are commonly or reasonably
associated with agricultural production.
Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to
assume that ditches and reservoirs may simply be moved "out of the way" of residential development
When moving to the County, property owners and residents must realize they cannot take water from
irrigation ditches, lakes. or other structures, unless they have an adjudicated right to the water.
Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice
the size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of state
and County roads outside of municipalities. The sheer magnitude of the area to be served stretches
available resources. Law enforcement is based on responses to complaints more than on patrols of
the County, and the distances which must be traveled may delay all emergency responses, including
law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must
leave their jobs and families to respond to emergencies. County gravel roads. no matter how often
they are bladed, will not provide the same kind of surface expected from a paved road. Snow removal
priorities mean that roads from subdivisions to arterials may not be cleared for several days after a
major snowstorm. Services in rural areas, in many cases, will not be equivalent to municipal services.
Rural dwellers must, by necessity, be more self-sufficient than urban dwellers.
People are exposed to different hazards in the County than in an urban or suburban setting. Farm
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.
PL RuintAxi-tc-,
I21 3IZL>I`t
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday. Decemcer 3. 2019
A regular meeting of the Weld County Planning Commission was held in the WeldCounty Administration
Building, Hearing Room. 1150 0 Street, Greeley, Colorado. This meeting was called to order by Chair,
Michael Wades, at 12:30 pm.
Roll Call.
Present_ Michael Wailes, Bruce Johnson, Gene Stifle, Torn Cope, Lonnie Ford, Richard Beck, Skip Holland.
Absent Elijah Hatch.
Also Present: Kim Ogle, Michael Hall. and Jim Flesher, Department of Planning Services; Lauren Light
and Ben Frissell, Department of Environmental Health; Hayley Balzano, Mike McRoberts and Zackery
Roberson, Public Works; Bob Choate. County Attorney. and Michelle Wall, Secretary.
Motion: Approve the November 19, 2019 Weld County Planning Commission minutes, Moved by Skip
Holland. Seconded by Gene Stolle. Motion passed unanimously.
CASE NUMBER 1 MJUSR19-11-1737
APPLICANT TROY AND JUDY HEFNER
PLANNER. MICHAEL HALL
REQUEST: A MAJOR AMENDMENT TO A SITE SPECIFIC DEVELOPMENT PLAN AND USE
BY SPECIAL REVIEW PERMIT USR-1737 FOR A BUSINESS PERMITTED AS
A USE BY RIGHT OR AN ACCESSORY USE IN THE COMMERCIAL ZONE
DISTRICT (STORAGE OF COMMERCIAL EQUIPMENT AND VEHICLES
FABRICATION, AUTO STORAGE AND REPAIR) AND AGRICULTURAL
SERVICE ESTABLISHMENTS PRIMARILY ENGAGED IN PERFORMING
AGRICULTURAL,ANIMAL HUSBANDRY, OR HORTICULTURAL SERVICES ON
A FEE OR CONTRACT BASIS, INCLUDING: FARM EQUIPMENT SALES,
REPAIR AND INSTALLATION FACILITIES, AND ONE (1) ADDITIONAL SINGLE
FAMILY DWELLING UNIT PER LOT OTHER THAN THOSE PERMITTED
UNDER SECTION 23-3-20.A OF THE WELD COUNTY CODE TO ADD A 24
SQUARE -FOOT FENCE -MOUNTED SIGN THAT EXCEEDS THE WELD
COUNTY SIGN CODE BULK REQUIREMENTS AND USES PERMITTED AS A
USE BY RIGHT, AN ACCESSORY USE, OR A USE BY SPECIAL REVIEW IN
THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS (CONTRACTOR SHOP
AND OUTDOOR STORAGE FACILITY INCLUDING RVS BOATS TRAILERS
VEHICLES, CONTAINERS, ETC.), PROVIDED THAT THE PROPERTY IS NOT
A LOT IN AN APPROVED OR RECORDED SUBDIVISION PLAT OR LOTS
PARTS OF A MAP OR PLAN FILED PRIOR TO ADOPTION OF ANY
REGULATIONS CONTROLLING SUBDIVISIONS IN THE A (AGRICULTURAL)
ZONE DISTRICT.
LEGAL DESCRIPTION E2W2SE4SW4 SECTION 23, TIN, R68W OF THE 6TH P.M., WELD COUNTY.
COLORADO.
LOCATION: NORTH OF AND ADJACENT TO CR 6, APPROXIMATELY 0.3 MILES EAST OF
THE EAST I-25 FRONTAGE ROAD.
Michael Hall, Planning Services, presented Case 1 MJUSR19-11-1737 , reading the recommendation and
comments into the record. Staff receive one phone call from a surrounding property owner who was in
support of the USR. The Department of Planning Services recommends approval of this application with
the attached conditions of approval and development standards.
The Chair asked Staff if there are any geological hazards on this site. Mr. Hall said there are none. Staff
said there was a mine shaft opening on Lot 6. The Colorado Geological Survey did have comments to
place a structure buffer around the mine shaft opening. Mr. Hall said the old coal mine depths are
approximately 400 ft deep.
Hayley Balzano, 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, and the Waste Handling Plan. Staff suggested removing Development Standard 24 because
it is the same as Development Standard 26.
Troy and Judy Hefner. 370 County Road 16.5, Longmont. Colorado Ms. Hefner explained that they would
like to expand their RV storage faclity_ She said they are keeping the uses the same on the current USR
but adding the RV storage use and amending the contractor shop use.
Commissioner Cope asked if the RV parking area will be paved or gravel. Ms. Hefner said it will be recycled
asphalt or road base gravel.
Commissioner Cope mentioned the Drainage Report that was submitted does not have a date and is not
complete. He asked if this drainage report was for the original USR or for the amended USR. Ms. Balzano
said she would look up the document and discuss in a moment.
Commissioner Cope asked the applicant what they have for drainage or the adjacent property. Ms. Hefner
replied that they have a detention pond on a separate USR and that pond will not have anything to do with
this property. The applicant said they want to use the land across the ditch and pipe water underneath the
ditch for this site. She said she will have to get FRICO°s approval and do a water study. Ms. Hefner said
they understand if it is not approved, they will have to put the detention pond on the other side.
Ms. Balzano said the drainage report was submitted for this specific site. Public Works will require a final
drainage report. She said she will defer to Mr. Hall, but it is her understanding that the Planning Department
is not agreeable to have storage on the north side of the canal; therefore. Public Works will require that is
addressed in the final drainage report. Mr. Hall said that is correct and clarified that no commercial or
storage operations will be permitted. He said there is currently not a bridge crossing. Commissioner Cope
asked if storage included water storage. Mr. Hall said that Planning would not have a problem with the
drainage being in that area if it were engineered and the applicant obtained a crossing agreement with
FRICO.
Mr. Choate stated because the FRICO ditch is a deeded ditch. FRICO will have to make the decision as to
whether the applicant gets approval to cross. Mr. Choate said the applicant would need to obtain a crossing
agreement with FRICO and also a license agreement with themselves for use of the north side of the ditch
because that would be a separate parcel that is not in the boundaries of the USR. Mr. Choate said if FRICO
approves the crossing, the applicant will have to work with the County to figure out a way to grant
themselves permission from one parcel to another.
Commissioner Holland asked for clarification on the ownership of the trailer and equipment rental portion
of the project. Mr. Hall explained that the applicant owns all portions of the property. He said the applicant
will lease out the contractor shop to tenants and those tenants will have the option to conduct any of those
uses.
Commissioner Cope asked the applicant if they planned to keep the ferce up that is on the east boundary
of their existing RV storage facility or take it down and combine a new fence with the new RV storage area.
Ms. Hefner said they planned to leave the existing fence.
Commissioner Holland asked the applicants if they live on the property. Ms. Hefner said they do not.
Commissioner Holland questioned if the houses were occupied. Ms. Hefner said they have tenants in the
houses. She said they plan to have a caretaker for the RV storage reside in one of the houses.
Ms. Hefner said she had a question about Development Standard 9 that states all vehicles located within
the storage area must be operational with current license plates and tags. No derelict vehicles shall be
stored on site. She wondered if the development standard could be modified to allow some people to store
a vehicle that is notoperational and/or does not have current license plates and tags because they just
need a place to store the vehicle until it is operational. Ms. Hefner said they do not allow vehicles that look
like a salvage vehicle with cosmetic damage.
The Chair said it is his understanding that Development Standard 9 is to avoid having a junkyard. Mr. Hall
stated that the applicant's request language does not include a commercial junkyard or salvage yard. He
said based on code, the storage of derelict vehicles would not be allowed.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
Ms. Hefner proposed putting up a solid fence along the neighbor's property instead of vegetative screening.
Mr. Hall said he was fine with that proposal.
Commissioner Stille asked how many derelict vehicles the applicant is proposing to have on their property.
Ms. Hefner responded between 5 - 10 vehicles.
Mr. Hall informed the Commissioners that Lot 7, 8 and 9 of the existing RV storage facility is already
permitted under USR16-0020 for a commercial junkyard or salvage yard. Commissioner Stille suggested
that derelict vehicles be stored on that site. Commissioner Cope agreed that is a reasonable decision.
Mr. Choate said derelict vehicles would not be allowed on this amended USIA because a commercial
junkyard or salvage yard would be a new use that has not been requested in the application. The use
cannot be expanded at this point in the application process because it has already been noticed and referral
agencies would not have the opportunity to respond to the new use. Mr. Choate sad they do have a site
where they can place derelict vehicles.
Motion: Remove Development Standard 24 as recommended by staff. Moved by Tom Cope, Seconded
by Gene Stille. Motion passed 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 1MJUSR19-11-1737 1 g-11-1737 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 Bruce Johnson, Seconded by Richard Beck.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 7).
Yes: Bruce Johnson, Gene Stille, Lonnie Ford, Michael Wailes. Richard Beck. Skip Holland, Tom Cope.
Commissioner Stille said that staff did an outstanding job showing compliance with requirements of Section
23-2-220 of the Weld County Code.
Commissioner Wades stated he concurred with Commissioner Stille. He told Mr. Hall that it has been an
honor working with him the past couple of years and wished him luck in his future endeavors.
Meeting adjourned at 3:54 pm.
Respectfully submitted,
Michelle Wall
Secretary
ATTENDANCE RECORD
NAME - PLEASE PRINT LEGIBLY
ADDRESS
EMAIL
John Doe
123 Nowhere Street, City, State, Zip
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