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Home My WebLink About20190164.tiffBEFORE THE WELD COUNTY. COLORADO. PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Michael Wailes. 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 U S R 18-0071 JOHN AND ALICE KUERSTEN MICHAEL HALL A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT FOR A USE PERMITTED AS A USE BY RIGHT AN ACCESSORY USE. OR A USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS (CONSTRUCTION BUSINESS STORAGE YARD FOR TRUCKS TRAILERS. PIPE. MATERIALS AND EQUIPMENT) PROVIDED THAT THE PROPERTY IS NOT A LOT IN AN APPROVED OR RECORDED SUBDIVISION PLAT OR LOTS PART OF A MAP OR PLAN FILED PRIOR TO ADOPTION OF ANY REGULATIONS CONTROLLING SUBDIVISIONS IN THE A (AGRICULTURAL) ZONE DISTRICT. LOT B REC EXEMPT RECX15-0156, PART SW4 SECTION 16. T4N, R66W OF THE 6TH P.M.. WELD COUNTY COLORADO. EAST OF AND ADJACENT TO CR 29, APPROXIMATELY 0.32 MILES NORTH OF CR 44. 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. 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. Productive agricultural activities are not readily supported on this parcel because of the small lot size and lack of irrigation water. Additionally. the site is in a rural area but has easy access to transportation networks with Highway 60, approximately one (1) mile to the west and Highway 85. approximately two (2) miles to the east. There is a large feedlot 0.5 miles to the north that makes the area unlikely for higher density residential development. The commercial use is appropriate if the use is screened from adjacent residential and agricultural uses. Additionally. the subject operation provides a needed support service to the growing construction and infrastructure needs of Weld County. Section 22-2-20.H. - A. Goal 8. States. "Ensure that adequate services and facilities are currently available or reasonably obtainable to accommodate the requested new land use change for more intensive development." Water and septic service are provided to the property. A water well (permit #267999) provides water service to the property for future residential purposes. A septic system is proposed for future residential purposes. No structures are proposed to be used for the business. The business will be served by a portable toilet and bottled water will be provided for employees when they are at the site. Section 22-2-20. H. 8 - A. Policy 8.4. states. The land use applicants should demonstrate that drainage providing stormwater management for the proposed land use change is adequate for the type and style of development and meets the requirements of county. state and federal rules and regulations." RESOLUTION USR18-0071 JOHN AND ALICE KUERSTEN PAGE 2 The drainage narrative was submitted and reviewed by the Department of Public Works. The site meets exception F.1 _a.8 for sites where the development of the site does not increase the imperviousness of the site. 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 Review which have been determined to be more intense or to have a potentially greater impact than Uses Allowed by Right." Section 23-3-40.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." 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. confined animal feeding operations and miscellaneous commercial and industrial operations. There are five (5) properties immediately adjacent to the site; two (2) with residences located on them. The applicant does not own any other contiguous land. There are several USRs within one (1) mile of this site. SUP -21 for a feedlot to the north. SUP -252 for a water recycling plant to the northeast. MUSR15-0016 for fairgrounds and brewery to the southeast. USR-1185 for a machine repair shop to the south. USR-1354 for a gravel mining to the northwest. There are several USRs beyond the mile radius including recreational facilities. mineral resource development facilities. oil and gas support and services operations, salvage and sales yards. and industrial office parks. The Weld County Department of Planning Services sent notice to seven (7) surrounding property owners within 500 -feet of the proposed USR boundary. Planning staff received five (5) letters in opposition to this USR and are Planning Commission Exhibits #1-5. Two (2) letters were received from properties within 500 -feet notice area and three (3) letters were received from properties outside the notice area. The letters outlined concerns with noise. traffic safety. lowering property values. changing the neighborhood dynamic and incompatibility with the area. The Improvements Agreement, Conditions of Approval and Development Standards should adequately address these concerns. Additionally. the existing berming and fencing around the perimeter of the site and storage yard visually buffers the operation from surrounding property owners and the roadways. The applicant has also indicated that 80% of the commercial traffic will come from the north from County Road 46 where only one (1) residence is located and 20% of the traffic will come from the south from County Road 44 where five (5) residences are located (including the properties in opposition) in an effort to reduce impacts to surrounding property owners. D. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with future development of the surrounding area as permitted by the existing zoning and with the future development as projected by Chapter 22 of the Weld County Code and any other applicable code provisions or ordinances in effect. or the adopted Master Plans of affected municipalities. This site is located within the three (3) mile referral area of the City of Evans. Town of Gilcrest. Town of Milliken and Town of Platteville. The Gilcrest and Platteville referral RESOLUTION USR18-0071 JOHN AND ALICE KUERSTEN PAGE 3 responses. dated August 14 and August 28 2018. stated no concerns. No responses were received from Evans or Milliken. The site is located within the Milliken and Platteville Coordinated Planning Agreement (CPA) boundaries. As part of the pre -application process, Milliken and Platteville submitted signed Notice of Inquiry forms that stating that they did not have annexation interest. The site is not located in a Regional Urbanization Area (RUA) or Urban Growth Boundary (UGB) of a municipality. Section 23-2-220.A.5 -- The application complies with Chapter 23. Articles V and Xl. of the Weld County Code. The property is not within the A -P (Airport) Overlay District. Geologic Hazard Overlay District, a Special Flood Hazard Area or 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. Building Permits issued on the proposed lot will be required to adhere to the fee structure of the County Facility Fee and Drainage Impact Fee Programs. 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 site contains soils designated as Prime (Irrigated) - Farmlands of National Importance." The subject property is not currently used for agricultural purposes and will not further remove any active farm ground from production. Due to the small size of the property and being located in an area that has been thoroughly split by recorded exemptionsit is not suitable for agricultural production. G. Section 23-2-220.A.7 -- There is adequate provisions for the protection of the health, safety. and welfare of the inhabitants of the neighborhood and County. The Design Standards (Section 23-2-240.. Weld County Code). Operation Standards (Section 23-2-250, Weld County Code). Conditions of Approval and Development Standards can ensure that there are adequate provisions for the protection of health. safety, and welfare of the inhabitants of the neighborhood and County. This recommendation is based. in part. upon a review of the application materials submitted by the applicant. other relevant information regarding the request. and responses from referral entities. The Planning Commission recommendation for approval is conditional upon the following: Prior to recording the map. A. The applicant shall submit a Landscape and Screening Plan for review and approval by the Department of Planning Services. (Department of Planning Services) B. The applicant shall address the requirements of the Colorado Division of Water Resources regarding re -permitting the existing water well (permit # 267999), as stated in the referral response dated July 25. 2018. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Planning Services) C. An Improvements and Road Maintenance Agreement is required for off -site improvements at this location. Road maintenance includes. but is not limited to. dust control and damage repair to specified haul routes. The Agreement shall include provisions addressing engineering requirements, submission of collateral. and testing and approval of completed improvements. (Department of Public Works) RESOLUTION USR18-0071 JOHN AND ALICE KUERSTEN PAGE 4 D. The map shall be amended to delineate the following: 1) All sheets of the map shall be labeled USR18-0071. (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 parking areas for commercial vehicle and employee vehicles. (Department of Planning Services) 5) Show and label the outdoor storage yard for equipment and materials. (Department of Planning Services) 6) Show and label the existing and proposed landscaping. screening and berming. (Department of Planning Services) 7) Show and label the location of the portable toilets. (Department of Planning Services) 8) 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) 9) If applicable. signs shall be shown on the map and 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) 10) If applicable. the map shall delineate the lighting. All lighting shall be shielded so that light rays will not shine directly onto adjacent properties in accordance with the Dark Sky Standard. (Department of Planning Services) 11) 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) 12) Show and label all recorded easements and rights -of -way on the map by book and page number or reception number. (Department of Planning Services) 13) County Road 29 is a gravel road and is designated on the Weld County Functional Classification Map as a local road which requires 60 feet of right-of-way at full buildout. The applicant shall delineate on the site plan the existing right-of-way. All setbacks shall be measured from the edge of right-of-way. This road is maintained by Weld County. (Department of Public Works) 14) Show and label the approved access locations. approved access width and the appropriate turning radii (60') on the site plan. The applicant must obtain an access permit in the approved location(s) prior to construction. (Department of Public Works) 15) If applicable. show and label the entrance gate. 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) RESOLUTION USR18-0071 JOHN AND ALICE KUERSTEN PAGE 5 16) The applicant shall show the drainage flow arrows. (Department of Public Works) 17) Show and label the parking and traffic circulation flow arrows showing how the traffic moves around the property. (Department of Public Works) 2. Upon completion of Condition of Approval #1 above. the applicant shall submit one (1) electronic copy (.pdf) of the map for preliminary approval to the Weld County Department of Planning Services. Upon approval of the map the applicant shall submit a Mylar map along with all other documentation required as Conditions of Approval. The Mylar map shall be recorded in the office of the Weld County Clerk and Recorder by the Department of Planning Services. The map shall be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code. The Mylar map and additional requirements shall be submitted within one hundred twenty (120) days from the date of the Board of County Commissioners Resolution. The applicant shall be responsible for paying the recording fee. (Department of Planning Services) 3. In accordance with Weld County Code Ordinance #2012-3, approved April 30. 2012, should the map not be recorded within the required one hundred twenty (120) days from the date of the Board of County Commissioners Resolution. a $50.00 recording continuance charge shall be added for each additional three (3) month period. (Department of Planning Services) 4. The Department of Planning Services respectfully requests a digital copy of this "Use by Special Review". as appropriate. Acceptable format is a projected ESRI shapefile (.shp. .shx. .dbf. .prj) with a defined coordinate system (i.e.. NAD 1983 UTM Zone 13N, WGS 1984. NAD 1983 HARN StatePlane Colorado North FIPS 0501 (US Feet) _ .etc.).This digital file may be sent to maps@co.weld.co.us. (Department of Planning Services) 5. Prior to Construction: A. If more than one (1) acre is to be disturbed. a Weld County Grading Permit will be required. (Department of Public Works) 6. The Use by Special Review activity shall not occur, nor shall any building or electrical permits be issued on the property. until the Use by Special Review map is ready to be recorded in the office of the Weld County Clerk and Recorder or the applicant has been approved for an early release agreement. (Department of Planning Services) Motion seconded by Tom Cope. VOTE: For Passage Bruce Johnson Michael Wailes Tom Cope Gene Stille Lonnie Ford Richard Beck Elijah Hatch Against Passage Absent Bruce Sparrow Skip Holland 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. RESOLUTION USR18-0071 JOHN AND ALICE KUERSTEN PAGE 6 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 December 4. 2018. Dated the 4' of December. 2018 Kristine Ranslem Secretary RESOLUTION USR18-0071 JOHN AND ALICE KUERSTEN PAGE 7 SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS John and Alice Kuersten USR18-0071 A Site Specific Development Plan and Use by Special Review Permit. USR18-0071. for a Use Permitted as a Use by Right. an Accessory Use, or a Use by Special Review in the Commercial or Industrial Zone Districts (construction business storage yard for trucks. trailers. pipe, materials and equipment) provided that the property is not a lot in an approved or recorded subdivision plat or lots part of a map or plan filed prior to adoption of any regulations controlling subdivisions in the A (Agricultural) Zone District. (Department of Planning Services) 2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County Code. (Department of Planning Services) 3. The hours of operation of the business is TOO am to TOO pm. Monday thru Saturday. during which time employees may access the site to pick-up and drop-off, commercial vehicles. equipment and materials. Commercial vehicles, equipment and materials will be stored on site 24 -hours a day. (Department of Planning Services) 4. The maximum number of external employees shall be ten (10). (Department of Planning Services) 5. The maximum number of vehicle trips per day shall be twenty (20) ten (10). (Department of Planning Services) 6. The construction storage yard and commercial vehicle and employee parking areas on the site shall be maintained. (Department of Planning Services) 7. The site shall be maintained in accordance with the approved Landscape and Screening Plan. (Department of Planning Services) 8. 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) 9. The property owner shall control noxious weeds on the site. (Department of Public Works) 10. The access on the site shall be maintained to mitigate any impacts to the public road including damages and/or off -site tracking. (Department of Public Works) 11. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized. (Department of Public Works) 12. Any work that may occupy and or encroach upon any County rights -of -way or easement shall acquire an approved Right -of -Way Use Permit prior to commencement. (Department of Public Works) 13. The property owner shall comply with all requirements provided in the executed Improvements Agreement. (Department of Public Works) 14. The Improvements Agreement for this site shall be reviewed on an annual basis. including possible updates (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) RESOLUTION USR18-0071 JOHN AND ALICE KUERSTEN PAGE 8 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. 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) 21. The facility shall adhere to the maximum permissible noise levels allowed in the Residential Zone as delineated in 25-12-103 C.R.S. (Department of Public Health and Environment) 22. Adequate drinking. hand washing. and toilet facilities shall be provided for employees. at all times. Any septic system located on the property must comply with all provisions of the Weld County Code. pertaining to On -site Wastewater Treatment Systems. (Department of Public Health and Environment) 23. For employees or contractors on site for less than 2 consecutive hours a day. and 2 or less full-time employees on site. portable toilets and bottled water are acceptable. Records of maintenance and proper disposal for portable toilets shall be retained on a quarterly basis and available for review by the Weld County Department of Public Health and Environment. Portable toilets shall be serviced by a cleaner licensed in Weld County and shall contain hand sanitizers. (Department of Public Health and Environment) 24. A permanent, adequate water supply shall be provided for drinking and sanitary purposes. The existing well (permit 2679999) cannot be used for the business unless it is re -permitted to allow commercial use. (Department of Public Health and Environment) 25. 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) 26. 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) 27. A building permit may be required, per Section 29-3-10 of the Weld County Code. Currently the following has been adopted by Weld County: 2012 International Codes: 2006 International Energy Code. 2017 National Electrical Code; A building permit application must be completed and two complete sets of engineered plans bearing the wet stamp of a Colorado registered architect or engineer must be submitted for review. A geotechnical engineering report performed by a registered State of Colorado engineer shall be required or an open hole inspection. (Department of Building Inspection) 28. 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. RESOLUTION USR18-0071 JOHN AND ALICE KUERSTEN PAGE 9 29. 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. 30. 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. 31. 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. 32. 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 RESOLUTION USR18-0071 JOHN AND ALICE KUERSTEN PAGE 10 available resources. Law enforcement is based on responses to complaints more than on patrols of the County, and the distances which must be traveled may delay all emergency responses. including law enforcement. ambulance. and fire. Fire protection is usually provided by volunteers who must leave their jobs and families to respond to emergencies. County gravel roads. no matter how often they are bladed, will not provide the same kind of surface expected from a paved road. Snow removal priorities mean that roads from subdivisions to arterials may not be cleared for several days after a major snowstorm. Services in rural areas, in many cases, will not be equivalent to municipal services. Rural dwellers must, by necessity, be more self-sufficient than urban dwellers. People are exposed to different hazards in the County than in an urban or suburban setting. Farm equipment and oil field equipment. ponds and irrigation ditches, electrical power for pumps and center pivot operations. high speed traffic. sandburs. puncture vines, territorial farm dogs and livestock. and open burning present real threats. Controlling children's activities is important. not only for their safety, but also for the protection of the farmer's livelihood. PC Mnudc-s 1216HI2b18 SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING Tuesday. December 4, 2018 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 1210 pm Roll Call Present: Bruce Johnson, Elijah Hatch. Gene Stille. Lonnie Ford. Michael Wailes, Richard Beck. Tom Cope. Absent/Excused Bruce Sparrow. Skip Holland. Also Present. Kim Ogle, Chris Gathman. and Michael Hall. Department of Planning Services; Lauren Light and Ben Frissell. Department of Health. Evan Pinkham. Mike McRoberts and Hayley Balzano. Public Works; Frank Haug. County Attorney. and Kris Ranslem. Secretary CASE NUMBER APPLICANT PLANNER REQUEST LEGAL DESCRIPTION. LOCATION USR18-0071 JOHN AND ALICE KUERSTEN MICHAEL HALL A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT FOR A USE PERMITTED AS A USE BY RIGHT AN ACCESSORY USE. OR A USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS (CONSTRUCTION BUSINESS STORAGE YARD FOR TRUCKS TRAILERS PIPE MATERIALS AND EQUIPMENT) PROVIDED THAT THE PROPERTY IS NOT A LOT IN AN APPROVED OR RECORDED SUBDIVISION PLAT OR LOTS PART OF A MAP OR PLAN FILED PRIOR TO ADOPTION OF ANY REGULATIONS CONTROLLING SUBDIVISIONS IN THE A (AGRICULTURAL) ZONE DISTRICT LOT B REC EXEMPT RECX15-0156, PART SW4 SECTION 16. T4N R66W OF THE 6TH P M WELD COUNTY COLORADO EAST OF AND ADJACENT TO CR 29; APPROXIMATELY 0.32 MILES NORTH OF CR 44 Michael Hall. Planning Services. presented Case USR18-0071, reading the recommendation and comments into the record. Mr. Hall noted that five (5) letters of opposition were received outlining concerns of noise. traffic safety lowering property values. changing the neighborhood dynamic and incompatibility with the area The Department of Planning Services recommends approval of this application with the attached conditions of approval and development standards Evan Pinkham. Public Works_ reported on the existing traffic, access to the site and drainage conditions for the site An Improvements Agreement will be required for the site. Lauren Light. Environmental Health, reviewed the public water and sanitary sewer requirements. on -site dust control. and the Waste Handling Plan. John Kuersten, 3954 Heatherwood Circle, Johnstown, Colorado, stated that the property is for overflow parking for their business. such as trucks. trailers and possibly some construction materials. He added that they are not looking to operate a full-time business from this location. They bought this property to build a residence and a shop building Mr. Kuersten said that they are requesting 20 truck trips per day. however. they do not anticipate that much traffic. Commissioner Wailes asked if the future residence will be the applicant's. Mr Kuersten replied yes The Chair asked if there was anyone in the audience who wished to speak for or against this application. Tomm Owens. 21245 CR 29. Platteville. Colorado. said that he is in opposition to this request He is concerned with the young children in the area and the increased traffic. If the traffic is increased by 20 trucks per day. it will injure the neighboring houses in terms of property values Additionally, he is concerned 1 with what impacts there might be if the property is sold in the future. He is in support of property rights. but if this permit is approved he would like to see restrictions on the permit. He asked who watches over this property to make sure that it is operated under the approved permit. The Chair asked Staff to explain what happens if this property is sold. Mr, Hall said that in rare occasions there has been a restriction placed on the USR that it is not transferrable to new owners. He added that based on the given request any future property owner would need to follow the same guidelines of the approved USR_ If there is any change to the business. the property owner would need to submit an amendment to the permit, with ability for the public to comment. With regard to monitoring the property, Staff does not initiate complaints and encourages the citizens to notify Staff of any deviations to the permit. The Chair asked the applicant to elaborate on the traffic Mr. Kuersten said that 80 to 90 percent of the truck traffic will come from the north and there is only one residence there with no young children He added that there may be some trucks that will turn left. however, they have instructed them to come from the north. Commissioner Cope asked the applicant if they would be willing to decrease the trucks to 10 trucks per day. Mr. Kuersten replied that he would be willing to do that. He added that they have made attempts to build fences and screening berms He further added that they want to be good neighbors. Motion: Amend Development Standard 5 to reflect ten (10) vehicle trips per day. Moved by Tom Cope. Seconded by Bruce Johnson. Motion carried unanimously. The Chair asked the applicant if they have read through the amended Development Standards and Conditions of Approval and if they are in agreement with those. The applicant replied that they are in agreement_ Motion: Forward Case USR18-0071 to the Board of County Commissioners along with the amended Conditions of Approval and Development Standards with the Planning Commissions recommendation of approval. Moved by Michael Wailes. Seconded by Tom Cope_ Vote: Motion carried by unanimous roll call vote (summary: Yes = 7). Yes: Bruce Johnson, Elijah Hatch. Gene Stille. Lonnie Ford. Michael Wailes. Richard Beck. Tom Cope Absent: Skip Holland The Chair asked the public if there were other items of business that they would like to discuss No one wished to speak. The Chair asked the Planning Commission members if there was any new business to discuss. No one wished to speak Meeting adjourned at 5:34 pm. Respectfully submitted. 461.6ant--40-16LAtt, Kristine Ranslem Secretary 2 ATTENDANCE RECORD NAME - PLEASE PRINT LEGIBLY ADDRESS EMAIL John Doe 123 Nowhere Street, City, State, Zip Thvvwi 0 1J) b N Se J t }�s Li- °, (ri ng t \C O C✓Vr14. (.nil a4 d t 4.5 41 A4 v e_ (2t1 E Y ,LOVAM4e An o 8. gr F/ch nc , ti -f -vi `, kr I'i ' O l 1 S .e " (39 C_-(2.___ S cl K e r eirnti y: -Aclo t, Cow) nil 72e--Te 23 930 C f S q K•ers f 7 y tifra«‘s irtiv-C Cu/. 4-J 1 l `ni4i _ `--3 v Z -C c -c 5—C7 ! ! 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