HomeMy WebLinkAbout20194641.tiffBEFORE THE WELD COUNTY. COLORADO. PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Elijah Hatch, 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
USR19-0051
ALYSON BUUM. C/O AB UNDERGROUND. LLC
CHRIS GATHMAN
A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A USE PERMITTED AS A USE BY RIGHT, ACCESSORY USE OR
USE BY SPECIAL REVIEW PERMIT IN THE COMMERCIAL OR INDUSTRIAL
ZONE DISTRICTS (OFFICES IN EXISTING RESIDENCE AND LIMITED PARKING
AND STORAGE OF EQUIPMENT FOR AN UNDERGROUND PIPELINE
INSTALLATION, EARTHMOVING AND STREAM/CREEK EXCAVATION
COMPANY) IN THE A(AGRICULTURAL) ZONE DISTRICT.
LOT A REC EXEMPT RE -4628, PART SE4 SECTION 14, T4N, R65W OF THE
6TH P.M.. WELD COUNTY. COLORADO.
WEST OF AND ADJACENT TO CR 47: APPROXIMATELY 500 -FEET 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 72. states, "Conversion of agricultural land to nonurban
residential, commercial and industrial uses should he accommodated when the subject site is
an area that can support such development and should attempt to be compatible with the
region."
The site is north of and adjacent to an existing USR (USR18-0025 — semi -struck parking for a
water hauling business and storage of fuel) that is screened by existing vegetation. A
screening plan is required to screen the parking and staging area from adjacent properties.
Section 22-2-50.1.5 (A. Policy 9.5) states. "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 an area that include screening requirements. limits on number of on -site
employees and limits on the number of vehicles and numbers of equipment to be parked
onsite.
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.
B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A (Agricultural)
Zone District.
Section 23-3-40.S delineates any Use permitted as a Use by Right, an Accessory Use. or
Use by Special Review in the Commercial or Industrial Zone Districts ((Offices in existing
residence and limited parking and storage of equipment for an underground pipeline
installation. earthmoving and stream/creek excavation company) provided that the property is
RESOLUTION USR19-0051
ALYSON CARNEY C/O AB UNDERGROUND, LLC
PAGE 2
not a lot in an approved or recorded subdivision plat or part 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, in part: "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 attached Conditions of Approval and Development Standards will adequately mitigate the
impacts of the proposed use on the surrounding area. Limits of hours of operation and
number of vehicles are attached to address the impacts related to this use.
C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing
surrounding land uses.
The property borders an existing commercial use to the south (USR18-0025 — semi -struck
parking for a water hauling business). Two existing single-family residences are located to the
northeast and southeast and irrigated cropland is located to the west.
No phone calls and/or correspondence has been received from surrounding property owners
regarding this case.
The Conditions of Approval require a Screening Plan. limits on hours of operation and
number of vehicles and equipment. The Development Standards and 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.
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 not located within a three (3) mile referral area of any municipality, nor is it located
within any existing Intergovernmental Agreement Area (IGA) 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 Geologic Hazard Overlay District or a Special Flood Hazard
Area. The property is located within 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 5.69 acres as -Prime and "Irrigated Land
Non -Prime" per the 1979 Soil Conservation Service Important Farmlands of Weld County
Map. This lot is a recorded exemption lot. This lot was split off from a 17 acre -parcel originally
divided from a larger irrigated cropland parcel to the west in 1992 under case number RE -
1426. The site is not currently in crop production.
G. Section 23-2-220.A.7 — There is adequate provisions for the protection of the health, safety,
RESOLUTION USR19-0051
ALYSON CARNEY C/O AB UNDERGROUND LLC
PAGE 3
and welfare of the inhabitants of the neighborhood and County.
The Design Standards (Section 23-2-240! Weld County Code). Operation Standards (Section
23-2-250, Weld County Code). Conditions of Approval and Development Standards can
ensure that there are adequate provisions for the protection of health. safety. and welfare of
the inhabitants of the neighborhood and County.
This recommendation is based, in part. upon a review of the application materials submitted by the applicant.
other relevant information regarding the request, and responses from referral entities.
The Planning Commission recommendation for approval is conditional upon the following:
1. Prior to recording the map:
A. As the existing on -site waste water treatment system (OWTS) for the residence (619920184)
will be utilized for business use, the OWTS shall be reviewed by a Colorado registered
professional engineer to determine sizing limitations. The review shall consist of observation of
the system and a technical review describing the system's ability to handle the proposed use.
The review shall be submitted to the Environmental Health Services Division of the Weld
County Department of Public Health and Environment. In the event the system is found to be
inadequately sized for the proposed use, the system shall be brought into compliance with
current OWTS regulations. (Department of Public Health and Environment)
The applicant shall submit a Screening Plan that screens the site from the Surrounding
Property Owners and rights -of -way for review and approval by the Department of Planning
Services. The site shall be screened by either an opaque wooden and/or metal fence,
vegetative screening or a combination or fencing and vegetation. If vegetation is proposed an
irrigation and maintenance plan shall be submitted for review and approval. (Department of
Planning Services)
C. The applicant shall address the requirements of the Department of Building Inspection as
stated in their referral dated 10/10/2019. A complete Change of Use Building Permit shall be
submitted to the Department of Building Inspection. (Department of Building Inspection)
The map shall be amended to delineate the following:
1. All sheets of the map shall be labeled USR19-0051. (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 approved screening as delineated in the screening plan.
(Department of Planning Services)
6. The map shall delineate the lighting which shall adhere to the Weld County Code.
(Department of Planning Services)
7 All signs shall be shown on the map and shall adhere to Chapter 23. Article IV. Division 2
and Appendices 23-C. 23-D and 23-E of the Weld County Code. (Department of Planning
Services)
8. The map shall delineate the parking area for the employees. (Department of Planning
RESOLUTION USR19-0051
ALYSON CARNEY. O1O AB UNDERGROUND. LLC
PAGE 4
Services)
9. County Road 47 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 and label on the site map or plat the existing right-of-way
(along with the documents creating the existing right-of-way) and the physical location of
the road. All setbacks shall be measured from the edge of right-of-way. This road is
maintained by Weld County. (Department of Public Works)
10. 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 operation. (Department of Public Works)
11. Show and label the approved tracking control on the site plan. (Department of Public
Works)
12. Show and label the entrance gate if applicable. An access approach that is gated shall
be designed so that the longest vehicle (including trailers) using the access can
completely clear the traveled way when the gate is closed. In no event, shall the distance
from the gate to the edge of the traveled surface be less than 35 feet. (Department of
Public Works)
13. Show and label the drainage flow arrows. (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 Public Works)
15. The applicant shall indicate specifically on the map the type of right-of-way/easement and
indicate whether it is dedicated. private, or deeded to provide adequate access to the
parcel. (Department of Public Works)
2. Upon completion of Condition of Approval #1 above. the applicant shall submit one (1) electronic copy
(.pdf) of the plat for preliminary approval to the Weld County Department of Planning Services. Upon
approval of the map the applicant shall submit a Mylar plat along with all other documentation
required as Conditions of Approval. The Mylar plat shall be recorded in the office of the Weld County
Clerk and Recorder by the Department of Planning Services. The plat shall be prepared in
accordance with the requirements of Section 23-2-260.D of the Weld County Code. The Mylar plat
and additional requirements shall be submitted within one hundred twenty (120) days from the date of
the Board of County Commissioners Resolution. The applicant shall be responsible for paying the
recording fee. (Department of Planning Services)
3. In accordance with Weld County Code Ordinance #2012-3, approved April 30, 2012, should the plat
not be recorded within the required one hundred twenty (120) days from the date of the Board of
County Commissioners Resolution. a $50.00 recording continuance charge shall be 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 prior.
(Department of Public Works)
B. The approved tracking control shall be constructed prior to on -site operation. (Department of
Public Works)
5. Prior to Operation:
A. Acceoed construction crawings and construction o :le offsite roadway improvements are
required prior to operation. (Department of Public Works)
RESOLUTION USR19-0051
ALYSON CARNEY C/O AB UNDERGROUND. LLC
PAGE 5
A. The applicant shall develop an Emergency Action and Safety Plan with the Office of Emergency
Management and the Fire District. The plan shall be reviewed on an annual basis by the Facility
operator. the Fire District and the Weld County Office of Emergency Management. Submit
evidence of acceptance to the Department of Planning Services. (Department of Planning
Services)
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)
Motion seconded by Richard Beck.
VOTE:
For Passage
Bruce Johnson
Michael Wailes
Gene Stifle
Lonnie Ford
Richard Beck
Elijah Hatch
Skip Holland
Against Passage Absent
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 October 15. 2019.
Dated the 15t of October. 2019
Kristine Ranslem
Secretary
RESOLUTION USR19-0051
ALYSON CARNEY C/O AB UNDERGROUND, LLC
PAGE 6
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Alyson Buum
USR19-0051
A Site Specific Development Plan and Use by Special Review Permit, USR19-0051. for a Use by Right,
Accessory Use or Use by Special Review Permit in the Commercial or Industrial Zone Districts (Offices in
existing residence and limited parking and storage of equipment for an underground pipeline installation,
earthmoving and stream/creek excavation company) 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 are 8.00 a.m. - 4:00 p.m. Monday — Friday as stated in the application materials.
(Department of Planning Services)
4. The number of on -site employees shall be four (4) (two full-time and two part-time employees) as stated in
the application materials. (Department of Planning Services)
5. Vehicle and equipment storage will be limited to the following:
Three (3) Excavators, One (1) 621C Wheel Loader. One (1) wheel loader. One (1) Dump Cart Trailer,
One (1) 40 -foot goose neck trailer. One (1) 20 -foot bumper pull trailer. One (1) Motor Grader. One (1)
Single -Axle dump truck. (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 landscaping and screening on the site shall be maintained in accordance with the approved screening
plan. (Department of Planning Services)
9. This site is located within the Airport Overlay District. (Department of Planning Services)
10. 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)
11. 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)
12. Waste materials shall be handled. stored. and disposed in a manner that controls fugitive dust, fugitive
particulate emissions, blowing debris. and other potential nuisance conditions. The applicant shall operate
in accordance with Chapter 14. Article 1 of the Weld County Code. (Department of Public Health and
Environment)
13. 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 USR19-0051
ALYSON CARNEY O/O AB UNDERGROUND. LLC
PAGE 7
14. Adequate drinking. hand washing. and toilet facilities shall be provided for employees and the public. 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. A permanent. adequate water supply shall
be provided for drinking and sanitary purposes. (Department of Public Health and Environment)
15. 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)
16. 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)
17. The facility shall comply with all provisions of the State Underground and Above Ground Storage Tank
Regulations. (Department of Public Health and Environment)
18. 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)
19. 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)
20. The access to the site shall be maintained to mitigate any impacts to the public road, including damages
and/or off -site tracking. (Department of Public Works)
21. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Department of Public Works)
22. 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)
23. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Public
Works)
24. Weld County is not responsible for the maintenance of onsite drainage related features. (Department of
Public Works)
25. 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)
26. 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.
27. 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)
RESOLUTION USR19-0051
ALYSON CARNEY C/O AB UNDERGROUND, LLC
PAGE 8
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. (Department of Planning Services)
29. 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)
30. The Use by Special Review area shall be limited to the plans shown hereon and governed by the
foregoing standards and all applicable Weld County regulations. Substantial changes from the plans or
Development Standards, as shown or stated, shall require the approval of an amendment of the Permit by
the Weld County Board of County Commissioners before such changes from the plans or Development
Standards are permitted. Any other changes shall be filed in the office of the Department of Planning
Services. (Department of Planning Services)
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.
RESOLUTION USR19-0051
ALYSON CARNEY. O/O AB UNDERGROUND LLC
PAGE 9
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.
EXHIBIT
PC (V\\AltitS
10)15)101R
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SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday. October 15. 2019
9
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 12:35 pm.
Roll Call.
Present: Michael Wailes, Bruce Johnson. Gene Stille. Lonnie Ford. Richard Beck. Elijah Hatch, Skip
Holland.
Absent: Tom Cope.
Also Present: Kim Ogle. Chris Gathman, Michael Hall. and Maxwell Nader. Department of Planning
Services: Lauren Light, Department of Health: Hayley Balzano and Zackery Roberson. Public Works. Bob
Choate, County Attorney, and Kris Ranslem, Secretary.
CASE NUMBER
APPLICANT
PLANNER
REQUEST
LEGAL DESCRIPTION
LOCATION.
USR19-0051
19-0051
ALYSON CARNEY C/O AB UNDERGROUND, LLC
CHRIS GATHMAN
A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A USE PERMITTED AS A USE BY RIGHT, ACCESSORY USE OR
USE BY SPECIAL REVIEW PERMIT IN THE COMMERCIAL OR INDUSTRIAL
ZONE DISTRICTS (OFFICES IN EXISTING RESIDENCE AND LIMITED
PARKING AND STORAGE OF EQUIPMENT FOR AN UNDERGROUND
PIPELINE INSTALLATION. EARTHMOVING AND STREAM/CREEK
EXCAVATION COMPANY) IN THE A(AGRICULTURAL) ZONE DISTRICT.
LOT A REC EXEMPT RE -4628, PART SE4 SECTION 14. T4N. R65W OF THE
6TH P.M.. WELD COUNTY. COLORADO.
WEST OF AND ADJACENT TO CR 47; APPROXIMATELY 500 -FEET NORTH
OF CR 44.
Chris Gathman, Planning Services, noted that the applicant's last name has changed to Buum due to
marriage. He presented Case USR19-0051 reading the recommendation and comments into the record
Mr. Gathman indicated that this application was submitted in response to a zoning violation (ZCV19-0059)
due to the operation of a pipeline business along with equipment and vehicle storage without completing
the necessary Weld County Zoning Permits. This application was submitted and determined to be complete
prior to the Weld County Zoning Code changes that became effective 7/24/2019. The Department of
Planning Services recommends approval of this application with the attached conditions of approval and
development standards.
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.
Alyson Buum. 21269 CR 47, LaSalle. Colorado. stated that the proposed use for the property is for their
excavation business. This includes trailer and truck parking. equipment parking. She added that the home
on site will be used as office space for administrative employees.
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. Balzano requested to delete Condition of Approval 5 as there is no Improvements Agreement required.
Motion: Delete Condition of Approval 5.A. Moved by Elijah Hatch, Seconded by Richard Beck. 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 USR19-0051 to the Board of County Commissioners along with the Conditions of
Approval and Development Standards with the Planning Commission's recommendation of approval.
Moved by Elijah Hatch. Seconded by Richard Beck.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 7).
Yes: Bruce Johnson, Elijah Hatch. Gene Stille, Lonnie Ford. Michael Wailes, Richard Beck, Skip Holland.
Meeting adjourned at 1:31 pm.
Respectfully submitted,
Kristine Ranslem
Secretary
2
ATTENDANCE RECORD
NAME - PLEASE PRINT
LEGIBLY
ADDRESS
EMAIL
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123 Nowhere Street, City, State, Zip
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