HomeMy WebLinkAbout20193476.tiffBEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Tom Cope, 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:
USR19-0037
CARVER LANDSCAPE COMPANY
CHRIS GATHMAN
A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR ANY USE PERMITTED AS A USE BY RIGHT, AN ACCESSORY
USE, OR A USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL
ZONE DISTRICTS (OFFICE, SHOP, VEHICLE AND EQUIPMENT STORAGE AND
STORAGE OF LANDSCAPING MATERIAL ASSOCIATED WITH A LANDSCAPE
BUSINESS) PROVIDED THAT THE PROPERTY IS NOT LOT IN AN APPROVED
OR RECORDED SUBDIVISION PLAT OR LOTS PARTS OF A MAP OR PLAN
FILED PRIOR TO ADOPTION OF ANY REGULATIONS CONTROLLING
SUBDIVISIONS IN THE A (AGRICULTURAL) ZONE DISTRICT.
LOT A REC EXEMPT RE -670, PART W2NW4 SECTION 16, T7N, R66 OF THE
6TH P M. WELD COUNTY. COLORADO.
EAST OF AND ADJACENT TO CR 29; APPROXIMATELY 0 5 MILE NORTH OF
CR 80
be recommended favorably to the Board of County Commissioners for the following reasons:
1. The submitted materials are in compliance with the application requirements of Section 23-2-260 of
the Weld County Code.
2. It is the opinion of the Planning Commission that the applicant has shown compliance with Section
23-2-220 of the Weld County Code as follows.
A. Section 23-2-220,A.1 -- The proposed use is consistent with Chapter 22 and any other
applicable code provisions or ordinance in effect.
22-2-20 G.2 A. Policy 7 2 Conversion of agricultural land to nonurban residential. commercial
and industrial uses should be accommodated when the subject site is in an area that can
support such development and should attempt to be compatible with the region.
The applicant is proposing a screening and landscaping plan to screen the property from the
adjacent residence. There is currently landscaping/screening located along the south
property line.
Section 22-2-20 1.5 A.Policy 9.5. Applications for a change of land use in the agricultural
areas should be reviewed in accordance with all potential impacts to surrounding properties
and referral agencies
The proposed use is in an area that can support this development and the Development
Standards, and the Conditions of Approval including screening requirements. limits on the
number of on -site employees, and a road maintenance agreement and limits on the amount
of vehicles on -site 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.2 -- The proposed use is consistent with the intent of the A (Agricultural)
Zone District.
Section 23-340.S delineates any use permitted as a Use by Right. an Accessory Use, or a
Use by Special Review in the commercial or industrial zone districts (concrete construction
business for commercial vehicle and equipment storage) provided that the property is not a
Lot in an approved or recorded subdivision plat or lots parts of a map or plan filed prior to
adoption of any regulations controlling subdivisions as a Use by Special Review in the
A(Agricultural) Zone District.
RESOLUTION USR19-0037
CARVER LANDSCAPE COMPANY
PAGE 2
Section 23-3-10 — Intent states: "The A (Agricultural) Zone District is also intended to provide
areas for the conduct of uses by Special Review which have been determined to be more
intense or to have a potentially greater impact than uses Allowed by Right."
The attached development standards and conditions of approval will adequately mitigate the
impacts of the proposed use on the surrounding area. Limits on hours of operation and
number of vehicles are attached to address the impacts related to this use.
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 residence immediately to the south and a residential parcel
to the north There is an existing feedlot (approved under SUP -57) is located to the
northwest The property is screened from the property to the south by existing trees and
vegetation.
One letter of concern/objection was received dated 7/12/2019. The letter expressed concerns
with the property not being maintained (weeds and landscaping materials strewn across the
property) in the past The letter expressed that the property would continue to upkeep the
property should this USR be approved.
No phone calls have been received from surrounding property owners regarding this
application since referrals have been sent out for this case.
Several development standards and conditions of approval are attached including limits on
hours of operation, number and type of vehicles associated with the business and an updated
landscaping and screening plan to address compatibility with the surrounding area.
Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with future
development of the surrounding area as permitted by the existing zoning and with the future
development as projected by Chapter 22 of the Weld County Code and any other applicable
code provisions or ordinances in effect. or the adopted Master Plans of affected
municipalities.
The site is located within the three (3) mile referral area of the Town of Ault and the Town of
Severance. The site is located within cooperative planning agreement (IGA) boundaries for
both the Town of Ault and Town of Severance. Prior to sending out referrals for this case, the
Town of Ault and the Town of Severance indicated that they are not interested in pursuing
annexation at this time. No referral response has been received from the Town of Ault and
the Town of Severance in regard to this case.
Section 23-2-220.A.5 -- The application complies with Chapter 23, Articles V and XI. of the
Weld County Code.
The property is not within the Geologic Hazard Overlay District, a Special Flood Hazard Area
or the Airport Overlay District.
Building Permits issued on the lot will be required to adhere to the fee structure of the
County -Wide Road Impact Fee Program.
Building Permits issued on the 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 proposed facility is located on approximately 6.05 acres delineated as "Prime" per the
1979 Soil Conservation Service Important Farmlands of Weld County Map. A portion of the
RESOLUTION USR19-0037
CARVER LANDSCAPE COMPANY
PAGE 3
site is covered with existing buildings. access and storage.
Section 23-2-220.A.7 — There is adequate provisions for the protection of the health. safety.
and welfare of the inhabitants of the neighborhood and County.
The Design Standards (Section 23-2-240, Weld County Code), Operation Standards (Section
23-2-250, Weld County Code), Conditions of Approval and Development Standards can
ensure that there are adequate provisions for the protection of health. safety, and welfare of
the inhabitants of the neighborhood and County.
This recommendation is based, in part. upon a review of the application materials submitted by the applicant,
other relevant information regarding the request, and responses from referral entities.
The Planning Commission recommendation for approval is conditional upon the following:
1. Prior to recording the plat:
A Address the Public Works referral relating to the location of accesses for the USR. (Department
of Public Works)
A Road Maintenance Agreement is required at this location. Road maintenance includes, but is
not limited to, dust control and damage repair to specified haul routes. (Department of Public
Works)
The applicant shall submit a revised Screening/Landscape Plan for review and approval by the
Department of Planning Services. The size and/or height of the landscaping materials shall be
delineated on the map and a landscape maintenance plan shall be provided. (Department of
Planning Services)
An On -Site Wastewater Treatment System (OWTS) is required for the proposed facility and
shall be installed according to the Weld County On -Site Wastewater Treatment System
Regulations. (Department of Public Health and Environment)
A letter signed by the property owner requesting that USR-617 be vacated shall be provided to
the Department of Planning Services. (Department of Planning Services)
The plat shall be amended to delineate the following:
1 All sheets of the map shall be labeled USR19-0037 (Department of Planning Services)
2 The attached Development Standards. (Department of Planning Services)
3. The map shall be prepared in accordance with Section 23-2-260.D of the Weld County
Code. (Department of Planning Services)
4. The applicant shall delineate on the map the trash collection areas. Section 23-3-350.H
of the Weld County Code addresses the issue of trash collection areas. (Department of
Planning Services)
5. The map shall delineate the landscaping and/or screening (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)
RESOLUTION USR19-0037
CARVER LANDSCAPE COMPANY
PAGE 4
8 The map shall delineate the parking area for the vendors. customers and/or employees.
(Department of Planning Services)
9. County Road 29 is designated on the Weld County Functional Classification Map as an
arterial road, which in this location requires 100 feet of right-of-way. If the right-of-way
cannot be verified it shall be dedicated. The applicant shall delineate and label on the site
map or plat the future and 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 future right-of-way. (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 recording the USR map. (Department of Public
Works)
11
Show and label the approved tracking control on the site plan. For access to paved
roads. tracking control devices can be double cattle guards with 100 ft. of asphalt or 300
ft of asphalt. (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 the parking and traffic circulation flow arrows showing how the traffic
moves around the property. (Department of Public Works)
15 Show and label all recorded easements on the map by book and page number or
reception number and date on the site plan (Department of Planning Services)
2. Upon completion of Condition of Approval #1 above. the applicant shall submit one (1) electronic copy
(.pdf) of the plat for preliminary approval to the Weld County Department of Planning Services. Upon
approval of the plat 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. 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 1 acre is to be disturbed. a Weld County grading permit will be required.
(Department of Public Works)
RESOLUTION USR19-0037
CARVER LANDSCAPE COMPANY
PAGE 5
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 Michael Wailes.
VOTE
For Passage
Bruce Johnson
Bruce Sparrow
Michael Wailes
Tom Cope
Gene Stille
Lonnie Ford
Richard Beck
Elijah Hatch
Against Passage Absent
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.
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 July 16. 2019.
Dated the 16th of July. 2019
Kristine Ranslem
Secretary
RESOLUTION USR19-0037
CARVER LANDSCAPE COMPANY
PAGE 6
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Carver Landscape Company
USR19-0037
A Site Specific Development Plan and Use by Special Review Permit, USR19-0037, for use permitted as
a Use by Right, an Accessory Use. or a Use by Special Review in the Commercial or industrial zone
districts (office, shop, vehicle and equipment storage and storage of landscaping material associated with
a landscape business) 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 7:00 a.m. - 5:00 p.m. Monday — SundayFriday. (Department of Planning
Services)
4. The number of on -site employees shall be limited to six (6) full-time employees and six (6) seasonal
employees as stated in the application materials. (Department of Planning Services)
5. The maximum number of business vehicles parked on -site at any one time shall be limited to four pick up
(4) trucks. five (5) skid steers and five (5) trailers. (Department of Planning Services)
6. The parking area on the site shall be maintained. (Department of Planning Services)
7. All signs shall adhere to Chapter 23, Article IV, Division 2 and Appendices 23-C, 23-D and 23-E of the
Weld County Code. (Department of Planning Services)
8. The existing and proposed landscaping and screening on the site shall be maintained. (Department of
Planning Services)
9. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, Section 30-20-
100.5, C.R.S.) shall be stored and removed for final disposal in a manner that protects against surface
and groundwater contamination. (Department of Public Health and Environment)
10. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those wastes
specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites and Facilities
Act, Section 30-20-100.5, C.R.S. (Department of Public Health and Environment)
11. Waste materials shall be handled. stored, and disposed in a manner that controls fugitive dust, fugitive
particulate emissions, blowing debris, and other potential nuisance conditions. The facility shall operate in
accordance with Chapter 14. Article 1 of the Weld County Code. (Department of Public Health and
Environment)
12. Fugitive dust should attempt to be confined on the property. Uses on the property should comply with the
Colorado Air Quality Commission's air quality regulations. (Department of Public Health and Environment)
13. Adequate drinking, handwashing and toilet facilities shall be provided for employees of the facility. at all
times. Any septic system located on the property must comply with all provisions of the Weld County
Code, pertaining to Onsite Waste Water Treatment Systems. (Department of Public Health and
Environment)
14. A permanent, adequate water supply shall be provided for drinking and sanitary purposes. (Department of
Public Health and Environment)
RESOLUTION USR19-0037
CARVER LANDSCAPE COMPANY
PAGE 7
15. This facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone as
delineated in 25-12-103 C.R.S. (Department of Public Health and Environment)
16. 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)
17. 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)
18. 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)
19. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Department of Public Works)
20. 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)
21. The Property Owner shall comply with all requirements provided in the executed Road Maintenance
Agreement. (Department of Public Works)
22. The Road Maintenance Agreement for this site may be reviewed on an annual basis, including a site visit
and possible updates. (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)
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)
RESOLUTION USR19-0037
CARVER LANDSCAPE COMPANY
PAGE 8
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.
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
RESOLUTION USR19-0037
CARVER LANDSCAPE COMPANY
PAGE 9
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 M1ntA+f,S
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SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday. July 16, 2019
A regular meeting of the Weld County Planning Commission was held in the Weld County Administration
Building, Hearing Room, 1150 O Street. Greeley, Colorado. This meeting was called to order by Chair.
Michael Wailes. at 12:30 pm.
Roll Call.
Present: Michael Wailes, Bruce Sparrow. Bruce Johnson, Gene Stifle, Tom Cope. Lonnie Ford, Richard
Beck, Elijah Hatch.
Absent: Skip Holland.
Also Present: Chris Gathman and Angela Snyder, Department of Planning Services; Lauren Light and Ben
Frissell. Department of Health: Evan Pinkham, Hayley Balzano, Evan Pinkham, and Mike McRoberts,
Public Works: Bob Choate, County Attorney, and Kris Ranslem, Secretary
The Chair called a recess at 1:29 pm and reconvened the hearing at 1:35 pm.
CASE NUMBER:
APPLICANT:
PLANNER:
REQUEST:
LEGAL DESCRIPTION
LOCATION
USR19-0037
CARVER LANDSCAPE COMPANY
CHRIS GATHMAN
A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR ANY USE PERMITTED AS A USE BY RIGHT, AN ACCESSORY
USE, OR A USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL
ZONE DISTRICTS (OFFICE. SHOP, VEHICLE AND EQUIPMENT STORAGE
AND STORAGE OF LANDSCAPING MATERIAL ASSOCIATED WITH A
LANDSCAPE BUSINESS) PROVIDED THAT THE PROPERTY IS NOT A LOT IN
AN APPROVED OR RECORDED SUBDIVISION PLAT OR LOTS PARTS OF A
MAP OR PLAN FILED PRIOR TO ADOPTION OF ANY REGULATIONS
CONTROLLING SUBDIVISIONS IN THE A (AGRICULTURAL) ZONE DISTRICT
LOT A REC EXEMPT RE -670, PART W2NW4 SECTION 16; T7N, R66 OF THE
6TH P M.. WELD COUNTY. COLORADO.
EAST OF AND ADJACENT TO CR 29; APPROXIMATELY 0.5 MILE NORTH OF
CR 80
Chris Gathman. Planning Services, presented Case USR19-0037, reading the recommendation and
comments into the record. Mr. Gathman noted that one (1) letter from a surrounding property owner was
received regarding concerns of excessive weeds and storage of unsightly items. 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. Ms. Balzano referred to the Access Control Plan for County Road 29 and added that this
access and a neighboring access are identified as a safety concern due to the spacing of the accesses.
Lauren Light. Environmental Health, reviewed the public water and sanitary sewer requirements. on -site
dust control, and the Waste Handling Plan.
Tim Carver. 284 Madero Way, Windsor. Colorado, stated that he bought this property with the shop in 2002
and has been operating the landscape company for 15 years. He said that he was naive when he
purchased the property and didn't know it needed to be zoned for a landscape company. He has since
cleaned up the property and wants to be in compliance.
Commissioner Cope said he heard from Public Works that the access is in conflict with one of the neighbor's
access. He asked if the access can be adjusted so that it can be shared between the two properties. Mr.
Carver said that there is an irrigation ditch and it would take a lot of earth work and culvert to make that
happen. Ms. Balzano said that according to the Access Control Plan it should be combined with one of the
neighbors: however, it doesn't appear to be achievable and added that the property is not long enough to
meet spacing_
1
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Gary Winters. 39471 CR 29, said that he is a neighbor. He said that the applicant is trying to keep up with
the weeds but doesn't feel that he will keep up with it. He noted that his employees urinate on the ground.
He also feels his property values will suffer from having this business next door_
Chad Judge. 806 Kohler Farms Road. Kersey, Colorado, said that he supports small business. Weld
County, agriculture, and is also a small business owner and a farmer. He wants to see that there is a fair
resolution to this case. He suggested that maybe the parties could get together and see if there is a middle
ground.
Commissioner Sparrow said he doesn't know where he stands on this case. Mr. Judge said that
government has a place but sometimes there can be a little overreach and feels the parties should try to
figure this out. He said that anyone starting a small business doesn't have a manual on how to apply for a
permit and the process of what it takes. He added that if he had to choose a side. he would choose the
small business.
The Chair asked if there were any changes to the Resolution. Mr. Gathman said that he would like to
amend Development Standard 3 to correct the days of operation and said it should be Monday through
Friday.
Motion: Amend Development Standard 3 to read "The hours of operation are 7:00 a.m. — 5:00 p.m. Monday
— Friday", Moved by Tom Cope. Seconded by Elijah Hatch. 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 USR19-0037 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 Tom Cope, Seconded by Michael Wailes.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 8).
Yes: Bruce Johnson. Bruce Sparrow. Elijah Hatch, Gene Stille. Lonnie Ford, Michael Wailes, Richard Beck.
Tom Cope.
Meeting adjourned at 7:11 pm.
Respectfully submitted.
T Ytilr�f iY �.
Kristine Ranslem
Secretary
2
ATTENDANCE RECORD
NAME - PLEASE PRINT
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ADDRESS
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ATTENDANCE RECORD
NAME - PLEASE PRINT LEGIBLY
ADDRESS
EMAIL
John
Doe
123 Nowhere
Street, City, State, Zip
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