HomeMy WebLinkAbout20194245.tiff EXHIBIT
BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION U(5 _ ���
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIO •
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: USR19-0045
APPLICANT: JOEL VELASCO
PLANNER: MAXWELL NADER
REQUEST: 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 PERMIT IN THE COMMERCIAL OR
INDUSTRIAL ZONE DISTRICTS (VEHICLE REPAIR ESTABLISHMENT
INCLUDING A SHOP, TRUCK AND EQUIPMENT STORAGE AND UP TO 1
CONSTRUCTION OFFICE TRAILER AND 5 CONEX CONTAINERS) PROVIDED
THAT THE PROPERTY IS NOT A LOT IN AN APPROVED OR RECORDED
SUBDIVISION PLAT OR LOTS PARTS OF A MAP OR PLAN FILED PRIOR TO
ADOPTION OF ANY REGULATIONS CONTROLLING SUBDIVISIONS IN THE A
(AGRICULTURAL) ZONE DISTRICT.
LEGAL DESCRIPTION: LOTA 2ND AMENDED REC EXEMPT RE-2031 , PART E2NE4 SECTION 10, T3N,
R66W OF THE 6TH P.M. , WELD COUNTY, COLORADO.
LOCATION : SOUTH OF AND ADJACENT TO CR 36; WEST OF AND ADJACENT
TO CR 33.
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.
The proposed commercial business will be located on a non-irrigated small recorded
exemption lot, so therefore will not take any prime agricultural land out of production. The
business will provide services for numerous industries including the oil and gas industry
within Weld County. This location of operations affords the applicant to live, maintain and
operate the business in close proximity to the areas that they serve. The property is also
located less than one mile from a Natural Gas Processing Plant permitted under USR18-
0019 and was approved and recorded. There are also other mineral resource and oil and gas
production facilities within one mile of the site.
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 will be provided to the property. A commercial well permit for the
proposed site, well permit # 313976, was issued on June 27, 2019. A permit for an On-Site
Wastewater Treatment System (OWTS) (SP-1900151 ) has been applied for but has not
received final approval.
Section 22-2-20. 1. A. Goal 9. states: "Reduce potential conflicts between varying land uses in
the conversion of traditional agricultural lands to other land uses. "
Conditions of approval and development standards are proposed to address potential
impacts of this use including requiring landscaping around the proposed shop and yard, a
RESOLUTION USR19-0045
JOEL VELASCO
PAGE 2
Road Maintenance and Improvements Agreement to address impacts to the adjacent roads,
noise standards and standards for disposal of wastes to reduce the potential for nuisance
conditions.
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."This case was submitted and reviewed under the former
Weld County Code Section 23-3-40.5 which allowed for the applicant to apply for a USR for a
commercial/industrial operation because the site is not located within a subdivision or historic
townsite.This request is no longer permitted however the application was submitted on June
17, 2019 which was prior to the adoption of Ord 2019-02, effective July 25, 2019.
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, oil and gas operations and
commercial/industrial operations. There are five (5) USRs within one mile of the subject
property including a second single family dwelling,an oil and gas support and service facility,
powerline, 10" natural gas line, and a commercial egg farm. There are several USRs within
two miles and of the site including a small scale solar facilities, kennels, oil and gas support
and service facilities, and mineral resource development facilities.
The Weld County Department of Planning Services sent notice to seven (7) surrounding
property owners within five-hundred (500) feet. Planning staff received one (1) letter in
opposition to this USR,dated June 25, 2019 from the property owner directly to the west.The
letter outlined concerns with death of agricultural land, heavy truck traffic, road damage,
groundwater contamination, and real property damage. It was unclear from the letter whether
certain complaints are related to the Anadarko site that was just permitted under USR18-
0019, which is approximately a mile from both the subject property and the neighbor in
opposition.
D. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with future
development of the surrounding area as permitted by the existing zoning and with the future
development as projected by Chapter 22 of the Weld County Code and any other applicable
code provisions or ordinances in effect, or the adopted Master Plans of affected
municipalities.
The site is located within located within Platteville's Coordinated Planning Agreement(CPA)
The town indicated on the signed Notice of Inquiry form dated June 26,2019 that they are not
interested in annexation and had no further comments. No referral response received.
The site is also located within the three (3) mile referral area of Gilcrest. The Town of
Gilcrest in their referral comments, dated July 9, 2019 indicated that they have no concerns.
E. Section 23-2-220.A.5 -- The application complies with Chapter 23, Articles V and XI, of the
Weld County Code.
RESOLUTION USR19-0045
JOEL VELASCO
PAGE 3
The property is not within the Geologic Hazard Overlay District,a Special Flood Hazard Area,
Airport Overlay District or the Municipal Separate Storm Sewer System (M54) area.
Building Permits issued on the lot will be required to adhere to the fee structure of the
County-Wide Road Impact Fee, 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 soil designation for the site is "Prime if the become irrigated" and "other land" per the
1979 Soil Conservation Service Important Farmlands of Weld County Map. With these soil
designations the site is not suitable for farming and therefore will not being taking any
agricultural land out of 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:
1. Prior to recording the map:
A. An Improvements and Road Maintenance Agreement with triggers for off-site improvements 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)
B. A Final Drainage Report and Certification of Compliance stamped and signed by a Professional
Engineer registered in the State of Colorado or a Drainage Narrative stamped and signed by a
Professional Engineer registered in the State of Colorado with a qualifying exception is
required. (Department of Public Works)
C. The map shall be amended to delineate the following:
1. All sheets of the map shall be labeled USR19-0045 (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. Show and label the proposed landscaping and screening. (Department of Planning
Services)
5. Show and label the parking area for the commercial semi-trucks and trailers and the
parking area for employee vehicles. (Department of Planning Services)
6. The applicant shall show and label 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)
7. If applicable,the map shall delineate the lighting.All lighting shall be shielded so that light
RESOLUTION USR19-0045
JOEL VELASCO
PAGE 4
rays will not shine directly onto adjacent properties in accordance with the Dark Sky
Policy. (Department of Planning Services)
8. If applicable,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)
9. County Road 33 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 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 right-of-
way. This road is maintained by Weld County. (Department of Public Works)
10. County Road 36 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 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 right-of-
way. This road is maintained by Weld County. (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. If applicable, show and label the accepted drainage features.Stormwater ponds should
be labeled as "Stormwater Detention, No-Build or Storage Area" and shall include the
calculated volume. (Department of Public Works)
14. Show and label the drainage flow arrows. (Department of Public Works)
15. 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 plat
not be recorded within the required one hundred twenty (120) days from the date of the Board of
County Commissioners Resolution, a $50.00 recording continuance charge shall added for each
additional three (3) month period. (Department of Planning Services)
4. Prior to Construction:
A. The approved access and tracking control shall be constructed prior to on-site construction.
(Department of Public Works)
RESOLUTION USR19-0045
JOEL VELASCO
PAGE 5
B. If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required.
(Department of Public Works)
5. Prior to the issuance of the Certificate of Occupancy:
A. An On-Site Wastewater Treatment System (OWTS)is required for the shop and shall be installed
according to the Weld County On-Site Wastewater Treatment System Regulations. The OWTS
is required to be designed by a Colorado Registered Professional Engineer according to the Weld
County On-Site Wastewater Treatment System Regulations. (Department of Public Health and
Environment)
6. The Use by Special Review Permit 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 plat 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 Against Passage Absent
Bruce Johnson
Michael Wailes
Tom Cope
Gene Stille
Lonnie Ford
Richard Beck
Elijah Hatch
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, Michelle Wall, Recording Secretary for the Weld County Planning Commission, do hereby certify that the
above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County,
Colorado, adopted on September 3, 2019.
Dated the 3rd of September, 2019
Michelle Wall
Secretary
RESOLUTION USR19-0045
JOEL VELASCO
PAGE 6
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Joel Velasco
USR19-0045
1. A Site Specific Development Plan and Use by Special Review Permit, USR19-0045,any Use permitted as
a Use by Right, an Accessory Use or a Use by Special Review Permit in the Commercial or Industrial
Zone Districts (vehicle repair establishment including a shop,truck 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 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 - Friday, as requested in the application
material. (Department of Planning Services)
4. The number of on-site employees shall be up to fourteen (14) as stated in the application materials.
(Department of Planning Services)
5. The number of commercial trucks shall be up to ten (10) as stated in the application materials.
(Department of Planning Services)
6. The number of semi-trucks shall be up to ten (10) as stated in the application materials. (Department of
Planning Services)
7. The number of cranes shall be up to five (5) as stated in the application materials. (Department of
Planning Services)
8. The number of conex containers shall be up to five (5)as stated in the application materials. (Department
of Planning Services)
9. The number of trailers shall be up to fifteen (15) as stated in the application materials. (Department of
Planning Services)
10. The commercial vehicle and employee parking area on the site shall be maintained. (Department of
Planning Services)
11. The proposed landscaping/screening on the site shall be maintained. (Department of Planning Services)
12. 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)
13. 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 and the Dark Sky Policy. 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)
14. 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)
15. 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, 30-20-100.5, C.R.S. (Department of Public Health and Environment)
RESOLUTION USR19-0045
JOEL VELASCO
PAGE 7
16. 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)
17. 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)
18. Adequate drinking, hand washing, and toilet facilities shall be provided for employees, at all times. Any
On-site Wastewater Treatment system located on the property must comply with all provisions of the
Weld County Code, pertaining to Systems. (Department of Public Health and Environment)
19. A permanent, adequate water supply shall be provided for drinking and sanitary purposes. (Department of
Public Health and Environment)
20. 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)
21. Process wastewater(such as floor drain wastes)shall be captured in a watertight vault and hauled off for
proper disposal. Records of installation, maintenance,and proper disposal shall be retained. (Department
of Public Health and Environment)
22. All chemicals must be handled in a safe manner in accordance with product labeling and in a manner,that
minimizes the release of hazardous air pollutants (HAPs) and volatile organic compounds (VOCs). All
chemicals must be stored securely, on an impervious surface, and in accordance with manufacturers'
recommendations. (Department of Public Health and Environment)
23. Any vehicle or equipment washing areas shall capture all effluent and prevent discharges in accordance
with the Rules and Regulations of the Water Quality Control Commission, and the Environmental
Protection Agency. (Department of Public Health and Environment)
24. 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)
25. 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)
26. 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)
27. There shall be no parking or staging of vehicles on public roads. On-site parking shall be utilized.
(Department of Public Works)
28. 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)
29. The Property Owner shall comply with all requirements provided in the executed Improvements and Road
Main. (Department of Public Works)
30. The Improvements and Road Maintenance Agreement for this site may be reviewed on an annual basis,
including a site visit and possible updates. (Department of Public Works)
31. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Public
Works)
32. Weld County is not responsible for the maintenance of onsite drainage related features. (Department of
Public Works)
RESOLUTION USR19-0045
JOEL VELASCO
PAGE 8
33. Building permits may be required, per Section 29-3-10 of the Weld County Code. Currently,the following
have been adopted by Weld County:2018 International Codes,2006 International Energy Code,and 2017
National Electrical Code. A Building Permit Application must be completed and two (2) 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 Colorado registered engineer shall be
required or an Open Hole Inspection. (Department of Building Inspection)
34. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code.
35. 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.
36. 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.
37. 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.
38. 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.
39. 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
RESOLUTION USR19-0045
JOEL VELASCO
PAGE 9
concentration of miscellaneous agricultural materials often produces a visual disparity between rural and
urban areas of the County. Section 35-3.5-102,C.R.S., provides that an agricultural operation shall not be
found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs
methods or practices that are commonly or reasonably associated with agricultural production.
Water has been, and continues to be,the lifeline for the agricultural community. It is unrealistic to assume
that ditches and reservoirs may simply be moved "out of the way" of residential development. When
moving to the County, property owners and residents must realize they cannot take water from irrigation
ditches, lakes, or other structures, unless they have an adjudicated right to the water.
Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice the
size of the State of Delaware)with more than three thousand seven hundred (3,700) miles of state and
county roads outside of municipalities. The sheer magnitude of the area to be served stretches available
resources. Law enforcement is based on responses to complaints more than on patrols of the County,
and the distances which must be traveled may delay all emergency responses, including law enforcement,
ambulance, and fire. Fire protection is usually provided by volunteers who must leave their jobs and
families to respond to emergencies. County gravel roads, no matter how often they are bladed, will not
provide the same kind of surface expected from a paved road. Snow removal priorities mean that roads
from subdivisions to arterials may not be cleared for several days after a major snowstorm. Services in
rural areas, in many cases, will not be equivalent to municipal services. Rural dwellers must, by
necessity, be more self-sufficient than urban dwellers.
People are exposed to different hazards in the County than in an urban or suburban setting. Farm
equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center
pivot operations, high speed traffic,sandburs, puncture vines,territorial farm dogs and livestock,and open
burning present real threats. Controlling children's activities is important, not only for their safety, but also
for the protection of the farmer's livelihood.
EXHIBIT
Ntiouck-e_s
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
q
Tuesday, September 3, 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, Gene Stille, Tom Cope, Lonnie Ford, Richard Beck, Skip Holland.
Absent: Bruce Johnson, Elijah Hatch.
Also Present: Kim Ogle, Chris Gathman, and Maxwell Nader, Department of Planning Services; Lauren
Light and Ben Frissell, Department of Health ; Hayley Balzano and Mike McRoberts, Public Works; Bob
Choate, County Attorney, and Michelle Wall, Secretary.
CASE NUMBER: USR19-0045
APPLICANT: JOEL VELASCO
PLANNER: MAXWELL NADER
REQUEST: 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 PERMIT IN THE COMMERCIAL OR
INDUSTRIAL ZONE DISTRICTS (VEHICLE REPAIR ESTABLISHMENT
INCLUDING A SHOP, TRUCK AND EQUIPMENT STORAGE AND UP TO 1
CONSTRUCTION OFFICE TRAILER AND 5 CONEX CONTAINERS)
PROVIDED THAT THE PROPERTY IS NOT A LOT IN AN APPROVED OR
RECORDED SUBDIVISION PLAT OR LOTS PARTS OF A MAP OR PLAN
FILED PRIOR TO ADOPTION OF ANY REGULATIONS CONTROLLING
SUBDIVISIONS IN THE A (AGRICULTURAL) ZONE DISTRICT.
LEGAL DESCRIPTION: LOT A 2ND AMENDED REC EXEMPT RE-2031 , PART E2NE4 SECTION 10,
T3N, R66W OF THE 6TH P.M. , WELD COUNTY, COLORADO.
LOCATION: SOUTH OF AND ADJACENT TO CR 36; WEST OF AND ADJACENT TO CR
33.
Maxwell Nader, Planning Services, presented Case USR19-0045, reading the recommendation and
comments into the record . Staff received one letter of opposition from a surrounding property owner. The
applicant addressed the neighbor's concerns; after the issues were mitigated, Staff received a letter of
support from that same property owner. The property's recorded exemption plat (RECX19-0044) was
recorded on June 13, 2019. The Department of Planning Services recommends approval of this application
with the attached conditions of approval and development standards.
Mike McRoberts, 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.
Joel Velasco, 16955 County Road 33, Platteville, Colorado. Mr. Velasco explained that he went through
the Recorded Exemption process and didn't realize how long the Recorded Exemption and USR process
were going to take. He had to make the decision to put his business equipment on the site as he is going
through the process. Mr. Velasco and his family live on the property and he plans on his son working for
the business in the future. He said he worked with his neighbor and mitigated the issues. Mr. Velasco and
his neighbor agreed on a fence line rather than a fence.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
The Chair asked the applicant if they have read through the 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 USR19-0045 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 Tom Cope, Seconded by Richard Beck.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 6).
Yes: Gene Stille, Lonnie Ford, Michael Wailes, Richard Beck, Skip Holland, Tom Cope.
Commissioner Cope stated that the applicant has met the 7 criteria of Section 23-2-220 of the Weld County
Code.
Commissioner Wailes stated that in the business world it is a good thing to be ahead of schedule, but in
the County and Municipal world it is hard because you have to wait for permits to be approved.
Meeting adjourned at 2:30 pm.
Respectfully submitted,
9_
Michelle Wall
Secretary
ATTENDANCE RECORD
NAME - PLEASE PRINT LEGIBLY ADDRESS EMAIL
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