HomeMy WebLinkAbout20194572.tiffBEFORE THE WELD COUNTY. COLORADO. PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Bruce Johnson, that the following resolution be introduced for passage by the Weld County
Planning Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER:
APPLICANT:
PLANNER:
REQUEST:
LEGAL DESCRIPTION:
LOCATION:
USR19-0048
DAVID AND CYNTHIA STARK
MICHAEL HALL
A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR ONE (1) SINGLE-FAMILY DWELLING UNIT PER LOT OTHER
THAN THOSE PERMITTED UNDER SECTION 23-3-20.A. (SECOND SINGLE-
FAMILY DWELLING UNIT) AND 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 (SEMI -TRUCK PARKING)
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 B OF RECORDED EXEMPTION RECX17-0189; BEING A PART OF THE
NE4SE4 OF SECTION 25. T5N. R65W OF THE 6TH P.M., WELD COUNTY.
COLORADO.
WEST OF AND ADJACENT TO CR 49; APPROXIMATELY 0.27 MILES NORTH
OF CR 52.
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.F.2 - A.Policy 6.2. states, "Support opportunities, such as but not limited to
hobby farming and home businesses, to supplement family income and reduce living
expenses for farm families and others who prefer a rural lifestyle."
The property owners are the owners and managers of the trucking company and they live in
the primary residence on -site. The proposed USR allows them to conduct a small local
business and maintain a rural residential lifestyle on the same property.
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 business is located in an area that contains several other commercial and
industrial operations and nearby oil and gas activity. The proposed business is compatible
with the existing land uses. Productive agricultural activities are not readily supported on this
parcel because of the small lot size. Furthermore, this property has direct access onto County
Road 49, which is a major regional transportation corridor that supports commercial and
industrial transportation. The location of this trucking company is supported because trucks
may travel north or south on County Road 49 and connect directly onto to US Highway 34 or
Interstate -76 which are both major trucking routes.
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."
RESOLUTION USR19-00418
DAVID AND CYNTHIA STARK
PAGE 2
There is currently water and septic service provided to the property for the existing trucking
business and second home. Central Weld County Water District (account # 06), provides
water to the site. The CWCWD referral dated July 17, 2019, did not have opposition to the
business or two (2) residences. The referral stated that the applicant will be contacted
independently of the USR permit to complete a backflow survey but that it did not need to be
a condition of approval for the USR. A septic permit (G19880193, repermitted by SP -
0900174) sized for six (6) bedrooms serves both residences and the employee restroom
located in the primary residence.
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." As of July 11, 2019, the date of complete application submittal, this code section
allows the applicant to apply for a Use by Special Review permit for the subject business
which is more intense than Uses Allowed by Right.
Section 23-3-40.M. — Uses by special review, of the Weld County Code states, "One (1)
single-family dwelling unit per lot other than those permitted under section 23-3-20.A. (second
single-family dwelling unit) in the Agricultural (A) Zone District." As of July 11, 2019, the date
of complete application submittal, this code section allows the applicant to apply for a USR
second home.
Section 23-3-40.S. — Uses by special review. of the Weld County Code allows, "Any use
permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the
Commercial or Industrial zone districts, provided that the property is not a lot in an approved
or recorded subdivision plat or lots parts of a map or plan filed prior to adoption of any
regulations controlling subdivisions." As of July 11, 2019, the date of complete application
submittal, this code section allows the applicant to apply for a USR for a miscellaneous
commercial/industrial operation because the site is not located within a subdivision or historic
townsite.
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 three (3) parcels immediately adjacent to the site;
one (1) with a residence. The applicant does not own any other contiguous land. There are
several USRs within one (1) mile of this site including natural gas pipelines, a concrete
construction company. an oil and gas support and service facility, and mineral resource
development facilities. This area of the County is rapidly developing with commercial and
industrial operations and the subject trucking USR is compatible with the existing businesses.
The Weld County Department of Planning Services sent notice to three (3) surrounding
property owners within 500 feet of the proposed USR boundary. No responses were
received. No other correspondence or phone calls were received.
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.
Although this area is not expressly designated for industrial uses, the site offers convenient
access to County Road 49, which is a direct and important transportation connection in
RESOLUTION USR19-00418
DAVID AND CYNTHIA STARK
PAGE 3
Northern Colorado. Locating this type of USR next to a major transportation corridor
minimizes the need for trucks to drive on local roads or extensively through agricultural lands,
which support Sections 22-2-80.C and F of the Weld County Code.
This site is located within the three (3) mile referral radius of the Town of Kersey. Kersey
returned a referral response dated July 25, 2019 and indicated no concerns.
The site is located within the Town of Kersey Coordinated Planning Agreement boundary.
During the pre -application process, the applicant submitted a Notice of Inquiry form to
Kersey. The Town returned the signed NOI dated March 19, 2019 and requests appropriate
screening of the truck parking area.
The site is not located in a Regional Urbanization Area (RUA) or Urban Growth Boundary
(UGB) of a municipality.
Section 23-2-220.A.5 -- The application complies with Chapter 23, Articles V and XI. of the
Weld County Code.
The property is located within the A -P (Airport) Overlay District; however, no referral response
was received from the Greeley -Weld County Airport. The property is not located within the
Geologic Hazard Overlay District, a Special Flood Hazard Area or MS4 area.
Building Permits issued on the lot will be required to adhere to the fee structure of the
County -Wide Road Impact Fee Program, County Facility Fee and Drainage Impact Fee
Programs.
Section 23-2-220.A.6 -- The applicant has demonstrated a diligent effort to conserve prime
agricultural land in the locational decision for the proposed use.
The site is designated as "Irrigated Land (Not Prime)" per the 1979 Soil Conservation Service
Important Farmlands of Weld County Map. The proposed USR will not remove any
agricultural land from production. The subject site is not currently used for agricultural
purposes as the small. five (5) acre parcel is not suitable for agricultural production.
G. Section 23-2-220.A.7 -- There is adequate provisions for the protection of the health, safety,
and welfare of the inhabitants of the neighborhood and County.
The Design Standards (Section 23-2-240, Weld County Code), Operation Standards (Section
23-2-250, Weld County Code), Conditions of Approval and Development Standards can
ensure that there are adequate provisions for the protection of health, safety, and welfare of
the inhabitants of the neighborhood and County.
The Weld County Public Works and Weld County Environmental Health referrals, dated July
23 and July 26, 2019, provide additional background and advisory information regarding
designing and operating the site in conformance with the interests of the County, public and
other governmental agencies.
This recommendation is based, in 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. The applicant shall submit a Landscape and Screening Plan to the Department of Planning
Services for review and approval. The Plan shall detail the screening of the truck yard and all
non-commercial junkyard items. (Department of Planning Services)
RESOLUTION USR19-00418
DAVID AND CYNTHIA STARK
PAGE 4
B. During the site inspection dated October 3, 2019, a fifth -wheel style RV appeared to be utilized as
a dwelling unit. The applicant shall provide written statement that the RV will no longer be utilized
as a dwelling and will only be stored on -site. (Department of Planning Services)
C. As the existing on -site waste water treatment system (G19880193) 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)
D. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR19-0048. (Department of Planning Services)
2) The attached Development Standards. (Department of Planning Services)
3) The map shall be updated to show only the property under consideration for the USR.
(Department of Planning Services)
4) The map shall be prepared per Section 23-2-260.D of the Weld County Code.
(Department of Planning Services)
5) Show and label the location of the areas for the parking of trucks, trailers, fuel storage
and tool/maintenance shed. (Department of Planning Services)
6) Show and label the landscape and screening as detailed in the Landscape and
Screening Plan. (Department of Planning Services)
7) Show and label the location of existing and proposed buildings including the existing
second home. (Department of Planning Services)
8) Show and label the location of the trash collection areas. Section 23-3-250.A.6. of the
Weld County Code addresses the issue of trash collection areas. (Department of
Planning Services)
9) Show and label the location of the signage, if applicable. Signs shall adhere to Chapter
23, Article IV, Division 2, Section 23-2-240.A.12 and Appendices 23-C, 23-D and 23-E of
the Weld County Code. (Department of Planning Services)
10) Show and label the location of the lighting, if applicable. All lighting shall be downcast
and shielded so that light rays will not shine directly onto adjacent properties.
(Department of Planning Services)
11) Show and label all recorded easements and rights -of -way on the map by book and page
number or reception number. (Department of Planning Services)
12) If applicable, setback radiuses for existing oil and gas tank batteries and wellheads shall
be indicated on the map per the setback requirements of 23-3-50.E of the Weld County
Code. (Department of Planning Services)
13) The County Highway (County Road 49) is designated on the Weld County Functional
Classification Map as an arterial road which typically requires 140 feet of right-of-way at
full build out. The alignment of the road widening project varies along the section line for
the corridor. Contact Public Works for the location of the existing and future right-of-way
RESOLUTION USR19-00418
DAVID AND CYNTHIA STARK
PAGE 5
and easements and delineate these on the site plan. All setbacks shall be measured from
the edge of right-of-way. This road is maintained by Weld County. (Department of Public
Works)
14) Show and label the approved access locations, approved access width and the
appropriate turning radii (60 -feet) on the site plan. The applicant must obtain an access
permit in the approved location(s) prior to operation. (Department of Public Works)
15) Show and label the approved tracking control on the site plan. (Department of Public
Works)
16) 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)
17) Show and label the drainage flow arrows. (Department of Public Works)
18) Show and label the parking and traffic circulation flow arrows showing how the traffic
moves around the property. (Department of Public Works)
2. Upon completion of Condition of Approval #1 above, the applicant shall submit one (1) electronic copy
(.pdf) of the map for preliminary approval to the Weld County Department of Planning Services. Upon
approval of the map the applicant shall submit a Mylar map along with all other documentation
required as Conditions of Approval. The Mylar map shall be recorded in the office of the Weld County
Clerk and Recorder by the Department of Planning Services. The map shall be prepared in
accordance with the requirements of Section 23-2-260.D of the Weld County Code. The Mylar map
and additional requirements shall be submitted within one hundred twenty (120) days from the date of
the Board of County Commissioners Resolution. The applicant shall be responsible for paying the
recording fee. (Department of Planning Services)
3. In accordance with Weld County Code Ordinance #2012-3, approved April 30. 2012, should the map
not be recorded within the required one hundred twenty (120) days from the date of the Board of
County Commissioners Resolution, a $50.00 recording continuance charge shall be added for each
additional three (3) month period. (Department of Planning Services)
4. Prior to Construction:
A. If more than one (1) acre is to be disturbed, a Weld County Grading Permit shall be obtained.
(Department of Public Works)
5. 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 USR19-00418
DAVID AND CYNTHIA STARK
PAGE 6
Motion seconded by Gene Stille.
VOTE:
For Passage
Bruce Johnson
Michael Wailes
Gene Stille
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 15th of October, 2019
Kristine Ranslem
Secretary
RESOLUTION USR19-00418
DAVID AND CYNTHIA STARK
PAGE 7
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
David & Cynthia Stark
USR19-0048
A Site Specific Development Plan and Use by Special Review Permit. USR19-0048 for one (1) single-
family dwelling unit per lot other than those permitted under Section 23-3-20.A. (second single-family
dwelling unit) and 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 (semi -truck parking) 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 of the business office are 7:00 am to 5:00 pm, 7 -days a week. Trucks will be
parked on site 24 -hours a day when not in use. (Department of Planning Services)
4. The maximum number of employees shall be five (5), as stated in the application materials.
(Department of Planning Services)
5. The maximum number of commercial semi -trucks and associated trailers shall be nine (9), as stated
in the application materials. (Department of Planning Services)
6. The outdoor truck parking area on the site shall be maintained. (Department of Planning Services)
7. The existing and proposed landscape and screening shall be maintained in accordance with the
approved Landscape and Screening Plan. (Department of Planning Services)
8. All signs shall adhere to Chapter 23, Article IV, Division 2 and Appendices 23-C. 23-D and 23-E of the
Weld County Code. (Department of Planning Services)
9. The property owner 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)
10. 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)
11. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Department of Public Works)
12. Any work that may occupy and or encroach upon any County rights -of -way or easement shall acquire
an approved Right -of -Way Use Permit prior to commencement. (Department of Public Works)
13. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Public
Works)
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, Section 30-20-100.5, C.R.S. (Department of Public Health and Environment)
RESOLUTION USR19-00418
DAVID AND CYNTHIA STARK
PAGE 8
16 Waste materials shall be handled, stored, and disposed of in a manner that controls fugitive dust,
fugitive particulate emissions, blowing debris, and other potential nuisance conditions. The applicant
shall operate in accordance with Chapter 14, Article 1 of the Weld County Code. (Department of
Public Health and Environment)
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. 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)
19. The facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone as
delineated in 25 12 103 C.R.S. (Department of Public Health and Environment)
20. Any on -site wastewater treatment system located on the property must comply with all provisions of
the Weld County Code, pertaining to On -site Wastewater Treatment Systems. (Department of Public
Health and Environment)
21. Adequate drinking, hand washing, and toilet facilities shall be provided for employees and patrons of
the facility, at all times. A permanent, adequate water supply shall be provided for drinking and
sanitary purposes. (Department of Public Health and Environment)
22. The facility shall -comply with all provisions of the State Underground and Above Ground Storage Tank
Regulations. (Department of Public Health and Environment)
23. 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)
24. Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties
where such would cause a nuisance or interfere with the use on the adjacent properties in accordance
with the plan. Neither the direct, nor reflected, light from any light source may create a traffic hazard to
operators of motor vehicles on public or private streets. No colored lights may be used which may be
confused with, or construed as, traffic control devices. (Department of Planning Services)
25. Building permits may be required, for any new construction or set up manufactured structure, per
Section 29-3-10 of the Weld County Code. A building permit application must be completed and
submitted. Buildings and structures shall conform to the requirements of the various codes adopted at
the time of permit application. Currently the following has been adopted by Weld County: 2018
International Building Codes; 2018 International Residential Code; 2006 International Energy Code;
2017 National Electrical Code: and Chapter 29 of the Weld County Code. A plan review shall be
approved, and a permit must be issued prior to the start of construction. (Department of Building
Inspection)
26. 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.
27. 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.
RESOLUTION USR19-00418
DAVID AND CYNTHIA STARK
PAGE 9
28. 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.
29. 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.
30. 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.
RESOLUTION USR19-00418
DAVID AND CYNTHIA STARK
PAGE 10
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, sand burs. 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, oitots
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SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, October 15, 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 12:35 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:
USR19-0048
DAVID AND CYNTHIA STARK
MICHAEL HALL
A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR ONE (1) SINGLE-FAMILY DWELLING UNIT PER LOT OTHER
THAN THOSE PERMITTED UNDER SECTION 23-3-20.A. (SECOND SINGLE-
FAMILY DWELLING UNIT) AND 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 (SEMI -TRUCK PARKING)
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 B OF RECORDED EXEMPTION RECX17-0189; BEING A PART OF THE
NE4SE4 OF SECTION 25, T5N, R65W OF THE 6TH P.M., WELD COUNTY,
COLORADO.
WEST OF AND ADJACENT TO CR 49; APPROXIMATELY 0.27 MILES NORTH
OF CR 52.
Michael Hall, Planning Services. presented Case USR19-0048, reading the recommendation and
comments into the record. Mr. Hall suggested adding a new Condition of Approval 1.D.3 to read "Update
the map to show only Lot B of the subject Recorded Exemption in question". The Department of Planning
Services recommends approval of this application with the attached conditions of approval and
development standards.
Zackery Roberson, Public Works, reported on the existing traffic, access to the site and drainage conditions
for the site. No Road Maintenance or Improvements Agreement will be required.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements. on -site
dust control, and the Waste Handling Plan. Ms. Light stated that there is a 500 gallon fuel tank on site but
the fuel storage does not require a State permit because it is not large enough: therefore, she suggested
deleting Development Standard 22.
Cynthia Stark, 25311 CR 49, Greeley, Colorado, stated that they have three to four trucks and six trailers
on site most of the time and other trailers in and out of the site. They do have local pick-up and delivery of
vegetables from a distribution center in Erie going to Walmart in Cheyenne. They also have one trip a week
to Minnesota.
Commissioner Johnson said it appears in the pictures that there is miscellaneous debris and an RV and
asked if that is needed on site. Ms. Stark said that they are doing repairs on the RV and it will then be sold.
She added that the boat and a small car will also be sold after some minor repairs.
1
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 Staff for their changes to the Resolution.
Mr. Hall said that to be consistent with other staff reports that have similar language. he requested to add
Condition of Approval 1.D.3 and renumber accordingly. The new Condition of Approval 1.D.3 should read
"The map shall be updated to show only the property under consideration for the USR".
Motion: Add Condition of Approval 1.D.3 and renumber accordingly, Moved by Bruce Johnson. Seconded
by Elijah Hatch. Motion carried unanimously.
Ms. Light suggested the Development Standard 22 be deleted as it is not applicable.
Motion: Delete Development Standard 22, Moved by Michael Wailes, Seconded by Gene Stille. 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 USR19-0048 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 Bruce Johnson, Seconded by Gene Stille.
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
John Doe
123 Nowhere
Street, City, State, Zip
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