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Home My WebLink About20190471.tiffBEFORE THE WELD COUNTY. COLORADO. PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Bruce Sparrow, 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: USR18-0082 APPLICANT BEN & AMY TOTEMS PLANNER MICHAEL HALL REQUEST A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT FOR A USE PERMITTED AS A USE BY RIGHT, AN ACCESSORY USE. OR A USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS (MANUFACTURING AND WOODWORKING INCLUDING TINY HOMES. WOOD AND METAL TRUSSES.. CABINETS AND PIPELINE ASSEMBLY. OUTDOOR STORAGE. AND AUTOMOTIVE REPAIR AND RESTORATION) PROVIDED THAT THE PROPERTY IS NOT A LOT IN AN APPROVED OR RECORDED SUBDIVISION PLAT OR LOTS PART OF A MAP OR PLAN FILED PRIOR TO ADOPTION OF ANY REGULATIONS CONTROLLING SUBDIVISIONS IN THE A (AGRICULTURAL) ZONE DISTRICT. LEGAL DESCRIPTION LOT A RE -4282. PART W2SW4 SECTION 20, T1N R67W OF THE 6TH P.M.. WELD COUNTY, COLORADO. LOCATION EAST OF AND ADJACENT TO CR 15, APPROXIMATELY 0.21 MILES NORTH OF CR 6, be recommended favorably to the Board of County Commissioners for the following reasons: The submitted materials are in compliance with the application requirements of Section 23-2-260 of the Weld County Code. 2. It is the opinion of the Planning Commission that the applicant has shown compliance with Section 23- 2-220 of the Weld County Code as follows: A. Section 23-2-220.A.1. -- The proposed use is consistent with Chapter 22 and any other applicable code provisions or ordinance in effect. Section 22-2-20. G. 2. - A. Policy 7.2. states, "Conversion of agricultural land to nonurban residential, commercial and industrial uses should be accommodated when the subject site is in an area that can support such development and should attempt to be compatible with the region. Productive agricultural activities are not readily supported on this parcel because of the small lot size. A new residence is currently being constructed on -site. As a smaller recorded exemption lot. the residential use is appropriate. The commercial use is appropriate because it is located in the southwest portion of the County which is rapidly developing and there are numerous nearby commercial businesses. The business is compatible if the use is screened from adjacent residential uses to the north and County Road 15 to the west. Additionally, the property is in a rural area but has easy access to transportation networks with Interstate -25. approximately three (3) miles to the west and the Adams -Weld County line approximately two (2) miles to the south. Furthermore. the operation provides a wide range of commercial services to the growing areas of southwestern Weld County and the northern Denver Metro area. 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. - This business is owned and operated by the property owners and is supplementary source of income. The owners intend to keep the business small and efficient, so they can stay on the site for many years and preserve the rural residential lifestyle. RESOLUTION USR18-0082 BEN & AMY TOTEMS PAGE 2 Section 22-2-20.H. - A.Goal 8. States, "Ensure that adequate services and facilities are currently available or reasonably obtainable to accommodate the requested new land use change for more intensive development." Water and septic service are provided to the property. Mountain View Water Users Association of Adams County (tap #374) provides water service to the property for residential purposes and cannot be used for commercial purposes. A septic system (SP -1900099) sized for four (4) bedrooms provides sewage disposal. The business will be served by a portable toilet and bottled water will be provided for employees when they are at the site which is acceptable according to Environmental Health policy. 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." 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.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 code section allows the applicant to apply for a USR for a commercial/industrial operation as the site is not located within a subdivision. C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing surrounding land uses. The surrounding lands consist of farmland, rural residences, and commercial businesses. There are six (6) properties immediately adjacent to the site; two (2) with residences located on them. The applicant does not own any other contiguous land; however, the applicant's family members own three (3) of the six (6) adjacent parcels. The closest residence from the business area is approximately 700 feet to the south and is owned by the applicant's family members. The Weld County Department of Planning Services sent notice to six (6) surrounding property owners within 500 -feet of the proposed USR boundary. No responses were received back. The applicants sent notice of a community meeting to surrounding property owners. A neighborhood meeting was held on July 6, 2018 at 6:00 pm at their shop which was attended by three (3) individuals as noted in the attendance sheet in the application materials. No meeting minutes were submitted. There are three (3) USRs within one mile of this site. USR-1669 for truck parking is to the west. USR17-0009 for outdoor storage including RVs, trucks and vehicles is to the east. USR-1261 for a kennel (150 dogs, 40 cats) is to the east. Beyond one mile, USRs include mineral resource development facilities, truck parking and truck repair businesses, kennels, compressor stations, construction and material storage businesses, horse sales, show and training facilities and fertilizer processing facilities. D. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with future development of the surrounding area as permitted by the existing zoning and with the future development as projected by Chapter 22 of the Weld County Code and any other applicable code provisions or ordinances in effect, or the adopted Master Plans of affected municipalities. This site is located within the three (3) mile referral area of the City of Dacono, City of RESOLUTION USR18-0082 BEN & AMY TOTEMS PAGE 3 Northglenn, and City and County of Broomfield. The City of Dacono municipal limits are located directly northwest of the parcel, west of County Road 15. The Northglenn and Broomfield referral responses, dated August 13 and August 14, 2018, stated no concerns. No response was received from Dacono. The site is not located in a Coordinated Planning Agreement (CPA), Intergovernmental Agreement (IGA), Regional Urbanization Area (RUA) or Urban Growth Boundary (UGB) of a municipality. E. 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 A -P (Airport) Overlay District, Geologic Hazard Overlay District, a Special Flood Hazard Area or MS4 area. Building Permits issued on the lot will be required to adhere to the fee structure of the County -Wide Road Impact Fee Program. Building Permits issued on the proposed lot will be required to adhere to the fee structure of the County Facility Fee and Drainage Impact Fee Programs. 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 site contains soils designated as "Prime (Irrigated) - Farmlands of National Importance." The subject property is not currently used for agricultural purposes and the USR will not further remove any active farm ground from production. Due to the small size of the property and being located in an area that has been split by multiple recorded exemptions, it is not suitable for agricultural production. G. Section 23-2-220.A.7 -- There is adequate provisions for the protection of the health, safety, and welfare of the inhabitants of the neighborhood and County. The Design Standards (Section 23-2-240, Weld County Code), Operation Standards (Section 23-2-250, Weld County Code), Conditions of Approval and Development Standards can ensure that there are adequate provisions for the protection of health, safety, and welfare of the inhabitants of the neighborhood and County. This recommendation is based, in part, upon a review of the application materials submitted by the applicant, other relevant information regarding the request, and responses from referral entities. The Planning Commission recommendation for approval is conditional upon the following: 1. Prior to recording the map: A. The applicant shall submit a Landscape and Screening Plan for review and approval by the Department of Planning Services. The outdoor storage area shall be screened from adjacent residences and County Road 15 by an opaque fence or combination of fence and landscaping. (Department of Planning Services) B. The applicant shall address the requirements of the Mountain View Fire Rescue regarding water supply for fire protection, as stated in the referral response dated August 21, 2018. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Planning Services) C. The on -site wastewater treatment system permitted as SP -1800099 must receive final approval from Environmental Health Services. (Department of Public Health and Environment) RESOLUTION USR18-0082 BEN & AMY TOTEMS PAGE 4 D. An Improvements and Road Maintenance Agreement is required for off -site improvements at this location. Road maintenance includes, but is not limited to, dust control and damage repair to specified haul routes. The Agreement shall include provisions addressing engineering requirements, submission of collateral, and testing and approval of completed improvements. (Department of Public Works) E. A Final Drainage Report and Certification of Compliance stamped and signed by a Professional Engineer registered in the State of Colorado is required. (Department of Public Works) F. The map shall be amended to delineate the following: 1) All sheets of the map shall be labeled USR18-0082. (Department of Planning Services) 2) The attached Development Standards. (Department of Planning Services) 3) The map shall be prepared per Section 23-2-260.D of the Weld County Code. (Department of Planning Services) 4) Show and label the areas for commercial storage/parking and employee parking. (Department of Planning Services) 5) Show and label the approved landscaping and screening. (Department of Planning Services) 6) Show and label the location of the portable toilets. (Department of Planning Services) 7) 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) 8) If applicable, signs shall be shown on the map and shall adhere to Chapter 23, Article IV, Division 2, Section 23-2-240.A.12 and Appendices 23-C, 23-D and 23-E of the Weld County Code. (Department of Planning Services) 9) If applicable, the map shall delineate the lighting. All lighting shall be shielded so that light rays will not shine directly onto adjacent properties and roadways. in accordance (Department of Planning Services) 10) 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) 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) County Road 15 is a gravel road and is designated on the Weld County Functional Classification Map as a local road which requires 60 feet of right-of-way at full buildout. The applicant shall delineate on the site plan the existing right-of-way. All setbacks shall be measured from the edge of right-of-way. This road is maintained by Weld County. (Department of Public Works) 13) Show and label the approved access location, approved access width and the appropriate turning radii (60') on the site plan. The applicant must obtain an access permit in the approved location prior to construction. (Department of Public Works) 14) Show and label the approved tracking control on the site plan. (Department of Public Works) RESOLUTION USR18-0082 BEN & AMY TOTEMS PAGE 5 15) If applicable, show and label the entrance gate. An access approach that is gated shall be designed so that the longest vehicle (including trailers) using the access can completely clear the traveled way when the gate is closed. In no event, shall the distance from the gate to the edge of the traveled surface be less than 35 feet. (Department of Public Works) 16) The applicant shall show the drainage flow arrows. (Department of Public Works) 17) Show and label the parking and traffic circulation flow arrows showing how the traffic moves around the property. (Department of Public Works) 2. Upon completion of Condition of Approval #1 above, the applicant shall submit one (1) electronic copy (.pdf) of the map for preliminary approval to the Weld County Department of Planning Services. Upon approval of the map the applicant shall submit a Mylar map along with all other documentation required as Conditions of Approval. The Mylar map shall be recorded in the office of the Weld County Clerk and Recorder by the Department of Planning Services. The map shall be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code. The Mylar map and additional requirements shall be submitted within one hundred twenty (120) days from the date of the Board of County Commissioners Resolution. The applicant shall be responsible for paying the recording fee. (Department of Planning Services) 3. In accordance with Weld County Code Ordinance #2012-3, approved April 30, 2012, should the map not be recorded within the required one hundred twenty (120) days from the date of the Board of County Commissioners Resolution, a $50.00 recording continuance charge shall added for each additional three (3) month period. (Department of Planning Services) 4. The Department of Planning Services respectfully requests a digital copy of this "Use by Special Review", as appropriate. Acceptable format is a projected ESRI shapefile (.shp, .shx, .dbf, .prj) with a defined coordinate system (i.e., NAD 1983 UTM Zone 13N, WGS 1984, NAD 1983 HARN StatePlane Colorado North FIPS 0501 (US Feet)....etc.).This digital file may be sent to maps@co.weld.co.us. (Department of Planning Services) 5. Prior to Construction: A. If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required. (Department of Public Works) 6. The Use by Special Review activity shall not occur, nor shall any building or electrical permits be issued on the property, until the Use by Special Review map is ready to be recorded in the office of the Weld County Clerk and Recorder or the applicant has been approved for an early release agreement. (Department of Planning Services) Motion seconded by Bruce Johnson. VOTE: For Passage Bruce Johnson Bruce Sparrow Michael Wailes Tom Cope Gene Stille Lonnie Ford Richard Beck Against Passage Absent Elijah Hatch Skip Holland RESOLUTION USR18-0082 BEN & AMY TOTEMS PAGE 6 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 January 15, 2019. Dated the 15th of January, 2019 �cs�ce� � rcla�e. Michelle Wall Secretary RESOLUTION USR18-0082 BEN & AMY TOTEMS PAGE 7 SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Ben and Amy Totems USR18-0082 1. A Site Specific Development Plan and Use by Special Review Permit, USR18-0082, for a Use Permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the Commercial or Industrial Zone Districts (manufacturing and woodworking including tiny homes, wood and metal trusses, cabinets and pipeline assembly, outdoor storage, and automotive repair and restoration) provided that the property is not a lot in an approved or recorded subdivision plat or lots part of a map or plan filed prior to adoption of any regulations controlling subdivisions in the A (Agricultural) Zone District. (Department of Planning Services) 2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County Code. (Department of Planning Services) 3. The hours of operation of the business is 7:00 am to 6:00 pm, Monday thru Saturday. (Department of Planning Services) 4. The operation is limited to two (2) full-time and four (4) part-time employees. (Department of Planning Services) 5. The operation is limited to ten (10) passenger vehicle roundtrips per day and ten (10) semi -trucks per week. (Department of Planning Services) 6. The outdoor storage and parking area on the site shall be maintained. (Department of Planning Services) 7. No finished product including but not limited to tiny homes, trusses and repaired vehicles shall remain on -site for more than sixty (60) days. (Department of Planning Services) 8. The site shall be maintained in accordance with the approved Landscape and Screening Plan. (Department of Planning Services) 9. 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) 10. The property owner shall control noxious weeds on the site. (Department of Public Works) 11. The access on the site shall be maintained to mitigate any impacts to the public road including damages and/or off -site tracking. (Department of Public Works) 12. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized. (Department of Public Works) 13. 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) 14. The property owner shall comply with all requirements provided in the executed Improvements Agreement. (Department of Public Works) 15. The Improvements Agreement for this site shall be reviewed on an annual basis, including possible updates (Department of Public Works) RESOLUTION USR18-0082 BEN & AMY TOTEMS PAGE 8 16. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Public Works) 17. Weld County is not responsible for the maintenance of onsite drainage related features. (Department of Public Works) 18. 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) 19. 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) 20. 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) 21. 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) 22. All potentially hazardous 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. 23. 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) 24. Adequate drinking, hand washing, and toilet facilities shall be provided for employees, at all times. For 2 or less full-time or 4 or less part-time employees on site, portable toilets and bottled water are acceptable. Records of maintenance and proper disposal for portable toilets shall be retained on a quarterly basis and available for review by the Weld County Department of Public Health and Environment. Portable toilets shall be serviced by a cleaner licensed in Weld County and shall contain hand sanitizers. 25. A permanent, adequate water supply shall be provided for drinking and sanitary purposes. (Department of Public Health and Environment) 26. Any septic system located on the property must comply with all provisions of the Weld County Code, pertaining to On -site Wastewater Treatment Systems. (Department of Public Health and Environment) 27. The applicant shall submit an Air Pollution Emission Notice (A.P.E.N.) and Emissions Permit Application and obtain a permit from the Air Pollution Control Division, Colorado Department of Public Health and Environment, as applicable. (Department of Public Health and Environment) 28. Any vehicle or equipment washing shall adhere to "Low Risk Discharge Guidance: Discharges From Surface Cosmetic Power Washing Operations To Land July 2010" as provided by the State. (Department of Public Health and Environment) 29. 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) 30. 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) RESOLUTION USR18-0082 BEN & AMY TOTEMS PAGE 9 31. 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) 32. A building permit may be required, per Section 29-3-10 of the Weld County Code. Currently the following has been adopted by Weld County: 2012 International Codes; 2006 International Energy Code; 2017 National Electrical Code; A building permit application must be completed and two complete sets of engineered plans bearing the wet stamp of a Colorado registered architect or engineer must be submitted for review. A geotechnical engineering report performed by a registered State of Colorado engineer shall be required or an open hole inspection. (Department of Building Inspection) 33. 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. 34. 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. 35. 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. 36. 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. 37. 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 RESOLUTION USR18-0082 BEN & AMY TOTEMS PAGE 10 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 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. SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING Tuesday. January 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 12.30 pm. Roll Call. Present: Michael Wailes, Bruce Sparrow. Bruce Johnson. Gene Stille. Tom Cope Lonnie Ford. Richard Beck. Absent: Elijah Hatch, Skip Holland. Also Present Kim Ogle. Chris Gathman. Diana Aungst. Michael Hall. Angela Snyder. Department of Planning Services. Lauren Light and Ben Frissell. Department of Health. Evan Pinkham. Mike McRoberts and Hayley Balzano. Public Works: Frank Haug. County Attorney. and Michelle Wall. Secretary. Motion: Approve the December 18. 2018 Weld County Planning Commission minutes. Moved by Gene Stille. Seconded by Bruce Sparrow. Motion passed unanimously. CASE NUMBER USR18-0082 APPLICANT BEN & AMY TOTEMS PLANNER MICHAEL HALL REQUEST A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT FOR A USE PERMITTED AS A USE BY RIGHT AN ACCESSORY USE OR A USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS (MANUFACTURING AND WOODWORKING INCLUDING TINY HOMES, WOOD AND METAL TRUSSES CABINETS AND PIPELINE ASSEMBLY. OUTDOOR STORAGE. AND AUTOMOTIVE REPAIR AND RESTORATION) PROVIDED THAT THE PROPERTY IS NOT A LOT IN AN APPROVED OR RECORDED SUBDIVISION PLAT OR LOTS PART OF A MAP OR PLAN FILED PRIOR TO ADOPTION OF ANY REGULATIONS CONTROLLING SUBDIVISIONS IN THE A (AGRICULTURAL) ZONE DISTRICT. LEGAL DESCRIPTION LOT A RE -4282. PART W2SW4 SECTION 20 T1 N R67W OF THE 6TH P.M. WELD COUNTY. COLORADO. LOCATION EAST OF AND ADJACENT TO CR 15. APPROXIMATELY 0.21 MILES NORTH OF CR 6. Michael Hall. Planning Services. presented Case USR18-0082. reading the recommendation and comments into the record. Staff stated that this application had been submitted in response to a zoning violation ZCV18-00105. The Department of Planning Services recommends approval of this application with the attached conditions of approval and development standards. The Chair asked staff if the violation complaint was about the business. Mr. Hall said the violation was initiated by the Building Department staff while doing a building inspection on one of the tiny homes. Evan Pinkham. Public Worksreported 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. Amy and Ben Totems 2218 County Road 15, Brighton. Colorado. Mr. Totems said they currently live in Northglenn but have plans on living on the property in the future. Mr. Totems explained the USR is broad because they are trying to make income to afford to live on the property in the future. 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 if they had any changes to the Development Standards and Conditions of Approval. Mr. Hall said he would like to amend Condition of Approval 1.F.9. to remove the wording "in accordance with the Dark Sky Standard". Motion: Amend Condition of Approval 1.F.9., as recommended by Staff, Moved by Gene Stille, Seconded by Bruce Johnson. Motion carried unanimously. The Chair asked the applicant if they have read through the amended Development Standards and Conditions of Approval and if they are in agreement with those. The applicant replied that they are in agreement. Motion: Forward Case USR18-0082 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 Bruce Sparrow, Seconded by Bruce Johnson. Vote: Motion carried by unanimous roll call vote (summary: Yes = 7). Yes: Bruce Johnson, Bruce Sparrow, Gene Stille, Lonnie Ford, Michael Wailes, Richard Beck, Tom Cope. Meeting adjourned at 5:05 pm. Respectfully submitted, Michelle Wall Secretary ATTENDANCE RECORD NAME - PLEASE PRINT LEGIBLY ADDRESS EMAIL John Doe 123 Nowhere Street, City, State, Zip ...- tibia .... 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