HomeMy WebLinkAbout20183035.tiff EXHIBIT
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BEFORE THE WELD COUNTY , COLORADO , PLANNING COMMISSION
1 - O
RCSOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSI
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 : USR18-0058
APPLICANT: GEORGE & LAUREN SAGNER , C/O PAT SAGNER , JR' S LANDSCAPING , LLC
PLANNER : KIM OGLE
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 (LANDSCAPE CONSTRUCTION AND MAINTENANCE BUSINESS)
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 REC EXEMPT RECX12-0101 ; PART NW4 SECTION 12 , T2N , R67W OF
THE 6TH P . M . , WELD COUNTY, COLORADO .
LOCATION : APPROXIMATELY 400 FEET NORTH OF CR 22 . 5 ; EAST OF AND ADJACENT TO
CR 23 .
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 - A. Goal 7 states, "County land use regulations should protect fhe individual
property owner's rrght to request a land use change. " And 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 fihe region . "
The applicants are requesting a Use by Special Review permit for landscape maintenance business
on land that is also their personal residence . The property owner employs twenty-five persons who
will access the property in the morning , park their vehicles and leave in a company owned vehicles .
Hours of operation are 7 : 00 a . m . to 7 : 00 p . m . Monday thru Saturday during the months of April
through September. During winter months October through March the hours are 24 hours a day/
seven days a week to provide for snow removal activities . The existing landscaping on the site
consists of grasses with future plans to install landscaping around the new residence . Section 23-2-
240 . A. 10 states " Buffering or screening of the proposed use from adjacent properties may be required
in order to make the determination that the proposed use is compatible with the surrounding uses . "
The proposed use is in an area that can support this development and the existing and proposed
screening , the Development Standards , and the Conditions of Approval will assist in mitigating the
impacts of the facility on the adjacent properties and ensure compatibility with surrounding land uses
and the region .
Section 22-2-20. G. 7 - A . Policy 7. 3 states, "Conversion of agricultural land to urban residential,
commercial and industrial uses should be considered when the subject site is located inside an
Intergovernmental Agreemenf area, Urban Growth Boundary area, Regional Urbanization Area or
Urban Development Nodes, or where adequate services are currently available or reasonably
obtainable. A municipality's adopted comprehensive plan should be considered, but should not
determine fhe appropriateness of such conversion. "
This site is located within the Intergovernmental Agreement and Coordinated Planning Area for the
RESOLUTION USR18-0058
GEORGE & LAUREN SAGNER, C/O PAT SAGNER, JR'S LANDSCAPING, LLC
PAGE 2
municipalities of Platteville, Firestone and Fort Lupton and is located within three miles of the Town
of Firestone and the City of Fort Lupton. The Town of firestone returned a referral dated July 30,
3028 indicating no concerns. The City of Fort Lupton did not return a referral response. The site is
located within Quadrant II of the City of Fort Lupton Three Mile Area Plan adopted in January 2018.
The Plan identifies issues that should be addressed prior to any parcel of land being annexed into
the City of Fort Lupton, but does not propose the annexation of any lands near the City of Fort
Lupton. Annexation of any land into the City of Fort Lupton remains a decision of the individual
landowner.
Section 22-2-20.H.8 - A.Policy 8.3 states, "The land use applicants should demonstrate that the
roadway facilities associated with the proposed development are adequate in width, classification
and structural capacity to serve the proposed land use change."
The referral comments from the Department of Public Works state that CR 23 is a paved road
classified on the Weld County Transportation Plan as a Collector Road. The Department of Public
Works did not have any concerns with the use of this road for this USR.
Section 22-2-20.H.8 - A.Policy 8.4. states, "The land use applicants should demonstrate that
drainage providing stormwater management for the proposed land use change is adequate for the
type and style of development and meets the requirements of county, state and federal rules and
regulations."
The drainage narrative was submitted and reviewed by the Department of Public Works. No
concerns were identified with the stormwater management.
Section 22-2-20.H.8 - A.Policy 8.5. states, "The land use applicants should demonstrate that public
service providers, such as but not limited to schools, emergency services and fire protection, are
informed of the proposed development and are given adequate opportunity to comment on the
proposal."
The USR request was sent to twelve (12) referral agencies including municipalities within three
miles and the fire district. The referral agencies had 28 days to review this USR and most of them
submitted response of 'no concerns' with the rest submitting comments or conditions that are
incorporated as Conditions of Approval or Development Standards in the staff recommendation.
B. Section 23-2-220.A.2. -- The proposed use is consistent with the intent of the A (Agricultural) Zone
District Section 23-3-40.S. which allows for 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 (Landscape Maintenance Business)
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.
Section 23-3-10— Intent states, "The A (Agricultural) Zone District is also intended to provide areas
for the conduct of uses by Special Review which have been determined to be more intense or to
have a potentially greater impact than uses Allowed by Right."
The proposed USR is in an area that can support this development and the Development Standards
and the Conditions of Approval will assist in mitigating the impacts of the facility on the adjacent
properties and ensure compatibility with surrounding land uses and the region.
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 pastures, crops, and rural residences. There are ten (10) houses
within approximately 1000 feet of the site. The closest residence is approximately 160 feet south of
the property line.
RESOLUTION USR18-0058
GEORGE & LAUREN SAGNER, CIO PAT SAGNER, JR'S LANDSCAPING, LLC
PAGE 3
There are several USRs within one mile of this site. USR1391 is for a retail shop and tree decorating
business and USR14-0042 for a high pressure gas pipeline located to the north; to the east is the
Floodplain and Floodway of the South Platter River, USR-911 for a tractor and farm implement sales
company; USR12-00019 for a mineral resource development facility; USR-1591 for outdoor vehicle
storage and USR13-0035 for a pipeline storage facility; to the south is USR-1639 for a directional
drilling company, MUSR14-0022 for a natural gas pipeline and USR-1444 for gravel mining, and to
the west are USR-1120 for an equine training facility, USR13-0017 for mineral resource
development facility and USR-1063 for a 24 -inch natural gas pipeline.
The Weld County Department of Planning Services has not received phone calls or correspondence
from the surrounding property owners or interested persons regarding this Use by Special Review
(USR).
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 Intergovernmental Agreement and Coordinated Planning Area for the
municipalities of Platteville, Firestone and Fort Lupton and is located within three miles of the Town
of Firestone and the City of Fort Lupton. The Town of firestone returned a referral dated July 30,
3028 indicating not concerns. The City of Fort Lupton did not return a referral response.
E. Section 23-2-220.A.5 -- The application complies with Chapter 23, Articles V and XI, of the Weld
County Code.
The site is not in a Floodplain, Geologic Hazard or the Airport Overlay Districts.
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 proposed landscape business is located on 4 acre of soil designated as "Irrigated Land (Not
Prime)" per the 1979 Soil Conservation Service Important Farmlands of Weld County Map. There
are no new structures proposed so the USR will not take any Prime (Irrigated) Farmland 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 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 (if required), and testing and approval of completed
RESOLUTION USR18-0058
GEORGE & LAUREN SAGNER, 0/O PAT SAGNER, JR'S LANDSCAPING, LLC
PAGE 4
improvements. (Department of Public Works)
B. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR18-0058. (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) The applicant shall delineate the trash collection areas. Section 23-3-350.H of the Weld
County Code addresses the issue of trash collection areas. (Department of Planning
Services)
5) If applicable, 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)
6) The map shall delineate the lighting, incorporating Dark Sky standards, if applicable.
(Department of Planning Services)
7) County Road 23 is a paved road and is designated on the Weld County Functional
Classification Map as a collector road which requires 80 feet of right-of-way at full buildout. The
applicant shall delineate on the site plan the future and existing right-of-way. This road is
maintained by Weld County. (Department of Public Works)
8) Show and label the approved access locations, approved access width and the appropriate
turning radii (60') on the site plan. The applicant must obtain an access permit in the approved
location(s) prior to construction. (Department of Public Works)
9) Show and label the approved tracking control on the site plan. (Department of Public Works)
10) 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)
11) The applicant shall show the drainage flow arrows. (Department of Public Works)
12) Show and label the parking. (Department of Public Works)
13) Show the visual mitigation to screen the parking of vehicles, parking and staging of equipment
and outdoor storage of materials from public rights -of -way and adjacent property. (Department
of Planning Services)
2. Prior to Construction:
A. The approved access and tracking control shall be constructed prior to on -site construction. This site
requires a tracking control device and a minimum of 300 feet of recycled asphalt or road base.
(Department of Public Works)
B. If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required.
(Department of Public Works)
3. 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
RESOLUTION USR18-0058
GEORGE & LAUREN SAGNER, C/O PAT SAGNER, JR'S LANDSCAPING, LLC
PAGE 5
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)
4. 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)
5. 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)
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 Richard Beck.
VOTE:
For Passage
Bruce Johnson
Bruce Sparrow
Michael Wailes
Tom Cope
Richard Beck
Elijah Hatch
Against Passage Absent
Gene Stille
Lonnie Ford
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 September 18, 2018.
Dated the 18'h of September, 2018
Kristine Ranslem
Secretary
RESOLUTION USR18-0058
GEORGE & LAUREN SAGNER, O/O PAT SAGNER, JR'S LANDSCAPING, LLC
PAGE 6
SITE SPECIFIC DEVELOPMENT
PLAN USE BY SPECIAL REVIEW
PERMIT DEVELOPMENT
STANDARDS
JRs Landscaping LLC
USR18-0058
1. A Site Specific Development Plan and Use by Special Review Permit, USR18-0058, 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 (Landscape Construction and Maintenance Business) 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, 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. to 7:00 p.m. Monday thru Saturday during the months of April through September and
24 hours a day/ seven days a week during the months of October through March to provide for snow
removal activities. (Department of Planning Services)
4. The number of employees shall be forty (40). (Department of Planning Services)
5. The parking area on the site shall be maintained. (Department of Planning Services)
6. The visual mitigation to screen vehicles, equipment and materials sored on site shall be maintained.
(Department of Planning Services)
7. All signs shall adhere to Chapter 23, Article IV, Division 2 and Appendices 23-C, 23-D and 23-E of the
Weld County Code. (Department of Planning Services)
8. The property owner shall control noxious weeds on the site. (Department of Public Works)
9. 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)
10. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Department of Public Works)
11. 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)
12. The Property Owner shall comply with all requirements provided in the executed Improvements
Agreement. (Department of Public Works)
13. The Improvements Agreement for this site shall be reviewed on an annual basis, including possible
updates (Department of Public Works)
14. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Public
Works)
15. Weld County is not responsible for the maintenance of onsite drainage related features. (Department of
Public Works)
16. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5,
RESOLUTION USR18-0058
GEORGE & LAUREN SAGNER , C/O PAT SAGNER , JR' S LANDSCAPING , LLC
PAGE 7
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)
17 . 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)
18 . 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)
19 . Fugitive dust should attempt to be confined on the property. Uses on the property should complywith the
Colorado Air Quality Commission 's air quality regulations. ( Department of Public Health and Environment)
20 . Adequate drinking , handwashing and toilet facilities shall be provided for employees of the facility, at all
times . Any septic system located on the property must comply with all provisions of the Weld County
Code , pertaining to Onsite Waste Water Treatment Systems . ( Department of Public Health and
Environment)
21 . A permanent, adequa₹e water supply shall be provided for drinking and sanitary purposes . The existing
well ( permit 291979 ) cannot be used for the business unless it is re-permitted to allow commercial use .
( Department of Public Health and Environment)
22 . For employees or contractors on site for less than 2 consecutive hours a day , and 2 or less full-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 o₹ Public Health and Environment. Portable toilets shall be serviced by a cleaner
licensed in Weld County and shall contain hand sanitizers . ( Department of Public Health and
Environment)
23 . This facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone as
delineated in 25- 12- 103 C . R . S . ( Department of Public Health and Environment)
24 . All pesticides , fertilizer, and other 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 . ( Department of Public
Health and Environment)
25 . 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)
26 . Sources of light shall be shielded and incorporate Dark Sky standards 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)
27 . 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; 2014
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)
28 . Necessary personnel from the Weld County Departments of Planning Services , Public Works , and
RESOLUTION USR18-0058
GEORGE & LAUREN SAGNER, O/O PAT SAGNER, JR'S LANDSCAPING, LLC
PAGE 8
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.
29. 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.
30. 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.
31. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of the most
abundant mineral resources, including, but not limited to, sand and gravel, oil, natural gas, and coal.
Under title 34 of the Colorado Revised Statutes, minerals are vital resources because the state's
commercial mineral deposits are essential to the state's economy; (b) the populous counties of the state
face a critical shortage of such deposits; and (c) such deposits should be extracted according to a
rational plan, calculated to avoid waste of such deposits and cause the least practicable disruption of the
ecology and quality of life of the citizens of the populous counties of the state.
Mineral resource locations are widespread throughout the County and person moving into these areas
must recognize the various impacts associated with this development. Often times, mineral resource
sites are fixed to their geographical and geophysical locations. Moreover, these resources are protected
property rights and mineral owners should be afforded the opportunity to extract the mineral resource.
32. WELD COUNTY'S RIGHT TO FARM: 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
RESOLUTION USR18-0058
GEORGE & LAUREN SAGNER, O/O PAT SAGNER, JR'S LANDSCAPING, LLC
PAGE 9
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.
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SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING �
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Tuesday , September 18 , 2018 � � _
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: Bruce Johnson , Bruce Sparrow, Elijah Hatch , Michael Wailes , Richard Beck, Tom Cope .
Absent : Gene Stille and Lonnie Ford .
Also Present : Kim Ogle , Chris Gathman , Diana Aungst, Department of Planning Services ; Lauren Light
and Ben Frissell , Department of Health ; Evan Pinkham , Public Works ; Frank Haug , County Attorney , and
Kris Ranslem , 5ecretary.
CASE NUMBER: USR18-0058
APPLICANT: GEORGE & LAUREN SAGNER, C/O PAT SAGNER , JR' S LANDSCAPING , LLC
PLANNER: KIM OGLE
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 ( LANDSCAPE CONSTRUCTION AND MAINTENANCE
BUSINESS) 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 REC EXEMPT RECX12-0101 ; PART NW4 SECTION 12 , T2N , R67W OF
THE 6TH P . M . , WELD COUNTY, COLORADO .
LOCATION : APPROXIMATELY 400 FEET NORTH OF CR 22 . 5 ; EAST OF AND ADJACENT
TO CR 23 .
Kim Ogle , Planning Services , presented Case USR18-0058 , reading the recommendation and comments
into the record . The Department of Planning Services recommends approval of this application with the
attached conditions of approval and development standards .
Evan Pinkham , Public Works , reported on the existing traffic , access to the site and drainage conditions for
the site. An Improvements Agreement will be required for this site .
Lauren Light, Environmental Health , reviewed the public water and sanitary sewer requirements , on-site
dust control , and the Waste Handling Plan .
Pat Sagner, 11097 CR 22 . 5 , Ft. Lupton , Colorado , stated that they are proposing a landscaping company
where the employees arrrve in the morning to pick up theirjob assignments for the day and then arrive back
in the evening .
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 USR18-0058 to the �oard of County Commissioners along with the Conditions of
Approval and Development Standards with the Planning Gommission 's recommendation of approval ,
Moved by Bruce Johnson agreed with Staff' s findings , Seconded by Richard Beck .
Vote : Motion carried by unanimous roll call vote (summary : Yes = 6) .
Yes : Bruce Johnson , Bruce Sparrow, Elijah Hatch , Michael Wailes , Richard Beck, Tom Cope .
Commissioner Cope stated that this meets Section 23-2-220 .A . 2 .
1
Commissioner Wailes cited Section 23-2-220.A.3 that the use is compatible with the surrounding land uses.
Meeting adjourned at 3:41 pm.
Respectfully submitted,
Kristine Ranslem
Secretary
2
ATTENDANCE RECORD
NAME - PLEASE PRINT LEGIBLY
ADDRESS
EMAIL
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